A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on August 12, 2002 at 7:00 p.m. in the Council's Chamber of the Municipal Building.

Councilmembers in attendance: Charlie Mitchell (via conference call), D.J. Minella, John Moore, George Ash, George Kondik, David Cline and Christopher Fletcher.

City officials in attendance: William Fahey, Rod Rosnick, Valerie Means, Joseph Cicchirillo, Melissa Farley, A. D. Mastrantoni, Chief Kessler Cole, Chief Mike Gordon, Brae Bryant, Ric Rekowski and Coty Shingle.

Mayor Dean M. Harris led the Pledge of Allegiance.

Harris explained that Councilmember Mitchell was communicating via phone due to a hip replacement.

MINUTES - A motion was made by Councilmember Moore, second by Councilmember Cline to approve the minutes of the July 8, 2002 Regular Session and July 23, 2002 Special Session. This passed 7-0, so ordered.

MAYOR'S AWARDS AND PROCLAMATIONS - Mayor Harris presented an award to Nellie McMillan for her work and dedication to the city. He read the award. It discussed her position as a school crossing guard for 41 years. McMillan corrected she's been a guard for 46 years. She stated its been a pleasure, saying she was offered other jobs but kept this one although there weren't any benefits but she loves children. She commended staff. Harris commended McMillan's husband for crossing the children whenever Nellie couldn't do it. He thanked both McMillans.

COMMUNICATIONS - Harris reminded the Weirton and neighboring communities would be hosting the Municipal League Conference at Mountaineer Gaming Resort, beginning Thursday. He encouraged any interested to attend.

Councilmember Moore asked about the street paving. Joseph Cicchirillo explained council had requested the paving to be done in the Spring, saying they haven't solicited bids because they weren't ready to pave; they've been patching the streets this Summer for the Fall. Moore didn't recall delaying street paving until 2003; he felt there should be a program every Summer or Fall. He hoped it wasn't delayed because of an election year. Councilmember Fletcher recalled they were waiting for revenues and to get away from paving streets and putting salt on them. Harris said Cicchirillo's assessment about the conversations during the budget sessions were correct. The cycle of this Summer is lost, but its hoped for paving every Spring. Harris said it has nothing to do with politics. Councilmember Cline stated Public Works will be submitting a list of streets for paving; paving will be done after election. Moore stated the election is in May and June; they aren't Spring months. He felt a year was lost in street paving. Harris explained its in the best interest of the residents to pave the streets in the Spring, a cycle has to be lost. Moore said its always been his position to have street paving every year.

CITIZENS REMARKS - Chris Orrechio, 115 Valley noted he had discussed at the February council meeting about cleaning up the vehicles on Valley Way, saying nothing has been done. He explained some residents don't want to move their cars because they have no where else to park them. He said Councilmember Fletcher informed him that if he tells residents not to park on the city property, they won't cut the grass. He didn't feel it was a good excuse, saying the area isn't safe for children and it doesn't aesthetically look well. He discussed investing money in beautifying his home, saying the condition of the city property detracts from his property value. He discussed speaking with officials in Charleston about grants, suggesting shrubbery be planted on the property and top soil for the area where the cars are parked. He explained how the cinders were placed there. He discussed the RV being parked there. He discussed plans for landscaping and a jungle gym.

He presented a petition, saying Terry Weigel, Weigel's parents and two other families didn't want to sign it. He presented a blue print of plans for landscaping and a jungle gym.

Councilmember Fletcher stated he's discussed this with Orrechio many times, explaining he may commit to a no parking ordinance. He explained he couldn't ask for council's support for the project since other projects were denied. He suggested Orrechio form a homeowners association. Orrechio questioned raising money for city property. Fletcher named the Marland Heights and Starvaggi Pool Associations. Fletcher didn't want to argue. Orrechio questioned why top soil and shrubs couldn't be put on the city property on Valley Way. Harris reminded that Councilmember Fletcher is speaking. Orrechio said he was tired of excuses.

Harris told Orrechio the city could look at restoring the property, explaining the city would be liable for a jungle gym or a basketball court. He explained the park board is finding a consultant to study the city's parks; many parks aren't being used and he wasn't sure if one or two parks in the Valley Way area would make sense. He felt council could look at a no parking ordinance; the area could be looked at for restoration. He explained state grant monies aren't easy when its going to be used for one street. He didn't think the city would take on the responsibility for a park.

Orrechio said the petition was for top soil, shrubs and trees for aesthetic purposes. Harris agreed with Fletcher's recommendation for an association, explaining how the current neighborhood associations raise money to beautify areas. Orrechio asked if council would add putting top soil and trees in a no parking ordinance. Councilmembers responded they would want it for their ward. Orrechio began to leave the meeting, stating people told him that council wouldn't do it, wouldn't listen and would make excuses. He said the town is falling apart. A discussion occurred between Harris and Orrechio. Orrechio stated he was going to move out of Weirton. Harris called for order. Chief Gordon approached Orrechio and walked him to the Chamber doors.

REPORTS FROM VARIOUS BOARDS AND COMMISSIONS - Councilmember Minella reported the Finance Committee met with Councilmembers Moore, Kondik and himself in attendance. Items recommended under New Business: 2, 5, 6, 7, 8, 9, 10 & 11.

Ordinance 1349 - Motorized Vehicles on Paths - A motion was made by Councilmember Cline, second by Councilmember Fletcher to authorize ordinance 1349, addressing the operating of motorized vehicles on public walking and biking paths. Councilmember Moore asked if a motorized tricycle for the handicapped would be allowed. Cline said no motorized vehicles but handicap wheel chairs are allowed. Councilmember Fletcher thought Rascal bikes are allowed. Cline said the grant says there has to be handicap accessibility to the path, saying there are two handicap people who have assistance and use the trail. Moore didn't want the city to get sued. Fletcher said he's familiar with the grants and believes it spells out what apparatuses can be used. Councilmember Ash said he voted against it last month because it was an emergency reading, stating he does, however, support it. This passed 7-0, so ordered.

Ordinance 1350 - Parking of Auto Trailers on Street - A motion was made by Councilmember Cline, second by Councilmember Ash to authorize ordinance 1350, an ordinance amending article 351.10 of the traffic code of the codified ordinances of the City of Weirton on relating to parking of auto trailers on the street overnight. This passed 7-0, so ordered.

Ordinance 1351 - Amending City Charter (Building Inspector) - A motion was made by Councilmember Fletcher, second by Councilmember Kondik to authorize ordinance 1351 to amend article III, section 2.A(K) and article VII, section 10 of the City of Weirton Charter. Attorney William Fahey replied to Councilmember Fletcher that there would be a third action taken to put it on the ballot. William Fahey responded yes. This passed 5-2 with Councilmembers Ash and Moore dissenting, so ordered.

Ordinance 1352 - Accepting Property (Annie Gregory Estate) - A motion was made by Councilmember Mitchell, second by Councilmember Ash to accept property from Annie Mae Gregory at 320 Pennsylvania Avenue. This passed 7-0, so ordered.

Ordinance - Amend 1288 - Municipal Fee - First Reading - A motion was made by Councilmember Cline, second by Councilmember Fletcher for an ordinance to amend and re-enact a police and fire service fee.

Councilmember Moore No

Councilmember Ash No

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

This passed first reading by a 5-2 vote, so ordered.

Resolution - Training Ammunition - A motion was made by Councilmember Minella, second by Councilmember Moore to adopt a resolution to enter into contract with Pennsylvania Police Supply, Inc., Chalk Hill, PA for purchase of training ammunition for Weirton Police Dept. in the amount of $3295. This passed 7-0, so ordered.

Resolution - Mutual Aid Agreement with Colliers - A motion was made by Councilmember Minella, second by Councilmember Fletcher to adopt a resolution to enter into a mutual aid agreement with Colliers Volunteer Fire Dept. Chief Cole replied to Councilmember Ash that he agrees with the agreement, saying they're in the process of signing mutual aid agreements and Colliers is the last. Councilmember Moore thought a mutual aid agreement was passed, asking if this is something new because of the reorganization. Cole replied its an on-going agreement, reminding that council passed a resolution that the fire chief would recommend all agreements. Harris explained sending a letter and having a discussion with the Mayor of New Cumberland regarding a mutual aid agreement. This passed 7-0, so ordered.

Resolution - Demolition Lien - (Hill) - A motion was made by Councilmember Mitchell, second by Councilmember Ash to adopt a resolution to place liens against real properties for costs incurred in demolition of unsafe properties: Fannie Hill, 321 Loeb Street in the amount of $3,460. Rosnick explained to Councilmember Moore that the person doing the demolition is required to close up the sewers. This passed 7-0, so ordered.

Resolution - Payment to BHJ - A motion was made by Councilmember Fletcher, second by Councilmember Minella to adopt a resolution authorizing 2003 per capita contribution to the Brooke-Hancock-Jefferson Metropolitan Planning Commission in the amount of $4,082.20. This passed 7-0, so ordered.

Resolution - Payment of Municipal League Dues - A motion was made by Councilmember Kondik, second by Councilmember Minella to adopt a resolution authorizing payment of $3,673.98 for 2002-2003 WV Municipal League Dues. This passed 7-0, so ordered.

Resolution - Purchase of Shredder - A motion was made by Councilmember Ash, second by Councilmember Fletcher to adopt a resolution to enter into contract with The Office Supply, 3364 Main Street in the amount of $1,959 for purchase of a paper shredder for the Weirton City Building. Councilmember Moore asked if there's an additional $200 a month maintenance fee. Joe Cicchirillo believed the fee is around $200 a year. This passed 7-0, so ordered.

Resolution - Sidewalk Sweeper - A motion was made by Councilmember Fletcher, second by Councilmember Minella to adopt a resolution to enter into contract with H&K Equipment Company, Arch Street Extension, Carnegie, PA 15106 in the amount of $3,400. This passed 7-0, so ordered.

Resolution - Pre-owned Vehicle for Inspections - A motion was made by Councilmember Cline, second by Councilmember Kondik to adopt a resolution to purchase a pre-owned vehicle for inspections from the West Virginia State Surplus Agency, 2700 Charles Avenue, Dunbar, WV in the amount of $4,550. This passed 7-0, so ordered.

Resolution - Pre-owned Vehicle for Motor Pool - A motion was made by Councilmember Moore, second by Councilmember Kondik to adopt a resolution to purchase a pre-owned vehicle from West Virginia State Surplus Agency, 2700 Charles Street, Dunbar, WV in the amount of $2,000. This passed 7-0, so ordered.

Resolution - Pre-owned Vehicle for Motor Pool - A motion was made by Councilmember Moore second by Councilmember Cline to adopt a resolution to authorize purchase of a pre-owned vehicle from the West Virginia State Surplus Agency, 2700 Charles Street, Dunbar, WV in the amount of $4,700. Councilmember Mitchell asked for an update on finding animal control a vehicle. Chief Gordon said Brae Bryant has been searching. Bryant explained they've been looking for a vehicle in the price range. Joe Cicchirillo replied to Moore that the vehicles wouldn't be taken home; one is for the maintenance employee, the other for those who have to go to the bank, Wheeling. He said if the City Attorney would utilize this vehicle; employees are currently using his vehicle. This passed 7-0, so ordered.

Ordinance - Rescind Handicap Parking - A motion was made by Councilmember Ash , second by Councilmember Minella for an ordinance to rescind ordinance #1221 which established a handicap parking space at 3324 Orchard Street. This passed 7-0, so ordered.

EXECUTIVE SESSION - A motion was made by Councilmember Fletcher, second by Councilmember Cline to convene into an executive session consistent with WV Code 6-9-A-4(4) to discuss personnel. This passed 7-0, so ordered.

Council reconvened at 8:10 p.m.

Harris said personnel matters were discussed in executive session along with pending litigation, stating it be made part of the record.

APPOINTMENTS TO BOARDS AND COMMISSIONS - Planning Commission:

A motion was made by Councilmember Fletcher, second by Councilmember Moore to appoint Ray Gajtka, 283 Bell Blvd. for a term of 8/21/02 - 6/30/05. This passed 7-0, so ordered.

Weirton Redevelopment Authority: A motion was made by Councilmember Kondik, second by Councilmember Cline to appoint Jeri Bankedis, 1107 Barone Drive for a term of 8/1/02 - 7/31/03. This passed 6-0-1 with Councilmember Fletcher abstaining, so ordered. Harris advised Fletcher would abstain from all the Authority appointments due to his employment.

A motion was made by Councilmember Minella, second by Councilmember Cline to appoint Frank Dorsch, 136 Circle Drive for a term of 8/1/02 - 7/31/04. This passed 6-0-1 with Councilmember Fletcher abstaining, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Kondik to appoint Mark Zatezalo, 540 N. 12^th Street for a term of 8/1/02 - 7/31/05. This passed 6-0-1 with Councilmember Fletcher abstaining, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Minella to appoint Michael Gianni, 107 White Park Drive for a term of 8/1/02 - 7/31/06. This passed 6-0-1 with Councilmember Fletcher abstaining, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Minella to appoint Rex Fisher, Barone Drive Ext. for a term of 8/1/02 - 7/31/07. This passed 6-0-1 with Councilmember Fletcher abstaining, so ordered.

ADMINISTRATIVE REPORTS - Park Board - Coty Shingle replied to Councilmember Minella that the minor problems at Starvaggi Park were resolved. Shingle gave an update that the two proposals were received for the playground study; a decision should be made next week. He said the Dunbar playground equipment was purchased and should arrive 4-6 weeks with 2 weeks installation. Councilmember Kondik commended Kevin Elias for the Marland Heights race. Shingle replied to Councilmember Fletcher that council could see the scope of services before signing contracts. He stated council could make their input by making an appointment with Terry Weigel; council can memo Weigel about their recommendations for the scope of the project. He also replied to Fletcher the scope of services would be done before signing the contract and the board should take action on it next week.

Development - Harris noted Bob Riccelli was attending a BHJ Brownfield Seminar.

Public Works - Brae Bryant responded to Councilmember Cline that the crack sealing would begin city-wide, August 19, weather permitting; press release will be sent. He responded to Councilmember Moore that there wouldn't be any sealing in the fall due to manpower shortages; the peak times for cracking in June and July were missed.

Coty Shingle advised the Weirton Steel application process would take place at the Millsop Center and city employees might want to use the bank parking lot.

Treasurer's Report - Valerie Means gave the report. A motion was made by Councilmember Minella, second by Councilmember Cline to accept the administrative reports, treasurer's report and to pay the general fund bills. This passed 7-0, so ordered. Cline asked for the fiscal note to be on agenda items and that they were reviewed and discussed by the Finance Committee. Councilmember Fletcher stated to Means that they've asked for this several times. Cline said the state legislature does it this way. Fletcher wanted a paragraph that states which budget it came from and from which capital improvement program.

Closing prayer - Melissa Farley gave the closing prayer.

ADJOURNMENT - With no further business before the Common Council of the City of Weirton, the meeting was adjourned at 8:21 p.m.

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