A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on August 13, 2001 at 7 p.m. in Council's Chamber of the Municipal Building.

Councilmembers in attendance: Charlie Mitchell, John Moore, George Ash, George Kondik, David Cline and Christopher Fletcher.

City officials in attendance: A. D. Mastrantoni, Chief Cole, Rod Rosnick, Dan Mastrantoni, Terry Weigel, Rik Rekowski, Brae Bryant, Joe Cicchirillo, Joe DiBartolomeo, Chief Fletcher, Melissa Farley and Valerie Means.

Mayor Dean M. Harris led the Pledge of Allegiance.

A motion was made by Councilmember Ash, second by Councilmember Mitchell to approve the minutes of the July 9, 2001 Regular Session. This passed 6-0, so ordered.

Harris presented an award to Senator Ed Bowman in gratitude for his work in the Northern Panhandle. Harris said Bowman helped bring the city $350,000 from the Hancock County Video Lottery funds; $330,000 of it was used for paving. Harris read the award and thanked Bowman on behalf of council. Bowman thanked council, saying he was honored and cherishes such awards.

Harris presented an award to Bianca Biondillo. He said there was an article about her in the newspaper. Biondillo found out about a company that makes wigs from real hair and gives them to children with cancer. He said Bianca cut her long, dark hair and donated it. He thanked her for being an example for children her age. He read the award and congratulated her.

Joe Cicchirillo explained St. Paul's through Accordia will cover the bow hunt but hunters will have to sign that they can't sue the city if they are hurt or if an accident occurs. He said Capt. Gordon can be contacted about the hunt. Councilmember Cline asked Chief Fletcher to check into adding another tag to the hunt. Fletcher said its up to the state's wildlife division but it would be looked into. Harris said the dates will be advertised when they're established.

Rik Rekowski, Mary H. Library director, announced an invitation to council and the public for the opening of "The Many Realms of King Arthur's Exhibit" on August 20, 2001 at 4 p.m. Rekowski passed out flyers, saying it was made possible through a grant and gift from the Women's Club; its an exhibit from the American Library Association. The exhibit runs from August 20, 2001 until October 4, 2001 during public service hours at the library.

Harris said the Finance Committee did not meet due to a lack of a quorum.

A motion was made by Councilmember Cline, second by Councilmember Ash to authorize an ordinance to amend Article 331.01 of the code of the City of Weirton. This passed 6-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Fletcher to authorize an ordinance, amendment # 584 to the Traffic Control Map of the City of Weirton to repeal Ordinance 479 which prohibited parking between 147 and 155 Hindman lane on both sides of the street. Councilmember Moore asked Joe DiBartolomeo for the procedure for the second ordinance--1324. DiBartolomeo said Farley brought it to him from the Traffic Commission. He thought it would be easier to eliminate the original ordinance and create a new one; second ordinance becomes mute if 1323 is not passed.

Moore explained the person with this request has 6-7 parking areas on his property; the request would make the area dangerous. Councilmember Mitchell had examined the area, saying to park a car there to slow traffic is hazardous than leaving it a no parking zone. Mitchell had parked his own car there. Councilmember Ash examined the area by Moore's request. He asked if the person whose made the request is the same one whose house went for sale this month. Moore responded yes. A roll call vote was taken with a yes is in favor, a no is opposed:

Councilmember Ash No

Councilmember Kondik No

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell No

Councilmember Moore No

The ordinance failed by a 2-4 vote.

DiBartolomeo said this ordinance was a subset of the next one, suggesting the next ordinance for Hindman Lane be withdrawn.

Harris entertained a motion for the ordinance. A motion was made by Councilmember Cline. Councilmember Moore second the motion. Council informed him that he did not have to do this. Moore withdrew his motion. The ordinance failed for a lack of a second.

A motion was made by Councilmember Fletcher, second by Councilmember Cline to adopt a resolution to authorize application for the West Virginia Legislative Digest Funds for the Weirton Transit Corp. in the amount of $10,000. Councilmember Ash said the city discussed in the past about being a conduit for the Transit; when the Transit gets sued, the city does too. He thought the city wasn't going to do it anymore. Harris wasn't sure the city could get away from it, explaining the money has to pass through the city. Ash said he would go along with it if the city isn't going to stop the practice, saying he wanted to make it clear that its been discussed in the past. This passed 6-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Moore to adopt a resolution authorizing 2002 per capita contribution to the Brooke-Hancock-Jefferson Metropolitan Planning Commission in the amount of $3,561.96. Councilmember Ash asked if its based on the 1990 census or 2000. Joe Cicchirillo responded 1990 census. This passed 6-0, so ordered.

John Brown, executive director for BHJ explained there's no cost; it impacts ward 4, 1 & 6 with small portions being in 1 & 6; it's a competitive application process and not a federal zone application; its easier for applications. He explained the renewal program was found to be better because of cost, time and production; its also an employee-employer program with salary reduction and incentives. He said the government defined the areas as available and by per capita income--3,500 will be affected; a tax credit program. Brown explained to Councilmember Moore that the Colliers-Steel area wasn't listed because its not in the census tract and eligibility was based on per capita income and unemployment. Brown responded to Councilmember Ash ward 4 has 2,300. Ash asked if something similar had been done before. Brown said in 1994 there was round one and round two in 1998 but cash was involved. Ash said Steubenville and Jefferson County areas benefitted in 1994 than Weirton. Brown explained they were in the final five zones chosen in round two but the odd ones out. Ash asked about even distribution based on the most need. Brown said its first come, first serve and a tax deduction for being a new employee is $1500; anyone can qualify; federal zones weren't done because there would only be seven this year.

A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to adopt a resolution to enter into cooperative agreement with Steubenville to submit application for achievement of renewal community status through the united states dept. of housing and urban development (HUD.) This passed 6-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Mitchell to adopt a resolution to place liens against real properties for costs incurred in demolition of unsafe properties, being Joyce Manteau, 119 Church Street in the lien amount of $7,800. This passed 6-0, so ordered. Cline asked DiBartolomeo about court action to put it for sale because of the resale value, noting the city has other liens for demolitions. He said buyers are interested in this property. DiBartolomeo thought it worth a try to get some of the city's money back. Councilmember Fletcher suggested recording it quickly because of the marketability, saying if not filed within a month, something might start.

A motion was made by Councilmember Kondik, second by Councilmember Moore to adopt a resolution to accept the intergovernmental agreement with the Hancock County Commissioners for video lottery funds in the amount of $350,000. This passed 6-0, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Moore for an ordinance to establish four feet of no parking from both sides of the driveway at 152 Beverly Avenue. This passed 6-0, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Moore for an ordinance to establish five feet of no parking from both sides of the driveway at 144 Beverly Avenue. This passed 6-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Moore for an ordinance to establish a stop sign on the west side of Hanlin Way at the intersection of Hanlin ay and Beaumont Drive. This passed 6-0, so ordered.

Harris said he wanted to move onto the next agenda item before going into an Executive Session.

Karen Bryan (per Councilmember Fletcher)

A motion was made by Councilmember Fletcher, second by Councilmember Ash to reappoint Karen Bryan, 108 Darby Court for a term of 7-1-2001 - 6-30-2004. This passed 6-0, so ordered.

Nora Coleman (per Councilmember Cline)

A motion was made by Councilmember Cline, second by Councilmember Moore to reappoint Nora Coleman, 101 Pikeview Road for a term of 7-1-2001 - 6-30-2004. This passed 6-0, so ordered.

Scott Douglas (per Councilmember Ash)

A motion was made by Councilmember Ash, second by Councilmember Kondik to appoint Scott Douglas, 3513 Williams Drive for a term of 7-1-2001 - 6-30-2004. This passed 6-0, so ordered.

Janet Sloan (per Councilmember Ash)

A motion was made by Councilmember Ash, second by Councilmember Kondik to appoint Janet Sloan, 144 Beverly Avenue for a term of 7-1-2001 - 6-30-2004. This passed 6-0, so ordered.

Pastor David Fink (per Councilmember Ash)

A motion was made by Councilmember Ash, second by Councilmember Fletcher to appoint David Fink, First Baptist Church, Homewood Avenue, for a term of 7-1-2001 - 6-30-2004. This passed 6-0, so ordered.

Harris said Kathy Brown filled out an application but turned it in late; council has copies of it.

A motion was made by Councilmember Ash, second by Moore to appoint Kathy Brown for a term of 7-1-2001-6-30-2004. This passed 6-0, so ordered.

Councilmember Kondik commended Chief Fletcher and the animal control officer for quickly removing a dead deer from a household within 48 hours.

Councilmember Ash asked if the city gained access to the buildings. Chief Cole explained all keys were received from Co. #2, the front door keys from Co. #3 and Co. #1. Ash asked if the policy sent to council was enforced. Cole responded it was a draft. Councilmember Cline explained it was for council's comment; next, there would be a workshop for an ordinance to give the Chief power. He said the SOP's are enforced but the discipline rules need reviewed. He explained to Councilmember Fletcher the code states council would approve the rules.

Ash asked for the city's stance regarding the attorney Galloway's letters. Cicchirillo explained meeting on Wednesday with Co. #3; he and Chief Cole will get input from the other chiefs for the SOP's. Ash suggested being careful with word terminology (chiefs), explaining council would probably agree there's one chief; the volunteers would feel they have the same power. Councilmember Mitchell asked if the city charter allows for battalion chiefs. Cline said council and the dept. administrator structure battalion chiefs but it doesn't address them as anything. Harris said council makes the final decision; Cicchirillo's efforts are appreciated but its been done before and unless there's a recognition of who runs the fire dept for the city, council will decide. He hoped for a resolution from the meetings and council workshops, explaining council and the volunteers have been through it before. Mitchell wanted to be notified of meetings.

Harris commended an excellent job on the city paving. Councilmember Moore asked if anyone complained about some areas on Main Street. Harris said a different type of asphalt was used because of the trucks using Main Street. He said the state highways have stated the rutting occurred because of the trucks and without a top coat, it wouldn't occur anymore. Harris said he, Councilmember Cline and others think it looks like an industrial road. Harris said its not presentable and he would never accept it for Main Street nor should the state accept it as a state route 2. He said he's spoken with Senator Bowman, and other representatives; Cline has called Sen. McKenzie. He said Weirton Steel had agreed to incur some of the cost of rutting, however, he received a copy of a letter sent to Dan Sikora that Weirton Steel wasn't happy with the road because some areas might get moisture and crack.

Councilmember Mitchell heard complaints that the entrances to the sidewalks at the handicap parking spots have built up black top. He asked about removal. Bryant said the city can make the request to the state. Mitchell would discuss two areas with Bryant later.

Cline explained it's a concern that the city wasn't notified of the change in paving and had thought there would be another layer. He requested Cicchirillo communicate it by letter to the state dept. of highways. Cicchirillo said he discussed it over the phone but Cline explained it's an overall problem.

A motion was made by Councilmember Kondik, second by Councilmember Mitchell to approve the administrative reports, treasurer's report and to pay the general fund bills. This passed 6-0, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Moore to convene as requested by the city manager into an executive session consistent with WV Code 6-9-A-4 to discuss personnel matters and possible litigation. Councilmember Cline said he understands when they return, there won't be any votes on anything. This passed 6-0, so ordered.

Council reconvened at 8:55 p.m.

With no further business before this, the August 13, 2001 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:55 p.m.

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