A regular session of the Common Council of the City of Weirton, Brooke and Hancock Counties, West Virginia, was held at 7:00 p.m. on Monday, September 9, 2002, in the Council Chambers of the City Building, with Mayor Dean M. Harris presiding.

Councilmembers in attendance were Charlie Mitchell, D.J. Minella, John Moore, George Ash, George Kondik, Dave Cline, and Chris Fletcher. City officials in attendance were Joseph Cicchirillo, Valerie Means, William Fahey, Chief Mike Gordon, Chief Kessler Cole, Rod Rosnick, Denise Allen, John Brown, Rik Rekowski, and Karen Orler.

Mayor Harris led the Pledge of Allegiance.

It was moved by Councilman Ash and seconded by Councilman Moore to approve the minutes from the regular session on August 12, 2002, and the special session on August 26, 2002; this passed unanimously.

Mayor Harris presented an award to Benjamin Criss, who just earned his Eagle Scout.

Mayor Harris read a proclamation to be presented to John Good, Commander of the American Legion, to memorialize the September 11 tragedy. This will be presented to Mr. Good at the memorial service to be held on September 11 at the Weirton Steel grounds.

Councilman Fletcher advised, in reference to last month's Council meeting discussion of Valley Way, that he had sent a survey to the residents of Valley Way to determine their desires as to parking in the island area. He submitted the returned surveys to the City Clerk to be attached with the petitions that were presented by a Valley Way resident at the last regular Council meeting. He also submitted his report on the survey. The residents on the surveys felt that the island area should remain open for parking; however, there were concerns about recreational type vehicles parking there. Councilman Fletcher advised that at the next meeting he will introduce an ordinance restricting parking of this type of vehicle there.

Councilman Mitchell advised that he had been receiving calls from citizens of the County Road area voicing their concerns about the County Road volunteer fire station. They were used to seeing this station being manned, especially during fires. The residents were concerned because it seems no one is there now. Mayor Harris advised that the volunteers are standing by at headquarters. Mayor Harris advised that as of now nothing has been received about the Judge's decision on the reorganization plan. The plan is ultimately to man the County Road station. Mayor Harris advised that there have been some busy days, and the mutual aid agreement is working as it is supposed to. Councilmember Mitchell advised that he felt the aid agreement is what sparked the calls, since units from out of town are responding to calls. Chief Cole advised that now staff is running two full-time on-duty crews with a back-up of volunteers. Before, staff was one engine and a volunteer back-up.

There were no citizens comments.

Councilman Minella advised that the Finance Committee at their meeting on September 5, 2002, approved items seven and nine.

Second Reading-Ordinance No. 1353: It was moved by Councilman Ash and seconded by Councilman Mitchell to approve at second reading Ordinance No. 1353, Amendment No. 599 to the traffic control map Ordinance No. 214, to rescind Ordinance No. 1221 which established a handicapped parking space at 3324 Orchard St. This passed unanimously, and so ordered.

Comments of Charles Pugh: Charles Pugh of the Northern Panhandle Conservation District, spoke on the Harmon Creek watershed issue, to thank Council for taking up the funding agreement to maintain the Harmon Creek dams. Funding is necessary for operation and maintenance, and the funding is cost sharing from the State and from local sponsors. He advised that these dams provide flooding protection. Mr. Pugh advised that presently the dams are in good shape, but they are reaching their life expectancy. He advised that the Federal government is not responsible for the rehabilitation of these dams; they have mandated that this be done, but they have not funded this program. Councilman Moore asked if a dam in Pennsylvania was under this; Mr. Pugh advised not if it is in Pennsylvania. Councilman Cline asked if the City of Weirton is the sole sponsor. Mr. Pugh advised the partnership involves the City, the State, and the conservation district. Councilman Cline asked about requesting funding from the County Commission. Mr. Pugh felt there would not be a problem with this, depending on which County the dams are in.

Second Reading-Ordinance No. 1354: It was moved by Councilman Kondik and seconded by Councilman Cline to approve at second reading Ordinance No. 1354, and ordinance to amend and re-enact a Police and Fire Service Fee for the City of Weirton. Mr. Moore asked about Section II.C. of this Ordinance, which dealt with imposing on vehicles a fee; Mayor Harris advised that if Council ever wants to do this, the section is in place. Councilman Ash asked about the court case. Mr. Fahey advised that it is before the State Supreme Court and that oral arguments will be made in October. The motion passed on a 5-2 vote, with the no votes being cast by Councilmembers Ash and Moore.

Resolution Recognizing Mayor Harris for His Efforts as President of Municipal League's Board of Directors: It was moved by Councilman Fletcher and seconded by Councilman Moore to approve this Resolution. Mayor Harris voiced his appreciation and spoke about what he and the League have been trying to do as to funding for cities with the legislature. He also talked about Mayors Andochick, Mentzer, and Bowman who also served in this capacity with the League. The Resolution passed unanimously.

Resolution Authorizing Application and Acceptance for WV Legislative Digest Funds-Weirton Baseball Association: It was moved by Councilman Kondik and seconded by Councilman Minella to approve this resolution authorizing the City Manager to make application for $20,000 in Legislative Digest Funds for the construction of a restroom facility at the Weirton Little League Fields. The Mayor advised that now these funds have to be channeled through local government. This passed unanimously.

Resolution Authorizing Application and Acceptance for WV Legislative Digest Funds-Boys and Girls Club of Weirton: It was moved by Councilman Cline and seconded by Councilman Minella to approve this resolution authorizing the City Manager to make application for $10,000 in Legislative Digest Funds for the purchase of new equipment for the Boys and Girls Club of Weirton; this passed unanimously.

Resolution Authorizing Application and Acceptance for WV Legislative Digest Funds-Weirton Steel Chorus: It was moved by Councilman Minella and seconded by Councilman Mitchell to approve this resolution authorizing the City Manager to make application for $5,000 in Legislative Digest Funds for the purchase of new equipment for the Weirton Steel Chorus; this passed unanimously.

Setting Date for HalloweenTrick-or-Treat: Council agreed to set October 31 between the hours of 5:00 p.m. and 7:00 p.m. for Trick-or-Treat.

First Reading-Ordinance Providing for Charter Amendments, Amending Nominations and Elections: Mayor Harris advised that he had asked the City Manager to pull this item from the agenda; he has some questions about this Ordinance, and he wants to consult with Atty. Gaudio. Councilman Cline asked about having a special Council meeting for this Ordinance when the questions are resolved; he also asked for a hand-out explaining the procedure for the charter amendment and the public hearing; he also advised that he could not find in the Charter that the Council vote on such an issue had to be unanimous. Councilman Fletcher also asked that this come through the City Solicitor's office.

Resolution to Enter in Agreement for Operation, Maintenance, and Repair Cost Share Program for Harmon Creek Watershed Structures: It was moved by Councilman Minella and seconded by Councilman Fletcher to approve this Resolution authorizing the City Manager to enter into agreement with the WVSCA and the NPSCD for $30,000 for this program; this passed unanimously.

Resolution the City to Collaborate with Hancock County Commission, Hancock County Assessor's Office, City of New Cumberland, and GIS Mapping to Develop a Pre-Disaster Hazard Mitigation Plan Approved by FEMA: It was moved by all members of Council and seconded by Councilman Ash to approve this resolution. Councilman Fletcher asked if the GIS Mapping is an entity. Chief Gordon advised that this is Dan Tassey's agency within the Hancock County Commission. The Council asked if the plan has yet been drafted; Mr. Cicchirillo advised not to his knowledge. Councilman Fletcher did not want to pass this without first seeing the plan; he moved to amend this Resolution to strike the last paragraph, which advises "that the City of Weirton agrees to adopt the completed multi-jurisdictional plan upon approval by FEMA." This motion was seconded by Councilman Minella. This passed unanimously.

Councilman Cline stated he thought the Office of Emergency Services was in charge of disaster planning. Chief Gordon talked about pre-disaster planning mechanism; this is an initiative by government to allow communities to gain funding to have a plan without a presidential declaration of a disaster. Councilman Cline asked if there is any conflict with Brooke County. Chief Gordon advised that Emergency Services advise that the community can choose which County to work with, and it will apply to the entire City limits. However, the City must adopt the plan after FEMA approves it. There is no problem with Council reviewing the plan before it is sent to FEMA; however, a pre-plan must be in place or the City cannot receive mitigation funding. Mayor Harris asked why Brooke County is not involved. Chief Gordon advised that the Office of Emergency Services is proceeding with their plan including Brooke County communities. It is just a matter of convenience in choosing to go with Hancock County primarily.

The Council passed the amended Resolution unanimously.

Resolution to Authorize Revisions to FY 2002-2003 General Fund and Coal Severance Budgets: It was moved by Councilman Minella and seconded by Councilman Kondik to approve this Resolution to approve the budget revisions. Councilman Moore asked about the change in the Council budget; Ms. Means advised that this involved Municipal League dues and the carry over of veterans monies and the Wink Program. Councilman Mitchell asked about the radar trailer for the Police. Chief Gordon advised that they intend to put the trailer in areas where speeding complaints have been received. The trailer also shows people what the limit is and how fast they were going. Once the trailer has been in use in an area for a while, cars with the radar units will be used to issue citations. Councilman Mitchell advised that he has seen very few radar citations being issued. Councilman Moore felt it would be more effective to have an officer using the radar in an area. Chief Gordon felt the radar trailer was an effective way to address the speeding concerns throughout the City. The life of the machine is three to five years, and using this is less expensive than an officer with radar. Councilman Minella agreed that the radar trailer would be a good deterrent, and also cuts down on overtime. Councilman Cline also supported this.

A roll call vote was held on the motion for the budget revision resolution. The results were as follows:

Councilman Mitchell - Yes

Councilman Minella - Yes

Councilman Moore - Yes

Councilman Ash - Yes

Councilman Kondik - Yes

Councilman Cline - Yes

Councilman Fletcher - Yes

The motion passed on a 7-0 vote.

Resolution Authorizing Program Update for Weirton's Home Funded First-Time Homebuyer Downpayment Assistance Program: It was moved by Councilman Ash and seconded by Councilman Fletcher to approve this resolution. Councilman Fletcher made a motion to amend section IV, part 4, to remove the parentheses and include "with HUD's Housing Standards (HQS)." This was seconded by Councilman Ash. This passed unanimously. The amended resolution passed unanimously.

Executive Section: City Manager requested Council to convene into executive session consistent with West Virginia Code §6-9-A-4 to discuss personnel and/or possible litigation. This motion was made by Councilman Fletcher and was seconded by Councilman Ash, and was passed unanimously. Council reconvened into regular session at 7:20 p.m.

Police: Councilman Moore asked Chief Gordon about the amount of false alarms received. Chief advised that many are weather related. He advised that his Administrative Assistant sends out notices and bills the various places after six alarms are received.

Library: Councilman Fletcher thanked Mr. Rekowski for the read aloud program. Mayor Harris also advised that some meetings would be held in the Library due to the City Building elevator being out of service for several weeks.

Public Works: Councilman Kondik asked Mr. Brown about getting the school zone lines painted. Mr. Brown advised that this will be done soon. Councilman Ash advised that he received a letter from a Mr. Miller commending the work done by Public Works on Brooke and Wells.

Ms. Means gave the Treasurer's Report. It was moved by Councilman Fletcher and seconded by Councilman Ash to accept the administrative reports, the treasurer's report, and to pay the General Fund bills; this passed unanimously.

With no further business before this September 2, 2002, regular session of the Weirton City Council, the meeting was adjourned after the closing prayer.

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