A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on September 10, 2001 at 7:00 p.m. in Council's Chamber of the Municipal Building.

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

City officials in attendance: Ric Rekowski, A.D. Mastrantoni, Terry Weigel, Valerie Means, Joe Cicchirillo, William Fahey, Chief Fletcher, Chief Cole, Brae Bryant and Dan Mastrantoni.

Mayor Dean M. Harris led the Pledge of Allegiance.

A motion was made by Councilmember Kondik, second by Councilmember Cline to approve the minutes of the August 13, 2001 Regular Session and the August 23, 2001 Special Session. This passed 7-0, so ordered.

Harris read the proclamation. It stated the City Fire Dept. joined with the International Assoc. of fire chiefs and Energizer brand batteries to remind citizens to change their smoke alarm batteries when the time on the clocks are changed. He gave the proclamation to Chief Cole.

Harris presented and read a second proclamation. It stated an escape plan for house fires could save lives; October 7-13th is fire prevention week and the month of October, fire prevention month. He asked Cole to explain. Cole explained the dept. has won safety awards over the last three years; 2,000-3,000 children and adults are reached through education, speaking at schools about fire prevention safety. He said changing the battery on smoke alarms when changing the time on the clocks saves lives.

Joe Cicchirillo said he passed out information about the E911 central dispatch; Hancock County Commissioners sent a letter regarding a fee associated with the study. He said he requested a study by both counties to determine the feasibility for one central dispatch for both counties and Weirton. He announced a meeting in room 201 at 2:30 p.m. on Sept. 14^th with county commissioners to discuss E911 and central dispatch. Harris asked if its with both counties. Cicchirillo responded it was also given to Brooke County.

Councilmember Moore requested to reserve his comments until later.

Cicchirillo explained an economic summit was requested to be held in the future to discuss the development of Weirton. He said council was given the information.

Brae Bryant informed Fall Clean-up will be Oct 15-19th. White goods is Oct. 12^th. Councilmember Mitchell asked about re-advertising. Bryant said it would be advertised once or twice this month and next month.

Cicchirillo announced a council workshop Sept. 17^th at 4 p.m. to discuss right of ways and alley abandonments.

He informed the next regular council meeting falls on Columbus Day, thus the meeting would be held on Tuesday.

Councilmember Cline explained attending an economic development summit.

He said on Aug. 30^th he attended a public hearing, representing himself since he didn't have council's consensus. He pointed out council received what he had presented at the hearing on the amendment. He explained the PSC collects off the wireless 911 fee throughout the state; its allocated by the number of lines in each county. He said there is equipment needed to trace the radio signals off the towers to the location; funds will be put away until the equipment can be bought. He said a special state-wide task force felt the fees would be enough to cover the cost. He said Brooke County today has received over $98,000 in fees with 12,100 lines and 1,960 of it are in Weirton--16%. He said Weirton received none of those dollars to fund the peace ap.; a share of it belongs to the city, saying he presented this request on record with Brooke County Commissioners. He believed the city, on behalf of its Brooke County residents, should send a letter making the request to Brooke County for the wireless 911 funds and they establish a special equipment fund required on 911 fees. He requested Cicchirillo write the letter to the Commission. He said if Brooke County chooses not to fund the city, they need to respond in writing and they can present it elsewhere to get the money.

Harris suggested amending the agenda under New Business and adding the item. Councilmember Moore asked if it would have to be taken to court if they choose not to give any funds. Cline wasn't sure, saying the legislature, PSC intent was those dollars are to be allocated for the service of those wireless customers, saying Weirton isn't serviced by those fees. He said something might be worked out once the letter is written.

Councilmember Ash said he would propose at the next council meeting to adopt WV 6-13-1 which gives preference rating to veteran's and WV 15-1f-1 which gives preference for pay when on duty, drills, parades or active duty. He stated he would submit it Joe DiBartolomeo for the next meeting.

Councilmember Minella received a letter from a resident that he and Councilmember Fletcher share, saying the person commended the paving work done and the public works director.

Robin Johnson, 942 Crawford Avenue, distributed information packets to council. She said her and Jeannette Amerdes have concerns about a piece of property that was state redeemed and held for taxes; it had a lien on it and a three car garage with a sign not to park in front of the driveway. She explained they sent a letter to the WV Ethics Commission. She stated having court documentation, certified receipts, newspaper announcements and liens. She said in October of 1997, Councilmember Ash stated the people need to know, saying she felt the same way. She said their letter is in reference to Councilmember Ash, Ward 4. She read the letter: It stated Ash expressed concern with a piece of property being an eyesore, rodent- infested and it needed demolished. She said he repeatedly brought up the issue, saying it was his main interest. She said the property has been state redeemed, demolished with general funds for $4,432 its not been paid back; she said the land was bought for back taxes and three car garage built on it; the signs across the street not to block the garage were put by the city; Ash is the owner. She said it seemed like personal gain. She said the house fit the violations, was state redeemed due to back taxes of $125.00, was torn down by the city and a lien placed against it. She continued, saying an ad was placed in the Hancock County Courier in regard to purchasing the property, it was purchased by Ash, a three-car garage built there and signs posted across the street not to park in front of it, its next door to Ash and still has a demolition lien owed on it. She said the spending freeze at that time was lifted. She asked someone to tell her if she's wrong.

Councilmember Cline explained that council isn't a court of law, the recourse should be to give it to the city attorney; council isn't in a position to discuss it. Johnson commented senior citizens and poverty stricken people have had demolition liens placed on their property and would like to have their money back.

Councilmember Ash requested she and Amerdes sign the letters. They signed it. Ash said other Councilmembers brought it up many times and it comes back that it's a farce. Johnson asked if they had noticed there was a spending freeze. Ash said he wouldn't argue with her. He explained he took out the yellow line, saying he requested council remove it and the sign. He said it was removed. He called it a joke. Johnson said $4,432 is not a joke.

Harris said Cline is correct. He told her she took the proper recourse to give it to the ethic's commission. He said its best for the commission and city attorney hash it out. Johnson its been on-going and nothing has been done. She said she heard the spending freeze was lifted so this property could be taken care of. Johnson responded to Ash that the name is anonymous.

Vince Oliver, 117 Heights Street discussed speeding and traffic on his street. He requested police patrol, saying it helped last year but not everyone has slowed down. Oliver said the parents and teachers are speeding; the kids have slowed down. He said it starts at 6:30 a.m. through 9 a.m. and starts again at 2:30 p.m. through 6 p.m.

He also discussed that the Weirton Daily Times throws their newspapers on Saturday morning and they lie on the roads and sidewalks, saying no one reads them; the papers lay on the road and continue to blow across the street. He said he has discussed with the city manager that the city is in a financial crunch. He asked how they could afford to spend $3500 on flowers for Main Street and pay people $20 an hour to water them. He said main Street only has bars and strip joints. Councilmember Kondik said he works on Main Street and it enhances the downtown and looks nice. He also said it looks nice when the business owners sweep their sidewalks. Oliver asked why the business owners don't pay for them if they want the flowers. Harris said he knew this complaint was coming, saying its an effort to beautify and change the city; it's the first complaint and stated he wasn't surprised it came from Oliver. He said when he saw the senior center and those at the old Stone and Thomas building sweeping their sidewalks, it gives the kind of image they want to convey. He said they've taken the lead.

Kondik didn't care how much it cost to have someone water the flower, saying it looks nice. Oliver said he understood the Chamber wanted the flowers but they refused to water them. Kondik said Iannetti's donated the flowers last year. Harris said Iannetti's worked on the flowers; the Chamber never refused to do anything as far as the flowers are concerned. He said he would like to see the business owners to water the flowers but the city will do what it can to change the city. He said if Oliver doesn't want to be a part of it, then he can stay on Weirton Heights because the bars and strip joints don't need Oliver.

Oliver said the people are taxed to death and he's paying a fee that he isn't getting serviced for. Harris asked Oliver if he's getting a service. Oliver said no he isn't. Harris said Oliver's street has gotten service for the last three weeks; there's been radar there on his street and its more than what has been run on the mayor's street for the last three years.

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

A motion was made by Councilmember Ash, second by Councilmember Moore to authorize Ordinance 1323 to establish five feet of no parking from both sides of the driveway at 144 Beverly Avenue. Councilmember Cline said its been brought to his attention the Traffic Commission intended a 90 day trial. Ash commented liking the flowers on Main Street. He said it's the first time in 10 years that he's heard of a trial basis and it would have to be looked at again in 90 days. He said if he gets complaints and it causes problems, he will take it out. Ash said the people requested 10 feet, the Commission granted five; the people can't enter and exit their driveway. He preferred not to amend it. Harris said council can make note of the 90 days. This passed 7-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Ash to authorize Ordinance 1324 to establish a stop sign on the west side of Hanlin Way at the intersection of Hanlin Way and Beaumont Drive. This passed 7-0, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Moore to authorize Ordinance 1325 to establish four feet of no parking from both sides of the driveway at 152 Beverly Avenue. Ash said it would be the same situation as the other issue. This passed 7-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Ash to adopt a resolution to authorize application for $10,000 for West Virginia Digest Funds for Weirton Volunteer Fire Dept. Company #2 for the purchase of dive equipment for the River Rescue Team. Councilmember Cline asked it be denied based on it hasn't gone through Chief Cole nor the planning process. He expressed concern, saying he's never heard about it in the city's organization, saying he's concerned with the contract. He expressed concern with using digest money that could be used for other areas in the city for economic growth. Kondik said the $10,000 Comp. #2 requested is a small amount of the digest money. Chief Cole responded he was made aware a little than a year ago that they were thinking of applying for a grant for a dive team but he believed the date had passed for when they were eligible for the money. He said the second time he was made aware was after it had been received. He said city fire dept., any grant request comes to council. He said Kevin Himmelrick was present to discuss it from Comp. #2. Himmelrick said more than a year ago they tried to getting into river rescue; he said they do have a river rescue team recognized by the city fire dept. and council signed that #2 would agree to use the boat for the city. He said when he spoke to Senator Bowman, he was looking for any available old boats but was told there wasn't any. He said Bowman told him since #2 has never asked for money, he would get them money for the following year. He said after they applied for the grant over a year ago, it was said they needed to go through council.

Councilmember Mitchell asked if the river rescue team is actually part of Weirton. Himmelrick said yes, the paid dept. do have the equipment but aren't trained yet; there's policies on how the team runs. Ash said he had assumed that the fire chief approved it before it came to the floor. Cole said no he did not approve for the grant. Ash asked if the resolution was approved to come to council. Cole said he did not approve it.

Councilmember Fletcher asked if the team is part of the fire dept, liability coverage--a city function. Cole said he couldn't respond simply, that #2 is part of his dept. and they assume liability and its being sorted out. He said they are in the process of training people; the boat belongs to #2, saying they became aware through Himmelrick that when they become trained, they can use it but its never come before council.

Kondik said if they're in the process of training, wouldn't it be feasible to take the money. Cole said its council's decision. He said he's requested a river rescue boat for a period of 10 years, but never received it. He said #2 went through channels to get the boat.

Harris asked Himmelrick if it was to accept the $10,000. The answer was yes. Councilmember Moore asked who provides river rescue and if another city assists. Cole said up until the purchase of the boat, most of the river is in the city limits; they have no rescue equipment and call on mutual aid for assistance.

Cline said the letter in the packet states "city of Weirton" but council never voted and the dept never authorized it. He said council's priority has to be toward economic development, job creation and river rescue. He said someone represented the city without council's authorization. A roll call vote was taken with a yes is in favor, a no is opposed of the resolution:

Councilmember Kondik Yes

Councilmember Cline No

Councilmember Fletcher No

Councilmember Mitchell No

Councilmember Minella No

Councilmember Moore No

Councilmember Ash No

The resolution failed by a 1-6 vote, so ordered.

Based on the City Manager's recommendation, trick or treat would be established for October 31, 2001 between 5:30 p.m. - 7:30 p.m. Councilmember Cline stated he didn't think it needed a vote. Harris said to communicate with Steubenville, Follansbee and the other cities to coordinate

Harris stated he was asked to move this item to the end of the agenda. He said William Fahey is representing the city attorney and will make comments based on the WV Ethics Commission regarding himself and four other Councilmembers. Councilmember Ash said Fahey is a good attorney but he was hired for the service fee which is over. Ash asked who is paying for Fahey. Cicchirillo said he requested Fahey to be present because of the issue with the ethics commission, to interpret it. Cicchirillo said the city is paying for him. Ash said its without authorization. Harris said authorization isn't needed. Councilmember Fletcher said its under $500 and the city manager can make that decision. Fahey then offered to be here as a going away present for the city.

Harris said Cline had requested an item be added: that the city manager make a written request on behalf of Brooke County residents of Weirton to Brooke County Commission to provide wireless E911 funding to the Weirton PSAP. A motion was made by Councilmember Fletcher, second by Councilmember Moore to amend the agenda to add Councilmember Cline's request for a resolution. Councilmember Mitchell asked if it should be extended to Hancock County. Cline said Brooke County had held a public hearing to amend the service fee, saying it was an opportunity to go on the record. He said he's requested Cicchirillo get it from Hancock County but they haven't received it yet. The motions to amend the agenda passed 7-0.

A motion was made by Councilmember Mitchell, second by Councilmember Fletcher to adopt the resolution asking the City Manager to make written request to Brooke County commission to provide wireless E911 funding to Weirton PSAP and the Brooke County Commission establish the required x and y equipment fund and deposit required wireless fees into the fund. This passed 7-0, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Fletcher to adopt a resolution to enter into agreement for the wings computer learning center to purchase five computers and software in the amount of $6,614.40 from the agreement from BOC. Councilmember Kondik commended Mitchell for spending the funds on good things for the center. This passed 7-0, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Fletcher to adopt a resolution to place a lien against real properties for costs incurred in demolition of unsafe properties: Mary Palumbo, 1022 Third Street in the amount of $3,625.00. Councilmember Fletcher said he had requested last month the lien be recorded quickly. Harris said he signed it immediately. Melissa Farley said it was done. Fletcher said he wanted to see them recorded quickly. Farley said it takes the county about a week or week and a half to get it recorded and return it. This passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution to enter into contract with Cattrell Companies, Inc., 906 Franklin Street, Toronto, Ohio in the amount of $1,515. for installation of automatic discharge air controls for Weirton City Building heating and cooling unit. Cicchirillo explained when the air is running, several offices have space heaters because its too cold; the thermostat would control it and he can control the electricity. This passed 7-0, so ordered.

William Fahey stated he was advising on the technical issue, explaining that in other aspects he is in litigation with Weirton Steel and didn't want to render any advice in that respect. He said he is a late substitute since the afternoon for this issue. He explained the WV Ethics Commission gave an opinion addressing whether or not any WS employees or retirees could vote on relief being requested by WS. He didn't draft the letter which requested this opinion, saying there's assumptions and conclusions which he hasn't verified. He didn't know if the terminology was correct and if it influenced the commissions opinion which is an advisory opinion, not binding, but it suggests the Councilmembers shouldn't vote, be present in the room and shouldn't participate in any discussions on the issue being requested by WS. Harris asked if its Fahey interpretation that the four Councilmembers and mayor should leave during discussion and not take any action. Fahey said its his opinion they would be acting at their own peril if the information in the letter is accurate. He said he didn't know the accuracy of the letter. Harris said the description of the facts are incorrect. He said the word "significant" and treating the city of Weirton as being a "significant" part of the problem with WS and their plans to re-organize is an incorrect statement. He believe the commission ruled properly based on the statement but at the same time, its in council's best interest to follow Fahey's wishes and leave the room.

Harris explained that the City Clerk will assume the role of the mayor. He called on Farley.

Councilmember Cline explained being upset when he read this in the Charleston paper. He said they were upset about the letter that was sent and receiving a copy later. He said the Charleston paper reported "a city council" but the city never authorized the letter. He said someone with a concern can ask for an opinion but the person should be named and sign the letter. He said the last sentence of the letter causes the greatest concern and it might have been stricken from the request--it implied that any decision from council had the edge of bankruptcy involved but that's not the case. He said the commission ruled on the information given to them. He explained this puts council in a position where the majority isn't in the room to discuss the important issues that involve the city and the company they work for. He said he would honor Fahey's opinion.

Harris explained this opinion has been rendered before when he was on council; there were three members who were active with WS but the decision was made on another set of facts. He said he would think the commission would reverse the ruling based on facts that a large employer employs a number of people who serve on council, boards of education, county commission, legislators. He said Councilmembers Cline, an active employee like himself; Mitchell, Minella and Moore retirees of WS and based on the attorney's opinion, they should leave the room. Harris made this request. Councilmember Minella asked Fahey what would happen to the quorum if they lave the room. Fahey explained there's a statute that if there was a quorum to start the meeting, the quorum remains. Cline said the revision is not just on this issue but on cutting some expenditures. The four Councilmembers and Harris exited the room. Farley temporarily replaced the mayor.

A motion was made by Councilmember Ash, second by Councilmember Fletcher to adopt a resolution to authorize revisions to the 2001-2001 General Fund Budget. Councilmember Kondik said the letter to the ethics commission on behalf of the city council isn't true. He read the last sentence of the letter which stated it was suggested by WS that if the city doesn't grant the waiver, WS would be forced into bankruptcy. Kondik said in the last six years with the discussions with WS and the in lieu of, such a statement has never been made. Fletcher explained three concerns with the letter, saying it was sent by the city attorney and alluded that it represented council's interest for determination but that's not correct; council didn't authorize the letter on its behalf and council never discussed it in a workshop or executive session. He said it lacked important information for the commission to make a determination--some statements are ambiguous and misleading. He said he was dissatisfied with the quality of the letter. He asked Cicchirillo to review and take more active role in what the city solicitor is doing on behalf of council and make sure the city solicitor understands. He said the city has asked to be a part of and provide assistance to the restructuring of WS and the revision is something that can be done, saying he supports it. He expressed concern with the ramifications of the commission's conclusion, saying they dealt with the hand given to them.

Ash said he requested the attorney write the letter, saying he had spoken with Cicchirillo about ti prior to speaking with DiBartolomeo. He said the city administration knew about it. He said he doesn't oppose doing this but hoped consideration would be given to anyone who can't pay the municipal fee and asks for assistance. He explained receiving a copy of the letter the same time as council. He explained DiBartolomeo understood what he was requesting. He said the letter had more detail in it than he requested. He said as afar as where the facts came from, he has some letters from Cicchirillo and minutes. He said he's heard some before and some he hasn't. Fletcher didn't think DiBartolomeo posed the question as best as he knows DiBartolomeo can, saying he hoped Ash didn't think he found fault with the question.

Kondik said it's a travesty because the four Councilmembers were elected to represent their constituents.

Cicchirillo said the recommendations before council were based upon meetings with the finance director and himself with WS. He stated not seeing a copy of their budgets; they came to the city and explained they wanted to restructure outside of Chapter 11. He said council received minutes to be aware of WS and its cash flow. He explained giving two recommendations and had recommended the second option, saying money was needed for the fire dept and the thermostat for the city building. He said it also included the city giving some assistance to WS but its not a method of WS staying out of Chapter 11 but merely a support, saying the city should support its main industry in its time of need.

Ash said he's been here for 10 years and when council reviews budgets, the emphasis is to bring new revenue and not to make cuts where necessary. He commended Cicchirillo for commenting on needing revenue but looking at cuts. He said last month they had to come up with $1,056,000 and this month $363,579.

Fletcher agreed Cicchirillo and the dept. heads have done an outstanding job. He said there's talk of the million carry over; the municipal fee was in litigation and budgets were held tight, creating the carry-over.

Fahey responded to Farley that the four Councilmembers would be listed as abstaining. Ash explained to Kondik that he motioned to accept B--the one that was on the agenda. Fahey said it may need amended because it only anticipates a reduction in revenue and a reduction in expenditures; the contract may need amended to reflect whatever period of time. Kondik asked if this could be done at the next meeting with the in lieu of with WS. Cicchirillo wanted to do an adjustment on the agreement and bring it to the council for the October meeting. A roll call vote was taken on the resolution with a yes is in favor and a no is opposed:

Councilmember Fletcher Yes

Councilmember Mitchell Abstain

Councilmember Minella Abstain

Councilmember Moore Abstain

Councilmember Ash Yes

Councilmember Kondik Yes

Councilmember Cline Abstain

The resolution passed by a 3-0 vote, so ordered.

Farley stepped down to bring Harris and the four Councilmembers back into the room

Harris presided over the meeting again at 8:15 p.m.

HUMAN RELATIONS COMMISSION

A motion was made by Councilmember Kondik, second by Councilmember Ash to appoint Frank Bohach, 4129 Brightway to the Human Relations Commission (per Councilmember Kondik) for a term of 7/1/2001 - 6/30/2004. This passed 7-0, so ordered.

Councilmember Ash explained he has discussed and argued for Chief Cole's cause to be in charge, saying the city agrees. Ash said he's asked for other things in writing to get the issue resolved with the volunteer and paid depts. He said he's stated he wouldn't deal with it anymore if it wasn't resolved by the end of August. He said he would no longer comment about it at council meetings, workshops or anywhere; he stated he wouldn't deal with it anymore. Councilmember Cline explained he had asked for council to have a workshop after Cicchirillo completes his meetings with the volunteers and the dept. puts together a final document. Councilmember Moore commented he would like to address his remarks at this time. He explained reviewing invoices, saying the city still buys out of town instead of locally. He said they should try to buy everything locally or in Steubenville. He explained a shredder was bought for $189.00 when they can be bought at WalMart between $39.99-$49.99, saying he himself bought one for $39.99. He didn't understand why the city had to buy such an expensive shredder, commenting that the city also bought a $12 pair of scissors. He said the city can't continue wasting money, saying the federal government wastes money and so does the city. He said it should be stopped. Harris said he would assume this has something to do with the fire dept. and that Moore has probably discussed it with Chief Cole. Moore said he did not. Cole requested to comment, saying the dept. bought the shredder because offices were switched and crucial documents from lawsuits needed shredded. He explained a fireman brought his own shredder but it only lasted a day. Cole explained the shredder they needed was available in Steubenville. He explained prices and products were compared and done on the directive of the previous city manager (A.D. Mastrantoni) Cole explained they've spent probably $75 on cheap scissors that never lasted whereas the $12 scissors will last for five or 10 years. Moore said it was bought in Chicago. Cole said they priced checked with catalogs and local stores; they will buy wherever its cheaper, however, he stated they would make all their purchases no matter what the cost, in Weirton if it is council's wish.

Harris said the report was given prior to the meeting. Terry Weigel announced Fall Fest begins Saturday at Marland Heights; preparations have begun for Ghouls in the Pool. He explained the applied for grant funding for advertising monies, hoping to receive $2500.

Harris said Gene DelGreco is no longer working for the city; Cicchirillo has advertised for the position, receiving only one resume. He said they will come to council with a plan to rethink hiring someone. Harris explained they might need to contract outside the city, saying Cicchirillo has taken on many roles of this position.

Councilmember Cline commented on the job well done on Power House, saying many weeds were hand trimmed around the guard rails. He encouraged residents to help trim around telephone poles, saying the city's manpower is limited and its hard to trim this while getting other work done.

A motion was made by Councilmember Minella, second by Councilmember Mitchell to approve the Administrative Reports, Treasurer's Report and to pay the General Fund bills. This passed 7-0, so ordered.

With no further business before this, the September 10, 2001 Regular Session of the Common Council of the city of Weirton, the meeting was adjourned at 8:28 p.m.

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