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Weirton City Council Regular Session A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on October 9, 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, Chief Ralph Fletcher, Rod Rosnick, A.D. Mastrantoni, Valerie Means, Dan Mastrantoni, Joe Cicchirillo, Joe DiBartolomeo, Melissa Farley, Brae Bryant and Beth Gaughn. Harris requested a moment of silence after the Pledge of Allegiance for the September 11, 2001 tragedy, saying council held its last meeting on September 10, 2001 as a free society, but on Sept. 11th, those who are jealous of such a society attempted to take it away. He said many innocent people lost their lives; men and women from our country and others are defending our right to meet. The moment of silence would be for those who lost their lives on Sept. 11th and those who are defending freedom. Mayor Dean M. Harris led the Pledge of Allegiance. A moment of silence was held for the Sept. 11th victims and those defending freedom. A motion was made by Councilmember Kondik, second by Councilmember Mitchell to approve the minutes of the September 10, 2001 Regular Session. This passed 7-0, so ordered. Harris read a proclamation for Oct 14-20, 2001, National Business Women's Week, urging residents to recognize their outstanding contribution to the community. A representative said its their 73rd anniversary of the National Business Women's week, thanking Harris and council for their support. She announced fund-raisers at the Weirton Medical Center on Oct. 13th and 20th. Harris read a proclamation for Catholic Daughters of America Organization; Weirton's group was founded in 1961. He proclaimed Oct. 21, 2001 Catholic Daughters of America Day. Helen Beaumont said the organization is religious, performing charity work for organizations and the community. Harris read a proclamation recognizing acts of kindness; Nov 7-14, 2001 as kindness week. Harris read a statement, saying citizens have heightened fear due to the terrorists attacks; council and the administration are responsible for providing the best and quickest response to the city's emergency situations. He said an accident occurred on Sept. 29th, 2001 between a city fire truck and Vol. Co. #2, leaving the trucks inoperable and creating an equipment shortage for fire service in the Weirton Heights area; engine 21 from Co. #2 is at the Gilson Avenue station; City of Follansbee pumper truck is protecting the Marland Heights area. Harris was disturbed by allegations, saying he's directed Chief Fletcher to investigate the incident up to the time the Follansbee fire truck became stationed; council will receive a completed report. Joe Cicchirillo said he asked the fire dept. to develop a reorganization plan. He said he was upset with what transpired, explaining the volunteers were asked to aid relief with one of their reserve pumpers; Co. #3 informed they would lease a truck to the city. Cicchirillo said the trucks belong to the tax payers, but the person asked what the city has done for them. Cicchirillo said its about protecting residents, saying he called for reorganization based on this, finances and how to best protect the city. Councilmember Kondik said it's unfair for the Marland Heights residents not to have a city truck. Harris thanked the City of Follansbee for use and not lease of their truck. He thanked Hanover Township for offering their truck, and Steubenville who agreed to be toned if needed. He noted these companies are outside of Weirton; two outside the state. Councilmember Cline said information was given to council about a hotel, motel tax. He requested any feedback or an ordinance. Cline said Weirton's police and fire fee has 50% going to the fire dept; with Brooke County's proposed fire levy, residents would pay over $93,000; the return is $30,000 in light of the fire service fee. He suggested the city voice opposition to losing dollars, saying the city and not the county is responsible for fire protection. He didn't think it would get changed. He explained the county can use the county fire board law and place a similar fire fee to the users of the system; if put on the ballot, the language would need changed so the dollars can be returned to Weirton City Council for residents in Brooke County. He added that because of the last few weeks, the language including monies to the volunteers or any fire dept in the city should be stricken; the monies should come to the city. He explained after reorganization, the city manager and council would decide, if there are any volunteers left, if they would get any money. Councilmember Fletcher thanked Cline, supporting his and council's efforts to get the levy changed, explaining it's a misrepresentation of the city's tax payers. Councilmember Moore suggested legal action, saying it applies for the same reason as the redistricting that was brought against the county. Councilmember Kondik agreed. Cline explained he was a Hancock County Commissioner, Weirton Council sent letters to the Commission and the levy didn't go back on the ballot. He said the Brooke County Commission is within their rights; political pressure is needed to show the county the injustice and lack of leadership. He said its not being against public funding, fire service or the volunteers; it has to do with the tax structure, the city's fire fee and changing some language. He said council can send a letter requesting consideration of the fire board law and if it's not the case, to ask for the city's money back for council's control. Fletcher offered his efforts to organize. Harris said a motion to send a letter wouldn't be necessary. Cline said a resolution can be adopted in November if necessary. Cline said the Brooke County Excess Levy for library funding, through personal property taxes --$88,000 goes to the Wellsburg and Follansbee public libraries; it's Weirton Brooke-County tax base but the Weirton library does not get any of the funding. He said the city's library budget is over $310,000 from city taxes, property, utility and b&o; council cut it by 10%--$31,000; the library also lost $10,000 from the Library Commission due to population loss. He said library staff informed business contributions have declined due to the climate. He stated not being against public funding of libraries in any community that wishes to pay for them. He asked the city manager to send a letter to the Brooke County Commission to use a per capita formula to determine how the money is spent, saying he thinks the state does it this way. He said Weirton is the largest city in Brooke County; 3,886 residents by the census; based on calculations by per capita, the Commission should give back $13,438. Cicchirillo didn't think the Follansbee library gets the funding. Cline requested a determination, saying they deserve a per capita too. Fletcher requested separate signed letters. He said they're hoping the redistricting will give residents of Brooke County in Weirton, better representation and equal distribution of their tax dollars. He asked about legally challenging it. DiBartolomeo didn't think there's a legal basis, agreed with Cline but said the city always pays two or three times more. Cline asked if state legislators can impose legislation. DiBartolomeo wasn't sure about the support, saying there's only two cities in the state that are split between two counties. Cline said the largest slap in the face is the Brooke County commission added a special library renovation fund. He's not against renovating libraries but its $360,000; 75 % goes to Wellsburg, 25% to Follansbee; 33% of the money comes from Weirton. He said Weirton doesn't get any funding; the city just cut funding the library and struggles to maintain it. He suggested sending a letter, saying it's a total lack of representation. Harris said three letters will be sent giving council's concerns on the above three issues. Cicchirillo didn't think Follansbee derives any money from the Brooke County levy. Ash appreciated the work done by Cline, stating the facts should be straight before sending a letter. Cline explained to Ash that the issues would be voted on in January 12, 2002. He said it has to be put together and advertised, saying any changes to the levy would have to be done now. He explained that in the past, Tim Reinard, former councilman, was told it was too late to change the language. Cline said the time after that, it was slightly changed. Councilmember Ash said he had announced on Sept. 10, 2001 to support two ordinances for veterans, one for hiring and one for going on active duty, but didn't know terrorists attacks would take place on September 11, 2001. He said council received two letters, one from Brooke-Hancock Veterans Memorial Incorp. and the Tri-State Marine Corps. organizations of their support; the groups voted on it. He said Dan Lyons, commandant for the VFW, also supports it. Ash requested the ordinances on an emergency basis--its not listed that way but it was requested. Harris asked the city attorney if the city follows it. DiBartolomeo said its in the state code; he doesn't monitor it. Ash said they don't follow the state code when it comes to the five and 10 points for veterans. Joe DiBartolomeo received a letter from the WV Ethics Commission. He read it. It was a response to his request for the Commission to review its opinion. The commission's letter stated on Oct. 4, 2001, the Commission denied the request for reconsideration, stating the changes wouldn't alter the commission's ruling. He said WV Code 6b1-2c states public officials may not take action on matters that are personal to them; the Commission's rulings provide a matter is personal when the person has an interest directly or indirectly; or in a manner that may influence their vote or give the appearance of impropriety. He said if a Councilmember has to vote on an issue that refers to his employer, then there's a conflict. He said Councilmember Ash called him on August 22, 2001; he had informed Ash that normally, the issues get voted on. He said Ash explained there's specific facts given the amount and the situation of Weirton Steel and the city being a part of the restructuring process. He had told Ash he couldn't give a clear ruling. DiBartolomeo explained council is subject to sanctions if it votes in violation of the Ethics Commission. He said that day, he wrote the request and copied council but never heard from council; Ash had informed him he would challenge the vote at the next meeting. DiBartolomeo thought he did was right for council. Harris disagreed with the Commission's ruling, saying the same question came to council when he, Councilmember Powell, himself and Moss were stock holders, but the ruling was they wouldn't have to excuse themselves. He said this ruling is dangerous because there are people who vote on issues in Charleston that have other interests; it will trickle to all legislative bodies in the state. He explained its not anyone's fault; it sets a terrible precedent. Councilmember Fletcher read the last statement of the letter DiBartolomeo had received. It stated the result would be the same under either set of facts. Fletcher said the initial letter didn't have the facts needed for the Commission to render an informed decision, although he appreciated DiBartolomeo sending a letter in council's best interest, however, council didn't receive a copy until after the letter was sent. He said it was presented in the initial letter and the follow-up letter that council requested for it to occur, but council never took any action nor discussed to take that action. He requested Cicchirillo review such items before being sent. DiBartolomeo suggested the letter requested by Fletcher which hasn't been sent can be written by Fletcher with facts that he feels is appropriate. DiBartolomeo said council's approval isn't needed if someone feels there's an ethics violation; he will send a letter. Fletcher agreed but requested the letter not be sent on behalf of council. Don Allen, 152 Morningside Court discussed parking on his street, an 18 foot street. He explained the footage diminishes due to the 30 degree angle and parking. He said the apartment has been a problem; there isn't enough room for head-in parking. He said the tenants are now parking against the wall; an emergency vehicle or snow plow won't fit; snow plows have to back in. He explained there already is no parking on one side, saying there needs to be no parking by the apartments. He would like for the city to review it. Councilmember Cline explained the request needs to go to the Traffic Commission through Councilmember Moore. Cline explained the fire trucks would have cars towed if they couldn't fit. Allen explained there used to be a sign but there isn't. Cicchirillo explained there is ordinance for no parking there. Moore said he would bring it to the Commission. Allen said the first 80 feet isn't an issue. Chris Orrechio, 115 Valley Way, discussed his street. He had pictures. He explained some of the holes on the street are 16 inches. He said residents are parking Rv's etc and leaving them at the road; its an eyesore. He said his taxes went up $100. He suggested council look at the pictures and consider fixing Valley Way. He explained some of the vehicles being parked on the street, the people don't live there anymore but the parents do. He explained there are some streets that are bad. He said the concrete streets are difficult, saying he told residents in his area, but patches don't hold. Orrechio said there's a lot of drainage and springs; an asphalt street is needed; it can't be patched and patched. Councilmember Minella said it would cost $300,000 to fix the street. Councilmember Fletcher said he had a good discussion with Orrechio, saying council's been told that proper street replacement program will cost $700,000 a year; they've never had that much. He said $450,000 was put in for paving and it wasn't enough. Cline said the neighborhood can help by being reassessed to do the street. Orrechio said if it is widened, Rv's and such shouldn't be parked there. He explained putting $20,000 into his home. Orrechio asked if the cul-de-sac can be rid of the parked vehicles and put dirt in the area where the playground used to be and beautify it. Harris said it would be a nice place for beautification; the parking issue isn't major. Fletcher said there's ordinance regarding boats and Rv's being parked on the street. He offered to help with the beautification. Harris said they need to take a look at the concrete streets in the city. Orrechio asked about raising taxes. Harris said the city doesn't have the ability to do this but street assessment fees can be placed on the residents' property. James Johnson, 112 Maryland Avenue, said from Nash's mini-mart down into Maryland Avenue, someone's been cutting trees and leaving a mess; an old garage needs torn down. He said from Krogers down to the Dairy Queen to the funeral home, its difficult to cross; cars and trucks are speeding. He requested radar. He supported the ordinances for veterans. Councilmember Ash said the first issue has been addressed by Rod Rosnick and staff wrote letters to the owners about the brush. Johnson pointed out the garage needs taken down. Ash said Rosnick and staff have wrote letters to the owners about the garage. Johnson asked if the city has ordinances about noise. Ash said yes. Johnson the bowling alley is noisy, saying kids are loud. Harris said if Johnson has repeated noise, contact the police dept. to investigate. Ralph Magnone complained about speeding on Leech Street; he has a granddaughter and children play on the street. He asked for traffic control. Harris said speed bumps are improper or illegal for a resident to put one on the street; council has used them in the past. He said he is opposed to this, saying they'll ask the police dept. to run radar. Magnone resides at 129 Clearview, saying the sewer line plugs up; rain water from next door neighbor goes into the neigbhors cellar door and into the sewer. He said if his own line gets plugged up, he will connect his sewer line from the roof of the house to the city sewer. He asked why the neighbor has it. Harris said they didn't know about it; Magnone can't do this. Harris was informed the issue with the neighbor was corrected. DiBartolomeo said he referred the speeding issue to the police dept; the neighbor issue was referred to the sanitary dept. who reported the neighbor was smoke tested and they checked the line. He said he passed it onto Magnone; it was from Mr. Mastrantoni. Magnone said Mr. Kevin Board was to call him back but he didn't. He said the water is still going to the cellar; the problem isn't solved. Mastrantoni explained Magnone is a third party; dye and smoke test was done; the situation is being taken care. Harris explained the dept. is dealing with the customer. DiBartolomeo explained its an issue with the customer, the complaint is filed but the information isn't for Magnone; they will make any necessary changes. Councilmember Moore said he told Magnone that he has requested the police for radar but it can't be done every week; many streets have speeders, saying the police can't be on every street. Moore said he's done all he can do. Harris told Magnone the city is dealing with the issues. Councilmember Minella reported the Finance Committee met on Thursday with Councilmembers Kondik, Moore and himself. Items recommended: 4, 7, 8, 9, 10 & 11. Harris stated items 1 & 3 would be moved to later in the agenda. He said they will be discussed in executive session. A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to adopt a resolution to authorize the City of Weirton to participate in a study in conjunction with Brooke and Hancock Counties to evaluate and assess the current emergency dispatching and communication systems. This passed 7-0, so ordered. A motion was made by Councilmember Kondik, second by Councilmember Fletcher to adopt a resolution to enter into a communications site lease agreement with Weirton Steel for use of telecommunications tower located on McKims Ridge in the amount of $20 a month. This passed 7-0, so ordered. A motion was made by Councilmember Ash, second by Councilmember Moore to authorize an ordinance enacting Veterans Employment Preference. Councilmember Cline said its good its been brought to council's attention but its state law and if violated, it should be taken to court; if the city violated it, they were wrong. He said he has reservations making city law, state law. Ash said the city adopts state law all the time; just because its state law, doesn't mean the city has to adhere to it. He said he argued the case 6-8 years ago; he won't remove his motion. Cline asked DiBartolomeo, saying the city has to abide by it; its not an option. DiBartolomeo agreed but corrected the city would be taken to state court and not city court; its almost verbatim from the state code. Councilmember Fletcher thanked Ash for bringing it to their attention. He motioned to table it and discuss it at a workshop, saying its based on semantics. Councilmember Kondik second this. A roll call vote was taken with a yes is in favor of tabling, a no is opposed: Councilmember Mitchell Yes Councilmember Minella Yes Councilmember Moore No Councilmember Ash No Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes The motion to table passed by a 5-2 vote, so ordered. A motion was made by Councilmember Ash, second by Councilmember Moore to authorize an ordinance addressing military leave of absence for public officials and employees for drills, parades, active duty etc. Ash said if its not an issue, why was there arguing behind closed doors about DiBartolomeo becoming Colonel. He asked why it has to be adopted in the administrative code to have it enforced. Councilmember Fletcher didn't recall this, requesting someone remind him after the meeting. Fletcher motioned to table. Councilmember Minella second this. A roll call vote was taken with a yes is in favor of tabling, a no is opposed: Councilmember Minella Yes Councilmember Moore No Councilmember Ash No Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes The motion to table passed by a 5-2 vote, so ordered. A motion was made by Councilmember Kondik, second by Councilmember Cline to adopt a resolution authorizing revisions to 2001-2002 Fiscal Year General Fund Budget. Councilmember Fletcher thanked the city manager and dept. administrators in identifying where the changes can be made to be there for Weirton Steel. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Moore Yes Councilmember Ash Yes Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes Councilmember Minella Yes This passed 7-0, so ordered. A motion was made by Councilmember Minella, second by Councilmember Moore to adopt a resolution to enter into contract for lease financing services at an estimated cost of $227,600 with Wesbanco; interest rate of 4.20% for the city of Weirton. This passed 6-1 with Councilmember Fletcher dissenting, so ordered. A motion was made by Councilmember Minella, second by Councilmember Moore to adopt a resolution to enter into contract for purchase of road de-icing salt from International Salt, P. O. Box 540, Clarks Summit, PA in the amount of $40.98 per ton. This passed 7-0, so ordered. A motion was made by Councilmember Kondik, second by Councilmember Cline to adopt a resolution to enter into agreement with the WVSCA and NPSCD in the amount of $15,000 for the cost sharing program for Harmon Creek watershed structures. This passed 7-0, so ordered. A motion was made by Councilmember Moore, second by Councilmember Minella to adopt a resolution to enter into agreement with Cattrell Companies, Inc., 906 Franklin Street, Toronto, OH in the amount of $49,234.60 for repairs to Gilson Avenue fire station floor. This passed 7-0, so ordered. A motion was made by Councilmember Moore, second by Councilmember Minella to adopt a resolution to enter into contract with Ghosh Engineers, Inc, 12th Floor, Union Building, 723 Kanawha Blvd. East, Charleston, WV in the amount of $1,021.57 for engineering services for the Gilson Avenue fire station floor. This passed 7-0, so ordered. A motion was made by Councilmember Mitchell, second by Councilmember Fletcher for an ordinance to establish a stop sign on the south side of the alley from N. 10th Street at the intersection of N. 11th Street. This passed 7-0, so ordered. A motion was made by Councilmember Mitchell, second by Councilmember Kondik for an ordinance to establish no parking on the east side of N. 10th Street from Figuroa Street for a distance of 200 feet south on N. 10th Street to the end of the street. Mitchell amended "end of the street" be stricken. This passed 7-0. A motion was made by Councilmember Mitchell, second by Councilmember Fletcher for an ordinance to establish no parking on both sides of the street beginning at 3313 Overbrook Drive for 475 feet to the end of the street. Councilmember Moore asked if it intersects with Cove Road. Mitchell explained it doesn't; it goes to the steep grade. This passed 7-0. A motion was made by Councilmember Ash, second by Councilmember Mitchell to establish a stop sign on the north side of Beverly Avenue at the intersection of Ingram Avenue. This passed 7-0. A motion was made by Councilmember Kondik, second by Councilmember Fletcher for an ordinance to establish no parking on the south side of Walnut Street for 40 feet in front of St. Paul's school. Councilmember Moore questioned the direction, saying it's the west side of Walnut not the south side. Farley said she checked with the street dept. and the direction given was south. This passed 7-0. A motion was made by Councilmember Minella, second by Councilmember Moore to convene into an executive session consistent with WV code 6-9-A-4 to discuss personnel or possible litigation. This passed 7-0, so ordered. Harris said they would discuss business items: agreement with HUD and an in lieu of with Weirton Steel. Ash asked if the Weirton Steel issue would be discussed. Harris said it wouldn't need discussed; the agreement with HUD would be discussed. Council reconvened at 8:50 p.m. A motion was made by Councilmember Cline, second by Councilmember Mitchell to adopt the resolution to enter into agreement with US HUD. A motion was made by Councilmember Fletcher, second by Councilmember Moore to table the resolution. A roll call vote was taken on the tabling, a no is opposed: Councilmember Ash Yes Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes Councilmember Minella Yes Councilmember Moore Yes This passed 7-0, so ordered. Harris requested, he Minella, Moore, Cline and Mitchell leave the room. Farley took Harris's seat, reading the resolution and asking for a motion. A motion was made by Councilmember Kondik, second by Councilmember Fletcher. Councilmember Ash asked if it is enforceable. Cicchirillo said council voted on the budget revision; this reflects the revision; the only difference with this between the original agreement two years ago; its under section #9. He read the section. He said in the past, they collected the fire service fee from the tenants of their buildings, through a verbal agreement with the former city manager and their attorneys, they were to reimburse the city for the amount collected of $84,000 but it wasn't done; the agreement reflects the payments will be received by the city. Ash asked if the original agreement was enforceable. Cicchirillo stated no. He said its being done because there's a payment schedule to recoop the in lieu of that was established. He responded to Ash that there's no other in lieu of with any other company. This passed 2-1 with Councilmember Ash dissenting. Farley stated Harris and the other Councilmembers would now return.
PLANNING COMMISSION A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to reappoint Frank Dorsch, 136 Circle Drive to the Planning Commission for a term of 10/1/2001 - 9/30/2004. This passed 7-0, so ordered. A motion was made by Councilmember Minella, second by Councilmember Cline to reappoint John Koval, 205 Country Club Blvd. to the Planning Commission for a term of 10/1/2001 - 9/30/2004. This passed 6-1 with Councilmember Ash dissenting, so ordered. Councilmember Moore asked Fletcher if they've sent any cruisers into the Colliers area on the east side of town. Fletcher said no, not in the east area; in Colliers, one cruiser should be patrolling the area. The fire dept. reported they have been out teaching fire education to children, teachers and parents. Councilmember Cline asked if they were ready for clean-up. A motion was made by Councilmember Minella, second by Councilmember Mitchell to approve the Treasurer's Report, Administrative Reports and to pay the general fund bills. This passed 7-0, so ordered. With no further business before this, the October 9, 2001 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:58 p.m.
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