WEIRTON CITY COUNCIL
January 7, 2002

REGULAR SESSION

A regular meeting of the Weirton City Council was held at 7:00 p.m. on Monday, January 7, 2002, in the Council Chambers of the Weirton City Building, with Mayor Dean 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, Joseph DiBartolomeo, Chief Ralph Fletcher, Chief Kessler Cole, Rod Rosnick, Beth Gaughan, Dan Mastrantoni, Kevin Board, Brae Bryant, John Brown, Coty Shingle, and Rick Rekowski.

It was moved by Mr. Kondik and seconded by Mr. Minella to approve the minutes from the December 10, 2001 meeting; this passed unanimously.

Mr. Cicchirillo recognized the efforts of the Water Department staff, among them Mr. Mastrantoni, Mr. Bragg, and Mr. Kaine, with a water line break on Christmas Eve and Christmas Day on Ritchie Avenue.

Mr. Moore brought up his concern that he had voiced at the Finance Committee meeting on January 3 about credit card receipts not being turned in to the Finance Department after employees return from trips. He stated that the City Manager has addressed this issue in a memo to staff. Mr. Moore emphasized the importance of having these receipts when paying the credit card bill.

Mr. Cline spoke about an upcoming Brooke County excess levy ballot on Saturday, which involves $88,000 for library services. Council had requested from the Commission a per capital allocation of $14,000 from the $88,000. However, the Commission instead raised the tax load to provide an additional $14,000. Also, as to funds for library repairs, no money would be coming to Weirton, even though the Mary H. Weir Public Library serves Brooke County residents. He felt that the Brooke County residents should examine the levy closely. Mr. Moore voiced his agreement and pointed out that a judge had ruled that the northern part of Brooke County would get representation.

Melisa Mulenthaler, director of the Hancock County Visitors Bureau, presented the Council with copies of the 2002 Hancock County calendar featuring photographs of places of interest in the County. This will be used as a marketing tool to show good aspects of this area.

JoAnn Matthews from the Holiday Inn spoke in opposition to the Hotel Occupancy Tax. Ms. Matthews advised that she had spoken to the president of the hotel management company who felt this was bad for their business. She stated that not having such a tax has been a plus for people looking for accommodations in this area, and she felt that the institution of this tax would have a negative effect on their business.

Brian Jurosko from the Sanitary Board thanked Council for considering expanding the residency area for City employees to include the phone prefixes 564 and 527.

Mr. Minella reported that the Finance Committee at their January 3 meeting recommended the passage of the resolution for legal services for the Municipal Service Fee appeal, and for the ordinance for the 911 land line service fee.

Mayor Harris spoke about the state building project by the City Building. He advised that it is not on tonight's agenda because of a slight problem with the property owner. He advised that this problem should be ironed out, and the project is still on track. It is hoped that construction will begin in the spring. Mr. Cicchirillo also advised that the Hancock County Commission will be sending a letter about the video lottery money, and the time frame for demolition will be adjusted.

Second reading of Ordinance No. 1331-Amendment No. 592 to the Traffic Control Map Ordinance No. 214 to rescind Ordinance No. 1326 which established stop sign on south side of alley from N. 10 Street at intersection of N. 11 Street: It was moved by Mr. Mitchell and seconded by Mr. Ash to approve this ordinance; this passed unanimously, and so ordered.

Second reading of Ordinance No. 1332-Amendment No. 593 to the Traffic Control Map Ordinance No. 214 to establish one-way traffic on Anderson Street from Byron Street to Cove Road: It was moved by Mr. Cline and seconded by Mr. Moore to approve this ordinance; this passed unanimously, and so ordered.

Second reading of Ordinance No. 1333-Amendment No. 594 to the Traffic Control Map Ordinance No. 214 beginning 474 feet from intersection of Potomac establish 47 feet of no parking on the north side of Morningside Court and then beginning again at a point of 36 feet establish no parking for a distance of 64 feet on the north side of Morningside Court: It was moved by Mr. Moore and seconded by Mr. Mitchell to approve this ordinance; this passed unanimously, and so ordered.

Second reading of Ordinance No. 1334-Ordinance authorizing establishment of a Hotel Occupancy Tax for the City of Weirton: It was moved by Mr. Cline and seconded by Mr. Fletcher to approve this Ordinance. Mr. Ash brought up a letter that Councilmembers had received from Brian Linkesh of the Chamber of Commerce; he asked if it was Council's understanding that the letter supported the Hotel Occupancy Tax, although they did not support the B&O Tax. Mr. Fletcher advised he also interpreted the letter in that manner, but he felt that the Chamber's position was not clear. Mr. Mitchell also interpreted the letter in that way. Council voted on the motion; this passed on a 6-1 vote, with the no vote being cast by Mr. Ash.

Resolution to amend Weirton residency requirement for Weirton City employees-The Mayor advised that this would extend residency to areas served by the 564 and 527 phone exchanges as long as these areas are not in another municipality. It was moved by Mr. Fletcher and seconded by Mr. Cline to approve this resolution; this passed on a 6-1vote, with the no vote being cast by Mr. Ash.

Resolution to authorize application for West Virginia Legislative Digest Funds for Weirton Area Ambulance and Rescue Squad-Mayor Harris advised that this would be $10,000 for WAARS. It was moved by Mr. Minella and seconded by Mr. Kondik to approve this resolution. This passed unanimously, and so ordered.

Resolution to enter into contract to retain legal services for Municipal Police and Fire Service Fee Appeal to the West Virginia Supreme Court-Mayor Harris advised that this was a contract with William Fahey to work on this appeal; his rate will be $125 an hour, payable at the end of each month. It was moved by Mr. Minella and seconded by Mr. Fletcher to approve this resolution. Mr. Moore asked if anyone knew how long this case would take. Mr. DiBartolomeo advised that the plaintiffs (Mr. Velegol and Mr. Iaquinta represented by Mr. Chernenko and Mr. Barone) have applied to the West Virginia Supreme Court to hear this appeal. Mr. Fahey will write to the Court against this. If the Supreme Court accepts the case, there will then be papers filed, and possibly an oral argument before the Court. Mr. DiBartolomeo could not give a definite time period. The Council voted on the resolution; this passed unanimously, and so ordered.

Ordinance to enter into Intergovernmental Agreement with Brooke County Commission for 911 Land Line Service Fee-It was moved by Mr. Kondik and seconded by Mr. Ash to approve this ordinance at first reading. Mr. Cicchirillo reviewed with Council the formula by which this amount had been calculated; this formula was established by Mr. Cicchirillo with a Brooke County administrator and Mark Abraham of Dobbs Abraham. The formula would be applied in the event of any increases or decreases. The charge was going from $.55 to $2.05. This would bring into the City $3,720 monthly, or $44,649 yearly. The City now receives slightly less than $12,000 yearly. Mr. Fletcher asked how long the agreement was good for; Mr. Cicchirillo felt this should be renewed yearly. Mr. DiBartolomeo was asked if this would have to be adopted by Council yearly; he will have to check on this. The Council voted on this Ordinance at first reading; this passed unanimously. Mr. Cline talked about the wireless fees that are collected by the Public Service Commission and then distributed to the operators of the 911 systems in the counties; the fee is $.95. He felt that the City should approach the State legislators about giving the City the ability to get some of this money. Mr. Fletcher believed that this had been discussed with the legislators before they went into session.

Ordinance to provide an easement on properties owned by the City of Weirton-Mayor Harris advised that this was in reference to the development planned by Matt Magnone and John Greco by the Oakland ballfield; this is a water and sewer easement for lines across the ballfield. Mr. Cicchirillo advised that the City had been allowed to use the Oakland ballfield as long as it was for recreational purposes; if it was not used for recreational purposes it would revert to the original owners. He met with the property owner, Mr. Barone, and showed them a map of the development; they requested some minor changes. The developer made the changes and submitted this to the owner, who had no problem with this. It was moved by Mr. Minella and seconded by Mr. Fletcher to approve this ordinance at first reading; this passed unanimously.

Additional Item-Resolution to purchase back up hydraulic spreader-Mayor Harris requested to suspend Roberts Rules to add an item to the agenda. It was moved by Mr. Fletcher and seconded by Mr. Ash to do this; this passed unanimously.

The additional item to be considered was the purchase of a back up hydraulic hopper spreader. Mr. Bryant advised Council that this was to be replaced in the fleet replacement program in 2002-2003. However, due to financial constraints cuts have been made to the program. The truck that would be replaced is still in service; however, staff feels it would be prudent to replace this now based on the cuts and on the estimated time for delivery of this equipment. Mr. Ash asked about the fact that no vendor was listed on the ordinance. Mr. Bryant advised that the ordinance authorizes the City Manager to obtain quotes. Staff had received bids for a spreader of this size in October. Mr. Bryant advised that if Council approves this that he will contact the vendors and see if they will honor the quotes they sent in at that time. If they will not agree, then bids will again be requested not to exceed $6,500. Mr. Bryant felt this was an emergency to purchase this. Mr. Ash asked Mr. DiBartolomeo if this could be done in this way; Mr. DiBartolomeo advised that if it is deemed an emergency this can be done. Mr. Cline asked about funding. Mr. Bryant advised that this had not been budgeted for; however, he was requesting that funds from their recent auction of equipment be used. Mr. Moore asked how many spreaders they have; Mr. Bryant advised they have nine, and eight have been in service during the snow. It was moved by Mr. Minella and seconded by Mr. Kondik to approve this purchase; this passed unanimously, and so ordered.

Mayor Harris advised that the City Manager requested that the Council adjourn into executive session as per State Code §6-9-8-4 in reference to negotiations. It was moved by Mr. Minella and seconded by Mr. Fletcher to adjourn into executive session; this passed unanimously.

Council reconvened into regular session at 7:55 p.m.

Mayor advised that there were two reappointments to the Zoning Board; the term for both would be until December 31, 2004. The first was for Robert Arango of 3725 Lindberg Way; it was moved by Mr. Kondik and seconded by Mr. Minella to approve this appointment; this passed unanimously, and so ordered. The second was for Dewey Guida of 3376 Main Street; it was moved by Mr. Minella and seconded by Mr. Kondik to approve this appointment; this passed unanimously, and so ordered.

Police: Mr. Ash advised Chief Fletcher that the residents of Orchard and Elm thanked him and his staff for their efforts in apprehending some individuals that were destroying property in that area. Mr. Cline commented about a time frame for the firing range.

Fire: Mr. Cline commended Chief Cole on the good job done by his staff on CPR training and public visits.

Library: Mr. Cline commented to Mr. Rekowski about a letter that appeared in the newspaper from Library Board personnel asking the public to support the Brooke County levy.

City Attorney: Mr. DiBartolomeo talked about the fact that he is filing cases with the magistrates to collect on 2000 Police and Fire Service Fees that have not been paid. He pointed out that in addition to the amount of the fee those on whom the case is filed will owe court costs of approximately $45. He suggested that those individuals and businesses who have not yet paid do so before he has to file with the magistrates.

Park Board: Mayor Harris advised that he, Mr. Fletcher, Mr. Mitchell, Mr. Cline, Mr. Weigel, Mr. Shingle, and Mr. Castelli from the Park Board met with the president of the Marlins and the Weir High swim coach and discussed the problems at the Millsop Center pool. The problems have not been resolved. A swim meet is scheduled for the Millsop Center pool in March; it was suggested that the pool be closed a few days before the meet so that the temperature goes down. Mr. DiBartolomeo, who is involved with the Marlins, commented that the Center staff has always done as much as possible to help with their swim meets.

Community Development: Mr. Cline commented to Ms. Gaughan about reprogramming money.

Public Works: Mayor Harris and Mr. Cicchirillo commented to Mr. Bryant about the good job done on the streets during the recent snow.

Treasurer's Report: Ms. Means gave the treasurer's report.

Mr. Moore commented on vending machine licenses and enforcing having the stores obtain stickers for each machine. Ms. Means advised that she believed that when stores obtain their business licenses that the fees for vending machines are included in the total that the stores pay. She did not believe that separate stickers for each machine are issued any longer.

Mr. Cline asked about B&O receipts; Ms. Means advised that this is a year-end accrual. He also asked about the amount of money anticipated for the property tax payment in January. Ms. Means advised that the next large amount is anticipated for April.

It was moved by Mr. Fletcher and seconded by Mr. Mitchell to approve the treasurer's report, administrative report, and to pay the General Fund bills; this passed unanimously, and so ordered.

Mr. Minella and Council extended condolences to Melissa Farley and her husband on the recent loss of their son, Devon Farley.

With no further business before this January 7, 2002, regular session of the Weirton City Council, the meeting was adjourned at 8:15 p.m.