WEIRTON CITY COUNCIL

November 12, 2002

REGULAR SESSION

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 Tuesday, November 12, 2002, in the City Building Council Chambers, with Mayor Dean Harris presiding.

Councilmembers in attendance were Charlie Mitchell, D.J. Minella, John Moore, George Kondik, David Cline, and Chris Fletcher. City officials in attendance were Joseph Cicchirillo, William Fahey, Chief Mike Gordon, Chief Kessler Cole, Rod Rosnick, Brae Bryant, Kevin Elias, Rik Rekowski, A. D. Mastrantoni, and Miki Marino.

Mayor Harris led the Pledge of Allegiance.

MINUTES

It was moved by Councilman Minella and seconded by Councilman Cline to accept the minutes from the October 7, 2002 regular session and the October 24, 2002 special session. Councilman Kondik commented that in the minutes of the October 24, 2002 special session, Councilman Kondik stated that he asked Mr. Fahey if taking this action would be necessary to collect the equipment. On page three of the October 24, 2002 special session, the minutes state that "Councilman Kondik asked Mr. Fahey if taking this action would be necessary to collect tax dollars." Councilman Kondik requested that this change be made. The regular session and special session minutes as corrected were passed unanimously.

MAYOR'S AWARDS AND PROCLAMATIONS

Mayor Harris read a proclamation declaring that November 18 through December 2, 2002 as America Buckles Up Children Operation ABC Mobilization by the West Virginia Governor's Highway Safety Office.

Mayor Harris expressed his gratitude to the voters of the northern panhandle for their support of Amendment One. Marshall, Ohio, Brooke and Hancock counties supported Amendment One with 70% of the vote which carried the amendment through. Hard work and voters were appreciated in supporting the amendment which will be important for the future in the City of Weirton and throughout the Ohio Valley.

Mayor Harris questioned Brae Bryant on the current concerns of missing cones in areas to warn people of dangerous situations. Recently cones were stolen from an area where the Water Department was working and a UPS truck needed to be towed out of a hole as a result. The Mayor's concerns were 1) liability to the City and 2) costs to replace stolen cones which must be placed to warn pedestrians and vehicles of hazardous conditions. Brae Bryant stated that the unlawful removal of cones placed in work areas continues to be a problem. He stated that those who unlawfully remove the cones do not realize that the cones are placed for the safe passage of vehicular and pedestrian traffic.

Mayor Harris will speak to Chief Gordon regarding this matter and requested from the media to emphasize to the public the importance of the safety cones and that anyone caught stealing or removing any cones or safety devices will be prosecuted to the fullest extent. Councilman Moore asked if using warning tape could be used to mark the areas. Brae Bryant stated that no traffic control device is tamper proof and that all types of warning equipment are being removed.

Mr. Cicchirillo advised that Councilman Ash had phoned him and reported that he was not feeling well and could not attend the council meeting.

Councilman Cline reported that on Wednesday, November 6, 2002, he along with the Mayor and staff attended a DEP Phase II Storm Management seminar. By March 10, 2003, the City must have a stormwater management plan in place for review by the DEP. The City Manager was instructed to put together a team to accomplish the goals for the plan.

Councilman Fletcher stated that last month, October was proclaimed as Breast Cancer Awareness Month and expressed his thanks and appreciation to Miki Marino for the various literature that was distributed to employees. He also stated that he was pleased with the work performance in the human resource department.

Councilman Kondik stated that he attended the United Way luncheon on Friday, November 8, 2002. The keynote speaker was Mayor Harris. Councilman Kondik thanked and commended the mayor on his speech.

BOARDS AND COMMISSIONS

Councilman Minella advised that the Finance Committee in their meeting on November 7, 2002, (with Councilman Moore, Kondik, and Minella in attendance) voted in support of agenda items 1, 2,3. Item 5 was split with Councilman Minella and Kondik supporting the purchase of a computer for the Mayor's office. Councilman Moore was opposed. Councilman Moore suggested that the three bids be studied carefully and a maximum of $1200 be allowed for the purchase of a computer for the Mayor's office.

OLD BUSINESS

Second reading of Ordinance No. 1356. Ordinance Prohibiting Parking of Recreational Vehicles, Boats, Trailers, etc., on city-owned property located on Valley Way:

It was moved by Councilman Fletcher and seconded by Councilman Moore to approve the second reading of Ordinance No. 1356. The ordinance passed unanimously.

Second reading of Ordinance No. 1357. Amendment No. 600 to the Traffic Control Map Ordinance No. 214 of the City of Weirton (rescind Ord. No. 1046 which established a handicapped parking space at 3547 Elm Street): It was moved by Councilman Minella and seconded by Councilman Moore to approve the second reading of Ordinance No. 1357. The ordinance passed unanimously.

Second reading of Ordinance No. 1358. Amendment No. 601 to the Traffic Control Map Ordinance No. 214 of the City of Weirton (establish handicapped parking space in alley at rear of 156 Church Street on north side for exclusive use by David Burns): It was moved by Councilman Cline and seconded by Councilman Mitchell to approve the second reading of Ordinance No. 1358. The ordinance passed unanimously.

Second reading of Ordinance No. 1359. An Ordinance to require the dissolution of Weirton Heights Volunteer Fire Dept., Inc.: It was moved by Councilman Cline and seconded by Councilman Fletcher to approve the second reading of Ordinance No. 1359. Councilman Moore questioned Council to possible delay this ordinance until the December meeting to have the 'full feeling' of the West Virginia Fire Commission and the Hancock County commissioners on both Ordinance 1359 and Ordinance 1360. Councilman Mitchell agreed with Councilman Moore and asked what the next step would be.

Councilman Cline explained that these orders would be delivered after being signed by the City Clerk and the Mayor. The City Manager and the City Attorney will put together a letter of instruction for those corporations on the steps to dissolve. Councilman Cline has asked that the equipment be brought to the City building for inventory and as quickly as possible start the process of determining the ownership of the inventory. Councilman Mitchell requested to table Ordinance 1359, seconded by Councilman Moore. A roll call vote was held; results were as follows:

Councilman Minella: No

Councilman Moore: Yes

Councilman Kondik: No

Councilman Cline: No

Councilman Fletcher: No

Councilman Mitchell: Yes

The motion to table failed on a 4-2 vote.

Councilman Fletcher asked City Solicitor Fahey to address some of the concerns raised by Councilman Mitchell. He stated that Councilman Cline was correct in that the first step is to work together with the volunteers to dissolve the corporation. If that happens, there are no further proceedings. If they refuse, some remedy may be sought through the Circuit Court of Hancock County, the State Fire Marshall, or the West Virginia Secretary of State that governs corporations who would determine how to divide assets. Councilman Kondik asked Mr. Fahey if it was correct that the City must dissolve the fire departments in order to take over ownership of the equipment. Mr. Fahey answered yes. Discussion was held regarding the dissolving the companies and the ownership of the equipment. Mayor Harris stated that meetings have been held with the State Fire Commissioner and State Fire Marshall and that no action can be taken regarding equipment until the companies are dissolved. He stated that meetings will continue with the State of West Virginia and the county commissioners regarding the equipment purchased through taxpayer's dollars. The vote on the original motion was 4-2, with no votes by Councilman Moore and Councilman Mitchell; the motion passed.

Second reading of Ordinance No. 1360. An Ordinance to require the dissolution of Weirton Volunteer Fire Dept. No. 1: It was moved by Councilman Minella and seconded by Councilman Kondik to approve the seconding reading of Ordinance No. 1360. The vote was 4-2, with no votes by Councilman Moore and Councilman Mitchell; the motion passed.

NEW BUSINESS

Resolution in Support of Proxy Vote for Weirton Steel Corporation: Mayor Harris requested Council to suspend Robert's Rules to add to the agenda a Resolution in Support of Proxy Vote for Weirton Steel Corporation. It was moved by Councilman Fletcher and seconded by Councilman Moore to suspend Robert's Rules. This passed unanimously.

Mayor Harris introduced John Walker, President and CEO of Weirton Steel who explained the steps Weirton Steel is currently taking to avoid bankruptcy and the importance of supporting the proxy vote for Weirton Steel Corporation.

Councilman Fletcher expressed his gratitude to Mr. Walker for his attendance at the Council meeting. Mayor Harris also expressed his thanks to Mr. Walker for the work he has done and also for his involvement in the community. It was moved by Councilman Kondik and seconded by Councilman Minella to approve the resolution in Support of Proxy Vote for Weirton Steel Corporation; this passed unanimously.

Resolution to enter into contract for the purchase of Washing Machine for Fire Department Bunker Gear: It was moved by Councilman Minella and seconded by Councilman Fletcher to approve this resolution authorizing the City Manager to enter into contract with Finley Fire Equipment Company, 20 S. Fifth Street, McConnelsville, OH in the amount of $1,799.00. This resolution passed unanimously.

Resolution to enter into contract for the purchase of Chairs for Council Chambers and Finance Dept.: It was moved by Councilman Minella and seconded by Councilman Cline to approve this resolution authorizing the City Manager to enter into contract with Contract Business Interiors, 1214 Main Street, Wheeling, WV in the amount of $3,283.20. This resolution passed unanimously.

Resolution to enter into contract for asbestos removal and demolition of three building at the former Cove Valley Lumber: It was moved by Councilman Fletcher and seconded by Councilman Mitchell to approve this resolution authorizing the City Manager to enter into contract with Edgco, Inc., P.O. Box 410, Lansing, OH in the amount of $70,129.00. Councilman Cline asked Rod Rosnick if a completion date was included in the contract. Mr. Rosnick explained that stipulations for completion were included. This resolution passed unanimously.

Resolution authorizing the application for West Virginia Legislative Digest Funds: It was moved by Councilman Moore 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 City of Weirton Recreational Facilities. This resolution passed unanimously.

Resolution authorizing purchase of a computer for Mayor's Office: It was moved by Councilman Minella and seconded by Councilman Kondik to approve this resolution authorizing the City Manager to enter into a contract for the purchase of one computer for the Mayor's Office in an amount not to exceed $1,200.00. This resolution passed unanimously.

First reading of Ordinance to amend the Building Enforcement Agency:

It was moved by Councilman Fletcher and seconded by Councilman Mitchell to approve at first reading this ordinance to amend Ordinance No. 250 Establishing Building Enforcement Agency. Rod Rosnick indicated the changes made, which included adding a health officer to the agency, adding language to set criteria to state building code, and deleting the penalty clause from the ordinance. The first reading of this ordinance passed unanimously.

REPORTS FROM DEPARTMENTS

Public Works: Brae Bryant explained that leaves will be collected in rigid containers or plastic bags as scheduled by area or on residents' regular garbage days.

TREASURER'S REPORT

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

ADJOURNMENT

With no further business before this November 12, 2002, regular session of the Common Council of the City of Weirton, the meeting was adjourned after the closing prayer.