A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on November 13, 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 Kondik, David Cline and Christopher Fletcher.

City officials in attendance: Joe Cicchirillo, Valerie Means, Melissa Farley, Dan Mastrantoni, A.D. Mastrantoni, Rod Rosnick, Chief Fletcher, Chief Cole, Brae Bryant, Terry Weigel and Beth Gaughn.

Mayor Dean M. Harris led the Pledge of Allegiance.

A motion was made by Councilmember Moore, second by Councilmember Kondik to approve the minutes of the October 9, 2001 and October 16, 2001 meetings. This passed 6-0, so ordered.

Harris said there was a story in the paper; Perry Orr is employed with the post office. Harris explained Perry noticed a regular customer's mail was piling up; he had the family contacted; it was discovered that the person had fallen. He said a Mayor's Award was requested for Perry. Harris read the award; the action took by Perry happened on October 6, 2001.

Harris read a proclamation to recognize acts of kindness; this week being observed by 500 other cities; he proclaimed Nov. 7-14th as kindness week.

Harris recognized Chris Roberts on behalf of Hospice Care. Harris said its National Hospice; his father passed away 18 years ago and they used hospice. He read the proclamation; Valley Hospice Inc. serves as the only non-profit agency in the upper Ohio Valley; November 2001 is National Hospice month. Harris proclaimed this. Chris Roberts explained most people would like to die at home; hospice is there to try to make things as good as possible.

Harris recognized employees from the Weirton Water Treatment Plant for reaching a mile stone in safety for four years; for making safety a priority and reality in the city. He extended thanks and named each individual; he thanked all staff members.

Harris recognized Recycle Day, calling on Brae Bryant to accept it; Nov. 15, 2001 as Recycle Day. He said the city has an excellent recycling program.

Councilmember Cline said he's presenting the City Manager, Finance Director and the City Attorney with an outline of a motel/hotel tax; the draft is from the City of Huntington; he asked it be reviewed before the December meeting.

Mark Thompson said rifle/bow hunters are coming onto private property, explaining they've had problems with shots being taken to the livestock, pets and farm equipment. He said the problem is occurring again, explaining they stopped people bagging game. He said there's no way to monitor and post the entire area on Thompson hill; they're concerned about children. He didn't know what the solution is, saying they've discussed with people about getting the proper permits. He said its been a problem for Weirton Steel too. He said if someone is injured on the property, they can be sued and so can Weirton Steel. Harris said the city's first step is to contact the DNR. He suggested Thompson leave his number with the city clerk or call tomorrow. Harris said Steve of the DNR will address the problem.

Don Allen, Morningside Court, told council that the ordinance for Morningside would create more problems. He requested the ordinance cancelled so more time can be taken to notify each resident and bring the results to the Traffic Commission. Harris asked Moore to address it with the Commission.

Helen Beaumont, spoke regarding the crossing guards, saying they cross children in all weather and through traffic with no medical benefits, no bonus which was understood. She asked why, however, that the guards weren't considered for the pay increase, saying they're full-time during the school year. She explained speaking with Councilmember Mitchell, saying he informed her they would be included in the increase. She asked why they weren't and if the city voted against them. Harris said there was no official vote for or against the crossing guards. Beaumont said they don't receive a clothing allowance anymore.

Councilmember Cline said council didn't look at each job when it came to the increase, saying the guards' job is important but it needs determined if the guards are full-time. Cline said their job is important; it needs determined if the guards are full-time; full-time city workers includes benefits; the guards are covered by workers compensation. Beaumont said they've always been included in all raises. Councilmember Moore explained she is no longer a meter maid and a guard. He disagreed that the guard job is full-time; the meter maid job was an extra duty. She explained the meter maids worked every other work so as not to be considered full-time employees; they never worked a 40 hour work week.

Harris said full-time needs defined, explaining the other part-timers didn't get the increase either, saying they're a big part of running the city. He said its not discrimination. Harris said the question is why the guards were given raises in the past. Beaumont asked if they would get the same pay for the next 20 years. Harris said many part-time city employees understand they don't get increases. He said if council wants to increase the pay at some time for the part-timers, they can. Valerie Means said the part-timers are paid $7.08; crossing guards get $17.40 a day which is above the $5.15 minimum wage; the guards aren't considered full-time. Beaumont didn't feel her questions were answered. Harris thought it meant they aren't getting a raise.

Councilmember Minella reported the Finance Committee met with Councilmembers Moore and Kondik in attendance; they recommend items 1, 3, 4, 5, 6,7, 8, 9, 10, 11, 12, 13 and 14. He explained items 7-14 were bid separately; its for three trucks and saves the city $3,000.

Harris pointed out a couple of typos, saying it should be "second reading" "N. 10^th Street." A motion was made by Councilmember Mitchell, second by Councilmember Fletcher to authorize ordinance 1326 to establish a stop sign on the south side of the alley from N. 10^th Street at the intersection of N. 11^th Street. This passed 6-0, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Minella to authorize ordinance 1327 to establish no parking on the east side of N. 10^th Street from Figuroa Street for 200 feet south on N. 10^th Street. This passed 6-0, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Moore to authorize ordinance 1328 to establish no parking on both sides of the street beginning at 3313 Overbrook for a distance of 475 feet to the end of the street. This passed 6-0, so ordered.

A motion was made by Councilmember Moore, second by Councilmember Mitchell to authorize ordinance 1329 to establish a stop sign on the north side of Beverly Avenue at the intersection of Ingram Avenue. This passed 6-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Minella to authorize ordinance 1330 to establish no parking on the south side of Walnut Street for 40 feet in front of St. Paul's School. Kondik requested if it passes, to expedite the process. This passed 6-0, so ordered.

Harris noted the item had been tabled; a resolution was passed; this would remain on the table until removed. A motion was made by Councilmember Cline, second by Councilmember Kondik to remove an ordinance to address military leave of absence for public officials and employees for drills, parades, active duty etc. to remove it from the table. A motion was made by Councilmember Moore to approve the ordinance. The ordinance failed for a lack of a second. Harris explained it was approved in a previous meeting in a resolution form.

A motion was made by Councilmember Minella, second by Councilmember Fletcher to adopt a resolution to enter into agreement with Mountain State Blue Cross and Blue Shield, Wheeling, WV and Vision Benefits of America, administered by Acordia of West Virginia, Wheeling,WV, effective January 1, 2002. Councilmember Fletcher extended appreciation to those who reviewed the best proposals for the employees and for cost-effectiveness. He said council is in the position this year to do this again for the employees, extending appreciation to Means and the city for seeing workers compensation rates reduced which were high when they were seated on council. He said this benefit is important for the employees and it helps to retain employees. Councilmember Kondik commended Means and staff. Minella explained its important the co-pay be kept low and that the cost be paid for the employees. Harris agreed, saying a committee was put together by employees from all depts. He said there's increase in cost in health care for employees, the health care in the state is struggling; they city has survived but there are spiraling costs in the state. He said the cities will struggle to cover costs unless the state legislators make decisions to help cities generate revenue; he thanked employees for keeping workers comp low. Councilmember Cline stated its still a 17% increase. This passed 6-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Kondik to adopt a resolution requesting the Brooke County Commission change the language of the Brooke County Fire Excess Levy to return all taxes collected from Brooke County to Weirton, Weirton City Council.

Councilmember Moore asked about a separate line item account. Means explained there wouldn't be one because its part of the property taxes; it goes to the general fund. Harris said it is managed through purchases through the levy. Means said the money currently doesn't go through the city's hands. Councilmember Mitchell asked if the resolution is asks Brooke County to put the money into the general fund. Cline explained there would be an accountability for the dollars into the fire service; the Commission will mandate the accountability. Means said there is no special account now for that. Cline said if the request happens, the only change would be managed by the county clerk's office. Mitchell asked if council should request the funding to come to the city and make sure it is equal for each dept like it is now. Cline said it would be budgeted through council; the dollars have to be expended; it no different than what is done with the city's fire dept.

Harris explained to Moore that Brooke County agreed to make the Mary Weir Library a part of the general operating levy but didn't include the city in the improvements levy; as far as the fire levy, the city gets $7,000 for each dept, $28,000 total. He said the request is for the money to come to council for what they see fit for the Brooke County section of Weirton. Moore asked if council would ask the residents to support the fire levy. Harris explained no, the levy call hasn't been changed; its up to the residents to support the levy or not. Cline explained the county informed that council never made it an official act. Harris said the levy call needs completed by December 12^th.

Councilmember Fletcher inquired about adding another "Whereas" saying what Cline has stated isn't in the resolution. Harris said if this is approved, the city manager can send a letter that council would like to speak with them about the issue. Cline said the resolution doesn't ask for the $28,000 but for the dollars the city pays into, saying the city is in charge of fire protection. This passed 5-1 vote with Councilmember Mitchell dissenting, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Cline to adopt a resolution to enter into contract with Fire Force, Butler, PA in the amount of $14,225 for purchase of five self-contained breathing apparatus for Weirton Fire Dept. utilizing Brooke County fire levy funds. This passed 6-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Minella to adopt a resolution to enter into contract with Pennsylvania Police Supply Inc. in the amount of $18,526 for the purchase of 40 duty pistols and equipment for Weirton Police Dept. utilizing Coal Severance. Councilmember Moore didn't recall seeing a bid. Chief Fletcher stated there were three bids; the Finance Committee received the lowest bid. Kondik said the committee had been given a tabulation sheet with trade-ins. He said trading in the old guns lowered the price. He thanked Fletcher. This passed 6-0, so ordered.

Harris explained funding was given for the wall panels for the veterans monument in 1997 but weren't installed due to the expense and the veterans approached the city to purchase flags and other items; they might consider a microphone system for Veterans Day and such services. A motion was made by Councilmember Moore, second by Councilmember Minella to adopt a resolution to authorize expenditure of funding from WV Veterans Commission from the city's general fund $6,830 from the Governor's Contingency Fund to be used for the Veteran's Commission on a drawn down basis. This passed 6-0, so ordered.

Harris noted it's a joint project with ISU and city to construct monument to the steelworkers to be placed at the former synagogue lot next to the ISU; money came from Senator Ed Bowman from digest funds A motion was made by Councilmember Minella, second by Councilmember Cline and Mitchell to adopt a resolution authorizing application and acceptance for WV digest funds in the amount of $45,000. Harris explained to Councilmember Kondik that the lot has been negotiated; the money would come out of the digest. Councilmember Moore asked if the city has a lien on the property. Harris explained no, saying the deed wasn't filed in a timely manner, the city manager spoke to the owner; the city can purchase the lot at a decent price. This passed 6-0, so ordered.

Harris said it will be three year lease purchase; use of general funds. A motion was made by Councilmember Kondik, second by Councilmember Minella to adopt a resolution to enter into contract with Biggio, Steubenville, OH in the amount of $65,867.46 for the purchase of two 17,500 GVW dump truck cab and chassis model year 2002, utilizing Sanitation revenue. This passed 6-0, so ordered.

Harris said three year lease purchase, general funds. A motion was made by Councilmember Mitchell, second by Councilmember Moore to adopt a resolution to enter into contract with ?Zoresco Equipment, Turtle Creek, PA in the amount of $4,950 for the purchase of two 9 ft. snow plows for 17,500 GVW truck. This passed 6-0, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Moore to enter into contract with Zoresco Equipment, Turtle Creek, PA for the purchase of two hydraulic driven stainless steel 4.0 cubic yard v-hopper spreaders for 9ft dump bodies utilizing sanitation revenue. This passed 6-0, so ordered.

Harris noted the funding would come from the Sanitation revenue. A motion was made by Councilmember Fletcher, second by Councilmember Cline to enter into contract with Biggio, Steubenville, OH in the amount of $26,751.03 for purchase of one ton 4x4 pickup utilizing sanitation revenue. This passed 6-0, so ordered.

Harris said the resolution should state "Turtle Creek." A motion was made by Councilmember Moore, second by Councilmember Fletcher to adopt a resolution to enter into contract with Zoresco Equipment, Turtle Creek, PA in the amount of $2,316 for purchase of one 8 ½ foot plow using sanitation revenue. This passed 6-0, so ordered.

Harris said the resolution should state "Turtle Creek." A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to adopt a resolution to enter into contract with Zoresco Equipment, Turtle Creek, PA in the amount of $5,527 for the purchase of one hydraulically driven stainless steel 2.5 cubic yard v-hopper spreader utilizing sanitation revenue. This passed 6-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Moore to adopt a resolution to enter into contract with Zoresco Equipment, Turtle Creek PA in the amount of $26,050 for purchase of two 17,500 GVW dump truck bodies; a three year lease purchase and utilizing sanitation revenue and general funds. This passed 6-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Moore to adopt a resolution to enter into contract with Zoresco Equipment, Turtle Creek PA in the amount of $4,299 for purchase of a central hydraulic system for a one ton 4x4 pick up truck utilizing sanitation revenue. This passed 6-0 so ordered.

Harris said it would be added to the score of the entity by the audit committee during the audit process; Councilmember Cline and Valerie Means make up the committee. Harris added a firm that came in today: David Dilley, Chilicothe, OH. Councilmember Kondik asked if he could motion and then excuse himself from voting since he does business with one of the firms. Harris said he could abstain but not to make any motions. Mastrantoni explained it didn't have much to do with Robert's Rules than with Kondik's remarks and the recent ruling by the Ethics Commission. He explained Kondik would be using his influence to lead the discussions of the firms.

Means said this is part of the state tax commission rules. Harris told Kondik not to comment. Councilmember Moore motioned for Wiseman Hutzell & Co., Wheeling. The motion died for lack of a second. There were no motions for any of the other groups. Harris said therefore, the points won't be added. Harris responded to Councilmember Fletcher that he didn't think it necessary to amend the resolution to state that council won't be giving the five points.

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore Yes

Councilmember Kondik Yes

The motion to table passed 6-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Kondik for an ordinance to rescind ordinance 286 which established no parking on the north side of Morningside Court west of the intersection of Potomac Avenue for a distance of 80 feet more or less between no parking signs as marked. A motion was made by Councilmember Moore to table, second by Councilmember Fletcher. A roll call vote was taken with a yes is in favor of tabling, a no is opposed:

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore Yes

Councilmember Kondik Yes

Councilmember Cline Yes

The motion to table passed by a 6-0 vote, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Kondik for an ordinance to establish no parking on the north side of Morningside Court from Potomac Avenue to the dead end a distance of 730 feet. A motion was made by Councilmember Moore to table, second by Councilmember Fletcher. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore Yes

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

The motions to table passed 6-0, so ordered.

Harris hoped Councilmember Moore could meet with the Traffic Commission and residents of Morningside so it can be addressed at the last meeting.

Harris welcomed former City Manager Vince Azzarello.

A motion was made by Councilmember Fletcher, second by Councilmember Minella to enter into an executive session consistent with WV Code 6-9-A-4 to discuss personnel and or possible litigation. This passed 6-0, so ordered.

Council reconvened at 9:02 p.m.

Harris said he failed to put this on the agenda, per Councilmember Fletcher.

BEAUTIFICATION COMMISSION

A motion was made by Councilmember Fletcher, second by Councilmember Moore to appoint Chris Orrechio. This passed 6-0, so ordered.

Councilmember Cline commented the account services building looks good. Harris said its coming down. He said Rod Rosnick worked on this, explaining Weirton Steel agreed to take it down. Councilmember Fletcher commended Rosnick, saying he's worked on this for 5-7 years.

Councilmember Moore inquired about the delinquent accounts being 2.9% being standard or below. A.D. Mastrantoni said it's a little higher than what they would want, explaining its Christmas and tends to be a little higher. Moore asked about sanitary. Mastrantoni said it's on the same bill. He explained the delinquent dept. works with the customers but it's turned over to delinquent after 90 days; if a bill isn't paid in 30 days, it goes into a delinquent status. He explained the figure also includes those who are just late on their bill.

Councilmember Cline commented the report isn't complete. Chief Cole said he doesn't have it, explaining to the Mayor that he doesn't have the report for vol. co. 1. Cole said it goes on the council report.

Terry Weigel explained the system quit working because a member of the flag corp. came down the ramp and knocked the breaker. Harris thanked him for the work done on Ghouls in the Pool. Weigel said it's less of half of what was done last year.

A motion was made by Councilmember Cline, second by Councilmember Mitchell to approve the treasurer's report and to pay the general fund bills. This passed 6-0, so ordered.

With no further business before this, the November 13, 2001 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 9:12 p.m.

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