WEIRTON CITY COUNCIL

SPECIAL MEETING APRIL 15, 2003

A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on April 15, 2003 at 5:30 P.M. in Council's Chamber of the Municipal Building.

Councilmembers in attendance: Councilman Ash, Councilman Moore, Councilman Gianni, Councilman Mitchell, Councilman Cline, Councilman Minella and Councilman Kondik

City Officials in attendance: Brae Bryant, Bob Riccelli, Valerie Means, Joe Cicchirillo and Millicent Zack

Mayor Dean M. Harris led the Pledge of Allegiance.

Mayor Harris would like to entertain a motion to suspend Robert's Rule of Order to allow for citizens comments. Motion made by Councilmember Ash, Second by Councilmember Moore, no question to the motion, so passed.

NEW BUSINESS

Resolution to adopt the Levy Rates for 2003-2004 Fiscal Year. Motion to approve made by Councilmember Minella, second by Councilmember Cline. Mayor Harris asked the City Manager if this in any way was an increase to the rates, City Manager responded no, all in favor, so passed.

Resolution to enter into contract for Engineering services for the reconstruction and/or resurfacing of Greenlawn Blvd, Forest Road, Scenic Road, Valley Way and Sharon Drive

with HDR Engineering, Inc. 333 Penco Road, Weirton WV. 26062. This resolution will reflect that we remove Greenlawn Blvd., Forest Road and Scenic Road. Mayor Harris asked for a motion to approve this resolution. Motion made by Councilmember Cline, second by Councilmember Minella, any question to the motion. Councilmember Cline asked with these three streets being removed does this reflect on the amount of the contract price. Brae Bryant, Public Works Director stated the amount of the contract would change to $30,000.00 instead of $55,000.00 for engineering services to Sharon Drive and Valley Way. Mayor Harris stated the original study was to do the engineering study on Greenlawn, Forest and Scenic, but after taking a look at these streets they have already been overlaid over time. It is our belief the condition on Valley Way and Sharon Drive are different than the other three because it does not appear to be any significant condition caused by water issues. After discussion with Brae I asked if there really was a need to do the three streets in question, simply because they are cement. Mayor Harris asked Brae to comment. Brae stated that going back to fiscal year 2002 Councilmember Chris Fletcher asked to include in the study with Valley Way and Sharon Drive, that these three streets be included in the engineering study. Originally asked for long term solutions in regards to the rehabilitation options. You have different characteristics with Valley Way and Sharon Drive which are not present with the other three streets. Personally if you overlay Valley Way and Sharon Drive without addressing subsurface problems you would be throwing good money away; however this is not the case with Greenlawn, Forest and Scenic.

Dave Cline stated what it comes down to if you were a growing, thriving city you would take these radical moves to fix the problems on these three streets, but it seems to be no long term pot of gold. What Dave Cline hopes to come out of this study is a long term solution on concrete streets and how concrete streets should be constructed in the future.

Mayor Harris stated it is important to point out if you look at a lot of streets even downtown these streets are concrete streets and they have been overlaid, when looking at these streets we have done the overlay.

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Councilmember Moore asked if the engineering study would still be $55,000.00. Brae stated that it would be $30,000.00 removing Scenic, Forest and Greenlawn. Councilmember Mitchell asked then the lump sum on the agreement of $45,000 will not be in the agreement. Brae stated that the scope of services will change and Wayne Kaufman is very confident that $30,000.00 will do the two remaining streets.

Mayor Harris asked for an amendment to remove the three streets Scenic, Forest and Greenlawn and to adjust the $55,000.00 to $30,000.00 which will cover the engineering study for Valley Way and Sharon Drive. Councilmember Cline made the amendment to the resolution and all places in the agreement should reflect the resolution, second by Councilmember Mitchell, so passed.

Resolution to enter into contract for city wide milling and paving with Carl Kelly Paving, Inc. 4260 Freedom Way, Weirton, WV. in the amount of $787,000.00. Motion for approval made by Councilmember Minella, second by Councilmember Kondik,

Councilmember Moore stated to Brae that he took some pictures of Donnell and Fernwood and in looking at these two streets they are in very bad condition. Brae stated that you, as well as, six other councilmembers, the Mayor, City Manager, staff which is present and myself will agree what you have in front of us fall very short with regards to reaching our issue of poor roads. Councilmember Moore stated he still feels these two streets should have been included with the street paving.

Councilmember Ash stated he sees that the 3900 block of Orchard Street between the playground and Weirton Steel parking lot being paved and he sees no need for this area other than the school buses that use this area, Marland Heights Road from Wood Street and also West Street to Elm Street on Virginia Avenue which would benefit the Union Hall and maybe two or three houses, we do have a motion to second and I would like to amend this to eliminate those three streets and to do Market Street where school buses and children use this every day. Would like to do as much of Market Street as possible. Brae stated we do not have costs associated with this street and we did develop this list, and have received competitive bids. Councilmember Ash interrupted stating that he had a motion on the floor which needed a second and then this can be discussed. Mayor Harris stated there is a motion to amend the resolution to remove the three streets in question by Councilmember Ash and to include Market Street, second by Coucilmember Moore.

Councilmember Minella asked where was Market Street. Councilmember Ash stated down by Happy's. Councilmember Cline stated he would hope that given direction to staff that they have evaluated the street condition and the amount of usage and consider the streets which need to be repaired, hopes that Councilmembers had some input but not demanding input before the list was put together. They cannot pave every street at the whim of a councilmember's request, which would be known as political paving. Councilmember Cline stated he is not questioning whether or not Market Street needs done or not, but what happens in the end if we don't let staff make the decisions and recommend them as a package. There is a danger of each individual councilmember doing what they want to streets in their wards.

Councilmember Kondik stated he spent approximately two hours with Brae riding around Marland Heights on the streets that need paved and there were a lot of streets that he thought weren't as crucial as others and some that I thought vice versa. We spent a couple of hours riding around and I feel all councilmembers should do this because it is very beneficial.

Councilmember Cline stated he actually disagreed with the staff and I have accepted what staff has said, I am not a professional, if I get involved I get the credit and the blame.

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Councilmember Ash, Mayor if you look at the 2900 Block of Orchard Street this would benefit no resident whatsoever, West Street to Elm Street again you benefit the Union Hall and one house, if you look at Marland Heights Road from Wood Street to Main Street you will benefit residence of Marland Heights who use this road everyday to go to Marland Heights of some of 3600 and 3700 block of Orchard Street. I know you are not accusing me of being political, but we are political and I am not doing this amendment for any political reason I am doing it because children use the school buses everyday and Market Street is in bad shape.

City Manager Joe Cicchirillo asked if it is possible could we do some kind of compromise here to take the Orchard Street and Virginia Avenue out and keep the Marland Heights road and use this money to pave Market Street.

Councilmember Ash stated he would go along with that if council agrees. Mayor Harris stated he has one question, because these streets are being paved out of CDBG does Market Street apply for CDBG Funding. Councilmember Ash stated that the entire Ward IV is CDBG Eligible.

Councilmember Ash made an amendment to accept the removing the 2900 block of Orchard Street and West Street to Elm Street on Virginia Avenue and to move those funds to do the Market Street area as much as $33,000.00 will allow. Motion second by Councilmember Kondik. So passed.

Mayor stated you have a motion and a second to accept Carl Kelley Paving, Inc. 4260 Freedom Way in the amount of $787,000.00, Mayor asked what are the plans for Scenic and Greenlawn.

Councilmember Gianni stated that Joe, John Brown, Mayor Harris and myself met up on Greenlawn and did go over the roads and the quote which you see in front of us does not include from Carl Kelly the pricing for those two streets, in the budget we have $802,878 and we have a total quote including Scenic and Greenlawn, $868,878 and I would like to add these two streets in if we can come up with the funding. Joe Cicchirillo stated the difference is 66,000.00 and I understand, Brae stated that CDBG paving came in over budget and we budgeted 79,504.00 and it came in at 89,410.00. I contacted Beth on Friday and she was able to secure funding for the cost of CDBG paving. Brae stated we have an additional 9,910.00, so that puts budgeted amount at $812,788.00 and if you include the cost on the bid sheet for Scenic and Greenlawn we will then be short $55,707.00. Joe suggested that each July we receive money from the Hancock County Video Lottery funds a good portion of this money is used for paving, if Mr. Leonard who represents the paving company if he would defer the invoicing on this until after July 1, we could probably use this money and then next year's paving would be short the 55,707.00 we would be doing it a few months earlier. Councilmember Cline stated that he spoke to Brae and to get some of these problem streets done does not see a problem with this, we have to make this work we have problems that we have to take care of. Mayor Harris stated in reviewing these streets they are going to have to be done next year anyway and since you have the equipment in the area it would be cost feasible to have these streets done this year. Councilmember Ash if we are going to defer the 55,000.00 until after July 1, 2003, did you say you have another $9,000.00 from CDBG money. Brae stated yes to cover what the streets came in at. Councilmember Mitchell asked this is not extra money it is just to cover the streets that you are doing. Councilmember Kondik asked if Carl Kelly Paving agreed to defer the 55,000.00. Brae stated yes. Councilmember Ash asked if we are allowed to obligate the next council. Joe Cicchirillo stated that this is not money which comes through our books, this is billed directly to Hancock County. Mayor Harris stated I have a motion and a second. All those in favor to the amendment signify by saying I. All in favor, so passed.

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Resolution to enter into contract for the contract for the Purchase of Two 37,500 GVW Dump Trucks with snow plows and spreaders with central hydraulic system from West Gate Truck, 3680 Leharps Road, Youngstown, Ohio in the amount of $162,428.00.

Motion to approve made by Councilmember Minella, second by Councilmember Cline, so passed.

Resolution to enter into contract for the purchase of a Sidewalk Sweeper from H & K Equipment Company, P O Box 52, Carnegie, PA. 15106 in the amount of $18,782.34.

Motion to approve made by Councilmember Gianni, second by Councilmember Minella, any question on the motion. Councilmember Mitchell asked if this was the same type of sweeper that we purchased last year. Brae Bryant stated no, that this is a rider. Councilmember Mitchell stated this is $18,000.00 to sweep sidewalks that businesses should be doing on their own, is this correct. I go downtown every morning and I see three places on Main Street that businesses are doing their sidewalks and these are the only three places I see sweeping, $18,000.00 seems like a lot of money to me and I know it was budgeted, but this is my opinion and I am going to have trouble voting for this. Councilmember Moore asked what is wrong with the one that we just bought last year, the walk behind. Brae stated we bought the walk behind to supplement this rider, it was understood back then we bought this because we did not have funds associated with the purchase of a rider unit. Some members of council compromised for the walk behind until we could get to the next budget year. Both of these units will work in conjunction with one another, there are places that the walk behind cannot get to. Councilmember Mitchell asked if someone on the hill called and asked for their sidewalks to be clean, could you send it up to Weirton Heights. Brae stated right now he does not have the manpower budgeted to address every business's request. We are budgeted to handle the downtown area right now. Councilmember Cline stated most of the people on Weirton Heights clean their own sidewalks, they are responsible. Councilmember Moore asked what about the riding sweeper we bought a few years ago. Brae stated based on environment it does not give us the productivity level that we are looking for, it is a good indoor industrial type of machine and we will be auctioning that sweeper off. Councilmember Ash stated he agrees with Councilmember Mitchell on this, we have four code enforcement officers and there is no reason that people cannot sweep their own sidewalks, the previous Mayor sent out a letter telling businesses that they had to sweep their own sidewalks, there are codes out there and the code enforcement officers can enforce this.

Mayor Harris stated he does not totally disagree but if you look at areas downtown you have parking lots which the city owns and you can make a difference in the community. You have some areas that we are responsible for that are not business related. Mayor stated I have a motion and a second all in favor signify by saying I. Passed 6-1 with Councilmember Moore voting against.

Resolution to enter into contract for purchase of One Front End Wheel Loader from Beckwith Machinery, 4565 William Penn Highway, Murrysville, PA. 15668 in the amount of $93,672.00.

Motion made by Councilmember Minella, second by Councilmember Mitchell, so passed.

Resolution to authorize contribution to the Weirton Transit Corporation for the construction of Bus Shelters in the amount of $1,500.00.

Motion made by Councilmember Cline, second by Councilmember Minella, question to the motion. Councilmember Cline asked how many shelters. Joe Cicchirillo, stated 5 and this is the 20% of the funds necessary, they have picked the 5 spots and have asked Mr. Hinchee to send a copy to council of the five sites. The only thing which the Transit has to get is the right-of-ways

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from the Department of Highways. Councilmember Ash stated that every time we associate ourselves with an autonomous board by donating money to them , and something happens we are immediately named in a law suit because we have associated ourselves with giving them money. Thought we had talked about stopping this kind of action for the autonomous boards so we are not aligned with them. Mayor Harris stated he thinks no matter what the autonomy of the transit we are tied to them, their money flows through the City of Weirton, with or without bus shelters this will not tie us any closer to transit on doing a match on this grant. I am not disagreeing but we are tied to them and don't know if they will ever be a stand alone agency.

I do commend the transit board and their director. Councilmember Moore does the bus system make private stops at homes if they are called. Joe Cicchirillo stated yes they do if they are handicapped, because the transit has a bus equipped to handle handicapped. They will make calls upon demand. Councilmember Moore have they done a study to see where to place this shelters.

Mayor Harris stated the study was completed that looked at the ridership and routes.

Motion and a second all in favor signify by saying I. Passed 5-2 with Councilmembers Ash and Moore voting no.

Resolution to authorize the City Manager to execute a memorandum of understanding between the City of Weirton and Boys and Girls Club of Weirton.

Mayor Harris stated he will call on the City Manager to explain the memo of understanding. Mr. Cicchirillo stated that the Boys and Girls Club has received a grant in the amount of $25,000.00 in which they will use to purchase a new bus. The memorandum of understanding is being issued by Mr. Vargo with the idea that Social Services can utilize this van and that van will replace the one we currently use and will be taken out of services. However, at the end of the lifetime of this van, when they sell this van the proceeds will go to the Boys and Girls Club of Weirton.

Motion made by Councilmember Mitchell and second by Councilmember Gianni to execute the memorandum of understanding. Any question on the motion, Councilmember Cline stated this is a good cause, we are going to fuel it, up keep and maintain and in the end they get to keep it, I suppose the fueling, insurance and up keep is our payment of lease to use it. We should monitor

to make sure that the fuel, up keep and insurance is equal to the value for services going toward the city. I can't see them taking a lot of trips and the City of Weirton paying for the fuel, we need to be up front that we are not going to pay for fuel for trips. Councilmember Mitchell asked if we do this now for the van they already have. Joe stated Yes, the only thing George wants that after ten years should he decide to get another one and sells this for $1000.00 to $1500.00 this funds go to the Boys and Girls Club. Councilmember Moore asked if they could use any other services like Change, Inc. or the Weirton Transit, it seems as if we have a duplication of transit, everyone seems to be in the transit business. Joe Cicchirillo stated that Change, Inc. is to take people from Weirton to work. The Social Service Van picks up kids from school and brings them to the Boys and Girls club facility for after school hours, also takes seniors who cannot ride the regular transit to the store or to the doctors. Joe stated that Ann Jackson is here and if Ann would like to add something. Ann Jackson stated that they try not to overlap services and thinks it is true with all the social agencies in the city and we don't go into other services territory. We have clients that are so fragile that they are not able to use public transportation. We service public housing because they cannot afford a taxi or the bus service. No further questions all in favor signify by saying I, so passed.

Resolution to enter into contract for the purchase of one 9 foot utility bed, one 12.5 gallon air compressor and 1500 lb. Capacity lift gate for City of Weirton shop truck from Baker Truck Equipment Company, State Rt. 60 at Mynes Road, P O Box 82, Hurrican, WV. 25526 in the amount of $9,698.00.

Motion to approve made by Councilmember Minella, second by Councilmember Mitchell, so passed.

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Resolution to authorize the Conveyance of Parcel 95, Map W42M to the Redevelopment Authority of the City of Weirton.

Motion to approve made by Councilmember Gianni, second by Councilmember Cline, question to the motion. Councilmember Ash asked where was this property located, Joe Cicchirillo stated this was the Pete Caritis property. Councilmember Ash asked about the other two lots located next to this property that are parking lots that Weirton Steel owns, are you going to get these lots? Joe Cicchirillo stated that he is currently working on this, but has not secured them as of yet. Councilmember Ash stated the reason he asks because when he looks at the City Manager's hometown of Follansbee he sees a real nice area where kids play basketball and have street hockey and thought if we could get these other parcels we could put in a park in the downtown.

Councilmember Cline stated we might have something even better, a prospect for a business. Councilmember Ash stated there are a lot of empty buildings downtown which businesses could locate. Joe Cicchirillo stated that we have approximately 15 parks including Starvaggi and Marland Heights which we have to maintain, I don't know if it is in our best interest to put a park in the downtown. Councilmember Ash asked if there was something the redevelopment authority is looking at. Joe Cicchirillo stated they have been approached by a couple of prospects.

Bob Riccelli stated he appreciates his concerns but after conferring with legal counsel because of the nature of the competitiveness of the private sector we are not allowed to discuss this. We cannot violate any issues of a private development, this is however within the guidelines of the Redevelopment Authority. The confidence this council has to have is with the Redevelopment Authority. Before a final decision is made council will have the opportunity to deny, so ultimately you will have a voice in the final decision.

Councilmember Ash stated the only concern he has is exotic dancing and does not want to accept something like this. Mayor Harris stated there is an ordinance in place which denies exotic dancing.

Have a motion and a second, passed 6-1 - with Councilmember Ash voting no.

Mayor Harris before adjourning the meeting asked Public Works Director, Brae Bryant to please pass along to all his employees that they did a wonderful job in cleaning of the streets and sidewalks.

Meeting adjourned at 6:35 p.m.