WEIRTON CITY COUNCIL

SPECIAL COUNCIL MEETING

June 19, 2003

A special meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on June 19, 2003 at 5:00 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: Joe Cicchirillo, City Manager, Valerie Means, Attorney Bill Fahey, Chief Cole, Brae Bryant, Rod Rosnick, A. D. Mastrantoni and Millicent Zack.

Mayor Dean M. Harris led the Pledge of Allegiance.

COMMUNICATIONS

Mayor Harris announced that he received a letter today announcing the retirement of Chief Gordon from the Weirton Police Department. Mayor Harris told Chief that he appreciated the last 1-1/2 years that they have worked together. Would like to wish Chief many good things in the future. Chief Gordon stated that it was a pleasure serving the citizens of the community for 28-1/2 years and that he is moving on to the second part of his life.

Mayor Harris would like to entertain a motion to have citizens comments, motion made by Councilmember Minella, second by Councilmember Ash, so passed.

Mr. Oliver stated that on the agenda there was an appointment for the Sanitary Board and he does not believe that this is the case. Stated he was put on the board in 1992, by council and his term expired in 1996 and was reappointed and that the new council took over in 1999 and was reappointed in October 2000. When appointed I was told that this was a four-year term and reappointed in 2000 so I don't believe you have a vacancy. It does not show up on the minutes of the council meeting and I know I was appointed by this council in 2000. Mayor Harris stated you were appointed in September 1995 and your term expired in September 1998. You were reappointed and your term expired in 2001 and we failed to reappoint you at this time. Vince Oliver stated that he does not remember it that way and now all of a sudden I need reappointed.

OLD BUSINESS

Mayor Harris stated that he would like to reconvene the canvassing board to certify the election results for the General Election held on June 10, 2003, Mayor Harris would like to entertain a motion to accept the final results of this election. Motion made by Councilmember Kondik, second by Councilmember Moore, any question to the motion, so passed.

NEW BUSINESS

Ordinance to rescind Ordinance No. 1354 which amended and re-enacted the Municipal Safety and Security Service Fee. Motion to approve made by Councilmember Cline, no second to the motion. This ordinance would not be enacted because of lack of second to the motion.

Ordinance establishing limit on expenditures by Weirton City Manager in excess of

Fifteen Hundred Dollars without council approval and all supplies and materials purchased by the City Manager in excess of Five Thousand Dollars shall be purchased on competitive bids. Motion to approve made by Councilmember Minella and second by Councilmember Moore, any questions to the motion. Passed 6-1 with Councilmember Ash voting no.

Ordinance to enter into an inter-governmental agreement in order to begin the process of the new state office building. Motion made by Councilmember Kondik and second by Councilmember Minella, Councilmember Moore had a question to the motion and he asked the City Manager, if by chance that this office building is not built would this property be transferred back to the city. Attorney Fahey stated that this is part of the ordinance and the proposal is to authorize the intergovernmental agreement between the city and the state by transferring the property as set forth in the ordinance and the contract simply provides that the agreement would provide the title transfer. Councilmember Moore asked if this was in the ordinance. Attorney Fahey stated that the contract has not been drafted, because Attorney Fahey has not been authorized to draft the contract.

Councilmember Ash asked if this passes tonight and the contract is written would the contract be reviewed by the new council before it is adopted. City Manager stated yes because you have to have two readings, so we hope Bill will have this drafted contract for the new council for review. Councilmember Moore asked about the size of the building, would you run that by me one more time. City Manager responded it is 39,000 square feet. Councilmember Moore stated by his calculations the building is approximately 35,000 square feet. All in favor signify by vote passed 6-1 with Councilmember Ash voting no.

Mayor Harris stated that he has been asked by our City Manager to suspend Robert's rules because we have an emergency agenda item to put on this evening and this is to deal with the garage door, which malfunctioned, at Gilson Avenue fire station. Mayor Harris asked for a motion to suspend Robert's Rules to include this on the agenda. Councilmember Minella made the motion second by Councilmember Ash, no questions on the motion, so passed. Mayor Harris turned this over to the City Manager to explain what has happened with this garage door. Apparently we received a call last night that the garage door automatic opener at the fire station door malfunctioned and came down and tore out a couple of panels and we have received a couple of the cost estimates to rebuild the door vs. replacing the door and the new opener. City Manager's suggestion is to replace the door rather than replacing the two panels at $1729.00 and you can get a brand new door for $2020.00 and replace the opener because this is what has malfunctioned and Chief can elaborate more if you have any questions.

Chief Cole stated that one of the things which was brought to the City Manager even after making the estimate on the door from Wayne-Dalton Door, that there would be no guarantee on the door because of the opener malfunctioning and we are recommending putting a new opener on the door and we were told that there are no parts available.

This will probably take a couple of weeks to get the door installed, currently we have a tarp over the opening of the station.

Mayor Harris asked to entertain an emergency reading for this garage door, because the door is currently unusable at this time. Motion will be to replace the garage door in the amount of $2,020.00 from Wayne Dalton including the opener at $766.00, totaling $2,786.00. Motion made by Councilmember Minella, second by Councilmember Gianni, no question to the motion, roll call vote.

Councilmember Ash - Yes

Councilmember Moore - Yes

Councilmember Gianni - Yes

Councilmember Mitchell - Yes

Councilmember Cline - Yes

Councilmember Minella - Yes

Councilmember Kondik - Yes

This passed on an Emergency Reading by a 7-0 vote.

Appointments to Various Boards and Commission

Mayor Harris stated that we have two appointments to the Sanitary Board the First Appointment is Mr. Chuck Wright - 140 Grimm Way - Weirton, WV. Term beginning July 1, 2003 to June 30, 2006. Motion made by Councilmember Minella, second by Councilmember Cline, any questions on the motion Councilmember Moore asked Mayor Harris why he is making this appointment when he has a new Mayor and Council and Councilmember Moore feels this should be his appointment. Councilmember Gianni stated based on Mr. Oliver's discussion do we have minutes to reflect when the appointments were made. Mayor Harris stated he does have minutes to reflect all the appointments. Councilmember Ash would like to make a motion to table these appointments until the new administration is on board, second by Councilmember Moore, Mayor Harris asked for a roll call vote:

Councilmember Moore Yes

Councilmember Gianni No

Councilmember Mitchell No

Councilmember Cline No

Councilmember Minella No

Councilmember Kondik No

Councilmember Ash Yes

This failed by 5 to 2 vote. Council you have a motion to second Chuck Wright 140 Grimm Way to the Weirton Sanitary Board, no further questions signify by stating I, This passed 5 - 2 with Councilmember Ash and Councilmember Moore voting no.

Motion to approve Mr. Frank Dorsch 136 Circle Drive Weirton, West Virginia as a reappointment to the Weirton Sanitary Board from July 1, 2003 to June 30, 2006. Motion made by Councilmember Minella, second by Councilmember Kondik, vote passed 5 -2 with Councilmember Ash and Councilmember Moore voting no.

Mayor Harris stated that we have suspended Robert's Rule already tonight and now I would like to call for an executive session to discuss contractual matters, motion made by Councilmember Minella, second by Councilmember Cline, so passed.

Reconvene after executive session.

This one more agenda item is an agreement with Weirton Steel and due to an ethics commission ruling Weirton Steel employees and retirees are not to be here involving Weirton Steel contracts.

Joe Cicchirillo, City Manager stated that Weirton Steel has filed pre Chapter 11. Today Weirton Steel owes the City in pre-chapter 11 and post chapter 11 payments. Pre Chapter

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11 are what we will deal with today. Weirton Steel owes the city approximately $538,000 in pre chapter 11 payments which consists of approximately $134,000 in Fire and Police Service Fee, $100,000 in permits and the remaining in lieu of payments which were in lieu of taxes. Any agreement which was originally signed the in lieu of payment since Weirton Steel filed chapter 11 would be null and void and non-existent. At this point Weirton Steel and the City of Weirton have a verbal agreement and Weirton Steel would like to make a contractual agreement, that instead of $538,000 originally owed to the City of Weirton, they would like to settle for $260,000. This $260,000 would cover the $234,000 in fire and police service fee as well as $100,000 in permit should the bankruptcy court allow the city any revenue from the pre-chapter 11 filing. What we are asking today, Virgil do you have any comments. Virgil Thompson stated that we currently owe the City $538,000 and what we want to do is have the city enter into a letter of agreement which states that the city agrees to receive $260,000. We are not clear on how much the $538,000 would be discharged in bankruptcy, we know that bankruptcy court may or may not approve the fact that we are making over $260,000 payment, but we are asking the city to enter into agreement of understanding that if the bankruptcy court disapproves of the payment that we will not receive the money. City Manager stated that therefore the $260,000 would be put into an escrow account at this point until we have a ruling of the bankruptcy court. We are allowed to keep the money because it is a fee not a tax and if bankruptcy court rules in favor of $260,000 it would go back into the General Fund, if not this money would be returned to Weirton Steel through bankruptcy court.

Attorney Fahey stated to cover contingencies you may want to put in there that if the discharge is denied by bankruptcy court then the full $538,000 could be reinserted by the city. City Manager stated that this would be difficult because there is a statement in the in lieu agreement that if they file chapter 11 the in lieu of agreement is null and void. Attorney Fahey stated in just filing does not make the agreement null and void. Attorney Fahey stated that since we are reaching a compromise on your claim with the possibility of paying it back, council may want to consider the other option that if they are denied the discharge then the full claim can be reinserted. Virgil Thompson stated that we believe the amount due on the pilot agreement is dischargeable during bankruptcy. City Manager asked Attorney Fahey to look into the bankruptcy and file on behalf of the city.

Virgil Thompson stated what Weirton Steel is asking for council to give the City Manager the authority to enter into a letter of agreement with two signatures to settle on the amount that is currently due after June 30, 2003. Attorney Fahey stated what he is proposing that it go on to state if the $260,000 is paid and accepted by the bankruptcy court that this ends it, if the $260,000 is to be paid back by the city and the discharge is not granted then the full claim can be inserted. Councilmember Ash made this a motion, second by Councilmember Gianni, so passed.

ADJOURNMENT

With no further business before this June 19, 2003 special session of the Weirton City Council the meeting was adjourned after the closing prayer.