A meeting of the Common Council of the City of Weirton, Brooke and Hancock Counties was held on December 11, 2000 at 7 p.m. in Council's Chamber.

Councilmembers in attendance: Charlie Mitchell, D.J. Minella, John Moore, George Ash, George Kondik, David Cline and Christopher Fletcher.

City officials in attendance: A.D. Mastrantoni, William Fahey, Terry Weigel, Brae Bryant, Chief Fletcher, Valerie Means, Ric Rekowski, Chief Cole, Melissa Farley, Rod Rosnick, Gene DelGreco and Dan Mastrantoni.

Mayor Dean M. Harris led the Pledge of Allegiance.

A motion was made by Councilmember Minella, second by Councilmember Cline to approve the minutes of the November 13, 2000 Regular Session & November 28, 2000 Special Session. Councilmember Moore corrected under the Special Session, Councilmember Cline's vote was duplicated. The minutes as corrected passed 6-0-1 with Councilmember Ash abstaining since he wasn't at the special session. Harris said the City Manager's secretary had pneumonia; they were short-staffed; there might be a few typos.

Harris asked Councilmember Kondik about a letter written to The Intelligencer which stated someone in the city administration had informed Kondik not to appear for a special session so the mayor could break a tie vote in favor of the police and fire service fee. Kondik said he was upset by the letter, saying the person should've called him. He made vacation plans six months in advance, saying the letter's facts aren't correct. He explained not missing a regular council meeting--this was a special meeting. He agreed with Harris there wasn't a need to search out the administrator. Councilmember Cline recalled Kondik had requested the meeting to be rescheduled. Harris said the letter's insinuation that Kondik shouldn't come to the meeting so the mayor could break a tie is void of facts. Kondik agreed there wasn't any truth to the comment in the letter.

Councilmember Moore said a businessman contacted hin about receiving a letter from the code enforcement dept. which stated the peeling paint must be scraped off and repainted in 30 days or he would be brought to court and fined. Moore didn't understand sending the letter in December, saying the enforcement dept should be more concerned with the timing. Rosnick explained a letter is issued if there's a violation and dept. policy is a 30 day time frame but the person could write for an extension if the weather isn't feasible. Councilmember Ash said he asked Rosnick for a shorter time limit, hoping Rosnick would continue vigorously in ward four.

Ash said council received a letter from Specialty Risk Services Inc; George Velegol is the claimant; the city is the insured. He read it, saying coverage for pending lawsuit was disclaimed in a letter dated Oct. 13, 2000; in another paragraph it stated after further review, they found the initial coverage proper. He further read they maintain the coverage in loss is excluded under reference policy. Ash said council spent $125,000 for vehicles and will spend another $105,000 tonight and purchase a computer. He asked where the money would come from if council loses this and they're required to pay back the service fee money. He understood Public Works and the police dept. have some problems, wishing this could be pushed through the courts and resolved. Harris agreed, saying council wouldn't have a choice but to find a way to generate revenue if the fee is thrown out. Means said over a million dollars would have to be returned. Harris said the fee was to offset the deficit but council will have to find revenue if the fee is thrown out. Fahey said he met with counsel representing the petitioner and they're trying to move along the time.

Kondik received a letter from City Engineer Frank Dorsch regarding Marland Heights Road which stated observations of Marland Heights hill. Kondik read it: the slippage on the right looks stable, concrete at the bottom has a run that seems okay and the sewer leak years ago caused the slip above which appears stable. The letter stated Dorsch will increase his watch during the winter months.

William Matthew, 145 Lafayette Circle was away when he received the letter about the bow hunt. He said he came to find some answers and was informed the insurance company wouldn't cover the hunt. He asked for the difference between hunting on private and public property. Mastrantoni explained the city would become a third party to any accident on private property because the city permitted the activity when it has the right not to. He explained that the city's insurance, Penco Insurance underwritten by the Hartford, determined municipalities normally don't engage in a controlled hunt so they excluded coverage. Mastrantoni said he requested written declaration for the exclusion but is still waiting for it. He said the hunt controlled the herd, a safety issue for motorists and reduced property damage; the city won't have a hunt this year but next year maybe they can configure an association with a cost per member. He said they city has had a safety record for 11 years without a safety hazard. Matthew suggested informing Hartford that Bethlehem and Wheeling have bow hunts.

Jerome Connell, 160 N. 24^th Street commented on council's agenda to relocate power poles and widen Sarah Street. He said the subdivision there was on hold; at the Planning Commission meeting, they approved it as proposed; the subdivision would have six duplexes, 42 fott right of way, 28 paved from the end of the property line to the cul-de-sac at the north end. He said the Commission meets Wednesday for final approval of the subdivision with a variance to permit reduction of roadway width on Sarah Street for Weirton Health Care Inc. He had spoken with city staff about if there was a meeting with zoning or planning to find out how a variance had been approved. He learned after speaking with DelGreco that with a subdivision they don't have to go to zoning to have a variance initiated. He discussed attending meetings about the subdivision, saying the developer tried everything short of a dictate and council is taking this on in good faith but arent' aware of what is going on in the background. He said the subdivision won't look like anything that was passed by the Planning Commission; variances shouldn't apply for new subdivisions.

Harris called upon staff. DelGreco drew on the chalkboard, saying a 42 foot right of way was approved; a 28 foot road could be put there but Sarah Street, a city street has a 10 foot paved width and 17 feet. He said the subdivision meets regulations; the proposed variance is taking the 28 feet and narrowing it down to 21 feet for a smooth transition. He said it has to go to the Planning Commission on Wednesday. He described Sarah has a right angle and a 17 foot paved portion of it and 10 feet paved. He explained a portion of Sarah is perpendicular to N. 24^th and it is on council's agenda to wide it to 23 feet and the 10 feet would be widened to 21. He showed where the duplexes would be located and the developer will have a 42 foot right of way, 28 feet pavement but it will be made to meet the 21 foot.

Councilmember Ash asked why its on the agenda if it hasn't gone to the Planning Commission. Mastrantoni said the perpendicular section is on the agenda; preliminary approval was received but the city can't provide fire protection because of the power poles and narrowness. Moore asked why both poles need moved. Mastrantoni said they're only 15 feet apart. Ash said if council isn't sure they can develop there, why would they move the poles. DelGreco said they can develop there because they were given preliminary approval from the Planning Commission. Ash asked if it will cost the city $8,600. Mastrantoni said council has a letter with the amount.

Kondik asked if its voted against, is there a law for the city to provide adequate roads. Fahey said he would have to research it but right now council isn't in any violation because there aren't any people there; if a structure is put up and occupied, council has to provide safety to the residents.

Councilmember Mitchell said if the poles are removed, could the truck make a swing. Mastrantoni said they may make the swing but there's no pavement. Harris said its two fold, the poles need removed and the street widened. Moore asked if all the streets should be the same in width. Mastrantoni said the right of way at Sarah has only been established at 25 feet and there's an adjoining property owner and the city has conducted a fair market value of appraisal to the property, they will need to purchase 17 feet more feet of this property. He said he offered to purchase the property which would be brought to council but he hasn't heard anything. He said the staff is working on establishing roadways consistent with the rights of way and paved roadway requirements throughout the city.

Moore stated council would be passing this before buying the property. Harris said this has been a good discussion but will be discussed again when the issue comes up than to be redundant. He told Moore there usually isn't much discussion; its on the agenda and the discussion will take place again but it should be fresh in council's mind before they make a decision. He understood the questions Connell had. Connell said this isn't the only route; the person owns property all the way to Arango Street off of N. 20th^th which is a shorter distance and more level across his own property but he wants to be cost consciousness and get the city to pay as much as possible. He said Arango street is 30 feet wide, Sarah is only 25; Sarah has a 90degree right turn but not Arango, when it comes off north 20^th street it's a straight shot to his property. He asked why put hardships on people and the city when there's another way. He said this is the cheapest way but doesn't mean it's the best way. Councilmember Minella told Connell he did an excellent job putting all the information together and appreciated him bringing it to council.

Councilmember Minella reported the Finance Committee met Thursday with he, Councilmembers Moore and Kondik in attendance along with other guests. The commission recommended items 7, 9, 10, 11 & 12.

Mastrantoni explained that council asked good questions at the last meeting; they're trying to get a definitive price and data for council to review; they went to third party vendors to get some prices but the third prices haven't been able to give prices yet. He said staff recommends this to stay on the table. Councilmember Mitchell asked if this could be discussed without making a motion. Harris said no.

A motion was made by Councilmember Mitchell, second by Councilmember Ash to authorize ordinance 1307 to rescind ordinance 968 which established no parking between the hours of 8 a.m. and 4 p.m. on school days in front of Dunbar School. This passed 7-0, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Kondik to authorize ordinance 1308 to rescind ordinance 576 which established loading and unloading zone, 15 minute limit in 3200 block of Orchard Street in front of former Enich's Market. This passed 7-0, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Moore for an ordinance establishing an application process, designation and maintenance of residential disability parking spaces on public streets within the corporate Municipal Limits of the City of Weirton. Councilmember Cline motioned to amend the ordinance to strike the last sentence on the last page, section 1, paragraph 3. He said its being too specific. This was second by Councilmember Moore. The amendment passed 7-0, so ordered. Councilmember Ash asked if someone who already has a sign if it would be addressed that they would pay the fee after the second year, asking if there's provision. Mastrantoni said there isn't one but it could be amended. Ash said it would cost the people $40 now for their placard number for existing spaces. Councilmember Cline said he didn't think it would have to be in the ordinance because there's already ordinances for those parking space but if they wanted to comply, they could probably do that. Ash said anyone could park there because its not specific for that person. It was discussed these are grand fathered. Fahey agreed, saying council could rescind the current handicap spots and add this. Harris asked if they would send letters to those who have handicap parking. Mastrantoni said if council wanted to establish a window of opportunity for those who already have spaces, they would have to send notices and wait for the persons to come forward. Mastrantoni said they could be notified without amending this ordinance and they choose not to have it exclusive then it would stay out there for generic use. The amended ordinance passed first reading 7-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Cline to adopt a resolution to purchase granular activated carbon media replacement for water treatment plant filters American Water Resources, Vorhees, New Jersey, in the amount of $37,355. This passed 7-0, so ordered.

A motion was made by Councilmember Moore, second by Councilmember Minella to adopt a resolution to enter into contract with Cattrell Companies, Toronto, Ohio in the amount of $2,840. This passed 7-0, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Moore to adopt a resolution to enter into contract with Whatman, Inc., Tewksbury, MA in the amount of $1,193 for purchase of a zero air generator for the water treatment plant. Councilmember Cline commended the board for finding ways to save the city money with operations. This passed 7-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Kondik who noted he was doing so for discussion purposes to adopt a resolution to relocate power poles and widen Sarah Street at a cost of $8,658.84. Councilmember Fletcher said as a council representative on the Planning Commission as the process went through, there was a great discussion and efforts for an agreeable process to make this transition happen and provide city services. he said at the Commission he had concerns and expressed it and he was the only one to vote against it. He said commission has put them in situation where council has to get involved. He said they have accepted the proposed subdivision as it meets all the city regulations but he felt it was lacking a process for planning commission to go though a process where the city can accept the road nonconforming and develop Sarah slightly. He said it didn't happen. He said Joe DiBartolomeo had rendered a n opinion that it wasn't within the commission role to provide a variance or to accept it other than what the regulation called for. He said he requested a joint workshop with the commission and council but it didn't materialize. He said the commission has put council in a difficult situation; and now council has to figure out how to get their fire and garbage trucks there. Councilmember Mitchell asked if there's another way in the subdivision and have they explored it. Rosnick said the commission has given preliminary approval of the subdivision and he can't be forced to gain access elsewhere. He said the situation is if council could choose they could purchase another property, showing where the empty lots are, saying they could purchase it through eminent domain to get enough from each property to get a 42 foot right of way back up to 24 th street. Mitchell said he understands the commission has given approval but there's no way they could give approval for the other way. Rosnick said they could but there's no emphasis for the developer to go back and do that; he has permission to build a road there and Rosnick has to issue him building permits. Kondik said he thinks legally, the city has to provide fire protection, garbage etc. Harris asked Mastrantoni if there's slopes involved with Arango. Harris said the developer has permission, council might be facing this widening later. He said Mr. Connell is correct, the city made cow paths etc. but now there's development, it has to conform; everyone is in a tough spot. He said with Arango Street, its not up to staff or the commission to tell him to run it to Arango. Moore asked Rosnick if its possible to use the street off of Pennsylvania Avenue next to Capito. Rosnick said they wouldn't be able to utilize it because it on the other side of n. 24^th and due to the terrain. Ash asked about the preliminary approval. Rosnick siadi it was for the right of way and the subdivision. Ash asked if council doesn't pass this, the commission won't give the developer approval. Rosnick said the commission already gave approval. he said the developer is submitting constructing documents on the road; its staff review to approve or deny the road the way he submitted his road was with the taper down and that's the reason for the variance. Mastrantoni said to define preliminary approval. Rosnick said it means the prelimary approval sets the right of way bounds and subdivision lines and he has this and he has proposed a dedicated 42 foot right of way out to the cul-de-sac and the lot line; all he has to do is install the infrastructure. Ash said he understands is council will spend $8600 on the paving plus buy the right of way. Harris said its not part of the resolution; it could come up. Rosnick said if the commission doesn't approve the variance they could end up with a dead end road squared off by private property. Ash asked Fletcher why he was against this. Fletcher said he didn't think it made sense that there wasn't more negotiation for the parties involved. He said the commission's role is limited; to fix it must be a joint--the commission must perform their duties, council must perform there duties . He said the commission must review what's been submitted and make sure if meets subdivision regulations and council must make sure it meets fire protection etc. He said he ghouth more negations should have happened; it should've been tabled. He explained there's only going to be development on one side of the street and the cul-de-sac will never be opened because of the slopes. Kondik asked if it could be tabled. Fletcher said he doesn't see where it will give council any other solution. He said with Sarah Street, why they couldn't look at the 25 foot right of way and not 21 feet. Ash said developers have always had to pay their own way; he didn't see a problem with it if he pays it because its for commercial use. It was responded its for residential use. Bryant told Mitchell if it was done in-house, he would make sure there isn't any overtime and its done during the 40 hour work week. cline said since they've already accepted this, council is stuck. Harris called for a roll call vote with a yes is in favor of the motion, a no is opposed:

Councilmember Fletcher Yes

Councilmember Mitchell No

Councilmember Minella No

Councilmember Moore No

Councilmember Ash No

Councilmember Kondik Yes

Councilmember Cline Yes

The resolution failed by a vote of 4-3.

A motion was made by Councilmember Fletcher, second by Councilmember Ash for an ordinance to amend the codified ordinances of the city of Weirton by amending and reenacting various sections of Article 717, coin-operated devices. Fahey said there was a prior resolution assessing fees and it was amended two years ago to increase the fees, but similar ordinances ahve been challenged and found unconstitutional in circuit courts--Wheeling--and in Morgantown because the assessment exceeded the state assessment. He said circuit courts have found the ordinances assess more than the state would tax, and found it invalid. He explained state legislators were supposed to address it last year and its scheduled to be addressed this year. He said the purpose of this is to rescind the increase in the assessments and back to the old assessments which are less than the tax dept. assessment. Harris said the legislation house failed to act on the grey machine; the Governor-Elect said he is going to address this issue; its an issue the WVML is keeping a close watch on; we feel there is a possiblity the state might come in and do some things that the city might lose some revenue from the grey machines. He said the reason Weirton and Wheeling have acted on this is becasue we see this as another way for the state to generate some money. He said this is the proper way to go, saying Huntington is in trouble because they passed grey machine ordinance and budgeted those dollars; he reminded council they may address this anothe time but because of the time factor, he thought its important to go back to the original ordinance. Councilmember Fletcher said he worked hard on getting it to move forward; state gives the ability to license different type of businesses and those tiers haven't changed since 1970's. He said its another example where local government officials have a difficult time trying to run the city. Harris said the ML concern is the state will come in and do what they want for their own benefit. Councilmember Moore asked why the ordinance only calls for coin-operated and not dollar bills like the car wash, is it the same thing? Rosnick explained car wash devices weren't in the old ordinance; its written .25cents or greater. He explained the state has it listed as amusement device and doesn't think the state has the car wash listed as such. This ordinance passed first reading 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Kondik to adopt a resolution to enter into contract with P. C. DOC in the amount of $935 for a computer for inspection dept. Kondik commented its nice to see they're buying local. Harris commented they always try. This passed 6-1 with Councilmember Ash dissenting, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Moore to rescind ordinance 1236 which established a handicap parking space at 4120 Brooke Street. This passed 7-0, so ordered.

Councilmember Moore wanted to make a motion to amend the resolution to buy one cab and chassis. Harris said he needed motions. A motion was made by councilmember minella to adopt a resolution to enter into contract with Woltz & Wind Ford, Heidelberg, PA in the amount of $33,980 for each 17,500 GVW cab and chassis for the Public Works Dept. (two purchases) Moore didn't think he was given a chance to make the motion. Harris explained if Moore wanted to amend the resolution, motions needed to be made to approve the resolution. Councilmember Fletcher second the motion. Moore amended the resolution to buy one cab and chassis. The motion failed for a lack of a second. Councilmember Cline was informed these are lease-purchases over three years. councilmember Kondik thought the price for each was $17,500 each. Mastrantoni epxlained the price is $33,980 each. Moore asked how much is on the lease purchase account right now. Means wasn't sure but could get back to him on it. A roll call vote was taken with a yes is in favor of the resolution for two cab and chassis in the amount of $33,980 each, a no is opposed:

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore No

Councilmember Ash No

Moore stated even though it's a line item, he felt they should start cutting down, expressing concern with the legal action against the municipal fee.

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

This passed by a 5-2 vote, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to adopt a resolution to enter into contract with Ace Trucking, Zanesville, Ohio for two 17,500 GVW bodies for the Public Works Dept. in the amount of $7,560 for each purchase. This passed 5-2 with Councilmembers Moore and Ash dissenting, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Mitchell to adopt a resolution to enter into contract with Woltz & Wind Ford, Heidelberg, PA to purchase two nine foot spreaders for the Public Works Dept. in the amount of $8,500 each with a total of $17,000. Councilmember Cline said next time he would like an explanation why there was only one bid. Bryant said they contacted vendors and in reviewing the specs, they asked vendors why they took exception. He said the took exception to the auger style. Bryant told Cline its new technology. This passed 5-2 with Councilmembers Ash and Moore dissenting, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Minella, to adopt a resolution to enter into contract with Zoresco Equipment Co, Turtle Creek, PA to purchase two nine foot plows for the Public Works Dept. in the amount of $2,572 for each purchase, total cost of $5,144. This passed 5-2 with Councilmembers Moore and Ash dissenting, so ordered.

Chief Cole responded to Harris that the money was coming from Hancock County video lottery funds. A motion was made by Councilmember Moore, second by Councilmember Fletcher to adopt a resolution to solicit bids for bunker gear and helmets for the city of Weirton paid Fire Dept. Mastrantoni explained to Councilmember Fletcher that they would go to bid and bring it back to council to purchase. This passed 7-0, so ordered.

Mastrantoni commented on the newscast about rodents in the Hillcrest area, saying Chief Fletcher is in charge of the animal control officer and the sanitary employees worked with the officer. He said they have yet to get a report of a rodent problem; staff has been reviewing that area and doing whatever is necessary to encounter any alleged rodent problem. He wasn't sure if there is a rodent problem. Fletcher said throughout the year, more areas seemed to have more rodent problems than others. He said the control officer has been bating more than in the past during the last few months. He said they received a call in the Hillcrest area. He said they don't can't and won't bate on private property and homes; city bates on its property and sewage lines. He said the officer had a problem finding a particular sewer to bate, the officer found a strong odor of sewage and got with the sewer dept.. He said there's a septic tank now emptying raw sewage in parts of Hillcrest area; the sewer dept and other depts are addressing how to accomodate the exposed area. Councilmember Cline said two residents called and said it was coming from a commercial building. He had called the owner, it was inspected; he contacted him again today and they said there wasn't a problem. Cline explained they couldn't find the manhole and they were waiting for the next report where to find the problem. He appreciated the hard work being done. Fletcher had thought there was a sewage line break, saying he didn't realize there are residents with their own sewage system. Cline said the residents were informed the private exterminator told them the city hadn't bated for five years. He said this wasn't correct, officials have been doing their job. Fletcher said there's a list of last two months 30 streets, 167 sewer areas baited; large number; its all over town. Harris said given the report to council, its based on the last two months and doesn't include what the sanitary dept. has been doing on there own. He said staff is working hard, so is the officer and today they were able to pinpoint the problem. He appreciated all the work Cline had done. Fletcher said not all the complaints come to his office; it's the first he heard from Hillcrest. Mastrantoni said nine or 10 residents there have their own septic system; one or two is failing after todays inspection and staff will be pinpointing which to address as soon as they can.

A motion was made by Councilmember Minella, second by Councilmember Mitchell to convene into an executive session consistent with WV Code 6-9-4 (4) to discuss personnel matters. This passed 7-0, so ordered.

Council reconvened at 8:29 p.m.

Weirton Port Authority

A motion was made by Councilmember Minella, second by Councilmember Fletcher to reappoint J.J. Guida, 3925 Palisades Drive, to the Weirton Port Authority for a term of 1/1/2001 to 12/31/2003. This passed 7-0, so ordered.

Mary H. Weir Library Board

A motion was made by Councilmember Moore, second by Councilmember Mitchell to reappoint

Pat Flatley, 202 Oakland to the Mary H. Weir Library for a term of 1/1/2000 to 12/31/2005. This passed 7-0, so ordered.

Zoning Board of Appeals

A motion was made by Councilmember Minella, second by Councilmember Kondik to appoint Elisha Robinson, 188 Joseph Blvd to the Zoning Board for a term of 1/1/2001 to 12/31/2003. (Appointment by D.J. Minella) This passed 7-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Cline to appoint Walter Angelini, 3067 Penna Avenue, to the Zoning Board for a term of 1/1/2001 -12/31/2003. ( Appointment by G. Kondik) This passed 7-0, so ordered.

Mastrantoni explained to Councilmember Moore that there are 468 commercial customers; billing is every 60 days and this represents half of the town. He said 468 were billed; 4,225 residential and 58 industrial entities were billed this period.

Councilmember Cline commented good report.

Councilmember Ash said DelGreco, Mastrantoni, Chief Fletcher and council worked on residential handicap parking ordinance and it was well written; he appreciated it. He said it contained everything he requested except for a sentence that was taken out. He stated feeling good to be able to compromise over one sentence. He expressed thanks. Harris agreed.

Bryant responded to councilmember Cline that replacing two engines in city cruisers doesn't happen often. He corrected under the report which was submitted on his behalf that the body shop, painting of the spreader wasn't 88 hours but 8.

Harris said the new city manager, Joe Cicchirillo he will take his position on January 2, 2001.

A motion was made by Councilmember Minella, second by Councilmember Cline to approve the Treasurer's report, administrative reports and to pay the water and general fund bills. This passed 7-0, so ordered.

Closing Prayer.

With no further business before this the December 11, 2000 Regular Session of the Common Council of the City of Weirton the meeting was adjourned at 8:40 p.m.

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