A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on April 17, 2001 at 5:30 p.m. in Council's Chamber of the Municipal Building.

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

City officials in attendance: Melissa Farley, Joe Cicchirillo, Chief Fletcher, Brae Bryant, Rod Rosnick, Gene DelGreco, A.D. Mastrantoni, Valerie Means and Jeff Pearce.

A motion was made by Councilmember Ash, second by Councilmember Moore to allow for citizens comments. This passed 6-0, so ordered.

Louis Serra, said the Chestnut Manor project on Arango Street is on council's agenda; it's a 20 unit complex for the physically disabled. He said with his association with the disabled, they prefer to have a place of their own. He said the opportunity came along; applications were put into HUD to construct it; HUD gave a grant for $1.3 million; there will be 19 residents and one resident manager. He said he bought 60 acres of Simon's property; it's a two-story project with 15,000 square feet of floor and they thought they had to apply for multi-use permit; the rest of the cost will probably be a couple hundred thousand dollars; there's no cost to the city but at his cost, saying he felt it's a good project; he asked council to look on favor of it.

Jerome Connell, 160 N. 24^th Street wanted to address multi-family dwellings with the absence of an impact study. He said over the past year or so, 200 apartments have been approved in three locations and some are for the physically handicapped. He felt without an impact study, its not being fair to the residents where the units are going up. He said there are only single roads in and it affects property values but no impact studies are being done. He said he's voiced concerns to council, the Planning Commission, Zoning and was told he was too early or too late with his comments. He said he favors development, but asked if apartment complexes could be put in without impact studies for the residents who will be affected. He said it should be up to council to make sure their residents aren't being impacted. He said apartments mean transit; apartments built downtown are not near capacity because they're moving into the newer places. He said as a homeowner, he's concerned. Councilmember Ash asked if HUD gave $1.3 million, wouldn't they have done an impact study. Mr. Serra didn't know but said he was sure some type of study was done.

Councilmember Mitchell wanted to amend the agenda to discuss communication received from the City Manager regarding AMPCO. Harris said it wouldn't be necessary to amend it.

Mitchell discussed the AMPCO system, quarters for the meter lots and the city having to pay for the lighting. Joe Cicchirillo said he didn't agree or sign to anything; he received phone calls from residents about the 75 cent parking and its AMPCO's recommendation because they feel they would lose revenue. He said he didn't agree with that. Mitchell said he voted to contract it out to make it a cost-mutual thing for the city; now parking lots have to be cleaned and the lighting will have to be paid. He said he opposes paying for the lighting. Cicchirillo said they lost $7,000 a year keeping the parking as a city entity; lighting was $2,400. He said when he came on board as city manager, he was told council wanted this. He said he had told council he didn't favor the entire contract. He said when something is privatized, the company wants to make a profit. He said council doesn't have to do it; it can be discussed with John Leaf of AMPCO. Mitchell suggested it reviewed with council before its signed.

Harris said he brought it to Cicchirillo after receiving calls at his residence; businesses on Main Street felt 75 cents was too high for people who just wanted to run in; he initiated discussions with Cicchirillo to get with AMPCO. Harris felt some spots were needed just to drop just a quarter and run into the store. He said the savings was about $8,000; its still a savings. He said he's heard councils over the years mention privatization, and this is what privatization--profit. Harris said it can be put on council's agenda but he didn't want Cicchirillo to take the hit over it.

Councilmember Cline said he had asked Harris to do something about it because he received calls; businesses were losing customers. Cline said they probably should've looked at it closer but the lights are a safety issue. Mitchell said he had nothing against quarter meters, asking why it would cost the city.

Councilmember Moore said the AMPCO contract calls for them making $60,000 before the city is eligible for revenue, saying he felt it's a good contract for the company but didn't think the city should be responsible for any additional debt. He felt 25 cents an hour is enough and if AMPCO can't stand to reduce it, then renegotiate the contract to receive revenue. Councilmember Ash said there's no charge for the meters after 5 p.m.; most businesses close at 5 or 6 p.m. except for the bars. He stated not caring if there is lighting for the bars. He said whenever someone called him about the 75 cents, he told them to call Cicchirillo. He appreciated the month and a half that Cicchirillo spent reviewing the contract, saying Joe wasn't happy with it anyhow and had tried to bring it to council's attention. Ash said it needs reviewed again with 25 cent meters.

Harris said Mr. McCune had requested their agenda item regarding Weirton Healthcare to be moved to the top of the agenda because he has a family obligation.

A motion was made by councilmember Ash, second by councilmember Moore to adopt a resolution to lay the levy rates for Class I Rate $.125/$100; Class II Rate $.25/$100; Class IV Rate $.50/$100. This passed 6-0, so ordered.

Harris moved agenda item #7 as the next agenda item, that being the resubdivision for Chestnut Manor. A motion was made by councilmember Fletcher, second by councilmember Cline to accept the recommendation of the Planning Commission of a preliminary subdivision plat known as Chestnut Manor located on Arango Street for Weirton Health Care, Inc. Councilmember Fletcher asked why this is now a part of council's process. William Fahey said he was asked to review the procedure that's been followed. He said the City Charter stated the Commission is supposed to be an advising board but it ended up making decisions on subdivisions that are submitted to be signed off at the County Clerk's office. Fahey said he differed with this and it should be brought to council for approval.

Gene DelGreco said issues were discussed at the workshops; it was discussed the city doesn't have to pave a right of way if they don't want to. He discussed paper streets; council has the power to accept them. He said if the city accepts a right of way, they have to pave it. He said with this project, it was established council has the say so over roads. He said state code says for subdivisions there should be a public hearing and approval of the Planning Commission and a public hearing. He said this wasn't in the 19603 regulations. He said it was decided to adjust this. He said there was evidence in the city codes that plat should have city approval.

He said there's several issues but what is on the agenda is a proposal for Chestnut Manor; two separate issues--one is the road issue and paving it. He said the public right of way abuts Sera's property it was the city's property and its council's decision to open it up or not. He said the developer, Mr. Serra will pave 109 feet and this matter has to come before council. He discussed a cul-de-sac. He said there's an issue of right of way; Planning Commission originally recommend pave 28 feet, however maybe to consider changing it to 24 feet.

He said the second issue is the subdivision; Planning Commission advertised, public hearing was last night. He said if council passes this tonight, the Planning Commission might be able to approve it tomorrow.

Councilmember Moore asked if all the drainage problems have been addressed. Rosnick said the current catch basins will be extended; its an undeveloped parcel of land; there's catch basins at the corner of 23^rd; he wasn't sure what drainage problems Moore was referring to. Moore said it seems like many city streets don't have the proper drainage.

Councilmember Ash asked if anyone came to the public hearing to oppose. Del Greco said a couple from Arango Street felt there would be more traffic. Councilmember Ash said he was curious about environmental impact study. Councilmember Fletcher said because this is a HUD funding project does require some assessment; the statement of "no significant impact" was applied to the application regarding environmental concerns. He said Mr. Connell spoke of property evaluation which isn't a part of analysis required currently. DelGreco said under zoning it states several things should be considered and the affect on property is one of them. He said what happened was Planning Commission approved this preliminarily but it has to go to Zoning for a special use permit; he thought that the work considered that as a public body that what they know about value that a study wouldn't have to be big. Ash asked if they could request zoning to do it. Rosnick said two processes going on: subdivision of the land and extension of the road and special use process; special use process is only recommended by planning, and zoning has final authority to issue the permit. He said if approved, nothing forces Mr. Serra to do a study, its approving the extension to that lot. Ash said if council approves this, the zoning might just approve it because it doesn't say they have to do a study. He wanted to know if council can insist they do an impact study before zoning makes a decision; he said he would be fine with whatever decision is made by zoning. Councilmember Fletcher said the Planning Commission is taking subdivisions and creating or shifting lines on paper and that is before council. He said Moore discussed drainage and although its important, this element goes through another process. Rosnick said storm sewer on the extension of Arango is part of the process. Fletcher said the impact is in the zoning code but is very subjective; a process is needed to make it objective. He said zoning and planning have asked to make a more closer look. Ash asked if they can require zoning board to do impact studies. Harris didn't think so; council can make the recommendation as a Councilmember but not council as a body. Fahey said it can be done through legislation; they can change the ordinance. Ash asked if it could be put in the resolution that if council approves, they can request the zoning to do the impact. Fahey said its making a recommendation to the Planning Commission and didn't know if they could cross commissions. Councilmember Cline said there's more to an impact study; it has to be paid for and thought out. Harris said they can look into making it a requirement. Ash said only one way in and out of the neighborhood, what makes the difference, asking if this would be the same situation as with Marland Heights. Harris said the grade isn't to the extent of Marland Heights hill. Mr. McCune said he was at the first zoning meeting and under state code, the members have to be knowledgeable. He explained the job positions of some of the members. He said its gone through a process. A roll call vote was taken with a yes is in favor, a no is opposed:

Councilmember Moore Yes

Councilmember Ash No

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

This passed 5-1 with Councilmember Ash dissenting, so ordered.

Harris moved the plat item next on the agenda.

A motion was made by Councilmember Moore, second by Councilmember Cline to adopt a resolution to accept the recommendation of the Planning Commission of a preliminary and final resubdivision plat located on 22^nd Street for Kevin and Kara Board. Councilmember Fletcher said councilman Ash had asked what the feedback was from the public hearing. Fletcher said this is new, asking if council can receive the minutes in advance to see what has transpired. Gene DelGreco said yes, they're trying to find a way to reschedule Planning meetings. Fletcher said they could even use the minutes from the public hearing. DelGreco said this is a simple subdivision approved preliminarily by the Planning Commission; public hearing was last night. Councilmember Cline said this is in his ward; neighbors and everyone has been positive about the development in the neighborhood. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Ash No

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Moore Yes

This passed 5-1, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Fletcher to adopt a resolution to enter into contract for the lease/purchase with Seal Master, Hillsville, PA 16132 in the amount of $21,960 (2000 gallon tank - $ 9,593.40; 550 gallon agitated spray tank $12,366.60)of a 2000 gallon storage tank and a 550 gallon agitated spray tank for public works. Brae Bryant explained to Councilmember Moore the 550 tank will spray asphalt and the other tank is for underground storage. Moore asked if it was considered to use plastic. Bryant said it wasn't an option because of the maintenance requirement. Moore said years ago, the city bought a steel sprayer and the asphalt composition ate it up in two or three years. Bryant said this tank is designed for this. This passed 6-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Kondik to adopt a resolution to enter into contact for lease/purchase of municipal parks/tractor with U.S. Municipal Supply Inc, Huntingdon, PA 16552 for public works in the amount of $79,780; three year lease/purchase. Councilmember Mitchell asked if they budgeted $60,000 for it. Bryant said yes, saying this has been before council for at least four budget years. He said its inflation; every year a tractor is budgeted and every year the tractor doesn't get traded so they don't get as much. Mitchell asked if one was rented last year. Bryant said yes for $4,000 a month and thought the final bill was $12,000. This passed 6-0, so ordered.

Harris said a memo was given from Cicchirillo. A.D. Mastrantoni said a survey was conducted. He passed out information to council. He said the survey focused on community satisfaction with services. He said the most satisfied service was police protection; second was sewage treatment system. He said the sanitary board is independent and autonomous and is the model for the water board. He said the reasons they feel an autonomous board is needed because its good business. He explained staff and the water board need intervention by council but things move fast; advisory can review and ask council for approval could take 60-65 days and a good business can't operate with a decision taking that much time. He said this is why they're asking for an independent autonomous board. He explained chemical purchases, equipment etc come before council and stifle the agenda. He said things have to come back to council and it causes confusion with the public, explaining the municipal fee and buying water equipment; water is under a different fund. He said they're suggesting the board currently in place be left there. He named the individuals. He said there's been discussion by council that they would lose control; he said its not true; it would still be responsive to council with its concerns or requests. He said council has control of membership and office; tariffs and charges and the existence of a water board. Ordinance to repeal would take 75 % of the council body.

Cicchirillo concurred with Mastrantoni. He discussed the benefit of having an autonomous board, using for example, when the water tank was damaged, action was quickly taken; they couldn't wait for council approval. He said if there is a rate increase, it would have to come to council. Mastrantoni said if they waited and went through the process to fix line breaks, the lines would've stayed that way. He explained it would make good business sense. He asked council to consider the ordinance.

Councilmember Ash questioned 75% of council to repeal the ordinance; he asked if it was in violation of the city ordinance. Mastrantoni said Step Toe & Johnson wrote the ordinance and its compliant with state code. Ash said he was concerned the state law is different than the Charter. Ash asked if secretary or treasurer would be paid. Mastrantoni said they are members of staff and receive compensation as members of staff. Ash said he's been opposed to autonomous boards mostly because of the park board. He said he opposes this because it states three members must be residents. He said if they are going to control money etc, all of them should be residents. Mastrantoni said they didn't oppose the idea but sometimes an individual knows about water systems but lives outside the area and council might want to consider the person who could be an asset.

Councilmember Moore said as Ash said the members are paid $50 a month, asking if all commissioners from various other city boards would be paid. Mastrantoni said state regulations require compensations. He said it doesn't have to be done for other boards.

Councilmember Mitchell said it takes two days for an ordinance to come before council. Mastrantoni said the water board has been discussing this for three months. He said he and Cicchirillo have been discussing it with the water board.

Ash said he was talking to the attorney and Ash requested the ordinance be changed to all five members be residents. Councilmember Cline suggested maybe just making it as the person must receive city water service. Ash disagreed with this. Fahey said there haven't been any motions. Councilmember Fletcher asked why this has now become an issue for the water board. Mastrantoni said he requested this with the past city manager but Mr. Azzarello didn't favor the idea. He said Cicchirillo however, asked why it wasn't an autonomous board; discussions took place with the water board. A motion for the ordinance was made by Councilmember Fletcher, second by Councilmember Cline. Councilmember Ash motioned to amend under section two that all members of the board must be residents of Weirton. This was second by Councilmember Kondik. Councilmember Fletcher said he believed most advisory boards are made up specifically to requirements; he said not all of the boards require full city residents. He expressed concern that they would limit opportunities of professionalism for the service. He said council shouldn't limit themselves. Kondik thought all the board members are to be residents. Harris said he doesn't' know of a board that members reside elsewhere. He wasn't sure. A roll call vote was taken with a yes is in favor of the amendment a no is opposed:

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher No

Councilmember Mitchell No

Councilmember Moore Yes

Councilmember Ash Yes

The amendment passed 4-2.

A roll call vote was taken with a yes is in favor of the ordinance as amended, a no is opposed:

Councilmember Cline Yes

Councilmember Fletcher No

Councilmember Mitchell No

Councilmember Moore No

Councilmember Ash No

Councilmember Kondik No

The ordinance failed by a 5 against and one in favor vote, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Ash to place a lien against real properties for costs incurred in demolition of unsafe property by Dorina Riscutta, 332 Lee Avenue Rear in the amount of $7,250. This passed 6-0 so ordered.

A motion was made by Councilmember Cline, second by Councilmember Fletcher to adopt a resolution to enter into agreement with the City of Follansbee Fire Dept. Harris said in an attempt to annex portion of the highway there, because of the cost of this due to the light, he said they felt it would be in the best interest of the travelers to enter into this agreement. Councilmember Mitchell asked if he read the contract correctly; that a city fire truck could be sent to Follansbee. Cicchirillo said yes it is possible and Follansbee would do the same for us. Mitchell said he was concerned because residents pay for the municipal fire fee and trucks would be sent to Follansbee. Harris said it may happen that our trucks might be needed but its not specific to the paid fire dept.; fire safety and equipment have never been a problem in Weirton. Mitchell asked if there's not enough manpower to cover Gilson Avenue but a truck can be sent outside the city, he stated having a problem with this.

Councilmember Moore said the city wanted to annex the area south of Harmon Creek but the Brooke County wouldn't agree but now they want us to agree to a mutual aid agreement. Harris disagreed and pointed out this is different; this is Follansbee not Brooke County Commission and it would be done for the safety of the motorists on the highway; its not an issue of money and that's his concern and should be everyones. Harris said yes he would've liked to annex the area but he didn't think Moore would want to incur the cost of $14,000 for the lighting. Councilmember Cline said he didn't want to argue with Moore but didn't see what would be wrong with the agreement, saying it's a good agreement. Moore said the assistance isn't the point but the annexation and Brooke County said they didn't need our assistance.

Cicchirillo explained what he thought of this when he was managing Follansbee but explained it's a safety issue. He said its easy to criticize but why should someone have to wait 17 or 20 minutes for help. He said it's a safety issue; residents could get involved with an accident. Ash asked if there were a state law to allow them to go 3-5 miles outside the city. Chief Fletcher said only if they are asked; he said not to get confused with a regular call. He said with route 2, they've been doing this for years; if the county can't get there, the city assists until they get there and assume responsibilities. This passed 4-2 with Moore and Mitchell dissenting so ordered.

With no further business before this the Special Session April 17, 2001 meeting of the Common Council of the City of Weirton, the meeting was adjourned at 7:02 p.m.

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