WEIRTON CITY COUNCIL

COUNCIL MEETING - SPECIAL SESSION

April 18, 2006 8:00 A. M.

A special meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on April 18, 2006 at 8:00 A.M. in Council Chambers of the City of Weirton Municipal Building.

Mayor Miller called the meeting to order.

Councilmembers in Attendance:

Henry DeMasis                            Councilmember Ward 4

Harold Miller                              Councilmember Ward 2

Dale Moore                                Councilmember Ward 3

Jerry Miller                                 Councilmember Ward 1

David Dalrymple                         Councilmember Ward 6

Frank Veltri                                Councilmember Ward 7

George Kondik                            Councilmember Ward 5

City Officials in Attendance:

Brae Bryant                                Public Works Director

Gary DuFour                               City Manager

Thomas J. Maher, Jr.                   City Clerk

Valerie Means                             Finance Director

Rod Rosnick                               Chief Code Official

John Yeager                               City Attorney

Others in Attendance:

Matt Brandt, Representative        Southeast Equipment Co., Brilliant, OH

Craig Howell                              Weirton Daily Times

Citizens

Mayor Miller led the Pledge of Allegiance.

NEW BUSINESS

Resolution:

TO ADOPT LEVY RATES FOR THE 2006-2007 FISCAL YEAR.

Motion was made by Councilmember Kondik, second by Councilmember H. Miller.  Motion carried, 7/0.

Resolution:

AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION (FTA), AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION (FTA).

Motion was made by Councilmember Veltri, second by Councilmember Dalrymple.  Motion carried, 7/0.

Resolution:

TO ENTER INTO CONTRACT FOR PURCHASE OF SKID LOADER FOR PUBLIC WORKS DEPARTMENT.

Motion was made by Councilmember Moore, second by Councilmember J. Miller.

Councilmember Moore commented, “Brae, I note, I see that you had two bidders for this, and you actually chose the one that was slightly higher, and you did note in some minutes that we received that you did try both vehicles out, both items out.  Do you want to go into some of the details of what your decision was to go with this item?”

Mr. Bryant commented, “I did submit a April 13^th memorandum because of the price difference there.  We wanted to take a look at both offers there.  And we have some um, there were some, findings after we had a, uh, a demonstration of the vehicle.  A couple of items were, uh, and not to go into great detail unless you want me to, but we found operators, mechanics, parts people, foreman.  That was our committee that demonstrated these, both machines, and we found that the CAT to be superior in operation.  There were some things that we liked about the CAT as far as some safety features.  The Caterpillar was a heavier machine.  We’d made arrangements to dig, to demo the cold planer.  That was, that’s going to be one of our uses of this particular piece of equipment.  CASE was unable to bring a cold planer for us to demo, so there was really no comparison that we could do on that.  But, we were concerned that, uh, maybe you might want to explain.  (Motions toward the CASE Representative).  We do have the CASE (unintelligible) here, uh, if he wants to explain.  But, we were concerned.  Here you are selling us a machine.  We gave you a weeks notice to demo the cold planer, and you were unable to produce one.  What happens when you, uh, you sell us this machine, and, with the cold planer attachment, and our cold planer is, uh, is out of service.  So, we do have some concerns as far as parts limits and availability.  Also, the CASE model, in regards to their aftermarket equipment, uh, er, I’m sorry, their attachments, all of their attachments are for aftermarket attachments, which means, CASE does not manufacture those.  So, we have some concerns that, you know, after a couple years, what type of support are we going to be getting on all of the aftermarket attachments.”

Councilmember Moore commented, “So, this has to do with his maintenance costs, um, you know, down, you know, long term.  We’re looking at long term ability to keep it up and running, turnaround time for replacement parts, and I believe the purchase here includes two warranties which weren’t available on the other unit.”

Mr. Bryant commented, “That’s correct.  Uh.”

Councilman Kondik commented, “When do these warranties start?  Don’t you, don’t you get a, a warranty to begin with?”

Mr. Bryant commented, “You get a warranty.  It’s a, it’s a one year warranty to begin with…”

Councilman Kondik commented, “And then these warranties…”

Mr. Bryant commented, “But these are extended warranties.  Uh, we have…”

Councilman Kondik commented, “I, I think it’s a great idea.  Extended warranties.”

Mr. Bryant commented, “Yes.”

Councilman J. Miller commented, “But on the other machine, are the extended warranties not available?”

Mr. Brandt commented, “Yes, sir, they are.”

Mr. Bryant commented, “If you will allow me to speak.  They were available, but not in these, uh, in these hours.  You have a CAT 3 year, 3,000 mile, uh, 3,000 hour bumper to bumper warranty and a 5 year, 5,000 hour power train warranty.  Your company does not offer the 5 year, 5,000 hour power train warranty.”

Mr. Brandt commented, “Um, we can.  Uh.”

Mr. Bryant commented, “You did not submit that, so you’re telling me today that you can.”

Mr. Brandt commented, “I submitted a, uh, proposal, out of our, uh, pricing that would include the additional warranties.  Um, I found that both the Caterpillar and the CASE warranties on a standard machine were very comparable to a 2 year, 2,000 hour on the power…”

Mr. Bryant commented, “One question to you.  During the time of the bid, did you submit a 5 year, 5,000 hour power train warranty in writing?”

Mr. Brandt commented, “Um, I was told…”

Mr. Bryant commented, “Yes, or no?”

Mr. Brandt commented, “I was told by Mr. Grace that we were to separate those off of the standard warranty and put them on a separate sheet of paper, and that’s what I did.”

Mr. Bryant commented, “Did you submit the 5 year, 5,000 hour?”

Mr. Brandt commented, “Yes, sir.  It should have been on that.  It’s on that additional (unintelligible) I submitted.  It should be with all the paperwork.”

Mr. Bryant commented, “You stated that you didn’t offer that.”

Mr. Brandt commented, “Additional, yes sir.  It’s on a separate.  It was on a separate form.”

Mr. Bryant commented, “Yea, I did review that, but that wasn’t offered.”

Mr. Brandt commented, “I wasn’t told to offer it.  I was told to list it on a sheet of paper, on an extra…”

Mr. Bryant commented, “With your bid package.  Correct?”

Mr. Brandt commented, “Yes, sir.”

Mr. Bryant commented, “OK.  It was not included in the bid package.  So…”

Mayor Miller commented, “So, in your estimation, both of them are very good pieces of equipment, except you felt more secure with staying with the one that was selected.  Is that correct?”

Mr. Bryant commented, “That’s correct.  Both myself and staff.”

Mayor Miller commented, “Any other questions from Council, on the planer?”

Councilman Veltri commented, “I’ve got a question.”

Mayor Miller commented, “OK.  Go ahead.”

Councilman Veltri commented, “I think that the sales representative there said that he submitted the 5 year warranty on the CASE there, and I don’t see it here.  I think we should wait till we get the other bid on that and get a little more information on the CASE.  That’s what I’m thinking about it.  I think we should make up our mind and know which.  I see a little bit of conflict of, um, it’s not clear here whether we’ve got 5 years with the other one, or which one is the better deal here.”

Mr. Bryant commented, “All right.  I have a question.  Are you going to allow someone after the bid opening to submit a…?”

Councilman Veltri commented, “I’d just like to see that paperwork on the other one.”

Councilman Moore commented, “Since the CASE representative is here, can he explain why he couldn’t produce the, uh, cold, the hi-flow cold planer for the demonstration.”

Mr. Brandt commented, “Yes sir.  Um.  The one we had that would fit it was sold, and it’s currently sitting over at our garage, and due to reasons, my boss would not let me put on there to bring it over.  It was a new unit which was sold to another customer.  He did not want to take it out of the garage or off the property.”

Councilman Moore commented, “What was the notice he was given to produce the cold, the cold, the cold planer for the demonstration.”

Mr. Brandt commented, “One week, and he told me day before that he would not put that on the machine to bring it over.”

Councilman Moore commented, “You say he.  I assume you mean your…”

Mr. Brandt commented, “Manager.  Yes.”

Councilman J. Miller commented, “CAT was given one week also?”

Mr. Bryant commented, “That is correct.”

Councilman Dalrymple commented, “You guys went over both machines thoroughly.  Correct?”

Mr. Bryant commented, “Thoroughly.”

Councilman Dalrymple commented, “And, by going over that, your group who are going to be handling that piece of equipment when it’s used came to the determination that the CAT was the best out of the two.”

Mr. Bryant commented, “That’s correct.”

Councilman Dalrymple commented, “Period?”

Mr. Bryant commented, “Period.”

Councilman Dalrymple commented, “That’s fine with me.”

Councilman Moore commented, “What’s budgeted Val?  What’s the amount in the budget for this item?”

Mayor Miller commented, “It’s going to be cash.  It’s already been budgeted…”

Ms. Means commented, “It’s a…It’s a lease purchase…It’s a lease purchase item.  To be honest with you Councilman, at the top of my, I know that, I’m sure this principal fit within.  I thought we had 75-80 thousand dollars budgeted, principal.  We have the lease payments actually budgeted in the budget.”

Councilman Moore commented, “Your dealing with how many vendors on the CASE model including the um, including the additional, uh, you say they’re after market?  You’re dealing with how many vendors on those after market, um, items?”

Councilman Kondik commented, “Six.”

Mr. Bryant commented, “Five really not made by CASE.  Um.  The cold planer is a different model.  Um.  Your forks and one other attachment was (unintelligible) So, 3 or 4 different vendors you would be dealing with.”

Councilman Kondik commented, “I don’t see how we can entertain bids after the bid’s been opened.  I can’t see that.  So, I’m going to have to agree with Brae and, and uh, accept his recommendation.”

Mayor Miller commented, “We can do that.  The representative would like to say something.  Go ahead.”

Mr. Brandt commented, “Uh.  Mr. Councilmen.  The um, when I was on the Caterpillar website, they do not manufacture their own attachments.  Um.  If they would, or they did, they would be on that website.  Um.  They are all aftermarket.  Um.  These planers, these particular models that we deal with, we’re a vendor for all of these, and they are especially made for these CASE machines.  I’d like to make that known.”

 Councilman Moore commented, “Did you produce the items required for the demonstration?”

Mr. Brandt commented, “Um.”

Councilman Moore commented, “Yes or no?”

Mr. Bryant commented, “No.”

Mr. Brandt commented, “No.”

Councilman Moore commented, “End of discussion.”

Mayor Miller commented, “Any other questions from Council?  OK.  If not, the motion has been made and seconded.  We can go ahead with the recommendation from Brae’s department to accept the bid and the CAT model.  Brae, is that correct?”

Mr. Bryant commented, “That’s correct.”

Mayor Miller commented, “OK.  The motion has been made and seconded to accept that.”

Motion carried, 7/0.

Mayor Miller thanked everyone for their attendance.

ADJOURNMENT

With no further business before this April 18, 2006 special session of the Weirton City Council the meeting was adjourned after the closing prayer.

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