Weirton City Council Regular Session A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on November 13, 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: Brae Bryant, Terry Weigel, Gene DelGreco, A.D. Mastrantoni, Chief Ralph Fletcher, Rod Rosnick, William Fahey, Melissa Farley, Ric Rekowski, Dan Mastrantoni, Valerie Means and Chief Kessler Cole. A motion was made by Councilmember Kondik, second by Councilmember Cline to approve the minutes of the October 10, 2000 Regular Session. This passed 7-0, so ordered. Harris presented a proclamation to Head Start. Harris saying it's a great honor for them, they worked hard to establish Head Start in Weirton; many people played a role; leadership got it to where it is today; a new building was built on Weirton Heights. He read the proclamation to the Hancock Board of Ed and Hancock County Savings bank, proclaiming Nov. 13-17, 2000 Head Start week to encourage families. He proclaimed Nov 17, 2000 Mario Pipino's Day. Harris said he knew Pipino who represented Ward IV. Pat Gracie, director said she's proud; Head Start prepares children for school and life. She thanked the city for their support, saying they struggled to find land and money but this council stepped up. She thanked Harris and council. Ed Wilson, 252 Bell Blvd, discussed storm drain between his house and neighbors stops at the back of his property; he acquired more property adjacent to his and the drain runs out there; could the city get the caldron down further to the woods. Mastrantoni said he would get with Brae about it and get back to him. Debbie Gryskevich, wife of city fireman, expressed concern with a vacancy, saying the list was submitted, one man declined, two names remain. She asked why firemen's lives are being put in danger, saying they're understaffed and don't meet standards. She expressed concern for her husband going to work Harris explained under the civil service rules, the board submits three names to the mayor; a third name is needed. He said the commission had questions about submitting two names or three. Gryskevich asked if the top three are being eliminated. Harris said no, one person was hired but declined; he requested the commission for the next qualified candidate; he will hire out of the three names--the two remaining plus the next qualified. Dave, city employee, expressed concern for the resolution for the Health Plan and the three tiered prescription plan. He said currently prescriptions are $10 across the board; some employees have three of these prescriptions a month the three tier goes as high as $35. Bartlett explained the current plan will cost $35,000; employees have taken cuts with the municipal fee, dental insurance went up, water and garbage rates have gone up. He said they're aren't asking for a pay raise but for council to keep the current rates. Vince Oliver, 117 Heights stated waiting nine years for a solution on Heights. He is waiting for the cost of the work done at the Middle School. Bryant said a local pharmacy paid for the barricade; the city provided the labor; he will provide the cost. Oliver stated wanting a solution to the problem on Heights before he starts throwing bricks to stop it himself. Councilmember Fletcher commented growing up in the neighborhood, saying he's satisfied with the work; some problems have been decreased. Oliver asked if its his fault drivers speed, police don't run radar or write tickets. Fletcher clarified he was only stating he supported the actions taken. Oliver said the structure didn't slow or stop traffic. Fletcher asked him for documentation. Harris called for order. Oliver said he's approached council, traffic hasn't slowed and Heights residents are afraid of approaching council due to vandalism afterwards. Fletcher and Oliver continued disagreeing. Harris again called for order. Chief Fletcher asked Oliver to take his seat. Harris said it will be monitored but it can't be monitored 24 hours a day; they will do their best to stop speeding all over the city. Councilmember Minella reported the finance committee met on Wed, recommending the following items: 1, 3, 4, 5, 6, 7, 8, 10, 14, 15, 16. A motion was made by Councilmember Ash, second by Councilmember Moore to authorize ordinance 1302 to amend Article 1701 building inspector. This passed 7-0, so ordered. A motion was made by Councilmember Kondik, second by Councilmember Ash to authorize ordinance 1303 amending ordinance 1223 which established no parking on the curb at 548 Brookline to extend the no parking 75 feet to the end of the curb. This passed 7-0, so ordered. A motion was made by Councilmember Ash, second by Councilmember Kondik to authorize ordinance 1304 to establish a handicap parking space at 3224 Orchard. This passed 7-0, so ordered. A motion was made by Councilmember Minella, second by Councilmember Mitchell to adopt a resolution to enter into contract for purchase of new telephone system for the city of Weirton with Border Tele-com, in the amount of $57,731. Mastrantoni told Councilmember Moore it hasn't been upgraded, parts that are found are expensive; it has voice mail and intervention but is not automated. Councilmember Ash said the municipal fee money went into the general fund, asking if this will be used for the phone system. Mastrantoni said past city managers have requested a system. He explained if two secretaries are on the phone, an incoming call goes to a line that doesn't exist anymore and rings. Ash agreed, but clarified he was asking if the $57,000 comes from the general fund. The answer was coal severance. Councilmember Cline said it would have to be upgraded again in five years. Moore asked how long the company has been in business. Mastrantoni said it was formerly R&R Telephone. Moore asked about the amount of the bids. Harris explained a committee was formed and looked at the research. Mastrantoni responded the bids were sent to council. The motions to adopt the resolution passed by a 7-0 vote, so ordered. Mastrantoni said it first came to light in1973; Dorsch gave a him a report dated from1973 from Michael Baker and Assoc. He said Birch Drive to Palisades or Capital Drive was an option, costing $500,000 at that time. He explained looking for alternatives for a non-public emergency access road with Chief Fletcher, Cole, A.G. Lucas, Dorsch, Bryant and street dept staff members. He discussed the options: Heaslett Avenue/State Street 531 feet in length, a slope of 15% grade; gates at the top and bottom for emergency personnel; cost $25,000. The next option is Lee Avenue/Buchanan Way: 3,000 feet in length; cost of $60,000; the slopes are 10%, the remaining is 7-8%; could be developed into a two-way road. Mastrantoni said staff recommends paving for one or two fiscal years. He explained the road to the water tank wouldn't be used because its steep. He explained property owners are involved with Lee Avenue route; it's the most advantageous; council could phase it for 1, 2, or 3 years. He told Ash dealing with property acquisition is never a sure thing. Chief Cole suggested the Lee Avenue site. Bryant explained Heaslett is steep and a challenge to keep treated in the winter; it would be a seasonal road; Lee Avenue's grade isn't as challenging. Councilmember Cline had a problem with funding, saying a complete plan is needed and he can't support it when city streets desperately need paved but he would examine it if Marland Heights residents don't want their streets paved. Kondik questioned putting a price on safety when there's a solution. Cline suggested discussing it at budget time since council isn't sure of their revenues and different funding might be available. Kondik suggested $25,000 be taken out of the paving budget. Councilmember Fletcher said it's a lot of guessing. Mastrantoni told him he approached the property owners and an appraisal might be needed later. Fletcher said he would be more confident with concrete figures. Mastrantoni explained the road could be developed internally and maybe with government agencies but RFP could be done for outside contractors. He said staff could handle acquiring the right of way. Councilmember Moore favored this but said more figures are needed and he's concerned with price increases. Ash explained an access road has been discussed every budget time since he's been on council, commending Kondik for giving up his street paving money but didn't think it should be necessary. He commented not liking the Lee Ave route. Harris commented saying it was a good discussion and he too discussed this when he was councilman; its been discussed for 50 years. He said it should be phased, recommending Lee Ave and if they could obtain state monies to offset the cost. Mastrantoni said specs must be based on site survey, engineering reports and an investigation. Harris explained with the accident in September it was more of a procedural problem; procedures are needed for the winter. Fletcher wasn't confident with the numbers. Mastrantoni said it could be tabled; staff can firm the numbers. Harris reminded that council makes approvals on spending. Kondik made a motion for $60,000 over a two year period. Fletcher second this. Councilmember Cline commented on the bike trail, stating his awareness of cost and time. He said they need to see numbers before dedicating money; council needs to find where the money would come out of the budget. Minella agreed. A motion was made by Councilmember Ash to table the resolution until staff presents result for an emergency access road to Marland Heights, second by Councilmember Mitchell. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Minella Yes Councilmember Moore Yes Councilmember Ash Yes Councilmember Kondik No Councilmember Cline Yes Councilmember Fletcher No Councilmember Mitchell Yes The resolution was tabled by a 5-2 vote after much discussion, so ordered. A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution to enter into contract with A.V. Lauttamus Communications in the amount of $11,496 to purchase lightbars, sirens, switch, panels, mounting consoles and mobile radios for the police dept. Councilmember Moore motioned to amend the resolution to state purchasing three sets only. Harris said it was supposed to be to purchase three. Second by Councilmember Cline. The amendment passed 7-0. The motions made by Minella and Cline was amended and the amended resolution passed 7-0, so ordered. A motion was made by Councilmember Minella, second by Councilmember Kondik to adopt a resolution to enter into contract for the purchase of three reconditioned police cruisers in an amount not to exceed $30,000. Councilmember Moore felt these weren't needed since they were buying the other police package; he couldn't support it. Councilmember Ash said its been discussed before in the budget sessions; its better to buy the reconditioned than paying the $60,000. This passed 6-1 with Moore dissenting, so ordered. A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution to enter into contract for the purchase of three marked cruisers for the police dept with Pavlik Motor, $20,060 per vehicle, totaling $60,180. Councilmember Ash commented on the litigation with the service fee, asking if the money must be returned if the judge rules against it. Fahey said yes, but the complaint can be denied in part or full. Ash said they could probably find the money if they had to for the reconditioned vehicles, but with this, if the fee is ruled against, its stealing from residents; he wouldn't support it. He said if the fee is ruled against, he doesn't want to be caught with service fees or B&Os. Harris said anything purchased adds to a deficit and is contrary to Ash's comments. He explained council was in a deficit prior to the budget but this fee fits the state code; the majority of council would have to generate revenue to offset a deficit. Means said the amount refunded if the fee is thrown out is $2 million. Ash agreed, saying, maybe they will save money on the city manager's position to pay the $30,000 for the marked cruisers. This passed by a 5-2 vote with Ash and Moore dissenting, so ordered. A motion was made by Councilmember Minella second by Councilmember Kondik to enter into contract with Pavlik Motors in the amount of $15,489 for one mid-size vehicle for the police dept. Kondik inquired about its use. Chief Fletcher said it would be used for trips to Charleston; they're already using the city manager's car for trips to Charleston; they've borrowed from Bryant; there isn't a car in their own fleet safe to take out of city limits; they've been towed. This passed by a 5-2 vote with Councilmembers Moore and Ash dissenting, so ordered. A motion was made by Councilmember Cline, second by Councilmember Minella to adopt a resolution to enter into contract with Pavlik Motors in the amount of $19,647 for one unmarked cruiser for the police dept. Councilmember Moore said they've purchased eight police cars for $100,000. Cline said they were lease purchases. Moore said its still a credit card debt. Harris said transmissions were being put in the cars more often; cars haven't been purchased for five years. Moore said the streets haven't been paved either. Harris said Hindman was paved. Moore disagreed. Bryant stated it was paved. A motion was made by Councilmember Fletcher, second by Councilmember Minella to adopt a resolution to enter into contract with Kustom Signals, Inc, Lenexa, KS in the amount of $11,367 for the purchase of three in-car video systems for the police dept. Councilmember Cline said he was informed in the informational session this replaces old units. This passed by a 6-1 vote with Councilmember Moore dissenting, so ordered. A motion was made by Councilmember Cline to remove this item from the agenda since the contract for parking services will take over soon in December. Councilmember Mitchell second this. This passed 7-0, so ordered. A motion was made by Councilmember Moore, second by Councilmember Mitchell to adopt a resolution to purchase road de-icing salt from International Salt Company, Inc., Clarks Summit, PA in the amount of $32.69 per ton for said purchase for the street dept. This passed 7-0, so ordered. A motion was made by Councilmember Kondik, second by Councilmember Minella to adopt a resolution to authorize the city manager to purchase and enter into contract with turbidity monitoring equipment and data management software for the water dept. with C.I. Thornburg Company, Inc., Huntington, WV in the amount of $12,728.40 for said purchase. Councilmember Moore inquired about it. Mastrantoni explained due to recent legislation, finished water must be monitored. This passed by a 7-0 vote, so ordered. A motion was made by Councilmember Mitchell, second by Councilmember Cline to adopt a resolution to place liens against Doris Rider, 368 Pennsylvania Avenue in the amount of $5,200 for real properties for costs incurred in demolition of unsafe properties. This passed 7-0, so ordered. A motion was made by Councilmember Mitchell, second by Councilmember Kondik to place lien against Joseph Polewac, Parcel 168, County Road in the amount of $2,000 for costs incurred in demolition of unsafe properties. This passed 7-0, so ordered. A motion was made by Councilmember Mitchell, second by Councilmember Fletcher to adopt a resolution to place liens against Mary Givens, 402 Baker Street in the amount of $5,200 for costs incurred for demolition of unsafe properties. This passed 7-0, so ordered. A motion was made by Councilmember Cline, second by Councilmember Minella to authorize revisions to the 2000-2001 fiscal year general fund budget. Councilmember Moore commented on the parking salaries, asking if this is payroll. Mastrantoni explained it was anticipated the salaries for parking activities would be removed when the RFP gets completed with AMPCO but because of lead times involved in the RFP, the cut over was December 1; the positions will continue until Dec. 1. A roll call vote was taken with a yes is in favor of the resolution and a no is opposed: Councilmember Moore Yes Councilmember Ash Yes Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes Councilmember Minella Yes The resolution passed 7-0, so ordered. A motion was made by Councilmember Minella, second by Councilmember Kondik to adopt a resolution to enter into contract for the purchase of a fuel management system not to exceed $12,000. Councilmember Fletcher asked which line item. Councilmember Cline said from the gasoline fund. It was stated it doesn't come from the contingency fund; its not from the general fund. Councilmember Moore inquired about it. Bryant explained it replaces the 1972 fuel management which serves all city dept; its computerized, has a record to bill each dept and is a secondary support system recommended by the EPA; the current system is 18 years old; city crews go to Billy Oil on the weekends, explaining the cost of gas at pumps. This passed 7-0, so ordered. A motion was made by Councilmember Fletcher, second by Councilmember Cline to adopt a resolution authorizing the City Manager to enter into agreement to accept quotations and to purchase a 7,000# G.V.W.R. Utility Trailer for the Street Dept. not to exceed $1,900. This passed 7-0, so ordered. Mastrantoni explained he requested, as other city managers have, a quote for renewal. The rate increase is 3.95% for $17,536.56 from January 1 to July 1. He appreciated employees keeping hospitalization low. He said staff asked the Health Plan for alternatives; the Health Plan presented a three tier co-pay plan. He said prescription use rose; the three tier system establishes $35 co-pay which enables employees to buy drugs they couldn't get before unless medical necessity was established. He said 41% will be unaffected and stay within $10; 59% of those using prescription drugs will be affected and some employees might have to keep a name brand. 140 employees are in that 59% group; the plan gets employees to look for alternatives; the three tier is an increase of $7,000 per year. Mastrantoni told Councilmember Moore the employees won't go from $10-$35 but $10 to $20 unless a therapeutic or alternative is sought;140 employees out of 626 is affected; 22-23% of membership. Mastrantoni explained to Kondik the $35 enables employees to get a drug that wasn't covered and was only obtained by medical necessity. Councilmember Cline asked if it would cost $35 for drugs presently not approved at all. It was explained yes. He asked how many would be affected. Means wasn't sure. Mastrantoni explained to Moore the price of prescriptions is $35 for a drug not covered; generic drugs $10; not listed drugs are $20. Cline asked for the savings with the $35 co-pay and if there was a review of a two tier, saying he feared someone on the upper tier would have many prescriptions. Mastrantoni said another system by the Health Plan required $50 co-pay. Councilmember Minella asked for example, if the drug Lipitor meant someone who couldn't get it before could get it now for $35. The response was yes. Councilmember Mitchell asked if they would pay 100% if they keep the current plan. Mastrantoni explained medical necessity has to be proved; under the current system name brands are $10 but its $20 with the three tier. Moore expressed concern it would be expensive if each member of a family needed special drugs. Mastrantoni explained anything prescribed is available to the employee; its $35 if its not on the list; name brand, $20; generic, $10. He explained to Minella about therapeutic, saying it's a different drug from a different family being used to counteract. Fletcher asked if this is staff's proposal and if it improves the benefits. Mastrantoni said some would have to pay $20 for their co-pay; the plan offers benefits but has a down side for some, but staff wanted to find the greatest benefit for the greatest number to keep the cost down; the current plan increases to $17,000 for half a year. Minella commented employees don't make any money and council should do what they can to keep the cost down. Harris explained there's two proposals: the current plan or the three tier plan. Councilmember Ash asked if its ever been negotiated before and if it affects union contract. Mastrantoni said some union contracts only require hospitalization. Harris advised council to state which plan when making motions. A motion was made by Councilmember Moore to stay with the current plan, saying it benefits the employees and might cause a hardship to them. The motion failed for a lack of a second. A motion was made by Councilmember Ash, second by Councilmember Fletcher to adopt the resolution with the three-tier prescription plan. Cline stated council is uncomfortable; it should be monitored; the effect is some employees who paid $10 will now pay $20. Mastrantoni told Ash there aren't any differences between management and employees health coverage. The motions passed 7-0, so ordered. A motion was made by Councilmember Mitchell, second by Councilmember Ash for an ordinance to rescind ordinance 968 which established no parking between the hours of 8 a.m. and 4 p.m. on school days for the no parking area in front of Dunbar School. This passed first reading by a vote of 7-0, so ordered. A motion was made by Councilmember Ash, second by Councilmember Moore for an ordinance to establish handicap parking space at 3510 Elm Street. Councilmember Fletcher said it was previously discussed about handicap parking policies being needed. Ash explained three or four councilmen were at the Traffic Commission meeting, criteria will be put together and presented to council. Councilmember Cline stated there's legal questions; council would vote on the guidelines; questions came out of the meeting. Harris had spoken with the commission chair, saying policies will be discussed at the council workshop; council has to stand for their rules once it goes to the commission. The ordinance passed first reading by a 7-0 vote, so ordered. A motion was made by Councilmember Moore, second by Councilmember Ash for an ordinance to establish two stop signs on the east and west side of Birch Drive at the intersection of the train tracks. Harris said anyone familiar with the area realizes it probably warrants an emergency reading. A roll call vote was taken on the emergency reading with a yes is in favor, a no is opposed: Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes Councilmember Minella Yes Councilmember Moore Yes Councilmember Ash Yes This passed emergency reading by a 7-0 vote, so ordered. Farley informed Harris that the handicap parking ordinance for 3510 Elm was presented to council by an emergency reading. Harris apologized and agreed. A motion was made by Councilmember Ash, second by Councilmember Moore for an ordinance to rescind ordinance 756 which established a loading and unloading zone, 15 minute limit on the 3200 block of Orchard Street in front of the former Enich's Market. Moore recommended "limit" be spelled correctly. This passed first reading by a 7-0 vote, so ordered. Councilmember Moore commented on a report, inquiring about the three engines and two transmissions were replaced. Chief Fletcher said they quit working due to age and not due to improper maintenance. Councilmember Ash asked if the dept isn't meeting standards. Cole explained knowing of only the four man response team, saying two firemen in a structure, two on the outside; he makes the fourth man on 70% of the calls. He told Ash the Gilson Avenue station is operated daylight, five days a week, eight hours a day, with overtime. Harris said the two men in and two men out became standard and isn't due to the vacancy. Cole agreed the problem existed before the vacancy. Harris explained the vacancy, saying the fire civil service commission finds it necessary to meet to send him names. He discussed hiring a person who chose not to take the job; he doesn't get the names until the commission meets. He said Fahey gave a legal opinion; the hiring process will be pursued. He explained the commission had certified three names; the person he chose to hire didn't take the job, so the commission questioned if the mayor had to hire from the remaining two. He said Fahey agreed three names are needed. Cole agreed, saying the commission says the commission must certify and vote on the names given to the mayor. Harris wanted notified of the next commission meeting, hoping its before the holidays. Councilmember Cline commented on the fire report for an outstanding effort for fire prevention month. Councilmember Ash commented on a statement in the report about not paving behind the VFW and appreciated their just patching. Harris said he too appreciated the patches because residents let him know about it. Councilmember Moore asked if it were true the strapping plant didn't qualify for their permit. Rosnick explained the city is ready to issue a permit whenever its requested. Councilmember Ash asked if violators could be issued notices on the spot. Rosnick explained a seven day notice is required. Ash asked if another code be adopted. Rosnick explained he didn't know the answer. Ash was upset about the Kroger carts littering his ward. Harris instructed staff to contact Kroger. Harris commended Weigel on the good job with Ghouls in the Pool. Weigel said it was very well attended. Councilmember Kondik congratulated Ric on the passing of the bond levy. A motion was made by Councilmember Minella, second by Councilmember Fletcher to approve the treasurer's report, administrative reports and to pay for the general fund and water dept. bills. This passed by a 7-0 vote, so ordered. With no further business before this, the November 13, 2000 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 9:06 p.m.
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