City Council Meetings

CITY OF GREEN RIVER CITY COUNCIL WORKSHOP PROCEEDINGS July 10, 2012 The Governing Body of the City of Green River met in workshop session at 6:30 pm in the City Hall Council Chambers. Mayor Castillon called the meeting to order. The following Council Members were present: Gene Smith, Tom McCullough, Adam Copplo, Jim Boan, Gary Killpack and Lisa Maes. The following were present representing the City: Acting City Administrator Bill Thompson, Director of Public Works Mike Nelson, Director of Community Development Laura Leigh, Senior Building Inspector David Allred, Chief of Police Chris Steffen, School Resource Officer’s Scott Morris and Josh Hutson, and Public Information Coordinator Stephen Pyles. Open Meetings Law General Counsel for the Wyoming Association of Municipalities Mark Harris said he was asked by the Mayor to do a presentation on the revisions of the Open Meeting Act. The Original Senate, Enrolled Act No. 63 was signed by the governor and passed by the senate house. Most of the changes adopted were beneficial to cities and towns. The act does not apply only to the governing body, but also to boards that are appointed by the mayor and council such as the URA Board and Planning and Zoning Board. 16-4-402 Definitions (i), “Action” means the transaction of official business of an agency including a collective decision, a collective commitment or promise to make a positive or negative decision or an actual vote upon a motion, proposal, resolution, regulation, rule, order or ordinance at a meeting. Mr. Harris said this change was made to clarify that not all entities are a governing body. (iii) “Meeting” means an assembly of at least a quorum of the governing body of an agency which has been called by proper authority of the agency for the expresses purpose of discussion, deliberation, presentation of information or taking action regarding public business. (iv) “Assembly” means communication in person, by means of telephone or electronic communication, or in any other manner such that all participating members are able to communicate with each other contemporary. Mr. Harris said this is important because this makes it clear that you can assemble by telephone or electronic communication. The meeting can be conducted via Skype as long as all members can communicate and the public can hear what is being said. 16-4-403 Meetings to be open; participation by public; minutes (ii) Are not required to be recorded or published for day to day administrative activities of an agency or its officers or employees. (d) No meeting shall be conducted by electronic means or any other form of communication that does not permit the public to hear, read or otherwise discern meeting discussion contemporaneously. Communications outside a meeting, including, but not limited to, sequential communications among members of an agency, shall not be used to circumvent the purpose of this act. The Mayor asked if it is legal to pole the council outside of a meeting and later ratify it at a meeting. Mr. Harris said everyone understands there will be times when a mayor needs to communicate with staff and provide information, but the idea is to avoid decisions being made before a meeting. 16-4-404. Types of meetings, notice, recess City Council Workshop Proceedings July 10, 2012 Page 1 of 4  (a) In the absence of a statutory requirement, the governing body of an agency shall provide by ordinance, resolution, bylaws or rule for holding regular meetings unless the agency’s normal business does not require regular meetings in which case the agency shall provide notice of all its next meeting to any person who requests notice. A request for notice may be made for future meetings of an agency. The request shall be in writing and renewed annually to the agency. (b) Special Meetings may be called by the presiding officer of a governing body by giving verbal, electronic or written notice of the meeting to each member of the governing body and to each newspaper of general circulation, radio or television station requesting the notice. The notice shall specify the time and place of the special meeting and the business to be transacted and shall be issued at least eight hours prior to the commencement of the meeting. No other business shall be considered at a special meeting. Proof of delivery of verbal notice to the newspaper of general circulation, radio or television station may be made by affidavit of the clerk or other employee or officer of the agency charged or responsible for distribution of the notice of the meeting. (c) The governing body of an agency may hold an emergency meeting on matters of serious immediate concern to take temporary action without notice. Reasonable effort shall be made to offer public notice. All action taken at an emergency meeting is of a temporary nature and in order to become permanent shall be reconsidered and acted upon at an open public meeting within forty-eight hours, excluding weekends and holidays, unless the event constituting the emergency continues to exist after forty-eight hours. In such case the governing body may reconsider and act upon the temporary action at the next regularly scheduled meeting of the agency, but in no event later than thirty days from the date of the emergency action. (d) Day-today administrative activities of an agency, its officers and its employees shall not be subject to the notice requirements of this section. 16-4-405 Executive Sessions (c) Unless a different procedure or vote is otherwise specified by law, an executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the members of the governing body in attendance when the motion is made. A motion to hold an executive session which specifies any of the reasons set forth in paragraph (a) (i) through (xi) of this section shall be sufficient notice of the issue to be considered in an executive session. 16-4-408 Penalty (a) Any member or members of an agency who knowingly or intentionally violate theprovisions of this act shall be liable for a civil penalty not to exceed seven hundred fifty dollars except as provided in the subsection. Any member of the governing body of an agency who attends or remains at a meeting knowing the meeting is in violation of this act shall be liable under this subsection unless minutes were taken during the meeting and the parts thereof recording the member’s objections are made public or at the next regular public meeting the member objects to the meeting where the violation occurred and asks that the objection be recorded in the minutes. Mr. Harris said if you want to hold an executive session then use one of the reasons out of the statute and make it conform to what is going to take place. There are about ten different topicsthat can be used to keep the public informed. He suggested making a copy of the ten different reasons for executive session out of the statute and to use it when they need to call for an executive session. Council Member Killpack asked if they call for an executive session on personnel, is that the only item that can be discussed during the executive session. Mr. Harris said yes. The Mayor asked when the governing body conducts interviews for the city administrator position and the people being interviewed would like to keep their names private, can it be done in an executive session. City Council Workshop Proceedings July 10, 2012 Page 2 of 4 Mr. Harris said this is an area that was not discussed. His personal approach would be to make it clear that the meeting is a special meeting, make a motion to go into executive session for the consideration of a city administrator. The interview process can be confidential until there are two or three finalists and they are closer to making a decision on who they will pick for the position. They can inform the individuals that their names may be released to the public. They cannot make any decisions in an executive session, they have to come out of the executive session and then make a motion. The Mayor said then the best option would be to call for a special meeting for July 30th and 31st to screen candidates and discuss how to narrow it down. Mr. Harris said yes. The Mayor said the decision has to be in an open meeting. Council Member Killpack asked for clarification on if he comes into city hall and stops to talk with the mayor, and other council members end up stopping by too, is that considered a violation of the open meetings law. Mr. Harris said no. The meeting has to be called upon by a proper authority. Ms. Leigh asked if the changes with the electronic meetings had to be adopted by the boards into their bylaws or does the statue take precedence over the board’s bylaws. Mr. Harris said no the statutes say that is a proper meeting. Council Member Boan asked if all emails are considered public information. Mr. Harris said he couldn’t give him an answer because it is not clearly stated in the statute. Camp P.O.S.T.C.A.R.D. Chief Steffen said since the D.A.R.E program was discontinued they have sent letters to the businesses, private individuals, and organizations that donated to the D.A.R.E. program to see if they would consider donating to the School Resource Officers (SRO) Program. Most of them did , so they do have a good amount in the SRO program and that will help. He said the Eagles have continued to donate to the program. He would like to thank them and the other businesses and private individuals for their donations. SRO Scott Morris said Camp POSTCARD stands for Peace Officers Striving to Create and Reinforce Dreams. This program has been established in Wyoming for nine years. The city has participated in it for the last 4 years. Last year they opened another camp in Montana and there is another one on the east coast. This program is offered to students nominated by their teachers. They do not have a large amount of space so that limits the number of kids they can bring. The kids do normal summer camp activities while they are in camp. The camp goes for a week and the kids do not have to pay any fees. The National Guard participates in the amp with the kids and brings helicopters. They have around one hundred kids and forty staff members that come to the camp from all over Wyoming. The cost for the use of one camp is $8,000 and catering food for the week is $10,000. Some of the kids do not have any provisions while at camp so the officers try to provide sleeping bags, clothes, and anything that is needed. The total cost for the camp is usually around $30,000. A large portion of the money for this comes from the McMurry Foundation, out of Casper, and the Daniels Fund. The Sheriffs and Chiefs Association and the NRA, along with many more also donate to the camp. Council Member McCullough thanked them for their hard work. Council Member Maes thanked them for doing such a good job and for providing this program to the kids. 2012 Building Code Adoption City Council Workshop Proceedings July 10, 2012 Page 3 of 4 Mr. Allred said it is time to adopt new codes. Currently, the city has the 2006 building codes and the 2008 electric code. Once adopted, the codes will be up to date with the 2012 building codes and 2011 electric codes. There will not be a change in the mechanical plumbing, gas, or property maintenance codes. He has changed the wording in the electric codes so they will not need to be adopted every three years as they change. There is no conflict since they are one year behind the building codes. Council Member McCullough asked if this would be for new homes that are being built. Mr. Allred said any new remodeling and any new work that is done will be held to the current standards. Only in the space that is being done has to comply with the new codes. City Administrator’s Report Mr. Thompson said he is thankful for all of the help he has been given during his transition as interim city administrator. He said the camp has been turned over to the Lions Clubs of Wyoming so all of the clubs will be working on keeping the camp viable. Mayor and Council Reports Council Member Killpack thanked Mr. Harris for coming and explaining the Open Meeting Law. Council Member Boan said the National High School Finals Rodeo event starts on Sunday. He thanked the volunteers for their help. He thanked all of the sponsors for their donations to the event. Council Member Maes, Coppolo, and McCullough had nothing to report. Council Member Smith said there are still spaces available through the week for anyone who is interested in volunteering for this event. The Mayor also thanked the volunteers that are helping with the NHSFR. He reminded everyone that the city of Green River will be hosting the shooting component for the NHSFR. The shooting range will be closed on Monday, July 16 and Wednesday, July 18, 2012, from 8 am to 5 pm. Adjournment The meeting adjourned at 7:54 pm. ______________________________ H. Castillon, Mayor ATTEST: _____________________________ Jeffrey V. Nieters, City Clerk City Council Workshop Proceedings July 10, 2012 Page 4 of 4