City Council Meetings

CITY OF GREEN RIVER CITY COUNCIL PROCEEDINGS March 4, 2014 The Governing Body of the City of Green River met in regular session at 7 pm in the City Hall Council Chambers. Mayor Castillon called the meeting to order. The following Council Members were present: Gary Killpack, Mark Peterson, Adam Coppolo, Tom McCullough, Brett Stokes, and Lisa Maes. The following were present representing the City: City Administrator Marty Black, Director of Public Works Mike Nelson, City Engineer/Utility Manager Mark Westenskow, City Engineer Holden Wright, Sanitation Supervisor Linda Roosa, Director of Finance Jeff Nieters, Director of Community Development Laura Leigh, Chief of Police Chris Steffen, Fire Chief/Emergency Services Mike Kennedy, Parks and Recreation Director Allan Wilson, Recreation Supervisor Katie Duncombe, Grant Specialist Misty Springer, and City Attorney Galen West. APPROVAL OF THE AGENDA Council Member Killpack moved to add an Executive Session on personnel issues, and to add Council Action Item E: Discussion on the radio station ads. He stated he will abstain from voting on Council Action Item B because of a conflict. Council Member McCullough moved to move Consent Agenda Item C (v): Cash and Investment Balances Report to Council Action Item F. Council Member McCullough moved to approve the agenda as amended. Council Member Stokes seconded. Motion carried. (7-0) PRESENTATIONS Patricia Gregory gave a brief update on the Green River Chamber of Commerce. Executive Co-Directors Kelly Frink and Kathy Tacke gave a brief update on the United Way. RESOLUTIONS Bid Award for the 2014 Street Improvement Project R14-10: A resolution of the governing body of the City of Green River, Wyoming, to accept the bid of Lewis & Lewis, Inc. and to sign a contract with Lewis & Lewis, Inc. for the City’s SIP 2014 Project in the amount of $2,574,832.50 and to approve an increase in the Capital Projects Fund in the amount of $2,930,000. Council Member McCullough moved to approve a resolution to accept the bid of Lewis & Lewis Inc. and to sign a contract with Lewis & Lewis Inc. for the 2014 Street Improvement Project (SIP) in the amount of $2,574,832.50 and to approve an increase in the Capital Projects Fund in the amount of $2,930,000. Council Member Stokes seconded. Mr. Westenskow said they will be working on East Teton Boulevard between Monroe Street and Astle Avenue. The project will start in two weeks and during the project the road will be closed. They will have access to the Public Works and Recycling facilities from Monroe Street. The animal control building, horse corrals, fire station, and the wastewater facilities will be accessible from Astle Avenue at the animal shelter entrance. Council Member McCullough asked how much of an impact the road being closed will have on the rodeo, and if they will be putting sidewalk on both sides of the street. Mr. Westenskow said they will have the road passable during the week of the rodeo. There will be curb and gutter on both sides with sidewalk on one side. There is a possibility that there will be a difference in the cost so they could put sidewalk on both sides. The Mayor asked how they are going to inform the public. City Council Proceedings March 4, 2014 Page 1 of 8 Mr. Wright said they are hosting a public stakeholders meeting on Thursday, March 13, 2014, at the Fire Station, at 6 pm. They have invited the local area businesses, the rodeo committee, and the public. They will start on the Monroe Street side and work their way towards Astle. Council Member Coppolo asked if the sidewalks have to be made out of concrete and if not, can they be made of asphalt to save money. Mr. Westenskow said they do not have to be concrete. On collector roads the city’s ordinance calls for concrete. Motion carried. (7-0) Budget Increase from the LEPTA/Homeland Security Program Grants R14-11: A resolution of the governing body of the City of Green River, Wyoming, to approve an increase in the Capital Projects Fund for a grant from the LEPTA/Homeland Security Program to purchase Police Department equipment in the amount of $33,366. Council Member Peterson moved to approve the resolution for an increase in the Capital Projects Fund from the Homeland Security LEPTA program grants in the amount of $33,366 to purchase Police Department equipment. Council Member Stokes seconded. Chief Steffen said the grants will purchase interoperability items such as portable radios, and will help with connectivity issues at district schools. Motion carried. (7-0) Grant Submission to the State Land and Investment Board R14-12: A resolution authorizing the submission of a grant application to the State Land and Investments Board for a grant through the State Municipal Solid Waste Facilities Cease and Transfer program on behalf of the governing body for the City of Green River; for the purpose of constructing a transfer station and the closure of the municipal landfill. Council Member Stokes moved to approve the resolution authorizing the submission of a grant application to the State Loan and Investment Board – State Municipal Solid Waste Facilities Cease and Transfer Program to construct a transfer station and for the closure of the municipal landfill. Council Member Maes seconded. Mr. Black said the legislature has been amending this program, and we may not be successful in going after these grants because they have limited some of the eligibility requirements for communities. These changes take effect on July 1, 2014, and the grant applications are due this week. So, staff decided to move forward with the application, even with the possible changes, so the state is fully aware that the city is in need of assistance. Ms. Roosa said the landfill is going to fill up so they wanted to be proactive with the program from the state. Unfortunately, legislature ranked the projects one through twenty-one to be funded this year. They are hoping to get ahead of the game so they can be considered for one of those to be funded. Council Member McCullough asked how much the project will cost, how much is the grant for, and what happens if the city does not receive the grant. Ms. Roosa said the total project is estimated at $5 million and the grant is for $3.75 million. If the city doesn’t receive the grant they will have to look at other options. The Department of Environmental Quality has the city transferring in 2017 and closing the landfill in 2019, so they are willing to work with us. The only thing the city can do is to look at all options. Mr. Black said the city is faced with two options: one is to move forward with the transfer station and the other is to move to a direct truck option. Direct truck is where the city will truck the solid waste to the Rock Springs landfill. Without state funding, the cost of those options will have an increase in the rates of possibly 30% to 100%. The transfer station is the desired option, but it City Council Proceedings March 4, 2014 Page 2 of 8 will depend on what is available during budget discussions. Council Member McCullough said he would not approve a 100% increase in the rates. Mr. Black said the landfill permits will expire in 2015, so the city will have to apply for an extension to use the landfill. Council Member McCullough asked if they have asked the public for their opinion. Mr. Nelson said they have hosted public forums to get the information out and the public is showing support for enhanced recycling. He said the city is ranked number 23 on the list for a transfer station and number 42 for the closer. The state will only give 75% of the project which is $3.75 million. Council Member Coppolo said the public needs to be the ones to decide what they want to do. Recycling is not a money maker and is expensive. People need to know the rates are going to go up at some point. Council Member Peterson thanked Ms. Roosa for all of her work. He asked about giving out burn permits for tree stumps and tree limbs so they wouldn’t be hauled to the landfill. Council Member Coppolo asked if the city still mulches tree limbs. Ms. Roosa said yes. They are hoping to have all of these types of questions answered during the budget sessions. Council Member Killpack asked about the audit report stating that the Solid Waste Fund posted an increase of $158,000 at the end of budget year. If the fund is making money, why do the rates need to be increased? Ms. Roosa said the money in the fund is money set aside for the closer of the landfill which is a state requirement. Unfortunately, calculations have increased over the years and that is why the fund is too low to cover the costs. That is why staff has recommended doing the cease and transfer project together so the city would have funds for the grant match. If the cease and transfer station projects are split up the city will not have the matching funds for both. Mr. Black said the fund is saving money but it is not enough to even replace the trucks as needed. If the city is short every year in making up the amount needed to do the projects, the $3.5 million has to be made up, and part of that is to increase the rates every year. Mr. Nieters said the fund did make $158,000 but all of those funds are set aside for the closure. There is no extra revenue to purchase the equipment needed in the department. Council Member Coppolo said the maintenance of the vehicles was not included in the budget. Mr. Nieters said there have been a lot of changes made in the past three years, and now decisions have to be made going forward. Council Member Peterson asked how many acres is the landfill, and how much is it going to cost to close it. Is there any way we could purchase the materials now to save money? Ms. Roosa said the city does not have any extra money to purchase materials and they don’t have the facility to store them like they need to be. Mr. Nelson said if we combine the transfer station and the closer projects, it will be $5 million and the city has $1.5 million in the post closer fund. The state will fund 75% of the project which is $3.75 million. Out of the $1.5 million the city has for the closure they would take $1.25 million out for the match. That is the advantage of the projects being done together. Motion carried. (7-0) COUNCIL ACTION ITEMS City Council Proceedings March 4, 2014 Page 3 of 8 FYE 2013 Audit and Financial Reports Council Member McCullough moved to approve the FYE 2013 audit and financial reports. Council Member Killpack seconded. Council Member Killpack asked about a typo on page 3, under Financial Highlights, first bullet point, and the last bullet point on the Water Fund showing a $500,000 profit that increases their unrestricted net position to $5.5 million. He asked if they can transfer funds from one enterprise fund to another. This way the rates wouldn’t have to be increased for solid waste. Mr. Nieters said he would check into the typo, and the transferring of funds between the enterprise funds. Mr. Black said a lot of the money is spoken for as far as a capital perspective but the fund is healthy and that is a good thing. Mr. Nieters said the 6th penny projects help the water and wastewater accounts. Motion carried. (7-0) Invitation for Bid for Property Disposal Council Member Maes moved to authorize the advertisement of an Invitation for Bid for the sale of municipal property legally described as Lots 8, 11, and 12 of the College Park Business Center Planned Unit Development. Council Member Stokes seconded. Mr. Black said this property is located by the physical therapy, the probation office, and the Lucy Estates Subdivision. This bid will allow individuals to bid on one or more lots. Council Member Peterson asked if there will be a time allotment to build or turn it back to the city. Ms. Leigh said those requirements will be part of the bid documents. They will have to submit a development plan and a timeframe. Council will be able to look over everything and approve it or not approve it. Council Member Peterson asked who appraises the property. Ms. Leigh said they hire an appraiser. Council Member Peterson said they can’t charge a large amount because the developer will have to put in the infrastructure. Ms. Leigh said the infrastructure is already there. These are lots ready for development. Council Member Coppolo asked about a guarantee on the timeframe. Ms. Leigh said the developers will have to put the estimated timeframe in the bid documents and then the city can have it added to the purchasing agreement. Mr. West said the city can add a timeframe condition into an agreement that will need to be met. There are various ways to enforce the requirements. Ms. Leigh said they are asking for each lot to be submitted in separate envelopes so someone can bid on one or all three properties. Motion carried (6-0-1) with Council Member Killpack abstaining. Overland Stage Stampede Rodeo Stock Contract City Council Proceedings March 4, 2014 Page 4 of 8 Council Member Coppolo moved to approve the contract between the City of Green River and Wes Clegg of 7C Buckers Ranch/Rodeo for the Overland Stage Stampede Rodeo stock contract. Council Member Stokes seconded. Motion carried. (7-0) Airport Master Plan Agreement Council Member Stokes moved to enter into an agreement in the amount of $147,000 with GDA Engineers (Graham, Dietz, and Associates) to create an airport master plan for the Greater Green River Intergalactic Spaceport. Council Member McCullough seconded. Council Member McCullough said this will get his support now, but until the citizens start backing the project he will not vote for anything else. The Mayor thanked the taskforce for actively pursuing the grants for this project. He asked when the public hearing on this project will take place. Mr. Rick Patton VP/ Planning Department Manager for GDA Engineers, said they will be doing public meetings during this project to get information out to the public. The first one will be in March. Motion carried (6-1) with Council Member Killpack voting no. City Council Agenda Advertising Council Member Killpack moved to pay the Radio Network council agenda advertising invoices 14010322, 14010323, 14010324, and 14010325 in the amount of $50.00 each and to reinstate those services. Council Member Stokes seconded. Council Member McCullough asked how much the services are per month. Council Member Killpack said it is $50 (per ad) for a total of $200 per month. Council Member McCullough asked if the school district or the county advertise their agendas. Radio Network Announcer Erik Pauley said he is not sure about the county commissioners but he thinks the school district does. Council Member Killpack said this has been done for many years. We pay for it to be advertised in the newspaper for $198 per month and not everyone gets a paper. The radio station gets to those who don’t have papers or computers. They are a great public station and they do not editorialize the meetings, all they do is read the agenda. This is a public service. Council Member Stokes said it should not have been taken off in the first place. It is a great service and should be reinstated. The city cannot tell them what to do as far as their talk show, but the meeting agenda is the only thing they talk about during the ads. Council Member Maes agreed. The cost is not that much, they give us a deal. Council Member Coppolo said he has mixed feelings about this. He doesn’t mind the bad comments but he would like to see more good ones too. This job is a thankless job and council tries their best. Council Member McCullough agreed, but he does not think the school district advertises their agendas. Council Member Peterson said he will abstain from the vote so he can see how it plays out because he has mixed feelings about it. The Mayor said there is no agreement for these services. He asked Mr. West if the city has to have a formal agreement for the services. Mr. West said if there were services rendered then the city has the authority to pay for them. City Council Proceedings March 4, 2014 Page 5 of 8 The Mayor said there is no need for a formal agreement. Mr. West said if the city is aware the services are being provided, and those services have been paid for in the past, then that can form the basis of a contractual obligation. The Mayor asked, even if the contractual obligation was made by a person who was not acting within the scope of his position. Mr. West said he is not familiar with what the Mayor is talking about. The Mayor said he will agree with the payment of the invoices they have now, but he will not agree with anything else until there is an agreement or contract. Council Member Killpack said in January of last year the Radio Network met with Mr. Black. Mr. Black did approve to have the ads continued on the radio. So it has been agreed upon and signed by the existing city administrator to continue these services. All of the past invoices have been signed for by Mr. Black. On January 9, 2014 the payment of the invoices was stopped even though there was a council meeting that was advertised on January 6, 2014. So, services were rendered and should be paid for. If the city can give $35,000 to the airport then the city can pay $2,400 per year to inform the public of our meetings. Mr. Black said the motion has two parts: first to pay the outstanding bills for $200 and second to reinstate the process of contracting with the Radio Network, on an ongoing basis, for four ads per month. Mr. West asked if there were services rendered for the invoices that were received, and if there were services rendered, then it is lawful for the payment to be made. Mr. Pauley said there were services rendered. The Mayor asked about future commitment. Mr. West said that is the second part of the motion, and if it is the vote of the governing body to make the commitment going forward, it is lawful, and the governing body can stop it at any time if they choose to. Motion carried (6-1) with the Mayor voting no. Cash and Investment Balances Report Council Member Coppolo moved to approve the cash and investment balance report. Council Member McCullough seconded. Council Member Coppolo asked for an explanation on why the General Fund has been going up and down since 2012. Mr. Nieters said it is because of the city booming and then going through a bust type scenario. This does not trail the operations but it trails the projects so that will make it go up and down. Council Member Coppolo said he is concerned with the Risk Management Fund being so low. This fund should be higher. Council Member Maes asked if all of the General Fund accounts have a reserve fund. Mr. Nieters said yes, it is for operating reserves. The risk management fund is an additional buffer for covering insurance costs. Council Member Maes asked how much of a reserve. Mr. Nieters said 25%. City Council Proceedings March 4, 2014 Page 6 of 8 Council Member Coppolo asked how much is in the reserves and how long will it sustain the city. Mr. Nieters said it is the same amount, because if the operating budget goes up so does the reserve. It would sustain the city for three months. Motion carried. (7-0) CONSENT AGENDA Council Member McCullough moved to approve the following consent agenda items. Council Member Coppolo seconded. Motion carried. (7-0)  Landfill removal request from Todd Lewis for a boat trailer  Minutes for: February 11, 2014 Workshop and February 18, 2014 Council  Financial Reports and Payment of Bills: Prepaid Invoices = $104,415.28 Outstanding Invoices = $970,145.33 Payroll Expenditures = $321,272.85 Pre-authorization Payments = $1,065,000.00 CITY ADMINISTRATOR’S REPORT Mr. Black reminded everyone about the Community Assessment on Thursday, March 13, 2014, at the Island Pavilion, at 7 pm. He handed out a copy of the Public Works projects list for the summer of 2014. It includes the streets that will be slurry sealed. It will be posted online. CITY ATTORNEY’S REPORT Mr. West had nothing to report. MAYOR AND COUNCIL REPORTS Council Members Stokes, Killpack, and Maes had nothing to report. Council Member Coppolo asked council if they would consider reducing their pay by 20% to show the employees they are backing them up. Council Member McCullough congratulated the athletes that competed at state, and he thanked the wrestling team. He wished the basketball teams luck at district. Council Member Peterson thanked the legislators for getting the money back to cities and towns. The Mayor thanked the representatives on the legislature for doing a good job. ADJOURNMENT TO EXECUTIVE SESSION Council Member Killpack moved to adjourn to executive session for personnel at 8:51 pm. Council Member McCullough seconded. Motion carried. (7-0) RECONVENE Council Member Killpack moved to reconvene at 9:35 pm. Council Member Coppolo seconded. Motion carried. (7-0) ADJOURNMENT Council Member Coppolo moved to adjourn at 9:37 pm. Council Member Maes seconded. Motion carried. (7-0) City Council Proceedings March 4, 2014 Page 7 of 8  ______________________________ H. Castillon, Mayor ATTEST: _____________________________ Jeffrey V. Nieters, City Clerk City Council Proceedings March 4, 2014 Page 8 of 8