City Council Meetings

CITY OF GREEN RIVER CITY COUNCIL PROCEEDINGS June 3, 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, City Engineer/Utility Manager Mark Westenskow, 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, and City Attorney Galen West. APPROVAL OF THE AGENDA The Mayor noted the addition of a Presentation: Item B: Introduction of the Joint Powers Water Board Director Fred Ostler. Council Member McCullough moved to approve the agenda. Council Member Killpack seconded. Motion carried. (7-0) PRESENTATIONS Prevention Management Organization of Wyoming Cassandra Crumpton, from the Prevention Management Organization of Wyoming, gave a brief update on the organization. Introduction of Joint Powers Water Board Director The Mayor introduced Fred Ostler as the new Director of the Joint Powers Water Board. Green River Chamber of Commerce Update Todd Arnold gave a brief update on the Green River Chamber of Commerce. CITIZEN REQUESTS AND OTHER COMMUNICATIONS Resident Gary Pope said on April 3, 2014 his wife was getting ready for work and noticed their sewer was backing up into their basement. There is construction work being done on their street so she ran out to get someone to help. The contractor said he has never seen that before. She contacted their insurance agency and they recommended they call ARS a company that specializes in this type of cleanup. ARS came in and did all they could, but they haven’t been paid for the work, so they can’t do any more until they are paid. The city and the contractor representatives have told him they would take care of the problem. So, why isn’t anything being done? He still has cleaning that has to be done in his basement. He wants to know what the residents have to do to get this issue taken care of. Council Member McCullough said this will be a long battle because the insurance companies are involved. It is not the fault of the residents, but will take some time. Council Member Killpack asked the city attorney what the city’s liability is. Mr. West had no comment on the city’s liability. Mr. Westenskow said there was an incident on Riverview Drive and sewage did get in to four residents basements. Unfortunately, the work has slowed down because the insurance companies are talking with each other. Staff would like to help the residents as best they can, but the insurance companies are involved so the city’s hands are tied. Mr. Black said the city’s insurance, the Joint Powers Water Board’s insurance; the contractor’s insurance, the subcontractor’s insurance, and the homeowner’s insurance companies are in City Council Proceedings June 3, 2014 Page 1 of 6 communications with each other. There are liability issues that will have to be resolved, so until then the city has been instructed not to step in. The actions of some individuals may have contributed to the accident, and until the insurance companies move forward and resolve the issue, the city’s hands are tied. The Mayor said he understands they are billing the individuals instead of the companies so the individual’s credit ratings are going down for not paying the bills. The bills should be going to the company and not the residents. Mr. Westenskow said there were some bills that were sent to the residents, but they were forwarded to the contractor who was working on site at the time. The Mayor clarified that the residents have been directed not to pay for any bills, but to send them to the contractor. He asked if Mr. Westenskow was the liaison on this issue. Mr. Westenskow said he is responsible, essentially, for what happens on the site during construction, but Chris Meats has taken over the correspondence with the insurance companies. The Mayor asked what kind of response is he getting from the insurance companies. Mr. Westenskow said he was told they are talking to each other and working on the paperwork. The Mayor said the city needs to put pressure on the contractor and insurance companies. The Mayor asked if Mr. Pope was satisfied with the cleanup efforts. Mr. Pope said yes, he was until they stopped because of nonpayment. The Mayor said, so the work is not completed. Council Member Peterson said the same thing happened on Trona around seven years or so ago. How much is the bill for the cleanup? Mr. Westenskow said he has not seen any of the documentation regarding the cleanup. Council Member Peterson said residents are suffering and that is not right. The city should try to solve the problem and then deal with the insurance later. Council Member Coppolo said the homeowner’s insurance could pay for it, and then they could pursue the company that is responsible themselves. Mr. Pope said his insurance will only cover $5,000 on sewer backups and that won’t even begin to touch the work that has to be done. Mr. Black said he will have Chris Meats and Mr. Westenskow follow up with the city’s insurance company and see if there are any updates, then Mark will pass them onto the residents involved. RESOLUTIONS Budget Resolution for the Design of Phase 3, Phase 4, and Phase 5 of the 6th Penny Projects R14-26: A resolution of the governing body of the City of Green River, Wyoming, to approve an increase in the Capital Projects Fund for 6th Penny Projects in the amount of $90,000. Council Member Coppolo moved to approve the resolution for an increase in the Capital Projects Fund, for the 6th Penny Projects Fund, for the 6th Penny Projects, in the amount of $90,000 to acquire outside professional services as needed (including surveying and geotechnical/environmental investigations) for the design of Phase’s 3, 4, and 5. Council Member Maes seconded. City Council Proceedings June 3, 2014 Page 2 of 6 Mr. Westenskow said there is five year’s worth of 6th Penny projects. The first one is paved and will be open to traffic on Thursday. Phase 2 is in design and Phases 3, 4, and 5 are getting started with the design. The design phases are done in house by staff but there are some instances that they have to have outside help. Mr. Black said these are for the 6th Penny projects so the city will be reimbursed from the bond on the projects. Mr. Westenskow said there are no specific contracts at this time. This motion just gives staff the authorization to pursue contracts which will be brought back for approval when ready. The Mayor asked how the East Teton project was going. Mr. Westenskow said it has been paved, the contractor is still doing some cleanup work, but it will be opened to traffic on Thursday. Motion carried. (7-0) Reallocate Green River Arts Council Sponsorships to the Art Development Program Budget R14-27: A resolution of the governing body of the City of Green River, Wyoming, to accept the sponsorship for the Arts Council Program in the amount of $3,500 and to approve an increase in the Capital Projects Fund in the amount $3,500. Council Member Maes moved to approve the resolution accepting the sponsorship of the Art Council Program in the amount of $3,500 and the increase in the Capital Projects Fund in the amount of $3,500. Council Member Killpack seconded. Motion carried. (7-0) COUNCIL ACTION ITEMS Donations to the Green River Fire Department Council Member Killpack moved to accept the donation of a Keiser Force Machine and an Enforcer Forcible Entry Simulator from the Green River Fire Fighters. Council Member Stokes seconded. Council Member McCullough asked what the items are used for. Fire Chief Kennedy said the Keiser force machine is a machine is a machine that simulates the action of chopping an access hole in to a roof during a fire. Having the machine will stop the firefighters from having to cut into a real roof during training. The enforcer forcible entry simulator is a large steel door that firefighters can train on how to cut doors and break hinges to gain access to a building. Motion carried. (7-0) Acceptance of the 2014 Justice Assistance Grant Council Member Peterson moved to accept the 2014 Justice Assistance Grant in the amount of $19,938. Council Member Stokes seconded. The Mayor asked what the grant is for. Chief Steffen said this is a yearly grant that is available to law enforcement entities in the county. It is a federal grant, and is based on crime index reporting that is mandated to be done. It has to be jointly agreed upon by the GRPD, the Sheriff’s Department, and the Rock Springs Police Department. The city will receive a portion of the grant, and it will be used for the security portion of the new Police Department building. CONSENT AGENDA City Council Proceedings June 3, 2014 Page 3 of 6 Council Member McCullough moved to approve the following consent agenda items. Council Member Killpack seconded. Motion carried. (7-0)  Waiver of dumpster fees for the American Legion  Landfill removal requests for tires from Bill Lell, William Yates, and Todd Lewis  Horse corral lease with Eric Johnson for corrals #19 and #20  Issuance of a catering permit to the Wild Horse Saloon for June 6th and 7th, 2014 from 6 pm to midnight, at the Rodeo Arena  Issuance of an open container permit to the Wild Horse Saloon for the Benefit Poker Run for the Disabled Veterans, from noon until midnight, on Saturday, June 21, 2014, in the fenced area of the Wild Horse Saloon parking lot  Issuance of an open container permit to the Ponderosa Bar, Inc. for June 14, 2014, from 4 pm to 2 am, for the barricaded area used for parking and the drive up window, and authorization for outdoor music for their “Kick off to Summer” party  Minutes for: May 13, 2014 Budget Workshop, May 15, 2014 Budget Workshop, and May 20, 2014 Council  Financial Reports and Payment of Bills: Prepaid Invoices = $107,194.78 Outstanding Invoices = $1,341,510.96 Payroll Expenditures = $644,877.34 Pre-authorization Payments = $1,074,000.00 Cash & Investment Balances Report CITY ADMINISTRATOR’S REPORT Mr. Black said one item approved on the consent agenda was to waive the dumpster fees for the American Legion. They are coming back to Green River and will be remodeling the building. He thanked the volunteers for their work. He recognized Misty Springer and Allan Wilson for helping the city receive the Environmental Protection Agency Grant. The city will be receiving a $200,000 grant that will be used for the Depot cleanup. He asked Mr. Wilson to explain what is going on with the Clock Tower Project. Mr. Wilson said they are in the process of bidding the project. They received state grants for the project, so they have to stay competitive and follow state statutes which require local contractors to bid. The bids will be opened on June 11, 2014. It is a slower process, but once it gets moving it will go quickly. Council Member McCullough said the city jumped the gun on the ribbon cutting since the work wouldn’t start for a while. Mr. Wilson said it is moving forward. Mr. Black said the city has a lot of other projects going on so they want to try to spread them out. On June 10, 2014 there will be a workshop at 6:30 pm. They will discuss the deer and the firework issues. They will have an executive session regarding personnel matters, but there is no plan of action. CITY ATTORNEY’S REPORT Mr. West had nothing to report. MAYOR AND COUNCIL REPORTS Council Member Stokes asked council to think about given the employees the 2% increase. Council Member Killpack agreed with Council Member Stokes. He asked for council support to direct staff to write up an article for the newspapers explaining the reasons why the city has to increase rates in wastewater and solid waste, and why there is a need for a transfer station. It should be a full page ad explaining what the city is doing and why. City Council Proceedings June 3, 2014 Page 4 of 6 Council agreed. Council Member Killpack said he is concerned about using risk management funds and reserves for general budgetary items. He said tonight the council approved $3,167,581. And in two weeks there will be more invoices and payroll expenses that will need to be approved. Council will look to approve around $5 million for the month. The city will not have enough money to take care of everyday bills. He asked Mr. Nieters to give them true numbers that will give them a better idea on what the city will get in revenues next budget. Mr. Nieters said by early next week the city should receive the month of May distributions. In the last four months the city has collected on average of $825,000 per month, which is not anywhere close to what was received in the past. When he calculated the current revenue which includes the four cent and one cent, he estimated a $970,000 in revenues per month for the next budget. He suggested, adjusting the revenue numbers to be more accurate to what is being received now, so the city doesn’t have to adjust by a larger number in six months. He also suggested delaying as many projects and items they can now and look at it later. Mr. Black asked what projects could be delayed and how much would they total. Council Member Killpack said if the city collects the $825,000 in revenue the city would collect $9.9 million. The budget has $14 million in operating expenses, requested projects are $1.1 million and other items total $1.7 million. That is $17 million, so the city will not have enough funds to operate. Mr. Black said council needs to remember sales tax is only one form of income for the city. There are other revenues. Mr. Nieters said these are the items that can be delayed:  Major maintenance programs  Capital assets in IT $87,600  Breathing apparatus $121,500  Slurry seal for $150,000  Asphalt crushing $75,000  Boiler replacement $200,000 If the city knows the revenues are declining, the revenue should be adjusted now instead of later in the year. Council Member McCullough asked that the information be given to council so they could look at it and decide. Council Member Maes congratulated the Quilt Show event for being successful. She reminded everyone the Overland Stage Stampede Rodeo will take place this Friday, June 6th and Saturday, June 7th, at 7 pm. Council Member Coppolo had nothing to report. Council Member McCullough said the 2% raise makes no sense with the revenues being low. He thanked Lewis and Lewis for getting all of the work done early. He thanked everyone who has volunteered to run for political office. Council Member Peterson asked Mr. Pope to stay after the meeting and talk with him. He can’t believe the city will not pay the bill for the work being done. This is frustrating because he was assured by Mr. Black that ARS cleaned it up and everyone was happy, but now he is being told something different. He said the service road between the cities could help both communities so he would like to see it move forward. The Mayor apologized to Mr. Pope for the issues that are happening. The city needs to push the insurance companies and the contractors to get this issue resolved. City Council Proceedings June 3, 2014 Page 5 of 6 He congratulated Misty and Allan for their hard work on the grant and receiving it. Everyone needs to be more aware of kids crossing streets since school is out. He will be attending the Simplot meeting tomorrow at 10 am, at the Holiday Inn, in Rock Springs. Council Member Coppolo asked if it would be appropriate to go into executive session to discuss legal issues. Mr. West asked if he was talking about litigation, or what was he referring to? Council Member Coppolo said he wants to make sure if someone from council speaks to residents on the Riverview issues they don’t speak incorrectly. Mr. West said there is a procedure level issue and a secondary issue, executive sessions can only be reserved for specific topics of discussion like pending litigation and personnel. It would not be appropriate to suggest an executive session at this point. Mr. Black suggested if an individual or group of no more than three council members wished to talk with Mr. Pope that Mr. West be present as well. ADJOURNMENT Council Member Coppolo moved to adjourn at 8:24 pm. Council Member Stokes seconded. Motion carried. (7-0) ______________________________ H. Castillon, Mayor ATTEST: _____________________________ Jeffrey V. Nieters, City Clerk City Council Proceedings June 3, 2014 Page 6 of 6