City Council Meetings

CITY OF GREEN RIVER CITY COUNCIL WORKSHOP PROCEEDINGS June 10, 2014 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: Mark Peterson, Tom McCullough, Adam Coppolo, Brett Stokes, Gary Killpack, and Lisa Maes. The following were present representing the City: City Administrator Marty Black, Chief of Police Chris Steffen, Animal Control Supervisor Tracy Wyant, and Fire Chief/Emergency Services Mike Kennedy. The Mayor requested a moment of silence in honor of Police Officer Beck. He sent his condolences to the Beck family. Fireworks Fire Chief Kennedy said staff was asked to prepare an overview of the existing ordinances and regulations on fireworks. Fireworks account for a substantial number of preventable injuries and fires. The safest way to enjoy them is through public display conducted by professional pyro technicians. The city’s current insurance company commented the safest thing to do is to maintain the city’s current position and they reminded the city that it is more difficult to move to a more restrictive position once you relax your position. The ordinance is a good ordinance and was intended to provide for the safety of all citizens of Green River and their property. Staff is recommending not to relax the Ordinance as there is the possibility of an increase in the amount of fires, injuries, property loss and complaints because of the use of fireworks. In the event of fires, there is an increased risk to not only the citizens but also the emergency responders that are called upon to extinguish the fire. Police, Fire, and EMS resources could very easily become overwhelmed with requests for services. The best thing to avoid the tragedy of a fireworks accident is to not use them and stay away from those who do. According to the National Safe and Kids Campaign; initial costs for admission to pediatric center for burn injuries average over $20,000 while long term care costs for third and fourth degree burns, including hospitalization, skin grafts, and physical therapy, can easily run into six figures.  In any year an average of 9,600 fireworks related injuries were treated in the U.S. hospital emergency rooms  People actively participating in fireworks related activities are more frequently and severely injured than bystanders  The risk of injury or death is substantial when using any type of fireworks  One quarter of the victims injured were under the age of 15  In 2007, an estimated 20,014 reported fires were started by fireworks and five people per year were killed directly by fireworks  In 2011, an estimated 17,800 reported fires were started by fireworks, these fires resulted in $32 million in direct property damage Chief Steffen said the majority of the calls on July 4th are dealing with noise complaints. He does not want anyone to get hurt or to have property loss. Council Member Killpack said there are a number of people that set fireworks off on July 4th but there are residents that would like to set them off in town legally. Chief Steffen said every year they have people setting them off in their yards, but they risk getting a ticket for $210. The Police Department will do as council directs. Council Member Peterson asked if anyone knew where the town of Evanston, Wyoming allows their residents to set off fireworks. There isn’t a safe area that can be used in Green River. Council Member McCullough said he recommends keeping the ordinance as it is. City Council Workshop Proceedings June 10, 2014 Page 1 of 6 The Mayor asked what the federal land policies are on fireworks. Fire Chief Kennedy said setting a fire or any incendiary device is illegal on federal property. The Mayor said the ordinance was drafted for a specific purpose and that was public safety. It should stay as it is. Resident Richard Marsing said he would like to know the statistics of fireworks in Green River. How many fires has the city had that started and how many injuries were caused by fireworks? Fire Chief Kennedy said he is not sure on injuries because they don’t track them, but in 1997 they responded to twenty-eight fires and most were caused by fireworks. Mr. Marsing said there are fireworks being set off on top of the mountains and at the airport and that is where it is dangerous. What he would like to do is to light them off at his home where he will be prepared with water and other safety precautions. Council could allow fireworks to be set off in city limits during a certain time period. If fireworks aren’t allowed then the sale of fireworks should not be allowed. Terry Nielson agreed with Mr. Marsing. He said people are allowed to have fire rings in their back yards so what is the difference between lighting fireworks and having a fire in a fire ring? Fire Chief Kennedy said small fire rings with a grated top are just like a barbeque and he does not see any issue with them. Large fires in barrels and burning trash is not allowed. Council Member Killpack asked what would happen if someone caused a fire from fireworks and what does the city’s insurance say about it. Fire Chief Kennedy said they would be liable for the damage. The city’s insurance company said they could not make any firm recommendation until they see the changes to the ordinance. Chief Steffen said on fire pits, there is an ordinance against burning in the city limits and they do get complaints but it is hard to tell where it is coming from. They do address issues the best they can if they can prove fault. Council Member Coppolo said the aerial fireworks are the issue, right? Fire Chief Kennedy said most injuries are from sparkers and small fireworks. The aerial fireworks cannot be controlled so you never know where they are going to end up. It would be really difficult, to separate the types of fireworks to allow some and not others. Council Member Coppolo said they should be band completely or not, no separation. Council Member Stokes said catching someone who is lighting fireworks off in the county is really difficult but making it where everyone can light them off in their yards and then proving fault if something was to happen would be just as hard. Council Member Maes said she sees both sides but safety is the issue. Some people will be responsible and some won’t. Where are people allowed to light them? Is it on private property? Chief Kennedy said the lake. Mr. Black said the county also restricts fireworks so it would not be allowed on private property or the lake. Duane Kerr said he is in favor of maintaining the ordinance as it is. He has always found burnt fireworks on his home and in his yard even with the ordinance. It is dangerous for anyone, and litter will be left everywhere from fireworks even more than it is now. Council Member Killpack thanked everyone for voicing their concerns. City Council Workshop Proceedings June 10, 2014 Page 2 of 6 The Mayor said it looks like the council will keep the ordinance as it stands. Deer in Green River Chief Steffen said there are concerns with the amount of deer in town. There are four primary ordinances that come along with the issue:  Section 6-9 Feeding Deer Prohibited  Section 18-62 Hunting and Trapping Prohibited  Section 18-63 Discharge of Firearms  Section 18-61 Throwing Projectiles/Shooting Bow All of these will have to be changed depending on what the governing body decides. Citizen’s concerns are with health of the deer and people, the damage to property, and the large number of deer within the city. The Mayor asked Duane Kerr, from the Game and Fish Department, if calling the herds was an option. Mr. Kerr said it is an option but it would be the responsibility of the city. The city could apply for a Chapter 56 permit based on the lethal take of wildlife. A city may apply for the permit to call deer but it would be their responsibility to cover the costs that come with it. Sheridan, Thermopolis, Sundance, and Buffalo Wyoming are cities that have done so. Most of the costs associated are for the meat processing. A processor can have called deer brought to them, but these deer are required to be tested for chronic wasting disease and that takes time. The Mayor asked him what he would recommend. Mr. Kerr said the results have been mixed with calling the deer in other areas and there are mixed emotions on both sides. The Game and Fish can give information to residents about deer resistant items and other options to protect items that residents don’t want eaten or damaged. The Mayor asked if relocation is an option. Relocation is not an option for the deer in Green River, because some of the deer have tested positive for chronic wasting disease and outside area deer have not tested positive. Council Member Coppolo asked how effective electric fencing is. Mr. Kerr said they can be effective but it depends if you set them up like they should be. Council Member Coppolo said this is something that council can change because there is an ordinance that restricts electric fencing in town. Mr. Kerr said there are motion activated sprinklers that can work. The deer can become complacent so they might get used to these things. Council Member McCullough said calling the deer in other areas has not fixed the problem they were having so he doesn’t think this is the right thing to do. He isn’t sure what needs to be done but he suggested doing a questionnaire to see what residents would like to see. Mr. Kerr said calling deer has reduced the numbers and complaints have gone down, but no one knows if one is from the other. Council Member Killpack said he is not sure what to do but something needs to be done. Calling the deer is an option that could help. Resident Lori Lewis has researched this issue, and said the Wyoming Mule Deer Initiative said controlled harvest is an essential tool managers use to regulate deer populations, without it deer typically increase until they over use the available forage leading to a higher likelihood of disease and weather related mortality. Under such conditions deer are prone to boom and bust cycles increasing to unhealthy levels and declining to lower numbers. City Council Workshop Proceedings June 10, 2014 Page 3 of 6 Everyone sees unhealthy deer in town and now they are testing positive for chronic wasting disease. They are eating food that is not as good for them. They are secure in town and are not afraid of people. Calling the deer is one option. On a deer friendly website it said hunting with bow or rifle costs $350 per deer with an immediate reduction of deer was a pro. The con was the and more deer could move in. Deer contraception would costs around $200 per deer to stop producing. To spay and neuter is an option and costs $1,000 per deer. She said birth control has a 90% to 95% effective rate and keeps the people happy and controls the population. The Colorado State University Extension said a hungry deer will eat almost anything and there is no deer proof plant out there. The most effective way to stop deer damage is 8 ft. fencing. She does not want to see everyone building fences to keep them out, but something needs to be done. She has only talked to two people who don’t mind the deer; the rest don’t like them and want something done. Kevin Quitberg said he would take care of the deer for less than $4,000 and he will take care of the processing himself. His family loves to be outside and it is discouraging to see the work they do wasted the next morning. Calling would work because the pool of deer isn’t that large. Bill Lewis said his business is affected, but the problem is the lack of education. Doing nothing is not working. Asking other states what they have done to help with the same issue might be helpful. The population of the deer has grown and he doesn’t see them leaving, they are comfortable here. People will quit beautifying their yards because they are losing trees and shrubbery. What will happen to the beauty of the city? He will sell deterrent at cost, if it would help people. Richard Marsing said his neighbor’s kids were leaving to school but a buck deer wouldn’t let the kids leave the house, so the deer can be dangerous. He would appreciate it if council would do something. Josh Coursey said he doesn’t believe there is an answer that will satisfy everyone. The best idea is to educate ourselves on what other communities have done. This is an oasis in the desert and we provide foliage and they will continue to come where the food is. The options are not black and white. The cost of relocating deer is way too high and the possibility of the deer coming back is too. He cautioned on the calling of the deer until they do more research. The species as a whole are declining all over the western United States. Council Member Maes said she likes the option of birth control. She’s not sure of calling the deer until they get more information. She thanked Mr. Lewis for offering to sell deterrents at costs to help. Council Member Coppolo asked if there is a certain time that the city could get a permit to call the deer. Mr. Kerr said Thermopolis, Wyoming permit was for September 15, 2014 and it will expire December 2014. Sheridan, Wyoming permit is for March 12, 2014 and expires at the end of the year. So, it is up to the governing body to decide what time frame would be beneficial. Most of the call deer are for the adult doe deer that add to the population. Council Member Coppolo asked how the birth control would work. Game and Fish Biologist Patrick Burke said he isn’t up to date on contraceptives but there are a few options. One is injectable drug delivery and an IUD which is placed internally. Usually they use an injectable drug. Council Member Coppolo said they would have to do a roundup of the deer to do this. Mr. Burke said yes. Council Member Coppolo said the city would have to look at the costs of this option if it is something they want to do. Mr. Burke said it is an expensive option $700 per dose. City Council Workshop Proceedings June 10, 2014 Page 4 of 6 Council Member Peterson said the expense is too high and the city is low on funds for the budget. Council Member Stokes thanked everyone for their comments. This cannot be fixed overnight and education is the most important. The Mayor said he would like community volunteers to form a committee and do research on all of the options. He asked Mr. Black and Chief Steffen to head up the committee. Council Member Killpack thanked everyone who came to the meeting. He asked for a show of hands in the audience for people who are in favor of doing something with the deer. The majority of people attending would like something to be done. Lori Lewis asked if council would put a time limit on what to do or whether or not to do anything. The Mayor said if there is a response from the community to establish a working group to research the options and make a recommendation, he would agree to December. The Mayor noted the receipt of a letter from a resident requesting the city relocate the deer a long distance from Green River, because they are tired of trying the improve their yard only to have it destroyed. Chief Steffen said he will work on finding volunteers. Proposed Changes to the Personnel Manual Council Member Stokes asked to postpone going through the changes until the council gets a copy that shows the proposed changes. The council is not aware of what changes are proposed. Mr. Black said there is no presentation. He wanted to give the governing body the opportunity to look at the existing policy and the proposed policy. A number of changes are procedural changes and are required. The council can look at it and then it will be brought up again at a workshop. Council Member Stokes asked for a copy of the existing policy so they could see what will be changed. Mr. Black said there are two sets in the agenda packet; the first is the existing policy and the second is the proposed policy. They cannot give them a strike and add because they are moving items and changing items so it will make it impossible to read through it. Council Member McCullough asked for a copy of both. Mr. Black said council has both copies. Council Member Killpack said the HR Compliance Officer is still included in the proposed document so he would recommend they not do anything with it. Mr. Black said that is the intention but he wanted to let them know it was in the works. Adjourn to Executive Session Council Member Killpack moved to adjourn to executive session to discuss personnel matters at 8:06 pm. Council Member McCullough seconded. Motion carried. (7-0) Reconvene Council Member Coppolo moved to reconvene at 9:11 pm. Council Member Stokes seconded. Motion carried. (7-0) Adjournment City Council Workshop Proceedings June 10, 2014 Page 5 of 6 Council Member McCullough moved to adjourn at 9:13 pm. Council Member Maes seconded. Motion carried. (7-0) ______________________________ H. Castillon, Mayor ATTEST: _____________________________ Jeffrey V. Nieters, City Clerk City Council Workshop Proceedings June 10, 2014 Page 6 of 6