City Council Meetings

CITY OF GREEN RIVER CITY COUNCIL PROCEEDINGS June 17, 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, Utility Superintendent Jason Palmer, 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 Council Member Killpack moved to approve the agenda. Council Member McCullough seconded. Motion carried. (7-0) Mr. Black clarified the public hearing is not the time to vote on changes to the budget components but is an opportunity for the public to offer comment on the proposed budget. Under state law the budget has to be adopted tonight. Mr. Wilson will explain the Byrne Grant Funding and will ask council to authorize the funds for the contract for Groathouse Construction and the extension of the completion of the PD building until July 11, 2014. Under the resolution amending the City’s Classification Plan, the position of Instructor Aide was mistakenly red lined and was not intended to be struck out, so an amendment will have to be made to add the position back in to the classification plan. Under the Schedule of Fees, Ms. Leigh will clarify the residential remodel permit fee will be based on the value of the remodel not the three tiers that are proposed. PRESENTATIONS Joint Powers Water Board Update Pati Smith, Phil Luzmoore, and Brian Seppie gave a brief update on the Joint Powers Water Board. CITIZEN REQUESTS AND OTHER COMMUNICATIONS Mr. Wilson said on June 14, 2014 the LDS Youth Conference was held in Green River. There were 313 students and 80 adults in attendance. The students cleaned up at the landfill, stained fencing at the cemetery, cleaned up the shooting range, cleaned up FMC Park, and identified regrowth areas on the river for the Russian Olive/Tamarisk Project. He thanked the LDS church for hosting the event. He thanked the Solid Waste Department for their assistance. The Mayor thanked them as well. Patsy Sorenson suggested naming some part of the new PD building in honor of Officer Beck. At the last workshop the conclusion on the deer issue was to educate the public. The suggestion was to send out a survey but she does not feel like that will be sufficient enough. She said it would be better to let residents hear what was said at the workshop. She suggested the council host public meetings in the parks, by ward, where the council members for each ward will attend along with the Game and Fish people. The Mayor asked her if she signed up for the committee. Ms. Sorenson said no she wasn’t aware of a committee. City Council Proceedings June 17, 2014 Page 1 of 9 The Mayor suggested she become a part of the committee and bring the idea to Chief Steffen. Resident James Punches said he is concerned with the elimination of the executive assistant position. This person is a point of contact for contractors for city projects. The Mayor believes this is a direct target of the person in the position, but council denies that they are targeting the person. It is against the charter ordinance for council to fire an employee. There were no problems with the employee addressed to the city administrator. He would like to know how this action is legal. Mr. West said the budget or positions have not been finalized yet so there is no reason to debate the issue. EXECUTIVE SESSION ON PERSONNEL MATTERS Council Member Killpack moved to go in to an executive session to discuss personnel matters at 7:25 pm. Council Member Peterson seconded. Motion carried. (7-0) RECONVENE Council Member Killpack moved to reconvene at 7:51 pm. Council Member Stokes seconded. Motion carried. (7-0) COUNCIL ACTION ITEM Council Member Stokes moved to approve the confidential personnel agreement presented in executive session and authorize and direct the Mayor to execute the same on behalf of the city. Council Member Killpack seconded. Motion carried. (7-0) PUBLIC HEARINGS Proposed Budget for Fiscal Year End 2015 Mayor Castillon opened the hearing at 7:52 pm. Mr. Black thanked Mr. Nieters for his time and efforts on the budget. As it is now, with the actions recommended, there is approximately $930,000 in un-appropriated funds in the general fund. This means any items that come up, within the fiscal year, can be used to meet shortfalls in revenues or meet emergency issues or projects that come up. It is his and Mr. Nieters recommendation to put a number of items on hold until the revenue numbers come in. If council would like to move items that are on hold back into the approved budget, it would be the right time to do so during the budget resolution. Creating a HR Director position and eliminating the HR Compliance Officer position would require an action during the budget resolution. There has not been a formal decision on the one-time stipend of $2,000 for full-time employees, with exception of contract employees, and a proportionate amount based on 520 hours worked in the past year for part-time employees. There are a number of capital items from departments that will require the departments to come back to council and ask for a resolution to amend the budget to authorize those projects to move forward. The majority of those are not expected to be needed until after January so that will give council the opportunity to see how the sales tax revenues come in. The solid waste fund equipment replacement items will be placed on hold until the state approves the grant funds. The air service subsidy is on hold until further negotiations with the county can take place. The Board of County Commissioners awarded the city $1.2 million in consensus funding for the FY 2015 budget. This amount was not included in the proposed budgeted amounts so it can be used for capital projects. There are a number of positions to be created or authorized based on the funding that is in the budget: positions associated with maintenance in Parks and Recreation, a new position in Utilities, creation of a senior administrative assistant in the Fire Department, and the authorization in the URA/Main Street program and the Parks and Recreation program to spend within their budget authority the ability to create a shared full-time position. The Mayor closed the hearing at 7:59 pm. City Council Proceedings June 17, 2014 Page 2 of 9 RESOLUTIONS Allocation of JAG Byrne Grant Funding R14-28: A resolution of the governing body of the City of Green River, Wyoming, to approve an increase in the Capital Projects Fund for the Police Department/Municipal Court Building Project in the amount of $19,237 and to approve Change Order #2 to extend the contract completion date to July 11, 2014. Mr. Wilson said there were last minute changes to the resolution that changed the amount to $19,237 and extended the project to July 11, 2014 for final completion and to authorize the Mayor to sign the AIA Agreement. Council Member McCullough moved to approve an increase in the Capital Projects Fund for the Police Department/Municipal Court Building Project in the amount of $19,237 and to approve Change Order #2 to extend the contract completion date to July 11, 2014. Council Member Maes seconded. Motion carried. (7-0) Renewal of the Agreement for the 6th Penny Bond Lease Payments R14-29: A resolution authorizing renewal of that certain lease and agreement, dated as of July 30, 2013 by and among Sweetwater County, Wyoming; Castle Rock Special Hospital District; Town of Granger, Wyoming; City of Green River, Wyoming; City of Rock Springs, Wyoming; Town of Superior, Wyoming; Town of Wamsutter, Wyoming, and the Sweetwater County 2013 Specific Purpose Tax Joint Powers Board, through the budget and appropriation of funds for the payment of rental payments and additional rentals thereunder for Fiscal Year 2014-2015. Council Member Stokes moved to approve the resolution authorizing the renewal of the agreement for the 6th Penny Bond Lease payment for Fiscal Year 2015. Council Member Peterson seconded. Mr. Black explained this is part of the 6th Penny projects where communities issued bonds to move projects ahead, rather than doing them on a cash basis as the 6th Penny dollars are received. Every year lease payments will have to be approved and budgeted for the spending of the funds and then reimbursed on a cash basis. Motion carried. (7-0) Amendment to the City’s Classification Plan R14-30: A resolution amending the City’s Classification Plan Council Member Killpack moved to approve the resolution amending the City’s Classification Plan to reinstate the HR Director position and to amend the Senior Administrative Assistant classification. Council Member Stokes seconded. Council Member Maes moved to amend the motion to include the Instructor Aide position in the Classification Plan. Council Member Killpack seconded. Council Member Coppolo said he is against this because the HR Compliance Officer is already budgeted and is plenty for the city to have. The Mayor said he is not in favor of this. The HR Director has been put in place by the governing body to be appointed by the city administrator. Taking the executive assistant position out of Administration and putting it in another department is not something that should happen. Council Member Killpack called for the motion. Council Member Stokes seconded. Motion carried (5-2) with Council Member Coppolo and the Mayor voting no. City Council Proceedings June 17, 2014 Page 3 of 9 Council Member Killpack called for the question on the original motion. Council Member Stokes seconded. Motion carried (5-2) with Council Member Coppolo and the Mayor voting no. Budget Adoption for Fiscal Year Ending June 30, 2015 R14-31: A resolution making appropriations and adopting the budget for the City of Green River, Wyoming, for the Fiscal Year beginning July 1, 2014 and ending June 30, 2015. Council Member Maes moved to approve the resolution making appropriations and adopting the budget for the fiscal year beginning July 1, 2014 and ending June 30, 2015. Council Member Stokes seconded. Council Member Killpack moved to amend the budget to include a one-time stipend as directed by the City Administrator. Council Member McCullough seconded. Mr. Black clarified the motion would include a one-time stipend of $2,000 for full-time employees and a proportionate stipend for part-time employees that have worked 520 hours or more during the last year. This will be calculated at the end of next week. Council Member Coppolo said he will vote against the motion because of HR position and the Executive Assistant position. Motion carried (6-1) with Council Member Coppolo voting no. Mr. Black clarified that the amount for the stipends will be around $261,000 and a portion will come out of the General Fund and a portion will come out of the Enterprise Funds. The Mayor said he is concerned with dissolving a position and then creating it somewhere else. The City Administrator’s and the Mayor’s office will be left without any clerical support. The office needs the support to carry out their duties. He asked council to reconsider. Council Member McCullough disagreed. The position has only been there for three years and functioned just fine without it before that. The Mayor asked why the position is being moved to the Fire Department when they have never asked for a full-time position. He will vote against the budget because he feels it violates the charter ordinance. It is a personal action against the individual and should have never been brought to the public forum. Mr. Black clarified council recommended to reinstate the HR Director’s position and to remove the HR Compliance Officer position. An amendment will need to be made to fund the HR Director position. Council Member Killpack moved to amend the budget to defund the HR Compliance Officer position and to fund the HR Director Position. Council Member Stokes seconded. Mr. Black clarified it would be a reduction of $84,000 and an increase of $125,000. Council Member Killpack clarified it would be an increase of $41,000 only because that is the difference between the positions. Council Member Coppolo said this is foolish because the city has a tight budget and the position is not necessary. Motion carried (5-2) with Council Member Coppolo and the Mayor voting no. Mr. Black clarified there are two amendments to the budget; one for the stipend and one for change in funding from the HR Compliance Officer and the HR Director position. Original amended motion carried (5-2) with Council Member Coppolo and the Mayor voting no. Wages for Fiscal Year Ending June 30, 2015 City Council Proceedings June 17, 2014 Page 4 of 9 R14-32: A resolution establishing wages for all Elected and Appointed Official of the City of Green River, Wyoming, for Fiscal Year ending June 30, 2015 Council Member Stokes moved to approve the resolution establishing wages for all elected officials of the city of Green River, Wyoming, for fiscal year ending June 30, 2015. Council Member Maes seconded. Council Member Coppolo suggested cutting the governing body’s salaries by 20% to show the employees they are willing to do their part in a tight budget. Council Member Coppolo moved to amend the motion to reduce the governing’s body salaries by 20% for Fiscal Year ending June 30, 2015. No second motion dies. Council Member Peterson asked why the building inspector position was being removed. Mr. Black said the city has a senior building inspector remaining in the position and the building inspector position was an unused position. Motion carried (6-1) with Council Member Coppolo voting no. Schedule of Fees for FYE2015 R14-33: A resolution adopting the Schedule of Fees charged for services, products licenses, rentals, ect. for the City of Green River, Wyoming, for the Fiscal Year beginning July 1, 2014 and ending June 30, 2015 Council Member Killpack moved to approve the resolution for the adoption of the Schedule of Fees for the Fiscal Year ending June 30, 2015. Council Member McCullough seconded. Ms. Leigh said, if adopted, the Building Permit fees for single family dwellings will have three tiers. The way it was worded made it sound like a person wanting to do an addition on their house would have to pay $1,000. She is requesting to add this language: Single family building additions, garage additions, and structures accessory to single family dwelling shall follow the construction valuation permit fee schedule listed above. Council Member Killpack moved to amend the fee schedule by adding the language, as requested by the Community Development Director, to the building permit fees. Council Member Peterson seconded. Motion carried. (7-0) Council Member McCullough said the sewage fees will go from $14.81 to $15.55, solid waste residential rates will increase from $19.85 to $24.50, and the commercial solid waste rates will increase from $13.16 to $17. He does not have a problem with these rates. He asked why the flatbed service is going from $25.00 to $85.00 and why the landfill usage fees are going from $38.39 to $78. Ms. Roosa said the fees were based on tonnage generated versus the usage of the landfill. Businesses are not given free access to the landfill but residents are given free access. Council Member McCullough said increasing the flatbed fee will encourage people not to use the flatbed because the cost went up so much. Ms. Roosa said the fee is exactly what it costs to provide the flatbed service. Council Member McCullough asked, wouldn’t the increase to the landfill usage fee really hurt commercial businesses? Ms. Roosa said yes. Council Member McCullough moved to amend the schedule of fees as listed below:  Flatbed Fee from $25 to $50 City Council Proceedings June 17, 2014 Page 5 of 9   Landfill Usage Fes: o Commercial businesses and non-residential operating privately owned cars from $38.39 to $47.22 o Commercial businesses and non-residential operating pickup trucks or trailers from $38.39 to $47.22 o Resident customers operating oversized vehicles from $38.39 to $47.22 o Commercial businesses and non-residential operating oversized vehicles from $38.39 to $47.22 o Private contractors hauling demolition refuse generated within city limits from $38.39 to $47.22 Council Member Killpack seconded. Council Member Coppolo said solid waste has been losing money for a while now and staff has worked hard to set the fees to what they feel is needed. He is in support of what they have requested. Council Member Killpack said he doesn’t understand if the enterprise fund functioned just fine on its own for a long time, but now it’s not. In the Solid Waste Fund they have a fund balance of $594,000, the Wastewater Fund has $2 million, and the Water Fund has $4 million, so something is being done right. He does not have a problem with a small increase but not a large one. Council Member Peterson said increasing the landfill usage fees for private contractors hauling refuse to our landfill will buy the city time, if they can be encouraged to dump somewhere else. If the businesses are dumping more often that means they are busy and that is good. Council Member Stokes said the city has to deal with these issues now because of decisions that were made in the past. He agrees there is a need to increase the fees, but he is not sure if it needs to be increased that much. Council Member Maes said the commercial business fees are being increased because the city does not have the room at the landfill. The changes have to occur by 2017 so the fees will have to be increased to cover the costs. She asked if they will continue to offer free flatbed services for clean-up. Ms. Roosa said yes, four times a year. Council Member Maes said the city needs to start somewhere so she does not have a problem with the fees. Council Member McCullough said the fees need to increase, and the 23% is better than 100%. Council Member Coppolo said the fund balances are there for a reason, so the money is there for any improvements that come up or are required in the future. The Mayor asked if the fund balances reflect the needs for the future increases the city is facing in the future. Mr. Black said they believe the Water Fund is fine so they did not asked for any increase. They have recommended a 5% rate increase in the Wastewater Fund to build up the balance to have cash match available for the new plant. Staff has been aggressive and successful with the grant and they will be going down to meet with the State Land and Investment Board to see if they will get assistance with the lift station projects. The Solid Waste Fund is underfunded even with the reserves that are there. The city is facing large projects with the closer of the landfill and the transfer station, and will need to have money set aside for mitigation on the landfill for 30 years. Mr. Nieters said the estimated costs for the closure of the landfill and the transfer station is and $5 million and the closure is roughly $3 million. Council Member McCullough asked if the city would get a grant for those projects. City Council Proceedings June 17, 2014 Page 6 of 9 Mr. Black said the city will not get a grant for the post closure, the only available funds are for the closure and the transfer station. Typically there will be a match required. The Mayor said the grants are not a for sure thing. Council Member Killpack said he understands the need but the increase is too large. Solid Waste, Wastewater, and Water provide services that the city has to have. If the city chooses to go forward with the depot, the matching grant amount is around $3 million just to get $1 million back. If the solid waste fund is in such need, then the money for this project could be used for this instead. Mr. Wilson said the depot fund has received $200,000 from the EPA with a required match of $22,000 in in-kind services and a cash match. Phase one is estimated to costs $3.1 million. The Wyoming Business Council grant has a 70% to 30% split. The city has $470,000 left in the general fund for the project and there is a $1 million grant from the Wyoming Business Council. If the city gives the grant back to the Wyoming Business Council it could cause a problem getting them in the future. Council Member Killpack clarified the city has to spend $2 million to get $1 million in grants for the depot project. The city has to come up with the money to get the grant. The depot is a want it not a need. Mr. Black said there are two ways to deal with the Solid Waste Fund. One is to take the large portion rate increase now to demonstrate to the SLIB that the city has the ability to generate the funds to meet the loans for the grants. If the increase is not done this year there will be a much larger increase proposed next year. The Mayor said there were two proposals during the workshop and he said he would support going with the lower rate increases if council agreed not to return any grants to the state. He thinks the community has identified the depot as something that needs to be addressed, so he does not know why the depot is being brought back up again. Council Member McCullough called for the question. Council Member Stokes seconded. Motion carried (4-3) with Council Members Maes, Coppolo, and the Mayor voting no. Original motion carried. (7-0) COUNCIL ACTION ITEMS Change Order #2 for the Southside Water System Improvement Project Phase II Council Member Coppolo moved to approve Change Order #2 to Lewis and Lewis, Inc. for the Southside Water System Improvement Project Phase II in the amount of $147,257.60. Council Member McCullough seconded. Motion carried. (7-0) Accept the Yearly Radio Maintenance Agreement with Wireless Advanced Communication Council Member Peterson moved to approve the yearly maintenance agreement between the Green River Police Department and Wireless Advanced Communication in the amount of $14,700 for FY 2014 (contract starting June 1, 2014 and ending June 30, 2015). Council Member Stokes seconded. Motion carried. (7-0) Bid Award and Agreement for the Proxim Equipment/Installation and Maintenance with Sparky Enterprises, Inc. Council Member Coppolo moved to award the bid for the Proxim equipment/installation to Sparky Industries, Inc. in the amount of $89,269 and to approve the one-year maintenance agreement pending legal review. Council Member McCullough seconded. Motion carried. (7-0) CONSENT AGENDA City Council Proceedings June 17, 2014 Page 7 of 9 Council Member Maes moved to approve the following consent agenda items. Council Member Coppolo seconded. Motion carried. (7-0)  2014 Recreation Center Beverage Vending Service Contract with Western Wyoming Beverages, Inc.  2014 Recreation Center Custodial Services Contract with Castle Cleaning in the amount of $60,000  One-year extension with Long Building Technologies for HVAC services in the amount of $26,078  Issuance of a Festival Vendor’s Permit and waiver of vendor fees for the Flaming Gorge Days Festival in the Park Event  Issuance of Malt Beverage Permits to Flaming Gorge Days, Inc., for Friday, June 27, 2014, from 10 am to 5 pm, at Evers Park, and from 5 pm to midnight at Stratton Myers Park; and Saturday, June 28, 2014, from 10 am to 5 pm, at Evers Park, and from 5 pm to 1 am at Stratton Myers Park  Issuance of Open Container Permits to the Ponderosa Bar Inc. for June 27th and June 28th from 10 am to 2 am, for the barricaded area at 41 East Railroad Avenue  Issuance of Open Container Permits to the Wild Horse Saloon for the Flaming Gorge Days All Night Openings on June 27th and 28th in the fenced off area of the Wild Horse Saloon Parking lot, and permission for live band music performed outside in the parking lot on the same days  Memorandum of Understanding for grounds maintenance with the Sweetwater County Child Development Center  Amendment one to extend the term of the Wyoming Business Council Green River Urban Renewal Agency Technical Assistance Funding Contract for June 30, 2014 to December 31, 2014  Contract with Mill Creek Metals to remove scrap metal from the Landfill at a rate of $191 per ton  Minutes for: May 22, 2014 Budget Workshop and June 3, 2014 Council  Financial Reports and Payment of Bills: Prepaid Invoices = $11,853.14 Outstanding Invoices = $935,520.10 Payroll Expenditures = $340,545.13 Pre-authorization Payments = $1,064,000.00 Cash & Investment Balances Report CITY ADMINISTRATOR’S REPORT Mr. Black said in an abundance of caution, just to make sure it’s clear there was discussion during the budget, with regards to the Parks and Recreation Department and the URA/Main Street Department sharing a full-time position, if they did so within the budgeted allocation. Now that the budget is approved, as of July 1, 2014, it would be appropriate to make a motion to authorize them to move forward, within the budget constraints, should they so choose. Council Member Killpack moved to allow the Parks and Recreation Department and the URA/Main Street Department to move forward with the full-time split 60% and 40% position as long as they stay within their authorized budgets. Council Member Stokes seconded. Motion carried (6-1) with Council Member Maes voting no. Mr. Black said he will be stepping down as the City Administrator. His last day in the office will be July 1, 2014 and the last effective date is July 18, 2014. He is returning to the east coast to pursue other options. He appreciated the opportunity to work for the City of Green River. CITY ATTORNEY’S REPORT Mr. West had nothing to report. MAYOR AND COUNCIL REPORTS Council Members Peterson, McCullough, Coppolo, Maes, and Killpack had nothing to report. Council Member Stokes said Ms. Sorenson has a good idea to host public meetings to educate the people on the deer. He received an email stating a resident’s grandchild was chased down the City Council Proceedings June 17, 2014 Page 8 of 9 street on her bike by a deer, and in another neighborhood a resident’s dog was taken out by a deer. The deer are an issue and something needs to be done. The Mayor said deer are an issue, and he thanked Ms. Sorenson for her feedback. He is sorry to see that Mr. Black is leaving. He has done a great job for the city. The city will be receiving $1.2 million in consensus funding and that will help the city’s financial position. Simplot’s Industrial Siting Act and the FMC Project could produce revenue for the city as well. He received a call from a local newspaper stating the city could not pay their payroll. He contacted the newspaper back and let him know that the allegation was completely unfounded. ADJOURNMENT Council Member McCullough moved to adjourn at 9:02 pm. Council Member Coppolo seconded. Motion carried. (7-0) ______________________________ H. Castillon, Mayor ATTEST: _____________________________ Jeffrey V. Nieters, City Clerk City Council Proceedings June 17, 2014 Page 9 of 9