CITY OF GREEN RIVER CITY COUNCIL PROCEEDINGS SEPTEMBER 18, 2012 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 and members of the Veterans of Foreign Wars Post 2321 led the Pledge of Allegiance. The following Council Members were present: Gary Killpack, Gene Smith, Adam Coppolo, Tom McCullough, Jim Boan, and Lisa Maes. The following were present representing the City: Director of Public Works Mike Nelson, Sanitation Supervisor Linda Roosa, Director of Finance Jeff Nieters, Director of Community Development Laura Leigh, Senior Building Inspector David Allred, Chief of Police Chris Steffen, Fire Chief/Emergency Services Mike Kennedy, Parks and Recreation Director Allan Wilson, City Attorney Galen West, and Public Affairs Specialist Stephen Pyles. APPROVAL OF THE AGENDA Council Member Smith moved to amend and approve the agenda by moving Consent Agenda Items C: Sale of Surplus Property and Consent Agenda Item F.ii from the Outstanding Invoices: Aaron s Plumbing invoice for $12,860 to the Council Action Items: H and I. Council MemberCoppolo seconded. PRESENTATIONS Military Recognition Harry Holler introduced Angela and Robert Horn the parents of Justin T. Kirby. Justin is currently serving in the U.S. Marine Corp. He presented them with a t-shirt and plaque in honor of their son s military service. The Mayor thanked them for coming this evening. Therapeutic Riding School Cindy Brandjord and Alan Demaret thanked the city council for their support of the new therapeutic riding program. Ms. Brandjord said this is a new program and they started with six students. Students range from Kindergarten through High School and all of them have some kind of mobility issue or need. Mr. Demaret said the program provides the ability for the students to work on communication and mobility. Every student has a physical therapy goal. This is being done in a couple different districts in the state. He thanked the city for the use of their facilities and for their support. Council Member McCullough thanked them for providing this opportunity to the students. Ms. Brandjord said there is a current riding program in Rock Springs offered through Boces but it does not provide the needs of some students here. Council Member Maes thanked her for doing all that she does in the community. Expedition Academy Recycling Award Ms. Roosa presented Expedition Academy with the Exceptional Recycling Program Award for their efforts in the American Can Manufactures Institute Aluminum Can Round-up. They have won first place nationally for two years in a row. It is spear-headed by Ashley Swett. Ms. Swett said this is a lot of fun and she is hoping they can make it a third this year. The Mayor congratulated them for a job well done. VFW Post 2321 Update Members of the local Veterans of Foreign Affairs Post 2321 thanked the Mayor for his support of the organization. They recognized the Mayor for his distinguished service in the U.S. Army by giving him a gift. City Council Proceedings September 18, 2012 Page 1 of 7
The VFW Post 2321 is starting to send out care packages to the troops for Christmas. If anyone has a family member or a friend that is currently serving in the military please let them know so they can send a care package to them. If anyone would like to donate items for the care packages they can bring them to the VFW. CITIZEN REQUESTS AND OTHER COMMUNICATIONS Harry Holler reminded everyone that the Christmas Cards for the troops have started. There is no need for postage or an envelope. The Community Development Department in Green River and the Finance Department in Rock Springs are drop off locations for the cards. He said on occasion he receives a call from a low income family that does not have a computer but has a family member in the service overseas. He is going to give out his last computer so if anyone has a computer that they do not use and would like to donate it, can contact him. Council Member Maes asked Mr. Holler if he was aware of the Memorial Wall Ride coming through this area. She said she will get him the paperwork. ORDINANCES Adopt the 2012 Editions of Building Codes 1st Reading: An ordinance to update the City Code of Ordinances with the latest addition of the International Building, Plumbing, Mechanical, Fuel Gas, Fire and Property Maintenance Codes and the most recent requirements. Council Member Coppolo moved to approve the ordinance on first reading. Council Member Smith seconded. Mr. Allred said this will bring the city up to date with code requirements. He said the changes are minor. The burial depths for sewer and gas lines have changed. He has changed the footing and foundation requirements. A fire sprinkler system will be required for multi home units. Council Member McCullough said as long as he is following the state requirements he is fine with the changes. Vacation of Park Area in the Jackson Heights Addition 2nd Reading: An ordinance vacating from park area 17.16 acres in the Jackson Heights Addition to the City of Green River, Wyoming. Council Member Maes moved to approve the ordinance on second reading. Council Member Coppolo seconded. RESOLUTIONS Budget Modification to Expend School Resource Officer Donated Funds R12-41: A resolution for the governing body of the City of Green River, Wyoming, to approve an increase in the General Fund for the School Resource Program in the amount of $6,000. Council Member Smith moved to approve the resolution. Council Member Killpack seconded. Funding for Manhole Removal and Replacement at the Union Pacific Depot R12-42: A resolution for the governing body of the City of Green River, Wyoming, to approve a decrease/increase in the Wastewater and Capital Projects Funds for sewer line work to relocate and remove manholes in the amount of $18,200. Council Member Killpack moved to approve the resolution. seconded. Council Member McCullough City Council Proceedings September 18, 2012 Page 2 of 7
Increase the Capital Improvement Fund for the Child Development Center R12-43: A resolution for the governing body of the City of Green River, Wyoming, to approve an increase in the Capital Projects Fund for the Child Development Center Building Project in the amount of $70,000. Council Member McCullough moved to approve the resolution. seconded. Council Member Killpack Council Member Smith asked how much is in the General Fund that is unallocated. Mr. Nieters said there is approximately $163,000 designated in the Tourism Program and there is $6,000 unappropriated in the General Fund. The Mayor asked if the money will be replenished. Mr. Nieters said yes, after the city receives the 6 th penny money from the building the money will be replenished. Council Member Coppolo asked when is the 6 th Penny money supposed to be received. Mr. Nieters said between February and April of 2013. Council Member Coppolo said the tourism fund was set up for tourism and this does not fall under that. He would rather the money be pulled from somewhere else. Council Member Smith asked if there is enough money in the contingency fund to pay for this. Mr. Wilson said they cannot take money out of the contingency fund for this because it is has to be for the building. Council Member Coppolo asked what the building permit was. Mr. Wilson said the city generally would waive the building permit fee but the city is not going to because it will go right back into the General Fund. Council Member Killpack said if the $34,000 will go back into the General Fund then it would only be around $36,000 out for this until March or so. Motion carried (6-1) with Council Member Coppolo voting no. COUNCIL ACTION ITEMS Re-appointment to the Tree Board Council Member Coppolo moved to confirm the Mayor s reappointment of Dorothy Krauss to the Tree Board for a three-year term. Council Member McCullough seconded. Motion carried. (7-0) Contract Renewal for Landfill Engineering Services and Ground Water Monitoring with Inberg Miller Engineers Council Member McCullough moved to have the governing body approve the contract renewal for landfill engineering and ground water monitoring with Inberg Miller Engineers. Council Member Smith seconded. Council Member Coppolo asked if they go out for bid on these types of services. Mr. Nelson said no they have not because all of the history of the landfill is with Inberg Miller. Staff does what they can in house but everything else has been done with Inberg Miller. Contract Renewal with Inberg Miller Engineers for Transfer Station Engineering Services City Council Proceedings September 18, 2012 Page 3 of 7
Council Member Smith moved to approve a contract renewal with Inberg Miller Engineers for transfer station engineering services. Council Member McCullough seconded. Motion carried. (7-0) Agreement with WLC Engineering Surveying and planning for Evaluation of Sewer Main Video Council Member Coppolo moved to approve an agreement with WLC Engineering Surveying and Planning for a third party review and independent evaluation of sewer main video in the River Cove Subdivision. Council Member Killpack seconded. Agreement with Wyoming Machinery for Loader Rental Council Member Maes moved to approve an agreement with Wyoming Machinery for a loader rental. Council Member Killpack seconded. Contract Renewal for Billboard Council Member Killpack moved to accept, and authorize the Mayor to sign, a renewal contract between Lamar Companies and the City of Green River in the amount of $10,920 to maintain the two City of Green River promotional billboards located west of Green River, Wyoming. Council Member McCullough seconded. The Mayor asked if this includes both signs. Ms. Leigh said the $10,920 includes both billboards. The one in Evanston and the one located by Solvay exit. If the city chooses to do one billboard it would be $5,460. The Mayor said the sign in Evanston, Wyoming is in the wrong place. It is located in city limits. Council Member Coppolo asked if they know how productive these signs have been. Ms. Leigh said no. Joseph Lustik from Lamar Companies said these signs have been strategically placed. The signs are placed there to reach people that are leaving Evanston. Independent obtained statistics from Traffic Audit Bureau shows that the Evanston location has had 5,000 vehicles each day going by the billboard. The estimated amount of eye s on impressions for that billboard per week is around 14,500. He said he would be happy to work with the city if they choose to do a new billboard at a new location or continue working with the two that they have. Council Member Coppolo said there is no indication to travelers coming from the east that Green River even exists. This is where the city should look to put a billboard. Ms. Leigh reminded council that the $10,920 is the only amount that is budgeted for the billboards. The cost will go up for any additional billboards. Council Member Killpack moved to amend the motion to only renew one billboard in the amount of $5,460. Council Member Coppolo seconded. Original motion carried. (7-0) Bid Award to Wyoming Machinery Company for the Overhaul of the Landfill Loader and Transmission Council Member McCullough moved to award the bid for the overhaul of the Landfill loader and transmission to Wyoming Machinery Company in the amount of $52,736.25. Council Member Killpack seconded. City Council Proceedings September 18, 2012 Page 4 of 7
The Sale of Surplus Property Council Member Coppolo moved to authorize the sale of surplus items to the highest bidders as stated on the 2012 Auction bid tabulation sheet. Council Member Smith seconded. Council Member Coppolo said he noticed there were a lot of city employees that bid on these items. He would like to get the word out to the public so they can participate. Outstanding Invoices Aaron s Plumbing Invoice for $12,860.40 Council Member Smith said this item should not be on the Consent Agenda because it is notcontroversial and it should not be gone through without public discussion. Council Member Coppolo moved to approve the payment to Aaron s Plumbing Inc. for the Colorado sewer in the amount of $12,860. Council Member Killpack seconded. Council Member McCullough said he agreed that something needed to be done if it was a health hazard to the public. He said the city has committed to this verbally, so the city should pay the bill. The council has made a mistake. The Mayor said neither the Mayor s office nor any of the council had been contacted for clarification on the issue. Council Member Boan was contacted about the odor of sewer coming from the storm drain on Arizona/Colorado. This was confirmed by several other people including a city employee. The concern was that the sewer could be leaking into the storm drain and could go into the Green River. Council Member Boan shared these specifics with other council members and acquired the necessary votes to move forward with the excavation. Since it could be a health issue the City Administrator was told to excavate to see if the sewer was leaking or not. When it was all said and done it was not leaking. He still stands by the decision that was made. The owner has assumed responsibility and has been invoiced for the full amount by the city. He said it is time to move on. Council Member Killpack clarified, since the city ordered the contractor to do the work the city has to pay for the service. Mr. West said yes. Council Member Killpack asked the City Administrator if it was his responsibility to collect the money from the homeowner. Mr. Thompson said it is the duty of the Finance Department to do so. It is the City Administrator responsibility to make sure they have sent out the invoice, and they have. Council Member Killpack said the city made a mistake it is time to move on. Council Member Smith said the council did not make a decision it was made by a council member and a Mayor. It was the most blatant violation of the charter ordinance that he has ever seen. It is in violation of the sewer ordinance that was voted on here recently. He said the council needs to address the violations and they are not. The citizens did not order this so they should not have to pay for it, the people who made the mistake should have to pay for it. Council Member Boan said if council Member Smith thinks it should be paid for by the people who made the mistake then he will have to pay too. He was one that was included in the emails, so he was part of it. The issue is out of hand by the city council, by the newspaper, and a lot by the city employees that were really out of line in on some of the stuff they did. He was under the impression with the smell of raw sewage that this was a health issue that could cost the city a lot of money. He polled the council for support. He did not instruct anyone to do anything. After the four council members agreed that something should be done he told the mayor and the Mayor went to the City Administrator. The City Administrator went to the department head and the department head passed it on the employees. Council Member Smith said he questioned if it is legal to do a sewer loan fund and he said if it is a health hazard there are steps to take. It does not make sense that there could have been any leak. The sewer was plugged not broken. The timelines do not fit with what he said. City Council Proceedings September 18, 2012 Page 5 of 7
Council Member Boan said after the city employees left the backyard the Mayor called the City Administrator and told him to take care of it. We told the employees to follow what their supervisors told them to do. The Mayor said the city council acted on the issue being a public safety hazard. Council Member McCullough said there were mistakes made. The issue is if the bill should be paid or not. Council Member Maes said it sounded like a public safety issue to her and that is most important. That is why she suggested taking care of it right away and then dealing with the cost later. Council Member Coppolo said the governing body made a mistake, period. When it was deemed a public safety hazard the council should have scheduled an emergency meeting to discuss what should be done. If anything comes out of this, should be the fact that there are processes that should take place in case of an emergency and they should be followed. Council Member McCullough called for the question. Motion carried (6-1) with Council Member Smith voting no. CONSENT AGENDA Council Member Coppolo moved to approve the following consent agenda items. Member McCullough seconded. Council A horse corral agreement with Michael Garcia for corral #129 A contract with the National Ice Carving Association for the 2013 Crystal Classic Winter Festival in the amount of $1,075 A service line agreement with Questar to install utility service to the Child Development Center and authorize the Mayor to sign the Service Line Agreement in the amount of $6,870.46 Minutes for: August 23, 2012 Special Council Financial Reports and Payment of Bills: Prepaid Invoices = $396,077.00 Outstanding Invoices = $790,532.32 Payroll Expenditures = $313,372.86 Pre-authorization Payments = $1,082,000.00 CITY ADMINISTRATOR S REPORT Mr. Thompson said tonight will be his last council meeting because his last day as City Administrator is Wednesday, September 19, 2012. He appreciates the amount of help he has received from everyone. He has enjoyed working with everyone. He thanked the council for giving him this opportunity. CITY ATTORNEY S REPORT Mr. West had nothing to report. MAYOR AND COUNCIL REPORTS All Council Members thanked Mr. Thompson for his service to the city. Council Member Killpack said he will have an URA Update next month. The Mayor said there will be pizza and cake at noon, on September 19, 2012, in the Council Chambers, for Mr. Thompson. Everyone is welcome to come. ADJOURNMENT TO EXECUTIVE SESSION Council Member Coppolo moved to adjourn to executive session to discuss potential litigation at 8:36 pm. Council Member McCullough seconded. RECONVENE City Council Proceedings September 18, 2012 Page 6 of 7
Council Member Coppolo moved to reconvene at 9:07 pm. Council Member Smith seconded. ADJOURNMENT Council Member Boan moved to adjourn at 9:08 pm. Council Member Smith seconded. Motion carried. (7-0) H. Castillon, Mayor ATTEST: Jeffrey V. Nieters, City Clerk City Council Proceedings September 18, 2012 Page 7 of 7