1. CALL TO ORDER, ROLL CALL, WELCOME & PLEDGE OF ALLEGIANCE

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1 FERRON CITY Ferron City Council Regular Meeting & Public Hearing Minutes Council Chambers Ferron City Hall 20 East Main Street, Ferron Utah Phone - (435) Fax - (435) Web - ferroncity.org PRESENT: Mayor JoAnn Behling Council Member Ronny Bloomer Council Member Abby Jensen Council Member Joe Trenery Council Member McCall Fuller Council Member Trent Jackson OTHERS PRESENT: Adele Justice, Recorder Lane Justice Lynette Withers Tami Bennett, Treasurer Eve Jackson Leigh Bloomer Sid Swasey, Maintenance Craig Nielson Doug Wayman Wade Williams, City Sanitation April Riley Josh Galvez Kent Wilson, Emery Sanitation Gayland Dugmore Larry Friis Kate Howes Evelyn Huntsman Marty Mower Katie Duncan Lenny Parlo Lisa Parlo Zachery Parlo Grant Nelson Mike Howes Jean Morlan, Cemetery Jared Howes Kelly Howes Randy Nielson, Fire Chief Tiffany Howes Dale Fuller Jeremy Guymon, Nielson s Rita Pennington Tom Bunnell, Nielson s GENERAL BUSINESS 1. CALL TO ORDER, ROLL CALL, WELCOME & PLEDGE OF ALLEGIANCE Mayor Behling called the meeting to order at 7:00 p.m. and welcomed everyone. She expressed appreciation for the large crowd. The roll call noted that Council Members Bloomer, Jensen, Trenery, Fuller and Jackson were present. Council Member Jackson led the Pledge of Allegiance. 2. APPROVAL OF MINUTES DATED MAY 9, 2013 Council Member Fuller moved to approve the minutes of May 9, 2013 as written. Council Member Jackson seconded the motion. The motion carried with Council Members Bloomer, Jensen, Trenery, Fuller and Jackson all voting aye in a roll call vote. 3. BOARD OF EQUALIZATION The council reviewed requests from Mike Hurdsman and Robert Kemple to send the utility bills to the address of their renters. Council Member Fuller moved to approve the request from Mike Hurdsman at 170 south State Street and Robert Kemple at 140 West 100 south, to send the utility bill to the addresses of their renters. Council Member Jensen seconded the motion. The motion carried with Council Members Bloomer, Jensen, Trenery, Fuller and Jackson all voting aye in a roll call vote. 4. CONSIDERATION TO SPONSOR GRANT APPLICATION TO REMOVE SEDIMENT FROM MILLSITE RESERVOIR ROGER BARTON Tracy Behling addressed the council in behalf of Roger Barton. He gave a brief history of the proposed project stating that two years ago the Canal Company approached the state legislators regarding a permit to remove sediment from the Millsite Reservoir. In Utah, about 2% of a lake or reservoirs capacity is lost each year due to sediment, and there is no one doing anything about it. He said that the initial thought was that the Millsite 1

2 dredging project could be done as a demonstration project for other entities. He explained that on a good year when the water is overflowing they will pump the sediment over the spillway. When the water quits spilling, they will continue to pump sediment into the borrow area. Tracy then handed out maps to the council showing the location of the borrow area he was referring to. The company has tried for several months to obtain the permit and have now found out that they can only get a permit for one year. If a taxing entity applies for the permit it will be good for ten years. He proposed that the city apply for the permit so that the maximum benefit can be obtained. There will be no cost to the city. Mayor Behling replied that she had talked with the council before about the project and personally feels that it would be a good thing for the city to do. Tracy stated that the reservoir is loosing about 27 acre feet per year due to the sediment. This equals about 3000 acre feet of water that has been lost from the reservoir. He feels dredging would create enough storage so that it would not be in the same situation it is now for at least another 75 years. Council Member Trenery moved to partner with the Ferron Canal and Reservoir Company to sponsor the permit application to dredge the Millsite Reservoir. Council Member Jackson seconded the motion. Mayor Behling called for questions on the motion. Council Member Bloomer asked for clarification stating that the map indicates 74 acre feet per year not 27 acre feet. Tracy responded that it has been calculated that it looses 27 acre feet per year and that the figure on the map may have been calculated at an average. He can see nothing negative about the project and noted that dredging is the most cost effective way to take care of the sediment and that the process is very sophisticated. He stated that the borrow area can only hold about 2 years of sediment but the idea is to dredge for about 30 days a year as long as it is spilling over the spillway and use the borrow area for the remainder of the 30 day period. Mayor Behling repeated the motion and second and called for a vote. The motion carried with Council Members Bloomer, Jensen, Trenery, Fuller and Jackson all voting aye in a roll call vote. 5. NIELSON CONSTRUCTION WATER USAGE TOMMY BUNNELL & JEREMY GUYMON Jeremy Guymon reported on the water used by Nielson Construction. He stated they had received the spread sheet from Council Member Jackson and agreed with the figures of what has been used. He stated that any water used from the hydrant since May 9 th would be put towards the usage of their shares. He stated they are leasing 40 shares of water and own 2 additional shares. Council Member Bloomer asked when they began leasing water. Jeremy responded that they entered a lease with Byron Rollins two weeks ago and that up to that point they had been counting the water against their two shares. Mayor Behling stated that it should be noted that when Nielson s began talking about trading water, the estimate for the work at the ball field was $5500 and yet they only charged us $4000. She feels the agreement has been a great benefit to the city. Council Member Jackson stated that he just wanted to square with them so that in short water years the city is not in arrears. Council Member Fuller stated that Nielson s was willing to postpone taking water this year so that the city would have more water. Council Member Jackson reiterated that his purpose of creating the spread sheet was to square up with Nielson s and to let the citizens know exactly where it was at, he was not aware that they were leasing shares. Mayor Behling stated that it was the city that approached Nielson s about trading water for work and they were very willing to work with the city. She knows there have been questions about the meter readings but there are pictures of the readings and every truck has been measured. Jeremy stated that each load is double metered and that any amount of water that is spilled or wasted goes against their usage. Tom Bunnell stated that the company used much more water last year. Mayor Behling said that the city was aware of that and that last years usage had been squared up with the city. She feels the city came out very well on the trade and thanked them for clearing up the misconceptions. Council Member Fuller stated she feels the city reneged on a business agreement and did not follow through with how it was stated. April Riley addressed the council and stated she did not have a problem with Nielson s but was mad at the city for their dealings. Council Member Fuller asked why concerned citizens did not 2

3 come to the meeting and express their concerns last fall. Council Member Jackson stated that the discussion took place in the October 25 th meeting and that the city did not know at that time that water would be short this year. He does not feel that the city went back on an agreement or deal or that anyone is wrong in the dealings. He just feels strongly that the matter needs to be squared up so that neither party owes the other. Council Member Fuller stated that although the ball field may not be important to everyone it is important to the 130 or so kids that play ball and to the people that were at the October meeting. 6. OPENING OF PROPOSALS FOR GARBAGE SERVICE AND CONSIDERATION TO AWARD CONTRACT Mayor Behling opened the two proposals that were received. She asked the recorder to copy both proposals for the council and proposers. Council Member Jackson asked the city treasurer how many of the total can count are first cans and how many are second cans. She responded the latest count was 532 single cans and 132 as second cans. The count varies from month to month. Mayor Behling asked the council if they wanted to move closer together to discuss the proposals or if they wanted to take them home and review them closer. Council Member Trenery stated he would like more time to take a closer look at both proposals. Council Member Jensen and Bloomer agreed. Council Member Trenery moved to postpone acting upon the RFP for garbage until the next meeting. Council Member Fuller seconded the motion. The motion carried with Council Members Bloomer, Jensen, Trenery, Fuller and Jackson all voting aye in a roll call vote. Wade Williams asked if the figures contained in the RFP could be given to the public. He stated that he had run the numbers quickly himself and feels he could save the city $40,000 over the course of 5 years. Mayor Behling responded that the council would like to run the figures themselves. Council Member Jackson read aloud the information contained in both RFP s beginning with Emery County Sanitation. Emery County Sanitation: Individual Can $5.50 Extra Can $3.75 Roll Off Containers $50 per dump, per roll off No cost for the 12 dumpsters Council Member Jackson asked Mr. Wilson if that was correct. Kent responded that it was correct, $50 for dumping roll off containers. 4% increase per year for inflation Fuel Surcharge negotiated.20 discount per can for 10 year commitment No Charge for roll off containers during spring clean up City Sanitation: Individual Can $5.00 Extra Can $4.00 Annual increase.15 per can Cost per dumpster for the city is $400 per month dumped as needed $400 per month for spring clean up, dumping as needed Council Member Fuller asked Kent Wilson if the $50 charge for the roll off containers was per roll off each time they are dumped. He responded that it was $50 every time he dumps a roll off. She then asked Wade Williams if his charge of $400 per month was for the roll offs or for the dumpsters. Wade responded it was $400 per month for all containers stating that the city has been having an average of 4 roll off containers dumped per week. Council Member Fuller stated she did not understand the charge as it was in the RFP. Wade said that the RFP stated dumpster and he was unclear what it meant so he just made it fit the RFP. 3

4 Mayor Behling repeated the motion and the second and called for a vote. Council Member Bloomer voted aye. Council Member Jensen voted aye. Council Member Trenery voted aye. Council Member Fuller voted aye and Council Member Jackson voted aye. 7. PUBLIC COMMENT (A FIFTEEN MINUTE BLOCK MAY BE USED TO RECEIVE COMMENTS FROM THE PUBLIC. PLEASE NOTE THAT NO DECISIONS CAN BE MADE AT THIS TIME) Mayor Behling opened the floor for public comment and asked that everyone limit their comments to 2 minutes each. April Riley asked for the date that the council made the agreement with Nielson Construction to trade water for work. Council Member Jackson stated that the decision was made on Oct 25 th. Joshua Galvez asked the council to consider having the roll off containers dumped more often. Mayor Behling noted that often times the containers are filled with items that do not belong in them and that the citizens using the service need to be more respectful. Kelly Howes asked if there was a guideline that states what materials are allowed to be put in the containers. Council Member Bloomer stated that the guidelines had been sent out on several occasions and that there are signs at the park but information can be sent out again. He asked the citizens not to complain too much about it and explained the hassle that the dumpsters have been for the city. He asked the citizens to refrain from overfilling the dumpsters when they are full. Wade Williams stated that he proposed in his proposal to install a 30 ft container in the park for metal. The money collected from the metal would be returned to the city. He also suggested putting a compactor at the park. Mayor Behling stated that the city already had a metal bin at the park and that it would be good to have a compactor but that the city could not afford it. April Riley referred to a comment made by Council Member Fuller that the ball field looks better than just having weeds at the fairgrounds but asked her how she felt about the weeds in the park and along the fence on Molen Road. She asked why the weeds could not be cleaned up especially since this year is the 75th anniversary of the stock show. Mayor Behling acknowledged the weed problem stating the city was trying to take care of it. She noted that one area of concern at the fairgrounds is the area inside the track where the ball field used to be and suggested that the area could be used for parking. Eve Jackson asked if the youth population has grown in recent years. She stated that there were fewer ball fields when her kids were young playing ball and wonders why are they trying to establish more fields when they do not have the water or manpower to care for them. Council Member Jensen stated that back then, there were two big fields inside the track that are no longer there, so the city has about the same amount of fields now as they did then. Mayor Behling noted that some of the fields the city uses belongs to the school and that the city can use the fields but cannot do anything permanent with them. Lane justice stated he feels what the city is doing to establish a new field is a good thing. He believes the ball field at the fairgrounds will not only be used by the baseball leagues but will be good for family reunions. He suggested the council consider following Council Member Bloomers suggestion of having someone come in and spray the park for weeds a couple times a year. He acknowledged that Sid Swasey has a lot to do and it is a big job for him to keep up with the weeds. He asked where the big sprayer was that the city used to use to spray the weeds. He suggested that the weed spraying could be done quicker and more efficiently if the large sprayer was used again instead of Sid having to use the golf cart and a small hand sprayer. Council Member Trenery responded that the big sprayer was in the city shop and is not used because of the wind. April Riley asked why the city has a big sprayer if it is not used. Mayor Behling responded that the wind was the problem. Council Member Jensen asked if it was used before why it is not now used. Mike Howes stated that blaming the wind is a poor excuse that it is not windy every single day. Lane stated that several years ago the city made an agreement with Clawson and the big sprayer was used in both towns. He complimented the volunteers that assist in getting the fairgrounds cleaned up before city events but stated after the volunteers 4

5 leave the problem returns. Kate Howes suggested having a town work day so volunteers could come out and help with clean up projects. Mayor Behling responded that a year ago the city held a clean up day and she, Council Member Trenery and about three citizens were all that attended. Council Member Trenery invited citizens to join the stock show committee on June 29 th for a clean up day at the fairgrounds. Grant Nelson stated that the city should be careful using spray to take care of weeds because of the vapors that can get away and destroy citizen s lawns. He stated it takes everyone helping out to get things done. He notices weeds in front of citizens home and feels everyone needs to help, noting that it takes more than 2 guys to get the work done. Council Member Bloomer stated that the point needs to be that everyone needs to do what they can for the community. He acknowledged there is a problem with weeds however, many citizens are able to spray and take care of weeds on their property successfully. He feels there has been a lot of pride lost in the town and that things are not looking as good as they use to. He stressed again that everyone needs to do their part in making Ferron look better, taking care of their own yards so that weeds do not spread to neighboring yards. Gayland Dugmore addressed the council on behalf of the fire department. He asked what had happened to the $5000 in the fire department budget. Mayor Behling stated she did not know and referred to Council Member Jensen to respond. Council Member Bloomer asked what they were talking about. Gayland responded that they save $5000 for incidentals and towards the end of the year they try to save their budget. One of the trucks is broke down and now they need to fix it and they have been told they cannot because there are no funds in the budget. Council Member Jensen responded that they had not been told they could not repair it but were informed that the city was finding the funds to get it done. He stated that they try to save money just for this type of expense. Mike Howes stated the department has saved $5280. Council Member Fuller asked if they had overspent in other areas and if money had been moved to cover the areas they were over. Jared Howes responded that they took the difference in what was budgeted and what has been spent and $5280 is what is left over. He noted that $500 had been budgeted for the year for equipment repairs but the repairs they need are over that amount. Mayor Behling asked them to end the conversation and address it in the budget discussion later on the agenda. Gayland reiterated that the truck needs to be fixed. Council Member Jensen stated that the city understands and is willing to take care of it. Gayland stated it needed to be done now. Mayor Behling asked again for the discussion to cease until the appropriate place on the agenda. 8. EAGLE SCOUT PROJECT ZACHERY PARLO Zachery Parlo informed the council that he has chosen to do a rock sign at the entrance of the cemetery. He will clear and level the spot and asked for permission to clean a larger area. He asked the council what they would like the sign to say. Mayor Behling asked him to sketch what he would like and bring it back to the council. Zachery stated that Patrick Braun is willing to do the writing on the rock at no charge if he can be paid for the use of equipment which will be about $60 to $70. Mayor Behling stated that there were some funds in the budget to assist if he will also get some donations towards the project. 9. CONSIDERATION TO SELECT ELECTION JUDGES Council Member Fuller moved to appoint Kathy Singleton, Lynette Withers and Evelyn Huntsman as the election judges with Paula Lucas as an alternate judge for the primary election and Julie Oakeson, Helen Pace and Paula Lucas as election judges with Lynette Withers as an alternate judge for the general election in November. Council Member Trenery seconded the motion. The motion carried with Council Members Bloomer, Jensen, Trenery, Fuller and Jackson all voting aye in a roll call vote. 10. REVIEW WATER CONSERVATION PLAN Mayor Behling asked the Recorder to provide the details on the plan. Adele Justice, City 5

6 Recorder stated that the state has requested the city adopt a water conservation plan prior to the end of the year. She explained that she has used the sample provided with the letter and written a draft plan. She urged the council to review it carefully and make changes to the goals as she had written it from her own perspective. She noted that the process requires a public hearing prior to adoption. Council Member Jackson suggested having the public hearing next month. PUBLIC HEARING 11. TO CONSIDER INPUT REGARDING THE ADOPTION OF THE FINAL BUDGET FOR THE FISCAL YEAR At 8:20 p.m. Council Member Bloomer moved to open the public hearing to receive comments on the fiscal year budgets. Council Member Fuller seconded the motion. The motion carried with Council Members Bloomer, Jensen, Trenery, Fuller and Jackson all voting aye in a roll call vote. Mayor Behling opened the floor for public comment on the budget. There were no comments. She then asked the recorder to explain any changes that had been made to the tentative budget. The Recorder explained that the certified tax rate had been calculated and entered which increased the tax revenue from $58,625 to $59,208. The figure for general fund balance to be appropriated had been reduced from $8,183 to $8,075 bringing the total budget revenues up from $411,483 to $413,191. Changes to the expense budget included increasing economic development from $500 to $1,000, decreasing fire dept phone and cell phone from $2,400 to $1,400, animal control phone from $650 to $250, increasing park materials and supplies from $700 to $1,000 and park power from $700 to $900, increasing fairground materials and supplies from $2,000 to $3,000 and adding a miscellaneous line with a $1,000 budget to peach days. These changes will increase expenditures in the general fund from $411,183 to $413,191, balancing the general fund budget. No other changes were made to the tentative budget. Council Member Trenery moved to close the public hearing at 8:23 p.m. and reopen the regular meeting. Council Member Fuller seconded the motion. The motion carried with Council Members Bloomer, Jensen, Trenery, Fuller and Jackson all voting aye in a roll call vote. RESOLUTIONS/ORDINANCES 12. RESOLUTION A RESOLUTION ADOPTING THE CERTIFIED TAX RATE FOR FISCAL YEAR Mayor Behling noted that the tax rate had increased from to for the new fiscal year. Council Member Trenery moved to adopt Resolution , adopting the certified tax rate. Council Member Fuller seconded the motion. The motion carried with Council Members Bloomer, Jensen, Trenery, Fuller and Jackson all voting aye in a roll call vote. 13. RESOLUTION A RESOLUTION ADOPTING THE FISCAL YEAR BUDGET REPORTS Council Member Bloomer moved to adopt resolution , A resolution adopting the fiscal year budgets. Council Member Jackson seconded the motion. The motion carried with Council Members Bloomer, Jensen, Trenery, Fuller and Jackson all voting aye in a roll call vote. Mayor Behling asked the council to consider addressing item # 16 before item # 14. 6

7 Council Member Bloomer moved to amend the agenda placing item # 16 in front of item # 14. Council Member Fuller seconded the motion. The council addressed item # 16 and then returned to item # 14 on the agenda. 14. MAYOR AND COUNCIL REPORTS Council Member Jackson reported on power issues at the Mayors Park. The power to the sprinklers and to the Neos is not working. He is working on getting an electrician here to get it fixed. He wanted to order a new drag for the ball fields. He worked with the salesman in lowering the price from $3,700 down to $2,595. He had enough money in the park budget to make the purchase but stated he will wait until the power at the park is taken care of and purchase it out of next years budget if he needs to. Council Member Fuller plans to hold the movie in the park every Monday in July if the sound system is working. She stated that the city has used 86.8 acre feet of culinary water since January this year and 364 acre feet of secondary water, leaving 742 acre feet for secondary use. The secondary averages out to about 9 acre feet per day. Marty Mower stated that he notices lots of people watering all day on Sundays and suggested asking citizens not to water on that day. Council Member Fuller stated she did not want to restrict watering on Sundays. She stated there would be a chart posted showing the usage each week. Mayor Behling stated if citizens would call in and report people that are watering when they are not suppose to, the city will contact the individuals about the matter. Council Member Trenery reported that 10 individuals had taken and passed the cert training. The practicals will be held on the 29 th. The stock show committee will come on the 29 th and paint the inside of the barn and clean up the fairgrounds for the stock show. He has purchased new sign posts. Council Member Jensen thanked everyone who has helped water the flowers She is looking for volunteers to help on the weekends. Kelly Howes and Marty Mower volunteered. Council Member Bloomer reported that the cemetery building was scheduled to arrive when the trusses are in, after the stock show. Mike Riley is working on the retaining wall at the ball field. They are also working on leveling out the south end of the parking lot but will need more dirt. He is considering contacting Nielson s Construction to see if they have reject dirt. 15. MAINTENANCE AND GOLF COURSE REPORTS Sid Swasey addressed the council stating that he did not appreciate the complaints expressed. He cannot do everything alone and cannot be at work twenty four hours a day, seven days a week. Mayor Behling told Sid that she appreciates all that he does for the city and realizes that he has a life beyond his job with the city. Council Member Fuller expressed her appreciation for all that he does as well. 16. BUDGET REPORT Randy Neilson reviewed with the council, the fire department budget. He stated that the turbo in one of the trucks needs to be repaired and that the garage door has not been opening and needs to be fixed. He has tried to contact someone to fix the door but cannot reach anyone. Council Member Bloomer suggested he contact Trent Riley and stated he believed Trent would respond immediately. Chief Nielson stated he needed about $450 to fix the door and $2470 to fix the truck. Council Member Bloomer asked if the truck was under warranty. Chief Nielson responded no. Mayor Behling stated there was plenty of money in the fire department budget if funds were moved around. She asked the Chief to get the truck fixed immediately. Council Member Jensen reminded him that he needed to get three quotes for the repair but that it could be done over the phone 7

8 and did not require the truck to be taken to individual shops. She stated she had informed the Chief previously of this and he had agreed to obtain the quotes. Chief Nielson asked if he had to accept the lowest bid. Mayor Behling responded no, that if he did not feel it was reputable or the vendor would offer the best service he did not have to accept the lowest quote. Kelly Howes asked about the funds for fireworks. He thinks the pride in the city is slipping and the fireworks can help bring citizens together. Mayor Behling stated that last year the state decided fireworks could not be set on public lands. The city met with the fire chief to come up with recommendations and solutions and the public display of fireworks were cancelled. Council Member Bloomer reminded everyone that it was a state wide ban and that the city did not have much choice in the matter. Individual fireworks were still allowed but the city was unable to find an area to set off the peach day display. Council Member Fuller stated she feels it is possible that there will be a similar ban this year and asked if the city could pass something similar. Council Member Fuller asked if purchasing the AMP for the sound system is in the budget. Without it, the city will not be able to hold the movie in the park. Mayor Behling stated to take the funds from city activities and order the equipment as soon as possible. Mayor Behling asked Council Member Bloomer if he was ok with the budget. He stated he needed money for the cement at the cemetery. After a brief discussion it was concluded that the budget contained the amount needed. Marty Mower asked the council if Southwest Stone has been billed for water they have been taking from the park. Sid Swasey stated that they have been taking water from the culinary hydrant and not from Nielson s meter. Council Member Fuller stated the solution is to put in a metered station so that all water is metered and paid for. The Treasurer was asked to send a letter to the owner of the company. 17. APPROVAL AND PAYMENT OF WARRANTS Council Member Trenery moved to approve and pay the warrants. Council Member Fuller seconded the motion. The motion carried with Council Members Bloomer, Jensen, Trenery, Fuller and Jackson all voting aye in a roll call vote. 18. ADJOURNMENT Council Member Trenery moved to adjourn the meeting. Council Member Bloomer seconded the motion. The meeting adjourned at 9:17p.m. ATTEST: Mayor JoAnn Behling Adele J. Justice, CMC Ferron City Recorder 8