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01072010CouncilMinutes CITY OF AMMON CITY COUNCIL WORK SESSION/REGULAR SESSION MINUTES THURSDAY, JANUARY 7, 2010 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA – WORK SESSION THURSDAY, JANUARY 7, 2010 – 6:45 P.M. DISCUSSION ITEMS: 1.EIRWWA Budget for Start-up Costs (Forsgren)* CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, JANUARY 7, 2010 – 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Waite Prayer – Councilmember Kirkham MINUTES: Dec. 10, and Dec. 17, 2009* ITEMS FROM MAYOR: CONSENT AGENDA: Business License* Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: Presentation of Sept. 30, 2009 Audit Report–Judy Brower PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: PUBLIC HEARINGS: None ACTION ITEMS – OLD BUSINESS: 1.Snow Removal Update (Lance/Ray) 2.Water/Sewer Dept. Reserve Transfer (Jennifer)* 3.Outsourcing Statements (Dana/Jennifer) 4.City of Idaho Falls Sewer Response Letter (Mayor)* 5.Reciprocal Agreement - LDS Church 2050 Avocet (Ron)* ACTION ITEMS – NEW BUSINESS: 1.Swearing in Officials (Leslie)* 2.Election - City Council President ITEMS FROM MAYOR: State of the City Council Assignments DISCUSSION ITEMS: 1.Council Personal Email, Phone Numbers and Addresses for Constituents (Scott) 2.Misc. EXECUTIVE SESSION: 1.Personnel Evaluations - Idaho Code 67-2345 (1-b) (Scott/Jennifer/Leslie) 2.Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3.Pending Litigation - Idaho Code 67-2345 (1-f) (Scott/Ron) MINUTES City Officials Present: Mayor Bruce Ard – Old Business Mayor Steve Fuhriman – New Business Council Minutes 1-7-10 Page 1 of 7 Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Rex Thompson Councilmember Brian Powell Councilmember Randy Waite – Old Business Councilmember Russell Slack – New Business Councilmember Sean Coletti – New Business City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates City Planning Director Ron Folsom City Treasurer Jennifer Belfield City Officials Absent: None CALL TO ORDER: Mayor Bruce Ard opened the work session meeting at 6:47 p.m. at the City Hall building located at 2135 South Ammon Road. DISCUSSION ITEM: 1.EIRWWA Budget for Start-up Costs (Forsgren)*: Husk from Forsgren stated there was a letter he went over which covered 4 major topics. The first topic asks what the potential was for having a year postponement of the plant. It really isn’t an option for the City of Shelley. Husk said he spoke with Willy from the EPA and he doesn’t have a problem with it, but he didn’t feel there would be support from anywhere else. They asked the contractor about a Winter Shutdown and asked the contractor to provide a cost estimate. The letter from the contractor described what is entailed to shutdown, which would add up to a quarter million dollars. This is due to the fact that the plant is in the middle of the start up phase. It impacts the ability to identify problems and receive fixes under the one year warranties, since the vendors have gone through all the start up procedures and certified the material. The plant has been started on Monday with sludge. The implication of sludge in the plant during the shutdown is minimal and he explained why the sludge was already added. The first plans are being worked on the bid and construction time frames. These plans accommodate the next potential for a shutdown winter for segments B & C. Husk received a call from Tom Hepworth in the DEQ Pocatello office and he talked about the potential for some ARA money. There are some projects that are unable to use these funds. There are some requirements that are difficult to meet. A project must have a bond in place and have a contractor th under contract by February 17. What he represented is about 10 million dollars and the State is looking for some place for that money. It is zero percent interest with the possibility of a portion of loan forgiveness. The DEQ in Boise hasn’t given a firm commitment – they have left messages with Eric and they are supportive of the project, but it will come down th to applying political pressure on DEQ from elected officials. They have to meet a Feb. 17 deadline and hopefully will facilitate the schedule and Husk feels we can cut a couple of months off the schedule and possibly get loan forgiveness. Councilmember Bean asked what the meeting was tomorrow. Husk said it is with the 2 directors of DEQ to see about qualifying for that money. Councilmember Bean asked if Dean Mortimer or Bart Davis could help. Husk said he knows the state doesn’t want to have to give the money back to the federal government. The state DEQ controls the money and Barry and Tony are at the top of DEQ. Husk doesn’t know if there are any other competing projects. Mayor Ard stated that Willie doesn’t think there are any competing items. Councilmember Powell asked if the bond came from the Idaho Bond bank. Ted said DEQ would have to de-obligate the current bond money. DEQ would then give our money to other projects that couldn’t meet the ARA deadline. Forsgren also looked at fine tuning the first year of the plant’s monthly operating budget. The real variable is the heat and the frequency of air changes. Councilmember Kirkham said it was suggested paying in arrears. Husk said it can be taken to the board. Councilmember Bean asked about the $50,000 per year for professional services engineer fees. Husk said there are still a number of things that still have to be done in the facility to get it operational in terms of management administration. Councilmember Bean asked about “professional services other” for $30,000. Husk said currently Shelley is handling all the books, which is paid for through this fund. Councilmember Bean asked who is running the regional system. Husk said everybody will get the building permit fees. The only fees the region will get are the $9 per ERU. Councilmember Bean said we don’t have a business plan in place. We really don’t have any organization in place to do the books, collect the money, deposit the money, pay the bills, etc. etc. When will this take place? Councilmember Bean Council Minutes 1-7-10 Page 2 of 7 asked Mayor Ard if the board has discussed this issue. Mayor Ard said Sandy has been doing it, but they can’t have her forever. Husk said Forsgren would like to be the engineering firm, not the managerial firm. Mayor Ard said the board has authorized Sandy to get things separated out. Husk said there is a transition for the first year, because that function isn’t in place. Husk said the day has come and someone has to do it. Councilmember Bean said who is going to manage the wastewater plant. Husk said we don’t have a big enough facility to have a full time director or manager, but we need a lead operator. Customer interaction won’t be that great. Forsgren is recommending that the EIRWWA Board hire two operators and utilize Forsgren, until the operators get up to speed. Councilmember Bean asked who was going to be paying the bonds. Husk said it would make sense for each entity to pay. Councilmember Bean said it is in these figures. Husk said it’s a balance of what everyone feels is an equitable distribution. Councilmember Bean said the bottom line is that the $9 per ERU is what everyone will have to pay. The regional system has one revenue stream for operations and maintenance and another for the debt service to pay off the bonds that funded the project’s capitol costs. Councilmember Bean said there are very few variable costs with the regional system. He said the issue for Ammon is paying Idaho Falls at the same time as Shelley and he doesn’t remember this ever being brought up. Husk stated the true (M&O) expenses have already begun. The contractors have been bearing most of the operating expenses. They have to operate the plant successfully for 14 days, then the plant becomes all ours and the contractors will then only have a little punch list. Power, labor, and propane will be the principal M&O debts. Council thanked Husk for his information. __________________________________________________________________________________________________ CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, JANUARY 7, 2010 – 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard called the meeting to order at 7:30 p.m. Pledge of Allegiance – Councilmember Waite Prayer – Councilmember Kirkham MINUTES: Dec. 10, 2009: Councilmember Kirkham motioned to accept the minutes of December 10, 2009, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Powell – Abstained (Absent), Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion passed. th Dec 17, 2009: Councilmember Kirkham motioned to accept the minutes of December 17, 2009, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: Business License* Councilmember Kirkham made the motion to accept the consent agenda, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. Accounts Payable – Exhibit A Lance informed the Council that the last couple of items pertaining to the Sunnyside Project are in. When he analyzed the final cost, he found Jeff Hawkes had underpaid $6000, because we have overpaid our 60% portion by $6000 and he wanted to let the Council know. Lance will be sending out the invoice tomorrow. The Council thanked him. Councilmember Bean asked about the Curlew traffic light. Lance said they put up signs to help direct the turn and straight traffic. They are looking into this to see why it cost so much. Councilmember Bean motioned to approve accounts payable, as presented, with the exception that the invoice to Skyview Electric be pulled. Councilmember Waite Seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Kirkham – Yes. The motion passed. Council Minutes 1-7-10 Page 3 of 7 ITEMS FOR/FROM TREASURER: Presentation of Sept. 30, 2009 Audit Report–Judy Brower: Judy handed out the audit report. Judy said this was an interesting audit with the water and sewer projects. Page 8 shows all the items that were done this year, which was more than she has ever seen with the City to date. Page 10 starts the actual financial data. This showed Ammon Urban Renewal in the black and it has paid some bonds back. The City received a significant amount of assets from developers this year from the streets that have been turned over. Councilmember Bean asked to go to page 13 and asked what the asset replacement funds were for. Jennifer said they could be considered reserved, rather than restricted. He would like them moved to the unreserved. Judy said the restricted funds cannot be moved, but reserved funds may be. Restricted funds are also reserved, but reserved funds are not necessarily restricted. Page 10 shows restricted funds. Page 17 shows the sewer and water funds. The interest expense was for these bonds. The internal service funds are the IT funds. Page 20 and 21 shows the cash flow on the proprietary funds. Page 29 shows the fixed assets. At some point in time, the Council will have to decide where the regional expenses should be shown. Page 33 shows the DEQ debt, where items I and J show significant changes in commitments. The back portion contains the single audit sections and there weren’t any real issues. Councilmember Bean asked Mayor Ard where the City is at on the Pearl House Grant. Mayor Ard has asked if they will look at Wendy’s and consider the grant requirements closed. Judy talked with the people in Boise and they were trying to get the Development Company to write something, since they were involved in that grant. Councilmember Bean wanted to point out about the debt with IBSD. Judy said the City staff is working very hard. There were audit entries, due to the lateness of the billings. This is the earliest the audit has ever been closed, since Judy has worked with the City. Mayor Ard said when he started with the City, the total tax value of the entire City was 54 million and now the Cities assets alone are 54 million. Councilmember Bean said we need to look at the firefighter funds that need to be taken care of, specifically item 5.2 in the contract and talk to Forsgren to be sure we are in compliance with that. Councilmember Bean motioned to accept the audit, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. th PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Vern Hutchins, 2710 East 17 Street addressed snow removal. The Citycomes along and plows in the sidewalks. Councilmember Kirkham said the first action item will be discussing this issue. Vern stated postal carriers are not permitted to deliver mail to uncleared areas. PUBLIC HEARINGS: None ACTION ITEMS – OLD BUSINESS: 1. Snow Removal Update (Lance/Ray): Ray Ellis, Public Works addressed the Council and stated ththst they began plowing the entire city on December 13 and it went smoothly. December 30 & 31 we were hit with a substantial snow fall and the City was actually plowed twice in one day. They worked 14 – 16 hours straight and then had to immediately go out and start again. The new equipment was extremely effective. The cul-de-sacs took approx. 20 hours to get through all of them. These new plows work at a slower pace, so they don’t throw the snow as far and they can get right up to the base of the mailboxes. He has some issues where snow is being piled in the middle of the cul-de-sacs. It is his intention to move it back to the sides of the roads and there will be upset people. Councilmember Kirkham said the residents are moving it to the center. Ray said people on the cul-de-sacs aren’t used to us plowing them and he will need to inform them. Councilmember Kirkham asked if we could put a door hanger on the homes to explain this. Ray said yes. Leslie stated that Ray has been great at placing door hangers to inform the public. Lance and Ray have found that, except for use on arterials, construction type equipment is more effective than trucks and plows. Lance said it provides a different type of service. The sidewalks at the entrance to th the City on 17Street and on Sunnyside Road were covered with black sand and dirt compared to Idaho Falls, it shows. He asked the Council at what point do they want sidewalks cleaned. Councilmember Kirkham asked if it is an infraction, if the sidewalks aren’t cleaned. Ron said yes. Councilmember Waite said residents have problems th cleaning the walks on both 17 Street and on Sunnyside Road. His snow blower cannot handle it. Lance said the City would have to contract it out. Ray said we might be able to trade some garbage trucks for dump trucks. th Councilmember Kirkham said clean the sidewalks on 17 Street, Sunnyside Road, and Ammon Road. Councilmember Powell said this will have to be our last snow removal priority. Ray said our current equipment Council Minutes 1-7-10 Page 4 of 7 does not do a great job. Mayor Ard said the sooner you can get on the snow the better it is. Lance said when Idaho Falls removes snow from their arterials, the conveyor is owned by Idaho Falls, but the trucks are hired. Councilmember Kirkham wanted to commend Ray and Lance for the snow plowing efforts. Councilmember Powell also commented on the sanding. 2. Water/Sewer Dept. Reserve Transfer (Jennifer)*: Councilmember Bean advised the Council that Jennifer would like to see if we can take some of our reserve funds and pay down on the bonds right now, but he would like to have some further discussion. Councilmember Bean made the motion to table the Water/Sewer Dept. Reserve Transfer. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 3. Outsourcing Statements (Dana/Jennifer): Councilmember Kirkham stated the staff has done an excellent job of examining this information. They are recommending that we keep it in house and purchase the equipment. Councilmember Kirkham motioned to purchase the equipment for $8000. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed. Councilmember Bean asked how we are going to pay for it. Jennifer stated Leslie has done a great job of keeping the workmen’s comp claims down and we have gotten a check for $8300. The other option is benefit administrator fees were budgeted for the entire year and have not been needed for this first quarter of the fiscal year and we would use those funds. The Council gave directions to use the latter funds. 4. City of Idaho Falls Sewer Response Letter (Mayor)*: Mayor Ard showed the Council an option for a response. He suggested there are some things in the report that were of concern. One of them is the number of homes being built are going down and Council should look at, address, and request some information on those things specifically. There is a cost associated with requesting information from Idaho Falls. Councilmember Kirkham would like to go forward requesting certain documents starting in the year 2000 to help justify the bill we have been paying. She feels its money well spent. Councilmember Kirkham motioned to direct Mayor Steve Fuhriman to request the sewer documentation from Mayor Jared Fuhriman and request additional information on the number of dwellings. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. Ron and Lance will prepare the letter and email it to the Council for their review. 5. Reciprocal Agreement - LDS Church 2050 Avocet (Ron)*: Ron stated the current agreement with the church runs through 2014 and this expands the agreement by three former house lots that have been changed into a parking lot, so that we can use this additional parking space also. Councilmember Thompson said so when there’s something going on in the park, then the City can use the church parking area. Ron said yes. Councilmember Powell motioned to accept the first amended agreement to The Reciprocal Agreement – LDS Church 2050 Avocet, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. Mayor Ard gave a few words to Mayor Fuhriman and stated that this is a great Council and he advises him to use that expertise and this is a very thankless job and you will get very little credit for the good and a lot of credit for the bad. The Council and staff are some of the best. Councilmember Kirkham thanked Randy for his 8 years of service and stated he is possibly the most even tempered of the group. The Council presented him with his picture and a globe. Councilmember Kirkham addressed the Council. Mayor Ard has really taken Ammon from a small town to a City. Under his leadership, we have always had a balanced budget. We have increased our parks and recreation. Most recently we have completed a 20 million dollar water project to make it the best in the State of Idaho. Mayor Ard has been a very stable source of leadership for us. Personally he has an unassuming nature; he has done this job Council Minutes 1-7-10 Page 5 of 7 not for the title, but a sincere desire to serve the community. The Council and staff thanked him and stated it has been an honor and a privilege to work with him. Mayor Ard and Councilmember Waite stepped down from office and received thanks for their service from the audience. ACTION ITEMS – NEW BUSINESS: 1. Swearing in Officials (Leslie)*: Leslie swore in Councilmember Kirkham, Councilmember Slack and Councilmember Coletti as a group and upon raising their right hand she read; I Dana Kirkham, Russell Slack, and Sean Coletti, do solemnly swear or affirm that I will support the constitution of the United States, of the State of Idaho and the laws and ordinances of the City of Ammon and that I will to the best of my ability faithfully perform the duties of City Councilmember in the City of Ammon, Bonneville County Idaho, during my continuance therein, so help me god. Councilmember Kirkham, Councilmember Slack, and Councilmember Coletti stated “I do”. Leslie then swore Mayor Steven Fuhriman with the same verbiage. Mayor Steve Fuhriman stated “I do”. 2. Election - City Council President: Councilmember Bean nominated Councilmember Kirkham as City Council President. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Thompson stated Dana has done a great job with a lot of enthusiasm. Councilmember Powell said she always makes herself available to the constituents and staff. ITEMS FROM MAYOR: State of the City: Mayor Fuhriman addressed the citizens to look at where we have been and where we are going. The City is doing great; it has had some great leadership, and is well prepared for the future. Ammon has a population of 13,600 in 2008 which is up 120% since the 2000 Census where it was estimated at 6100 residents. The City of Ammon has been working to handle this growth. The City has a new garbage system, water and sewer enhancements, and a vision, which started years ago. Ammon has struggled with snow removal, but we have all been witness to the efficiency with which our public works department, under the direction of Ray Ellis, has run the last few weeks. Ammon will work together with Idaho Falls in intercity relationships. As Mayor of Ammon, he will speak highly of Idaho Falls, as they will of us. We will work together with Idaho Falls, Shelley, Iona, Bonneville and Bingham Counties. We will work toward increasing our unique image and we will work towards Ammon’s potential. Communication must be better. He will make himself available in the mornings at the City building, before Council Meetings, and at his business. He will be keeping his personal information out there. The City will work towards making Ammon Days bigger and better every year. He encourages everyone to make their address state Ammon and not Idaho Falls. He wants a stronger police presence. He wants to bring a simple, adequate public works building on line in 2010 to help them operate more efficiently and to house the parks and recreation department. Over the coming years, older areas of town should have curb and gutter, particularly within ¼ mile of the schools. He asks that the citizens have patience as the City grows. Council Assignments: (Mayor Fuhriman) Councilmember Powell over Public Safety and IT with assistant Councilmember Coletti, Councilmember Kirkham over Public Works with assistant Councilmember Bean, Councilmember Kirkham over Sheriff and Metro with assistant Mayor Fuhriman, Councilmember Bean over Budget and Investing with assistant Councilmember Slack, Councilmember Slack over Parks & Recreation with assistant Councilmember Thompson, Councilmember Thompson over Building and P&Z with assistant Councilmember Powell, Councilmember Coletti Communications and Public Relations with assistant Brian Powell and Mayor Fuhriman over office with assistant Councilmember Kirkham. DISCUSSION ITEMS: 1. Council Personal Email, Phone Numbers and Addresses for Constituents (Scott): Scott stated that the City has email addresses etc on the site and his recommendation is that when it comes to any city issue you use the City email. If you use your home e-mail and an issue happens, then all information on your home computer, including your personal information can be claimed. Councilmember Kirkham said you suggest having all the email coming in through the City based email. Councilmember Kirkham and Councilmember Bean said let’s do it. Council Minutes 1-7-10 Page 6 of 7 Council agreed to have emails done internally keeping personal phone numbers and addresses on the internal list. Bruce Patterson will set up email addresses. Councilmember Powell said the City web address will be @ci.ammon.id.us in the future. 2. Misc.: None EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) (Scott/Jennifer/Leslie) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) (Scott/Ron) Councilmember Kirkham motioned to move to executive session pursuant to Idaho Code 67-2345 (1- b, c, and f) with a five minute recess. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. Scott requested Lance/Ron/Jennifer/Leslie to stay for the executive session. The meeting adjourned at 9:07 p.m. ______________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 1-7-10 Page 7 of 7