Minutes of The Price City Council Meeting

City Hall: Price, Utah

January 22, 2003, 5:30 p.m.

Present:

Mayor Joe L. Piccolo Joanne Lessar, City Recorder

Councilmembers: Pat Larsen, Finance Director

Betty P. Wheeler Nick Sampinos, City Attorney

Stephen L. Denison Gary Sonntag, Public Works Director/City Engineer

Richard Tatton Keith Wight, Human Resource Director

Elizabeth H. Kourianos Nick Tatton, Community Director

Don G. Reaveley, Jr. Aleck Shilaos, Chief of Police

Others Present:

Clyde Larsen John Milano Ken Larson Kresha Eastman

Paula Lewis Norma Procarione Gerald Lloyd Joyce Daniels

Art Daniels Brandon Sicilia

Mayor Piccolo led the Pledge of Allegiance. Roll was called with the above members in attendance.

1. COUNCILMEMBERS REPORT

The Mayor and Council presented reports on the activities taking place in their individual departments.

2. MINUTES - January 6, 2003 - Special Meeting

MOTION. Councilmember Denison moved that the minutes of the January 6, 2003 meeting be approved as written. Motion seconded by Councilmember Reaveley and carried.

3. MINUTES - January 7, 2003 - Special Meeting

MOTION. Councilmember Denison moved that the minutes of the January 7, 2003 meeting be approved as written. Motion seconded by Councilmember Wheeler and carried.

4. JANUARY 8, 2003 - Regular Meeting

The following changes were made to the minutes of the January 8, 2003 meeting.

Item #12, Line #5 - Change the word “accepted” to “pursued,”.

Item #12, Line #6 - Change the word “include” to “including”.

Item #12, Line #7 - Change the phrase “final approval” to “discussion”

Item #14, Line #10 - Delete “to expand the road”.

Item #14, Line #10 - Change the phrase “removed from” to “impacted by”

MOTION. With the above changes, Councilmember Denison moved that the minutes be approved. Motion seconded by Councilmember Reaveley and carried.

5. JANUARY 15, 2003 - Special Meeting

MOTION. Councilmember Wheeler moved that the minutes of the January 15, 2003 meeting be approved as written. Motion seconded by Councilmember Denison and carried.

6. WIRELESS INTERNET SERVICE PROVIDER

John Milano, representative for Networks International, thanked the Council for giving him the opportunity to implement the mobile police network that is now in place. It is not known how much this will improve communication, but it has already received some positive aspects. Mr. Milano presented his plans to open a wireless internet access service in the City. They will provide increased performance and service at reduced costs to residents of the City.

7. KRESHA EASTMAN - Visionary Service Leader Award

Mayor Piccolo presented Kresha Eastman with the Visionary Service Leader Award. Kreshas has

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helped Price City and many other organizations determine goals, missions and direction. She has developed a meeting facilitator cadre of trained individuals in this area.

8. NORMA PROCARIONE, PAULA LEWIS - Travel Report

Norma Procarione and Paula Lewis presented a report on their recent travel to attend Lt. Governor Olene S. Walker’s Literacy Summit. Even though this organization’s basic focus is children’s literacy, they recognize the importance of adult literacy, which has been in existence at the Price City Library for several years. When it first started, it was completely funded by grants. As the grant ran out and for the past several years, the City leaders have funded this project. Because of the Council’s vision, the Price City Library was awarded the Olene S. Walker Literacy award.

9. BOY SCOUTS OF AMERICA - Rental Fees Waived For Peace Gardens and Half of 1^st East Street Blocked

Councilmember Tatton presented a request from the Boy Scouts of America to waive fees for use of the Peace Garden for the Scout-A-Rama scheduled for March 15, 2003, and to block off half of 1^st East Street beginning at Main Street. MOTION. Councilmember Tatton moved that the requests be approved. Motion seconded by Councilmember Denison and carried.

10. WATER TRANSMISSION PIPELINE PROJECT, #1C-2002 - Condie Construction

Company - Partial Payment #9

Councilmember Denison presented a request for a partial payment in the amount of $264,429.35 submitted by Condie Construction for their contract on the Water Transmission Pipeline project. MOTION. Councilmember Denison moved that the partial payment be approved. Motion seconded by Councilmember Tatton and carried.

11. COMMUNITY ACTION TEAM - Report

Eric Allred, Community Action Team member, presented a report on their activities and projects. He thanked the Mayor and Council for the opportunity to serve on this team. In recent meetings, the following items were discussed.

The appearance of Price City and how it can be improved

The dress code of Price City employees

Citizen involvement in the community

Unsafe sidewalks and parkway

More benches in the parks and the Peace Gardens and how to raise money for them

Vacant lots and abandoned buildings throughout the community

Permanent Christmas tree in the Peace Gardens

Storage facilities

Press releases on activities in the City

12. CLYDE LARSEN - Appointed Pre-Disaster Mitigation Emergency Manager

Councilmember Reaveley introduced Clyde Larson, who has agreed to be the Emergency Manager of the Pre-Disaster Mitigation Committee. MOTION. Councilmember Reaveley moved that the appointment of Mr. Larsen be approved. Motion seconded by Councilmember Tatton and carried.

13. SWIMMING POOL BOILER - Acceptance of Community Impact Board Grant and Authorization

To Commence Construction

MOTION. Councilmember Kourianos moved that the $100,000 grant from the Community Impact Board for the swimming pool boiler be accepted and that the Mayor and City Recorder be authorized to execute the contract documents. Motion seconded by Councilmember Wheeler and carried.

Gary Sonntag reported that he received a letter approximately one week ago from the Community Impact Board confirming approval of the above grant. He received verbal authorization from the CIB staff to proceed with the project. Commencing tomorrow, several things will be done to get construction underway.

January 22, 2003

14. ALTERNATIVE OPTIONS - Home Occupied Business Approved

Councilmember Kourianos reported that the Planning and Zoning Commission gave a favorable recommendation to the request of William Pilkington to operate Alternative Options, a medical equipment sales business, from his home located at 543 East 200 North. MOTION. Councilmember Kourianos moved that the business be approved upon the purchase of a business license. Motion seconded by Councilmember Wheeler and carried.

15. SIMPLISTIC SOLUTIONS, TRAM ELECTRIC, FAMILY DOLLAR STORE, DECKER’S

BICYCLE, CASTLE VALLEY COMMUNITY THEATER - Conditional Use Permits

Councilmember Kourianos reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits

Simplistic Solutions - 375 South Carbon Avenue #129, Bret Cammans-Owner, (Computer Software Development)

Tram Electric - 1556 East 100 South - Two Facia Mounted Signs

Family Dollar Store - 716 East Main (Neon Building Sign)

Decker’s Bicycle - 77 East Main - Change of Use and Sign

Castle Valley Community Theater - Temporary A-Frame Signs

MOTION. Councilmember Kourianos moved that the requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Wheeler and carried.

16. LYLE BAUER, SCOTT MARVIDIKIS, RICHARD PARRY, RON FOWLER - Travel Approved

Mayor Piccolo presented the following travel requests:

Lyle Bauer, Scott Marvidikis, Richard Parry, Ron Fowler - Utah Green Conference & Trade Show, January 25-28, Salt Lake City, Utah

Aleck Shilaos - Utah Chiefs of Police Development Institute, March 26-28, St. George, Utah

Pat Larsen, Lisa Richens - Utah Government Finance Officers Association Conference, March 26-28, 2003, St. George, Utah

MOTION. Councilmember Wheeler moved that the travel be approved. Motion seconded by Councilmember Reaveley and carried.

17. COMMUNITY IMPACT BOARD PROJECTS - Public Hearing Scheduled, Proposals For Land Use Development Code

Nick Tatton reported that consistent with the projects that were placed on the Capital Improvement List and that will be submitted as projects to the Community Impact Board, he requested permission to hold a Public Hearing on February 26, 2003 for three of those projects. In addition and consistent with the General Plan project, a committee has reviewed and updated the Land Use Development Code. He would like permission to request proposals to look for consultants that could work on this project once all the funding is in place. MOTION. Councilmember Kourianos moved that the public hearing be scheduled for February 26, 2003. Motion seconded by Councilmember Wheeler and carried. MOTION. Councilmember Kourianos moved that permission be given to advertise for proposals for the Land Use Development Code. Motion seconded by Councilmember Wheeler and carried.

18. SURPLUS CITY EQUIPMENT - Permission To Declare Surplus and Sell By Auction

Gary Sonntag presented a list of surplus city equipment and requested permission to declare them surplus and sell them by auction. MOTION. Councilmember Tatton moved that the request be granted. Motion seconded by Councilmember Reaveley and carried.

19. BUDGET CALENDAR - Proposed Budget Beginning July 1, 2003

Pat Larsen presented the budget calendar scheduling the days selected to review the different aspects of the proposed budget for the Fiscal Year beginning July 1, 2003. Mayor Piccolo asked the Council to review it and get back to Pat if there are any conflicts.

20. SEASONAL EMPLOYEES PERSONAL DAY - Discussion

Pat Larsen presented information regarding the idea to provide one personal day per month for

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seasonal employees. This would cost $5,702 for 16 employees, including all benefits. Concerns arose as to how this would work for seasonal employees versus permanent part time employees (19 hours week) who currently don’t receive any paid time off. Also questioned was seasonal employees just starting their first year and if they would receive that same benefit. The Council felt there were too many unanswered questions to proceed and recommended that it be turned over to a committee to review and provide the answers before a decision is made. Councilmember Kourianos recommended that as with all the ideas that have been submitted, that the Idea Committee should develop a comprehensive procedure and process to analyze each idea and give a written report to the Mayor and Council. Councilmember Denison stated that the Core Committee, which consists of himself, Pat Larsen, Keith Wight, and Norma Procarione, discussed this exact thing on how to better handle these ideas as they come up. The Core Committee felt it would be better to have the Council act as the main committee with staff as needed to look it over and answer any questions. It was suggested that the Core Committee prepare a draft copy of procedures and bring it back to the Council at the next meeting. MOTION. Councilmember Kourianos moved that a hold be placed on all ideas until they are fully researched and that a letter be sent to those individuals who presented ideas letting them know what is taking place and that their idea will be reviewed and not forgotten. Motion seconded by Councilmember Wheeler and carried.

21. BUDGET REVISION - Public Hearing Scheduled

MOTION. Councilmember Denison moved that a Public Hearing to revise the budget for the Fiscal Year ending June 30, 2003, be scheduled for 6:00 p.m. February 12, 2003. Motion seconded by Councilmember Wheeler and carried.

22. RESOLUTION #2003-01 - Job Description For Administration Secretary

DANA YOUNG - Reclassification Approved

Keith Wight reported that an advertisement was issued inhouse for the permanent position as Secretary to the Administration, Police and Finance Departments. Dana Young was the only applicant. Keith recommended that Dana be reclassified permanent/full time effective January 12, 2003. MOTION. Councilmember Denison moved that this be postponed until the job description can be reviewed. Motion died for lack of a second. Keith presented Resolution #2003-01, adopting the job description for an Administration Secretary. MOTION. Councilmember Reaveley moved that Resolution #2003-01, adopting the job description for the Administration Secretary be adopted and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Wheeler and carried by the following vote.

Councilmember Wheeler - Aye

Councilmember Denison - Naye

Councilmember Tatton - Aye

Councilmember Kourianos - Aye

Councilmember Reaveley - Aye

MOTION. Councilmember Wheeler moved that the reclassification of Dana Young be approved. Motion seconded by Councilmember Reaveley and carried by the following vote.

Councilmember Wheeler - Aye

Councilmember Denison - Naye

Councilmember Tatton - Aye

Councilmember Kourianos - Aye

Councilmember Reaveley - Aye

23. RESOLUTION #2003-02- Unused Cemetery Lots

Nick Sampinos presented resolution #2003-02, demanding that the owners of certain lots, burial sites, or any portion of the Price City Cemetery, which have been unused for burial purposes for more than sixty (60) years, to file with the Price City Recorder notice of any claim to such lots, burial sites, or portions within the Price City Cemetery which they and each of them may have. MOTION. Councilmember Wheeler moved that Resolution #2003-02 be adopted and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Tatton and carried.

24. INTERNATIONAL DAY - Contribution Received

Councilmember Wheeler reported that the Carbon County Travel Council has contributed $750

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from the restaurant taxes to be applied towards International Days.

25. INTERNATIONAL DAYS CHAIRMAN AND C0-CHAIRMAN - Councilmember Kourianos and Councilmember Reaveley

MOTION. Councilmember Wheeler moved that Councilmember Kourianos be appointed as the Chairman for International Days and that Councilmember Reaveley be appointed as the Co-Chairman. Motion seconded by Councilmember Tatton and carried.

26. UTILITY DEPARTMENT WORK SCHEDULE - Motion Rescinded For Trial Period, Idea Placed On Hold

Councilmember Denison reported that the committee appointed to review the work schedule for the Utility Department met and felt that they would like to stay with their suggestion of working ten hours days Monday through Thursday and closed on Friday. Shari Madrid and Wilma Barnett

would take Fridays off and Heather Wichmann would take Mondays off. Mayor Piccolo stated that none of the questions that he has asked have been answered and feels that there is not enough information at this time. Councilmember Denison stated that in the early stages he was not in favor of closing on Friday, but later felt that it should be given a chance. If it did not work, it could revert back to the current schedule. Councilmember Kourianos stated that this idea goes in the same category with the rest of the ideas, that the Council acted prematurely and that this idea should be frozen until proper procedures can be written and presented to the Council for their approval. MOTION. Councilmember Kourianos moved that the motion for the trial period be rescinded until a policy is in place and that the idea be placed on hold. Motion seconded by Councilmember Wheeler and carried by the following vote.

Councilmember Wheeler - Aye

Councilmember Denison - Naye

Councilmember Tatton - Aye

Councilmember Kourianos - Aye

Councilmember Reaveley - Aye

The Council discussed the confusion and misunderstanding that this issue has created amongst the employees. MOTION. Councilmember Reaveley moved that a letter be issued to those employees who submitted an idea informing them of the premature action by the Council and that their idea will be dealt with in an appropriate manner and that a general letter be sent to all employees regarding the idea bank and assuring them that them that present and future ideas will be dealt with through proper procedures before Council action. Motion seconded by Councilmember Kourianos and carried.

27. CARBON COUNTY TRAVEL COUNCIL/NINE MILE SIGN - Contribution Approved

MOTION. Councilmember Wheeler moved that $1,000 be contributed to the Carbon County Travel Council to be used to upgrade the sign located at the west entrance to Price City. Motion seconded by Councilmember Kourianos and carried. The bottom of the sign has information on current events taking place in Price City.

28. EXECUTIVE SESSION - Character and Professional Competency of An Individual

MOTION. Councilmember Tatton moved that the meeting adjourn and that an Executive Session convene for the purpose of discussing the character and professional competency of an individual. Motion seconded by Councilmember Kourianos and carried.

Meeting adjourned at 7:40 p.m.

MOTION. Councilmember Tatton moved that the Executive Session adjourn and that the Council Meeting reconvene. Motion seconded by Councilmember Kourianos and carried.

Meeting reconvened at 8:59 p.m.

29. REASSIGNMENT OF ADMINISTRATIVE DUTIES - Councilmember Stephen L. Denison

MOTION. As a result of the discussions in the Executive Session, Councilmember Kourianos moved that the assignments made by the Mayor with the consent of the City Council be changed to remove all assignments from Councilmember Stephen L. Denison. Further, those assignments

currently assigned to Councilmember Denison be spread between the other four Councilmembers, and that Councilmember Wheeler be assigned the position as the City’s representative to the Price River Water Improvement District. Motion seconded by Councilmember Reaveley and carried with the following vote, which was verified by a raising of hands requested by Mayor Piccolo.

Mayor Piccolo asked Mr. Sampinos for his opinion on whether the Council action taken was legal. Mr. Sampinos indicated that the Council’s action was legal.