Mayor Cronin presided and conducted the meeting. Todd Christensen, Brady Lewis, Peter Gerlach, Esther Montgomery. Malone Molgard, City Attorney

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1 PERRY CITY COUNCIL MEETING PERRY CITY OFFICES MAY 8, :05 PM OFFICIALS PRESENT: CITY STAFF PRESENT: Mayor Cronin presided and conducted the meeting. Todd Christensen, Brady Lewis, Peter Gerlach, Esther Montgomery Shanna Johnson, Chief Deputy Recorder Malone Molgard, City Attorney OTHERS PRESENT: Lani Braithwaite, Tom Peterson, Tesla Hancey, Scott Hancey, Kim Peterson, Tresa Peterson, Austin Peterson, Jeff Hadfield, Klay Reeder, Tyler Reeder, Jerry Nelson, Debbie Nelson, Jim Felix, Codey Illum, Jason Roberts ITEM 1: CALL TO ORDER Mayor Cronin called the meeting to order. A. INVOCATION Council Member Christensen offered the invocation. B. PLEDGE OF ALLEGIANCE Council Member Montgomery led the audience in the Pledge of Allegiance. C. REVIEW AND ADOPT THE AGENDA Mayor Cronin asked that the agenda be amended to include action item 5H to discuss a proposal from the Gun Range Committee. Malone Molgard asked if there was a section to discuss what occurred in the last Planning Commission meeting. Mayor Cronin suggested item 4B Planning Commission Meeting report be added. MOTION: Council Member Christensen made a motion to approve the agenda as amended. Council Member Montgomery seconded the motion. Council Member Gerlach, Yes Council Member Lewis, Yes Motion Approved. 4 Yes, 0 No. ITEM 2: NEW BUSINESS LICENSES, PROCEDURAL ISSUES, AND APPOINTMENTS A. CONFLICT OF INTEREST DECLARATION None. B. NEW BUSINESS LICENSES Unwind Massage Owner Roe Jenks Mayor Cronin advised that this business would have visiting clientele (no representative was present). She asked if there was any information to share from staff. Shanna Johnson said that this is a massage therapy business, and Planning Commission recommended approval. Council Member Christensen asked how many vehicles would be present at one time. Malone Molgard stated that there would be one car at a time and that they would be there for approximately 1 hour at a time and there is a parking spot available for the visiting clientele. Council Member Christensen asked the hours of operation. Malone stated this would be in the day time hours. 1

2 Orca Swim Malone advised this business license was also recommended for approval by the Planning Commission. He said public comment was made during the public hearing. He explained that the business expects to have 2 teachers with approximately 5 children each; the business would operate during the summer months. Malone stated that the concern was regarding parking at the place of business. He said that the business owner reported that he has 3 parking spaces available for visiting clientele. The concern is that this may not be enough if 10 children will be attending lessons. He said that one neighbor was concerned that his dogs may bite the kids if they put their hands through the fence; the applicant said that he has a 6 ft vinyl fence and the kids should not be able to put their hands through a fence to be bitten. Council Member Christensen asked if there was adequate turn around space on the street. Malone said that this is a flag lot and there is a lane in which parents would travel up to drop children off. Council Member Christensen asked if the applicant would be required to cover any liability in relation to the business. Malone said the liability would fall with the business owner and not the City. Council Member Lewis said he would like to talk with the applicant prior to approving the license. MOTION: Council Member Lewis made a motion to table the business licenses for Orca Swim until the Council can speak with the applicant and the applicant can explain some of the issues. Council Member Christensen seconded the motion. Council Member Gerlach, Yes Council Member Lewis, Yes Motion Approved. 4 Yes, 0 No. Council Member Lewis asked that staff contact the business owner of Orca Swim and ask that they attend the next meeting. Simply Bliss Owner Melissa Pixton Mayor Cronin explained that this is an online store with no visiting clientele. MOTION: Council Member Montgomery made a motion to approve the business licenses for Unwind Massage and Simply Bliss. Council Member Lewis seconded the motion. Council Member Gerlach, Yes Council Member Lewis, Yes Motion Approved. 4 Yes, 0 No. C. PASS OUT WARRANTS TO COUNCIL MEMBERS (AND POSSIBLE DISCUSSION) Shanna Johnson passed out the warrants. D. APPLICATION FOR APPOINTMENT FOR THE THREE MILE CREEK GUN RANGE Mayor Cronin presented the appointment of Mike Vause for the Three Mile Creek Gun Range Board. She said this would fill the board member representing a business. She explained that he is a manager at Smith and Edwards and will be a great addition to the board. MOTION: Council Member Montgomery made a motion to approve the appointment of Mike Vause to the Three Mile Creek Gun Range Board. Council Member Christensen seconded the motion. Council Member Gerlach, Yes Council Member Lewis, Abstain Motion Approved. 3 Yes, 1 Abstain 2

3 ITEM 3: PUBLIC COMMENTS AND/OR PUBLIC HEARINGS A. PUBLIC COMMENTS Lani Braithwaite: expressed appreciation for the Perry First Responders. She said that they recently responded to an incident with her Father-in-law and she was impressed with their performance. She said they were quick, considerate, and did a great job. Jerry Nelson: said he attended the gun range last weekend. He said it was fun and he appreciated the Council s support of the project. He asked about Resolution (Staff Pay Scale) and if there were any copies of the Resolution out for the public to view. ITEM 4: PRESENT TENTATIVE BUDGET FISCAL YEAR AND TENTATIVE BUDGET AMENDMENT FOR FISCAL YEAR Shanna Johnson presented a proposed tentative budget amendment for Fiscal Year (FY2014) and a tentative budget for Fiscal Year 2015 (FY2015): She reviewed the following details for the tentative FY2014 budget amendment: General Fund Available Revenues (including Fund Balance): $2,525, Restricted Funds (Impact Fees & Assigned Funds): $165, Fund Balance to be retained: $303, Spendable Revenues: $2,056,108 Planned Expenses: $2,056,108 Shanna advised department budgets were changed as follows: Department Increase/(Decrease) Reason Administration $13, To allow for year-end adjustments Police $49, Due to costs related to the Public Safety training building and to allow for year-end adjustments. First Responders $13, Due to costs related to the Public Safety training building and to allow for year-end adjustments. Community Development $3, Due to costs related to the Dale Young Nature Park Master Plan and additional Planning needs. Judicial $4, Due to more prosecution cases than expected. Streets ($12,808.00) Shanna advised the City planned to purchase existing streetlights from Rocky Mountain Power. The cost was higher than anticipated and the City decided to not go through with the purchase. Total Change $70, Fund Balance Remaining $303, or 12% 3

4 Shanna advised that no amendments are planned for the enterprise funds. Shanna reviewed details of the proposed Tentative Budget Amendment for FY2015: General Fund Available Revenues (including Fund Balance): $2,362, Restricted Funds (Impact Fees & Assigned Funds): $167, Fund Balance to be retained: $358, Spendable Revenues: $1,837, Expenses: Administration $588, Parks $118, Police $519, Gun Range (New Department) $38, Animal Control $1, First Responders $37, Fire $22, Community Development $83, Judicial $31, Streets $369, Total Departmental Expenditures: $1,812, Contribution to Capital Projects $25, Shanna Johnson advised that the Police and First Responder budgets have been reduced as they will no longer contain expenses related to the Gun Range; a new department was created for the Gun Range and will have all associated costs in its own budget. Shanna explained that the Community Development budget has increased due to the addition of a part-time Planner and some line items that were moved from other budgets (Admin & Parks) to the Community Development budget. Shanna reported that the Streets budget has decreased due to the removal of funds for the 900 West CDBG Grant, which will be completed in Fiscal Year Shanna said that the budget was increased for road repairs from $180,000 to $240,000. Utility Fund Revenue: Expenditures: $803, $812, includes fund balance to be used on specific projects. (Water line replacement, Chlorinator, and Well Upgrades) The City will most likely reduce the amount of fund balance planned to be used by $8,665 in an effort to balance this budget. 4

5 Sewer Fund Revenues: $1,056, Expenditures: $1,145, Shanna advised that Sewer impact and connection fees ($88,570.36) will be used to balance this budget. She explained that because the majority of the costs in the Sewer Fund are attributed to the Wastewater Treatment Plant improvement (bond expenses), these restricted funds can be used. Shanna advised the budget also includes a Debt Service fund, which covers a Special Assessment bond in the Pointe Perry Development area, and a Fleet Service Fund, which covers depreciation of vehicles. Shanna explained that in the next meeting the Council will consider approving this as the tentative budget, once approved the tentative budget will be made available to the public for review. She said that a Public Hearing will take place prior to final approval of the budget, which should take place the first meeting in June. B. REPORT ON MAY 1, 2014 PLANNING COMMISSION MEETING Malone Molgard reviewed the items discussed in the meeting. He said that two main topics were reviewed. The new business coming to Pointe Perry wants to vacate a lot and then re-subdivide changing two lots to make one larger lot to hold their business, and a smaller lot, which they plan to sale to another business in the future. He stated the second issue has to do with a fence permit and a conditional use permit application on a parcel land referred to as the pit near the Cherry Ridge subdivision. He said that this is zoned R2 residential and there is a subdivision that is surrounding it. He said the owners of the property would like to fence the land and put cattle or horses on it to graze. He said that many neighbors came to speak about this application. He said their main concern was about the type of fencing, particularly barbed wire fencing. He said they want a set back of the barbed wire fence (from the residential area). He stated that the Planning Commission tabled this item, as they had several questions. One item they would like more information on is a secondary access to the subdivision. He said that they want to see if this was required in the past and why this has not yet been installed. He said the other issue deals with some confusion with the fencing Ordinance in the Perry Code. He said they requested more information on the Fence Ordinances. Malone said he will be providing the Planning Commission with this information. This item will be reviewed again on May 15, Mayor Cronin said that the City is reviewing the issue of a secondary access to the subdivision, because as of now if there was an emergency that prevented people from getting in and out it could cause a liability issue for the City. She said that the original agreements for the subdivision set forth in 1999 stated that there had to be two roads to the subdivision. She said that she would like for this to be considered as the Planning Commission is reviewing the conditional use permit. Council Member Christensen said that another issue that comes to mind regarding the Cherry Ridge Subdivision is that there was to be sidewalk installed along 1200 West. He said that this does not apply to the conditional use, but there are subdivision improvements that have never been completed. Mayor Cronin said that the City can make the completion of improvements a requirement of the conditional use. Malone stated that he will review the subdivision agreements and see if the sidewalk was required. Mayor Cronin said that she understands the concern regarding the barbed wire fence. She said that if she was a resident in the area, this would also concern her. Council Member Lewis asked the zoning. Mayor Cronin said R2 and if you have another type of use abutting a residential zone the other zone is required 5

6 to install certain types of fencing, such as privacy fencing. She said that the City can also stipulate the type of fencing allowed in the details conditional use permit. ITEM 5: ACTION ITEMS A. APPROVE THE WARRANTS MOTION: Council Member Gerlach made a motion to approve the warrants. Council Member Christensen seconded the motion. Council Member Gerlach, Yes Council Member Lewis, Yes Motion Approved. 4 Yes, 0 No B. PUBLIC WORKS ASST. DIRECTOR/BUILDING OFFICIAL/PLANNER POSITION RESTRUCTURING Mayor Cronin said that the City posted a position for an Assistant Public Works Director / Building Officer / Planner. After reviewing the applicants and putting out some offers it has been decided that it may be better to restructure this to just bring in a Planner. She said that right now the City is using Sam Heiner of Jones and Associates to help with planning. She said that he was originally brought in to assist the previous City Administrator, who also wore the hat of Planner. She said that Sam s hours are increasing. The contract with Jones and Associates for planning assistance is $24.00 per hour for up to 40 hours and then $64.00 an hour after that. She said that the City is using about over 40 hours and at times up to 60 hours of Sam s time, and it is getting expensive. Mayor Cronin is proposing to restructure this position, and hire a part-time Planner to work 6-10 hours per week at $24.00 per hour. Council Member Christensen asked if this will be in place of what Sam Heiner is doing or if the City will continue to utilize Sam for assistance with planning as well. Mayor Cronin said that the City will scale down Sam Heiner s hours to 40 hours or less, keeping the City outside of the higher billing threshold. Mayor Cronin advised that she would like to fill this part-time Planner position with Codey Illum. She stated that Codey has been on staff with the City in the past and is familiar with the Municipal Code and Ordinances. She said that he will also be able to help to bring the City s code current. Council Member Lewis clarified that this is just a restructuring and will not be requiring additional funding from the City. Mayor Cronin agreed that this position was already approved; this will be scaling this down to just a planner. She said that Codey will enter into a contract for the part-time services with the City. Council Member Christensen asked available hours have been worked out with Codey s other employer, Box Elder County. Codey Illum stated that he has talked with his employer. He said that work will take place in the early morning and afternoon. He said that the time is negotiable and he will be signing a disclosure statement with the County. He said that he plans to work with Perry City Staff on what times work best with them. He stated that he plans to work 1 hour per day at Perry City and to also attend the Planning Commission meetings. Mayor Cronin stated that she also talked with Tom Peterson (Codey s Supervisor at Box Elder County) and he 6

7 said that as long as he keeps his work with the City separate from his hours at the County he was fine with the working relationship. MOTION: Council Member Lewis made a motion to restructure the Assistant Public Works Director/Building Official/Planner position to a Part-Time Planner position, and to hire Codey Illum as a 1099 Contract Part-Time City Planner at per hour. Council Member Montgomery seconded the motion. Council Member Gerlach, Yes Council Member Lewis, Yes Motion Approved. 4 Yes, 0 No C. ORDINANCE 14-G VACATING LOT 6 OF POINTE PERRY SUBDIVISION PHASE 1 AND LOT 17 OF POINTE PERRY SUBDIVISION PHASE III Mayor Cronin said that this agenda item will vacate this lot from the subdivision and the next item will reconfigure and place it back into the subdivision as Malone explained earlier. Council Member Lewis asked if there was a plat he could review. Malone reviewed the plat stating that they will take lot 6 and 17 vacate them from the subdivision, and reconfigure them (so they are no longer of equal size). He stated that they will make one larger in order to fit their business, and the other smaller lot will be sold at a later date. He said that there is a section on the plat that is owned by Perry City (housing the lift station). Codey Illum said that the City just found out that we currently do not own this, but the developer plans to do a quit claim deed and place this in Perry City s ownership. Council Member Lewis asked about a portion of land on the plat, which Malone declared was to be used as a detention pond. MOTION: Council Member Lewis made a motion to approve Ordinance 14-G Vacation Lot 6 of Pointe Perry Subdivision Phase 1 and Lot 17 of Pointe Perry Subdivision Phase III. Council Member Montgomery seconded the motion. Council Member Gerlach, Yes Council Member Lewis, Yes Motion Approved. 4 Yes, 0 No D. POINTE PERRY SUBDIVISION PHASE 4. LOCATION: RESUBDIVISION OF LOT 6, POINTE PERRY SUBDIVISION PHASE 1, AND LOT 17, POINTE PERRY SUBDIVISION PHASE 3; WEST OF I-15 AND SOUTH OF 1100 SOUTH. APPLICANT: HIX SNEDEKER COMPANIES. Mayor Cronin said that this agenda item will reconfigure the lots and place them back into the Pointe Perry Subdivision. MOTION: Council Member Gerlach made a motion to re-subdivide Lot 6 Phase 1 and Lot 14 Phase 3 of the Pointe Perry Subdivision as Pointe Perry Subdivision Phase 4. Council Member Lewis seconded the motion. Council Member Gerlach, Yes Council Member Lewis, Yes Motion Approved. 4 Yes, 0 No E. RESOLUTION 14-9 EMPLOYEE BENEFITS Mayor Cronin said that this allows the City to enter into a contract with the insurance providers. She said that the medical and dental insurance provider selected was Public Employee Health Plan (PEHP), which is the same plan that the City is on this current year. She said that there is an 8% increase from last year, which is very good compared to increases that other organizations are getting. 7

8 Mayor Cronin said that she was made aware that Brigham City Council members are eligible for their benefits and she asked Keith Cordon of Encore Benefits (City s Benefit Agent) if this would be possible for Perry City elected officials. She advised that he said the elected officials could participate. Council Member Lewis asked what the cost would be. Mayor Cronin said that a chart can be provided to him. Shanna Johnson cautioned that this would increase the City s budget. Mayor Cronin said that the City would not be funding the premium; the individual would need to fund this themselves. She said that the benefit to the elected official would be the lower premiums offered to the City. MOTION: Council Member Gerlach made a motion to approve Resolution 14-9 Employee Benefits. Council Member Christensen seconded the motion. Council Member Gerlach, Yes Council Member Lewis, Yes Motion Approved. 4 Yes, 0 No F. RESOLUTION STAFF PAY SCALE Mayor Cronin advised that this proposed Resolution puts in place new parameters to the employee pay scale. She said that she put out an employee survey and the number one thing the employees wanted was to have pay based on comparative data. Based upon the results of survey the city has completed a pay study, taking into account the size and budgets of surveyed cities and ensuring that pay ranges, percentage wise, are equal across the board (i.e. if pay is lower than average by 10%, it is 10% lower across the board, on all positions). Mayor Cronin reviewed the Pay Matrix for Administration, Public Works, and Police. She advised that the pay matrixes are very similar to what is in place currently. She stated she worked with the department heads on skills required and with the pay committee on wages. Mayor Cronin said the Pay Matrix details the skills required for a particular position and pay range, and each level builds upon the prior level or range. She said that ranges have been opened up to allow growth within each level and the pay ranges are also more competitive with towns or cities of similar size and budget. Council Member Lewis stated as a representative of the Police Department, they are not in agreeance with the pay scale at this time, and he is not ready to take action on this tonight. He recommended this be tabled until further discussion can take place, and when the Police are more comfortable with the pay scale. Mayor Cronin asked if they Police were uncomfortable with the pay scale proposed. She said that she worked on this with Chief Weese yesterday and he said that he would be signing off on this. Chief Weese explained that the money figures are fine, but he was uncomfortable with the pay increases. He said that in order for him to go from his current wage to the top of his range, he would have to work with the City for another 33.5 years. He said that he would like to work on the pay scale further. Mayor Cronin asked Chief Weese why he said he was good with it yesterday, and now he is not. Chief Weese said yesterday in the 2 hours he had to review it, he was good with it, but now that he has spent more time on it, he thinks there are problems that need to be fixed. Council Member Gerlach asked him to explain his concerns. Chief Weese expressed disapproval with the pay increase amounts. He said that if his potential increase is $0.36 per hour, each year, it will take over 33 years to get to the top of his range. Mayor Cronin advised that the second portion of the new proposed pay scale is that the pay increases have been opened up so they are not limited to $0.12, $0.24, or $0.36 per hour. Chief Weese said that he was unaware of the change to pay increases, and that the papers the Mayor provided to him still had $0.12, $0.24, and $0.36 on them. Mayor Cronin disagreed, stating the forms she provided to Chief Weese did not have a pay increase amount on them. Chief Weese said that the officers have not yet seen the charts and that is why they are in attendance at the meeting tonight. Council Member Lewis said that is why he is proposing this be tabled so that it can be reviewed and we can make sure that everyone understands what is being proposed. Mayor Cronin said that this pay scale will be used when reviewing employees next year. She said that is why all department heads were given the opportunity to review and express any concerns prior to it being brought to the Council for action. She said that all department heads signed off on the proposed pay 8

9 scale. Chief Weese said except for him, he did not sign off on it, although he said, he told the Mayor he would. He said he was only allowed 2 hours to look at it and that is not enough time. Mayor Cronin explained that this particular pay scale does not set a pay increase limit. She said that with this pay scale the Council could approve a 10% increase if they wanted to. Council Member Christensen said the pay matrix is on one form and the performance review and increase process is on another. Council Member Lewis asked what the harm is in tabling the Resolution. Mayor Cronin said there is no harm. Council Member Lewis said then in an effort to ensure understanding and maintain morale with the police he would recommend tabling the Resolution. Mayor Cronin stated the pay scale is part of the budget and she has been working with department heads for a few weeks. Council Member Montgomery asked if there were any specific changes the Chief is proposing or if he just needs further information. Chief Weese said he is lacking information and that he would ask that the pay scale be further defined so that officers will know what they will be making. Council Member Christensen said that the Chief was under the assumption that he would be working with the previous pay increase amounts, now he needs to understand how the current pay increases will work. He said that he also does not feel that City Council has had this for a long enough review period. Shanna Johnson stated if she understands the new pay practice correctly, the budget will mandate performance increase amounts. She stated that this is how increases have been handled in for the last 7-8 years. She explained that when the City first adopted the new policy the employees were given performance increases between 3-5%, based on their performance rating. She said that this has been adjusted over the past 8 years, first to 1-3%, then to the $0.12, $0.24, $0.36 per hour model currently being used. Shanna stated that she believes there is no amount listed on the performance guidelines, so that the Council can identify what is available in the budget each year, and determine pay increase amounts based on availability. She said that the Pay Matrix identifies pay amounts given if an officer (or employee) was to achieve the next skill level. There is a pay range within each level, and the employee can get pay increases within the range based upon their performance and budget availability. Mayor Cronin agreed with this stating that next year during this time, the Council will review what is available in the budget and identity performance increase amounts, those amounts will not be known until next year. Council Member Lewis said that he still recommends this be tabled. He said that he is not stating that any changes are needed; he just wants to make sure that the Police are comfortable with the policy before action is taken. Mayor Cronin said if there is discussion needed, that needs to take place here, because she has already had discussions with the department heads for the last two weeks. Chief Weese said the form that was given to him two weeks ago was the policy that listed performance increases at $0.12, $0.24, and $0.36. Mayor Cronin disagreed stating that the current page projected on screen (with no increase amounts), was given to the Chief and was presented in the last Council meeting. Council Member Lewis said he needs more time to review the pay scales and performance guidelines before he will be ready to take action on it. Cody Herbert asked if the employees are allowed to review the policy prior to approval. Mayor Cronin said yes, she is fine with the police giving input, but any input needs to be discussed here, because the Council is the governing body and who will be taking action on the policy. Mayor Cronin said this policy was reviewed in the last City Council meeting. She explained that the changes that have been made since that meeting are underlined. She said that she and the Chief went over the changes on Monday. The Chief agreed he reviewed the changes. Mayor Cronin pointed out that there is no pay increase amounts listed. He said that the other sheet he has lists $0.12, $0.24, and $0.36 on it. Shanna Johnson asked if he was referring to Appendix A of the Personnel Policy. Shanna stated that she understands his concerns with the $0.12, $0.24, $0.36 pay increase. She said that has been a concern of all employees since it has been in practice. Mayor Cronin said that is why the amounts have been removed. Chief Weese said that it does not list any amounts and he believes the City will still be using the $0.12, $0.24, $0.36 model unless another amount is listed. Mayor Cronin disagreed, stating that this policy removes the limitations of the $0.12, $0.24, $0.36 pay model. Council Member Christensen said this proposed pay policy is similar to what is used in private industry. He said he agrees that it is different than what the Police Department is used to and the City needs to figure out how to share this information 9

10 so that the Police can understand it. He gave an example of how the policy would be applied; stating that if next year the City sees an increase in sales tax from Wal-Mart the City could potentially give a 6% increase based on performance. He said the reason they removed the pay amounts is because it boxes the Council in and limits them from being able to give a larger increase. Council Member Christensen said what Shanna said is partly true, that the increases are based on budget, but they are also based on performance. Chief Weese said that this pay scale is completely different than their current pay scale and in his opinion it needs to be looked at closer prior to being approved. Council Member Lewis agreed that they need more time to review this. Council Member Gerlach said that many employees have had concerns with the $0.12, $0.24, $0.36 pay model because they feel that the pay increase is not worth their effort. That is why this has been removed. Mayor Cronin said this policy is not constrictive it is more open. Cody Herbert asked to see the pay matrix for Police. Shanna Johnson projected the pay matrix on the screen. Chief Weese said that he is okay with the pay listed; he was just not comfortable with the performance increases. Council Member Christensen explained to the Chief that just because there is a high amount on a pay range, does not mean that every employee will always hit the top of the range. Chief Weese asked why it is listed then. Council Member Christensen explained that a range is designed to give flexibility when hiring employees. If the City was to hire a previous Lieutenant with a lot of experience, they could hire them at a higher rate within a range. Chief Weese said that he has 17 years experience, and he is being paid as a Chief with only 10 years experience. He said that his pay range also no longer has the 20 year max it used to have. Council Member Montgomery said she understands his concern. Council Member Christensen said that most employees are not meant to max out a pay range; the fact is that most people make more when they change a job than they do when getting a performance increase. Council Member Lewis stated he would also love the luxury of knowing exactly what he would make each year. Chief Weese said that there is opportunity for someone to make $35 per hour, the person who was the Chief, two Chiefs ago made over $30 per hour, and the last Chief also made almost $3.00 more per hour than he does. He asked why the City is progressing down. He stated he has more experience than the last Chief. Mayor Cronin asked the Chief if they met and reviewed every pay range. He said yes. She said that they did not take any money from any range, they actually expanded each range. Chief Weese agreed. Mayor Cronin said that the Council discussed pay and decided that they did not want increases to be based number of years, but on performance, so they took the pay ranges and placed them into a matrix based on skills and performance. She said that nothing prevents the Council from giving the Chief a $5.00 pay increase if they chose to do so. Chief Weese asked when the last time that happened was. Mayor Cronin stated that he has not given the Council a chance to do so. Council Member Lewis said before we were bound, this removes the restrictions. Jerry Nelson (former Mayor) said this is not true; you could have given a cost of living increase (COLA) at any time. He said that the $0.12, $0.24, or $0.36 per hour increase amounts were a guaranteed amount the employees could get based on performance. He said from what he is hearing, the officers do not know what they need to do to get a better raise. Mayor Cronin said that what an employee needs to do to get an increase is defined in the performance guidelines. Based on their performance they will be rated between Level 1 and Level 4. She said the amounts of the increases given based on these performance levels will be defined each year and based on the Council s decision this could be up to a 5% increase, the amounts will be disclosed next year after they have been set. She said the biggest issue with morale this year was due to the employees not liking the increases being $0.12, $0.24, or $0.36 per hour. She asked if the police liked the $0.12, $0.24, $0.36 increases. Chief Weese said that they have worked with this. Mayor Cronin asked if they would like the Council to put this back in the document, because the Council could put that in. Chief Weese said that he does not see anywhere in the document that states that the employees could get a big percentage increase next year. Mayor Cronin states these amounts will be set going forward. 10

11 Cody Herbert asked if his performance review will still be completed by his Chief and Sergeant. Mayor Cronin said yes. Cody asked if he were to get 3 s across the board, would he get a pay increase and who decides this. Mayor Cronin said the Council will decide increase amounts, like they did 3-4 years ago; they will decide the amounts that will be given for performance ratings across the board, for example they may decide to give a 3% raise to anyone achieving a rating of Level 3 or above. Cody asked if it was true that the Police budget was being cut in the next fiscal year. Mayor Cronin said the Police budget for wages was increased by $20,000. Council Member Gerlach said the overall Police budget decreased due to the Gun Range being moved into its own budget. Chief Weese said if it is an issue or illegal to table the item so that the officers can review the policy then pass it. Mayor Cronin stated that this is a living document and can be changed at any time. Mayor Cronin said that this policy provides more structure, it is not punitive in anyway, it opens up the pay ranges and the ability to give larger increases, and the pay can be increased with a COLA at any time as well, but this type of increase is across the board and not a performance increase. Chief Weese is asking if it would be possible to go back to the pay scale from 8 years ago, instead of using this one that pays the officers less. Council Member Montgomery and Council Member Gerlach stated it is not paying less. Mayor Cronin said that is not what the Council is proposing. Chief Weese said so it is not possible to keep the old pay schedule that is better suited for Police. Mayor Cronin said that they keep the pay ranges, but the automatic increases due to number of years would not be possible. Chief Weese said that is why after 17 years he has to be paid at a 10 year level. Mayor Cronin said that the City has not decreased the Chiefs pay. Shanna Johnson said that as she understands the pay scale from 8 years ago, the years of service listed on the pay table are not designed to give an automatic increase. They are used to set base pay when an employee is hired, based on years of experience. Shanna stated if you review the old pay appendix there was a increase amount that was to be awarded based on performance that ranged at the beginning from 3% -5%, then lowered from 1% - 3%, then was lowered again to $0.12, $0.24, $0.36 per hour. Chief Weese said that this was a 20 year table based on an Officer s 20 years of service and gave a 12% increase each year for longevity. Shanna disagreed stating that there have never been given 12% increases given for performance. She stated that this pay table was not designed as Chief Weese has described, if you look at the bottom of the table it lists the performance increases to be given. Chief Weese said if he would have had that chart, like he has request for the last two and half years, then maybe he would have understood the old pay chart (he then walked out of the Council room and slammed the door going to the upstairs police office). MOTION: Council Member Lewis made a motion to table Resolution Staff Pay Scale until the next City Council meeting so that further discussion can take place, and so employees can feel comfortable with it. Council Member Montgomery seconded the motion. DISCUSSION: Mayor Cronin said who really needs to feel comfortable with this policy is the Council. Council Member Lewis said there is very obvious dissention, people are not working together and he said the Mayor has already said it will not hurt anything to delay the approval. He said he is not sure why the Council would try to punch it through, he thinks that we need to talk to the employees more about it. Mayor Cronin said she does not disagree with this, but she will need the Council around more to do this. Council Member Montgomery stated that she has looked at Appendix A and the City is not adhering to that pay schedule. She said that the document is obsolete; this pay scale is an attempt to bring this up to date and to allow for more opportunity for pay increases. She said that what maybe the officers are missing here is at least the other pay scale had some sort of minimum guarantee for a pay increase and maybe this is the issue. Mayor Cronin said that the minimum guaranteed pay increase is exactly what the other employees had issue with. Council Member Christensen said that he has also recently reviewed the old charts and they are just that, old payment structures. People understand that people who work harder get paid more based on their performance instead of getting paid for being in an organization for another year. Council Member Christensen said that the pay practices need to be brought current. He said that he agrees with the motion and proposes that they work out some scenarios to help the employees understand 11

12 the proposed policy. He said that the old chart is obsolete. Mayor Cronin and Council Member Montgomery agreed stating that the chart has not been used for the last 4 years. Mayor Cronin said that she is trying to bring the pay scale more up to date. She reviewed all pay ranges with the Chief and all the pay ranges are now higher than they used to be. She said he actually asked her to cross numbers off of the old chart, because the comparison numbers were higher. Cody Herbert asked if the lower wage was higher. Mayor Cronin said the lower wage on the chart was not even minimum wage. Cody Herbert asked about the training allowances. Mayor Cronin said that there will be a $400 training allowance for job related training. She said this is based off information gathered from other Mayors in Northern Utah. She stated that they have told her most training can be done for free, and conducted in Sandy City and North. She said that salaries will also be paid for training during working hours. She said the Chief has reviewed this and was okay with it. She said the concern was performance increases. She said this year if you get a good performance evaluation you will get a $0.36 per hour pay increase, but this increase amount has been a morale buster for the staff members that have been subject to these increases and were not able to get any more than that. She said what she is trying to do is increase the amounts that can be given, but she cannot guarantee the employees $0.25, $0.50, or $0.75 because she is not sure that the budget will be available for it. Mayor Cronin said that if it can be afforded then they will give these types of increases. Council Member Lewis said that everyone s motives are pure, this just requires a little bit of diplomacy. He proposed that in the next week the police staff and some of the council members get together in the same room to discuss this. Council Member Gerlach said that they have been working on the pay scale and asking for input and they have been unable to get input from the Chief. Shanna Johnson agreed with Council Member Lewis that a meeting would be good. She thinks the pay ranges should be reviewed along with pay survey, the negative impact that the $0.12, $0.24, $0.36 pay increase model has had on staff, and also what other cities are doing. She said that each year she receives an from the Utah City Managers Association which reviews annual pay increases. She said that some years cities give 1% - 2% merit or COLA increases and other years cities do not give increases at all. She explained that this changes each year based on budget availability. She said that performance is important, so that as an employee you can demonstrate that you deserve an increase when budget allows. Shanna stated that she also does not foresee the City would not give increases at all, but she feels that it depends on monies available. She said the reason why the pay chart (appendix A) is obsolete, is because the Council has had to change the performance increase amounts each year based on budget availability, especially during the recession. She said the pay table approved last year capped the amount of increases that can be given; this policy opens it back up so that larger increases can be given when funds are available. Mayor Cronin agreed that a meeting would be good, but stated it is frustrating that they have been working on this for so long; they have asked for feedback for 3 weeks and have not had feedback from one department head until now. Mayor Cronin said that this is item affects budget and although it does not need to be passed right now, it is important that we get this passed soon. Council Member Montgomery said she has a few amendments that she would like made to the document and she will get them on the next draft. Council Member Gerlach, No Council Member Lewis, Yes Motion Approved. 3 Yes, 1 No G. RESOLUTION FIRE CONTRACT Mayor Cronin said that she met with Mayor Vincent and Jim Buchanan Emergency Service Chief of Brigham City. She said that they have graciously offered to keep our fee for their fire services at $19,000. Council Member Christensen said he feels they provide great service and he doesn t see any reason to change. Council Member Lewis said he is glad to see that the fee did not change. MOTION: Council Member Gerlach made a motion to approve Resolution authorizing the Mayor to sign a fire contract with Brigham City. Council Member Christensen seconded the motion. 12

13 Council Member Gerlach, Yes Motion Approved. 4 Yes, 0 No Council Member Lewis, Yes H. THREE MILE CREEK RANGE PROPOSAL Mayor Cronin said in the Gun Range Committee meeting that took place today it came to her attention that there are many vendors who want to help the City to purchase some shooting benches which cost $800 to $900 a piece. She said that vendors such as Remington and Browning and other gun manufacturers said that they want to purchase these for the City. The vendors would like these in place by the event Smith and Edwards is putting on at the Gun Range on June 13 th. She stated that they have commitments from 14 vendors. Mayor Cronin said they need someone to cut the purchase order up front for $11,000 to pay for these and get them ordered. Council Member Christensen asked if anything has been signed. She said that Smith and Edwards has paid for the first $1,680. Council Member Christensen asked how many bays are at the gun range. Eric Halter said they have 20 bays, they have 14 benches sponsored and there are already 5 benches located at the gun range that were built last year. He said that 1 bay is intentionally being left open, to accommodate those who want to shoot in a prone position. Eric said these will be commercial grade benches and will take some effort to be moved, but can be moved if needed. Council Member Christensen asked if the City releases the funds they will be here by the 6 th of June and ready to install by the shooting event taking place June 13 th. Eric said yes. Council Member Lewis asked why the City is required to pay this up front and asked why the vendors just don t pay for these up front. Eric said that many organizations find it easier to donate product than money. He said that these vendors have committed to donate merchandise valued at the price of the benches to go toward the benches. He said that the product will be given to Smith & Edwards and when the product is sent to them, Smith and Edwards will be cutting checks to Perry City. He said that this is an easier process than trying to get a cash donation approved from their corporate offices. Council Member Lewis asked what guarantee does Perry City have, that will help mitigate the risk. He said that the only guarantee they have is a handshake commitment from Smith and Edwards. Mayor Cronin said as soon as the product is received Eric and Mike Vause has committed to send payment to Perry City. She said that the City will not have to wait until the product to be sold. Eric said once the PO is created for the product they will send a check to Perry City. Council Member Lewis asked if Eric is with Smith & Edwards. Eric said yes, he is the assistant manager of the firearms department and a buyer for Smith & Edwards. He said that Mike Vause is the General Manager of sporting goods and also sits on the board. Council Member Lewis asked what the value of the benches is in a worst case scenario. Eric said the benches retail value is $840 each if you purchase 5 or more, and if you buy less than that they are $950 each. Eric said that they only called half the vendors on their list and had donations for all 14 benches. Council Member Christensen asked if they will get some advertising in exchange for the donation. Eric said yes, that the vendor who donated the bench will be the sponsor of the bay and will be able to place a banner on the bay. He said that a standardized size and material will be required. Council Member Gerlach asked what the motion needs to include. Mayor Cronin suggested the Council approve an allocation of $11,760 to go toward shooting benches, to be paid back by Smith & Edwards as product comes in. Council Member Lewis asked what budget this will come out of. Shanna stated that this will be coded to a liability account; the City will use cash (fund balance) to cover the expense and will recoup the cash with monies received from Smith & Edwards, similar to when the city purchased cookbooks that were then sold to the public. MOTION: Council Member Gerlach made a motion to approve $11,760 to purchase shooting benches for the Three Mile Creek Gun Range, which will be paid back by Smith & Edwards as the donations from vendors are shipped to Smith & Edwards, within the next 6 weeks. He noted that $1,860 in payment for benches from Smith & Edwards has already been received. Council Member Montgomery seconded the motion. Council Member Gerlach, Yes Council Member Lewis, Yes 13

14 Motion Approved. 4 Yes, 0 No ITEM 6: DISCUSSION ITEMS A. REPORT ON CDBG GRANT Shanna Johnson reported that the project is on track, but the contractor has asked for an extension due to some rain days. She said that paving was to take place May 15 th, but they are requesting to extend this to May 17 th. Shanna stated that K.R. Dickamore has completed the underground work and Romero Construction is prepping for cement work. Paul Nelson agreed that they have been delayed a few days due to the weather, and some utilities that need to be moved. Paul said he thought they plan to pave on May 28 th. Shanna stated that she has processed the request for payment from CDBG. B. WETLAND ISSUES Mayor Cronin reported that the wetland issues at Pointe Perry have been resolved and the Tractor Store is on track to close on the 20 th. C. UTOPIA/MACQUARIE PROPOSED REVIEW Mayor Cronin reported that the Utopia/Macquarie proposal has been received. She said that they are proposing a mandatory monthly Utility Fee of $18.50 to $20.00 per household to come in and run fiber to every home. She said that the fees would not be due until 6 months after the project was complete to ensure that they have fixed any issues with the system. She said for the $18.50 fee every house would get 3mg up and 3mg down of fiber service with a 20 GB cap. She said that a nationwide phone service could be offered as an alternative for that same amount. She said this would guarantee build out for the City. She said that people would also be able to upgrade to better service or to add television service. She said that for 100mg up and down it would cost a resident $49. She said they also offer a triple play option for around $120-$130. Mayor Cronin stated that any of the upgraded service fees will come back to the City to help pay down the debt. She said that this would be an open system, and would allow competition from many different vendors. She said that she thinks it is a great business model, but she does not like to force a fee on all residents. Mayor Cronin said the City has a debt to pay and this year paid $104,000 in a debt payment. She said that without Macquarie, unless another offer is made, the City will never have fiber service, but will still have 28 years of debt payments. Mayor Cronin said that there was talk that people could opt out due to financial hardship. Council Member Christensen said that if all member cities do not participate, the amount may go up. Mayor Cronin said she thought the deal would not be possible if all the cities did not participate. Jason Roberts said that all the large cities would need to participate in order for the project to continue. He said if Perry City did not participate it may not affect it. Mayor Cronin said there are several points that they have asked the City to go over. She said that there are several pages of them and suggested reviewing this at a different time. She said that the City has 60 days to decide if they will continue on to milestone of the project. Council Member Gerlach said that what is presented makes a lot of sense, but the challenge will be explaining this to the public. He said that he does not think people will have a problem with this if they know that they will be able to replace a more expensive service with this option for $18.50 to $20.00 a month. Council Member Lewis asked the duration of the agreement. Mayor Cronin said that this would be a 30 year agreement and the system will be turned back over to the City at the end of the 30 years. Council Member Christensen said they presented some impressive numbers regarding revenues the system will be generating in the next 30 years, although it is hard to predict what will happen in the next 30 years. Mayor Cronin stated that if 30% of the population was to upgrade service it would pay for half of the debt service. She said it is a great business model; the only part that is hard to swallow is the forced utility fee. Mayor Cronin said that she ran the numbers and currently citizens are paying approximately $6 per month through taxes to pay the debt service payment. She said that the City will be asking for $12 more per month and with the extra cost per month, the residents will get a service. Council Member Gerlach said it comes down to how to communicate this to the public. Council Member Lewis said this comes down to principle. Mayor Cronin agreed, but it is 14