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West Fork City Council August Minutes

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August 27, 2013 by wcobserver

Unapproved Page 1 of 9

MINUTES
Regular Council Meeting
August 13, 2013

Meeting convened at 6:32 PM

Invocation was given by Mayor Hime, followed by the Pledge of
Allegiance.
Members Present: Shane Donahue, Sarah Setzer, Charles Rossetti, Anita
Lowry, Bill Sergeant, Mike Nelson, City Attorney Tom Kieklak, Mayor
Frances Hime, City Clerk Marsha Hungate.
Members Absent: Ed Stout, Julie Shafer

Adoption of the Agenda: Charles Rossetti asked in the form of a motion
to add two items of New Business. New Business #7. Salary discussion,
and New Business #8. Website
2nd by Donahue
Motion Carried

Motion made by Donahue to adopt the agenda as amended.
2nd by Rossetti
Motion Carried

Motion made by Rossetti to approve the July, 2013 Minutes.
2nd by Donahue
Motion Carried

Business Reports
1. Court- no comments or actions
2. Library – no comments or actions
3. Planning Commission – no comments or actions
4. Police Department – Chief Collins discussed the need for at least 1
new vehicle needed immediately, and others to follow. He presented
information on lease programs, and on non-lease programs. Councilman
Nelson agreed that the department needed one vehicle now and he would
suggest putting additional vehicles in next year’s budget. Discussion
followed regarding lease vs. non-lease. Attorney Kieklak reminded the
Council that cities cannot borrow money and is not allowed to pay
interest according to Article 12, section 4. There are ways to do this,
and will work on the legal, correct way
page 2 of 9

to purchase vehicles that will fulfill the short term interest law. It
was suggested to go ahead and purchase the one vehicle outright, and let
Attorney Kieklak work on the way to purchase with short-term interest.

Motion made by Nelson to authorize Chief Collins to use the $15,700 CD
and authorize a line item adjustment in his maintenance budget for an
additional $10,000 to use for the purchase of a vehicle for the Police
Department.
2nd by Rossetti
Motion Carried

Motion made by Donahue to make a line item adjustment to the Police
Department budget to allow $6,000 to fully equip the vehicle purchased.
2nd by Rossetti
Motion Carried

5. Streets and Utilities – Sarah Setzer told Butch Bartholomew that
Mrs. Harp has offered to donate access of right of way, for widening
James Place Rd in exchange for an underground pipe to drain water she
has from the other side of the creek, and has yet to be contacted.
Butch said that was good to know, he wasn’t aware of that, and would
talk to Mrs. Harp. Ms. Setzer advised the road needed to be widened due
to it being difficult to turn that corner if there is oncoming traffic.

Mr. Bartholomew advised the Council of the resignation of David Jones
from the City of West Fork, and thanked him for his years of service to
the City.

Mr. Bartholomew advised Council of a donation from the Property Owners
Association of James Place. They donated leftover monies from their
Association to the street department for maintenance of that street.

6. Parks – Commission Chairman Brian Bowerman introduced to the
Council and Mayor, Isaac Hardison as the Commission’s recommendation for
the Parks Commission. They mayor has already been given the information
for her to make a recommendation.
Motion made by Rossetti to accept the recommendation of Isaac Hardison
to the Parks Commission
2nd by Setzer
Motion Carried

page 3 of 9

7. Renewable Resource Center – Data collection from ADEQ shows 70 tons
taken in, and at this point the State has moved to eventually require
curbside recycling in the near future. They will start with the larger
cities first, then move to the smaller areas such as West Fork.

8. Fire Department – Chief McCorkle stressed the need for paid firemen.
The City needs to furnish one, and the Rural to pay for another. This is
something that will soon be needed. He asked that this be kept in mind
for budgeting.

9. Treasurer – no comments or actions taken

10. Mayor’s Report –
Tim Taggert with Tag-Art Studio thanked the Council for their support in
the opening of his new business.
Mr. Echols asked that the City Council issue a Proclamation of
Appreciation to the owners of Home Town Foods, which has closed after
many years of service to the community.
The Mayor and Council advised that a Proclamation of Appreciation would
be issued.
Andy Baughman spoke for the Homeowners Association of James Place Rd
thanking the City for the improvements done in that area.

OLD BUSINESS:

1. Church Inspection and Purchase Option- After much discussion
regarding the use of the church for city purposes.
Motion made by Setzer to decline the offer of the Christian Church
purchase.
2nd by Lowry
Motion Carried with one vote against by Donahue, stating that he felt
any property passed up by the city is a bad idea.

2. Committee on City Improvement- Charlie Rossetti spoke to the council
regarding the need for pedestrian crossings going into the Riverside
Park, possibly coming across from White Street, and a footbridge across
the River. Because it’s a state highway, it would have to be approved by
the State Highway Department, but we (the city) can and should be able
to get that done.
page 4 of 9

The mayor mentioned the demolition of the Woolsey bridge, and asked if
the City might be able to purchase that for use in helping with city
improvements.
Mayor asked Rossetti if he would like to form a committee to look into
these improvements. Attorney Kieklak said only one person is required
for a committee, and Mr. Rossetti agreed to look into that further and
report back to the Council in September.

3. Council’s motion and approval of June meeting to limit Mayor’s
duties.
Shane Donahue stated his feelings about the vote taken were
misunderstood, and wanted to clear up his reasoning behind voting for
that motion. He wants to make clear that his reasoning behind voting for
the motion was so that it would create a clearer understanding between
the mayor and council in having better interaction and communication,
without one person acting without the knowledge of all involved. He
commended the mayor for her daily activity in the office, and wanted to
make clear that he was not intending it to appear as the council being
against the mayor or ‘out to get the mayor’. The Council was just asking
for more information before action is taken. He hopes for a more
thorough and more informed government to come from this and wants to
move forward.

4. Reappointment of Robin Wilson to the Planning Commission-
Mayor Hime recommended the reappointment of Robin Wilson as Commissioner
to the Planning Commission. Discussion was as follows:
Lowry – stated that her only concern was that the position be
advertised, and it was.
Rossetti – stated that the name issue keeps coming up, and that he had
merely wanted her name clarified for documenting purposes. She was
listed as Wilson, as Staats, and as Wilson-Staats. That is no longer an
issue.
Nelson- stated his concern is that the City has a nepotism rule in
effect and that should include commissions. Ms. Wilson has a spouse on
the Planning Commission. Nelson stated that he felt we should either
dispose of the nepotism ordinance or we should not allow spouses to work
together on a commission.
Attorney Kieklak – it is before the council now to approve a
commissioner. Right now, you may approve a husband-wife set of
commissioners, or you may not. It’s up to you. Base it upon your
conscience, and what is best for the city and the commission itself. You
can make your appointment as you see fit.
Rossetti asked Attorney Kieklak – at the July meeting, a motion was
made to accept Robin Wilson, and there was no second, therefore the
motion died.
Attorney Kieklak – then it’s a clear indication that you didn’t want her
appointed. It’s a failed motion, you can consider her off the table. The
mayor can and has put her on the
page 5 of 9

board again for reconsideration. You can consider it, or you can say no.
It’s up to you.
Mayor- I’m leaving it on the table for reconsideration.
Attorney Kieklak – you just have a vacancy to fill.
Clerk Hungate to Attorney Kieklak – since it died last month, can it
even be brought up again?
Attorney Kieklak – yes since we are not strict Robert’s Rules, it can be
brought up again.
Mayor – since there is no motion, this dies.
Rossetti – would like for the Planning Commission to send you the proper
paperwork to the Mayor for her to consider.
Nelson – would like on the September agenda to discuss the subject of
nepotism, and the possibility of the need to revise the nepotism
ordinance.
Mayor stated she would place it on the agenda for September.

5. Additional employee at RRC and extension of hours for cleaning.
Motion made by Rossetti to hire a person for the RRC 6 hours every
Saturday at $10.00 per hour, $2880 per year.
2nd by Nelson
Motion Carried

Motion made by Nelson to amend the budget to include the aforementioned
motion
2nd by Rossetti
Motion Carried

Mayor- am withdrawing the item regarding the cleaning personnel since
the hourly salary is $13.75. I was not aware of the hourly amount.

6. Schedule Organizational Chart – we still have before us a need for
an organizational chart for Parks and City Clerk.
Nelson- advised he had withdrawn his name as chairman for that committee
at the July meeting.
Mayor – will send a date/time for the organizational meeting and will
notify the Clerk in ample time to announce.

7. Parks – Chairman Brian Bowerman of the Parks Commission spoke to
Council in response to the Mayor coming to a Parks Commission meeting
and announcing that she would be taking over the supervision of the
Parks director, David Roebke, until the
page 6 of 9

‘personnel issues’ were resolved. She also stated that the Council had
concerns and was requesting the clarification of who supervises the
Parks Director, and that the Council was considering changing the Parks
Department to a city department.

The Commission was aware of no personnel issues and asked the mayor to
explain. The mayor told them she wouldn’t talk about them until she had
time to think on them. Mr. Bowerman told the Council the Commission
would be glad to talk about any personnel issues if there are any, but
to the Commission’s knowledge there are none, and none have been brought
to the Commission as of this date. He said that the Commission is an
open forum, and was here to answer and address any questions the Council
had.

Mr. Bowerman then gave a brief history of the Parks of West Fork. He
told of Mr. John Selph, and others including Bobbie Henington, who had
given of their own time for nearly 31 years to establish the Parks in
West Fork. He told of a 1% sales tax passed by the citizens of West Fork
and designated solely to the Parks. He spoke of the growth of the Parks
in West Fork, the many family-oriented functions and events that the
Parks Department sponsors, stressing that we have more than merely
sports events. His response to the Mayor saying the Council wanted to
form a parks department was that there is a Parks Department already in
effect and governed by the Parks Commission.

Mr. Bowerman spoke of his deepest concerns when approached by the Mayor
implying any dissatisfaction with the Parks Commission. He stressed that
the Commission’s desire was to respectfully interact with the Council,
and he felt attacked by the innuendo that it would be replaced. He
stressed that the Commission’s first and foremost allegiance was to the
citizens of West Fork that pay the 1% sales tax for the Parks
Department, and is solely supported by that tax.

Mr. Bowerman presented the Council and Mayor with a handout outlining
how the Commission is set up, and how it functions. Its policies and
procedures are clearly outlined, and on file with Mrs. Drymon at the
City Hall. He presented them copies of Title 12, which clearly defines
the autonomy of the Commission, giving them sole and complete authority
over the Parks. He said in response to the Mayor telling the Commission
they had ‘no rights’, that the Parks Commission under Title 12 has ‘sole
and complete rights’ to oversee the policies and procedures of the Parks
Department, and its Director. They hire/ fire the director, and though
he is under the daily supervision of the City Business Manager, he is
overseen by the Commission. In the packet presented to Council, Mr.
Bowerman included the job description and subsequent evaluation of Mr.
Page 7 of 9
Roebke.

He then asked if the Council had any questions that he might address.

Mayor Hime – Where does the Parks department fit into the Organizational
Chart? We have to decide where it fits. *direct quote from audio*
Attorney Kieklak – The Parks Commission is basically the same as the
Water Sewer Commission, and the Council can, by 2/3 vote abolish it, but
if it isn’t abolished, as it stands as a Commission, it would fall on
the chart under first Mayor, Council, City Clerk, Treasurer, all on one
level, with the Commissions such as Parks and Water Sewer under that,
simply and solely because they can be dissolved by 2/3 vote. Other than
that, no authority over them. The State law is clear on that.
Brian to the mayor – Mrs. Drymon has all these documents here at City
Hall. Why did you not request them from her to clear up these questions?
Mayor – Denied knowing that Mrs. Drymon had them, stating that she
understood that Director Roebkhe had them and never presented them to
her. I was only the messenger for the Council.*audio quote*
Lowry – You are not speaking for me. I want that clear. When I read
this packet, I felt the Commission was under fire. *audio quote*
Rossetti – I am behind the Director *audio quote*
Nelson – stated that he knew that Mr. Bartholomew supervised the Parks
Director on a day-to-day basis, and has for years.
Mr. Bowerman – The City used to fund the Parks. They no longer do. Now
that we’re growing, our parks are growing. We have great plans in the
process for the future.

Mr. Bowerman thanked the Council and Mayor for their time.
No further comments or discussion.

NEW BUSINESS:

1. West Fest – Chief Collins announced that he and Dave Roebke have
volunteered to organize West Fest, and that this year it will be held at
the Community Center on October 12th and 13th, 2013. Food will be
provided by Tim Taggert, at no charge other than the cost of the food he
will purchase. Parks Commission Chairman volunteered the inflatables for
the event. This year will be a small West Fest, due to lack of time to
organize. They hope to have a larger, more well-planned event in 2014.
There will be Arts and Crafts, music on Saturday and Sunday, and meals.
All of West Fest will be held at the Community Center.
page 8 of 9

Charlie Rossetti asked if a motion needed to be made to amend the rules
of the Community Center to allow vendors to make a profit during West
Fest.
Attorney Kieklak told the Council that would be a good idea.

Motion made by Rossetti to amend the rules of the Community Center to
allow profitable vending for West Fest.
2nd by Donahue
Motion Carried with 1 abstain by Alderman Setzer

2. Capital Improvement Program – Mayor would like to move forward with
this, meeting with departments, set long-term goals 4-8 years in
advance, focusing on some goals. It brings departments together in
focusing on growth, and ways of reaching those goals.
No questions or discussion.

3. Police Commission Ordinance –
Motion made by Lowry to create a new Ordinance to have 5 members on the
Police Commission, and stagger the terms served.
2nd by Rossetti
Motion Carried

4. Organizational Chart Update – had been addressed earlier.
No comments or questions

5. Audit Status – Sarah Setzer questioned why we were not up to date
on the audits.
Kristie Drymon advised that the auditor at the time had cancer, was ill,
and the Council at the time tried to allow him time to get caught up,
and hopefully by the end of this year, we will be current.
No further questions or comments

6. All Commission Meetings in evenings. Donahue requested this, and
stressed that he isn’t suggesting every meeting be in evening, but to
make some accessible to the public at a more convenient time, enabling
more to attend.
Anita Lowry agreed that she would like to see some of the meetings moved
around so that more can attend various meetings.
Mayor Hime requested that any meetings notify in time to get on the city
website calendar.
page 9 of 9

7. Salaries – Charlie Rossetti requested the Council increase the City
Clerk’s position to $400 a month from $200 a month beginning in
September 2013 and added to the budget in 2014.
Motion made by Rossetti to do so
2nd by Sergeant
Motion Carried Unanimously

8. Website – Charlie Rossetti made a motion to add an additional $300
for the rest of the year to keep the website updated, and that we give
Marsha Hungate and Kristie Drymon permission and access to give city
information to Gail for the website
2nd by Donahue
Motion Carried Unanimously

Motion made by Donahue to adjourn
2nd by Sergeant
Motion Carried

________________________________ _________________________________
City Clerk-Marsha Hungate Mayor Frances Hime

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