Gunnison City Council Public Hearing Minutes s2

Gunnison City Council Work Meeting Minutes Wednesday, November 30, 2016, 7:00 PM Gunnison City Hall, 38 West Center Gunnison, UT 84634

Present: Gunnison City Mayor Bruce Blackham, Centerfield City Mayor Tom Sorensen, Gunnison City Councilmembers: Robert Andersen, Blake Donaldson, Thayne Carlisle, City Recorder Janell Braithwaite, Officer Tyler Donaldson, Court Clerk Pam Barrus, Police Secretary Carolyn Childs, Gunnison City Attorney Mandy Larsen, Centerfield City Councilmembers: Dan Dalley, Becky Edwards, Jaden Sorensen and Lynette Mincks, Centerfield City Recorder Lacey Belnap, Centerfield City Treasurer Tammy Winegar, Centerfield City Police Chief Brett McCall, Officer Shawn Bjarnson, Centerfield City Atty Steve Styler, Sanpete Co. Sheriff Brian Nielson and Citizens: Michelle Dalley, Paul Childs, Jay Clayton, Cheree Kahrs and scouts Carter Hill, Gage Peterson and Robert Stevens with the Sanpete Messenger

Invocation: Centerfield City Councilmember Becky Edwards

Discussion Regarding Interlocal Agreement between Gunnison City and Centerfield City to Create a New Entity and for the Operation of a Consolidated Public Safety Police Department

Mayor Blackham recognized the cooperative efforts between the two cities throughout the years noting that cooperation yields so much more, and felt the cooperation in putting this interlocal agreement together could benefit both cities down the road. He thanked everyone for taking the time to attend tonight's meeting.

Councilmember Jensen gave an update on Chief Halliday's medical condition noting the Gunnison City Council had approved a three month severance package for Chief Halliday, and wanted to make sure Centerfield City understood this would be Gunnison City's financial responsibility.

Centerfield City's Attorney, Steve Styler, stated he appreciated the help Gunnison City's Attorney, Mandy Larsen, has been while trying to work through this agreement. He noted the reason this was started explaining it was a way to consolidate services when they could be consolidated without burden in order to save time, energy and cost. He reminded the Councils there had been council meetings held in each city where the concept was presented that they wanted to pursue in which the Interlocal Agreement in creating the Gunnison Valley Public Safety Department was presented. He noted both cities adopted the Interlocal Agreement by a majority vote. He explained a standalone Public Safety Department would be created, registered with the State of Utah and certification given by the Lt. Governor for a standalone entity. He gave a history of the Interlocal Agreement noting the Town of Mayfield had been included in the original agreement, but the agreement had been set up that there were provisions provided and a mechanism where parties could come in and parties could go out. When it was apparent that Mayfield did not want to move forward with the agreement, an amended agreement had been provided at that time taking Mayfield out of the agreement, and there were no other changes made to the agreement other than to change the dynamics of the Board. The way that it would operate and be governed was identical. He stated that as the Attorney for Centerfield City, he believes the public requirements to go forward with this has been satisfied, and believes the Mayor has been authorized to sign the revised agreement which lifted Mayfield out of the agreement. Gunnison City's Attorney, Mandy Larsen, agreed with the statements made by Atty Styler in that Gunnison City has also met the requirements, and the agreement has been approved allowing the Mayor to sign the amended agreement and move forward. Atty Styler and Atty Larsen both summarized the process that would have taken place had the original agreement been sent to the Lt. Governor's office rather than the amended agreement.

Mayor Sorensen reported there had been concerns discussed in the Centerfield City Council meeting. Councilmember Dalley reminded the Mayor those concerns had been made in executive session, and now that he has seen a revised budget that looks to be in line that is not a concern, but he has still had the public express their concerns to him of how the Police Chief would be determined with the four member Board. -1- -2- Atty Styler explained the creation of bylaws by the Board that would still need to take place that would address those concerns and issues and develop a procedure to resolve them as well. He related this agreement to articles of incorporation understanding there are still things including operational issues that will need to determined and placed into the bylaws. Councilmember Dalley reported his main concerns were how to pick the Chief, costs and coverage. Atty Styler's acknowledged those were key issues and fortunately with this agreement, if either party feels that there is something lacking in any of those areas the agreement provides the opportunity for either party to opt out. The process of dissolving this entity was reviewed by Atty Styler in noting in the end it would have to be dissolved by the Lt. Governor's office. Discussion ensued regarding the makeup of the Board and the Executive Board. Both Attorneys agreed the amended Interlocal Agreement needed to be signed by both Mayors then sent to the Lt. Governor's office along with the rest of the paperwork that Atty Larsen had completed. Atty Larsen stated as soon as the certificate creating the entity was received from the Lt. Governor's office then the Executive Board would exist and could meet to create the bylaws. Atty Styler assumed the service and coverage would continue as is while waiting for the certificate from the Lt. Governor and for the attorneys to work on the bylaws.

The Interlocal Agreement was reviewed in detail paying special consideration to the Board along with the method of choosing a Police Chief. It was reiterated that every officer is guaranteed a job and if the Chief were chosen from within then it would just be an advancement. Discussion ensued regarding the fifth person on the Board and how they would be or could be chosen. Atty Styler pointed out the Chief would be an ex-officio member of the Board, and would sit in the Board meetings as an advisor only. Atty Larsen explained the bylaws would probably be created first in determining how to handle a tied vote then the Chief would be chosen. Atty Styler noted it would be a four member Board with each Mayor and a citizen from each community.

Councilmember Mincks acknowledged Centerfield had helped Gunnison out in their coverage, but in the same token Gunnison had helped Centerfield out as well and it was greatly appreciated.

Mayor Blackham stated he would like to take enough time to make sure before a Chief is picked that they would be sensitive to Chief Halliday and understand where he is in his situation and that he is guaranteed a position. He would like to move forward in picking an interim manager to help manage the department right now noting that would really help Gunnison in its situation. Atty Styler noted there was nothing that would stop Gunnison City from doing this right now. Atty Styler explained some pragmatic solutions that could help Gunnison at this point. Chief McCall noted he has been helping out the past couple of weeks, and is doing the best he can. Mayor Sorensen commented he and Chief McCall had met with Mayor Blackham when Chief Halliday became sick wondering what Centerfield could do to help each other out and Chief McCall was willing to help. Police Secretary Childs questioned if there would be anything wrong with having Chief McCall continue to help while this new entity is put together. Mayor Sorensen stated he was in complete agreement with this in that they would like to help out and noted Mayor Blackham had offered to help pay if needed if the costs increased, and stated he had left that up to Chief McCall if he became overwhelmed or if it required more time than anticipated. Councilmember Jensen stated that from a practical standpoint the department is now operating as if they were under this agreement in some fashion. Atty Styler noted it had been determined to call the new entity the Gunnison Valley Police Department.

Officer Bjarnson stated he has worked for a lot of different agencies and noted how the entire valley has worked together through many calls, and it has always been clear cut that we are one big law enforcement family and reviewed some of the cooperative efforts he has seen and been involved with.

Charee Kahrs questioned what the requirements were for the Chief of Police. Both attorneys addressed this noting much of that would be an internal policy as well as the requirements that are State requirements to work in law enforcement. Councilmember Jensen pointed out with the departments being created it is envisioned that the Chief is an administrator now who will be covering some of the shifts as discussed in previous meetings. The discussion turned to response times for emergencies. -3- Officer Bjarnson commented how much more effective he is in the towns he does not reside in and explained that more in depth.

Mayor Sorensen voiced his concerns about the duration of 50 years for the agreement and the withdrawal provision allowed. Atty Styler explained that 50 years is statutory in an agreement, and the withdrawal provision states a year's notice must be given to withdraw. The redistribution item on the agreement was also reviewed. Councilmember Jensen noted that inventories from each department should be attached to the agreement so each city is aware of what each city brought into the new entity in case of any dissolvement in the future in that they would take back what they brought. Mayor Blackham also verified Chief Halliday's wage with Councilmember Jensen stating the current pay scale wage goes with the position only, and the agreement for Chief Halliday was for a position only, not for the current wage. Mayor Blackham brought up his concerns listed in the Interlocal Agreement regarding the Chief making all personnel decisions. Atty Styler explained any clarification could be put into the bylaws. Councilmember Jensen stated this Board would function as if it were the Mayor. Mayor Sorensen stated how the Rec Board approves purchases, and questioned if the approval for large purchases could be put into the bylaws. Both Attorneys agreed that it could be. Mayor Blackham pointed out Chief Halliday had been a big advocate in putting this new entity together.

Mayor Blackham and Mayor Sorensen both signed the amended Interlocal Agreement.

8:15 p.m. Adjourn

______Janell Braithwaite, City Recorder

______Bruce A. Blackham, Mayor

______Approval Date