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HomeMy Public PortalAbout2019.01.07 Special Council Minutes MINUTES McCall City Council Special Meeting Northfork Lodge 200 Scott Street, McCall January 7, 2019 Call to Order and Roll Call Work Session Adjournment CALL TO ORDER AND ROLL CALL Mayor Aymon called the special meeting of the McCall City Council to order at 6:00 p.m. Mayor Aymon, Council Member Giles, Council Member Holmes, Council Member Nielsen, and Council Member Sowers all answered roll call. was absent. City staff members present were Anette Spickard, City Manager; BessieJo Wagner, City Clerk; Erin Greaves, Communications Manager PUBLIC COMMENT Public Comment related to the Midas Gold Community Partnership Agreement Anne Labelle with Midas Gold gave a brief overview of the Community Partnership Agreement. She explained that it is a legal document that binds the company, if the company is sold this would also bind the purchaser. Sean Gould – Stated that his comment is not about the project or the character of the employees of Midas Gold, he requested that the Council stay neutral and not sign the agreement. Don Chapman - Requested that the Council stand with Nez Perce on their position. He also felt that prior to making any decisions the Council should wait for the EIS to come out. Clements stated that he was in favor of the agreement with the caveat that the Council stay involved long term. He is a native Idahoan and feels that the Midas project is an opportunity to clean up the Stibnite site. Wes Keller expressed concern with the agreement stating that in his experience, generally the community writes the agreement. He opined that since Midas wrote it, he feels there is a conflict of interest. He stated that the agreement never mentions the communities that do not sign the agreement. He is concerned with the effects on the fishery and the economic impacts. MCCALL CITY COUNCIL Page 1 of 8 January 7, 2019 Special Meeting Brian Maloney stated that he is opposed to the Council signing the agreement. He felt that the agreement does not hold Midas accountable to anything. He felt that the amount of money at stake is small by not signing the agreement. Mike Weisenbach stated that he was opposed to the Council signing the agreement. He stated that it felt premature and would put the City in a bad spot. Joey Petrie felt that there was no guarantee of the safety of the material that will be moved through McCall and he was opposed to the Council signing the agreement. Barre Quartine stated that he owns property on the river and any risk to the river is not a good idea. He was opposed to the agreement and encouraged the Council to stay neutral. Belinda Provancher explained that the agreement is not about whether or not to approve the project, it is about the opportunity for reginal discussion. Judy Anderson was opposed to the Council signing the agreement. She felt that Midas has been misrepresenting their intent. Nick Monahan expressed concerned with how the mine may affect the City and posed the question of what happens to tourist-based towns when the mine comes. Caroline Penny was opposed to the Council signing the agreement. She felt that the agreement only benefits Midas and the community does not benefit. Erin Zachery expressed his opposition to the Council signing the agreement. Lisa Weisnant was opposed to the Council signing the agreement. She felt that it is not about being at the table, it is about the foundation. She opined that the foundation should be separate from the agreement and it is too soon to be establishing such an agreement. She stated that the EISs will tell the community more. She did express her concern about how the mine will affect the river. David Simmonds stated that he understands that the agreement is not about the mine, that it is more about relationships. However, he is opposed to the Council signing the agreement. He stated that the NEPA process needs to happen first prior to signing any agreement. Julia Thrower, Environmental advisory Committee Chair, commented that the committee advises the Council to not sign the agreement. She cautioned the Council about the many unknown impacts of the agreement and feels it would make the City an investor and would be a conflict of interest for the Council to sign the agreement. Julia Thrower speaking on her own behalf, asked the question is the agreement constitutional. She is opposed to the Council signing the agreement. She opined that it makes the City a stockholder with Midas and creates a conflict of interest between representing the public’s best interest. MCCALL CITY COUNCIL Page 2 of 8 January 7, 2019 Special Meeting Robin Armstrong thanked the Council for providing the education series. She is opposed to the Council signing the agreement that would make the City a business partnership. Jeff Abrams spoke about perceptions, stating that the agreement is not an endorsement, but the perception is that by signing the agreement it would be an endorsement–. Michelle Blank stated that she was opposed to the Council signing the agreement. She felt it was premature and the Council needs the EIS first. She felt this was the wrong agreement, and that the City needed an agreement with robust protection. This Community Agreement sends the wrong message. Alex Braun, speaking for Joseph Fox, stated to reject the agreement. He stated that the agreement would be a contractual realm far outside the Council realm. He stated that the advisory board referenced in the agreement was not subject to open meeting laws and could make the Council personally liable. Mora Goldstien stated that by not signing the agreement it does not exclude the Council from being able to comment. She requested that the Council not sign the agreement. Jamie Laidlaw wondered what the benefit for the City is by signing the agreement, just conversation. She stated that the agreement does not bind Midas and is not subject to open meeting laws. Felt it would be a conflict of interest. Julia Welch was opposed to the Council signing the agreement. She stated that the Council has the option of maintaining neutrality. Andrew Mentzer stated that he was in favor of the Council signing the agreement. He gave some examples of similar situations of Cities signing similar agreements. Gina Chanman stated she was in favor of the Council signing the agreement. She feels the city needs to be part of the conversation and waiting does not make sense to her. Fred Corielle stated that even though the agreement is not part of the NEPA process, it would have an impact on the process. He was opposed to the Council signing the agreement. He expressed concern with the money involved and encouraged the Council to have a separate MOU. He stated that this agreement is to be used to bolster their investors and feels the agreement has undue influence. Jessica Newell asked that the Council solve our current issues before taking on a new issue. She is concerned how the influx of the mine would have on the hospital and other services. She is opposed to the Council signing the agreement. Scotty Davenport spoke in favor of the Council signing the agreement to make their voices heard. Olin Balche was opposed to the Council signing the agreement as he feels they should wait until the EIS comes out. MCCALL CITY COUNCIL Page 3 of 8 January 7, 2019 Special Meeting Karen Balche stated that it feels it is bribery on Midas’ part. She is concerned for animal and human life if the mine is allowed to happen. She is opposed to the Council signing the agreement and feels the agreement breaks the treaty with the tribe. Jay Masterson spoke in support of the Community Agreement, stating that it would be a robust discussion and impact on the community from a fiduciary responsibility. He stated that Midas has shown that they want to work with the community and felt that the option to do nothing is not an option. Mathew Ganz stated that he was opposed to the Council signing the agreement. Bruce Rankin wondered if there was forward looking information. He feels that what Midas says does not mean much. He is opposed to the Council signing the agreement and feels the agreement would make the City a partner, therefor creating a conflict of interest. Jon Rygh was opposed to the Council signing the agreement, stating a conflict of interest issue. He states that he feels it is against the constitution, and a public trust issue. He stated that another option could be a MOU. Amy Rush questioned the transparency of the intent of Midas and the agreement. She stated that Midas claims they are transparent and would like the public to believe the agreement is for the community; however, she questions their motive. She is opposed to the Council signing the agreement. Melissa Coriell is opposed to the agreement. She is in support of the Nez Perce and expressed concern about the risk associated with the agreement. Connie McClaren expressed concerned that the agreement was tied to so many dollars and stated that if it sounds too good to be true, then it probably is. She was opposed to the Council signing the agreement. Debbie Fereday asked the question - do we have complete information? She encouraged the Council to have complete information prior to signing an agreement. She was opposed to the Council signing the agreement and requested that the Council wait for the EIS. Beth Kochever was opposed to the Council signing the agreement and requested that they wait for the EIS. Tor Anderson stated that Midas is control of the conversation. He was opposed to the Council signing the agreement. Logan Bonnesen shared Karen Tilley’s comments who was opposed to the Council signing the agreement. MCCALL CITY COUNCIL Page 4 of 8 January 7, 2019 Special Meeting Monahan (a Minor) was opposed to the Council signing the agreement. He expressed concern with how the mine would affect the community and environment. Cec Tyler spoke in favor of the agreement. Stating that the regulatory agencies will make the decision of the mine. Terry Edvalsen states he had experience with mining and found that Midas’ approach is interesting. He stated that the plan presents multiple opportunities for the regulatory agencies to intervene and is pro participation in favor of the Council signing. He feels if they do not sign, they miss an opportunity. Devon Barker-Hicks feels waiting on the EIS to sign the agreement is crucial. He was opposed to the Council signing the agreement prior to the release of the EIS. Lisa Marie Gledowski was opposed to the Council signing the agreement. Sara Jessup stated that issues get a little muddy and was not sure that the EIS really matters. She stated that the issue is whether we want to be part of the committee that looks like we are being paid. If there were no money involved, the agreement could be a good thing. Galen Shaver is opposed to the agreement, feeling it creates a conflict of interest. He stated that with the money on the table it presents a perception of a conflict of interest and bias as well as conflicts with the public trust. He feels it is bribery and will be seen as endorsement. Mary Thrurogh was opposed to the Council signing the agreement and feels it is premature and a conflict of interest. Gail Rankin, a physician, was opposed to the Council signing the agreement. She expressed concerns of the environmental issues that will affect people’s health if the mine is permitted. Dave Robi visited the mine in an effort to get informed. He stated that it was difficult to separate the mine operations from the Community Agreement. He feels that Midas has contributed greatly to the community and requests that the City remain neutral and not sign the agreement. Neil Baker asked what the urgency is to sign the agreement. Does it mean no seat at the table or communication with Midas in the future? He feels like Midas is using bully tactics and is opposed to the Council signing the agreement. Jesse Lutz expressed concerns about the Community Agreement, stating that the agreement negates tribal involvement and creates conflict of risk. The Council already have a seat at the table as City Leaders and requested that the Council not make a decision tonight. Laura Bechdel stated that there was large opposition to the agreement. She disagreed with the statement that by signing the agreement it is not a statement of approval of the project. She feels that by signing the agreement, the Council would be showing support of the project. MCCALL CITY COUNCIL Page 5 of 8 January 7, 2019 Special Meeting Charles Ray stated that the agreement represents a long-term business agreement with Midas and feels it is a clear conflict of interest and a public trust obligation. He stated that if the Council votes yes to sign the agreement, it will be impossible to avoid public perception of support for the mine. By signing would create a conflict of interest and be a violation of public trust; therefor, he was opposed to the Council signing the agreement. Bill Sifford stated that in the beginning he was neutral and is now totally opposed to the Council signing the agreement. Gene Tyler expressed support of the Community Agreement. Cheyanne Petri stated that she was surprised that this is even a discussion. She is opposed to the agreement. She encouraged the Council to show that we do not support the mine and is opposed to the Council signing the agreement. Molly Alene was opposed to the Council signing the agreement. She stated that the Council had a duty to remain in control. Sasha Jackson was opposed to the Council signing the agreement. She feels that it is too soon prior to the EIS and was concerned with the time sensitivity. Steve jones expressed concern that we would not have a seat at the table and feels more power not at the table. He was opposed to the Council signing the agreement. Sherry Maupin wanted to give a brief history of how the agreement came about stating that it was not Midas driven, it was started with members of the community. She stated that she spent 18 months formulating the agreement with other leaders of the community. She stated that the Americas Best Community group formulated the agreement for the community and was not driven by Midas. She stated that if the mine is not approved the agreement goes away. She was concerned with impact on the community. She was in support of the agreement for the community. Brian Stole took an informal poll of the room of who would be in favor stating 12; against was the majority. He stated that the Council should represent the will of the people and feels that the contract is illegal. He was opposed to the Council signing the agreement. Dave Ogden was concerned with the effects of the mine. Jim Griffith was opposed to the agreement. Diane Penny was concerned that the agreement was not necessary. She felt that there is nothing binding future owners of the mine to the agreement. Anne LaBelle spoke about the people that would be dealing with in the agreement. She stated that if the Council was not supportive of the project to put things in writing. She stated several lawyers have reviewed the agreement and it is not in support of the project and there is no time pressure. MCCALL CITY COUNCIL Page 6 of 8 January 7, 2019 Special Meeting Nate stated there were national problems and to remember that water runs downhill. Lynn Lewinski stated that the Community Agreement has been changed and is concerned that those changes are not to help us. Anette Spickard City Manager gave a wrap up to the agreement discussion. She went over the changes from the last draft and reminded the Council that they are not a permitting agency. The agreement is not the vessel to discuss the impacts to the City. She stated that the preliminary agreement has been through legal review. BUSINESS AGENDA AB 19-008 Request to consider either approval or non-approval of entering into a Community Partnership Agreement with Midas Gold Midas Gold, owner of the former Stibnite Gold Mine site, has approached the City with an offer to enter into a Community Benefit Partnership Agreement between the company and other cities and communities in the West Central Mountains that may be impacted by their new mining operation at the site. The company is in the permitting stage of the project with multiple state and federal agencies. It is unknown at this time whether they will receive the permits and what conditions will be associated with those permits to mitigate project impacts. The City of McCall is not a permitting agency for this project, but the City and its impact area are included in the company’s required studies for the federal environmental impact statement (EIS) as they relate to transportation and social/economic impacts. Council and staff have participated in a number of public meetings regarding the proposed agreement and the project in general. Midas Gold has made it clear in many communications with the City that regardless of whether this agreement is signed by the City, the company will work with the City to mitigate direct impacts to the City as a result of the project including but not limited to items such as intersection improvements to accommodate their vehicle traffic along Highway 55. Not all impacts will be known until the draft EIS is published sometime in 2019. The purpose of this special council meeting is to gather a final round of public input on the topic and act on the proposed agreement. A memo from the City Manager was distributed to the Council in their packet discussing the following options: 1. Approve entering into the Community Benefit Partnership Agreement and give direction for appointment of a representative to the Stibnite Mine Advisory Council and a representative to the Stibnite Foundation Board. 2. Do not enter into the agreement and seek to participate on the Stibnite Mine Advisory Council only. 3. Do not enter into the agreement. Council Member Sowers thanked the community for coming out to speak to the Council. He also expressed appreciation of the Midas Gold employees. He stated that the environmental impacts of the mine are huge. He feels it is not the right time. Council Member Holmes stated that she did not feel that it is the right time. MCCALL CITY COUNCIL Page 7 of 8 January 7, 2019 Special Meeting Council Member Giles feels it is important to be at the table. He stated that the City may need a different sort of agreement. He heard that the community and feels the foundation is a conflict of interest. He would like some agreement to have a seat at the table and was concerned that some feel that no seat has a louder voice. He does not agree. He stated that the City should be at the table expressing the issues and focus on the impacts to the City. He encouraged the people to speak with the Forest Service. Council Member Nielsen was concerned that the agreement was not drafted by the communities it affects and it does not represent the voice of the community.He encouraged Midas to communicate with the City of McCall. He does not feel the agreement gives the City any power to hold Midas to anything related to the project. He commented that there was pretty broad opposition to signing the agreement and the numbers have been consistent in opposition. He feels that he should listen to what the community has to say. The issue is not whether they support the mine. He like the idea of an MOU stating that the foundation would be focused on the community organization. He stated that any money received from the foundation is not enough to offset any infrastructure needs, that it is more for community organizations. Mayor Aymon feels communication and conversation is needed and does not feel that being part of a committee to communicate with Midas Gold is needed to have a voice. She stated that she is encouraged that staff has already started with communication with Midas. She also stated that when you ask for public opinion, it would behoove the Council to listen to what the people want. We asked and you responded, and it is our job to listen. She is not in favor of being part of the foundation. Council Member Nielsen suggested another option, to wait for the EIS to develop an alternative agreement. Council Member Sowers stated an alternative agreement would give a voice to the City. Council Member Holmes moved to reconvene after the draft EIS has been received and read, and then draft a proposed MOU with Midas Gold. Council Member Nielsen seconded the motion.In a roll call vote Council Member Holmes,Council Member Nielsen,Mayor Aymon, Council Member Giles, and Council Member Sowers all votes aye and the motion carried. ADJOURNMENT Without further business, Mayor Aymon adjourned the meeting at 9:30 p.m. `,,,`�►►►► Ii►,,,,A,_ ��c-�L�rj'Jk. Alf ATTEST: _ v St�t * .' ie J. • ,#on, ayor . .k • • • I/ 414 BessieJo W. ,ne-r, City Cl./ MCCALL CITY COUNCIL Page 8 of 8 January 7, 2019 Special Meeting