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Home My Public Portal AboutFY2011 Council Notes ROBERT L. &F.LOUISE EVERETT TRUST P.O.Boz 4034 McCall,ID 83638 208-634-7941 �� Q�� November 11,2010 D � NOV 1 5 2010 Mayor pon Bailey City Ha11 216 E. Park St. McCall,ID 83638 �', C;��'p�},��i� Deaz Mayor Bailey: �j�le i� � Re: Code Amendment AB 10-165 CA-09-01 -Lake Frontage Minimum �°� In 1988 we purchased a small lot and cabin on the lake at 2188 Payette Drive. We now own 40 feet of lake frontage and have a permitted dock. We found over the years that there are already enough zoning regulations on smaller lots without adding more. Though we are led to believe that our property and structures are"grandfathered"in,it-seems=to us-that-this-will-not=except-our-place=of residence from-being=considered="-NON- � CONFORMIl�TG'-',because we do not own 60-65 feet of lake frontage. Besides the word"Non- confornung sounding"bad"and"ugly",what else will it mean?What added restrictions will be attached to "Non-Confornling"lots? In an October 28,2010 Star News article,reporting on a meeting between the McCall P&Z and the City of McCa11, it is stated that of the 1131ots on the lake,43 could ask for a split and 70 more could be split into flag lots. We understand that this Code Axnendment is mainly being advocated by the P&Z to stop more docks from being placed on the lake. The P &Z claims 200 more docks could be built under current rules. That figure must be based on the premise that all 70+ 1131ots would be split,which doesn't seem too likely to us. Mayor Bailey,we ask that you City Council members really consider the consequences of passing this Code Amendment. Many people complain of too much government control over our lives. Can you make this limiting of rules and regulations start at the City level? Thank you for listening to us. . �J�/�� r �I2GC�a..�e� Robert L. Everett F. Louise Everett cc: Mischelle Groenevelt Valley County Commissioners � �.�.Q,1 `�1^d- N.�-i.(.t Jvw.�.r.,Q�'h�"�� -r�- �� ,{,�-�� f�l,�, �a�.�/.�e�` B� > From: William F. Nichols To: The Star-News Cc: Don Bailev,aackie Avmon;Laura Scott; Lindlev Kirkoatrick;Marcia Witte;Nic R. Swanson;Kendel Murrant Subject: RE: Possible Open Meeting�olation Date: Monday,June 04,2012 9:22:13 AM To m Your email will be treated by the City of McCall as written notice of an alleged violation as required by Idaho Code 67-2347(7). Since that statute requires the response to the allegation must come from the City Council,this will be scheduled for the agenda at the next regular council meeting on June 14,2012. Bill Nichols Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message. Thank you. William F. Nichols Admitted to practice in Idaho and Oregon WHITE PETERSON, Attorneys at Law 5700 East Franklin, Suite 200 Nampa, Idaho 83687 (208) 466-9272 Fax (208) 466-4405 E-Mail: wfnla�whitepeterson.com From: The Star-News [mailto:starnews@frontier.com] Sent: Thursday, May 31, 2012 12:21 PM To: starnews@frontier.com Cc: William F. Nichols; Don.Bailey@mccall.id.us;jaymon@mccall.id.us; Laura.Scott@mccall.id.us; . Ikirkpatrick@mccall.id.us; mwitte@mccall.id.us; nswanson@mccall.id.us; Kendel Murrant Subject: Possible Open Meeting Violation May 31, 2012 To: Members of the McCall City Council, City Manager and City Attorney From: Tom Grote, The Star-News Re: Possible Open Meeting Violation Good Day! It has come.to may attention that the council-riiay have violated the Idaho Operi Meeting Law during its-executive session on personnel held on May 24, 2U12. I have been told that during the session, general discussion was held on the procedure and specifications for hiring a new city manager. This would be violation of the following statute: 67-2345.Executive sessions-When authorized. (1) (a) To corisider hiring a public officer, employee, staff inember or individual agent, whereiri the respective qualities of individuals are to be evaluated in order to fill a particular vacancy_or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general. Please let me know if you wish to "self-recognize" a violation as provided for by IC 67-2347 (7) and provide the appropriate "cure" as outlined by statute. I have attached a copy of the Attorney General's Open Meeting Law Handbook for your reference. Relevant pages are Page 29,Page 32 and Page 41. Thank you. - Tom G. Tom Grote, Editor and Publisher The Star-News 1000 First St. McCall, ID 83638 (208}634-2123 starnews(a�.frontier.com � v�ww mccallstarnews com � ,�i ,^� , � �Y � N ' � �,�� ^ - �� , �� ,. � � � i , �, 5 ��. J � , �:� � � ,;� u'a r�` u �, � �� ,1 r sz ' �pd,i� ,�" r` ,� nrV � , ,!� Y `�` ` � 1 ,�4��, �� • �j�1 _ � � L tt �� ;� y V�' , h� �,,, �� `�� ,�� u`� \L\ �`' �•'v �Lt, �� `� ll � � �� f� �+� >`�u`� � � � �.' �k-'� � \'� \�v �;� ��, A � \i�r �-' �� McCALL CITY COUNCIL 216 East Park Street AGENDA BILL McCall, Idaho 83638 Number AB12-109 Meeting Date June 14, 2012 AGENDA ITEM INFORMATION SUBJECT: Departnte�rt Approvals Initials Originator or Su orter ,Sta�News Allegc�tion of Open Meeting Lnw Mayor/Council VlOIQtlOPI City Manager Clerk Originator Treasurer Community Development Police De arhnent Public Works Golf Course COST IMPACT.• n/a Parks and Recreation FUNDIlO�G n/a Airport SOURCE: Library TIMELINE: June 14,2012 Information Systems Grant Coordinator SUMMARYSTATEMENT: The Stax News has given the City written notice that it believes the Council may have violated Idaho's open meeting law when the Council held an executive session on May 24, 2012 pursuant to Idaho Code , ! 67-2345(1)(b) to discuss personnel. Idaho Code 67-2347(7) requires the Council to respond to the ��' allegation within fourteen (14) days. The purpose of this agenda item is to discuss whether the Council believes that the alleged violation occurred, self report and "cure" the violation; or determine that no violation occurred and respond accordingly. Staff and the City Attorney will assist the Council in drafting a response that complies with the statute. RECOMMENDED ACTION: Direct staff to work with the City Attorney to send a written response to the Star News with a copy to Matt Williams. , RECORD OF COUNCIL t�CTION MEETING DATE ACTION � � (�1 � � � � I_ .� � � � � .u� � � � - I� � �' �� `' � � , . r � � , � � , � � � � � � � � � CITY PROSECUTING AGREEMENT This agreement is made between the City of McCall ("City") and Williams Law, P.L.L.C., also referred to herein as"City Prosecutor". WHEREAS, the City is a municipal corporation duly organized and existing under the general laws of the State of Idaho, and; WHEREAS, Williams Law, P.L.L.C., is a law firm in Cascade, Idaho, with experience prosecuting crimes under the laws of the State of Idaho and the City of McCall, and WHEREAS, the City has created the McCall Police Department employing City � employees and the Valley County Prosecuting Attorney has no statutory duties to � prosecute infractions or misdemeanors whera the arresting o�cer is a McCall Police � Officer and the City of McCall seeks to have said infractions and crimes prosecuted; NOV11 THEREFORE, in consideration of fhe mutual promises contained herein, the parties agree as follows: LEGAL SERVICE TO BE PROVIDED: The City agrees Wil(iams Law, P.L.L.C., will represent the City as described herein, and that the attorneys Matthew C. Williams and/or Garol A. Brockmann will serve under the title of"City Prosecutors" as criminal `i prosecutors for the City of McCall and will.provide the following services: 1. Legal representation of the City on all City of McCall misdemeanor criminal matters and infractions initiated by officers of the McCall Police Department including, but not limited to preparing for and appearing in court at all arraignments, pretriai and motion hearings; assisting McCall Police Officers with search warrants; responding to crime scenes when necessary; prosecuting court and jury trials and app.eals to the District Court; and processing discovery to defense attorneys and pro se defendants. It is presumed in court appearances will average between 4 to 6 days a month, depending on the hearing and trial dates. 2. Legal research and legal consultations with the City of McCall Police Department; specifically, Williams and Brockmann shall be available to answer officer questions on a reasonable basis and, upon request, will provide training on statutory, constitutional; or case law issues to the McCall Police Department at a mutually : agreeable time and place. The class training time shall not be more than two hours per quarter, however individual questions throughout the quarter by officers or administration do not count toward the finro hours class time. 3. Review of;and consultation with, the Police Department upon request of an officer, public records requests submitted to the City involving the McCall Police Department, and preparation of responses to the same. City Prosecution Agreement—Page 1 4. Quarterly reports to the Chief of Police and/or the City Manager at the request:of either. This report shal! identify the disposition of ail cases forwarded or referred to Williams Law, P.L.L.C. by the McCall Police Department. 5. On call access 24 hours a day via telephone to answer legal questions posed by members of the McCall Police Department. 6. Noti�cation of the Chief of Police and/or the City Manager of.any recurring concerns relating to the perFormance of inembers of the McCall Police : Department which impact the ability to successfutly prosecute cases presented. COMPENSATION. (n exchange for.performing the services described herein, Williams Law, P.L.L.C: shall receive the sum of$48,000 annually. Said sum shall be payable at the rate of$4,000 per month and shall be paid to Williams Law P.L.L.C. following the next.McGall City Council meeting after receipt of a bill for senrices rendered. Williams Law P.L.L.C: shall not re.ceive additional compensation for customary expenses associated with.the provision of services hereunder, such as travel mileage, supplies; long distance phone calls, support staff; legal research materials or electronic legal research, or other general expenses incurred by Williams Law, P:L.L.C. andLor Williams or Brockmann; provided.however that Williams Law P.L.L.C. may submit additional expenses associated with the prosecution of affenses including certified_copies of.criminal investigations, driver's packets; special projects, or cases including expert witness expenses as agreed upon between Williams.Law, P.L.L:C. and the City. Request for tfie approval of said expenses not covered under this contract will be submitted to the City for approval prior to incurring expenses. TERM. The term of this Agreemenf shall begin on January.1, 2012,,and „ shall continue until December.31, 2012 or unless terminated as provided hereinafter. This agreement can be extended for the calendar year of 2013, under the same terms and conditions, upon confirmation of both parties prior to:the expiration of the agreement that they wish to continue wifh said agreement for the next calendar year. TERMINATION. This Agreement may be terminated by either party upon Providing written notice of af least thirty{30) days to the;other party: Notice under this Agreement shaU be effective when actually delivered. If mailed, notice shall be deemed effective (48) hours after mailing registered or certified mail, : postage paid. NO EMPLOYER/EMPLOYEE RELATIONSHIP. The parties.to_this � agreement agree the City Prosecutor shall be considered an independent contractor position and that no benefits; including but not limited to vacation pay, workers',compensation, professional malpractice or personal insurance.of any kind shall be owetl the City Prosecutor. ENTIRE AGREEMENT. This Agreement confains the entire understanding City Prosecution Agreement--Page 2 U �` As to your question about the use of county facilities, if you had a working � relationship with your elected Clerk Archie Banbury there would be no need to ask me � such a question. Since.you do not have a good working relationship with your elected Clerk, I will educate you on this issue. Both the cities of Cascade and McCal! have.?a � fee arrangement with Vailey County for tfie use of the court services and courtrooms: I have never been involved with the. negotiation of these;fee agreements, but I believe it R� is a percentage of the court fees charged in each case. Should you desire records�or � specifics as to what the cities pay, you will have to request those from Clerk Banbury or l� the cities themselves. In short, both Cascade and McCall pay for use of the court U rooms and services. Most of the worK on the prosecution contracts Williams Law, P.L.L.C. holds occurs at 119 Bogie Ln, Cascade, Idaho, or at 114 E. Spring St., Cascade, Idaho, or other locations outside of Valley County buildings. At times either I, or other attorneys paid by Williams Law, P.L,L.C. will meet with victims, defendants, or officers in #he conference rooms outside of the courtrooms. .This is standard practice for just about every attorney who attends hearings in Valley County. Shou(d you seek to charge Williams Law, P.L.L.C. for the occasional use of those rooms, you will have to begin charging nearly every private attorney who appears in court rn Valley County, as.well as many of the individuals coming to court representing themselves in small claims cases. Unless you are going to, charge admission at the door to the courtroom, you cannot single out Williams Law, P.L.L.C. for the occasional use of these rooms. , As county commissioners, it seems you often lose sight of the fact tax payers living within:the city limits of Cascade and McCall are also Valley County tax payers. Q}' Williams Law, P.L.L.C. is a fantastic.bargain for the taxpayers of McCall and Cascade. Q� Their police departments receive excellent service for a:reasonable price and have ��' �� access to a level of criminal law experience and expertise unparalleled in small � � departments. Williams Law, P.L.L.C. is performing the services for the City of McCall for � less than the previous vendor charged in 2006: The previous vendor was a Boise � based law firm.sending local taxpayer money to Boise rather than keeping that money in the community with a local firm. Chief Ryan Redmon of the Cascade Police Department contacted some.people to what it would cost to hire a replacement vendor for prosecution services and was told it would cost at least 3 times the amount he was currently being charged; Chief Redmon was also informed the service leve! would be lower than the services the Cascade Police Department was currently receiving. One of the individuals Chief Redmon called simply laughed and said there is no way he [Chief Redmon] could replace the services for anywhere close to what they were paying. There is no question the taxpayers of Valfey County are getting a good deal and their tax dollars_are staying local going to a local firm. Williams Law, P.L_.L.C, contracts witli attorney CaroF A; Brockmann for work she pertorms on some of the cases. Just as with me;her work for Williams Law, P.L.L.C.:is not connected to her employment as a deputy prosecuting attorney and the work is Response to Chairman Cruickshank's January 2012 Letter-- Page 6 V� pertormed on her separate equipment. The terms of the agreernent between Williams _ Law, P.L.L.C. and Mrs. Brockmann are not public record. Chief Deputy Prosecuting Attorney Brockmann is a very dedicated Valley County _ employee and works well over the 40 hours per week average she is required. As her boss I have to constantly remind her of my directive not work over 45 hours without my permission. Ali the attorneys in the Valley County Prosecuting;4ttorneys Office are exempt employees by law and enjoy the luxury of professional scheduling. This means they are not tied to a st�ict 10 hour day as long as they put in 40 hours each week. Even with the recent restrictions I have placed on Mrs, Brockmann, she easily averages above the required 40 hours per week for Valley County and often goes beyond. The Valley County Prosecuting Attorney's Office cannot provide proof Valley County is not absorbing costs because you cannot prove a negative. Valley Counry is not absorbing any costs that I am aware of. As indicated above, the cities of McCall and Cascade already pay for the use of the court services through their agreements. Payment for these services does not involve rne at any level, ..The Valley County Prosecuting Attorney's Office has no records to show Valley Gounty has paid for anything involved with city prosecutions. The Valley County Prosecuting Attorney's Office.has no records the cities haVe paid anything other what the Valley Oounty Clerk may have that sfiows payment for use of the court facilities and services. I do.not believe you have any right or ability to determine whether I have a part time job fot an independent company outside of Valley County government: Further; should you continue to try to intertere with my work for an outside company, I will be forced to seek legal,action against you. The arrogance and retaliation you, and especially Commissioner Moore, have exhibit toward me has created a series of events which prove deliberate and illegal retaliation against me. You°should cease and'desist any further attempts to intertere with my relationship with 1lUilliams Law, P.L.L:C;, and Williams Law, P.L.L.C.'s relationships with the City of Cascade and the City of McCall. Further:interference or attempted interference with a private company's private contracts may result.in liability to.Valley County. You_sent.your letter to me in my official capacity, and I have answered you back in my official capacity. Should you request anyfurther information regarding Williams Law, P.L.L.G., you should send your questions to Williams Law, P.L.L.C. at P.O: Box 438, Cascade, Idaho, 83611. Sincerely, � Matthew C. Williams Valley Counry Prosecuting Attorney Response to Chai�inan Cruickshank's January 2012 Letter--Page 7 v � � �� and I sat down and added up.our time,:Valley County was getting,the time of 3 attorneys - between the hours the two of us were working for Valley County. I determined then the board would do nothing about our staffing as long as we continued to work those hours. Rather than allow you as a board to abuse my staff, I made some changes witfiin my office. I ordered Carol Brockmann to reduce her hours and she is not to work more:than: 45 hours:a week without my perm'ission. `1 To say that I have only recently brought this issue up to you is_yet another blatant=1 lie.;,l would have gladly discussed my staffing concerns with you this year, but you ignored the Clerk's suggested budget timeline and gave me no opportunity to express my staffing concerns prior to your final determination on the budget. The board was more concerned with trying to make a political point and justify a big raise than you were in what the actual staffing needs might be in my office. When other attorneys, especially civil attorneys, see the logistics of how my office operates, they are astounded that I draft all the paperwork that I do. They are surprised that f do not have a staff member to do the drafting of the mundane paperwork for me. This is especially true.on civil cases as my support staff has zero training to handle civil issues. The attorneys in the VCPA draft nearly all of the paperwork outside of criminal discovery responses, criminal complaints, and probation violations. __ 1'he board should know civil cases take a lot of time, as you have authorized:the � ', payment of approximately$300,000 for an:outside law firm to handle two (2) cases. Civil cases are time consuming even when you liarie trained staff to assist on those types of cases. The support staff in the Valley County Prosecuting Attorney's Office.is not trained to handle civil cases. Even if rny staff was trained to handle civil matters, � they do not have the time fo take on the added workload civil cases generate. As:l indicated before;_it is unbelievable.you would expect my office to take.:on $300,000 plus worth of civil work without any increase in my staffing: Your; and especially Commissioner Moore's, completely unrealistic�budgetary'views are seriously � flawed. Poor decision making concerning budgetary issues have become.the calling b � card for this board. As a result, I am being#old�that you:as a 6oard are holding up.the v � nA�' Sheriff's Office purchase of vehicles because you are now concerned, about whether '�" �f y'- " there:will be enough money to:cover the time period betweeri October 201�2 and mid �,�C � .January 2'013. It is�'a shame you did not listen..to me and others who warned you of:t�he �,� conse,quences of your deep=budget cuts this lasf summer. Those warnings would have �' � '� been recorded had a member of the board not instructed Clerk Archie Banbu to leave ,- '�( � the recorder off during the budget correction hearing. I personally warned you no less h��''� �� than three times at the budget correction hearing that you were cutting the budget too �( tight and were putting Valley County's financial well being at risk. � Even if the Valley County Prosecuting Attarney's.Office had the sfaffing, my office woufd not be able to handle the board's civll issues at this time because of the pending Response to Chairman Cruickshank's January 201:2 Letter-- Page 4 . � �� U tort claim. :Commissioner Cruickshank was physically present in the courtroom when Judge McLaughlin_agreed with me that there is a conflict between my office and:th"'e board due to the board's aotions and my tort claim against Valley County for those actions. This conflict is real and must be resolved before the Valley County Prosecut'ing Attomey's Office can represent Valley County on civil issues. As to the contracts for prosecution,`the Ciry of Cascade and the City of McCall both�contract:for their,prosecution services with Wil(iams Law, P.L.L.C., which is�a � business.entity.registered with the State of Idaho since 2008! As you may be aware, professional limited liability companies are in fact their own entities and are distinct fro'm ��"� � any person. Since Williams Law, P.L.L.C::is not subject to any disclosure requirements, J A� you will have to ask the cities involved for any copies.of_the contracts. I believe the. n ��, r contracts would in fact be public records should you request such records,firom them. I l� personally hold no contracts for prosecution and hold no contracts on behalf of the � Valley County Prosecuting Attorney's Office. Neither myself.or the Valley County � Prosecuting Attorney's Office is in.any negotiations with any municipality to contract for prosecution services. Your assumption that any prosecution services I provide for the cities is related to my elected office is misplaced and inaccurate: I personally began a relationship with the City of Cascade in March of 2001, long before I'was ever elected as prosecuting � �\: attorney, !n fact, 1 continued to prosecute#or the Gity of Gascade virhile I was , p contracting with Valley County to pertorm public defender services fram October:2002 until August 2004:-My providing of prosecution services did notcease.once my employment with the Valley County Prosecuting Attorney's office ended in February 2001. If i were to resign my position today as the Valley County Prosecuting Attorney, �Q, or if I were to lose an election and°no longer hold office as the Valley County ff' Prosecuting Attorney, .the Vllilliams Law, P.L.L,C, contracts with the cities of McCall and � �/ Cascade would remain intact. Those contracts are in no way related to my election or hoiding of office as Valley County Prosecuting Attorney and are not handled through the `'� Valley County Frosecuting Attorney's Office: They are-handled 6y Williams Law; P.L.L:C., a private and distinct entity. Williams Law, P.L.L.C. is a fully functioning law office and handles a wide variety of cases. Williams Law has its own website, email;fax, phones, comp:uters, scanner.s; _ software, prinfers, business cards, and other business eguipment necessaryto function as a law office. There have been many times; due primarily to Valley County's aversion to spendi'ng money to keep up on current technology and equipment, Williams Law, P.L.L.C. equipment has been used to help out on Valley County cases: Williams Law, R.L.L.C. has allowed the use of its equipment on a limited bases in order to:better serve the citizens of Valley County. Williams Law;:P:L.L.C.:tloes nof contract with any support staff of the Valley County Prosecuting Attorney's Office for. any work necessary.to _ accomplish the requirements.of.the contract. Response to Chalrman�Cruickshank's January 2�12 Letter--Page 5 , � � �V�flfl�� (�� I�� f c��un�y �o�m��goner� �—��.. n.b. Box 1350 � 219 N. 1VIain Street _ o�`�•... Phone 208-382=7100 ;ascade,Idaho 83611-1350 �� `.f�"x�•.; � Fax 20$-382-:7107 ' ` .'., .,+.. u��' ,R, GORDON L.CRUICKSHANK \l ��;} �.� �� RAY MOOT2E CJtl71)'1)tA11 O lhe.Board .�``�'t,� �'�� '� , Coininissioner �c�•tr'icksha�,knae.co.valleuidus �� rntoa•ecr,co.val/e�.ii d.irs G�RALD��TERRY��WINKLE �� n� ARQHIE N.$ANBURY Coinnrissione�• L� �Ierk ,l i�irr/de cr co.v61(eu irl.us D nba�tb:ux�n co.vnllet�.id.iis �ur� � � zo�z Mayor pon Bailey June 18,2012 City of McCall 216 East Park Street Mc�all, Idaho 83638 Dear Mayor Bailey and Council Members, It is ot�r t�nderstanding that Mart Wzlliams,the Valley County Prosecuting Attorney, is currently in a contractual�elationship with your city to provide misdem�anor and infraction prosecution. It is further our understanding that this is a private contract with the prosecutor;.as oppased to one with the county. Since Idaho Code § 31-31 l� contemplates the unanimous approval��the Cotinty commissioners before a parosecuting attorr�ey may enter into a contract wif`h a city,we� began by looking for a record of such approval by prior board`s, Our research has turned up little information. We have found no commissiorier resolution, and only limited minute records of discussion on the subject. Those records t`hat we have found go baek several years. We can recall no discussion with Mr:Williams on the subject since the current Board has been in office, rior are'we aware of beirig showri any documents.pertaining to how, or everi if,the county is reimbursed�or use of�ounty resources and persorinel to service the contract; � � � We suspect that there lias been a rather loose arrar�gement between Mr:'Williams and prior � � commissioners in.the.past an tliis 5ubject. We have no reason to think th:at the cities coritracted � ,� with have not received appropriate service. What we.are unclear about is whether or not this is ��N the besf anangemen�for county taxpayers. ✓� With that in xnind,we wrote to the prosecutor in February of 2012 requ�sting informatiori, The information we requested seemed both responsible and pertinent to the inquiry. We did not believe fhat providing the information would be onerous to Mr. Williams, Ariiong the information we sought was a copy o��he current contract wit��ach municipality,the current termination date for eaeh contract, arrangements made with any county deputy prosecutor as to assistance in tlie serviaing of the contracts, �nd hours a week dev.oted.to � � �h�, " �� 1" ^ ,� � servicing the contiacts. We requested time-keeping records,information regarding ��U'' l,,V admiriistrative, clerical arid victim seivice�vork on b�ehalf of the cities, and whetlier county ,�� employees provided those services: What we got back fro.m Mr. Williams was pages of accusation, abusive language,implied threats, and scorn. A copy of the corzespondence is enclosed with this letter. Need�ess to say,no � documents of any lcincl were produced,not even copies of the current contracts. Based on the obshuctive response from�VIr. Williams,we have no confidence that the county is � well served by the possible utilization of county resources to service�ity contracts. Whaf we can state is that neither IVIr. WiYliams nor the city approached us to discuss the mandatoiy terms.of§-, 31-3113 prior to entering into the contract. The current state of affairs is untenable. While we have no wish to create harclship,we cannot allow ourselves to be buffaloed into ignoring fhe matter. By this letter we inust place the city on � notice that to the extent that our not raising the issue witfi the city can�be argued to be approval ,`�,J by acquiescence under th�statute,that approval will be withdr�wn thirty days from the date of �;� �,� 1 .this letter. If du�tliat tirne period fhe cit�T can provide answers to our.concerns e i�vill agree � U �U'� to negotiate a contract between the city and the counTy regarding the prosecutor's services. If ��,,�1 1 Q�^ � after thirty days from the date of this letter I1�Tr. Williams or any coun.ty deputy prosecutor� d'' nr` � � appears on behalf of the city in any misdemeanor pr infractiori irivolving the city,the courity will � be forced to�eelc injunctive relief from the district court: � �" � We do not malce this decision lightly. It is unfortunate that Mr. Williams has chosen to place us in this position. If he had come to us at the time the contract was formed, it is.probable that there would lie no need for this letter. His failure to do so, and his subsequent behavior,has forced us to talce action. Sincerely, ��t��%j c�l, ��2�� Gordon L. �ruicicshank Chairman,Valley Courity Comrriissioners � _ Valley Cou��y �oa�d of County Comrny�sioners _�'.O. Box 1350 �219 N.Main Street �a�'`� Phone 208-382-7100 `'��f`� � Fax 203-332-7107 Cascade, Idaho 83611-1350 � �>��;:- •:.�::�; � �i � t . ...•,.• R��v i�'looiiL GORDO\L.CRU[CKSHANK �k;F •' Chcrirmun qf lhe Bourt! .��1 + �o Conunissrwrer �a•uickshank(cilca.i�alle:i� cl.us �1 � �/ rmuorc�i�cu.>>ullc�r.id.u�• �'iERALD��JEItRl'�� VI\KLE l�RCtIIL•'�. �A\BURI" Cvnrnrissioner C!c•rk .(1Vf 11I'IL'�LCv.va!!ei!id.trs rrbcu�btrn�!'iuru.ru!!c r.irl.�r.�• Matt Williams � January 19, 2012 Valley County Prosecuting Attorney P,0. Box 1350 Cascade, Idaho 83611 `� . J✓ � - Dear Prosecuting Attorney Matt Williams, � It is our understanding that you are currently in a contractual relationship with one.or more�, -- municipalities within Valley County to provide misdemeanor and infraction prosecution. It is further our understanding that these are private contracts, as opposed to one with the county, Tfie recent arrest of John Bujak for two counts of Grand Theft for alleged misappropriation of county funds and the attendant scrutiny by the media regarding private contracts with prosecuting attorneys,the pending Idaho Supreme Court case where Canyon County is.being sued for failure to p�oduce records in the hands of the prosecuting attorney handling city rnisdemeanors,your recent public statements about� how overwor.l<ed you and your staff'are, your recent request for additiorial staffing, and a recent newspaper article on the sub}ect.have caused us to make inquiry as to the status of your handling of city - misdemeanor prosecutions. Since fdaho Code§31-3113 contemplates the unanimous approval of the county cornmissioners before a prosecuting attorney may enter into a contract with a city,we began by looking for a record of such approval by p�ior boards. Our research has turned up little information. We have found no commissioner resolution, and only limited minute records of discussion on the subject. Those records that we have found go back several years. We can recall no discussion with you on the subject since the current Board has been in office, nor are we aware of being shown any documents pertaining to how,or even if,the county is reimbutsed for use of county resources and personnel to service the contract, We suspect that there has been a rather.loose arrangement between you and prior commissioners in the past on this subject and do not seek to find fault. We have no reason to think that the cities you have contracted with have not Feceived appropriate service. What we are unclear about is whether or not this is a good bargain for�the county.taxpayers. That being the case,we ask that you cooperate with our inquiry by responding in writing to our requests for information as soon as is practical. �' ; � First,will you provide us with a copy of the current contract with each municipality you have a contractual relationship with to perform prosecutorial services? What is the current termination date for each contract? Are you in discussion with any municipality to renew one or more contract? . What arrangements have you made with any county deputy prosecutor as to assistance in the servicing of the contract,and what arrangements have been made regarding compensation? Are those arrangements in writing,and if so will you provide us with a copy of them? How many hours a week do you and your deputies or staff devote to servicing the contracts? Are time- keeping records maintained, and if so will you provide us with copies for FY 2010 and 2011? During those years, has there been any money paid to the county to offset the salaries of either you or your deputies? If so,can you provide us with records of such? Who performs the administrative,clerical and victim service work on behalf of the cities? If it is a county employee,what arrangements have been made regarding time-keeping and compensation,and are they in writing? If so, can you provide us with records of those arrangements and any reimbursement to the county for the services of this person? How have in�iderital prosecutorial costs,such as travel and expert witness fees been paid? What records exist to assure us that the county has not been absorbing such costs? Can you provide them to us? Are county resources(such as supplies or equipment,computers and telephone)used to service the contract? W:hat records exist to show that the cities pay for such resources? Can you provide them? Is an office separate from the county used,or are county facilities used? Isthe county being reimbursed for the use of its physical facilities? Has there been past reimbursement to the county under prior contracts? If so,when did that status change and how did that come about? We hope you agree that these questions are both reasonable and responsible. We hope that this will give us the information we need to begin our discussion about future decision making. Thanlc you, . � � o � �/�J . .—'c>��1 �-h' �j,�c�v.�"��✓Y� Gordon L Cruickshank Chairman,Valley County Commissioners • • Hand Delivered to the Valley County Prosecutor's office � � � � ` � , Case 1:01-cv-00629-BLW Document 268 Filed 03/31/2005 Page 2 of 9 . , Case 1:01-cv-00629-BLW Document 268 Filed 03/31/2005 Page 3 of 9 �.the�conhacCdeadlines. Wausau•elected�to complete the_work.and-hired•Intenves�Bupply Iric:, ANALXSIS d-�.____�.�---�`7 �--� —_ --��- �one of St:•Glair•contractors to-complete the Qroject� 1. Staudard of Review-Motiou�f� o N v T al �Indune of 2001;the City and-Wausau�disagreed�overwhether the projedt�vvas�, To prevail on its motion,the City must show that"the vendict is con4ary to the cleaz ,�—_ —__ -----� splistantially'completa.The Cify felt mora-work was•necessary;tvifGfield furthei�p�m�en�; and. weight of the evidence,or is based upon evidence which is false,or to prevent,in the sound fiited Co�'� nuactocs�+lorthWest tn eomplete the.pinjec�^t.=: discretion of tHe trial court,a miscarriage of jusuca:'.Silver Sage Pm�rners Ltd v.City of . f� ��7 Wausau sued the City ro obtain payment,sued St.Clair under the indemniry ageement, Desert Hot Springs,251 F3d 814,819(9'"Cir.2001).A district wurt cnay not gant a new hial �` _ ��= ��and sued Interwest for indemnity against the City's complaint that Wausau did not comptete the simply because it would have aaived at a different verdicG Id.An excessive verdict is one that i y �--- contract, Sk Clair sued the Ciry for payment..The City counterclaimed agaiast Wausau and St. is"grossly excessive or monstrousl' See Hemmings u Tidyman's Inc.,285 F3d 1174,1192 ;�_`�c�a�r. (9�n cu.zooz�. -..-- �_�� :�At th nclu`sion'of aj�sy trial,tha jury•awarded`Wa s u and St.Clair,^�4,955,096,'-' Tury instructions arc caviewed under the harmless error standard. Kennedy v Southern ' fmding tliafthe�City�hud�cotnmitted a mutecisl6reaek.'o"f ihe con�• atin�St•Clair.. . . � Ca[ifornia Edison Co.,268 F.3d 763,770(9ih Cir.2001):"An eaor in inslructing the jury in e , Of that amount,the jtiry found that-$1;629;03�Htuted recnvecyforS�C-lair's"Business , civil case requires revecsal unless the eaor is more probably than not hermless:'Id T'his Devastatiod'claim. This cleim was wmprised of just over$1 million for the devafuation of the . review is"less shingent"than ceview for harmless eaor in a criminul cese,but`Snore stringenY' _ _ company resulting from the termination,aad just over$500,000 for lost profits on public works than ieview for sufficiency of the evidence.!d In harmless eaor review,unlflce sutTciency of e.r------•,----�—----�---------, �projeots forgone due to St.Cln�ir'.s�inabifity:tn.getbonding.due to the tennination. Finally,the • � the evidence ceview,the"pravailing party is not endUed to have'disputed factuel issues resolved j found,thatSt.-Clair-was-Iiable.toyVausttu For 6reaching the indemnity-agceement=in.ihasum� . " in his favar because the jury's verdict may have resulted&om a misapprehension'of law rather .� `of$2,241,297. On the.basis of-this.vcrdict,.the paKies agreed that Wausau would be liablg:to._,. . than from factual detemunations in favor of the prevailiug parry."Id � �} `Intor{vest'foi$166,308.-72:� 2. iVliscarriageofJustice-MutionforNewTrial - --'+s The City has moved for a new trial or in the altemative for remittitur. There are also The'City ar�ues that the vezdict�vas a miscaaia¢e:o£.iustica because_`St�Clair_faileddo' motions for attomey fees and to reyiew cost awards. Tha Court will consider each motion � � su6standally complete the,project.as_cequired by_the:GontracY �ocD uments and yet St Clair and _______�� below,starting with the Ciry's motion for new triaL � Wausnu were still aw e'd nearly'five million dollars focYheir Cailure to perfa�orm"See Ciry . �� BrieJat p.6.Tha City asserts that any obstacles St.Clnir encountered that were outside its . � • . lYfemorandum Decision-page 2 C . Memorondum Decision-pnge 3 . 1 , , Case 1:01-cv-00629-BLW Document 268 Filed 03/31/2005 Page 4 of 9 , Case 1:01-cv-00629-BLW Document 268 Filed 0 3131/2 0 0 5 Page 5 of 9 conuol could have been handled pursuant to the contract provisions but those provisions were The Court can find no e:ror here. never followed by St.Clair. -� e City takes issya�vith,the instruc4on explai_ ning tha diffexence between substanGal There wac substantia'l ev� ence %St_Claitneeded.more time and�money to�complete---Y �perfortn�"ance and s'u stantial com l�etiod The City'argueslhaitfie instructio��a1�Y — -�r�V-_--�--,, , ��the�saj�ct3ue to unanucipated'olistaeles:such;as hhtiriedaump sites:and.inclemenisveatfier. - i d'uected'the jury ta loo"k only at suUstanfla'I perfrnmanca,without reaatd to whether.the �Tlie contrecFegntained�provisionsproviding-for exha payme�s and extensions.of dme Whila . ..contracrorsubstantiall comploted the conti�act"=See City Brief at p.8. the contract required St Clair to take certain steps to obtain those extra payments and time A central issue in this case was whether the City terminated St.Clair without giving it extensions,there was also substantisl evidence th8 ose requicements wera'in�snme.instanees .`.�' sufficient time to-substantially eomptete the pcoject. St.Clair alleged the effirmative defanse of imadified`�t6e City's course.of condu'cf^and in�other�n�+�n�Ps'substanda(ly_comptied�vith•by impossibility and presented-evidence�tha unforseen e_v_ents ma.d.e su6stantielsamgletion .St�Clau. Uniiec thcse circumstances,.the.Cqtut.cannntfind that•tha;jury-verdict�was.againstthe . impossi6lC� �.clear�vei" t of the evi_dence,ur_wns:a miscarriaga.o£justice. Instructing tha jury that St.Clair 6ad a duty to substantially completa the project would 3. Jury Iostructions—Motion for New Trial . ' ' ' ', essenGally have the effect af�ancing a directed verdict against St.Clair on its defense of. The�City atguas at us u w ofe�lie�'�ry]`it�sttiretian�iefeired'fha� e cotE=`�'�ntract''�^i impossibility.11�atw„�on1 Ve been ecroc since ece was su�sta`atiai•evidenca supporting S£`�� ✓ • {'documents were unimportant and did nat need,�ba strictly followed.'-See Ciry Brief at p.8. Clsir_s d"eYe�. Teking info account both the requirement of substan6al completion and the The Court disagrees. Tha central issue in the casa was whether the City or St.Clsir/Wausau � defense of impossibility,the Court iushucted the jury to determine if the City's Project had committed a material breach of the contract '�he inshvctiona discussed and defined tha Engineer"was reasonable in deciding whether St Clair had substantially completed the' � • term"material breach"elong with vazious aftianative defenses that would excuse strict' project"See Instruction No.3(a). The Court also defined the elements St.Clair had to prove . performance of conhact cequirements. . � to establish the aYfirniative defense of impossibility.See Instruction No.5. The Court can Snd Indeed,the jury insOructions did more than infer that the conhact"did not need to ba no error here. shicHy followed"—they expressly allowed such deviation,but only in the context of St.Clair's tTheh�_Cityfargues.thatS$einsttveHons.otlianpossihility_was.impruperbecause�there•were� affirmative defenses. The jury was instructed on St.Clair's affumative defenses of waiver, ;�no un orseen.events of su�'o�ma'gnitude tfiat they wou excuse perfocrii¢nce;6nd that'ev`en if estoppel,and impossibiliry,and told that Sk Clair had the burden of proving the required isue}ceverits oocurred,St.Clair£ailed to follow aontractual ceguirements in seeking payment f 6 _ elements for those defenses. These inshuctions followed the law as to each of these defenses. fsuch�eve,nts.r ere was,substantial avidenco.,hawaver,uof unforseen obshcles that.delayed St. �..✓ Memoraudum Decision—page 4 A4emorandum Decision—page 5 . . . --� -- � .�' ,, .� FY12 LOCAL OPTIOIV TAX FUIVDING RECOMMENDATIONS OPTION A Application Amount Recommended Number APP��cant Name-Project Description Requested Amount Priority 12-15 McCall Arts&Humanities -Smithsonian Exhibit $3,700 $2,500 1 12-19 McCall Senior Citizens-Kitchen Equipment $2,350 $1,500 2 12-22 McCall Chamber of Commerce -Winter Carnival Fireworks $8,000 $8,000 3 12-14 Payette LakesSki Club -Trail Maintenance $15,000 $7,500 4 12-06 McCall Area Snowmobile Club -Trail Grooming $35,200 $30,000 5 12-20 McCall Ski Racing Team -Intermountain Championships $2,630 $1,000 6 12-11 McCall Golf Course -Fair-way•Mower � ,,-.�c: I�IG�� . $19,000 $19,000 7 j 12-21 � McCall Chamber of Commerce-4th of July Fireworks $13,000 13 000- 8 12- 8 Manchester Ice&Event Centre -Maintenance&Repairs $59,385 $20,000 9 2-12 Central Idaho Historical Museum -Log Repairs to Fire Warden House $2,500 $2,500 10 12-04 McPaws -Spay&Neuter Program $20,000 12,00 11 2-16 McCall Area Nordic Pass/Payette Lakes Ski Club -Marketing Brochure $2,000 $2,000 12 � 12-23 McCall Chamber of Commerce-ITC Grant Match $15,000 $15,000 13 12-05 McCall Library -Shelving $20,000 $10,000 14 12-13 TreasureValleyTransit -Operational Expenses �.% � $45,000 0,00 15 12-27 Centennial $10,000 $10,000 16 12-03 McCall Golf Course -Material Handler/Top Dresser $17,000 $17,000 17 12-01 Alpine Playhouse -Window Treatment $5,500 $5,500 18 12-31 McCall Parks&Recreation-Brown Pathway $20,000 $20,000 19 12-29 McCall Parks&Recreation-Fairway Restroom c�� $20,000 11 000 20 TOTAL FY12 LOT FUNDING REQUESTED/RECOMMENDED $331,565 $227,500 CONTINGENT FUNDING 12-29 McCall Parks&Recreation-Fairway Restroom $20,000 $9,000 12-13 Treasure Valley Transit -Operational Expenses $45,000 $10,000 12-30 McCall Parks&Recreation-Disk Golf Course ' $3,543 $3,543 12-32 McCall Parks&Recreation-Entrance Sign Lighting �i1��Y0►'��"� �{CC� $4,000 $4,000 12-33 McCall Public Works -Banner Poles and appurtenances $15,000 $15,000 TOTAL FY12 LOT FUIVDING REQUESTED/RECOMMENDED $87,543 $41,543 FY12 LOT REOCMMENDATIONS 6/17/2011 Page 1 of 3 FY12 LOCAL OPTION TAX FUNDIIVG RECOMMENDATIONS OPTIOfV B Application Amount Recommended Number APp��cant Name-Project Description Requested Amount Priority 12-15' McCall Arts& Humanities -Smithsonian Exhibit $3,700 $2,500 1 12-19 McCall Senior Citizens-Kitchen Equipment 1kU1� �'��t w�Kk% L�f�'"�"'P� $2,350 $1,500 ,.�1,42' � 12-22 McCall Chamber of Commerce -Winter Carnival Fireworks $8,000 $8,000 3 ^v � 12-14 Payette Lakes Ski Club -Trail Maintenanc� �1��4 �J� � '��`'z� $15,000 $7,500 4 5�;� 12-06 McCall Area Snowmobile Club -Trail Grooming $35,200 30,0 12-20 McCall Ski Racing Team -Intermountain Championships $2,630 $1,000 6 12-21 McCall Chamber of Commerce-4th of July Fireworks $13,000 13 7 12-08 Manchester Ice& Event Centre -Maintenance &Repairs $59,385 $20;000 8 12-12 Central Idaho Historical Museum -Log Repairs to Fire Warden House $2,500 $2,500 9 12-04 McPaws -Spay& Neuter Program $20,000 $12,000 10 12-16 cCall Area Nordic Pass/Payette Lakes Ski Club -Marketing Brochure $2,000 $2,000 11 12-23 McCall Chamber of Commerce-ITC Grant Match $15,000 $15,000 12 12-05 McCall Library -Shelving $20,000 $10,000 13 12-13 Treasure Valley Transit -Operational Expenses $45,000 20,000� 14 12-27 entennial Park $10,000 $10,000 15 12-03 McCall Golf Course -Ib4aterial-F�aucil�r.�Fe{�-Bresser ,�s�z ' d�'�vc:.)9� $17,000 $17,000 16 12-01 Alpine Playhouse -Window Treatment $5,500 $5,500 17 12-34 McCall Public Works -Downtown Sidewalks $50,000 $50,000 18 TOTAL FY12 LOT FUfVDING REQUESTED/RECOMMENDED $326,265 $227,500 CONTINGENT FUNDING 12-29 McCall Parks&Recreation-Fairway Restroom $20,000 $9,000 12-13 Treasure Valley Transit -Operational Expenses $45,000 $10,000 12-30 McCall Parks&Recreation-Disk Golf Course $3,543 $3,543 12-32 McCall Parks&Recreation-Entrance Sign Lighting $4,000 $4,000 12-33 McCall Public Works -Banner Poles and appurtenances $15,000 $15,000 TOTAL FY12 LOT FUNDING REQUESTED/RECOMMENDED $87,543 $41,543 FY12 LOT REOCMMENDATIONS 6/17/2011 Page 2 of 3 :i : FY12 PROJECTS NOT RECOMMENDED FOR FUNDING Application Amount Applicant Name-Project Description Number Requested 12-02 Idaho Snow Sculpting Championship -Winter Carnival Event $1,000 12-07 Idaho Theater/7 Devils Playwrights- Conference $3,000 12-09 McCall Folklore Society - Portable Stage $2,500 12-10 McCall Golf Course - 1445 Rotary Mower $20,000 12-17 Payette Lakes Community Assoc -Summer Sensations $1,200 12-18 Payette Lakes Community Assoc -After School Program $6,480 12-24 Snowdon Wildlife- Facility Improvements & Promotion $10,000 12-25 McCall Osprey's Hockey- Ice Time $2,000 12-26 McCall Improvement Committee - Pocket Park $9,600 12-28 McCall Parks& Recreation - Brown Gazebo $5,200 � � Total $60,980 Option A 12-34 McCall Public Works -Downtown Sidewalks $50,000 Total $110,980 Option B 12-11 McCall Golf Course -Fairway Mower $19,000 12-31 McCall Parks&Recreation-Brown Pathway $20,000 12-29 McCall Parks&Recreation -Fairway Restroom $11,000 Total $110,980 FY12 LOT REOCMMENDATIONS 6/17/2011 Page 3 of 3 .r � l ! �� ✓W-"' V�4✓�f!l . � 3`�� s / l�` �z� - ��4�L��.�� (� � �� ' not be liable for any consequent damage. Water for high pressure or other steain boilers shall not be drawn directly fi•om the City mains, but shall in all cases be fed into a suitable tank of sufficient capacity to supply needed water,for at least one-half(1/2) day. While water is temporarily shut off from the mains,the hot water faucets of all premises should be kept open,to allow steam to escape from the hot water boilers,and to prevent bursting or collapse of the same. No person shall leave a house empty with the faucets open as above explained. (Ord. 632, 7-28- 93) � , �T';ta�t�`�E:,,,-a,,.ta ., .�� 'a; +a. � ¢ +�, ,�- � a� 9 .,.l,:lo ,. ....l.l;.. ..�..o�s .�llo,. 1,w..1„��.��r_�,.-_�;d�u..11, ....�al.o D..1-.�...`AI.,..1,� .,.,.,..o.-...... ., ...,�, .. t.....,.... ..o..........».> t......o..�...... .� .'.,J s., 'b' "..J _„ ..'..._"._' y_.."r""__ ��"_ "'�_"W Tl ...,.-F.., 9.a.,.....�l,,,e�..FF+L,o....,+o...,F.,...,..or�..,�. n .,iFiF„�li.,�.—Ll�.-.i �Z7 7 '�4 OZl . • JL� / LV / — _1 J ____-_ ___. _ . _ . d l v � . i . � � ' 7 7 ? 7 � 7 ..�..41.0.. .�.4:r�v. ..��oo-�i..ir .-�.�n....�4�.ow s•nnne�wr�_nr-4a�...a 4j.o�..n4u.��.-., o . ..�.,. ... 1.....,....,.........��....�.�' 'b� ' _.._ »'J .,"'_' '..»,,.. -� - -� —�— ---- ------ --- --!'3 'r`-'r=`-- � ' . � n cD ., A . , . RE�TRICTION OF�VATER USE SA)The Council ma�v resolution limit the use of City water to specific times,days and uses. (B)It shall be unlawful to waste City water,or to allow it to be wasted bv imperfect or leakin� stop valves, check-valves,faucets.�ipes,fittings or fixtures or devices of any kind for the utilization and control of water supplv, or allow any faucet or valve to run wholly or partiv open for the prevention of freezing or for anv other reason or to use the��vater for an�purpose other than those upon which his contract is based,or to use water in any wav in violation of the provisions of this Chapter.It shall be prima facie evidence that water is being wasted if unreasonable amounts are allowed to flow into the streets.An�person convicted of a violation of this subsection shall no longer be entitled to non-metered service.I�u�..�c�a�fi�e��C��u�'�uIlw�t�� lfm vea�d'rn tti��u�m�a�n��u�n��mi�ft��t��C�trn�t�e��-u�m�'ru��:��t�llm�m:nl�ncn��u¢Il�i�mun�_�rudi tt�� us��w��$"��r 1�`c�l�nn��e��a��l��I�r�m��v�n�un�m��Fu�� C��.a��uu�tnIl mr��z��nu��ce puu��ue�f alfn�ac�cnnnuff�ai(t��il�r��u�_ (��It sh�ll be unlawfut for any�erson to sell o��fl�a��ater a�vav to be n�s�d on prenxises other than those for��vhich serrrice Ys provided outsflde of�he Cit�lianits. 16 , Rev: March 16,2012 6��It shal�fl�e unlaovful foa�any�erson to int�rfea�_��.��e_d�� .or�erage an�part of the Ci a�r�ter s�},�stem without la�afi►➢authori��dm�o. ((E)It sh��l�e un�avvful to open or close�a�,��➢�n�,s��,or�n�ab v�lve,or to turan�n or t�arn off the dvater serwice to aaav property�vithout la�a�'ul�aa�ho�i��o do sa. �No v�ater s��r�c�.sha�.i:b.e�r:oaTid�d_to.any�:.p�r�ena��T�:�:i�ibie��or=a�ie�a.tio�c=if-�the��a�a-y �e�use:s-tv=si�n-a.n=annexahon-p�"ifi�r��n=hen=~reeq��t��i.t��,da-sca-�i��h�-Git�. `._.. (�3 Tt sha�I b�unIawful to cause oc allow an��g➢r��n��o be a��d��ed i�to�he City s�rste�ar to cross connect it��,'ith any irri�ation��ater s��stean. 6-2-265: AL'I'E1tl�iA'�.'E DAY SPRINKLING: � Ir•igation of residential and commercial lawns and landscaping using City water,by sprinkleis or � o erwise, shall4occur„onl.y:.or�alxernate,�,day,s�-City water may be used for such irrigation at Ul w '�, ddresses with an odd number only on ocld numbered days of the month, and at addresses with X� an even number only on even numbered days of the month. (Ord. 665, 7-14-94) 6-2-270: IJNLAWFUL PRACTICES: IIt shall be unlawfiil for any person, except one duly authorized by the • Public Works Director or the Fire Department,to open, close, operate,turn on,turn off, interfere with, hose to or connect anything with any fire hydrant, stand pipe, stop valve or stop-cock belonging to the City. It shall be unlawfiil for any person to make any connection with any water main or water pipe belonging to the City water supply system without due authority first asked and obtained so to do. (Ord. 632, 7-28-93) 6-2-280: OSSTRUCTIONS AND INJURIES: IIt shall be unlawful for any person to obstruct the ready access to any fire hydrant or water meters by placing around or thereon any stone,bricic, luinber, dirt, snow or other inaterial,to draw or attempt to draw any water therefrom or to willfully or carelessly injure the same. � Adequate clearance shall be provided around all meter pits.And in the event that any person shall,willfully, carelessly or otherwise, injure or break any fire hydrant, street stand pipe,public drinlcing fountain or other device or thing connected with the City water supply system,he shall at once report the occurrence to the Public Works Department or police,with his name and address,and shall give stich undertaking as may be required of him that he will pay the costs of the repairs or replacements thereto inade necessary:Failure to so report and accept responsibility for such injury is a misdemeanor. (Ord. 632, 7-28-93) I��TLJLES�I�GUI.ATIOI�S 17 Rev: March 16, 2012 ' ' �/�)The�ublic�doa�Dia��or shall nssue s�ecifica�ions,nales.��re�aa�ageo�s�e�e,ss�� ne�drrei�sist�-atioa�.in�e�re�ation.and emfon-cernent of t�is Ch��er�md�n��ne�ad�eents � he�t�. VIOI.ATIO�S�PEI��.1�S (A1 It shafll�e binla�i�fl fo�an�erson to violate anyptovisiou�s of tflnn�Cl�a�ter o�� arr�endments or addflt�ons�ere�o.�aa�person convicted of sucfl��n�l��no�ma�a be�urnns�ned b� fine not to exceed three hundred dollars($300.00)or im�risonaneng�or��raod of not more than nine . (t�days or bJ�bo�h such fa�e and ianprisonment.Each da��o�e�se is�Ilowed�fl� �ermitted to conti�a�e Bna�r�Se d�emed to be a separate violati��.�'a�ae�nd�c�,hmvvevea-.rno��rson under the age of eiahteeiB(18)�ears shall be sentenced to any ter�of im�risonment. ,, � Zs Rev: March 16,2012 Chapter 3 ICROSS-CONNECTION CONTROL C �-3-�-��s�- � � This c�� er is ado Yeci for the benefit of consumers receivin their��=ater s�u � �iro��he c' b protectin��he t�ater su�iv system of th�aitv from actual or potential pollution or co��ination tl�rou�h cross-connections. 6-3-2:I)E�'IT�ITIOIeTS: � BACKFLOVV: The flow, in the opposite direction from that intended. of any foreign substance which.may enter the water su�plv system or of any contaminated or polluted water. B1�CKFLOW PREVENTION DEVICE: An approved device which counteracts back pressure and/or pre�ents back siphonage.A reduced pressure principle backflow prevention device.a double check valve.assemblv,-a pressure or atmospheric vacuum breaker shall be considered - approved if it has successfull�passed the performance.tests of the University of Southern California en ineering center or other testin� laboratories acceptable to the city and the state of Idaho department of environmental yualitv. l � . CITY:The c�'ty of McCal l or anv authorized a�ent thereof. � n� ll ' CONTAMINATION: The infilhation of either solids, liquids or�ases into the water supply system which does constitute�ublic health hazard. CROSS-CONNECTION:Anv phvsical arrangement wherebv the water suppl�vstem is connected either directiv or indirectlV with any una�proved water suppl,y,sewer,drain,conduit. pool, stora�e reservoir,plumbin�fixture or other device which contains or mav contain any substance capable of pollution or contarriination. CUSTO�R:An�persons and/or premises receivin�water from the cit}i water su�plv s, st�em., POLY.,UTIO�d:The infiltration of either solids,liyuids or gases into the water sup�lv systeen �vhich,althou�h not constitutinQ a public health hazard,does impair the��vater quality with res�ect to taste.odor,color or harbidih�. VV��'EIL 5��,Y SYS�IVI:The�otable�vater supply system provided b t�he ci�a of McCall 6 3-3:PRO�CTIOI'�T A.CiA�ST�flZOSS-�O�ECTIONS: 19 Rev: March 16,2012 No w�t��s�ri�os��.��n�e�syste�co��ecteon sha�p ge�xi��oa�be ins�lle�9 to�a�cus�t��eg uaa➢ess th�wr�ger su�l��em��ad�qu��e�y�a-�tected a��ins��goss-connecteon by b�c�lo� pre�e�n�i�a��e��ices coapn�n�a��u�ge��th t�e a�e�cee of h�z�rd t�n�t�igher does or pote�a�iall�� e�s� "�"flae flrn�fl�atIl�an or��n�ten��ee of�cros�-��annectioaa�vhYc��nay endan�er ghe w�t�� sup�l�s st}� earn c�u�lilt�sF��➢��nfl��rfeal and�s pa-�l�bited_�an�s�acla ca�oss-connec�ions now exi�un ��esea�e�fl��flfl�efl�h�ll�n�ab��l.�'Ea�control og eflea�ana�ion of crass-conne�tA��s sh�ll�ae�n acce�rd�.�c�;�afl��h�s��a�p�er.�e�ost c�e�-a�ent p�cnf c nort�awest section-Amea�e�a� w�ate��a�rtcs��soc��ta�n��o�s��ec�adr�c�n�eofl rn�ne�al�or��pged procedi�res an��ct�Q:es. and the�daho re�ulate��for��.iblic dr�nlcireQ wra�er systems.section 01-8601.04.dated Iul� 14�5 �g sr�6sec�ue��s�v�si�a�as �oe�t�e�e�rmtla��other�vbli��t��ss�ertaining to cross- con�aecte��ean��a�s��e��he directar of tl�e s�ate de�sast��nt�f envico�rnental qe��'ct�. 6-3-4:�J��OF��1�PR��1��leT DE�JICE�: t� Irastallation Requirements- Certain�ircumstances:Backfload prevention devices shall�Se instalIed sf possible E�rit�nn the confines of the affected buildin�in a readilv accessible location with adequate clearances for maintenance and testin .Ig f the preceding installation is not possible the device shall be installed in an accessible,above�round. locked,heated.enclosure adjacent to the structure.The structure shall be sit�iated above seasonal higli �round water.shall contain a floor drain shall t�rovide ade�uate room for testing and maintenance and shall protect the device a�ainst freezin� Backflow prevention devices shall be installed under anv circumsta.nces included in,but not limited to,the followin�: . 1 Premises housing an auxiliary water supplv that has not been approved bv the city for its quali and protection. - - 2 Premises having intricate plumbing anangements which make it difficult to ascertain whether or not cross-connections exist. . 3 Premises where entry is restricted so that inspections for cross-connections could not be made during reasonable hours at sufficiently short notice to assure that cross-connections do not exist. 4 Premises where anv substance handled under pressure could enter into the water supplv system.This shall include the handling of process and cooling waters. . 5 Premises having a repeated history of cross-connections beingcreated or recreated. B.Txpes Of Facilities Requirin�Devices: 1 The followin�tv�es of facilities shall fall into one of the above cate�ories where a backflow prevention device is require�to g�rotect the�vater su�plv system unless the city and the state department of environHnental quality determine that no hazard exists: a. Se��age treatenent pl�n�s. b.L�boa�tories. 20 Rev: March 16, 2012 c.Foo�gr�cessin�I�ts. ci. Chea�p�al a�otheg imda�stria��ca�s. e.�ospit�ls.anortuarg�s,clinic�_ �l��CLb��LlY'itI CIleCIIlflCc'fl�S�Ofl'e��e,�o�¢r►ae��tion�d distrebe�tion facilities. g.PetroBea�m processiaag or stora�e�l�nts. h. �ar�vas�es. i.Othe�facilities s ecified b�the ci and the e de artment o e vironmental ali . 2. Gertain public facilities present potential sources of cross-connections.All of the follo�vin.� facilities and any others the cit�pecify shall be required to install backflow prevention devices as required by the citv. a. Schools. b.Movie theaters. c.Recreation and sports grounds. d.Restaurants. e. Stores(wholesale or retail). C. Types Of Devices For Use:The type of backflow prevention device required for,a particular situation shall be commensurate with the de�ree of hazard presented.The following guides shall be used: 1. Where.the water sup�lv system could be contaminated as a result of cross-connection, an air- gap separation or a reduced pressure backflow prevention device shall be installed. 2. Where cross-connection could result in pollution of tlie watersupplv system,either of the above devices or a double check valve assembly shall be used. 3.Back siphonage.such as from irri�ation sprinkler systems.ma�prevented bv the use of either atmospheric vacuum breakeY-s or pressure vacuum brealcers,as directed bv the city and the state department of en�ironmental qualitv. D. Stagnant�Vater:IDouble Checl�\l�.lve Assecnblv:Facilities having pluralbin��ements connected to the w�ter su�plv systeyn,vvhere the*��ater remains stagnant for prolonged_periods of time, shall be required to ins�ll a double check valve assemblv. 21 Rev: March 16,2012 6-3-5: S��R�SIOl�Afi�D�SP�CI°IO�: A Supeavvis�on•Expense•Bac�flo�r�gevention al�vi�es sec��air��➢��h�s cha�ter sha��be��stalfled �dea�the supea�rrision of and waith�h�a�p�-ov�l of�a��t� Suc�n Bns�fllatflons shafll l�e com�letelv at�he customer°s ex�ense. B.Inspection And Testing: 1 �nspecting�irrn- Customer's Expense•Bacl:flo�v�reventio�n devia:es installed�rio�to t�e effecteve date hereof,shal!be ins cted and tes�e�b a testi�n f�of the customeP's chonce that is qualified��ad a�proved b�th tv to insgect and test said d�vices.�'his wo�1c s�afl9 be�t the customer's expense anci the results foa-�aardea to tY�e city �ny torotectaon device instaliec�prior to the effec�ive date hereof that is not a�proved b�the ci�shall be re�laced by an a�proved device, at the customer's expense. 2 Replacement Of Faulty Parts•Annual inspection and testin�of all installed backflow prevention devices shall be carried out b�a qualified and a�p�oved testin�firm of the customer's choice Any_parts found faulty shall be replaced All inspection testing and parts re�placement data shall be forwarded to the city.All of this work shall be carried out at the customer's expense• 3 Frequencv Of Testin�: When the city considers it necessarv,.because of the de�ree of hazard involved should any cross-connection occur,inspection and testin�mav be more frequent than annuallv. 4 Ri�ht Of Entry Allowed: Durin�reasonable hours all customers shall permit entry of the citv to inspect for cross-connections. 5 Newly Constructed Premises• Compliance Required•No water service shall be supplied to anv newlv constructed premises until the said premises has successfullv passed the city inspection for cross-connections and complies with this chapter. r C.Veri Need For Cross-Connection:Ins ection shall be made b he ci waterworks de artment to veri re uirement of a cross-connection control de ce. Ins ection shall be made bv the city waterworks d�artment after the device has been install d and prior to its certification Request for inspection shall be the responsibility of the customer.D.Final Determiriation: The McCall Public Works Department shall.make the final determination 1� . regardin�cross-connections. � � i� U"' 6-3-6: �IOLATIO1dTS�TD PENAI.'TIES: � � Q"- � �- A. Cirounds For Termination Of Water Service: 1.The followin�shall be�rounds for terminateon of�vater service to a customer: 22 Rev: March 16,2012 a.�ailea��o er��ta➢➢.d6l�fl[1�HI1.1HIlS�t��L�Ild�eS$�IY�6 tD�C��A�9fl��dH�IOIIIl��VflC�ff�Ql11I"��7°��115 chaptea-. b.Refaa�fl o�a�ess.dua-i�a�a�e�s�n�ble ho�rs.�o�ny pPope�for t�ne p�a�ose of de�e��nin� `�vhether�r no�cross-connections e�ist. c.Any o�er�rr1�o�efiises�o cogn��vith curre��r�cedu�es�ane➢��ctaces re�uireci b�this cha�ge�_ 2.�?nl��on tflae c�as�omea�'s coa�p�ete compl'ea�ee�ri�fla this c�aapte�st�ail t�e service be resa�med. B.Pena�i�r�mpos��:Aa�v customer who viola�es mr refuses to cor��I�a�i�h�his c3�ap�er sl�all be deemed�altv of a rnisdemeanor and,upon convi�tion tlnereof s�►�11 for each offense be subject to penalty as provided in section of this code. 23 Rev: March 16,2012 the curb stop in the standard configuration where the curb stop and the meter are proximate to each other. The water service connection between the City curb cock and the meter pit is the property of the owner of the real estate under circumstances where a meter is located within a structure or at a location interior to the premises as is common to facilitate delivery to more than one unit in a multi-unit development on an individually metered basis. The owner's water connection property shall be maintained by that owner. (Ord. 717, 10-9-1997) 6-2-180: I�/I�7CER-II�TSP��T��1��1�1t�PORT: It shall be the duty of the Public Works Director to report in writing to the City Treasurer all premises inspected by him where City water is used or about to be used within forty eight(48) . hours after such inspection. Such report shall contain the name of the owner,the house number of the premises and the street name, and the name of the plumber performing the work. The Public Works Director shall make sure that stop-and-waste cocks have been so placed as to thoroughly drain all pipes and fixhires on any such premises. (Ord. 632, 7-28-1993) �z�� 6-2-190: I�YETEIZ�-RE�II��: ` The Publ�icaW�orksFDirecto��s�ia��fin`al{e�moritlily�reading�of-water�-mete�s. However, during the months of October to March, inclusive,the readings shall be made at the discretion of the Public Works Director. It shall be the duty of the City Treasurer to keep suitable accounts with all consumers of water, a separate account for each separate service or premises, and to enter therein _. all charges and penalties accrued. (Ord. 632, 7-28-93) 6-2-200: 1VIETER�- GEI�ERAL: All meters shall be and remain the property of the City and shall not be removed from the service except for test or repair,replacement or abandonment or discontinuance of the seivice.All meters shall be so located and maintained as to be readily accessible at all reasonable hours for reading, inspection or repair. (Ord. 632, 7-28-93) 6-2-210: METERS-DAIVIAGE BY OCCUPANT-REPAIR: In cases where a meter has been lost, injured or broken by or through the carelessness or negligence of the owners or occupant of the premises served, such meter shall be properly repaired or restored under the direction of the Public Works Director, and the costs thereof shall be charged against the owner or occupant of the premises. In case of nonpayment of such charges,the water shall be turned off; and not turned on until the cost of repairs and the penalty for shutting off and turning on water has been paid. (Ord. 632, 7-28-93) 6-2-220: PLUMBERS -COMPLIAl�CE: No person other than licensed plumbers and authorized City employees shall possess or use any street key for the purpose of shutting off the City curb-cock, and all plumbers shall leave the said City curb-cock shut off on all premises which are newly connected with the City water supply system, and in the condition in which it was found in all other cases. On the completion of his 14 Rev: March 16,2012 work, each plumber shall promptly report the same to the Public Works Director. This shall not be construed to in any way ielieve any plumber from making the necessary applications, and from complying in all respects with the other requirements of this Chapter. In case of the failure of any plumber to properly conform to the requirements of this Chapter,the Public Worlcs Director may cause the same to be remedied, and shall cause the costs of the same,together with any fees or penalties which may have accrued thereon,to be charged to the property owner, and no water shall be turned into the water lines of the said property until such costs and charges have been paid in fiill. (Ord. 632, 7=28-93) USE�l��'�2��5 (t�.)VJhei�it is necess��r to r�s�«ater�ernpo�aril�place�a�ere the water st��Iy is inadeyuate,applicatao�ma}�b�made to the Ci for a permit to use water from a fire hvdrant.It shall be unlawful to use�dateP from or connect any a�paratus to,a fire hydrant without first obtaining a permit. �)Each permit shall specifv the terrns and cond�tions of use and the fire hydrant or hvd�ants authorized to be used.No person shall attach to the operating stein or cap of a fire hydrant anx wrench or.tool that is not approved by the City for use on fire hydrants.In addition to any other remedv available to the City.any wrencli,connectin�,anpparatus,valve, hose.or other item attached to a fire hvdrant in violation of this Section shall be subiect to removal and confiscation b,y the Citv. (C�ges for Use of Fire Hvdrants:Water used from a fire hydrant shall be metered.with the meter to be provided by the City. The charges shall be determined from Sections 3-5-13 or 3-5- 15, as applicable,plus a fi -dollar($50.00)service char�e. �)Permits.shall not be granted for the use of water from hydrants for normal and incidental use connected with construction or similar activities or anv other.use other that fire prevention or use b�v itself,unless the Public Works Director or his representative, authorizes a permit for extcaordinary or emer�y conditions. 6-2-230: WATER TUItNED OFF 1)URIIVG FIRES: It shall be unlawfiil for any person to use water for irrigating or sprinkling during the progress of any fire in the City except for the protection of property from fire, and sprinlcling shall be immediately stopped when the fire alarm is sounded, and not be resumed tmtil the signal "fire out" is given. (Ord. 632, 7-28-93) 6-2-240: REPAIRING IVIAINS�'ITHOUT NOTICE: The City shall ha��e th�right at any time,without notice,to temporarily intemapt water or se�ver seruice in any C�ty m�ins,lines or services lines for the�urpose of making repairs. connections,extensa�ns o�fo�other�ucposes requYsite or useful in the operation, maintenance or ex�aa�s�on o�the�r��er or server s�stegn:'''��..,^*�^��^^..��^TM^^•.*:^�� R�,�*^'� ' , ' ' , , and the City shall 15 Rev: March 16,2012 � ' J.I'd�VStC FIT�5��4°I�COY"�ffY��fl��:�'�Il�HII1�I��lOfi1 O�a��l�b'��9&'��fl'6�fl�k:C�Il%��CtflOIf S�1��Il � com s�lv in all res�ec�t�the s�qui�ements fos a�et`��a��s�eavi�e li�ae�d�e os�ner,or�i� �.aent,will be rec�ufirerl to p��al➢��foP c�naeection�n�ex��n�s�o�o�t➢�e��cilit�+from the municipal�v�ter ma�n.1'he c��ne�tn��a o��pri�a�e fire se�n��a:o�e��aon sfl�all l�made�� accordance with enternation�➢f re c�d�. I�. Con�ections�iad��y�la�aa�.��:�'�n��onnec��n of t�e�siv��e��e��1Bne go the piibl�c wrater servgce line t�the mu�ascfl�a��teg rnain sh�ll be m�de b�a�lusn��a�ldin�a�alid s�a�e : �lurnber's license. L,.1Vleter. St�p VaIve A��➢Sta��c�: 1.A separate and inde�endea��ci��ter se�--vice meter and sto��alve shaig be provided for eveay authorized water user. 2. To eacfi service pipe there shall be attached at the inside Tine of the c�rb a stopcock and kev box which shall be paid for by the water user and be t�nder the exclusi�e�ontrol of the superintendent of the waterworks. � �s n�n. ��r�rTcrnrT n�e�n�rn��•r�rntiar. _ , � � � > > > � zx�,.,.i:�no...,..E.;..o��..,+t,� ., .,i:,...�� „�„ .. „�x:,.;o:.�,-,. ,, o t�„��r;-i_� ,.�+�,o ,.,,��t,o,.o„� � T � � 7 7 1 • l � � � 9 9 6-2-090: CONNECTIOIVS -SPECIFICATION�: All persons connecting to the City owned service connection or laying their own private water � mains thereto are required to use approved��-�o�}��l�stic or��er standard pipe 10 Rev: March 16,2012 . meete��he S�te of Ildaho plu�nb�a�eode, up to and including two inch.(2") in nominal internal diameter, and�-a��C900 Class 200 water main conforming to the specifications of the Public Works Director in the case.of larger sizes.All such private lines shall be laid not less than� ��feet(4°5�below the surface of the ground and an equal distance below the established grade of any street where the grade has been established. If any such private main be laid in a street or highwa where no grade has been established, and such grade is established at some later date, but no C�t' y water main is by that time constructed,the Public Worlcs Director may require the consumers using such private inain at the time to relay such private inain in such inanner as to protect it from frost•damage. (Ord. 632, 7-28-93) 6-8-100: EC�I�I�EC�'g�I�-PRI��7t'�- �I'��'YCA'I'I�1��: The portion of all service connections provided by the consumer for private water mains laid as permitted by this Chapter shall,before water is turned on thereto, conform in all respects with the following requirements: The pipes shall be so located and equipped that each supply to a separate building or premises shall be controlled by separate stop-and-waste cock of approved type and construction satisfactory to the Public Works Director, which stop shall be properly protected against frost, : have extension handle if necessary, and be so placed as to completely drain all pipes and fixtures served thereby; or if sags or depressions necessarily occur in such pipes,they shall each be provided with an additional stop-arid-waste cocic or other suitable means for properly draining each and every one of them. Where no fixture exists between the property line and the basement or cellar of a building,the stop-and-waste cock may be placed within such basement or cellar, provided such basement or cellar is not less than six feet(6') in clear height; and is provided witli adequate stairways or other suitable ineans of ready access thereto; and provided fiirther,that where such basement or cellar is enclosed only with wooden walls,,the said stop=and-waste cock shall be placed at least twelve inches (12") below the surface or floor thereof, and provided with an extension handle, and be properly protected against frost. Stop-and-waste cocks on premises fronting on ungraded streets shall be placed at least six feet(6') inside the property line of said premises. Connection between the privately owned lines ar service connections shall in all cases be made with a suitable union.Every existing service connection or branch service not already equipped as required by this Section shall forthwith be made to so conform at the expense of the owner: (Ord. 632, 7-28-93) 6-2-110: CO1oTNECTi01�-IloTSPECT'ION: Whenever the owner of any premises connecte�i with the City water supply system, shall desire to use the water, he shall request the City Treasurer to have the water turned on and service begun. The owner.shall leave his portion of the trench containing the service connection open until the same has been properly inspected, and the water turned on,when he shall immediately and properly cover the said pipe.All new construction and/or alterations, additions to existing facilities shall install and maintain in good working order "water saving devices". VV�t�r=e1°o�ets using a�az�imum>of fo.ur-_(A�)�ga�l,lons=per=flush�wi.l1=b�-rec�uired=and�a sliower head reduction device�or a1�l=showers�will�be-reqiiired�(Ord:632;7=28=9�3)�' � �� I �� . � � � 11 /] Rev: March 16,2012 `�n guite�s.se�ae�-Iin�s�e��g��a f��li�c�s.s�o�dr�nns.lav�ns.�enees.�as�a��s.other«ratea�a�ains. � telephone fle�es�a�fl e➢�tri�l l�ane,�. D.Old Pr�v��e Se�ag�e L�n�s: ��ri��te��e�se�ice lenes IInax be�asec�in connec�ion�igh net�buil��n�v v+�➢�en tPrne};are�ou��.on ex�ina�ion and bein�tested as required b t��v. to mee�aIl geq�aire�er�ts��this�ha�qte�. . E. Confoam�ce 4�IIt��n6di��t��a�nabi��Codes;Inspection: 1.T'he ana�e�gals of�cs�sfl�eteon af t�ae gsrg�r�te watea�servace Iine and the methods to be used in eaca�aticag,�flaein�a�t�e�ipe,�ai�t�a��,�esting,a�d backf Ilin�the teench shall all canfoccn to the ffec�uireinents of�he 6aaiic6�t�no�e�cfi��umbiri�eodes as have been or ma�be adopted bv the eifv_ 2.The private water setvice connection to the citt�r water service line shall conform to the reyuirements of the�uilding and piumbin�codes as adopted bp the citv. 3.All connections to or extensions of the service line,as previouslv installed bv the citv,or under its authorization,shall be made in accordance with the requirements of the uniform plumbing code for such an installation.The connection of the service line shall be inspected bv the cit�plumbing inspector before the installation is backfilled and before the water is turned on for use at the premises. � F. Service Line Size And Location: - 1. The private water service line from the buildin�to the connection with the citv water service line shall not be smaller than a three-fourths inch(3/4") inside diameter pipe and shall be laid in a trench of such depth so that the minimum cover over the pipe from the finished grade shall be five feet 5'2 2. The alignment of the private water seivice line from the outlet of the building to the city water service line shall be reasonablv straight and shall be located such that the distance between the water service line and the sewer service line shall be a minimum of ten feet(10'). G. Cross Connection Prohibited:No person shall make or permit the cross connection of anv ,private water su�ply to a water line that is served bv the municipal water system3. H.Notifv City For Inspection:The applicant for the citv water service line permit shall notifv the citv when the connection of the private water service line to the citv water service line is ready for inspection. , I.Excavations(ivarded:lZestoration:Rl9 excavatio�s for all water.service installations shall be adequatelv,�earded with barricades and li�hts so�s to protect the public from hazard. Streets. sidevvalks.parkw+ays,and other public propertv disharbed in the course of the work shall be e restored ia�a m�nner satisfact�ry to the citv or the entitv having jurisdiction over the disturbed ro e 9 Rev:March 16,2012 6-2-050: WATER ��Ps��I��1��TICE COIeII+�E��1�S tsil�D�lA�`E� L�S: Afll r�a��e�rafl��ac��r�ansl�ip in tfie installatio�of pr�vate�water se�rice lirees and coaa��tflo�� to tfi�ci�a e�a�er ser��Iine sh�➢I conform to the follo�ving regulations: �A,�Per��eq�ired:After receipt of a properly filled out application under Section 6-4-010 of this City Code, and of the executed contract under Section 6-4-020 of this City Code,the Public Worlcs Director shall cause the premises described in the application, if the same abut upon a inain,to be comiected with the said inain by a service pipe extending at right angles fi�om the main to the property line. Included in such service connection thus constructed shall be a "City � curb cock",placed within the line of the street curb, and the said connection shall thereafter be inaintained by and remain the property of the City. (Ord. 632, 7-28-93) I�To�erson otl�er than one authorized by tbe city shall uneover.make any connections with or openin�into,use,alter,oa- disturb any municipai�vater main, citv water service line or a�purtenance thereof without firs� obtainirag a dvritten permit from the city. The permit is not to be used until all water installation charges and fees have been paid in fiill. 6-2-060: CONNECTION: B.Application For Permit;Fees: To obtain municipal water service,the owner or(�i�s agent shall make a�plication on a special form furnished bv the citv.The permit a�plication s all be , sup�lemented by anyplans, specifications, or other information considered pertinent in the judgment of the ci , and requested b, ty he city.A permit and inspection fee as established by resolution of the city council shall be paid to the city at the time the a�plication is filed. The owner or his agent shall pa_y assessment fees to the citv at the time the a�plication is filed.The amount of the assessment fees will vary dependin�on the equivalent dwelling unit(EDU)ratin� or other rating established bv the citv engineer for the user in question. The assessment fees shall be as established bv resolution of the city council. Standard Service Connection: A standard service connection which shall be supplied by the City to the consumer, shall be of three-quarter inch (3/4") nominal internal ciiameter, extending from the main to the property line, and including the necessary tap or shut off,tapping saddle,pipe, fittings��i��cili;b=cock and curb box,meter and meter box where latter is necessary. Where C`�. , connections of greate�eagarcli ' ed for any purpose, all excess costs of service shall be �� charged to the consumer, and the sum pai ' to the working fiind of the Public Works Department. (Ord. 632, 7-28-93) C. Service Line Installation: The owner mav request permission from the city to install the water service line,�ncludirn�p to the ci ,ty water main,e�ity:stop:Valve,service line,valve,meter vault and cove�a�nder private contract. Such installation shall be in conformance with the pluraibing code as ado�te�b,�t�ty�.��hen installation of a water service line and a��urtenances causes dama�e to a�v�ropexty,public oa-private.other than the owner's pro�ertv,the ovvner sh�ll:be responsa�le for all a-e�aflr costs ia�cl�ading,but not limited to,repair to streets,sidevvallcs,cearbs. 8 Rev: March 16,2012 � �_._ �3)"1'�fls ri� �of e� A sh�il�p�l�r but not be lianited to the fo�lo�a��fi�nction�.;�'� detea�e the floc�et�mn�nd�an�➢itio�s of aflfi fi dr�nts.�ipes,fix�res,and flne�e�s,to re�cfl mete�,to make ffe��rs,t�g�a�o�c$�Se or��oke tests,and to in�testi�ate violateons of�hes Ch��er. It sh�l�l�e uri��ww�ul fo�t�e o��areer or occu ant of an T recnises,a r re uest is at�ad��or en �ovidec�herein,to deaa en to the Public V�Iorks I)irec�or hi a-e a-esent��ive. 6-2-020: REQUII�ED CONl�TEC,'TION: A.�o�ec�ian To Cit}�Systerr�:T'he ovv�ner or occ�pant of any h�use,buiIcfli�g o�prope�v used for�-esi�enrriai,commerciai,i�d�astrial, governmental or recreational use,o�any other purpose. situa�ecl within the("c`itN�vhich is abuttin�on or having a permanent ri�ht of access to an�s�.reeL alle or ri ht of wa in which e e is located a ci water line�i�h�r,eb��re�ui.r:ed-to�ceas�usinQ:» afi�-ott�er�watei-sysYem and a i exp�nse�#o�eonnec�-sucla=Uuilding�dir�ctly-with=the�city�ater.in accordance-with-the-provisions�o�this�chapt�r;wifhiir sixty�(60)'�'ealendar�days after the date of official notice from the citv to do so;provided,however,that said city�vater is�vithin three hundred feet(300')of anypropertv line where said building to be served is located. B.Disconnection Of Private Svstem Required:At such time as the municipal water system becomes ilable to the ro e served b .the rivate water s stem, and the owner or tenant connects � ro e to munici al service as re uired it is mandato that the rivate water supply is ot connected or cross connected in anv wa�to the water lines served b, ty he cit,� system.The disconnection of the private water supplv line shall be inspected and approved bv the Public Works Director or is esi�nated representative. - � . , 6-2-030: SEPARATE CONNECTION: Every separate premises supplied with city water shall have its own separate connection with the city water line and every separate premises not.complying with this requirement.shall be made so to comply within six (6)months. It shall be unlawfiil for any person,whose premises is supplied with city water,to furnish water to additional persons or premises after six(6)months subsequent to the effective date of this chapter. (Ord. 632, 7-28-1993) 6-2-040: WATER FROM OTHER SOURCES: No service connections shall be allowed from the City mains to any premises supplied with water from any other sources,unless if be shown that the City will receive reasonable return on its investment and then only on special permission, in writing, by the Public Works Director, which perinission shall be revocable at any time.No connection,temporary or permanent, shall be permitted between the City water supply system and any other source of water supply whatsoever. (Ord. 632, 7-28-93) 7 Rev: March 16,2012 ! � ��T�e�o�t�f��df��la�a�eo�a�d ee�efic��ion.the c�s��o�-�e��n��ss�6e�alu�ting;flo�� nd�a-e�seare��rec��e��g�o�of th�cn�}�ci�e�lic IIn��el�o na��a�te��l'ebrat�on�ata �eae��BSE:��6�Q�fl��'6➢➢6E��e0 o�ghe fi�nfis��d�onstc�actuo�n sh�fil�P��e b�,°th�a�plic�r��.�u�n��s�th� �°��fl'��L1��IIE�fl'��1S IH1Yti�t�C�� t��- �Oa-d.75�.�-�2-20�� L'�1��fl�al� �Ei��IIfl��F:��F t�I� �CL�C�lOII3 O�$.FE�fiffEE�flffiflCfl ��ra��a�s ste�n exter�sior�s.it s��l�be�Y��blaQate��of t�e o�vnee.o has ent,to�a`ae��e��e�ee� �c��essior�al e� flneer �re�i�,A�o�h�cit�,��aa��@�e said system sions�ver��ns�a�G�;d i��gd�a�ce«rith�he ap�ro�red plans and s�eci�i�atio�s on f le in the office of the ci�,�en�in��r.Fo�loe�i��ce�ification bti�the re�aster�d��of�ssio��enai�eer��d aceeptance by tl�e ci�r,t��ea�t�e e�te�sem�of the muaaicipa� wa�er s�+st�� inc➢r�d��Q the cit��vater service�ig�es,slj�l!b��a��t��ert�r of the ci acpd it s�n�ll��h�cit;�°s res�onsibii�i��a�naintain anc�operate��e s�stegn��eee�f�er. (�i)VVo��Done B��onteactor:"�hhe installation of all pub➢'vc vr�ater systea�s shall be performed and correpleted by a cmntractor possessin�a valid sYate of Id�ho��ab�ic��orks license v�ith the proper endorsement for the�vork. b t > > > �� . a n n b v � . � (H)The City mav at its own expense extend its water or se�ver mains as deemed feasible or necessarv..The Citv may�rovide for such extensions in accordance with its subdivision re�ulations or b�contract with an�person desiring such extensions. Such contract shall be on terms a�proved by the City and ma�provide for the size of the mains to be extended,the ap�ortionment of the costs of the extensions,reimbursements provisions for subsequent taps onto such extension,or such other provisions as the Council deems in the public interest. �d1 All such mains connected to the Cit�ystem shall be dedicated to the City. �-2-015: �GII'T OF E1�iT�t�' A Vl�henever necess� to ma�:e an ins ection or inves�iQation,to erfo anv du or to enforce�re of the ro�risions of this Cha ter.the Publie T rlks Director and his autho�-flzecl re rese�t��ves m� enter u on an buildin or �e ' servec➢b Ci water at an reasonable tipne for s�a�h purposes.If the buildin�is occupfled, e s�aa�9�a�esent proper credentials and re ues�e�n �.��sa�ch buildi� is unoccu ied e�shall an��e re�,son�ble effo�ts to Iocate the oe��ers o�pesso�s�possession of the premises �Peyues�entrv.��tir}+is refiased.he shall haa�e gecoua�se�o�16��nedies provi�ed bv la�v to secure entr�. � � 6 Rev: March 16,2012 C� / �,�" _ � , Chapter 2 ,� ,J/ � ' , WATER SERVICE I�� '�� 6-2-010: EXTENSIOIV OF Wr�TEIa SERVICE: Unde�no�cir.cumstances`x�il:l=ci�y�water_-ser_vice�be-extend�d=outside�t e_c�:ty_-of McCal�-corpor-at�, �l�i�its,exceprasaa-conelition=of annexation. Csity=water-service3shall�i��extended=to-lots=or�parce�s w�l�in th��ity-of McCall=corporate=l'im'itso7ily=if�the=following_conditions-a_re-met: �A)Peamit�equired:No extenspons�f se�vice piges sba11 be Yn�de�vitl�out fi�st�btaii�ing a perrnit therefor from the pui��ic e�rorks cie�aartrment�and each builc�inQ shaifl have separate ser��ice �pes• (Bl Com�liance With City Policies;Responsibility For Costs:All proposed e�ensions of the municipal water system to serve undeveloped areas within the exisfing corporate limits,newly n annexesLareas-er ar:eas�outside:�fhe�comar.ate:li�i�s shall comply with existin�water system � extension policies and with the.overall master plan for the city's municipal water sup�ly system. � Costs for all extensions to anv property shall be the responsibility of that propertv owner or his a�ent. Cost for water service extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent.When it is necessary to install oversized mains as part of an extension,the cost of all oversized lines mav be the responsibili , of the owner or his agent. Such water line extensions,public or private, shall be extended to the farthest __ boundary of the development project or property to be served bv the extension. � C :�ire,H• drants And Service Lines:It shall also be the ro e owner's r his ent's responsibility to install all necessary fire hvdrants and city water service lin or all extensions of the municipal water system at no expense to the city.Unless a special permit is granted bv the city,all municipal water system extensions,includin�the citv water service lines,to newly developing areas shall be installed prior to the construction of any new streets. (D)Approval Of Plans: All design and construction of any extensions to the municipal water system shall com�l,v with the official specifications as adopted bv the cit,y for the water � distribution system. The plans for all extensions to the municipal water system shall be prepared and si�ned bv a re istg ered professional engineer as per the licensingrequirements of the Idaho Code and said plans shall be filed with the city.In a�proving a plan for extension to the municipal water system,the city reserves the right to stipulate other requirements such as a saecial permit fee,ri�hts of way limits. sequence of construction,time limits for havin existing service disrupted,the provision of suret��uaranteeing completion and other similar measures as may be required to protect the public.'The cit�gineer shall evaluate the proposed water main extension and the intended service area,and certifythat the city's water system can support,with. adequate flows and pressures,the proposed de�nands for the sizes and types of construction and fire exposure vvithin the intended service area.Ro`�ork shall commence on anv such e�rtension of the municipal water system�ntil the e�ension�roject has been approved b tX he city and the state of Idaho Department of Environreiental Qu�li� 5 Rev: March 16,2012 in conjunction with its sewerage treatment system, shall be subjected to the full remedies - available to the City pursuant to State and Federal law. (Ord. 632, 7-28-93) 6-1-040: SE�I2ABgLITY: If any one or more sections or provisions of this Title, or the application thereof to any person, firm, corporation or circumstance, shall ever be held by any court of competent jurisdiction to be invalid,the remaining provisions of this Title and the application thereof to persons,firms, � corporations or circumstances other than those to which it is held to be invalid shall not be affected thereby, it being the intention of the City Council to enact the remaining provisions of this Title notwithstanding such invalidity. (Ord. 632, 7-28-93) 4 Rev: March 16,2012 P�O��TT'�':�efers to�lll p��rt�,�ahether pri�atel}r o�publicl�owned.vvithin�he ser�rice lirnnts of t�e munfl�ipa�`�a�eP s�stern excludan�tC�erefro�►l�nds that have been dedicated�or publ��s�ee�o�hi��a�a�ri�h�s o�w�� PUBLIC WORKS DIRECTOR: The Public Worlcs Director of the City.. ST�AL��: '°Sh��l°° is mandator}r; "may" is perrnissive. SLJPE�I�I�EI�IT_The superintendent of the city utilities is the individiial to be in charge of_ and ove�see,�he�a�er sys�em,lie sh�lZ,under the direction of the Public Worlcs Director,ha�re charge of t�he�anic�p�l e�rater se��syster�. T'he superintendent's duties shall include,b�a�not be Tic�ited�to:rnaintenaa�ce.opecation,su�erviseon and/or inspection of all additions or modifica�ons.The si�peri�t�ndent shall report,on a regular basis,to the Public`Norks I�irector the condition of the municipal water s sy tem• � UNAUTHORIZED�IA'�'ER USER:Any person�vho makes any use of the municipal water system or the water delivered thereby who is not an authorized water user or who improperly or illegally uses the water system,or v��ho causes dama�,e or injury to the system in any fashion. UNIFORM PLUMBING CODE: The most currently adopted edition of the uniform plumbin� code. . WATER MAIN:An�pipeline owned by the city for the purpose of transportation and/or distribution of water to seive more tlian one water service line or user. WATER MASTER PLAN:Anv document which the citv of McCall has accepted bv official action of the city council which describes or otherwise indicates an overall view of proposed future water system needs,minimum water main sizin�, and/or minimum water main spacing and routin�. > > • ��a.�T�Q-�J 6-1-020: CRIIVIINAL PEl>TAI,TIES: A violation of this Title is a misdemeanor punishable as prescribed in Title V of the McCall City Code. (Ord. 632, 7-28-93) 6-1-030: CIVII,laEMEI)Y: In addition to, and not exclusive of the criminal remedy provided by this Ordinance, any person violating any of the provisions of this Title and by such violation causing the City additional costs to collect,transmit and treat sewage producecl within the City's sewer service area, or causing the City to be subjected to civil penalties imposed by State or Federal agencies, or causing the City to lose, or jeopardize the holding of, any permit for the use of the Payette River 3 Rev: March 16,2012 , CUSTOMER: (A)For all purposes, a person who has contracted with the City for utility service; and (B) Where a contract has not been entered into,those persons who are or would be beneficiaries of the service, and thus ought to have executed such a contract; and (C)For enforcement purposes,the owner of the premises, and the occupant of the premises. �QUI��,�1�CO�Vf]Nf�CTi��d:Th�service to a tXpicafl resgdenti�l house on an ia�dfl�Ed�aal �o� th�t is oecr�peec��r�r��s��a�le-�amil�r G��I��Illl�iS CI�Si�HF��f��S f3lt�P��i9V�I�blL COIEEY@C�1fB&E. �It cathe�c�rnnect�ons��rar�t�d in relation to equivalent�ca�ect�ons�a�ed�n tl�e estc�na�ed �nsa�e o�'or be�eft de��aes��'rom��he sen�ice. �I�II�I��IPAF.V��A�R S�'STEI�/T:Includes all components and facilities of the public«rater s��stem�hat are o�vned,operated.or maintained bv the city of IVIcCall.Idaho.for domestic and other uses. �VERSIZED 1VYAI1�:An�'��vater main which is required.to have a larger inside diameter than is necessary based on the estimated flo��v of the service area for which the rr�ain is being installed. OWNER:Refers to the propertS�owner that is served bv the municipal water system or desires to be served bv the municipal water s. s�_ PERSON:Includes any natural person and also any other legal entity, such as but not limited to � associations,partnerships,joint ventures and corporations, and a county and the State. Where an offense is committed by a person who is not a natural person,the natural person(s) (if any)who �1 \ � directed the commission of the offense, and the natural person(s)physically performing the acts � constituting the offense, are jointly and severally subject to prosecution,rates and penalties. PREMISES: The building, or buildings, or part thereof,to which a utility service is furnished, and the land associated with such building or buildings, also land to which water service is provided whether or not a building is present; service is provided to each dwelling unit as a separate connection, and to each business or commercial unit as a separate connection. PRIVATE FIRE SERVICE CONNECTION:A separate and independent connection from the municipal water main that connects directl, to�a s_prinlcler system or fire.control device that has been,or is to be, installed in any building for the purpose of fire control within the specific buildin�and said conaiection is to be for no other purpose. PRIVA'I'E WATEIZ SER�IICE LINE:The portion of the water service line tha�runs from the buil�➢ina bein�served�o the�oint of connection with the water meter and or control valves. PIZI�IAT'��IAT'ER SYSTEIl�I:Any water system for domestic use that is not o��vned.operated �nd rn��ia►�ined by the�i�of PvlcCall.Id�ho. 2 Rev: March 16,2012 TITLE 6 REVISIONS Chapter 1 GENERAL PROVISIONS AP�I.I��II.TIr�' . `A)AI➢users of City water or se«rer shall be subject to the terms and conditions as se�o��this�hapter and shaii be subject to all a�plicable regulations of this Code,the City Charter a�d other ordinances,resolution and regulations of the City,as they now exist or as they may be amended in the fuhue. (B�The owner,lessee,pa in possession and party actually using�vater or sewer service,or anv property served bv Citv water or sewer shall be jointly and severallv liable for all fees, char e�s, and penalties imposed by this Chapter and for compliance�vith other requirements of this Chapter,notwithstandin_�any �reement amon�themselves. 6-1-010: 1)EFIl�ITI01�1S: The following words whenever used in this Title shall have the following meanings: AUTHORIZED WATER USER:An�person malcin�authorized and proper use of the munici�al water system and/or the water delivered thereby and who has made application for water service and such application has been granted and has paid for such service,water, and all fees rec�uired. An authorized water user mav be an owner,his tenant by lease or rental,a developer. etc. CITY:The Cityo uf McCall, County of Vallev, State of Idaho, or its authorized or desi nated a�ent,representative or deputv thereto. CITY TREASURER: The City Treasurer of the City. CITY WATER SERVICE LINE:That portion of anv individual water service line that runs from its connection with the nublic water main to,and including,the coiporation stop,valve box and � meter that is installed in the service line.It will usuallv be installed within the limits of the public right of vvay or utilitv easement and,after approved installation,it is to be owned and maintained by the citv. - CODE:The Cit},�Code of the City of McCall COiTNCIL:Unless.otherwise indicated,the City Council of the City of McCall 1 Rev: March 16,2012 DECLINING BALANCE UPDATE OF WATER GAPACITY FOR END OF.YEAR2010 available until the Knowles Road Backup Generator must be in place.The�cixinking-�atera syste�asa-whoie=is liinitecl=liy�tlierbackup power=at-Davis-Beach Intake and�by-�the-filter cap.acity-a#the-Water_Treatrnen,t=Plant3Ther.�=are=438-available�cor►neetions=uritil�tlie-Dav�is Beach Backup�Generator�must�lie_=i2%plac�and�'844=avaiiable=eonneetions�efore=tlie w�ter ireatrnent plant reaches_capacity_-£or:�flZe�complete=d=i=mkmg~water system. Rec�mrnendation� Based on the existing and forecasted growth rate for the City of McCall it is recommended that the Ci�c�ontinue,.to work with DEQ to..implemen.t capi�a.I-impr-ovement pr--ojects-for_ e dr-ink�g water syst�m ir.i'a�mely manner-to ineeti-�filie�deman�ds-of grotw�th. � � �� l� ` � � / L h d�� l^, ��r�-�--- -i�,,�� Uv ��U�� l . C� � � l-�v� � � 3 �q�� "DECLI B C PDATE OF WATER CAPACITY FOR END OF YEAR 2010 . �h � , TABLE 2 A r � Water System Capacity Summary 2010 �Jr�� Exasting Limiting Avai S� �� l6� Connections Capacity n� ��' �� v �,� v.` V � West Overall West Overall qY . Side System Side System � 656 3030 107 438 *Existing Connections=The number of connections that are currently being served by the City of McCall 'Limiting Available Capacity=The available capacity based on the existing infrastructure � C�rr..ently_theie�i�e:656-water.s.onnections-on�the_west s��_idesof the_City and23-74=�-oiirieetions o the-east�side�o�the-Cit'y.The west.side_ciistribution=sys€em iseapable=of ser��ing-�an-=� �aelel�itional=-107 corulections=before-reac-Iiing-eapaeity. Capital improvement projects and the existing capacity of the drinking water treatrnent and distribution system are shown in Table 3. TABLE 3 Water System Capital Improvement Projects Drinking Water System Components and/or Tota! Capacity Unused Capacity Projects that impose a limit on the system Before Project Before Project West Overall West Overall Side System Side System Standby Power Davis Beach Backup Generator 3468 438 Knowles Road Backup Generator 799 143 Booster Stations Knowles Road Booster upgrade(300gpm) 763 107 Install New Deinhard Booster Station (500gpm) 763 107 Storage � West Side 700,000 gallon storage reservoir 1500 844 Treatment , 1.5 MGD Treatment Plant Upgrade 3874 844 Note:Project limits or adtled capacity is independent of other listed projects The�drinki:n.g water s.y.stem=o�-the=westvside-is�limited�bysthe<-i�oosfer-�pump` ac pac�ity a�d stand=by�powe�'��t th�Knowles-I�oad=Baostei�-I'ump`�tati�on.There=are=1U7 avail�ble connections�until the:west,side_booster-pump�ca}zacify is-r-eached�and_1:�3aconriections 2 DRAF'� �OR REVIEW — MEMORANpUM ��1-11L.L I�ec�.��.ix�g ��.axac� LT�dat� �f�'a��r �ap��Y-�r fo� �n�. of �� 2��0 ro: Peter Borner,City of McCall ��6�� Y� . ��.� � ��vl�?��d� coPi�s: Betsy Roberts,CH2M HILL c� �°,�, Rick Bishop,CH2M HILL � ' . Jennifer Bass,CH21V!HILL �° �" �� u:� �� 1 �� Ro�: Jexia�ex Beddoes,CH2M HILL �� c��.:� ��ac•.�� .--.��;� d�r�: March 28,2011 �� ' � PROJECT NUfl9BER: 351791 �� 5 ,�,� �� , �� This rnemorandum presents a review of�li.e rezx�auvng capacity of the McCall water c� treatment an.d distxibution system and acc9�:u�:ts-fo�the_number o£s�iitar�i-estrietions � . �,,,�j" p� released and actual service connections (via bui.lding perznits)from January through �� December�f 2010. v 9�lill S�rv�� 'The following table shows the number of sanitary reshictions that were xeleased fiom Januaiy tluough December of.2010. � � �' S TABLE 7 � �� j�� . Number of Sanita Restric#ions Releassd in 2010 Sanitary Ftestriction Summary nv Sanitary Restrictions A�iailabfe=S`anitary"Re'stTicfions--- - ----- - ---- -"" --�--- - -_-_�- "-r1;086� Will Serve for River Ranch,Phase 2,5 lots(No Building Permits Refeasad, East of River) 6 Will Serve for Springs Apartments,38 units(All Buifding Permits Released, East of � ftiver) 38 To�aLAvailable�"-��""""'�`�'�R 1;04--='� "'�,.�maining,�affer�Dec_201_0� . � The�Ci: .-has=�Ehe=abili ��to-release`saiu'tai�"-'r`esfi�iciions=on 7:;043=future_connections°aftex' � " fY �Y Y ..—q I. January�1.;2011basecL-on_the water-_agr-.eement=col3aboration lieiw e DEQ and the City. Water System Summary Update. � The complete cU:inking r�vater sqstem capacify sununary based on the n�rmber of building permits granted fioxn January through December 2010 is shown belo�v in Table 2. @E6:L�k�I€id!i 6.4Lk;��",E UPCFATE f}F tr��r�STE7rRTEE',GF.Pr.(C2T�'F��EfiJ QF t+uU2 e�EQ 'F'he�at}+'sis�Uove does i2at i�uluci.e a�-�ciiEioE�F pro�erEq uitder irriaaE�a�1 ut�aTO.Sfivu�c� �aC L�e fhe ease, Etlen Eii�ren�aEniEig EDUs caulc�be increaseci acc�rc�inU�yF. ��i'i.�i R:1eiu��'�Q��Qi�A B.�a"�.�.��'��[C:L�S�1.��i .�f €I�Gl1'dl?iv^Esr":liLi�.E�JF'C��ECIFF?:��:r[L.icF'tf2C&�e��Y F€IRE[�t}11-YEPiR�?"� � -�---�..,...._ . �- -r.—�-`•�c--•n.�.`_;v�.::::<:L�...� .:��._'.1:::��.'z��;� �rrigatioc�t+��s?;9 ttu'��C�� ,��Ta�s.�ipj�r=o�t�xi�tet�•'•s�3E'IC2TItC��3�EIC��6t��fictS CICC.['FrCf��C��11C J— �i �It-fc�r i:r_[.ca�tic�tt=i��v-?0.�0=thari'ii�`��09. Tl`c-gnuz�it��r3of ec�tii�FaleZz�i�i�*e�I�Fu;r�ywtits=a�tTs��e c�s��"e�ecirii:��a]:t��sasli�xtitn ul T��le 2. Gl\TE'I�I:ItL'Cd111E�ILZC�E�iiCCC'��S Q�.�CSS=fItlT/l�"d'FIL�E'd-17I1�1��Cl=nunther�f i�i'�`��Et ��I al E�Us t�te � i nu��n�Il��?�i�d��,er�-EDU cli�in��c�fro�i11j23 t�x1:1-9:� i�BLE Z � Compaasun o�2�f?9 and 2010 ERCis �____ _ _ q � 2009 �D'(4 �.� � t��mbcr c�f�DUs 6,�65� 6,08G ��U` Ga�ta�s per clay per EC7f1 - ------w_,....____123 �1'-�� l� EDt�s=Ec�uivalent D��retting UE�its I'rior�fc�r s�DU daea is snMlntarized be1��t: � d Q�.v�' � E�ic�e�I�,ea�2�105 cl�h�sl1o��ed tt�at a�l�I?�L�c�itti-ibu�u113?�alfwru��r c��. � � �� y� � D� � 0 I�aztc�oI year 20E17 c�at�3 siio�ved�t1aE�u1 L.DIJ contn'l�ut�ci 1.30�a[to►�s��er day. � �'` � r�/ 1 � �nd of 3�e�tr 2006 d�E�t sllo�ued thaC art EDU contri�iuted 1Gf1 gallons per cla.y. � Enc€of year 2005 data sho�ved El�a!an �DU confritiutecl��b�altons per da�r. �,�� , (�'�t T'or�ea�rs 2�Os;'ZQO�;��tlei:?Q1OsZ�valtie�af��,�:�,�a��'�c�r-L'IDII�vas ri�e�innteitaee��iztc��*i � �l V� estalilisli�°as-th`e-nunuriu�iii value: �}� �,�,� I'oi�ycal '�01C1�ze2t��Taste�atc�i�t�°eattiietilaant-1 dispasal'-5}�seeri't'S er'xtiea'1 re�i�auuit� g ED:Us=x�yr-�r.� �� ssocizted��Tidi J.�itd-��?�+Iie�tion and��t�abh�lied�at�48�1 Dw�.'g��a�2C1�0,,.7_�_DU�of \� \ / ca�lcit,y��vere removed,leaving 41'0 EDUs ie��a�nul��as-�fLl�e�.�nz�i�x�3:1;r2(�10�f��r�tl��ctitizal � p�� '`J-Ditrch �u1d.a}aptical��n-coln�:�octenl. �' `6� Gou1g forwarc� in year 2€�1T the rentaining EDUs related. eo ihe critical ra��acitS� �or Iand ,� � applicarion could range f�oi��: ��,0 « 41E)EDUs(��rhen carr}rlllg tllE CIE'C�31.Z1i1�U1l�ulc�for�a�ard fram year 2U10) m 436 EI)Us(�vheii�isuig a tialue af 160 �pci�EDU acul usit�g�u�S5�percentilc �� j �pproach u�coiljunelioit�1rilll the ulost recent 5 yea�•��ata seE) � ,r��! � 588 EDUs(�vlien using�t value of 129 gpct/EDU a�1d using an 85��percentile ,L� L7� v0�' appcc>�tclt in cc�njiEnctiaii��riF�1 t[ie most rece�.it 5 year c€ata set) �. U� ,(� ��Fe�are uicluted to rc.ccxnn��ici Ltlat year 2U1T st�rts��ith 4�0�DLJs remavung tk�sed an Ehe �� , `� critical componei�e oE I�nd a�pincation and tilat��alt�e df 1GQ g�d�EDET E�e useri. �� Y1.`� EIe��1,�:��=tr:�m�i=c��ier�l[�e-=1astlGi�=e y��acs�l•i�s-t�e�ii a�TciiMer=flo�ti�-�:��r�EDIT�'Clle R5tj,�,ercc�.t[ilc �� o��er�.te last f��Tc:tFe�rs is 243�11loi�s per c�a}F per EL?t) (ncrtc C��e�5��per�e�iti[e over the Iast six}�e�cs is 1Cr'��}c�l/�t?U�.�ain��E�i=�:��i�i�a�x�L�iucei�i.��i�l:ii��fc�z��tie-:�,c��p=L��c�uIcC�la�.u��c�, L�uC�,�,is_�-itol�:reconutZ�.si�e��al=Elii�Eime. � V"' . � �rr, / �t€dr��.e:r�P,�t��E[��:tEe��C-2soa.ah�� vv/p � ? 7 � � F 1 hF,4 E.—�4 E F�0�R A{�D U N{ ��L� . � D��lir�.i��g �a��c� �T��a�� '�:��r��er ��a��r ��r ]E�d .��ar 2a10 �.,..__. '��96� �'��;. ' �' �d�. T�: �'ete�:Borner,C°'i�y�f t��IcCarti ,��; ,��„4��,r�+,r coP�s: BetsSg Rok�rts,CH2M HILL F, . � jencEer�edd«es�GH2Nt HIfi..L �� jerulifer Bass,CH?R!I HILL � ��'� �,�� Q� �� 4,� � � � FRpP{: �FCk BLSIlO��C'��`}�!T�L.�. P� P��' �As�: �pri�20,2011 e��--�,p��c��d P�a,rEc�r�u�ae�x: �51791_53.20 �tis inemvranc�.um��resents a revi,e4v af�ie re�riain�t�capacit��of the I1�cCalI wasee�vater treatr�t�nt and c{is��osal system and accounts for ize�v uiforinafion ga�tlered front jlnuary t�irougt�Decentber af Z01�. '�'a�ile 1 cocizgares the voiume e�f rn�aste�vaCer diae tti�as tre�t�c�,storcc�,anci de�vered!�t�te j- Drtclt s��sfem for irri�atiotl duru��2010 and 2C109. TA�EE'� �a�ison of 200g and 2010 Wastervater Flows. � � ��Measure 2009 2010 Percent Gnange from � �(� � 2009 to 20t0 lnfluent Fiow to WUUfF,million gallons 273 264 -4% ltltaximum Votume in Winfer Storage Pond,million gallons 'E88 191 �'�.% TreaEed Wastewater Delivered to J-Ditch for tmgalion,miffion gallons 239 21& -9°!� Du�•ing 20�0�lie RZcCall��raste�vatcr treahnent facility(jh��4'TF)receivec�264 ntilfion gal�ons eif�trasteti��ater��t�1licCi ec�uales�Eo.:a�i�auera�e c��iL��flo�v�f aUc�utr72(�,(�0.(L-gal�to.ns). By c��n��arison,nn 2009 EI�ie��VTF reccived 273 xnilIiait�alt�ns(or an average daily flow of 75�,6Q�g�Ions).�LpproxEmatel}�4 percent less IIo��T�,ras treate�3 in 2Q10 than in 2009_ �, -t�ni�:xiniuna=u�I�tiiie-of=t►-ea i:c-v��aste«ra�erst�rec-1-i�l=tlie-�vr�iler=stcirage-pQnd=c�u►ing=Z010 ��as�.9�mii.lion�.��Ilons itiTitich-re�resents�69�i3��senC-,c�f�tlie=cctp�city�:�f=tlie�27�`n�on-��ilion stor�ge�iond_I�12009 E�ze rnaxinu�m voIu�ne c�f treaEecI�t•aste��a�er sEared in lhe`trinter (� � s�c�r�ge��d�vas 28&�t�illlion.gaIions.�1p�roxiEi�atel�F� peece��t ttierre fl��v►,��as�equired f� � �� e�rec�e�2010 tt�ak�i«�009. C � � 'TIYe�a��n�1e af�eated�v�sfetivater detivcred to tize�-DitcT1 far ir�,-igat�on c�uri�g 2010�vas �'1S�a�i��iaez gailons.Itt 2�CI9 tizc.�raliu�ze oE t�e�ted�v�s[-�Gvae�r e�eliv�crecf ta It�e j-Dat�t�far ' � 4 d �� w ��ti � N �' �r;��,�.��€s F�a�6e�€a-e��rEc�s 2�-�tt� � 1VIcCALL CITY COUNCIL 216 East Park 5treet AGEI�DA SII�L � McCall, Idaho �3 63� Number t�B 13-146 1Vleeting I)ate August 23, 2013 AGElVDA I'FEM INI'ORMr�TION � ,�`LIBJECTo Dept��YmentApprovals Initials Originator or , Su orter �`itle 6— ZTtality Se�°vices Cocle IZea�asions, Wc�te� � Mayor/Council �Vc�ste Wc�ter Policies, �r�� Widl Serves City Manager Clerlc Treasurer Community Develo ment Police De artment Public Works � originator Golf Course G'O�S`7'IMPf$C4: NA Parks and Recreation F�JNd�IN(; Ai ort ,SOURCE: . Library 7'd1�lELINE: Early FY 14 Information Systems Grant Coordinator S�Tl�lb�ld��'�'7'A�'E19�EIQI�:' This is an update on Public Works attempt to revise the existing McCall City Code(MCC)Title 6 and to develop an accurate Water and Waste Water Policy.Public Worlcs desires to inform the City Council on the status of these changes and to discuss more fully the bacicground oil how the Water and Waste Water policies were crafted. Currently inost of McCall City Code (MCC) Title 6 - Utility Services was written in 1993. This entire section of code needs to be completely revised. Some revisions to the existing code have been crafted but not yet finalized. Additions to the code also need to include cross-connection control and a mechanism to adopt changes to utility specifications without needing approval from City Council. The Water & Waste Water policies have not been approved since 2011. Both of these policies were crafted during high growth n�, periods. During this time, two different methods were used to calculate remaiiiing wastewater EDU's. ��✓ Both of them were incorrect. The Water Policy was also crafted during the high growth period and was , �`� based upon Capital Improvements in the Water Master Plan Addendum developed by CH2M Hill. 1'h=� �-, , inany=otttstariding`W'ill-Serve let'tei•s-issu'ed`�ytlie�C'ity of McCall�isya-majorneonti-ibiiting�factor in tlie ,�. ��NaterrPol7cy:� A policy needs to be developed to cancel Will Serves letters associated with developinents/subdivision that were never constructed. - Attached are a copy of the last proposed revisions to Title 6 and the last adopted Water & Waste Water Policies. RECOMMENDED ACTION: None.For information and discussion ur oses only. � I2ECORD OF COZJNCIL ACTION 1t�ETI1VG �4CTION DA�'E Mar. 20, 2012 AB 12-60, Public Works resented to City Council Jan. 19, 2012 AB 12-14,Public Worlcs resented to City Council