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HomeMy Public PortalAbout2020.11.05 Regular Council Minutes MINUTES McCall City Council Regular Meeting McCall City Hall--Legion Hall AND TEAMS Virtual November 5,2020 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Reports Public Hearing Business Agenda Adjournment CALL TO ORDER AND ROLL CALL Mayor Giles called the regular meeting of the McCall City Council to order at 5:00 p.m.Mayor Giles, Council Member Holmes, Council Member Maciaszek, and Council Member Nielsen all answered roll call. Council has a vacant seat. City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney; BessieJo Wagner, City Clerk; Linda Stokes, City Treasurer; Michelle Groenevelt, Community Development Director; Rick Stein, Airport Manager; Eric McCormick, Golf Course Superintendent; Meg Lojek, Library Director; Justin Williams, Police Chief; Tara Woods, Recreation Supervisor Also, in attendance was Lindsey Harris, McCall Area Chamber of Commerce Mayor Giles led the audience in the Pledge of Allegiance. APPROVE THE AGENDA Council Member Council Member Nielsen moved to approve the agenda as submitted. Council Member Council Member Maciaszek seconded the motion. In a voice vote all members voted aye, and the motion carried. CONSENT AGENDA Staff recommended approval of the following ACTION ITEMS. All matters which are listed within the consent section of the agenda have been distributed to each member of the McCall City Council MCCALL CITY COUNCIL Page I of 8 November S, 2020 Regular Meeting for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. Payroll Report for period ending October 16, 2020 2. Warrant Register—GL 3. Warrant Register—Vendor 4. Accept the Minutes of the following Committees a. Golf Advisory Committee—September 9, 2020 b. Historic Preservation Commission—September 14, 2020 c. Library Board of Trustees—September 17, 2020 d. McCall Redevelopment Agency—July 21, 2020 e. McCall Redevelopment Agency—August 3, 2020 f. Public Art Advisory Committee—August 31, 2020 g. Public Art Advisory Committee— September 28, 2020 5. AB 20-302 City Licenses Report to Council Per McCall City Code: Per McCall City Code Title 4 Chapter 9,the City Council has determined the City Clerk shall be delegated the authority to process and grant or deny all alcoholic beverage license applications, other than certain circumstances involving catering permits, which the city clerk shall review the application for catering permit for completeness and forward said application to the Police Chief. The Police Chief upon receipt of the application shall make a recommendation to the City Clerk to approve or deny the application. Whenever the City Clerk shall determine that an application for alcoholic beverage license transfer or renewal is complete, the City Clerk shall approve or deny such application. All decisions of the City Clerk shall be reported to the City Council at the next regularly scheduled City Council meeting after such decision. The City Clerk is also responsible for all processing of business, taxi, snow removal, pawnbroker, child daycare licenses, vendor permits, and public event applications.Action: Council review the License report. 6. AB 20-303 Request for Approval of a Contract for Services with Billing Document Specialists (BDS)—Updated Renewal: It was identified by staff that a new contract for services with Billing Document Specialists (BDS) is needed. Since the expiration of the current contract some time ago, the City and BDS were operating on a month to month basis for water utility online credit card payment processing, electronic statement hosting, and paper statement processing. When the City contracted with Xpress Bill Pay (XBP) to provide point of sale and online credit card processing and utility bill hosting in April 2020,the service provided by Billing Document Services for the City also changed. The attached contract for services reflects the change in service provided to the City by BDS to only printing and mailing the water utility paper bills each month. The City Attorney has reviewed the contract.Action:Approve the contract with Billing Document Specialists to process paper water utility billing statements each month and authorize the Mayor to sign all necessary documents. 7. AB 20-304 Request for Approval of Terms and Conditions Amendment No. 1 to the DocuSign Master Services Agreement: In order to reduce or eliminate the need for manual signatures by City principles for better functionality and workflow for the City, staff recommends a one-year extension of the contract with Docusign to provide secure electronic signature capability for the Mayor, City Manager, Department Heads and City Council. It is time for renewal. This effective date of the renewal is retroactive to August 31, 2020. These terms have been reviewed by the City Attorney.Action:Approve Amendment No. 1 to the DocuSign Master Services Agreement and authorize the Mayor to sign all documents. MCCALL CITY COUNCIL Page 2 of 8 November S, 2020 Regular Meeting 8. AB 20-306 Request for Approval of Terms and Conditions with Carbon Black Antivirus Software: Carbon Black is an anti-virus anti-malware endpoint security product we are spec'ing to replace Symantec. These terms have been reviewed by the City Attorney. Action: Approve Carbon Black terms and conditions and authorize the Mayor to sign all documents. 9. AB 20-308 Request for Extension of Janitorial Services Contract for McCall Police Department: In November 2018, McCall City Council approved a cleaning contract with First Class Cleaning Services. The contract was written with the provision to allow for "two (2) additional one (1) year periods, under the same term and conditions". Justin Williams, Chief of Police, is requesting the extension of the contract for one(1)year.Action:Approve the extension of the contract for janitorial services with First Class Cleaning Services and authorize the Mayor to sign necessary documents. Council Member Maciaszek moved to approve the Consent Agenda as submitted. Council Member Holmes seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Holmes, Mayor Giles, and Council Member Nielsen all voted aye, and the motion carried. PUBLIC COMMENT Mayor Giles called for public comment at 5:05 p.m. Receiving no written comments, Mayor Giles closed the comment period at 5:05 p.m. REPORTS Chamber of Commerce Lindsey Harris, representative from the McCall Area Chamber of Commerce, gave an update on the Winter Carnival. City Manager City Manager Anette Spickard gave a brief update on JWAG. She asked the Council to email her any questions they would like to present to the upcoming JWAG meeting. Airport Airport Manager Rick Stein gave an update on the winter preparations and the parallel taxiway. Cily Clerk City Clerk BessieJo Wagner reported the Local Option Taxes have come in higher than expected and all but one project was able to be funded. Community Development Community & Economic Development Director Michelle Groenevelt answered questions regarding the Housing Advisory Committee. MCCALL CITY COUNCIL Page 3 of 8 November S, 2020 Regular Meeting Golf Course Golf Course Superintendent Eric McCormick reported on the closure of the course for winter. Police Police Chief Justin Williams answered questions in regard to the increase of DUI's. Public Works Council Member Holmes asked about the Thompson Street sidewalk, children signage, and the size of the parking spaces at the Thompson Street condos. Since Public Works Director Nathan Stewart was absent, City Manager Spickard asked her to email the questions and she will follow up with the Public Works Director. PUBLIC HEARING AB 20-305 Request Approval of an Ordinance Adopting McCall Emer(ency Powers Authority Mayor Giles opened the public hearing at 6.04 p.m. City Manager Anette Spickard presented the ordinance adopting McCall Emergency Powers Authority. As part of the City's response to the SARS-COV-2 (Coronavirus) Pandemic, Council enacted Ordinance 986 on March 20, 2020 to establish temporary Emergency Powers Authority of the City for public health purposes. The Ordinance was effective for 182 days and expired on September 18, 2020. On August 27, 2020, Council directed staff to prepare a regular Emergency Powers Ordinance for adoption into the City Code pursuant to Idaho Code 67-6509. The Idaho Code requires a public hearing of the Ordinance in front of the Planning and Zoning Commission. The Commission conducted the public hearing at their regularly scheduled meeting on October 6, 2020. One person testified during the public hearing that felt the Emergency Powers Authority Ordinance was not necessary. No written testimony was received. After discussion and consideration of the testimony received, the Commission by majority vote recommended moving the Ordinance forward for consideration by Council; that Council hold a second public hearing on the Ordinance; and that Council consider revising the language in section 7 D to limit the duration of public health orders issued under the Ordinance to 45 days. Notices for the November 5, 2020 public hearing were published in the Star News as required. If adopted, the Ordinance will be codified as Chapter 9,Title 5 of McCall City Code. City Manager Spickard went through the different options and City Attorney Bill Nichols explained the Council can choose how they want it to function and the ordinance is just a tool to use when needed. Mayor Giles called for public comment at 6.17p.m. No public comment was given in person. City Clerk BessieJo Wagner stated six written comments had been received and read them into the record: MCCALL CITY COUNCIL Page 4 of 8 November 5, 2020 Regular Meeting Gary Chandler of 1740 W Fairview Ave wrote: The lit signs as you enter McCall that state you must wear masks in public places is disgusting.The mask mandate is NOT a law!! People are smart enough to social distance on their own without the local health department slamming them in the face and tearing them like stupid idiots. 8 out of 10 people that wear the mask catch the virus. if masks worked so well why is it increasing when 98% of the people obey like they robots because of the fear the news and the health departments have put on the people. Leonard Iventosch of 839 Homestead Road,McCall wrote: Regarding granting emergency powers to allow the city manager to pass laws without the city council's approval: I am totally opposed. There are enough questionable laws and ordinances already being passed by the city council and Valley County Health. I understand the need to be able to react to the changing Covid circumstances, but that does not excuse illegal, unconstitutional actions by the city manager, or for that matter the city council. Terry Edvalson of 616 N Third, #201, PO Box 2569, McCall wrote: The saying "Mother nature always win!" is pertinent today in light of the disjointed National and State of Idaho response to the novel coronavirus covid-19 public health challenge(masks like pot holes are not partisan). Yet to be discovered virus caused pandemics and climate change generated increased incidences of forest fires are existential threats that require managed disaster responses. Scientists predict more healthcare challenges and natural disasters can be expected in this and future decades. With this in mind, I am writing in support of the McCall City Council passing legislation giving emergency powers to the city manager in the face of public health and other emergencies that endanger the health and safety of the citizens of McCall, Idaho.The need for quick responses to emergency events are demonstrated by the City of McCall Council's quick response to covid-19. Taking the advice of the local medical community, the measures taken by the council in early March have managed to keep community spread of the virus to a minimum level in the city, in spite of McCall being a vacation destination and a refuge for second home owners escaping urban virus hot spots. The council's response was well in advance of the mask rule passed by the South-Central Idaho Public Health's imposing a mask requirement for Valley County. According to the State of Idaho coronavirus data for October 30, Valley County has the second lowest daily 7-day moving average incidental rate at 8.8 and the lowest cumulative incidence rate at 1070.9. (https://public.tableau.com/profile/idaho.division.of public.health#!/vizhome/DPHIdahoCOVID-I 9Dashboard/Home) The possibilities of needing an immediate response to dangers presented by forest fires and social unrest events emerging in today's divided county speak to the need for the ability of the City of McCall to react immediately to untoward dangerous events. The seven-day requirement for the city council to be convened and approve an emergency declaration by a city administrator provides sufficient public protection from a misdirected order. Randy Kyrias of 303 Mather Road, McCall wrote: I strongly support giving the city manager this power who hopefully will make nonpartisan public health decisions. I would also recommend adding a requirement that,when practical,any emergency declarations be done with the consultation of CDH health professionals. I believe this new ordinance is very important as certain members of the city council, one in particular, have proven that "Politics" will override their decisions even at the MCCALL CITY COUNCIL Page S of 8 November S, 2020 Regular Meeting detriment of public health and welfare. It is abundantly clear they have no concept of"public"health versus personal health. I have completely lost confidence in the leadership of these members. Janet Lord of 1255 Elo Road, McCall wrote: I am against such power being given to a single person. Larry Lord of 1255 Elo Road, McCall wrote: No way should such power be given to one person. City Manager Anette Spickard explained that any order made by the City Manager would need to be approved by the City Council within 7 days or the order would be rescinded. Council Member Maciaszek pointed out the comment from Homestead Road is not a McCall address. City Attorney Nichols clarified for Council Member Maciaszek that this ordinance would allow the City Manager to deal with any emergency situation quickly, such as a chemical spill for example, and not be reliant on trying to get a quorum of the Council at short notice. Mayor Giles closed the public hearing at 6.30 p.m. The Council deliberated. Council Member Maciaszek feels this discussion meets the three-touch rule as described in the Governance Manual, and the term of the order would be best if the City keeps in line with other entities or the option one choice. Council Member Holmes stated she is in support but feels the shortest term would be best and thus chose the 45 days (option two). Council Member Nielsen echoed Council Member Holmes on a shorter timeframe. He expressed concern about the length of time given to bring the order before Council and asked if it is possible to shorten the 7-day requirement to affirm any City Manager orders as he similar concerns as some of the public comments. City Attorney Nichols stated there has to be a sufficient amount of time give to meet the open meeting laws requirements so no less than 48 hours. There was a brief discussion regarding the language on time limits for when the Council should be called together and how often the approved order comes back to Council for revisit. The consensus was to amend the language of Option 2 in Section 7B from 7 days to within 5 days and in Section 7D to no more than 45 days. Council Member Maciaszek moved to amend draft Ordinance 995 to state in Section 7B not to exceed 5 days and in Section 7D not to exceed 45 days. Council Member Nielsen seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Nielsen, Mayor Giles, and Council Member Holmes all voted aye, and the motion carried. Council Member Nielsen moved to suspend the rules and read by title only, one time only Ordinance 995 as amended. Council Member Maciaszek seconded the motion. In a roll can vote Council Member Nielsen, Council Member Maciaszek,Mayor Giles, and Council Member Holmes all voted aye, and the motion carried. City Clerk BessieJo Wagner read Ordinance 995: An Ordinance of the City of McCall, Valley County Idaho, establishing emergency powers; setting forth the authority, purpose and intent; definitions; describing public health emergency orders; process for enacting public health emergency orders; providing for exclusions; providing for suspension of services and deadlines; force majeure clause; penalty; providing a savings and severability clause; and providing an effective date. MCCALL CITY COUNCIL Page 6 of 8 November 5, 2020 Regular Meeting Council Member Holmes moved to adopt Ordinance 995 as amended to establish Emergency Powers Authority in the City of McCall,approve the publication of the summary,and authorize the mayor to sign all necessary documents. Council Member Nielsen seconded the motion. In a roll call vote Council Member Holmes, Council Member Nielsen, Mayor Giles, and Council Member Maciaszek all voted aye, and the motion carried. Council Member Nielsen moved to amend the Ordinance 995 summary for publication to match the amendments of the ordinance. Council Member Holmes seconded the motion. In a roll call vote Council Member Nielsen, Council Member Holmes, Mayor Giles, and Council Member Maciaszek all voted aye, and the motion carried. BUSINESS AGENDA AB 20-307 Request Approval of a Purchase of Elements Software and Contract Agreement Community & Economic Development Director Michelle Groenevelt presented the purchase of Elements Software and Contract Agreement. The Community and Economic Development (CED) Department has been researching software options for several years. The Department currently uses iWorks for basic database tracking and reports.The Department has wanted to improve the experience for the customer and internal efficiency and communication. The City Process Evaluation (CPE) Committee and the Department researched and tested various software options. Ultimately, Elements was selected due to the functionality for the internal and external customer and the ability to use the software in the field. The City uses Elements for Asset Management in Public Works and utilizing their CED system for permitting provides for additional integration between departments and shared technological support. The City Attorney has reviewed the document. Director Groenevelt answered questions regarding funding. Council Member Maciaszek moved to approve the purchase contract for Elements software and authorize the Mayor to sign all necessary documents. Council Member Holmes seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Holmes, Mayor Giles, and Council Member Nielsen all voted aye, and the motion carried. AB 20-309 Request for Approval of a Contract for Services with Falvey's LLC (Site grading and site preparation for play structure replacement and pathway re-location at Brown Park) Recreation Supervisor Tara Woods presented the contract for services with Falvey's LLC for site grading and site preparation for a play structure replacement and pathway re-location at Brown Park. The contractor is currently mobilized and under a separate contract for the Brown Park Shoreline Slope Stabalization Project. The department is currently funded to replace and re-locate the existing play structure in the spring. There will be a cost savings in having the preliminary site work and grading done this fall while the contractor is at the site now.Additional cost savings will come through the re-use of unstuitable landscape boulders for the shoreline project that will work for retainage around the play ground. This will also give the site the winter season to settle and compact before the playground installation in the spring. This job is outside of the contractor's current contract for the shoreline project and will be paid through a separate funding source of a Land&Water Conservation Fund Grant and Local Option Tax Funding under an approved capital improvement project(CIP). A MCCALL CITY COUNCIL Page 7 of 8 November S, 2020 Regular Meeting 12% contingency is built in to cover unknown subsurface site conditions should they exist given the history of the old saw mill site. The play equipment has already been removed and the new site will go through the planning and zoning process this coming winter. Council Member Holmes moved to approve the Contract for Services with Falvey's LLC plus a 12% change order amount to grade and prepare site for the new play structure and pathway re-alignment to be installed in the spring and authorize the Mayor to sign all necessary documents. Council Member Maciaszek seconded the motion. In a roll call vote Council Member Holmes, Council Member Maciaszek, Mayor Giles, and Council Member Nielsen all voted aye, and the motion carried. COVID-19 Update Police Chief Justin Williams gave an update. The State regressed to stage 3 by the Governor on October 27`h. The number of positive cases increased to 101 new cases per 1000 persons at a 10.1% positive in testing. The number of people that can gather at indoor events has been reduced to less than 50,bars cannot have anyone standing but must be seated, and the mandate that employers shall maintain social distancing and adequate sanitization for staff and customers. He stated an addendum was developed for the City Action Plan for City facilities. The highlights of the addendum include a 6-foot distance must be maintained between city staff and/or customers;only one person per 64 square feet per area for occupancy; no in-person face to face internal socialization allowed; use of virtual meetings as much as possible; department heads will establish and maintain work pods; remote or telework will be promoted when possible; and department heads will develop a staff model for rotation of staff while still servicing the public (the purpose for these changes is to protect against a complete shutdown of city departments due to infection affecting city services); masks will be worn inside when interacting with others and outside if not able to maintain the 6 foot distance; and no in person meetings unless there are no other options. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. Council Member Sowers has submitted his resignation and City Clerk BessieJo Wagner explained the process of selecting a new council member. A meeting for December 2 at 5:30 p.m. for interviews. A virtual training with ICRMP is planned for November 20. ADJOURNMENT Without further business, Mayor Giles adjourned the meeting at 7:35 p.m. `,���gN���pigqi `,%%% OF ATTEST: =f y=t > Ro ert S. 671es, Mayor O� sit i° BessieJo WtQr6r, City erk MCCALL CITY COUNCIL Page 8 of 8 November S, 2020 Regular Meeting