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
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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.
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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.
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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:
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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
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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.
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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
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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.
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