HomeMy Public PortalAbout2022.08.11 Regular Meeting MinutesMINUTES
McCall City Council
Regular Meeting
McCall City Hall -- Legion Hall
VIA TEAMS Virtual
August 11, 2022
Call to Order and Roll Call
Pledge of Allegiance
Approve the Agenda
Consent Agenda
Public Comment
Reports
Business Agenda
Adjournment
CALL TO ORDER AND ROLL CALL
1
Council President Nielsen called the regular meeting of the McCall City Council to order at
5:30p.m. Council Member Nelson, Council Member Nielsen, , Council Member Maciaszek,
and Council Member Thrower all answered roll call. Mayor Giles was absent.
City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney;
BessieJo Wagner, City Clerk; Sarah Porter, Deputy Clerk; Delta James, Economic Development
Planner; Kurt Wolf, Parks and Recreation Director; Meg Lojek, Library Director; Dallas Palmer,
Police Chief; Nathan Stewart, Public Works Director; Vlatko Jovanov, Network Administrator.
Also, in attendance were, Julie Whitescarver, Chamber of Commerce;
Council President Nielsen led the audience in the Pledge of Allegiance.
APPROVE THE AGENDA
1
Council Member Nelson moved to approve the agenda as submitted. Council Member
Thrower seconded the motion. In a voice vote all members voted aye, and the motion carried.
CONSENT AGENDA
1
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 for reading and study. Items listed are considered routine by the Council and were enacted
with one motion.
1. Payroll Report for period ending July 29, 2022
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August 11, 2022 Regular Meeting
Page 1 of 9
2. Regular City Council Minutes — June 30, 2022
3. Special City Council Minutes — July 1, 2022
4. Warrant Register — GL
5. Warrant Register — Vendor
6. Accept the Minutes of the following Committees
a. Airport Advisory Committee — June 2, 2022
b. Housing Advisory Committee — April 11, 2022
c. Housing Advisory Committee — May 9, 2022
d. Planning and Zoning Commission — May 17, 2022
e. Planning and Zoning Commission — June 7, 2022
f. Golf Advisory Committee — June 8, 2022
g. Library Board of Trustees — June 13, 2022
h. Historic Preservation Commission — June 13, 2022
i. Public Art Advisory Committee — June 27, 2022
7. AB 22-207 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.
Staff has updated the report to separate out short-term rentals (STR) and to show the number
of Declaration of Compliance (DOC) documents received. Staff receives more DOCs than
business licenses for STRs because the property management companies are taking on
additional STR units. Staff are hoped this report tells a more complete story. Action: Council
to review the License report.
8. AB 22-210 Children Pedestrian Safety Grant Agreement
The City of McCall has been awarded a Children Pedestrian Safety (CPS) grant in the amount
of $250,000 to make safety improvements to the E. Deinhard Lane pathway, including
realignment of a section of the pedestrian pathway to create better separation from the roadway
and construction of an ADA ramp to access the pathway near the Commerce Street
intersection, thereby increasing safety and accessibly for children and parents utilizing the
pathway to go to/from the Middle and Elementary Schools. Action: Approve the Children
Pedestrian Safety Grant Agreement (CPS# 2022-22) and authorize the Mayor to sign all
necessary documents.
9. AB 22-218 Request to Approve the Third Extension of Agreement for City Attorney/Civil
Legal Services with White Peterson Gigray & Nichols, P.A
Council selected White Peterson Gigray & Nichols, P.A. as the city's legal services provider
and approved the contract for services effective October 1, 2019. The contract provides for
annual renewal at which time the firm and the city evaluate the retainer hours used in the
previous year to determine any adjustments. Staff has reviewed the retainer hours used to date
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August 11, 2022 Regular Meeting
for FY22 with White Peterson and supports the requested renewal at 55 hours per month of
legal services. The FY23 proposed budget incorporates the new contract estimate. Action:
Approve the Third Extension of Agreement for City Attorney / Civil Legal Services with White
Peterson Gigray & Nichols, P.A. and authorize the Mayor to sign all necessary documents.
10. AB 22-215 Request for Approval of Cougar Restaurant Enterprises, Inc. to Exercise the
Renewal Option for One Five -Year Term for the Commercial Lease of the Restaurant
Portion of the McCall Golf Club
The city has received a written request from Cougar Restaurant Enterprises, Inc. to exercise
the Renewal Option of their commercial lease with the city for the restaurant portion of the
McCall Golf Club, currently operating under the name Banyans on the Green. The current
lease expires on October 31, 2022. According to the commercial lease all other terms and
conditions remain the same. The lease already contains a formula for future rent payments and
increases. The operator has complied with all terms and conditions of the lease and has
operated the restaurant to the city's satisfaction. By authorizing the extension before August
25th, which is the date of the FY23 budget public hearing, city staff can proceed with the new
revenue formulas as part of our FY 23 budgeting process for the Golf Fund. Action: Approve
a 5 -Year extension of the commercial lease with Cougar Restaurant Enterprises, Inc. for the
restaurant portion of the McCall Golf Club with a new termination date of October 31, 2027.
11 AB 22-214 Request for Approval of McCall Senior Community Center Lease Option for
One 2 -Year Term to September 30, 2024
The city has received a written request from McCall Community Center, Inc. DBA McCall
Senior Center to exercise the Renewal Option of their commercial lease with the city for the
building located at 701 1st Street, currently operating as the commercial kitchen site for the
Meals on Wheels food preparation and delivery service, food pantry services, twice -weekly
dinner site for seniors and any other community members on a donation basis, and for provision
of recreational & social support services for the senior and disabled community. The current
lease expires on September 30, 2022. According to the commercial lease:
TO HAVE AND TO HOLD the premises, together with the appurtenances, privileges, rights
and easements thereto belonging, unto the said Lessee for the term of almost five (5) years,
said term to commence on December 15, 2017 and terminate on September 30, 2022. Lessee
shall have the option to renew this lease for additional term of two (2) years each at the same
rent as set forth in Section 1 of this Lease. Action: Approve a 2 -Year extension of the
commercial lease with McCall Community Center, Inc. for the building located at 701 Pt Street
with a new termination date of September 30, 2024 and authorize the Mayor to sign all
necessary documents.
Council Member Maciaszek moved to approve the Consent Agenda as submitted. Council
Member Thrower seconded the motion. In a roll call vote Council Member Maciaszek,
Council Member Thrower, Council Member Neilson, Council Member Nelson all voted aye,
and the motion carried.
PUBLIC COMMENT
1
Council President Nielsen called for public comment at 5:32p.m.
7 General written are comments are included as Attachment 1.
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August 11, 2022 Regular Meeting
Page 3 of 9
Paige Walker, 1302 Louisa, in person
Ms. Walker urged Council to take steps to preserve public property for non -motorized use and city
communication with the public regarding public alley ways and city properties.
Lynn Lewinsky, 713 Broken Rein, in person
Ms. Lewinsky thanked Council and City staff for being open to listening to public comment.
Additionally, Ms. Lewinsky encouraged the way parks and recreation has gone about
communicating with the community regarding the Parks, Recreation, and Open Spaces Plan.
Hearing no comments, Council President Nielsen closed the comment period at 5:38p.m.
REPORTS
1
Chamber Report
Julie Whitescarver Chamber of Commerce Director addressed Council. Ms. Whitescarver gave an
overview of new board members, August events to come, the first Winter Carnival meeting and
new media partnerships.
Council had no questions. Council Member Nelson commented on how much the laborers in
McCall are keeping the community going. Director Whitescarver noted that the Community Fall
Festival currently being planned is in honor of the locals and pathways to say thank you to the
community.
Monthly Department Reports
Council Member Nielsen asked Director Wolf for an update on the new parks and recreation
building. Director Wolf noted that they would take occupancy as soon as August 12, 2022 and the
great work the Information Systems Department has done to get the building ready for staff to
move in. Council Member Nelson commented on the continued appreciation for the updated
Brown Park.
Council Report
No discussion from Council.
AB 22-208 Covid-19 Update
Police Chief Dallas Palmer presented to Council. Chief Palmer noted the community is remaining
in the medium transmission zone instead of high transmission. Additionally, City staff has seen
positives, but facilities remain open, and services are constant. The intention of this agenda item
is to keep the Council up to date with information related to the Covid-19 Pandemic. Staff has
provided an oral update at each Council meeting since the start of the pandemic. At their March
10, 2022 meeting the Council requested that the report be submitted in writing with the option to
ask questions or make comments as necessary during this agenda topic. At the April 28, 2022,
meeting Council determined it was no longer necessary for St. Luke's McCall to provide their
written update. The Police Chief's written update will continue to be added to the packet when
received.
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August 11, 2022 Regular Meeting
Council had no questions or comments regarding the Covid-19 update.
AB 22-209 McCall Police Department Lieutenant Announcement
Police Chief Dallas Palmer presented to Council. In June, the McCall Police Department posted
an internal opening for the Lieutenant position that was vacated by Chief Palmer when he was
promoted to Chief of Police. Two internal candidates applied for the open position. Following the
selection process, Sergeant Seth Arrasmith was selected for the position. He was promoted to the
position of Lieutenant on July 23, 2022. Chief Palmer introduced Lieutenant Arrasmith to Council
as the new Lieutenant of the McCall Police Department. Chief Palmer gave a brief overview of
Arrasmith's accomplishments and history. Lieutenant Arrasmith addressed Council expressing
excitement at the opportunity to grow within the McCall Police Department.
Council and staff present expressed congratulations to Lieutenant Arrasmith. Council Member
Nelson commented on the number of police officers and family members in attendance to show
support for Lieutenant Arrasmith.
BUSINESS AGENDA
1
AB 22-217 Request Adoption of Resolution 22-25 Designating Cougar Island as an Area of
Critical Concern, and Direction to Staff Regarding Preparation of an Emergency
Ordinance and Code Amendments Regulating Waste Disposal from Islands in Big
Payette Lake
Michelle Groenevelt Community and Economic Development Director presented to Council. The
City received a letter from Valley County regarding Cougar Island and the upcoming auction of
the island by Idaho Department of Lands. In response to the County's positions staff proposes that
Council consider taking the following actions: Adopt a Resolution designating Cougar Island an
Area of Critical Concern contingent upon Valley County's ratification of the same, direct staff to
present the County with an emergency ordinance for their adoption to prohibit issuance of land
use approvals and building permits for Cougar Island and prepare draft code language regulating
wastewater and refuse disposal on the island for consideration by the McCall Area Planning &
Zoning Commission which the City believes is necessary and prudent to protect the City's drinking
water source from the impacts of island development.
Director Groenevelt and City Attorney Bill Nichols discussed the purpose and need for these
actions and gave an overview of an emergency ordinance presentation to Valley County to limit
building and land use permits on Cougar Island. To negate any jurisdiction issues Valley County
has on a future agenda to ratify Resolution 22-25 if Council approves the Resolution. Director
Groenevelt noted edits to the Resolution including the second to last whereas statement to be
updated for correct advertised appraisal amount and adding the Resolution number to the footer.
Council Member Maciaszek noted minimum bid for Cougar Island with clarification from John
Lasky the current leasee and owner of the current house on Cougar Island. Attorney Nichols noted
the minimum bid addressed on the resolution is not critical but can be updated if Council chooses
to do so. Council Member Nelson noted interest in adding the most current amount to the
resolution.
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August 11, 2022 Regular Meeting
Council Member Nielsen asked Attorney Nichols about any legal concerns with the city taking an
action. Attorney Nichols noted the Resolution would be contingent upon Valley County ratifying
the Resolution to ensure any jurisdictional issues are addressed. Council Member Nelson asked if
the City is exposed to any liability by taking action in regard to the sale of Cougar Island. Attorney
Nichols noted there will always be a risk with taking action that will impact property. The action
by Council would have to an unconstitutional action to affect liability. Council Member Thrower
commented in favor of the resolution and the clarity on the zoning and residential use included.
Council Member Maciaszek asked Attorney Nichols if the lots sell will the lots be considered non-
conforming lots based on the existing land use laws. Attorney Nichols noted the non -conforming
plat was issued recently and it would be in the hands of the purchaser to investigate the legality of
the non -conforming plat.
Attorney Nichols additionally addressed the issue of annexation noting the potential ability to
annex Cougar Island. It would be a rare case for Idaho as annexing the island would be a city
petition to annex not an owner petition to annex. The island is over five acres and annexation law
changes present challenges to petition annexation for land over 5 acres. Director Groenevelt noted
that staff did not bring the annexation option for a motion due to the limited time frame to take
action. Council Member Maciaszek mentioned Shellworth Island being a similar situation to
Cougar Island in 5 to 10 years. Council Member Thrower and Council Member Maciaszek
discussed ordinances covering future issues such as Shellworth Island. Attorney Nichols noted the
City of McCall and Valley County are on the same page for development on Cougar Island. The
emergency ordinance is an opportunity to address specific island developments that have not had
to be addressed previously. The ordinance is an example of how a development moratorium should
be used. Council Member Nelson expressed agreeability with staff direction. Council agreed to get
Mr. Lasky's perspective.
John Lasky, 1 Cougar Island, noted the Resolution in front of Council only applies to lot 3 on the
island and asked for a broader scope to include the additional lots on the island. Additionally, he
noted that the McCall City Planner has made comments previously stating the lots are buildable
and those comments are included in the appraisal reports for the lots. Council Member Maciaszek
asked Attorney Nichols if only calling out one lot is a typo. Michelle noted it was intended to cover
the whole island and the Resolution can be updated to include the whole island. Mr. Lasky
expressed concern about lot 2 in the future in regard to the future ordinances. Council Member
Maciaszek asked the acreage of lot 2 and Mr. Lasky noted the acreage is .5 and does not include
the special permitting for the land that the septic and solar panel are on. Council discussed how
the auction has been presented by IDL. Council Member Nielsen asked Attorney Nichols for the
correct motion wording to adopt the resolution with all changes discussed. Attorney Nichols
explained the motion to approve the resolution with the correct parcel description to be changed
by staff. Council Member Maciaszek noted utilizing state subdivision plat lots 1-5 recorded
10/31/14 instrument number 388200 for the motion. Council additionally discussed the timeline
for an emergency ordinance.
Council Member Maciaszek moved to adopt Resolution 22-25 Designating Cougar Island an
Area of Critical Concern with two changes; One, in the second to last whereas statement
updating the base bid to be an estimated 10.5 million dollars and, two, to change the
description of the land to be state subdivision plat Cougar Island lots 1-5 as recorded on
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August 11, 2022 Regular Meeting
October 31, 2014 and authorize the Mayor to sign the necessary documents. Council Member
Thrower seconded the motion. In a roll call vote Council Member Maciaszek, Council
Member Thrower, Council Member Nelson, and Council Member Nielsen all voted aye, and
the motion carried.
Council unanimously Direct staff to present an Emergency Ordinance to Valley County to
prohibit issuance of land use approvals and building permits for Cougar Island until new
code can be created and adopted regulating waste disposal from islands in Big Payette lake.
Council unanimously Direct staff to prepare code language regulating waste disposal on
islands in Big Payette Lake and present to the McCall Area Planning & Zoning Commission
and the governing boards.
AB 22-212 Request to Approve Submittal of a Forever Idaho Regional Grant Application
for Local Housing
Delta James Community and Economic Development Planner presented to Council. The Idaho
Community Foundation offers the Forever Idaho Regional Grant Program to support community -
driven defined needs up to $25,000, including housing insecurity. The donated "Toaster" structure,
now successfully relocated to the city -owned parcel on Davis Street, is an example of a creative
solution to the need for local workforce housing. Remodeling of the "Toaster" to provide kitchen
facilities, HVAC and a front entry is needed before the donated structure can be occupied. A
preliminary estimate of the direct costs to complete the remodel is $133,236. The application for
Forever Idaho Grant funds will request support specifically for the kitchen portion of the remodel.
While no direct local match is required for the grant, the balance of funding will be provided by
city budget allocated to local housing from Local Option Tax and FY23 general fund
appropriations. More information about the Forever Idaho Grant Program can be found at:
idahocforg
No questions from Council regarding the Submittal of a Forever Idaho Regional Grant Application
for Local Housing.
Council Member Thrower moved to approve submittal of a Forever Idaho Regional Grant
application for local housing and authorize the Mayor to sign all necessary documents.
Council Member Nelson seconded the motion. In a roll call vote Council Member Thrower,
Council Member Nelson, Council Member Maciaszek, and Council Member Nielsen all
voted aye, and the motion carried.
AB 22-211 Request for Approval to Submit a Grant Application to The Shelton Foundation
to Support Interpretive Signage at Brown Park
Delta James Community and Economic Development Planner presented to Council The McCall
Historic Preservation Commission would like to apply for a Shelton Foundation grant in the
amount of $2400 to support the design and construction of historical interpretive signage at Brown
Park to educate visitors about the timber industry use of the site and the steam equipment used in
the former mill. If awarded, these Shelton Foundation funds will be used to match a pending grant
from the Idaho State Historical Society in the amount of $2500, thereby alleviating the need for
City matching funds.
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August 11, 2022 Regular Meeting
No questions from Council regarding the request to submit a Grant Application to The Shelton
Foundation to Support Interpretive Signage at Brown Park.
Council Member Nelson moved to Approve submittal of a Shelton Foundation grant
application to support interpretive signage in Brown Park and authorize the Mayor to sign
all necessary documents. Council Member Thrower seconded the motion. In a roll call vote
Council Member Nelson, Council Member Thrower, Council Member Maciaszek, and
Council Member Nielsen all voted aye, and the motion carried.
AB 22-216 Request Approval of FY23 USFS Base + Four Year Contract with McCall
Municipal Airport
The purpose of this contract is to facilitate payment of airport fees to the City of McCall from the
US Forest Service (USFS). The contract details annual fees charged to the USFS at McCall
Municipal Airport for their proportionate share of the maintenance of airport runways and
taxiways. The charge is calculated based on the USFS using 16% of the total airport property for
their operations, which amounts to $57,420 annually, which will be paid in an annual lump sum at
the start of the fiscal year (October) versus the previous contract which paid fees quarterly to the
City for O&M. This will relieve administrative burdens to both the USFS and City of McCall. The
fees will be adjusted for CPI each year.
Staff recommended tabling this item for a future meeting.
Council Member Maciaszek moved to table AB 22-216 Request Approval of FY23 USFS
Base + Four Year Contact with McCall Municipal Airport to a future meeting. Council
Member Nelson seconded the motion. In a Voice vote all voted aye, and the motion carried.
AB 22-213 Request to Execute Utility Relocation Cost Agreement with Idaho Power for
Utility Undergrounding on Mission Street
Nathan Stewart Public Works Director presented to Council. In preparation for the reconstruction
of Mission Street (planned for Summer 2025-26), the City has been working with the existing
overhead and underground franchise utilities on relocating their facilities underground and
upgrading their utility lines to minimize any future cuts in the City's roadway after it is
reconstructed. Per the City's franchise agreement with Idaho Power, if requesting to underground
existing utilities (that do not need to be relocated), the City is responsible for 100% of the
conversion costs of undergrounding existing overhead Idaho Power utilities. The City is not
responsible for any utility upgrade expenses. This agenda bill presents the relocation cost
agreement with Idaho Power for the Phase 1 of this project. In Phase 1, all underground conduits
and splice boxes will be installed, but the overhead lines will remain energized. Per the Phase 1
agreement, the City will reimburse Idaho Power $167,200 upon completion of the proposed work.
Once all conduits are installed, and depending on favorable construction weather, the City and ITD
will commence with Phase 2 (pulling new wires underground, energizing underground wires,
converting all customers to underground service connections, and removing all overhead poles).
Approving this agreement will allow Idaho Power to complete the construction work in a timely
manner this summer and progress to other City initiated projects without further delay.
MCCALL CITY COUNCIL Page 8 of 9
August 11, 2022 Regular Meeting
No questions from Council regarding the Utility Relocation Cost Agreement with Idaho Power for
Utility Undergrounding on Mission Street. Council Member Nelson commented on the use of
funds for similar projects.
Council Member Thrower moved to approve the Relocation Cost Agreement with Idaho
Power for the Mission Street utility relocation project; authorize the Mayor to sign all
necessary documents; and authorize staff to manage change orders up to 10% over the
original agreement amount. Council Member Nelson seconded the motion. In a roll call vote
Council Member Thrower, Council Member Nelson, Council Member Maciaszek, and
Council Member Nielsen all voted aye, and the motion carried.
Upcoming Meetings Schedule Discussion
Council discussed upcoming meetings.
Council Member Maciaszek future discussion related to the comment by Paige Walker.
Tentatively schedule for a work session discussion in September.
ADJOURNMENT
Without further business, Council President Nielsen adjourned the meeting at 7:07p.m.
ids
ATTEST:
•
r•
i 0
essieJo W;'gner, Cit lerk Homn o%'
obert S. Giles, Mayor
MCCALL CITY COUNCIL Page 9 of 9
August 11, 2022 Regular Meeting
ATTACHMENT 1
2022.08.11 General Comments
1 8/8/22 16:44:44 David Gallipoli 200 Scott St, po box 2290 McCallIdaho
83638 "To McCall City Council 8/8/2022
I am sorry I will not be able to attend the August 11th meeting, so I am sending this letter. I hope
you will vote yes on
AB 22-217 Request Adoption of Resolution 22-25 Designating Cougar Island as an Area of
Critical Concern.
And please vote yes to move forward to Direct the Staff Regarding the Preparation of an
Emergency Ordinance and Code Amendments Regulating Waste Disposal from Islands in Big
Payette Lake.
I thank the city council and staff for your bold action in sending letters to the IDL and the
County Commissioners, and I am thankful you can act to save Cougar Island for future
generations.
Placing a price on our endowment land to be exploited for development is careless and will have
negative consequences for present and future generations. The land, and more importantly, our
watershed, is priceless. The public has had access to this land for decades, and before that, the
nimiipuu were good stewards of the land and water for sixteen thousand years.
The value of the land and our drinking water is not a commodity to be sold to the highest
bidders; it is irreplaceable.
The reward for your actions today and the battles we need to win to save our endowment land
will benefit everyone and protect and preserve the land, watershed, and wildlife neighbors for
our children, grandchildren, and future generations.
Thank You
David Gallipoli 200 Scott St McCall, ID 83638
2 8/10/22 14:19:35 Danielle Custer 691 N Samson Trail McCa11ID 83638
"Dear McCall City Council,
I implore you to vote yes for, AB 22-217 Request Adoption of Resolution 22-25 Designating
Cougar Island as an Area of Critical Concern.
And please vote yes to move forward to Direct the Staff Regarding the Preparation of an
Emergency Ordinance and Code Amendments Regulating Waste Disposal from Islands in Big
Payette Lake.
Respectfully,
Danielle Custer"
MCCALL CITY COUNCIL
August 11, 2022 Regular Meeting
Comments
Page 1 of 5
3 8/10/22 14:23:59 Phillip Custer 691 N Samson Trail McCal1ID 83638 "Dear
McCall City Council,
I am asking that you save the jewel of McCall.
Please vote yes for, AB 22-217 Request Adoption of Resolution 22-25 Designating Cougar
Island as an Area of Critical Concern.
Please vote yes to move forward to Direct the Staff Regarding the Preparation of an Emergency
Ordinance and Code Amendments Regulating Waste Disposal from Islands in Big Payette Lake.
Phillip Custer"
4 8/10/22 14:39:32 8/10/22 14:50:03 anonymous Ron Erskine 159
Morgan Drive McCallIdaho 83638 "I sent the following content in an email to Mike
Masciaszek who encouraged me to pass it on here.
There has been neighborhood drama recently in River's Crossing over a complaint filed by one
of my neighbors against another. I will share some of the details not to litigate the facts of the
case, but only to illustrate and give context to the real purpose of this message which has to do
with McCall's unfair and inequitable (as this situation will illustrate) code enforcement process.
My next door neighbor recently filed a second complaint against my neighbor across the street.
The complainant is one of those self-appointed nigglers dead set on seeing that rules and his
sense of propriety are enforced to the letter, no matter how de minimis the "infraction" - a
universally held opinion in the neighborhood. His two complaints are against the defendant's dog
whose occasional and brief barking outbursts are nothing...in the category of ""life noises" like
passing cars, children playing, etc.
Watching all this develop, it is clear that the complaint and enforcement process is wildly unfair
and inequitable, to wit:
Once a complainant calls the police and code enforcement and files a complaint at no cost or risk
to him or her, those against whom the complaint is filed are essentially indicted, assumed guilty,
and the full force of McCall's legal resources are brought to bear against them. There was no
investigation, no questioning of others in the area that would give the matter any context or in
any way either substantiate or undermine the complainant's story. I live next door to one and
across the street from the other. I and many of my neighbors might raise questions and suggest
that this is a nuisance complaint. No, the complainant's story is the full and complete evidence in
the matter and without investigation McCall's attorney brings the case against the defendant with
vigor. The "hearing" hasn't happened yet, but the City's attorney has already called the
defendant and offered them a deal (a fine and 20 hours community service instead of 2 days in
jail). All this as a result of a niggling nuisance complaint that no one with any sense would
support. As I said, they are essentially indicted and are faced with the expense of proving their
innocence. And all the complainant has to do is call the City and fill out a brief form.
All this detail is just to illustrate the huge imbalance in the City's complaint process. Call City
Hall and fill out a form. Once you do, the contents of the form become the entire ""facts"" of the
MCCALL CITY COUNCIL
August 11, 2022 Regular Meeting
Comments
Page 2 of 5
case (no investigation). How can the City determine whether the disturbance was done
""intentionally or negligently"" (part of the code, apparently ignored) without some investigation
or assessment?
As a legislator and policy maker for our town, I hope you and your fellow council members will
act to correct this imbalance. It invites nuisance complaints and places an undue burden on a
defendant facing unfounded charges. The defendants spent thousands last time and are
confronted with defending the same groundless claims again.
5 8/10/22 20:27:53 Paul Christensen 1425 Clements Rd. Unit 13 McCallIdaho
83638 There is now a paved extension of Clements Road south from Reedy Lane. How
much of my city tax dollars were used for the construction of the road. I know Planning and
Zoning approved the road and development and I know that Robert Lyons the Chairman of
Planning and Zoning has profited from selling the property and now selling the lots available
with the road completion. Is there a need for an investigation regarding a conflict of interest and
using an appointed City commission seat for profit?
6 8/10/22 22:55:34 Barbara Lewis411 Deinhard lane Ste F191 Mccall Id 83638
Cougar island should be an item of critical concern for our city and lake. We need
environmental studies and to question this rare island's salability
MCCALL CITY COUNCIL
August 11, 2022 Regular Meeting
Comments
Page 3 of 5
From:
To:
Subject:
Date:
David Simmonds
5essieJo Wagner Anette Soickard; Michelle Groenevelt; Mike Maciaszek; William Nichols; Lyle Nelson; Julie
Thrower Colby Nielsen; Bob Giles
Comments on AB 22-217, resolution 22-25 and proposed ordinances
Thursday, August 11, 2022 2:32:43 PM
CAUTION This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Council members and staff,
Please accept our comments on the action items referenced in the subject line of this message.
• It's our understanding that the City has effectively been delegated primacy in source
water protection by state and federal authority. The City has a right to its source water
and a responsibility to protect it by all reasonable and legal means.
• The state has identified the specific water source scope for the City's system - its
depiction includes Cougar Island as well as lands within 1000' of perennial water in the
watershed. This has broad implications for risk management with many of the PELS
transition parcels.
• The state has identified susceptibility to microbial contaminants as a risk factor for the
City's source water.
• The City should take the State at its word and by resolution adopt the IDEQ "Source
Water Delineation Area" as the City's "Source Water Protection Area"
(https://mapcase.deq.idaho.gov/swa/default.html?SRCID=E0006203) with its surface
water buffer of 1000 feet. This would define a commonly recognized area, removing
any ambiguity on the City's part, and constitute an important step in the City's source
water planning process.
• The state now proposes to offer for sale at least one parcel approved for a septic system
abutting the City's source water.
• The state's valuation of the island parcels is based in part on a statement taken from an
expired appraisal by former City staff about buildable lots. That statement was not
informed by the recent perc testing on the island nor by any other new information,
current code, or policy shift of the City in the last few years. So, the claimed values in
the new Cougar Island appraisal may be based in part on incomplete, outdated or
obsolete information from the City about development potential.
• The state's offer for sale of endowment lands abutting Payette Lake with the assumption
of septic systems may be in direct conflict with the IC 67-43 Payette Lake trust which
directs the Governor to preserve the lake in its condition as of 1926.
• While the constitutional endowment lands trust may be superior to the legislative lake
public trust, an important question would be whether the state has the ability or
obligation to try to comply with the lake trust in the course of compliance with its
endowment trust. In other words, compromise and accommodation of both. This may be
ripe for judicial review.
• To us, this seems like a fairly complex set of intertwined issues and authorities, but if
untangled, the threads lead back to the City's primacy in protecting its source water by
all reasonable means, and the State's unresolved conflict with regard to protecting the
lake. Your action in the coming days and weeks will be crucial in determining the future
condition of Payette Lake.
Thanks for your leadership in protecting our water.
MCCALL CITY COUNCIL
August 11, 2022 Regular Meeting
Comments
Page 4 of 5
Dave
David Simmonds
Big Payette Lake Water Quality Council
PO Box 3108
McCall, Idaho 83638
Ce11 208-634-6929
MCCALL CITY COUNCIL
August 11, 2022 Regular Meeting
Comments
Page 5 of 5