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HomeMy Public PortalAbout2023.02.09 Regular Meeting MinutesMINUTES McCall City Council Regular Meeting McCall City Hall -- Legion Hall VIA TEAMS Virtual February 9, 2023 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Public Comment Reports Business Agenda Executive Session Return to Open Session Adjournment CALL TO ORDER AND ROLL CALL 1 Mayor Giles called the regular meeting of the McCall City Council to order at 5:30 p.m. Mayor Giles, Council Member Maciaszek, and Council Member Nelson, all answered roll call. Council Member Nielsen and Council Member Thrower are absent. City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney; BessieJo Wagner, City Clerk; Linda Stokes, City Treasurer; Brian Parker, City Planner; Kurt Wolf, Parks and Recreation Director; Diane Penny, Librarian; Chris Curtin, Information Systems Manager; Dallas Palmer, Police Chief; Vlatko Jovanov, Network Administrator; Meredith Todd, Assistant City Planner; Emily Hart, Airport Manager; David DiMartino, Golf Pro Also, in attendance were Roy Eiguren, Eiguren/Miller Public Policy firm; Don Kostelec, Consultant with Vitruvian Planning. Mayor Giles led the audience in the Pledge of Allegiance. APPROVE THE AGENDA 1 Council Member Maciaszek moved to approve the agenda as submitted. Council Member Nelson seconded the motion. In a voice vote all members voted aye, and the motion carried. MCCALL CITY COUNCIL February 9, 2023 Regular Meeting Page 1 of 11 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 for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. Payroll Report for period ending January 20, 2023 2. Warrant Register — GL 3. Warrant Register — Vendor 4. Accept the Minutes of the following Committees a. McCall Redevelopment Agency — July 26, 2022 b. Golf Course Advisory Committee — September 14, 2022 c. Parks and Recreation Advisory Committee — October 19, 2022 d. Tree Advisory Committee — November 1, 2022 e. Airport Advisory Committee — November 3, 2022 f. McCall Redevelopment Agency — November 8, 2022 g. Golf Course Advisory Committee — November 9, 2022 h. Airport Advisory Committee — December 2, 2022 i. Library Board of Trustees — December 12, 2022 j. McCall Historic Preservation Commission - December 12, 2022 k. Golf Course Advisory Committee — December 14, 2022 1. Parks and Recreation Advisory Committee — December 21, 2022 5. AB 23-029 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 a decision. The City Clerk is also responsible for all processing of business, taxi, snow removal, pawnbroker, child daycare licenses, vendor and short-term rental permits, and public event applications. Action: Council to review the license report. Council Member Thrower joined the meeting. Council Member Maciaszek moved to approve the Consent Agenda as submitted. Council Member Nelson seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Nelson, Mayor Giles, and Council Member Thrower all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 2 of 11 February 9, 2023 Regular Meeting PUBLIC COMMENT 1 Mayor Giles called for public comment at 5:35 p.m. One written comment received is included as Attachment 1. John Farmer 630 Ruby St, McCall Mr. Farmer expressed concern regarding the water intake building on Davis Beach noting that the City should relocate it or bury it. Additionally, it affects property values, and it violates the deed restriction placed on Davis Beach when it was deeded to the City with the stipulation that the site was to be used for a public park. Mr. Farmer feels that the 8% parcel that the intake building occupies violates that deed restriction. Dave Simmonds, 506 Sunset St, McCall Mr. Simmonds made comments related to the wildlife in town, particularly the cougars, and encouraged Council to have some kind of regulations against feeding wildlife. Mr. Simmonds also commented on the recent propane spill on Hwy 95 stating concern that such a spill could happen in downtown McCall. Water protection is very important and there needs to be a plan to protect the City's water from such a spill. Additionally, Mr. Simmonds commented on the presentation of new legislation regarding the Big Payette Lake Water Quality Act by Roy Eiguren which is scheduled later in the meeting. Mr. Simmonds stated that the Big Payette Lake Water Quality Council has voted to support that legislation and asked that the Council consider supporting the legislation as well. Jeff Mousseau 105 Brundage View Court, McCall Mr. Mousseau also commented on the presentation regarding the Big Payette Lake Water Quality Act legislation by Roy Eiguren and noted being in favor of the Council supporting the legislation. Additionally, noted by Mr. Mousseau was the importance to support the legislation to protect the quality of the City's drinking water now and into the future. Adrienne Meckel, 960 Elo Rd, McCall Ms. Meckel of Tony Meckel Excavating and Roll -Off Container Service expressed concern regarding the process used for the waste disposal contracted 10 years ago. The current contract is coming to an end and Ms. Meckel hopes that the Council will value a local business in the process. Additionally, Ms. Meckel gave an overview of what Tony Meckel Excavating and Roll -Off Container Service offer and the different community events the business has supported such as the Woody Debris program. Deb Fereday, 315 Burns Rd, McCall Ms. Fereday spoke in favor of the Council supporting the Big Payette Lake Water Quality Act legislation by Roy Eiguren on behalf of the Payette Endowment Lands Alliance, also known as PELLA. A big part of PELLA's mission is about protecting the watershed for Payette Lake. Andy Oliveria, a member of Valley County Pathways Mr. Oliveria stated that Valley County Pathways creates and maintains trail systems on the valley floor, both on land and on water. The organization is in support of the Big Payette Lake legislation and hopes that the Council will also support it. Mr. Oliveria noted that the legislation promotes a MCCALL CITY COUNCIL Page 3 of 11 February 9, 2023 Regular Meeting healthy community and a healthy water system which is needed in a fast-growing, highly recreated community. Joey Petrie, 225 Valley Springs Rd, McCall Mr. Petrie stated support for all the comments made previously this evening. Hearing no further comments, Mayor Giles closed the public comment period. REPORTS 1 Chamber of Commerce Julie Whitescarver, Chamber of Commerce Executive Director updated the Council on the wrap- up of Winter Carnival and thanked Mayor Giles and former Mayor Dean Martins for participating in the festivities. Director Whitescarver also thanked the McCall Fire Department, the McCall Police Department, and the City Staff. Department Reports Council Member Nelson asked for clarification on the Clerk report related to the number of short- term rentals (STR). City Clerk BessieJo Wagner clarified the numbers and reminded Council that all the short-term rentals that used to be under property management companies now have to get their own permits. The numbers are a little inflated in that STRs had not had a permit before because STRs fell under a property management company. Council Member Thrower asked if 636 was the current number of vacation rentals in the City. Clerk Wagner clarified that over the next couple of months, the Clerk's Office would have a more accurate count. Council Member Thrower also stated that the Council should not let the fire sprinkler issue fall by the wayside. It is an important health and safety issue. City Manager Anette Spickard clarified the Resort City Coalition is still discussing the short-term rental issues whether or not the legislature is discussing short-term rentals. Council Report Council had nothing to report. AB 23-028 Request for Support of Big Payette Lake Water Quality Act Legislation for 2023 Session Roy Eiguren of the Eiguren/Miller Public Policy firm presented to Council. The legislation would re-establish the Big Payette Lake Water Quality Council (BPLWQC) which sunset in 2005. The State of Idaho has since assumed the Department of Environmental Quality responsibility for compliance with the federal Clean Water Act and has responsibility for monitoring and reporting on the water quality of Big Payette Lake. This bill will not change that. Under this proposal, the new BPLWQC would have nine (9) members appointed by the Governor including one elected member of the McCall City Council. A request to support similar legislation was presented to Council in January and February 2021. Council at that time asked for more information about how plans created under this legislation would impact the upcoming Valley County Waterways Management Plan and how the activities would be funded. Most of the Council indicated an MCCALL CITY COUNCIL Page 4 of 11 February 9, 2023 Regular Meeting interest in supporting the bill depending on those answers but before a letter of support could be prepared, the city was informed the legislation would not move forward. Roy Eiguren introduced himself to the Council and gave a brief background of the original Big Payette Lake Water Quality Act of 1992. Mr. Eiguren stated that due to population growth in the area there is increased pressure on the lake and with that, there are a lot of concerns that the water in the lake is deteriorating to some level. It would be appropriate to bring back the Council because the Council was disbanded by the operation of the Big Payette Lake Quality Act itself. The concept was that after a period, which was seven (7) years, plus three (3) that the Council would develop a plan and various federal, state, and local agencies would then implement that plan and that is really what occurred. The plan was very comprehensive and dealt with a wide variety of issues. The University of Idaho has been conducting a study of the water quality in the lake, that shows it is appropriate to bring the Council back statutorily. The study should be completed this year. Mr. Eiguren clarified that the legislation reestablishes the Big Payette Lake Quality Council. It adds two (2) new additional members to the Council. Mr. Eiguren would represent the irrigation interests, there would be someone to represent the environmental groups and then it provides a process to incorporate the new study into the plan. The fiscal impact of this legislation has no impact on the general fund of the state. The program, the plan, and Council in the past were funded by various sources. Some grant money and some locally raised funds. Mayor Giles asked if the legislation is enacted as written, would the proposal include an official member of the Water Quality Council as a member the of City Council. Mr. Eiguren confirmed that a member of the City Council would be an official member of the Water Quality Council. City Council asked to whom the Water Quality Council would be an advisor. Mr. Eiguren stated that it would be an advisory Council to DEQ, and the advisory function of the Council would also be to advise members of the City government of McCall, the Valley County Commissioners, and then all the various state and federal agencies that have a responsibility for management or other operations at the lake in some fashion. Mr. Eiguren clarified that in the past the plan was adopted and then the various agencies took their part of the plan under advisement, and in large measure accomplished, the advisory recommendations that came out of the plan. Additionally, the Water Quality Council would have the responsibility to develop the plan and then the Water Quality Council would have the responsibility to monitor the plan and determine whether the agencies are following the plan. The Water Quality Council would not have any regulatory authority. Council Member Maciaszek commented that he appreciated all those who want to help protect the lake, the landscape, the watershed, the community's way of life and quality of life, and community values. Council Member Maciaszek stated confusion by the legislation as a Waterways Management Plan was just completed in October of 2022 for Valley County including Big Payette Lake. Mr. Eiguren noted being familiar with the plan just not in detail. Council Member Maciaszek stated that the plan that was just adopted sounds like the legislation that is being proposed and expressed concern that the if passed, the legislation would take away from the local planning efforts. The Waterways Management Plan was a two-year effort with many from the community participating in the effort. Again, Council Member Maciaszek expressed concern about losing local control to protect the lake. Mr. Eiguren responded stating that the plan MCCALL CITY COUNCIL February 9, 2023 Regular Meeting Page 5 of 11 that was adopted by the Big Payette Water Quality Council, was in much greater detail and much more in-depth in terms of the specific issue of water quality. Additionally, the scientific study coming from the University of Idaho would be supplemental to the existing plan that was adopted by the Water Quality Council some number of years ago. The Lake Management Plan deals with issues beyond water quality and the Water Quality Council would not have any responsibility for anything beyond water quality itself. Council Member Maciaszek again expressed concern that there are many local groups that are working on the watershed and the other aspects that affect the water quality of Big Payette Lake. Council Member Maciaszek does not see the benefits of the State overseeing the water quality of Big Payette Lake. Mayor Giles stated that DEQ would be in charge and not the Department of Lands and that DEQ is very much concerned with water quality including Big Payette Lake. Mayor Giles noted that many local groups have spoken in support of the new legislation. It was asked if Mr. Eiguren had a sponsor to carry the bill at the legislature. Mr. Eiguren affirmed that representative Matt Bundy would sponsor and that a senate sponsor was still in the works. Mayor Giles asked how the Waterways Management Plan and the Big Payette Lake Water Quality Act would work either together or in their own lane. Mr. Eiguren responded that they were in separate lanes and parallel. The fundamental difference is that this gubernatorial -appointed Water Quality Council would be advising the Department of Environmental Quality, and the DEQ has statutory and rule authority over water quality and the Big Payette Lake as it does, on all bodies of water across the state. Council Member Maciaszek asked why the legislation did not go to the legislature last year. Mr. Eiguren responded by stating that it didn't go last year due to the Valley County Commission having suggested that Lake Cascade be included. There was a strong objection to that from the Water Users Association. Valley County had submitted its opposition to the legislation. Mr. Eiguren explained that in the interim between the last session and this session Valley County has inserted language that protects the county's water right interests, and now have no objections to the legislation. Council Member Maciaszek stated that from a local government planning standpoint, the region does a good job and overall, expressed concern that the legislation would conflict with local planning efforts. Council Member Maciaszek noted concern that a State appointed committee would not be as accessible to the public. The City Council should be the leaders for the community and not something that comes through the legislature. Mr. Eiguren verified that the legislation had been presented to the Valley County Commissioners, and the Commissioners were supportive of the proposal. Mr. Eiguren also clarified that the legislature would only have the role of adopting the piece of legislation but would have no authority over the ultimate plan. The Water Quality Council would be made up of representatives of the community. There was some discussion with the City Council and staff regarding the status of the county with the waterways plan and this proposed legislation. It was clarified that the Valley County MCCALL CITY COUNCIL Page 6 of 11 February 9, 2023 Regular Meeting Commissioners, although gave verbal support, are waiting on a letter in support of the legislation to make it official. The Commissioners have also directed staff to prepare a Resolution to adopt the Waterways Plan at their next meeting. Once the Commissioners have adopted the Plan then it will be on the City Council Agenda for adoption as well. Once the Commissioners have adopted the plan their next steps would include developing an Ordinance to implement the plan. There was some discussion regarding the makeup of the Water Quality Council. Four (4) of the Council Members could see how the two plans could both be beneficial and are willing to work through any conflicts with the two plans. It was also clarified that the proposed legislation states that plans and recommendations of this legislation shall not adversely affect or interfere with the administration use of existing water rights entitlements sourced from the lake water rights established or with a Lake Management Plan adopted by Valley County or the City of McCall. City Attorney Bill Nichols advised that the need for support is now to get the legislation into committee, so it would not be helpful to wait on the Valley County Commissioners action prior to City Council making a decision. Mr. Eiguren clarified that a letter was not necessary, he was simply asking for support from the City Council. Council Member Thrower moved for the Council to have Roy Eiguren add the City of McCall to the list of support for the legislation for the Big Pay Lake Water Quality Council. Council Member Nelson seconded the motion. In a roll call vote Council Member Thrower, Council Member Nelson, and Mayor Giles, all voted aye, Council Member Maciaszek voted no, and the motion carried. BUSINESS AGENDA AB 23-027 Request to Approve Resolution 23-02 Adopting Access McCall: ADA Self - Assessment & Transition Plan City Clerk BessieJo Wagner introduced Don Kostelec with Vitruvian Planning to Council. On December 16, 2022, Council had a Work Session that provided an overview of the findings related to Access McCall: ADA Self -Assessment & Transition Plan as they relate to public buildings and public rights of way in McCall, which are the focus of the Plan. As a result of the work session and additional comments from staff and legal counsel, the consultants were able to incorporate that information into the final draft for adoption. Mr. Kostelec presented the Access McCall: ADA Self -Assessment and Transition Plan to Council. Cities with fifty or more employees and recipients of certain federal funds are required to do an ADA transition plan that consists of a self -assessment. Mr. Kostelec evaluated the city's projects, programs, and policies, to identify a plan to transition to compliance over a series of years that stems from the Americans with Disabilities Act. Mr. Kostelec thanked Council's leadership and staff for being able to go above and beyond the minimums to identify themes, ideas, and concepts, or broader accessibility, not just simply meeting a technical ADA requirement. Mr. Kostelec explained that many of these themes are not new for the City as ideas and concepts related to accessibility are reflected in many of the City's plans. The Pros Plan is in process and MCCALL CITY COUNCIL Page 7 of 11 February 9, 2023 Regular Meeting the decision on what ultimately happens at Riverfront Park will have impacts on accessibility over and above what was evaluated in those facilities today. Mr. Kostelec reviewed that the Plan and will assist the City in prioritizing where funds go for public buildings. Additionally stated that the primary function area, the access getting to the building, and the main intent for the building for public purposes were evaluated to determine how to make those public areas compliant. Mr. Kostelec then discussed city streets, sidewalks, and curb ramps showing the Council some top -priority sidewalks and stating that when a street is resurfaced or rebuilt, it gives an opportunity to update curb ramps to ADA standards. When upgrades or new development happens, these streets, sidewalks, and curb ramps may or may not be on the priority list but will get the ADA improvements needed. These improvements will be made over time starting with things like policy and program updates and discussing whether the City will continue with sidewalk maintenance for the downtown core or will that responsibility revert to the property owners as outlined in city code. Also, within the plan is to dedicate $50,000 in the budget each year to ADA improvements. The Transition plan is meant to be fluid based on the realities the City faces with climate and geography. The important thing is that staff document when a priority project cannot get done due to failure to get bids, a budget shortfall, or whatever obstacle it may be. An annual report on the progress made is highly recommended and essentially becomes an amended part of the transition plan. Mr. Kostelec stated that the main priorities are public buildings and facilities and recommended that staff contact ITD with the findings of the ITD right of way within the transition plan. ITD does not generally look at things like pedestrian push buttons or sidewalk surface conditions. Mr. Kostelec went over some of the priority projects such as the Senior Center, the parking lot behind City Hall, the Civic campus access, the boat dock upgrades, pedestrian routes across the boat dock, the Historical Museum, and Gold Glove Park. Some rights of way tier two projects mentioned are curb ramps, truncated dome placement and repair. There is currently approximately 1200 linear feet of sidewalks to look at replacing from a surface condition. Mr. Kostelec also touched on the lack of sidewalks down Hwy 55 and the need for the City to work with ITD. Mr. Kostelec reiterated that documenting design exceptions, on the legal side, can help avoid a claim when it is not feasible to make it fully compliant. Staff must document why full compliance as not feasible. Mr. Kostelec developed an accessibility exception certification form for the City. If someone does decide to pursue litigation against the City, the City can show that it was not done out of ignorance or malice, it was a well-informed decision. This documentation will help to reduce liability. The intent is to document and reduce the chances of being sued. An annual report will document the City's progress and making good on the City's public commitment. Also, from the litigation standpoint, the City is showing that it is transitioning its systems to compliance. This can be done either at the end of the fiscal year or the calendar year. It may make sense to do the fiscal year due to the construction season being pretty well -wrapped up by then. The types of things reflected in the annual report could be website design ADA updates, sidewalk improvement, upgrades done due to a grant received, and ADA improvements built into the capital improvement plan. MCCALL CITY COUNCIL Page 8 of I1 February 9, 2023 Regular Meeting It was discussed as to who would be responsible for this report. Mr. Kostelec gave an example from another city that it was a combined effort of Planning and Zoning, Public Works, and GIS. Some cities have a Disability Advisory Group that assists with the annual report. The next step, once the plan is adopted, it needs to be posted to the website. Then in the next few months begin evaluation of policy changes that will need to work into a regular code update. Some recommendations were made to be considered such as the implementation fund for this year's Annual Progress report. The Council thanked Mr. Kostelec for his work. There were no other questions or comments related to the Access McCall: ADA Self -Assessment & Transition Plan Council Member Maciaszek moved to approve Resolution 23-02 adopting Access McCall: ADA Self -Assessment & Transition Plan and authorize the Mayor to sign all necessary documents. Council Member Thrower seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Thrower, Mayor Giles, Council Member Nelson all voted aye, and the motion carried. AB 23-026 Request to Approve Findings of Fact and Conclusions of Law Document for ZON- 22-02 at TBD Stibnite Street for the McCall Donnelly School District and Associated Development Agreement City Planner Brian Parker presented to Council. An Application for a Rezone to change the zoning of the subject property from CV — Civic to R8 —Medium Density Residential to facilitate a future development of employee housing. During the regularly scheduled January 12, 2023 City Council meeting, the Council voted to approve the subject rezone application. The Council received the following associated documents for the Stibnite Project for MDSD in their packets: Findings of Fact and Conclusions of Law document reflect and memorialize that decision. Development Agreement establishes expectations for phasing, review, and conceptual development plans. Mayor Giles confirmed with the City Attorney that the agreement had been vetted through his office and that there were no concerns. City Attorney Bill Nichols confirmed that there were no concerns raised. Council Member Thrower moved to approve the Findings of Fact and Conclusions of Law for ZON-22-02; Council Member Nelson seconded the motion. In a roll call vote Council Member Thrower, Council Member Nelson, Mayor Giles, and Council Member Maciaszek all voted aye, and the motion carried. Council Member Nelson moved to approve the Development Agreement for ZON-22-02 and authorize the Mayor to sign all necessary documents. Council Member Maciaszek seconded the motion. In a roll call vote Council Member Nelson, Council Member Maciaszek, Mayor Giles, and Council Member Thrower all voted aye, and the motion carried. AB 23-025 Request for Vendor Fee Evaluation and Direction to staff MCCALL CITY COUNCIL Page 9 of 11 February 9, 1023 Regular Meeting City Clerk BessieJo Wagner presented to Council. On January 12, 2023 City Council reviewed the Staff recommendation to change the Annual Vendor fee to $140 to match the Business License fee for a new business and to cover the extra time it takes to get the proper approvals from the landowners. This fee would cover a Vendor that is in one location for a year. The Vendor would, however, pay the $ 50 -a -day fee if they chose to move locations. Staff would also recommend eliminating the 6 -month permit fee. These fees more accurately cover staff time to administer. After considering Council's questions and comments staff is recommending the annual fee to be clarified as a 3-12 month permit in the same location, maintaining the $50 a day fee if they choose to move locations. Mayor Giles asked if Clerk Wagner felt that she had considered Council Member Nielsen concerns. Clerk Wagner responded that staff covered the concern regarding the multiple locations in one year. By changing the annual permit to a long-term permit of 3-12 months would enable someone to be in multiple locations long-term in one year. Clerk Wagner also stated that staff understood that Council Member Nielsen was not in favor of the $50 per day charge to move location but that fee covers the cost to administer the change in location. Council Member Nelson asked if this process makes it cheaper. Council directed staff to schedule a public hearing to adopt the revised fees for Vendor Permits. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. EXECUTIVE SESSION 1 At 7:45 p.m. Council Member Maciaszek moved to go into Executive Session for: • Exempt Records 74-206(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code; • Litigation 74-206 (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement. Council Member Thrower seconded the motion. In a roll call vote, Council Member Council Member Maciaszek, Council Member Thrower, Mayor Giles, and Council Member Nelson all voted aye, and the motion carried. Council discussed records that are exempt and a possible litigious subject. RETURN TO OPEN SESSION 1 At 8:44 p.m. Council Member Thrower moved to return to Open Session. Council Member Nelson seconded the motion. In a voice vote, all members voted aye, and the motion carried. MCCALL CITY COUNCIL February 9, 2023 Regular Meeting Page 10 of 11 Council took no action related to the Executive Session. ADJOURNMENT 1 Without further business, Mayor Giles adjourned the meeting at 8:45 p.m. ATTEST: _) Robert S. Giles, Mayor De3?Ay 64y Glev-k.. ScV BessieJo Wagner, City Clerk otpn t t l'l? ``, C C 41, dr SEAL • o 7:1 7C 40.0 vis j17h`era ���fr�rctt�t►a0t MCCALL CITY COUNCIL February 9, 2023 Regular Meeting Page 11 of 11 ATTACHMENT 1 From: David Simmonds To: BessieJo Wagner; Anette Soickard• Bob Giles* Colby Nielsen• )ulie Thrower; Mike Maciaszek; InelsonCalmccall.id.id.us; Michelle Groenevelt Cc: Rov Eiguren; Laura Shealy Scott Harris; Deb Feredav Subject: AB 23-028 of 02/09/23- Request that City Council support proposed amendments to the Act Date: Wednesday, February 8, 2023 9:35:03 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. Mayor, Councilmembers and staff, The present, non-profit Big Payette Lake Water Quality Council has reviewed, and voted to support, Roy Eiguren's newly proposed amendments to the 1993 Big Payette Lake Water Quality Act, IC 39-66. Primarily, the amended Act would re-establish a statutory water quality council for Payette Lake much as had existed from 1993 to 2005. The opportunities we see include: • A way to off-load potentially difficult water quality challenges from local jurisdictions which may not have an explicit water quality portfolio • An appointed working -group structure, with a technical committee and the ability to call on outside resources to tackle water quality challenges • A dedicated seat for a City of McCall elected official, to help focus actions based on local needs and local control • Credibility, due to the members' appointment by the Governor, and the legislatively framed structure and mission • Reinforcing the State's commitment to its trust responsibilities for Payette Lake protection under IC 67-43 While the proposed Council's diverse makeup would not guarantee a sole focus on its water quality mission, having stakeholders from all sectors does make acceptance of both the legislation, and the advice of such a Council, more likely to gain traction and achieve success. While a statutory water quality council could essentially replace our existing non-profit, we feel that may be an effective evolution for lake protection. How our group might continue as a separate organization if the Act amendments become law, remains to be determined. We urge the McCall City Council to likewise endorse a letter of support for Roy Eiguren's proposed amendments to the Act. Thank you for your consideration. David Simmonds, outgoing President Big Payette Lake Water Quality Council PO Box 3108 McCall, Idaho 83638 Ce11 208-634-6929