HomeMy Public PortalAboutCouncil Minutes 2004 06/29MINUTES
McCall City Council
Special Meeting
Tuesday, June 29, 2004
Table of Contents
Call to Order and Roll Call
Pledge of Allegiance
Business
• AB 04-110
• AB 04-34
• AB 04-111
Reports
Police Chief
Executive Session
Personnel
Adjournment
Idaho Power Easement for the East-West Loop Project (Deinhard
Lane)
Ordinary and Necessary Expense for Necessary Improvements to
the Domestic Water System
City Manager Replacement
CALL TO ORDER AND ROLL CALL
Mayor Eimers called the special meeting of the McCall City Council to order at
7:02 p.m. Mayor Eimers, Council Member Bertram, Council Member Greer,
Council Member Muller, and Council Member Robertson answered roll call. A
quorum was present. City staff members present were City Attorney Paul Turcke,
Deputy City Manager and Community Development Director Lindley Kirkpatrick,
Treasurer Amanda Townsend, Public Works Director Bill Keating, Police Chief
Ralph Appa, Parks and Recreation Director Brock Heasley, Librarian Anne
Kantola, Airport Manager Kevin Delaney, Network Administrator Dave Simmonds,
Public Works Administrative Assistant Liz Tash, Grant Coordinator Carol Coyle,
and Assistant to the City Manager Tina Clark.
Mayor Eimers led the Council in the Pledge of Allegiance.
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PUBLIC COMMENT
Mayor Eimers called for public comment.
Louie Howard, owner of Lardo's, said he believes there is a feeling of distrust for the
McCall Police in the community, which started two years ago. He mentioned that an
employee of Lardo's, Jared Wolfinger, reported he was stopped by McCall Police
officers on June 25, 2004 at12:00 a.m., as he walking home from Beside the Mill. Mr.
Howard stated that he feels that the McCall Police Department is out of control.
Jared Wolfinger reported that he was at Beside the Mill Friday June 25, 2004, having a
few drinks. He said that Tim Garber, owner of Beside the Mill, made sure that Jared
was okay to walk home or that he had a ride. He reported that two blocks from home he
was stopped by police; the officers asked if he was okay. Jared said he responded that
he was okay and that he was nearly home. He reported that one officer grabbed his
arm and said there were reports of gunfire in the area. Jared said he didn't hear or see
anything and that he was on his way home. Jared said that the officer proceeded to jerk
Jared around causing him to trip and skin the top of his toes on one foot. He said the
officer asked his name, and Jared gave it and asked to go home. He said his name
was run through the police computers, and there was an outstanding warrant from four
years ago. He said the warrant was for littering, which he says he paid and holds a
receipt showing payment. Jared reported that the police placed him under arrest, but
did not tell him what he was being arrested for. He said he was taken to Cascade were
he was held overnight, wearing only his pants. Jared said the police did not book him
until 9:00 a.m. the next morning, which was when he was able to make a phone call.
Sadie Dunn read a letter on behalf of Tim Garber, saying that he feels that in the 33
years his family has been doing business in McCall, common sense, integrity, mutual
respect, for the most part, has been shared among city government, city police
department, and business leaders. He mentioned that he feels that has changed and
indicated concern about how the McCall Police Department has investigated certain
crimes in the area.
Louie Howard said he is tired of the police department policing by what he views as
breaking the law. He mentioned that on June 25, 2004, 27 parking tickets were handed
out, and over half were within two blocks of the Yacht Club. He said he feels as though
there is a conspiracy.
Police Chief Ralph Appa reported that this is the first he has heard of Jared's arrest.
He said he would look into the incident first thing in the morning. He said this is
unfortunate because Louie Howard is on the Police Advisory Committee and he thought
they had the ability to communicate. Chief Appa also replied that there were
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approximately 27 tickets issued throughout the downtown area for two hour parking
violations. There is an issue about inadequate signage which Chief Appa is looking into.
Kathy Malone, co-owner of the Yacht Club, said an employee received a parking ticket
at night and another employee was parked by Frontier where there were no signs and
received a ticket. She said this sends a message that McCall is not a tourist friendly
town and it is not good for the City. She feels it is a problem that needs to be
addressed.
Council Member Bertram said the perception of the business owners is that McCall still
has a problem.
BUSINESS
AB 04-110 Idaho Power Easement for the East-West Loop Project (Deinhard Lane)
Lindley Kirkpatrick said Idaho Power has requested an easement from the City for
installation of electrical transmission lines along a portion of Deinhard Lane (also called
East-West Loop). The construction will require the relocation of a short segment of
their lines. This easement covers the new location. Staff recommendation is to grant
the requested easement to Idaho Power and authorize the Mayor to sign all necessary
documents.
Council Member Bertram moved to approve the requested easement to Idaho
Power and authorize the Mayor to sign. Council Member Muller seconded the
motion. In a roll call vote, Mayor Eimers, Council Member Muller, Council
Member Robertson, Council Member Greer, and Council Member Bertram voted
aye. The motion carried.
AB 04-111 City Manager Replacement
Mayor Eimers said Council asked him at the June 24, 2004 City Council meeting to visit
with all department heads. Mayor Eimers put together a presentation on his findings.
He thanked the staff for taking the time to meet with him and thanked them for their
candor.
Mayor Eimers said for City Staff and Council Members the objective is to meet in the
middle and build a team. He said predictability with the new election has changed, with
new members there are different views. He believes there is a different perception of
the Council/staff relationship today than there was six months ago. He feels the staffs
view of Council is adversarial: that staff feels wrong or guilty; the staff feel like the
Council is micro -managing; they feel as though the Council is questioning their
decisions; and therefore the staff becomes fearful of making a decision. He indicated
that the staff is unclear as to what the Council would like them to do.
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Mayor Eimers said the Council's review of the staff is that they are unresponsive to the
community and the Council. He suggested solutions: 1) Council and staff be sensitive
to each other's views, 2) Council spell out their vision and expectations, 3) hold regular
non -confrontational work sessions, and 4) Council support staff and staff respond to
Council. Mayor Eimers said he feels it is silly and they can do better, the key is to
communicate. He believes separation of Council and staff is real at the moment and
unnecessary and unproductive.
Council Member Bertram wanted to know the definition of micro -management. Brock
Heasley said the staff understands it as a directive, not a suggestion.
Mayor Eimers said that everyone needs to be sensitive and communicate.
Council Member Bertram said Council is the first line to the community. Mayor Eimers
said staff should not take offense when things come from the community to a Council
Member.
Council Member Muller said he would like to know what micro -managing is from the
staff. He feels Council and staff need to be on the same page and the community
needs to be included. Mr. Kirkpatrick said perhaps micro -management in one context or
with one relationship between staff and Council and can mean different things. When
it's an unknown or perceived distrust, just that simple question "why are we doing it this
way?" could be perceived as micro -management.
Paul Turcke said Council Members wear at least three different hats: 1) a member of
the community, 2) conduit for information, and 3) in a formal setting as a member of
Council participating in discussions. Communication in the other two capacities by
definition cannot be micro -management, because none of the members of the Council
can do anything on behalf of the City of McCall individually.
Dave Simmonds gave an example of perception, regarding the holiday issue and the
change in the personnel policy manual. The perception from city staff wondering what
will be taken away next, such as a change in the vacation policy, sick leave, health, and
dental. It seemed like a very sudden reaction on the part of Council and it spooked the
staff.
Lindley Kirkpatrick said the best part about a perception problem, is that it can be
changed.
Council Member Muller said the Council speaks for the community, the tax payers pay
the bills, the City staff and Council salaries, and without them the City of McCall would
not exist.
Council Member Robertson said the paper from the International City Managers
Association talks about the City Manager form of government. The paper makes one
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statement that the Mayor, the Council, and the City Manager constitute a policy
development and management team. Council Member Robertson said in his
perception the City has been away from that. He believes it has been a policy
development separate from a management team.
Lindley Kirkpatrick said at the staff level they looked at a suggestion to the Council on
how to precede with hiring a new city manager. There are three changes the city staff
would like to implement effective June 30, 2004: 1) Hire a City Clerk 2) GASB 34
implementation, and 3) hire a Development Review/Plan Checker in the Community
Development Department.
Mayor Eimers moved to approve the three changes the city staff would like to
implement effective June 30, 2004. Council Member Bertram seconded the
motion. All Council Members voted aye. The motion carried.
Lindley Kirkpatrick discussed the brief and long term search for a new City Manager.
Council Member Bertram said she is not interested in a nation-wide search, and
believes there is enough expertise within the City. She said the City needs someone
who has been here and understands the dynamics of the City and shares the same
philosophy. She said she feels confident that Lindley Kirkpatrick would do a good job.
Council Member Greer said he is comfortable with Lindley Kirkpatrick and that he has
the knowledge and professionalism to be City Manager.
Lance Rogers, McCall Police Department, said if the Council decides to go with Lindley
Kirkpatrick, the Council will be sending a great vote of confidence to employees as they
trust the leadership that they have in place. He feels this would be a good decision for
the entire city, community, and employees.
Mayor Eimers made a motion to appoint Lindley Kirkpatrick as the new City
Manager as of July 3, 2004, and to immediately commence a search for a
Community Development Director contingent upon a successful negotiations in
executive session. Council Member Bertram seconded the motion. In a roll call
vote, Mayor Eimers, Council Member Muller, Council Member Robertson, Council
Member Greer, and Council Member Bertram voted aye. The motion carried.
AB 04-34 Ordinary and Necessary Expense for Necessary Improvements to the
Domestic Water System
Paul Turcke said the Department of Environmental Quality has extended a tentative
loan offer at 3.25% interest under the state revolving fund loan program in the amount
of $1,800,000.00.
Council Member Muller moved to adopt Resolution 04-10 and approve the draft
DEQ loan agreement and direct the City Attorney to petition the court for judicial
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confirmation of this action at the appropriate time and authorize the Mayor to
sign. Mayor Eimers seconded the motion. In a roll call vote, Mayor Eimers,
Council Member Muller, Council Member Robertson, Council Member Greer, and
Council Member Bertram voted aye. The motion carried.
REPORTS
Police Chief — Ralph Appa thanked Mayor Eimers for his time and efforts this past
week in gathering information and presenting it to Council, and said he feels the City is
headed in the right direction. He made reference to his comments from the June 24,
2004 Council Meeting, saying that he made an error in judgment using an improper
word describing an executive session with him on April 8, 2004. Reviewing the Idaho
Statues, Chief Appa realized that he was incorrect in phrasing the April 8, 2004 session
as an illegal executive session and apologized to the Council for his inaccuracy. He
explained that the City was coming off an emotional and dramatic time in City
government with Robert Strope's departure. Chief Appa said he was feeling emotional
and vulnerable during the City Council meeting on June 24, 2004 over that loss. He
said he was taken by surprise when Council asked the City staff for their opinions and
feelings on the matter. He said he takes full responsibility for his comments and asked
that the Council accept his apologies.
Council Member Bertram said she spent the weekend very distressed over the
accusation of holding an illegal executive session during the April 8, 2004 Council
meeting. She said the Council had representation during the meeting and takes the
accusations seriously when the Chief of Police accuses the Council of holding illegal
activities.
Council Member — Jerry Greer received a call from Todd Ferguson regarding a
business proposal. Lindley Kirkpatrick said the City of McCall has an Economic
Specialist, John Blaye, who deals with business proposals, recruiting, and handling
confidential and sensitive information on a daily basis. Mr. Kirkpatrick said that he will
get in touch with Todd Ferguson and John Blaye and set up a meeting and attend as
the City's representative.
EXECUTIVE SESSION
At 9:55p.m., Mayor Eimers moved to go into executive session per Idaho Code 67-
2345(1 b) and (1 a) to consider personnel matters. Council Member Robertson
seconded the motion. Mayor Eimers, Council Member Bertram, Council Member
Greer, Council Member Muller, and Council Member Robertson voted aye. The
motion carried.
The discussion concerned personnel matters.
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At 11:30 p.m., Mayor Eimers moved to come out of executive session. Council
Member Robertson seconded the motion. Mayor Eimers, Council Member
Bertram, Council Member Greer, Council member Muller, and Council Member
Robertson voted aye. The motion carried.
ADJOURNMENT
Without further business, Mayor Eimers moved to adjourn. Council Member
Muller seconded the motion. All Council Members voted aye. The motion
carried. The Council adjourned at 11:30 p.m.
Kirk L. Eimers, Mayor
ATTEST:
Tina A. Clark, Deputy City Clerk
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