HomeMy Public PortalAbout01.14.10 Regular Minutes Approved - AmendedMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
January 14, 2010
Agenda
Call to Order and Roll Call
Consent Agenda — Old Business
Oaths of Office
Election of Mayor
Election of Council President
Executive Session
Reports
Pledge of Allegiance
Approve the Agenda
Public Comment
Consent Agenda — New Business
Business Agenda
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Kulesza called the regular meeting of the McCall City Council to order at 3:03 p.m.
Council Member Bailey, Council Member Delaney, Mayor Kulesza, Council Member Scott
and Council Member Witte answered roll call. A quorum was present.
City staff present was Lindley Kirkpatrick, City Manager; Bill Nichols, City Attorney; and
BessieJo Wagner, City Clerk.
CONSENT AGENDA — OLD BUSINESS
Staff recommends approval of the following items:
• Warrant Register — Payments made under Resolution 09-13 - printed on January 7, 2010
• Warrant Register — Payroll Deducted Child Support Payments for periods 11/28/09-
12/11/09 & 12/12/09-12/25/09 - printed on January 7, 2010
• Warrant Register — Current payments - printed on January 7, 2010
• Payroll Reports - periods 11/28/09-12/11/09 & 12/12/09-12/25/09
• Minutes—9/24/09, 10/8/09, 10/22/09 &12/17/09
McCall City Council Regular Meeting
January 14, 2010
Page 1 of 9
Council Member Delaney moved to approve the Consent Agenda — Old Business with the
minutes corrected and authorize the Mayor to sign all necessary documents. Council
Member Witte seconded the motion. In a roll call vote, Council Member Delaney, Council
Member Bailey, Mayor Kulesza, Council Member Witte, and Council Member Scott all
voted aye and the motion passed.
OATHS OF OFFICE
Installation of newly elected City Council Members
BessieJo Wagner, City Clerk, swore in newly elected City Council Members Don Bailey,
Claudia Delaney, Laura Scott, and Marcia Witte.
ELECTION OF MAYOR
Elect a new Mayor for the term January 2010 through January 2012
Council Member Kulesza nominated Don Bailey for Mayor. Council Member Scott seconded the
nomination and in a voice vote, all members voted aye and the motion passed.
ELECTION OF COUNICL PRESIDENT
Elect a new Council President for the term January 2010 through January 2012
Council Member Kulesza nominated Council Member Scott for City Council President. Council
Member Delaney seconded the nomination and in a voice vote, all members voted aye and the
motion passed.
EXCUTIVE SESSION
Council Member Delaney moved to go into Executive Session for Litigation — Pursuant to
Idaho Code §67-2345(1)(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. Council Member Kulesza
seconded the motion.
Discussion on the Motion
There was discussion whether to add Executive Session for personnel in regard to the group
Ethics in Idaho's accusations against City Prosecutor Matt Williams. The Council was not
interested in pursuing termination or any kind of corrective action on alleged issues. Council
stated that if the City Manager had concerns and evidence to support the allegations then he
could recommend further action. Lindley Kirkpatrick stated that at this time he did not and
would not recommend any further Council action be taken at this time.
McCall City Council Regular Meeting
January 14, 2010
Page 2 of 9
The Motion stood, in a roll call vote Council Member Delaney, Council Member Kulesza,
Mayor Bailey, Council Member Scott, and Council Member Witte, all voted aye and the
motion passed.
The meeting returned to Open Session at 5:20 p.m. and recessed until 5:30 p.m.
REPORTS
Council Member Witte left the meeting at 5:30 p.m.
Additional City staff present were Michelle Groenevelt, Community Development Director; Eric
McCormick, Golf Course Superintendent; Tim Swanson, Interim Public Works Director; Linda
Stokes, City Treasurer; Dennis Coyle, Parks and Recreation Director; John Anderson, Airport
Manager, Anne Kantola, Library Director, Jerry Summers, Police Chief and Carol Coyle, Grant
Coordinator.
City Manager Report
Lindley Kirkpatrick, City Manager, gave a brief summary of upcoming City business such as the
first quarter budget reviews and employee evaluations.
Complements were given to the Library and the improvements made and to the Golf Course for
being the only course in the area to show increased use.
Council asked for a Recycling Partners status update, Ms. Groenevelt stated that their pre -
application meeting had been before Planning and Zoning Commission.
Council Member Witte returned to the meeting at 5:58 p.m.
Mayor Bailey led the audience in the Pledge of Allegiance at 5:59 p.m.
PUBLIC COMMENT
Mayor Bailey called for public comment at 6:01 p.m.
Hearing no comments, Mayor Bailey closed the public comment.
CONSENT AGENDA — NEW BUSINESS
McCall City Council Regular Meeting
January 14, 2010
Page 3 of 9
Staff recommended approval of the following items:
• Payroll Reports for Periods Ending December 14 & 28, 2007
• AB 10-05 Alcohol Beverage License Report as of 1-5-10
• AB 10-03 Arbor Day Proclamation
• AB 10-04 Sewer easement granted to The City of McCall for expansion of Lift
Station #8 located in North West Rio Vista
• AB 10-15 Easement for public bus shelter on Alpine Village property
Moved to Business
• AB 10-10 Engineering Services Agreement Amendment Request No. 2 AIP 3-16-
0023-016 (ARRA)
• AB 10-13 Idaho Department of Parks and Recreation Waterways Improvement Fund
grant for new restroom at boat trailer parking area
• AB 10-14 Idaho Department of Parks and Recreation Recreational Vehicle Fund
grant for parking lot improvements at the Central Idaho Historical Museum
• AB 10-16 Local Highway Technical Assistance Council Surface Transportation
Program —Rural Funding for chip sealing of roadways — Adoption of Resolution 10-4
• AB 10-17 American Recovery and Revitalization Act Justice Assistance Grant
funding for law enforcement programs
• AB 10-18 Winter Carnival 2010 - Event Summary - Request for suspension of the
noise ordinance - Request for approval of the fireworks display
Council Member Delaney moved to approve the Consent Agenda — New Business minus
AB 10-15 Easement for public bus shelter on Alpine Village property and authorize the
Mayor to sign all necessary documents. Council Member Witte seconded the motion. In a
roll call vote, Council Member Delaney, Council Member Witte, Mayor Bailey, Council
Member Kulesza, and Council Member Scott all voted aye and the motion passed.
BUSINESS AGENDA
Council Member Scott Recused at 6:08
AB 10-15 Easement for public bus shelter on Alpine Village property
Carol Coyle, Grant Coordinator, explained that the location of this shelter on private property is
allowed by the Public Transportation Division of ITD, but an easement from the property owner
is required. There was a brief discussion as to the cost associated with any potential move of the
shelter. It was stated that the shelter could be moved by crane and would not be required to be
dismantled and rebuilt.
Council Member Delaney moved to approve the easement agreement, and authorize the
Mayor to sign all necessary documents. Council Member Kulesza seconded the motion. In
a voice vote all members voted yes and the motion carried.
Council Member Scott returned to the Council at 6:13 p.m.
McCall City Council Regular Meeting Page 4 of 9
January 14, 2010
AB 10-11 VARHA Board Member- City Representative Appointment
Michelle Groenevelt, Community Development Director, stated that The Valley/Adams County
Regional Housing Authority (VARHA), which develops and administers affordable housing
programs in the McCall, Idaho region, needs a representative from the City of McCall to serve
on the Board of Directors. She stated that Mike Maciaszek, a local realtor, would like to be
considered for the position
Council Member Delaney moved to appoint Mike Maciaszek as the City representative to
the Valley Adams Regional Housing Authority Board. Council Member Scott seconded the
motion. In a voice vote all members voted yes and the motion carried.
AB 10-08 Adoption of Resolution 10-2 — Establishing Recreation Fees
Dennis Coyle, Parks and Recreation Director, stated that many of the current programs listed in
the fee schedule were no longer offered. He stated that the adopted formula creates a mechanism
to recover costs associated with recreation programs. When programs change, are deleted, or
added staff will not have to come to City Council for adoption of new program fees. Resolution
10-2 would allow staff to be timelier in offering new programs.
There was a brief discussion as to the importance of using the minimum number of participants
needed to offer the program when setting the fee then the fee could be adjusted if there were
significantly more participants.
Council Member Kulesza moved to adopt Resolution 10-2 to remove the program fee
schedule and instruct staff to adhere to the adopted formula with the following changes:
• Section 4 (B) change 50% to 100%
• Section 4 (E) strike completely
and authorize the Mayor to sign all necessary documents. Council Member Scott seconded
the motion. In a roll call vote Council Member Kulesza, Council Member Scott, Mayor
Bailey, Council Member Delaney, and Council Member Witte, all voted aye and the motion
passed.
AB 10-07 Adoption of Ordinance No 871 amending MCC 8.14.4 to Allow Domestic
Animals in City Parks
Mayor Bailey City directed staff prepare a statement for the paper to state the intent of the
ordinance and urging citizens to do their part. He also wanted to convey that allowing dogs in the
park would be a trial and that the Ordinance gives the City an opportunity to revoke it.
Council Member Scott moved to suspend the rules, read by title only, one time only
Ordinance No. 871, amending Title 8. Council Member Delaney seconded the motion.
Discussion on the motion
There was a suggestion to change some of the language within the ordinance, after a brief
discussion the Council stated that the language used was sufficient.
The motion stood, in a voice vote all members voted aye and the motion carried.
McCall City Council Regular Meeting Page 5 of 9
January 14, 2010
Mrs. Wagner read Ordinance 871 by title only one time only.
Council Member Scott moved to adopt Ordinance No. 871, amending Title 8 as amended —
under the third "Whereas" remove the words "and is" — and authorize the Mayor to sign
all necessary documents. Council Member Kulesza seconded the motion. In a roll call vote
Council Member Scott, Council Member Kulesza, Mayor Bailey, Council Member
Delaney, and Council Member Witte, all voted aye and the motion passed.
AB 10-20 FY10 Economic Development Activities
After much discussion by the Council, they decided to schedule a work session to consider
specific, actionable, short term proposals. All of the potential partners in economic development
activities will be invited to the work session, including: UPRED, the Chamber of Commerce, the
Merchants Association, Sage Community Resources, the Small Business Development Center,
and other local business representatives. Additionally, the Council directed that a letter be sent to
UPRED, expressing the Council's desire to maintain a regional partnership and declining to
provide the requested $30,000 in funding.
Rob Lyons, local realtor, stated that he would encourage the Council to get input from business
owners. Tim Cochrane, Chamber of Commerce, also liked the idea of having some of the
business leaders from the community
There was a general consensus from the Council that along with a structured meeting, timely
execution was needed.
AB 10-19 Frontier Services Agreement for digital phone trunk (T1-PRI) and related digital
phone system project materials
David Simmonds, Information Systems Manager, stated that the proposed 3-year Frontier
agreement would reduce costs compared to shorter contract periods for the same services. The
new services should result in substantially lower recurring phone trunk costs compared to
continued use of analog lines. The change would also increase the number of phone lines
available. Council Member Delaney complemented Mr. Simmonds on his work in preparation.
Council Member Kulesza moved to approve the Frontier Services Agreement for a T1-PRI
circuit, and authorize the Mayor to sign all necessary documents. Council Member Delaney
seconded the motion. In a roll call vote Council Member Kulesza, Council Member
Delaney, Mayor Bailey, Council Member Scott, and Council Member Witte, all voted aye
and the motion passed.
AB 10-06 Agreement with White Peterson for City Attorney Services
There was a brief discussion that White Peterson had not raised their hourly rates since they first
contracted with the City of McCall.
Council Member Kulesza moved to approve the new retainer agreement with White
Peterson for City Attorney services and authorize the Mayor to sign all necessary
documents. Council Member Scott seconded the motion. In a roll call vote Council
McCall City Council Regular Meeting Page 6 of 9
January 14, 2010
Member Kulesza, Council Member Scott, Mayor Bailey, Council Member Delaney, and
Council Member Witte, all voted aye and the motion passed.
AB 10-01 Adoption of Resolution 10-1: Designating the Mayor and Council President as
Signatories on the City of McCa11's Bank Accounts
Lindley Kirkpatrick, City Manager, explained that the Resolution would allow the newly
appointed Mayor and Council President to become signatories on the City of McCall's bank
accounts.
Council Member Delaney moved to Adopt Resolution No. 10-1 and authorized the Mayor,
Council President, City Manager, and City Treasurer to sign all necessary documents.
Council Member Witte seconded the motion. In a roll call vote Council Member Delaney,
Council Member Witte, Mayor Bailey, Council Member Kulesza, and Council Member
Scott, all voted aye and the motion passed.
AB 10-09 Adoption of Resolution 10-3 -- Signatories on City Safe Deposit Box
Lindley Kirkpatrick, City Manager, explained that the Resolution would allow the newly
appointed Mayor and Council President to become signatories on the City of McCall's safe
deposit box.
Council Member Witte moved to adopt Resolution No. 10-3 and authorize the Mayor,
Council President, City Manager, City Clerk, and Information Systems Manager to sign all
necessary documents. Council Member Kulesza seconded the motion. In a roll call vote
Council Member Witte, Council Member Kulesza, Mayor Bailey, Council Member
Delaney, and Council Member Scott all voted aye and the motion passed.
AB 10-12 Assignment of Council liaison duties
Lindley Kirkpatrick, City Manager, explained this agenda bill listed the liaison positions that
needed to be filled by Council members.
The following Council and City representatives were designated to the various agencies
and committees, as follows:
• Urban Renewal: Mayor Bailey and Council Member Delaney
• Valley Adams Planning Partnership (VAPP): Mayor Bailey and Council Member
Kulesza
• Big Payette Lake Watershed Advisory Group (BPLWAG): Council Member Scott
• Western Idaho Community Action Program (WICAP): Council Member Kulesza
• Upper Payette River Economic Development Council (UPREDC): Council Member
Kulesza
• MCPAWS: Council Member Scott
• Chamber of Commerce: Lindley Kirkpatrick, City Manager
• West Central Highlands Resource Conservation and Development: Carol Coyle, Grant
Coordinator
• Payette River Scenic Byway: Carol Coyle, Grant Coordinator
McCall City Council Regular Meeting Page 7 of 9
January 14, 2010
" S a g e C o m m u n i t y R e s o u r c e s : C o u n c i l M e m b e r K u l e s z a
A B 1 0 - 0 2 P u b l i c F o r u m r e g a r d i n g f o r m o f g o v e r n m e n t i s s u e s
C o u n c i l M e m b e r S c o t t f e l t t h a t h a v i n g a p u b l i c f o r u m w o u l d s t i l l b e v a l u a b l e .
C o u n c i l M e m b e r K u l e s z a s t a t e d t h a t h e a p p r e c i a t e s t h e v a l u e i n r e c e i v i n g p u b l i c i n p u t , a n d
s u g g e s t e d t h a t t h e r e c o u l d b e v a r i o u s w a y s t o r e c e i v e t h a t i n p u t a n d m a i n t a i n t h e m e s s a g e t h a t
t h e c i t i z e n s h a v e a c c e s s t o t h e i r g o v e r n m e n t . H e i s l o o k i n g f o r a l t e r n a t i v e w a y s t o c o n v e y t h a t
m e s s a g e . H e s t a t e d t h a t h e w o u l d b e w i l l i n g t o m a k e h i m s e l f a v a i l a b l e e v e r y W e d n e s d a y p r i o r t o
t h e C o u n c i l M e e t i n g a t t h e F o g g l i f t e r t o c o n v e r s e w i t h w h o e v e r w o u l d l i k e t o s p e a k w i t h h i m .
M a y o r B a i l e y s t a t e d t h a t a n a r t i c l e t o t h e s t a r n e w s w o u l d b e a g o o d p l a c e t o s t a r t .
C o u n c i l M e m b e r D e l a n e y s t a t e d t h a t s h e d i d n o t f e e l t h a t t h e s u g g e s t e d t o p i c s w e r e s o l u t i o n
o r i e n t e d . S h e w o u l d l i k e f o r t h o s e w h o c o m e w i t h c o n c e r n s a l s o c o m e p r e p a r e d w i t h s u g g e s t i o n s
f o r s o l u t i o n s . S h e s t a t e d t h a t a n o p e n f o r u m m a y n o t b e c o n s t r u c t i v e .
C o u n c i l M e m b e r W i t t e s t a t e d t h a t w i t h C o u n c i l M e m b e r D e l a n e y ' s a p p r o a c h t h e e x p e c t a t i o n s
m a y b e t o o h i g h .
M a y o r B a i l e y q u e s t i o n e d i f i t w e r e p o s s i b l e t o n a r r o w t h e f i e l d t o s p e c i f i c i s s u e s .
M r . N i c h o l s s u g g e s t e d t h a t t h e C o u n c i l s e g r e g a t e b u d g e t t y p e i t e m s t o t h e b u d g e t p r o c e s s
t h e r e f o r e n a r r o w i n g t h e t o p i c f i e l d .
M r . K i r k p a t r i c k s u g g e s t e d t h a t a r o u n d t a b l e d i s c u s s i o n w i t h a n i n v i t e d l i s t s u c h a s p r o p o n e n t s
f o r t h e c h a n g e o f g o v e r n m e n t a n d p o s s i b l y t h e c a n d i d a t e s m a y b e m o r e p r o d u c t i v e .
C o u n c i l M e m b e r S c o t t s t a t e d t h a t s h e w o u l d l i k e t o h e a r f r o m t h o s e w h o a r e n o t u s u a l l y h e a r d
f r o m .
M s . G r o e n e v e l t s u g g e s t e d a b l o g o n t h e w e b s i t e w h e r e c i t i z e n s c o u l d s t a t e q u e s t i o n s a n d
c o n c e r n s .
T h e C o u n c i l c a m e t o a c o n s e n s u s t h a t C o u n c i l M e m b e r D e l a n e y a n d C o u n c i l M e m b e r S c o t t
w o u l d m e e t a n d d e v e l o p a p r o p o s a l w h i c h w o u l d i n c l u d e m u l t i p l e o p t i o n s t o g a t h e r i n p u t f r o m
t h e c o m m u n i t y . C o u n c i l a l s o w a n t e d t o p u r s u e i d e a s o f w h a t t h e C i t y c o u l d d o d u r i n g t h e b u d g e t
p r o c e s s t o e n c o u r a g e m o r e c o m m u n i t y i n v o l v e m e n t .
A B 1 0 - 2 1 V A R H A F u n d i n g - 2 n d Q u a r t e r
M i c h a e l D a v i d , V A R H A E x e c u t i v e D i r e c t o r , t h a n k e d t h e C o u n c i l f o r a p p o i n t i n g a n e w M c C a l l
r e p r e s e n t a t i v e t o t h e V A R H A b o a r d . H e s t a t e d t h a t c u r r e n t l y t h e b i g p r o j e c t i n M c C a l l i s t h e
D e i n h a r d d e v e l o p m e n t . H e a c c e p t e d t h e C o u n c i l ' s a c t i o n i t e m s f o r t h e n e x t q u a r t e r a s o u t l i n e d
b e l o w .
1 . S u b m i t t e d m o n t h l y w r i t t e n r e p o r t s o n V A R H A a c t i v i t y t o C i t y C o u n c i l ;
M c C a l l C i t y C o u n c i l R e g u l a r M e e t i n g P a g e 8 o f 9
J a n u a r y 1 4 , 2 0 1 0
2. Effort to raise awareness on affordable housing issues to include multiple news articles and
educational materials conveniently available to the community;
3. VARHA staff should actively attend relevant meetings related to affordable housing issues; and
4. Establish a functional website with current information and resources on the affordable housing
(including updates on the Affordable Apartment Project.)
Council Member Scott moved to approve funding for $3,750 for the Second Quarter and
Third Quarter should be based on satisfactory completion of the outlined tasks above.
Council Member Kulesza seconded the motion. In a roll call vote Council Member Scott,
Council Member Kulesza, Mayor Bailey, and Council Member Witte, all voted aye,
Council Member Delaney voted no and the motion passed.
Without further business, the Mayor adjourned the meeting at 8:07 p.m.
ATTEST:
BessieJo Wae itv C k
McCall City Council Regular Meeting Page 9 of 9
January 1l, 2010
MINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
January 14, 2010
The Executive Session portion of the January 14, 2010 minutes were amended on April 22,
2010 to ensure compliance with the requirements of IC §67-2344 (2).
FAL:A l'IRE SESSION
Council Member Delaney moved to go into Executive Session for Litigation — Pursuant to
Idaho Code §67-2345(1)(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. Council Member Kulesza
seconded the motion.
Discussion on the Motion
There was discussion whether to add Executive Session for personnel in regard to the group
Ethics in Idaho's accusations against City Prosecutor Matt Williams. The Council was not
interested in pursuing termination or any kind of corrective action on alleged issues. Council
stated that if the City Manager had concerns and evidence to support the allegations then he
could recommend further action. Lindley Kirkpatrick stated that at this time he did not and
would not recommend any further Council action be taken at this time.
The Motion stood, in a roll call vote Council Member Delaney, Council Member Kulesza,
Mayor Bailey, Council Member Scott, and Council Member Witte, all voted aye and the
motion passed.
Council discussed litigation issues and possible strategies and solutions.
The meeting returned to Open Session at 5:20 p.m. and recessed until 5:30 p.m.
onald C. Bailey, Mayor