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HomeMy WebLinkAbout1980-05-13city council minutesBook 21 Page 137 REGULAR MEETING May 13, 1980 12:00 Noon The Meeting was called to order by Mayor McCloskey. The Roll of the City Council was called with the following members present: Raymond, Hopper, Carter, Mallea, and Betts, Absent: Williams. The Mayor asked that everyone stand and give the Pledge of Allegiance to the Flag. (ADDITIONS TO THE AGENDA) The Mayor stated that there was several items that he would like to ask permission from the City Council to add to the prepared Agenda. The first item was to swear in the new City Attorney, the second a general report with regard to Curt Beukelman`s problem, a letter from E.P.A. with regard to Indian Creek, a general report with regard to garbage collection and a report on claims for spray damage. The Mayor explained that several of these items were only for information purposes, but he would like to have them included on the Agenda. MOVED by Hopper, SECONDED by Carter that those items as designated by the Mayor be included on the prepared Agenda. Roll call vote. Those voting yes: Hopper, Carter, Mallea, Betts, and Raymond. Those voting no: none. Absent and not voting: Williams. MOTION CARRIED (REPORT WITH REGARD TO CURT BEUKELMAN "S SITUATION) The Mayor stated that he would report briefly on the problem regarding Curt Beukelman. The Mayor stated that he had called the first party involved in'the sewage charge who has the car lot and he concurred in splitting the difference. It was found that from a report from the Treatment Plant operator that the plug stopped just this side of all the rest of the businesses so just these two were involved. It was sand, sludge and grease so it was fairly obvious that these were the two at fault. (REPORT REGARDING GARBAGE COLLECTION) The Mayor also stated that if any of the Council gets complaints, he would like to inform them that the City Hall was getting a lot of them. The problems seemed to be lack of pickup and partial pickup. The Mayor further commented that he had called Boise Ada Disposal last week and made them aware that it was becoming a serious problem. The Mayor was assured that they would attempt to do a better job and that they might have to put on another truck. He wanted the Council to be aware of the situation and that something was trying to be done about the problem. (CLAIMS FOR DAMAGE FROM SPRAYING) The Mayor reported to the Council that he had received two claims on spray damage and had already taken them over to the insurance agent. (LETTER FROM E.P.A.) The Mayor read to the Council a letter received from E.P.A. regarding Indian Creek and its future use particularly standards for un- ionized ammonia to be allowed in the Creek. The letter stated that this would affect such uses as fishing, green belt development and swimming. The un- ionized ammonia standard was directly related to the level of nitrogen removal to be achieved as a result of improvements underway at the Nampa Municipal Sewage Treatment Plant. E.P.A. will be evaluating the legislative standard of 1.0 milligrams and the Health and Welfare Board adopted a standard of 1.02 milligrams and they also evaluate other viable alternatives. The E.P.A. stated that they would hope that the City of Caldwell would be able to attend Book 21 Page 138 a meeting to be held on May 15th at the Nampa City Library. They also stated that they would appreciate it if the word would be passed along if there was others interested in what happens to Indian Creek. The Mayor stated that he did inform the newspaper that the City of Caldwell has always backed the Nampa City Council in what their desires were. Councilwoman Williams entered the Council Chambers and was noted to be present as of 12:10 p.m. (APPOINTMENT OF CITY ATTORNEY) The Mayor stated that at this time he would like to request the City Council to appoint. William C. Morrison as the City Attorney of the City of Caldwell. MOVED by Hopper, SECONDED by Raymond that the recommendation of the Mayor for the appointment of William C. Morrison as City Attorney be approved and accepted. Roll call vote. Those voting yes: Hopper, Carter, Mallea, Betts, Williams, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor then requested the City Clerk to administer the Oath of Office to Mr. Morrison. The Mayor stated that there was a letter in each of the Council members boxes stating Mr. Morrison's position as :Car as the City Attorney's position was concerned.. Mr. Morrison was going to give the City of Caldwell the benefit of his judgment and in the event that at some time he felt it was not necessary for him to be at a certain meeting, he would state this and hoped to use some good common sense regarding that type of situation. Mr. Morrison stated that basically the letter was reiterating the comments that were made when he first met with the City Counci to discuss the position. `- Councilman Hopper stated that he felt this letter should be made a matter of record. MOVED by Hopper, SECONDED by Betts that the letter received from the City Attorney dated May 12, 1980, be a matter of record.. Roll call vote. Those voting yes: Hopper, Carter, Mallea, Betts, Williams, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED The letter was as follows: Dear Mayor McCluskey, I am both pleased and complimented to receive the Council's and your nomination as the Caldwell City Attorney. This is in response to the City's request for a letter of understanding memorializing the terms of my appointment as Caldwell City Attorney. For the most part this is a reiteration of comments made and exchanged when I met with the Council and you on Thursday, April 3, 1980. It is my understanding the City will be retaining me as City „_ Attorney on a part -time basis, at a retainer of x;15,000.00 annually; payable at $1,250.00 per month. In consideration therefore, I will. faithfully represent the interests of the City of Caldwell as its general civil counsel and will perform any and all legal duties of a civil nature entrusted to me by the Mayor or the Council; further I will give the City priority, as far as is practicable, in meeting its legal needs. It is further understood that the above retainer is for a maximum of 30 hours of professional services per month. For the City's information and records and as requested time for professional services performed will be submitted to the City. If in any given Book 21 Page 139 month 30 hours of professional services are not rendered, any difference will be carried over or reserved for those months when an excess of 30 hours are necessary due to extraordinary matters, such as litigation. This reserved or 'banked' time, if any, will be applied first to offset any month in which time for professional services exceeds the 30 hour maximum. This reserve, if any, will be carried over from month to month to a 30 hour maximum as long as an attorney client relationship exists with the City. In the event of termination of that relationship by either party, any 'reserved' time would not be refundable. I will attend the Council's executive sessions and other meeting as requested. Prosecution of criminal offenses occurring within the City limits will not be handled by this office but will continue with the City Prosecutor, presently Dennis Goff. The City understand that it is responsible for any costs incurred such as photocopying expense, long distance calls, service of process fees, court fees, expert witness fees and reports, deposition costs, transcript preparation costs, et cetera. The City will make ev ery reasonable effort to locate and obtain in the Caldwell City Code and other pertinent legal resources for use by this office; and to assist in the transfer of these materials and pending case files, if any, from the former City Attorney to this office. The Council's suggestion that we review our relationship and the retainer arrangement prior to October 1, 1980, in light of the work done and the needs of the City seems to me to be a good one. I suggest that my appointment as the Caldwell City Attorney may be terminated at any time after Tuesday, May 13, 1980, on ten days notice in writing from either party to the other party that the relationship is terminated. I want to express my personal thanks for the cooperation and many courtesies you, the Council and the City staff have extended me over the past six weeks. /s/ Wm. C. Morrison IV (DISCUSSION REGARDING INDUSTRIAL PRETREATMENT) The Payor called on the City Engineer, Mr. Lewis, to discuss this item. Mr. Lewis stated that he would start this discussion by stating that the City of Caldwell was issued a discharge permit by E.P.A. for the discharges that the Treatment Plant makes to the Boise River. The revised edition of that permit has just become effective the last several months. One of the provisions of that discharge permit was to institute an industrial pretreatment program. Since the City was engaged in updating the Treatment Plant, the pretreatment program can be a part of the Step III Grant that the City now has on the Treatment Plant. The grant can be increased to cover the program. The first submittal by Parametrix, who was asked to make a submittal, on an increase in the grant since they were the consultant engineers for the updating of the plant, was something in the order of 190,000.00 Mr. Lewis further stated that he had asked the Health Department to evaluate this increase for the whole treatment program and give him a recommendation which they did do. The original recommendation was based on surveying a number of industries. The State felt that a survey should be made to survey all of the industries, but that perhaps a larger part of them would be eliminated so they asked Parametrix to resubmit the project instituting only the survey part of it and then asked for another increase if it was to get beyond that. Mr. Lewis stated that it would be his judgment that if the City didn't use the grant monies, the City would have to do it anyway under the permit. It just so happens that the City has a grant that was ongoing and it can be utilized. Mr. Lewis further said that the increase in the Grant was $53,500.00 and.the City of Caldwell would be responsible for ten percent of this. The topics that were proposed were: (1) Industrial Survey; (2) Evaluation of legal authority that the City has; (3) Evaluation of revenue source for the program; Book 21 Page 140 (4) the pretreatment limitations; (5) Public participation in the form of a hearing. Mr. Lewis further stated that to get it started the Council must decide if Parametrix was going to 'o it and if it was decided to do the work with Parametrix, authorization must be given to increase the grant. The Council discussed this at some length and discussed several items of concern with the City Engineer. MOVED by Hopper, SECONDED by Carter that the City Council accept the recommendation of the City Engineer to hire Paxametrix to do the industrial pretreatment program. Roll call vote. Those voting yes: Hopper, Carter, Mallea, - -- Betts, Williams, Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDERATION OF QUOTATION FOR BOOSTER STATION PUMPI-IOUSE) Mr. Lewis informed, the Council that there was a booster station for Canyon Hill and there was four pumps there. The idea of a booster station was to increase the pressure on Canyon Hill so that it was comparable to the pressure downtown. The pressure downtown was maintained by water level in the tanks, but that water level in the tank does not maintain pressure on the hill. For a number of years, the booster station has been there at the tank and its capacity has been increased until all of`the capacity was taken up. Some years ago, it was decided to put in another booster station on North Illinois; and part way up the hill on the left hand side you can see the pump which was installed last year. A house needs to be built over that pump and this was what was to be considered at this time. The building was designed by the Engineering Department which was a cinder block structure. Mr. Lewis further said that he had two quotations: one was from a Mr. Plant and he offered a quotation of $3,934.00. The other bid was from Cook and Sons in the amount of $3,658.74. Mr. Cook: was licensed as a contractor and Mr. Plant was not. Mr. Lewis recommended that the City Council approvt:— the low bid subject to getting into an agreement with him, supplying of a bond and supplying; his insurance. Councilman Raymond asked how the two bids were solicited. Mr. Lewis stated that a plan was given to them and they simply figured the bids. - Councilman Raymond stated that his concern was that he knew a lot of block layers that were cut of work and questioned just the two bids. Mr. Lewis stated that they did not want a block layer, but rather would like to have a contractor. MOVED by Carter, SECONDED by Hopper that the City Council accept the low bid of Cook and Sons subject to those stipulations as outlined by the City Engineer. Roll call vote. Those voting yes: Carter, Mallea., Betts, Williams, and Hopper. Those voting no: Raymond. Absent and not voting: None. MOTION CARRIED (WATER BILL POLICY) The Mayor stated that he would like to discuss very quickly the water bill policy. Some time ago the City had a policy that in the event that somebody didn't pay their bill, the landlord or the real estate agcrLt was responsible for the bill. The Mayor stated that he would like to reinstitute a stronger policy for collecting the water bills as many were not being collected. The Mayor stated that it was not the City's fault if the landlord rents to a dead -beat and the City should not be held responsible, but by court action the City cannot cut the water off and refuse to turn it on until the bill was paid. The City of Caldwell's policy does fairly well stipulate that the property owner was responsible for the water bill. Generally, the Mayor stated, what he would like to work towards was that if the City has a past due bill, two copies Book 21 Page 141 should go out, one to the landlord'. and one to the renter. Then, if the landlord does not pay it or if the renter skips out, it will still be held in his name. The Mayor further stated that he would get this procedure on paper and bring it back to the City Council. It was Councilwoman William's suggestion that these unpaid charges be turned over to a collection agency so that the City could get SO% of it. (DISCUSSION ON AIRPORT) The Mayor reported that he had written a letter to the T.A.A. with regard to the dip on the runway where the extension was put on the runway. It was felt that this dip could be a serious and hazardous condition. There was a request from the Fixed. Base Operator to sublease part of the facility out there. This was a group that wanted to put in an aircraft engine rebuilding unit. The Aviation Commission recommended that Mr. Garland be allowed to sublease this as requested. The Council discussed this request at some length, particularly the length of the lease. Councilman Hopper stated that he felt that the City Council should have an opportunity to discuss this with the Fixed Base Operator before a decision was reached. It was agreed that he would be invited to appear before the Council at one of the upcoming meetings to discuss this proposal. The Mayor informed the Council that there was a lease regarding dusting at the airport and he had put a letter with regard to this in each of the Council's boxes for their study. The Mayor also explained that the City of Caldwell was being involved as of the next day in a lawsuit on the gas tanks at the Airport. The City was not as yet named as Plaintiffs, but the Council could anticipate that the City probably would be. (RETAINAGE ESCROW ACCOUNT) The Mayor called on the City Engineer to discuss this item. Mr. Lewis stated that he was convinced that; (1) the Escrow Account was not in the City Agreement or reference to it and; (2) when it was not in the agreement, the Council can enlist consideration. Mr. Walker, of Parametrix, has asked VIPCO what consideration they would give the City Council if they institute such an agreement. Mr. Lewis was told that this was part ofthedrprofit and could not offer a consideration that would reduce the profit. Mr. Lewis further stated that he had given the City Attorney all the material except for the last letter received. He also reported that they had found out that under Idaho Law, since last July lst, the City can only retain five percent instead of the ten percent in the contract and Mr. Lewis said he did have questions to ask the City,Attorney with regar': to that; particularly as to what this would. do to the City's contract. Mr. Lewis also said that he had done some other checking. He had called Earl Reynolds of CH2M and asked him what they were doing with these kinds of things in their organization in the State of Idaho. He also talked with the individual in their organization in the Boise office that handles E.P.A. contracts. When they make requests for reimbursements from E.P.A. in all of those contracts, there wasn't an escrow account considered. They only request ninety -five percent of the seventy -five percent. E.P.A. was responsible for seventy -five percent and so the reimbursement request was only for ninety -five percent of it. In all of those cases, the Federal Government was retaining the retainage. The question was also brought up that the City would like to request 100% and get the interest off of it. The Federal Regulations take care of that too because if that was done the City would owe the Federal Government the interest so the City can't collect it. There has been some inconsistency on that in the E.P.A. paying the full seventy -five percent to the other contractor. Mr. Lewis further said that he did not know what happens with E.P.A. payments because they have, in fact, paid the City the full seventy - five percent. Parametrix has reduced their retainage to five percent. IIe felt that the only issues was that first, the Council should still Book 21 Page 142 require some kind of consideration for setting up the escrow account and it would be five percent and the other one was that it should be in a local bank. The City was gosng to request one hundred percent payment if the City has a escrow agreement and the City will be paid the full seventy -five percent and then the City must put in five percent of that in escrow. Someone will have to keep track of that and draw up the proper monies in the proper channels someway to get it done so there was some responsibilities. The Council would have to decide if they want some of that interest. It just simply says that there was consideration that must be offered to the City. The Council. discussed this problem at some length. It was suggested by Councilman Hopper that the Council delay their decision on this matter until Mr„ Lewis was able to discuss it further with the City Attorney. (PRESENTATION BY VISUAL SOUND) The Mayor introduced the gentleman from Visual Sound to present his proposal with. regard to the phone system for the City of Caldwell. He explained at some length his proposal and the City Council advised him to conduct a study regarding price on a PBX and bring it back to them. Councilman Hopper suggested that the Mayor, Councilman Betts get together and decide what departments they would like to have tied into a PBX System and draw up some guidelines as to what the City needs. There being no further business, the Meeting was adjourned at 2:10 p.m. APPROVED AS written THIS 3rd DAY OF June 1980 ATTEST: City Clerk Councylma.n ou � i lma.n C ouncil i5n