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HomeMy WebLinkAbout1981-05-27city council minutesBook 22 Page 141 REGULAR MEETING May 27,1981 12:00 Noon The Meeting was called to order by Mayor McCloskey. The Mayor requested that everyone stand and give the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Absent: none. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to bring anything before the City Council that was not on the prepared Agenda. Mr. Larry Walker, an Attorney from Weiser, was recognized and stated that he would like to ask some questions of Mr. Harold Hyer after his presentation with regard to raw milk. He felt that this might clarify some of the questions. The Mayor said that the City item for about five meetings would allow the questions if Mayor's feelings that Mr. Hy a ten minute time with. about rebuttal. Council has been subjected to this and in the element of fairness he Mr. Hyer was receptive. It was the °r could give his presentation in about five minutes of time for Mr. Walker's Mr. Walker further commented that he felt there was too much with regard to personal feelings thrown back and forth and not necessarily the position of the State Health Department. He said that he might not have any questions, but would like to ask permission to ask them if he desired after the presentation. The Mayor then stated that Mr. Hyer was invited to the meeting primarily because Councilwoman Mallea considers him to be the representative of the State Health Department. Councilwoman Mallea was then recognized and said that she had asked the Mayor if she could make a short explanation before Mr. Hyer was introduced. After Mr. Walker's presentation last week, she decided there was too much personal feelings and that the position that he presented was that there was collusion involved. In an effort to resolve this issue and discovering that the Southwest Health was not an arm of Health and Welfare, she started calling the State of Idaho Health and Welfare to find the person charged with the regulations in an effort to determine if the City of Caldwell's statute was redundant. The people at Health and Welfare put her in contact with Mr. IIyer's Office. He' out of town at that time, but did return her call. At that time the question that she asked him was whether the Health and Welfare Regulations provide a sanitary product for the citizens of Caldwell. Councilwoman Malle< stated that she requested that Mr. Hyer either put in writing his answer or present it to the City Council so they could make a judgment on this matter. Councilwoman Mallea then introduced Mr. Hyer to the City Council and he was recognized. Mr- Harold Hyer was then recognized and informed the Council that he should perhaps give them a little history with regard to the issue. Many years back in 230 B.C., one of the cities in Greece'' prohibited the sale of milk because it was a carrier of disease. There has always been problems with milk being a carrier of disease. Back in the early 1920s, they discovered that by pasteurization of milk it would prevent the milk from carrying PathogenBacteria that cause disease. An that time, many jurisdictions throughout the United States, including counties, cities, and states developed regulations requiring the pasteurization of milk. The State of Idaho passed regulations back in the early 1940s and they have been updated as time went along. There has always been the sale of raw milk in Idaho besides the pasteurized milk. In about 1960, in order to bring some kind of control over the sale of raw milk to protect the consumer they developed the retail raw milk sale regulations which required the producer to meet the same standards as the Grade Book 22 Page 142 producer plus the sanitation of the barn and milk house and also required that the milk be bottled on the premises. The regulations require that the producer's farm be inspected at least four times a year and his product be sampled and tested eight times a year; four times every six months. This was the Regulations for the State of Idaho. From that standpoint, three or four tests were run. Councilman Hopper asked if the dairy was in violation, do they repeat the tests more often. Mr. Hyer stated that this was so. This would vary on how serious it was and how the local enforcement people feel about it. Mr. Hyer further said that in the past there has been times when various people have wanted to change the raw milk regulations. Some of the jurisdictions in the State have developed more restrictive requirements. Under the State Code, any jurisidiction can pass more restrictive regulations than the State, but they cannot pass anything more lenient. A number of cities have passed more restrictive regulations; in fact, some forbid the sale of raw milk entirely. As people call in concerning whether they should drink raw milk or not, the State advises them that under the State Regulations certain dairies have a permit to sell raw milk and were inspected as he explained before. They also advise them that there is a risk in drinking raw milk and outline the risks. One of the problems was that milk can change from day to day. Mr. Hyer further said that he would assume that Mr. Rose has furnished them with some of the material that outlines those risks. Councilwoman Mallea stated that she would like Mr. Hyer to answer the question that she had asked him. Do the Health and Welfare Regulations provide a sanitary product for the citizens of Caldwell? Mr. Hyer answered that under the State Regulations, which were carried out by the Local Health Districts, state that the raw milk is under supervision or inspection. There can be more restrictive regulations through the County or City. Under the question that Councilwoman Mallea asked, the State provides this standard, but as he mentioned they can't say for sure that raw milk was safe at all times as there was a risk in drinking it. The citizens of Caldwell will b esubject to that risk. Councilman Hopper asked Mr. Hyer if he had any knowledge of evidence that raw milk in or about Caldwell has caused any diseases or ilnesses. Mr. Hyer stated that they did not. Mr. Walker then questioned Mr. Hyer at some length with regard to the raw milk issue. The Mayor stated that he would like to ask Mr. Hyer one question. In Mr. Hyer's opinion, wouldn't it be somewhat better if the City of Caldwell remains in a position to have control of raw milk in the stores for the benefit of the citizens of Caldwell rather than forcing these people into the outside farm. Th-a Mayor further said that he had three calls that morning from people who stated just that. In two of the instances, they stated that they had to have raw milk for health reasons. He was sure that all of the Council was aware that one of the local dairies was closed down recently by the Southwest Health District because of the bacteria level. This emphasized to the Mayor that the control was there to do just that. Mr. Hyer stated that they knew that there was a problem with the sale of raw milk on farms, but they do not have the manpower to get out and do anything about it. This was a problem back before 1968 and this was the reason the retail raw milk was passed in 1968 to bring some kind of control over raw milk. This gave the public some kind of guarantee that raw milk was under control. Councilman Betts stated that he would like to address the testing of the Grade A milk vs, the raw milk. Raw milk was tested eight times a year and with the Grade A milk, he questioned how often it was tested as he thought it would be daily as they have their own labs. Mr. Hyer said that mangy of the plants run tests on their own milk primarily on antibiotics so most dairies do test their milk every day, but may not test it that often for bacteria. Councilman Betts pointed out that a cow could perhaps pick up a Book 22 Page 143 disease during the interim between the testing. Mx. Hy - er stated that the Grade A milk by State standards was tested four times every six months. Councilman Betts then said that it would be possible that the same disease might occur in the Grade A milk during the time between testing. Mr. Walker also pointed out that the testing of the raw milk was done at different times so the producer actually did not know when the testing would occur. Councilman Hopper was recognized and stated that he felt it was time to take a vote. IIe further said that it was too bad that this was not addressed back in 1968. Apparently, the Caldwell Code predates the State Regulations although it was better in one aspect all the history was available at this time. On the fact that there was no evidence of any raw milk related disease in Caldwell'' in recent history, on the premise that the State now has regulations that were providing testing procedures, the fact that-- - the nature of the Ordinance was prohibitive rather than regulatory, on the premise that maybe this was an econc.mic issue between two factors of the industry, and also as this product will be available for the citizens outside of the City Limits, he would like to make a motion. It was then MOVED by Hopper, SECONDED by Raymond that the City Council study this issue in the next week to prepare an Ordinance rescinding the present. Ordinance. The Mayor asked Councilman ITopper if his intent was to .prepare an Ordinance rescinding the Code. Councilman hopper stated that his intent was to study the possibility. If the motion fails, then the Ordinance stays and if it passes, then a study group will be formed with the idea of preparing an Ordinance to rescind the Code. Councilwoman Mallea stated that she would call for the question. The Mayor then asked for a roll call vote on the motion. Those voting yes: Hopper, Betts, and Raymond. Those voting no: Carter, Williams, and Mallea. Due to the tie in the vote, the Mayor cast his yes vote. MOTION CARRIED ' (SECOND READING OF BILL NO. 10 - CHANGE IN ELECTRICAL CODE) The Mayor stated that this was the time set for the second reading of Bill No. 10. The Mayor read Bill No. 10 by title only as follows: AN ORDINANCE TO AMEND TITLE V, CHAPTER 3, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, RELATING TO ELECTRICAL CODE BY ADDING AND DELETING CERTAIN LANGUAGE IN SECTION 5, PERMIT REQUIRED; SECTION 6, WORK DONE UNDER BUILDING INSPECTOR; SECTION 7, WIRING PERMITS; SECTION 8, SCHEDULE OF ELECTRICAL INSPECTION; SECTION 9, INSPECTION; SECTION 14, RULES AND REGULATIONS GOVERNIN WIRING; SECTION 15, DAMAGE NOT ASSUMED BY MUNICIPALITY; AND SECTION 16, VIOLATIONS AND PENALTIES; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS I-IEREOF IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The Mayor further informed the Council that he had.one call with regard to this Bill which was from an electrician wanting to know who has made the determination as to who was selected as the Electrical Inspector. MOVED by Raymond, SECONDED by Hopper to suspend the rule requirin,' the reading of a Bill three separate days and that bill No. 10 be` read the second time by title and the third time in full, section by section. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Carter, Betts, and Williams. Those voting no: none. Absent and not voting none. MOTION CARRIED The Mayor directed the Clerk to read the Bill the third time in full. MOVED by Raymond, SECONDED by Hopper that IIill No. 10 be passed and Book 22 Page 144 entitled Ordinance No. 1600. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Carter, Betts, and Williams. Those voting no: none. Absent and not voting: none. MOTION CARRIED (BILL NO. 11 - CODE CHANGE TO PROVIDE FOR ADMINISTRATIVE ASSISTANT) The Mayor stated that the next Bill was to be presented for the first reading. The Mayor then read Bill No. 11 by title only as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY REPEALING CHAPTER 14, OF TITLE I WHICH PROVIDES FOR A FINANCE DIRECTOR AND CREATING A NEW CHAPTER 14, TITLE I PROVIDING FOR AN ADMINISTRATIVE ASSISTANT TO MAYOR; AND FURTHER PROVIDING FOR APPOINTMENT; GENERAL STATEMENT OF DUTIES; DISTINGUISHING FEATURES OF THE CLASS; DUTIES; REQUIRED KNOW - LEDGES, SKILLS AND ABILITIES; ACCEPTABLE EXPERIENCE AND TRAINING: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT HEREWITH. NEW BUSINESS (JUAN RAMOS - FENCE ON RIGHT OF WAY AT 102 OMAHA) The Mayor stated that the next order of business was a request from Juan Ramos with regard to a fence on right of way at 102 Omaha. The City Engineer, Mr. Lewis, pointed the property out to the City Council on a map and explained that this request was an extension of the fence on the right of way approved at the last City Council Meeting. Those requesting live on the corner of Omaha Street and First Avenue. The previous request was from people living on Nogales Street and First Avenue. Mr. Ramos wanted to extend the fence previously approved on back of their house. This would be a six foot solid fence. Councilman Raymond asked if there was any problems with this request that did not exist with the other request. Mr. Lewis stated that there was not and that he would request that the property title be covenantas the previous request was required to do. Mr. Lewis pointed out that Mr. Davis, the Building Inspector, was concerned that there was going to be a lot of these requests which does present a problem. The Mayor pointed out that one advantage to this kind of request was that it could cut down on the problem of weeds. He did feel that some consideration would have to be given to the future in making these determinations. MOVED by Raymond, SECONDED by Betts that the variance be granted _ "or the fence on the right of way subject to the conditions of covenant. MOTION CARRIED (HERB SHEARMIRE ON PERSONNEL) The Mayor recognized Mr. Shearmire who stated that the first item he would like to discuss was that there was not enough personnel to cover vacations in the Front Office. He passed out copies of a schedule showing the vacation status for the employees. He explained the chart at some length to the Council and further stated that he was asking approval to hire an individual to cover the vacation time and requested further that he be allowed to budget into next year sufficient monies for personnel to cover vacation time. The person this year would start out basically on the keypunch. In the past, when people took vacations, the work was just left to be caught up at a later time. Mr. Shearmire further pointed out that the immediate concern was to train someone to replace Romona Kitchen while she was on a leave of absence which would begin around the middle of June. It was hopeful that they could get someone through the CETA program with keypunch experience. Councilman Raymond questioned as to whether it would be necessary to advertise for this position. Mr. Shearmire pointed out that if it Book 22 Page 145 was possible to move an employee from one Department to another, it would not be necessary to advertise, but if they were hired out of the City personnel it would have to be advertised. Mr. Shearmire further said that the immediate concern was vacation time, but there was other things to consider. IIe was hoping to centralize purchasing and inventory control which would require a permanent employee. The City Council and the Mayor discussed this issue at some length. The Mayor pointed out that the inventory control for theCity of Caldwell was in bad shape. The Mayor also pointed out that Mr. Shearmire would not only try to make things more efficient at the present time, but would also be suggesting new things that would be likely to increase costs for a while and then cut down as time goes along. Mr. Shearmire also explained to the City Council,5an d the Mayor the Computer Equipment Sujmary and the Computer Conversion costs. He felt it was important that the City Council know the status of the expenses and equipment. The City Council, after discussing the miring of another person, was in agreement that it should be approached on a temporary positio rather than thinking of it as a :f person. It was also pointed out that it would be to th.e City's advantage to try to get someone with keypunch experience. Mr. Shearmire again stressed the point that Mrs. Kitchin would be leaving soon and it would be necessary to hurry the process so to have someone here while she was on leave. He would hope to have action on this matter at this meeting. MOVED by Hopper, SECONDED by Raymond that the Mayor and Administrati Assistant be authorized to hire a temporary employee and that this person be so advised that it was temporary. After more discussion, Councilman Hopper amended his motion to state that the position would be reviewed no later than October 1st. The Second agreed. MOTION CARRIED Mr. Shearmire then stated that there was a few things that needed to be addressed with regard to the Computer Summary list. One was that he would need Council permission to complete the order of 4/6/81 and also needed permission to order the other two pieces of equipment. These were not going to come in until the next fiscal year and they would be budgeted in the next fiscal year. It was, however, necessary to order them now as it would be several months before they would be received. Mr. Shearmire further commented. that the order could be cancelled and so stipulated in the order. MOVED by Betts, SECONDED by Carter that Mr. Shearmire be authorized to order the equipment as discussed subject to cancellation. MOTION CARRIED (APPOINTMENTS OF T. J. HOPPER AND BRYAN STANWOOD) The Mayor stated that the next order of business was appointments to the Cougar Connection, Planning and Zoning Commission, and the Recreation Commission. It was the Mayor's recommendation that the City Council approve the appointment of T. J. Hopper to the Cou -.ar Connection and the Planning and Zoning Commission. Also, the Mayor said he would like to recommend the appointment of Bryan Stanwood to the Cougar Connection and to the Recreation Commission. The Mayor further said that he had talked with both of the.boys and received their acceptance. MOVED by Williams, SUCNDED by Carter that the recommendations submitted by the Mayor for the appointment of T. J. Hopper to the Cougar Connection and the Planning and Zoning Commission and Bryan Stanwood to the Cougar Connection and the Recreation Commission be confirmed. MOTION CARRIED Book 22 Page 146 The Mayor further stated that he would present these two young men their certificates at the evening City Council Meeting on the 2nd of June. (ATTORNEY PROCEDURES - COUNCIL PRESIDENT ALTA E. WILLIAMS) Councilwoman Williams stated that she had met with the City Attorney to attempt to better utilize his time required by the City Council. Instead of working individually which was taking a lot of his time, he proposed using a request form which he felt would allow all the Council members to take advantage of his time She read the letter as follows: In light of your recent concerns regarding municipal officers and employees contact with the Caldwell City Attorney's Office, I have prepared a form entitled "Attorney Referral Request" which I have taken the liberty to enclose. As I stated, I believe all Council members as well as department heads should have easy and ready access to the City Attorney. It is my desire that by using a request such as the one enclosed will not hinder action to the attorney but enhance it. Hopefully a more formal process of attorney referral will better inform the Council as a body as to matters referred to this office. As I suggested in our discussion, the Council needs to adopt some procedure for referring matters to the attorney, as well as a procedure for disclosing of information and opinions provided by the attorney. Perhaps some of the Council members will recall similar comments and recommendations I made before the full Council in April, 1980 at the time of my initial appointment to the post of City Attorney. After discussion, Council members agreed that they felt it was a good idea. The request forms were to be copied and kept in the May.6t's Office and the proper procedure would be to go through the Mayor's Office. MOVED by Williams, SECONDED by Hopper that the City Council adopt the City Attorney referral request and that the Council adhere to this request except in extreme emergencies and all requests must go through the Mayor's Office including the extreme emergencies. MOTION CARRIED (APPOINTMENT OF COMMISSIONER AT LARGE TO STADIUM COMMISSION) The Mayor called on Councilwoman Williams to present this item on the Agenda. Councilwoman Williams stated that she would give a slight background on this item. The Stadium Committee agreed that when the County builds the Fair Building that the City of Caldwell would appoint a Commissioner on the Stadium Board. The Commissioners would like to have Mr. Bledsoe be this person, but because he might have a conflicting date at the time the Stadium Board meets, they would like to have that person to be a Commissioner. Then, if Mr. Bledsoe could come, he would do so. That was the reason for stating the appointment of a Commissioner at large to the Stadium Board. They further designated that they did not want anyone on the Fair Board.. The Mayor suggested that a motion be made stating that a voting Commissioner be a member of the Stadium Board. MOVED by Williams, SECONDED by Hopper that a voting County Commissioner be a member of the Stadium Board. (STANDARD OPERATING PROCEDURES FOR THE AIRPORT) MOTION CARRIED The Mayor called on Councilman Hopper to present the Standard Operating Procedures for the Airport. Councilman Hopper informed the City Council that the Airport Commission and a subcommittee spent untol hours in reviewing the Book 22 Page 147 Standard Operating Procedures for the Caldwell Airport operation. Councilman IIopper further said that the Procedures were primarily recommended by the F.A.A. with some minor modifications to Caldwell' own situation. Unless there was any comments from,.the City Council members, he would suggest acceptance. MOVED by Hopper, SECONDED by Raymond that the City Council accept the Standard Operating Procedures for the Airport. Councilman Hopper also pointed out that this procedure will clear up many of the headaches that have been faced at the Airport in recent months. to whether the City Attorney procedures. Councilman Hopper had requested that the City Councilwoman Williams questioned as had an opportunity to review these stated that the Commission members Attorney approve the Procedures. Councilman Hopper then amended his motion to state that the Procedur, would be accepted subject to.app.roval,of the City Attorney. The sec-;,nd agreed. MOTION CARRIED Councilman Raymond stated that rather than just handing the Procedures to the.City Attorney, he would suggest that perhaps one of the members of the Commission or the Mayor go to the City Attorne; with the Procedures. It was his feeling that any special concerns could be explained to the City Attorney rather than just sending the Procedures to him. After discussion, it was MOVED by Hopper, SECONDED by Carter that the Mayor be asked to have _counsel with the City Attorney with regard to the Standard Operating Procedures for the Airport. MOTION CARRIED (APPOINTMENT OF COLLEGE OF IDAHO REPRFsSENTATIVE TO STADIUM COMMISSION)', The Mayor stated that the next item was a letter received from Dr. DeRosier with regard to the appointment of Mr. Marty I -lolly as the College of Idaho's representative to the Stadium Advisory Board. Dr. DeRosier informed the Mayor in the letter that Mr. Holly could be reached at his Office at the College. Dr. DeRosier also thanked the City for allowing the College of Idaho to have two positions on this important Board. The second representative suggested by Dr. DeRosier was Mr. Graydon Stanley, one of the Admission Representative Mr. Stanley ;played basketball at the facility and was very interested in the Board. The -Mayor then stated that he.would recommend the appointment of Marty Holly and Graydon Stanley to the Stadium Board. MOVED by Williams, SECONDED by Hopper that the City Council accept the recommendation of the Mayor to appoint:Mr. Marty Holly and Mr. Graydon Stanley to the Stadium Board. MOTION CARRIED Councilman Raymond was excused from the meeting. (MAYOR'S COMMENTS) 1. Report on MAAC. The Mayor reported briefly that he had a meeting that afternoon with the Mexican American Advisory Commission. I-Ie now had about fourteen people on thi, Commission. 2. Southwest Idaho Coop Ilousing Authority. The Mayor informed the Council that he had been requested by the Commissioners to appoint a member of the City Council to the Southwest Idaho Coop Housing Authority. It was the Mayor's recommendation that the Council accept his- recommendation that Councilman Raymond be appointed to this Commission. MOVED..by Carter, SECONDED by Williams that the Mayor be authorized to recommend to the Commissioners that Councilman Book 22 Page 148 Raymond be appointed to the Southwest Idaho Coop Housing Authority. MOTION CARRIED 3. Fourth of July fireworks. The Mayor just informed the City Council that he had an envelope that he would encourage Council members to toss a buck or two in to try to help the cause of the fireworks for the Fourth. 4. Report on Easements on the sewer extension. The Mayor quickly reported with regard to the easements on the sewer extension. He reported that there was some problems. (RESOLUTION NO. 24 -81 - TRANSFER AGREEMENT WITH CANYON COUNTY) The Mayor stated that the Resolution and Transfer Agreement between the City of Caldwell and Canyon County with regard to the Pair Site was prepared and ready to be presented to the City Council. He further informed them that the City Attorney had gone over both the Resolution and Agreement and approved them. The Mayor then read the Resolution in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A TRANSFER AGREEMENT BETWEEN THE CITY OF CALDWELL AND CANYON COUNTY. BE IT RESOLVED That the Mayor and Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Transfer Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Canyon County for the purpose of a joint agreement on the Fair Site. MOVED by Williams, SECONDED by Carter that Resolution No. Z4 -81 be passed authorizing the execution of the Transfer Agreement with Canyon County. Roll call vote. Those voting yes: Williams, Mallea, Hopper, Carter, and Betts. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (RESOLUTION NO. 23 -81 AND LEASE AGREEMENT WITH ELKS FOR CURTIS PARK) The Mayor informed the City Council that this Lease Agreement was submitted to the City Attorney for his approval. It was determined that the Mayor would ask the City Council to approve the Resolution authorizing the execution of the Lease Agreement subject to the approval of the City Attpxney. The Mayor then read the Resolution in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND BENEVOLENT AND PROTECTIVE ORDER OF ELKS #1448. BE IT RESOLVED That the Mayor and Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Lease Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell as Lessors and Benevolent and Protective Order of Elks #1448 as Lessee, for the operation and management of Curtis Park. MOVED by Carter,-SECONDED by Hopper that Resolution No. 23 -81 be passed authorizing the execution of the Lease Agreement with the Elks for Curtis Park. Roll call vote. Those voting yes: Carter, Betts, Williams, Mallea, and Hopper. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED Book 22 Page 149 The Mayor reported that he did receive the amendment to the Action Grant which meant that it was still alive if the City could just get the easements. Councilwoman Williams said that she would like to inform the Council that Councilwoman Mallea had requested to be excused for the June 2nd City Council Meeting. There being no further business, the Meeting was adjourned at 1:30 P.M. APPROVED AS written THIS 2 DAY OF June 1981. ATTEST: City Clem