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HomeMy WebLinkAbout1985-08-26city council minutesBook 26 REGULAR MEETING August 26, 1985 12:00 Noon The Meeting was called to order by Mayor McCloskey. Page 155 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: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. 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. As there was no one, the Mayor declared that the meeting would continue as outlined. OLD BUSINESS (RESOLUTION REGARDING MERITLESS LITIGATION) The Mayor explained that the first item under Old Business was a Resolution with regard to meritless litigations that was discussed at the last Council Meeting. All members of the City Council received a copy of this Resolution which was drawn up in conjunction with the City Attorney. The Resolution does not obligate the City to any extent except to establish the policy that the City was not happy with the various lawsuits against the City that lack merit. The Mayor further stated that he was hoping that this idea could be taken through the Association of Idaho Cities and made statewide since other cities were having the same type of problems. The Mayor then read the Resolution as follows: WHEREAS, The City of Caldwell and other political subdivisions have been plagued with an increasing number of law cases that they consider are without merit; and, WHEREAS, These bodies are suffering from skyrocketing costs of insurance due in great part to the number of suits brought against cities and counties throughout Idaho and the Country; and, THEREFORE, The City declares the following to be the official policy of the City of Caldwell in all future legal proceedings: The City will defend all actions against it in a vigorous and aggressive manner; and, The City of Caldwell will seek Attorney's fees for the defense of lawsuits in which the City of Caldwell is found to be without liability; and, The City of Caldwell will direct its insurance carriers to aggressively defend any cases brought against the City and not settle said cases unless they are found to be with merit; and, FURTHERMORE, BE IT RESOLVED That the City of Caldwell encourages all other municipal Governments to adopt a similar policy that will seek to stem the number of meritless litigations brought against Cities and other entities of Government. Book 26 Page 156 MOVED by Raymond, SECONDED by Carter that the Resolution as presented by the Mayor be passed. Roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea, Marcus, and Cowles. Those 'voting no: none. Absent and not voting: none. MOTION CARRIED (AWARD BID FOR SPRINKLER SYSTEM AT THE CEMTERY) Mr. Redmond, the City Engineer, informed the City Council that bids were opened for the sprinkler system at the Cemetery on August 19th at 11:00 a.m. Four bids were received; Metcalf Landscaping Contractors from Boise, Sterling Landscape Contractor from Boise, Intermountain Sprinkler System from Boise, and Idaho Law Sprinkler Company from Boise. The low bid was submitted by Idaho Law Sprinkler Company in the amount $84,735.00. The high bid for the job was $114,600.00. The low bid was within the engineer's estimate and this contract would begin on October 1 and will be taken out of next year's budget. It was the City Engineer's recommendation that the Council award the bid to the low bidder, Idaho Lawn Sprinkler Company in the amount of $84,735.00. MOVED by Mallea, SECONDED by Norman to award the bid to Idaho Law Sprinkler Company who submitted the low bid of $84,735.00. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING ON BUDGET FOR 1985 -86) The Mayor asked if there was anyone from the audience who had not signed the paper allowing them to speak to the budget. After all signed, the Mayor stated that he would read the Ordinance as follows: AN ORDINANCE TERMED THE ANNUAL APPROPRIATION BILL, APPROPRIATING MONEY IN SUCH SUM AND SUMS AS ARE DEEMED NECESSARY TO DEFRAY ALL PROPER EXPENSES AND LIABILITIES OF THE CITY OF CALDWELL, IDAHO, NOT OTHERWISE PROVIDED FOR THE FISCAL YEAR BEGINNING THE FIRST DAY OF OCTOBER, 1985, PURSUANT TO THE PROVISIONS OF SECTION 50 -1003, IDAHO CODE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1. that there is appropriated out of any money in the City Treasury, for the purpose of defraying the necessary expenses and liabilities of the City of Caldwell, Idaho, for the fiscal year beginning the first day of October, 1985, the sum and sums of money or so much thereof as may be necessary for the following amounts, to -wit: E: �pend. Rev. Shar. Total General Fund 2,941,253 270,035 3,211,288 Cemetery 131,962 131,962 Library 161,700 30,000 191,700 - -' Street 813,419 50,000 863,419 Airport 201,525 100,000 301,525 Recreation 1.85,191 9,000 194.191 Insurance 1_17,500 117,500 Fire Bond 14,000 14,000 Pool Bond 24,000 24,000 Cap. Imp. 144,746 30,000 174,746 Water C.I. 313,294 313,294 Sewer C.I. 428,267 428,267 Water 1,188,451 1,188,451 Book 26 Page 157 Treatment Plant 762,908 100,000 862,908 Stadium 66,000 160,000 226,000 Golf 282,955 75,000 357,955 Sanitation 657,570 657,570 Cemetery C.I. 8,700 8,700 Perpetual Care 78,300 78,300 Irrigation 224,395 100,000 324,395 Rehab 100,133 100,133 Equip Replace. 2 00,788 200,788 TOTAL 8,846,269 1,124,823 9,971,092 REVENUE General Tax Revenue 2,823,533 Revenue Sharing 1,124,823 Misc. Svs. & Chgs. 321,183 Water /Sewer /Sanitation 2,109,670 Recreational Facilities 608,340 Cash Carryover 2,983,543 TOTAL 9,971,092 The Mayor then declared the Public Hearing open and called on the following who signed up to speak regarding the proposed budgets William Ball, 2118 Iowa Avenue - I am mostly concerned with the buying of the computer. I thought that the items would be discussed one at a time. In the first place, I think the Council was in a hurry to put down the price which was 5115,000. I tried to get a copy of the budget on Friday, but could not get one. Mr. Norman, if I remember right, you said that the computer should pay for itself in four years. Is that right? Councilman Norman - That is correct. If you take the amount of money paid to Nampa plus the amount of money paid for the power for the telephone lines which amounts to $15 a year, and invest that each month into a 9.2% investment program; in forty -eight months the computer would be paid for. Mr. Ball - What are the expenses of operating a computer after getting it? Councilman Norman - That is included in the cost of it for the first five years. Mr. Ball - The electricity and the person to operate it? Councilman Norman - We have those already on board in City Hall. We do not have to hire anymore people to operate it. Mr. Ball - What have these people been doing up to now. Councilman Norman - Operating the facilities that come out of the City of Nampa, Mr. Ball - The other item I was concerned with was the amount budgeted for irrigation and there was no explanation as to what that was for. Ron Redmond, City Engineer - Previously, the irrigation budget only provided for distribution of water, manpower, and very little maintenance on the system. This was one of the things that led to the condition of the irrigation system at this time. The City has a very poor system that is in need of considerable repair. Attempted was to put together in this budget an approach to remedy some of these problems over a period of time as it was realized that it could not be done in one year. An attempt was made to put together a budget that would appear to be reasonable. What you see in this year's budget is an attempt to replace from six to eight percent of our irrigation lines in our municipal Book 26 Page 158 system. In order to do this, buy the material, and pay for the contracts, the City has had to increase the rates from about two to two and a half times. At this rate, it will probably take about fifteen years to get the system into an operational condition. There was some more discussion with regard to forming L.I.D.s to repair the irrigation system. The tape from this budget hearing is on file in the Office of the City Clerk. The Mayor stated that he neglected to have the Council set the amount of time each speaker would be allowed. It was suggested by the City Council that each person have eight minutes maximum to speak. Dennis Dibben, Route 7, Box 83, Caldwell - Had no questions. Camilo Lopez, 1721 Roosevelt, Caldwell - I would like to ask Councilwoman Mallea to refresh my memory as to what the budget from last year consisted of and how much the total was. Councilwoman Mallea stated that for the year October 1, 1984, to September 30, 1985, the total was $7,977,128.00. Mr. Lopez - Then, this year's budget was about two million more than last year. This was a concern. In walking around downtown, it was obvious that there was a lot of empty buildings. Problems and inflation were recognized, but still the budget was increased. Where are we looking for these increased - wages, fringe benefits or where? Councilman Norman answered that there was a substantial increase. There was some increase anticipated in salaries, but the Council was not prepared to announce the amount as yet. The primary reason in the difference this year from last was that all the monies were budgeted. There was no contingencies or carryovers. What the City has in finances is in the budget. Mr. Lopez - As far as property tax :increases - will there be an increase. Councilman Norman - The City would anticipate certifying five percent increase. Mr. Lopez - I would like to point out that certain departments receive more fringe benefits than others. Why is this? The two he noticed immediately was the Police and Fire Departments. Mayor McCluskey - This is a touchy problem as the Fire Department was the only Union Department in the City government. A lot of their fringe benefits were established through Legislative action over the years and the City had no choice but to comply. Mr. Lopez also asked several questions with regard to the irrigation problems facing the City of Caldwell at this time. The City Engineer explained the various problems and possible solutions and why some money was budgeted in this area for repair work on the system. Jerry Harness, 2621 South Montana - I have one question about the new Airport. How is this going to help the City when it was just built about five or six years ago. Councilman Carter answered that the F.A.A. has asked that the cities update their Master Plans for their airports every ten years. A public hearing will be held the 28th of this month on this Plan. With the upgrading of the airport and some additional land, it was hoped that the airport would become self- sufficient so it would not require tax funds„ Most of the money being expended comes from a trust fund from the F.A.A. The funds in this trust come from fuel taxes on airliners, landing fees and so Book 26 Page 159 forth. Most of the money in the budget was Federal monies. it was hoped that improvements at the airport would benefit the City of Caldwell. Mr. Harness - I have one more question which is with regard to wages. How much longer is the City planning to have the step in grade system? Mayor McCluskey - Eventually, if there was no change in personnel, the system would phase out. Raises would then occur when merit increases were allowed or when a person took a different job within the City of Caldwell's Departments. Mr. Harness - Has the Council decided on a wage increase or cost of living raise for the employees? Councilman Norman - I am going to ask the City employees something that they have never been asked before; please bear with the City Council and give them a little time. The raise was forthcoming, but he could not tell them what or how much as yet. Time was needed due to circumstances beyond their control. He would just ask them to have faith in the Council. Mr. Harness - Next month the City employees will start being paid twice a month. The salaries will be the same for the year, but on a monthly basis the employees will receive less take home pay. The distribution will cause this. A possible cost of living increase would help the employees cope with this situation. The Mayor then asked if there was anymore discussion from the City Council. As there was not, the Mayor declared the hearing closed and asked the City Council to take action on the Approriation Ordinance. A copy of the proposed uses of Revenue Sharing monies and a copy of the proposed budget are attached to these minuts. MOVED by Norman, SECONDED by Cowles to suspend the rule requiring the reading of a Bill at three separate times and that the Bill be read by title only if desired for the one reading. Roll call vote. Those voting yes: Norman, Carter, Mallea, Marcus, Cowles, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Norman, SECONDED by Cowles that Bill No. 21 be passed and entitled Ordinance No. 1706. The Mayor then asked if there was any further discussion desired by the City Council members. Councilwoman Mallea stated that this budget has been reduced in numbers; it has not been reduced in meaningful dollars, but only in anticipated Airport Grant which may not or may be forthcoming. There is still no provision for unbudgeted revenue or contingency which enables the City to remain on a cash basis. Therefore, she would vote against the budget. Councilwoman Marcus also requested to be heard at this time. At a time when other Governmental entities are attempting to cut budgets and reduce spending, this budget advocates spending. At a time when revenue from sales tax, liquor sales, and revenue sharing are questionable, this budget is predicated on spending rather than on caution and budget reduction. This situation is similar to having a family with two wage earners and find that the wife will be unable to work for some time and there will be a consequent drop in income. They have budgeted carefully in the past and provided for future plans and contingency with a savings account. Now, however, they decide to convert all they have to cash and spend it on the things they need and want because they Book 26 Page 160 will have less money to spend in the future. And to keep tract of where the monies go, they decide to buy a home computer. I would consider this an imprudent response to a situation calling for prudence. I cannot vote for a budget which I feel endangers the financial security of the City of Caldwell. The Mayor then asked for a roll call vote on the motion as made. Those voting yes: Norman, Carter, Cowles, and Raymond. Those voting no: Mallea and Marcus. Absent and not voting: none. MOTION CARRIED (COMMITTEE REPORTS) Councilman Carter reported to the City Council that the preliminary discussion was held with the Firemen for their new contract. A meeting was set for the next evening at 5:00 p.m. Councilman Cowles reminded the City Council of the party at Wendy`s that evening. Councilwoman Marcus stated that both she and the Mayor attended a meeting on the proposed legislation with regard to Child Care Facilities. (MAYOR'S COMMENTS) (BEER AND WINE LICENSE TRANSFER) The Mayor stated that he had two 'requests for beer and wine license transfers. The letter from the Police Chief was read as follows: Sharron Dill, 414 Elgin in Caldwell has no criminal record which would preclude the issuance of beer and wine licenses for the Time out Club at 424 Elgin. Margie Nickel, 2819 South Georgia #38 in Caldwell has no criminal record which would preclude the issuance of beer and wine license for the Shack at 3019 Cleveland Blvd. The Mayor informed the City Council that all the applications were in order and would ask for action from them at this time. MOVED by Raymond, SECONDED by Cowles', that approval be given for the beer and wine license transfer requests as presented. MOTION CARRIED There being no further business, the Meeting was adjourned at 12:45 p.m. APPROVED AS written September , 1985. Coup Council-person ATTEST: Councilperson 3rd M City Cl 'drk