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HomeMy WebLinkAbout1985-10-14city council minutesBook 26 COUNCIL MEETING October 14, 1985 12:00 Noon The Meeting was called to order by Mayor McCluskey. Page 197 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, and Norman. Absent: Raymond and Carter. (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 (SECOND READING OF BILL #24 - AMEND CODE REGARDING PAWNBROKERS) The Mayor read Bill No. 24 by title only as follows: AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO PAWNBROKERS BY REPEALING CHAPTER 3, SECTIONS 1 THROUGH 12 OF TITLE IV AND ADDING A NEW CHAPTER 3, SECTIONS 1 THROUGH 11, TITLE IV PERTAINING TO PAWNBROKERS: REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH. Councilwoman Mallea informed the Mayor that she would like to discuss the word phrasing within the proposed Bill before it was passed. The Mayor agreed to this and stated that this would be considered the second reading of Bill No. 24, NEW BUSINESS (BILL NO. 26 - AMEND CITY CODE REGARDING APPOINTED OFFICERS) The Mayor read Bill No. 26 in full as follows: AN ORDINANCE TO AMEND TITLE I, CHAPTER 7, SECTIONS 1 AND 2 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO APPOINTED OFFICERS BY DELETING AND ADDING CERTAIN LANGUAGE WITH REGARD TO APPOINTMENTS AND TERM OF OFFICE: REPEALING ALL ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CALDWELL, COUNTY OF CANYON, STATE; OF IDAHO: Section 1. That Title I, Chapter 7, Section 1 be amended as follows: 1 --7 -1: APPOINTMENTS: The mayor shall appoint, subject to the approval of the majo of the full City Council: A City Clerk, C ity Attorney, City Engineer ngi =itig ate ublic Works Dir and Planning and Zoning DirectoT,_ 7 Po ice Chief Fare Chief, City Treasurer anzr Director The Mayor may appoint, subject to approva by a majo of the full tli-e City Council, such other officers as may be deemed necessary for the efficient operation of the business of the municipality. Section 2. That Title I, Chapter 7, Section 2 be amended as follows: Book 26 Page 198 1 -7 -2: TERM OF OFFICE: All appointments shall be made for a specified term and all terms and years of officers, boards and committees shall coincide with the c alendar Fire=d year. Section 3. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Councilwoman Marcus questioned as to whether it was the intent to omit the Assistant Fire Chief and the Parks and Recreation Director. The Mayor said that it was not and should be added along with all others that were approved temporarily at the last City Council Meeting. The Mayor then asked for action from the City Council with regard to this Bill. MOVED by Cowles, SECONDED by Norman to dispense with the rule requiring that a Bill be tread at three separate times and that the correction be made as stipulated. Roll call vote. Those voting yes: Cowles, Norman, Mallea, and Marcus. Those voting no: none. Absent and not voting: Raymond and Carter. MOTION CARRIED MOVED by Cowles, SECONDED by Norman that Bill No. 26 be passed with the corrections as requested and that the Bill be entitled ordinance No. 1711. Roll call vote. Those voting yes: Cowles, Norman, Mallea and Marcus. Those voting no: none. Absent and not voting; Raymond and Carter. MOTION CARRIED (DISCUSSION WITH BUILDING OFIFICIAL ON LICENSING AND BONDING OF CONTRACTORS AND JOURNEYMAN) The Mayor stated that the City Council members received the following memo from the Building Official: As the Building Official, it is my responsibility to promote and enforce safety standards for new and existing structures throughout the City. In an effort to create a safer environment, the City passed licensing ordinances many years ago that would 'insure that anyone working as an Electrical or Plumbing Contractor would first be tested and proven to be reasonably competent to do so. I believe the City Business Licensing has now become a hurdle in the process of maintaining our structures in a safe condition. Many competent State licensed contractors have and will circumvent our permit and inspections because of the cost of the business license. Please note that the revenue generated from these business licenses could easily be replaced by an increase in permit fees. To easily explain what happens, I have created the following example: Caldwell Box Company has purchased additional equipment and lighting and is anxious to have it installed. The owner has a cousin in Boise who owns Joe's Electric and he has agreed to do the work at a discount price. In order to obtain a permit, Joe would need to pay the City of Caldwell ten dollars for a Journeyman's License, and twenty -five dollars for a Contractor's License and provide the City with a bond. If he were to obtain a permit, it would only be an additional $15 to $20. Joe doesn't anticipate working in Caldwell so he decides to bootleg the work rather than pay for a license he will only need for one day. He drives his truck inside the shop and closes the door. His work is not inspected and may contain serious errors, but he knows that Book 26 Page 199 even if we should catch him, he can always say he thought the State was doing the inspections in Caldwell or maybe he thought that as the State stipulated, he had seven days to mail us his permit. We can accept the flimsy excuse in an effort to maintain a good working relationship or we can double the permit fee as a fine.. If we double the fee and require the proper license, he has only spent the additional permit fee - a good gamble! Many contractors, choose to gamble that they won't get caught. The solution to the problem is the following: 1. Eliminate the requirement for a local license and rely on the State Contractor's License and Bond. Other cities have already eliminated the bond requirement. 2. Increase the penalty for not obtaining a permit from double to quadruple fees. 3. Raise the permit fees by the necessary amount to offset the revenue lost from the licenses. 4. Notify all Electrical Contractors of our new policy by mail and strictly enforce it. This new policy would save office time, simplify procedures, and increase the percentage of work being inspected. Tom Wheeler, the Building Official, was recognized by the Mayor and further discussed this proposed elimination of the Contractor's Licenses, Journeyman's Licenses, and the Bond requirement stipulated in the City Code. Explained was the possibility of increasing the permit fees in order to compensate for the loss of income from the licenses. Mr. Wheeler also suggested that the fees be set by Regulations rather than included in the Code Book. In this way, increases or decreases could be made as was necessary without having to write an Ordinance to recodify the City Code. The Mayor stated that the Building Official was asking for some guidance with regard to this request. After some discussion, it was agreed by the City Council that Mr. Wheeler pursue the concept of making the Code changes as proposed. (COMMITTEE REPORTS) Councilwoman Mallea informed the City Council that she would request that the Council members let the City Clerk know if they are planning to attend the Legislative dinner meeting in Boise on the 26th of November. (MAYOR'S COMMENTS) The Mayor stated that he had a request for a new beer license that he would like to present at this time. The letter from the Chief of Police was as follows: Donald W. Shepherd, DOB 2/18/48, has applied for a license to sell packaged beer. A criminal history check has revealed no prior convictions which would preclude the issuance of this license. The Mayor further said that this request was for the Gem Stop located at 614 North Tenth and was for packaged beer. It was then MOVED by Cowles, SECONDED by Marcus that approval be given for the request for a beer license as presented by the Mayor. MOTION CARRIED Book 26 Page 200 The Mayor also read a letter received from Bill Wallis, the Idaho State Fire Marshal. The letter was in reference to Harlan Dilley and his involvement in the Canyon County Arson Task Force. it was agreed by the City Council that this would be discussed further after the completion of the Fire Negotiations. More information was needed before a decision could be made. There being no further business, the Meeting was adjourned at 12:25 p.m. APPROVED AS written THIS 21st DAY OF October 1985. ayor you ci peso �O Cob per n � rs Co cil ersPn Cou o' p � /.. Councilperson ( 596ncilp rson ATTEST: City l kk