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.
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