HomeMy WebLinkAbout1982-10-19city council minutesBook 23 Page 281
REGULAR MEETING
October 19, 1982
7:30 p.m.
The Meeting was called to order by Mayor McCluskey.
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: L. Carter, J. Carter, Mallea, Betts, and Cowles. Absent:
Raymond.
(APPROVAL OF MINUTES)
it was MOVED by Cowles, SECONDED by L. Carter to dispense with the
reading of the minutes from the Recrular City Council Meeting of
October 5, 1982, the Regular City Council Meeting of October 12,
1982, and approve them as written.
MOTION CARRIED
(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. Since there was no one, the Mayor declared that the
meeting would continue as outlined.
(RECOGNITION OF BOY SCOUT TROOP)
The Mayor recognized the presence of Boy Scout Troop #299 from the
L.D.S. Second Ward and welcomed them to the Council Meeting.
- OLD BUSINESS
(RESOLUTION NO. 53 -82 - JOINT POWERS AGREEMENT)
The Mayor stated that the first order of business was with regard
to the Joint Powers Agreement between the City of Caldwell and
other cities in the State who are interested. The City of Nampa
agreed to this Agreement subject to the City of Caldwell 's
acceptance and several other major cities. This was also true of
the City of Boise. The Mayor further said that he had discussed
this Agreement with the City Engineer and there was two questions
that they were concerned with. One was the payback in - the event
that the City pulls out and the other was a very minor question
which he couldn't even recall. Idaho Power is going to state that
the projected amount of money is at the end of the contract and if
Caldwell were to pull out, anybody else left in there would have to
pick up the tab. This was the reason for the need of the five
major cities to buffer this. The City Engineer felt it was a good
project as did the City Engineer from Nampa.
Councilwoman Mallea was recognized and stated that she had reviewed
the Agreement and was concerned wit "n the fact that there was no
Caldwell representation and no schedule for Caldwell's work. The
Mayor said that a great deal had to be worked out and Idaho Power
would be setting the schedule.
The City Council discussed the Agreement at some length and the
Mayor suggested that the Council approve the Agreement subject to
the concerns they have being clarified.
The Mayor then read Resolution No. 53 -82 by title only as follows:
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE
CITY OF CALDWELL AND ALL OTHER PARTICIPATING CITIES IN THE
IDAHO POWER COMPANY SERVICE AREA FOR THE ESTABLISHMENT OF A
JOINT COOPERATIVE PROGRAM FOR THE CONVERSION OF EACH CITY'S
EXISTING STREET LIGHTS TO HIGH PRESSURE SODIUM VAPOR STREET
Book 23 Page 282
LIGHTS; AUTHORIZING THE MAYOR AND CITY CLERK RESPECTIVELY TO
EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF CALDWELL CITY;
AND PROVIDING AN EFFECTIVE DATE,.
Councilman J. Carter stated that he noted that the Advisory Board
only addressed three people and he would feel more comfortable if
there was more representation on that Board.
It was then MOVED by J. Carter, SECONDED by Cowles that Resolution
No. 53 -82 be passed subject to a change for five people on the
Board and also getting a work schedule.
Roll call vote. Those voting yes: J. Carter, Mallea, Betts,
Cowles, and L. Carter.. Those voting not none. Absent and not
voting: Raymond.
MOTION CARRIED
(REPORT ON PROCEDURES TOWARDS PRISONER .RETENTION FACILITIES)
The Mayor informed. the City Council that the Police Chief was
notified and also an Administrative Order was posted on the
bulletin board of the Police Department that they would be involved
in getting together a general working plan as to what would be
necessary to revitalize the building. An indepth study was being
made as to what other cities pay for prisoners.
The Mayor wanted the City Council to be aware of what was being
done.
(RELEASE RETAINAGE -- TONY RUSSELL)
Councilwoman Mallea reported that the Committee appointed to
discuss - the releasing of the retai_nage for Tony Russell was to have
met with the City Engineer, but due to the fact that he was ill,
she would as] postponement of this item.
NEW BUSINESS
(BID OPENING - COPY MACHINE FOR POLICE DEPARTMENT)
The Mayor stated that the first item. under New Business was opening
of bids for a copy machine for the Police Department. The Mayor
requested that Mary Thompson, of the Police Department, come
forward and read the bids as - they were opened.
The bids were as follows:
Associated Business Products, $5,493; sorter, $750.00; and a
service contract based on 8,000 monthly average would be
$79.79 per month. Bid bond included.
Sassy Office Systems - No bid bond
Finch Brown Co. - No bid bond
Datafax Business Equipment, $5,995; cost of service agreement
based on 8,000 monthly averaage copies is $48.00 per month;
sorter built in.
Pitney Bowes - No bid bond
The Mayor stated that he would appoint a Committee consisting of
Mary Thompson, Councilman L. Carter, and Dave Rowe to review the
bids and come back to the City Council with a recommendation:
(REPORT ON STREET LIGHT PROGRAM AND CRIME STOPPERS)
Councilwoman Mallea informed the City Council that she would like
to .report with regard to an item that Nancy Ostler brought to her
attention. Mrs. Ostler lives between Kimball_ and Tenth in the area
by the L.D.S. Stakehouse where there is no lights and she brought
- to them a report from the City of Coeur d'Alene where they make
Book 23
Page 283
assessments to the property owners Eo.r a certain amount of money to
provide street lights in outlying areas and in City areas. It is
legal and Coeur d'Alene has done it for it's entire City and they
assess a certain amount of money per homeowner for this project.
The Mayor brought Mrs. Ostler to the Crime Stoppers Meeting because
he was thinking it could tie in with the crime program. The action
the Crime Stoppers took was that they would like her to make some
kind of a proposal and bring it back; and they would consider it.
The businesses represented there were unwilling to approve this
without any idea of how much money it would cost. If it was a
minimal amount, they would be more receptive to it than if it was a
larger amount. Mrs. Ostler will bring back some kind of a
proposition so that individuals can sign it rather than an
organization. Councilwoman Mallea further stated that she did not
get the feeling that they were prepared to take this over at the
present time as one of the projects of Crime Stoppers. One of the
reasons being that Crime Stoppers itself has to get itself
financially in a position whereby it is functioning. They had to
wait for their special number and the phone company has charged
them for all of the time and therefore, Crime Stoppers find
themselves in financial difficulties.. Due to this, they are going
to have a Crime Stopper garage sale on the 30th of October at Burns
Chevrolet. They will be happy to take all kinds of donations and
Larre' Robertson, from the Pizza Hut, has kindly offered to store
or pick up anything.
Councilwoman Mallea also reported that Camilio Lopez has resigned
from Crime Stoppers and they are attempting to replace him. The
Crime Stoppers is going to print membership cards. There was five
more Neighborhood Watch Meetings in September, there was
thirty -five signs up and two hundred and fifty -two homes were
enrolled in the Neighborhood Watch Program with three more meetings
scheduled. The Block Program now has its signs and the homes
cleared by the Police Department.
(KOEHLER LAWSUIT)
The Mayor read a letter from Eberle, Berlin, Kading, Turnbow and
Gillespie, Attorneys at Law, with rec[ard to a claim by Lisa Koehler
as follows:
This firm has been retained to represent the interests of Ms.
Lisa Koehler who was involved in. an automobile accident on the
Nampa - Caldwell highway on September 13, 1982. Please file the
enclosed Notice of Claim for damages under the terms of the
Idaho Tort Claims Act, Idaho Code 6 -901 et seq.
If you require further information to complete your evaluation
of this claim, please feel free to contact me.
The Mayor informed the Council that 'he turned this claim over to
the City's insurance agent, but had not turned it over to the
Attorney as yet. The Mayor further stated that he did find a
letter from the Chief of Police stating that it would strongly
appear that the liability in the case rests with the driver of the
vehicle who had a .14 blood alcohol_ level and the victim, who
according to the report, may also have been drinking.
Councilman Betts stated that he would strongly suggest or recommend
that the City start counter suing some of the people for these
lawsuits. Council members agreed with this concept. The Mayor also
pointed out that this would not only hit the person filing the
suit, the Attorney would be subject: to cost too. Councilwoman
Mallea suggested that the City seek; legal advice on this before
taking action.
MOVED by Betts, SECONDED by Cowles that the City Council decline
the claim and investigate the possibility of a counter suit.
MOTION CARRIED
Book 23 Page 284
(RESOLUTION NO. 51 -82 - FARM LEASE WITH LEO DENNIS)
The Mayor explained that this Farm Lease was with Leo Dennis who
has done an excellent job over the last couple of years. The lease
was the same as before and was on ground at the Airport. The Mayor
then read Resolution No. 51 -82 in full as follows:
RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A FARM
LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND LEO AND
VIVIAN DENNIS.
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 Leo and Vivian Dennis, as Lessee; and —
BE IT FURTHER RESOLVED That payments required therein be
authorized by the City Council_, City of Caldwell.
MOVED by Mallea, SECONDED by L. Carter that Resolution No. 51 -82 be
passed. as presented.
Roll call vote. Those voting yes: Mallea, Betts, Cowles, L.
Carter, and J. Carter. Those voting no: none. Absent and not
voting: Raymond.
MOTION CARRIED
(BILL NO. 20 - CODE CHANGE ON SECURITY TRAILERS)
The Mayor explained that the next item on the Agenda was a code
change on fees for security trailers. The Policy was changed with
regard to the fee for security trailers, but it was never changed
in the City Code by Ordinance. At the last meeting, it was
requested that a Bill be drawn up to make this change. The Mayor
read Bill No. 20 by title only as follows:
AN ORDINANCE AMENDING TITLE IV, CHAPTER 5, OF THE MUNICIPAL
CODE OF THE CITY OF CALDWELL, IDAHO, STATE OF IDAHO, RELATING
TO TRAILER COURTS AND TOURIST CAMPS BY DELETING AND ADDING
CERTAIN LANGUAGE IN SECTION 4(G) PERTAINING TO PARKING OUTSIDE
OF LICENSED TRAILER COURTS: REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS HEREOF IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
Councilman Betts asked if the fee was stated in the Ordinance. It
was his understanding that they were attempting to leave all fees
out of the City Code. The Mayor then stated that this would be
considered the first reading of Bill No. 20 and before the next
reading, the Bill would be changed to read -that the fee would be
established by Policy.
(CLAUDE KNIE PROPERTY)
The Mayor stated that with regard to the Knie Property; he needed
direction from the City Council. This property was owned by Claude
Knie by the old river bridge and he has been encroaching on the
City of Caldwell for some period of time. About one -third of his
house was on City property. When the City took quitclaim deed of
all the old interurban right of way, that house was on it. Mr.
Knie was well aware of this and accepts it, but if he wants to
borrow money on the house and etc., he is unable to do so as he
can't get clear title. Mr. Knie would like to buy this ,part of the
property. The Mayor stated that he would just like to have the
City Council pursue this and take a :Look at the land. If there was
an appraisal, Mr. Knie would have to pay for it. The Mayor further
said that he would bring more information back to the City Council
at a later date.
Book 23
(ACCOUNTS PAYABLE APPROVAL)
Page 285
Councilman Betts reported that for the last month there was
$202,142.63 accounts payable; a payroll of $199,321.01 of which
there was $41,508.53 was fringe benefits. This brings a total of
checks written to $401,463.64.
MOVED by Betts, SECONDED by J. Carter that the checks be issued and
the Requests for Payment in the City Clerk's Office.
MOTION CARRIED
(COMMITTEE REPORTS)
Councilman J. Carter stated that he had no reports, but he would
mention that he was hoping that the Chairman of the Airport
Commission would schedule a meeting in the near future. It seemed
to him that they were not meeting as often as they should and that
they should be meeting on a regular basis. The Mayor stated that
he had talked with the Chairman and. would discuss it later with
Councilman Carter.
Councilman L. Carter informed the Council that both he and
Councilman Betts attended the Golf Board of Control Meeting last
week and the revenue was still up. The main item discussed was
going over the fee schedule for the season tickets and it would be
discussed again at the next meeting. Councilman L. Carter also
said he attended the Senior Citizen's Board Meeting.
Councilman Cowles stated that he had been requested by the City
Council to investigate a claim submitted by Bill Helt for an
accident on East Ash and Indiana in which some damage was done to
his vehicle. Councilman Cowles further said that he attempted to
locate Mr. Helt at all the phone numbers given to the City and was
unable to talk to him. The claim was a minimal amount; $16.67.
Since it was not possible to talk to him and also a question of Mr.
Helt not seeing the obstruction, he would recommend that the claim
be denied.
MOWED By Cowles, SECONDED by Mallea that the claim submitted by
Bill Helt be denied.
MOTION CARRIED
Councilman Cowles also mentioned that he thought the Street
Department deserved some credit for doing a good job with the
painting of the streets downtown. He had heard a number of
comments and would suggest that the Mayor perhaps write them a note
stating the Council's appreciation.
Councilman Betts informed the Council that he received a copy of
the proposed budget for the Caldwell Centennial Committee for next
year. There was one thing about the budget that did bother him.
It has always been City policy that Revenue Sharing monies will not
be spent on salaries. The way this budget was put together, this
was where the Revenue Sharing monies were going. Based on this
fact, Councilman Betts stated he could not approve their budget.
Council members stated that they had not seen this budget as yet
and Councilman Betts said that he would wait until they were all
able to take a look at it and then a decision would be made as to
approval.
(MAYOR'S COMMENTS)
(BILL GILBERT MISSING PERSONS AWARD)
The Mayor presented the Bill Gilbert Missing Persons Award to
Councilman Cowles. This award was given to Councilman Cowles by
the Optimist Club in Caldwell.
Book 23
(CITY SKATING PARTY)
Page 286
The Mayor informed the City Council that the Manager of the Roller
Magic Skating Rink has invited all of the City of Caldwell
employees to a skating party on t'.ne lst of November_. This was
mentioned to the Department Heads at Staff Meeting and they were
very enthused about it. The time was 7:30 p.m. at Roller Magic
Skating Rink at 2929 Keim Lane.
(HOLLOWEEN CARNIVAL)
The Mayor said that the Parks and Recreation Department and the
Library have put together a real Holloween Program for the 30th of
October; children from 1:00 p.m. to 5:00 p.m. and will start at the
Armory. In conjunction with that, there will be a Spool-house at
the Old Jefferson Building.
Councilman J. Carter stated that he had talked with several people
the last couple of weeks with regard to Mr. Dolly °s expertise in
putting programs together for the Parks and Recreation Department.
The Mayor said that he would give Mr. Holly this information.
(WATER DEPOSIT REPORT)
The Mayor stated that this was for informational purposes. Since
the Council decision to take water deposits, there has been
twenty -six $40.00 deposits and one $100.00 deposit. It has been a
good project.
(IDA -ORE - RAND LINDLEY)
The Mayor just wanted the Council to know that Rand Lindley will be
at the Council Meeting on the 26th of October with regard to
Ida -Ore.
(APPROVAL OF DESTROYING OLD RECORDS)
It was explained by the Mayor that there was extensive work done at
the Police Department in going over old records upstairs. The
girls worked two Saturdays going over all of the records stored and
did get items sorted to be destroyed and others to be microfilmed.
One old map was found of the City of Caldwell which the Mayor said
he would like for the Council members to see. The Mayor further
said that it would be necessary to have a motion from the City
Council to approve destroying the records .found that the City was
not by law required to maintain.
MOVED by L. Carter, SECONDED by Cow -Les that approval_ be given for
destroying the old records determined by Staff were not necessary
to keep.
MOTION CARRIED
(RESOLUTION NO. 52 -82 - ADDENDUM TO PURCHASING POLICY)
The Mayor stated that the next order of business was a Resolution
to approve an addendum to purchasing policy with regard to per diem
expenses paid by the City of Caldwell. The Addendum was as
follows:
Per diem expenses paid by the City of Caldwell (in addition to
lodging) will not exceed a total of $12.00 per day per person.
The exception to this would be when the registration fee
includes meals.
If a credit card is used to pay for the meals, the slip is to
be itemized showing - t:he number of meals being paid for and the
amounts of each mea. No credit card bills will be paid if
they are not itemized. Under no circumstances is a bar_ bill
to be included on the credit card slip.
Book 23 Page 287
Failure to comply with this section will result in the
cancellation of the City credit. cards. This would mean the
employees would pay their own expenses and later be reimbursed
to a maximum of $12.00 per day.
The City Council discussed this suggested addendum and determined
that the amount per day should be increased to $15.00.
The Mayor then read Resolution No. 52 -82 as follows:
RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPROVE AN ADDENDUM
TO THE PURCHASING POLICY OF THE CITY OF CALDWELL.
BE IT RESOLVED That the City Council of the City of
Caldwell, be and the same hereby are, authorized to approve
that Certain Addendum to Purchasing Policy attached hereto and
made a part hereof as if set forth in full relating to Per
Diem expenses paid by the City of Caldwell.
Councilwoman Mallea stated that she would strongly suggest that no
credit card bills be paid unless itemized and that consideration be
given to having a Master Charge Card for the Police Department.
MOVED by Betts, SECONDED by Cowles that Resolution No. 52 -82 be
passed with the change as determined in the Addendum.
Roll call vote. Those voting yes; Betts, Cowles, L. Carter, J.
Carter, and Mallea. Those voting no: none. Absent and not
voting: Raymond.
MOTION CARRIED
Councilwoman Mallea also suggested that just one person be
designated to handle the credit card.
(LETTER FROM FIRE DEPARTMENT)
The Mayor read a letter to the City Council from the Fire Chief
with regard to hose drying at the Fire Department. The Chief was
asking permission to proceed with this concept. The Mayor stated
that he informed the Chief that approval was given for him to go
ahead on this and monies were budgeted.
There being no further business, the Meeting was adjourned at 8:50
p.m.
APPROVED AS written THIS 2nd DAY OF
Nove mber
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