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HomeMy WebLinkAbout1986-11-17city council minutesBook 27 REGULAR MEETING November 17, 1986 7:30 p.m. The Meeting was called to order by Elayor Cowles. Page 215 The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Raymond, J. Cartes:, L. Carter, Mallea, Marcus, and Marmon. Absent: none. (APPROVAL OF MINUTES) It was MOVED by J. Carter, SECONDED by L. Carter to dispense with the reading of the minutes of the November 3, 1986, Regular City Council Meeting and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to address the City Council on an item that was not included on the Agenda. Mr. Bob Sower was recognized by the Mayor and requested to speak. Mr. Sower explained that he was a member of the Golf Board for the City of Caldwell. As a member of that Board, he was seeking some answers before their meeting on Thursday where they planned to set fees for the courses and also spaces for the carts. He wanted to thank Councilwoman Mallea and Donna Talley for their input as they directed him to certain things that he researched and he was able to cut down about eighty g y percent of what he planned to talk about. The primary issue was that he would like to reconcile some figures in his mind. He was given some figures by Mrs. Talley. There has been a figure of $218,000 or thereabouts as a fund that has been built up by the golf courses. Some members of the Golf Board are aware of this sum of money and have some ideas as to how it should be used. Mr. Sower further said that he tried to track the money down and reconcile the figures to actuality. With the help of Mrs. Talley, he found that there is a sum of $158,000 plus or minus that is not allocated and in the bank. It is not allocated with one exception; there is approximately $45,000 as a contingency reserve for capital improvement of equipment. Councilwoman Mallea stated that she knew there was a contingency for equipment and the City was also required to keep a contingency for unusual expenses or something out of the ordinary happening. She did not know if Mrs. Talley included that in this amount of money or not. Mrs. Talley assured them that ten percent of the green fees was included in the $150,000. Mr. Sower further said that all of this was supposed to part of the $218,000, but this $45,000 cannot be spent for anything except that particular thing. So rather than having $218,000, there would be an adjusted figure of somewhere between $113,000 and $126,000 unallocated funds. Is this correct? Mrs. Talley stated that it was correct. Mr. Sower stated that he just wanted to verify this and have it go on the record so that when the Hoard met, he could speak with authority to the other members of the Board. Mr. Sower further asked Mrs. Talley if he understood correctly that previously this Book 27 Page 216 year there had been approximately $75,000 in matching funds, but because the Golf Association failed to come up with their $75,000, that money was re- distributed. Mrs. Talley stated that this was the Revenue Sharing Fund. it was not rebudgeted in the 1987 budget. Mr. Sower stated that the only other question was with regard to the expenditures for the! Golf Course and where the Golf Board really fit into the scheme of things. Does the Council feel that the Board should see the vouchers for purchases or should it be run through the liaison of the City Council and the Golf Board? Councilwoman Mallea said that her own feeling was that the Council would rely heavily upon your recommendation for payment. That might be a good purpose of the Golf Board to approve expenditures and to approve the buying of equipment within their budgertary process. I would ask the City Council if this would be the correct procedure. Councilman L. Carter stated that he would think so. That was the main reason to have this Board. Mr. Sower said that several members asked about this particular item, but he could not remember of ever seeing any vouchers or whatever required for purchases. Councilman L. Carter further said that when the budget is established, a member of the Board does sit in on the process. Councilman Raymond stated that he felt different time frames were being discussed. At the time the budget was set, if equipment is listed and approved in the completed budget, he did not see why the individual Board members have 'to go back and see vouchers. Are we talking about budget preparation? Councilwoman Mallea answered that what they were talking about was not the usual and ordinary expenses of power and etc., but rather when small equipment is listed or when improvements are listed. They would like a say in what improvements were contemplated and how they were paid for. Mr. Sower said that it was simply those things that were not budgeted. Council reminded him that items have to be budgeted to be purchased. Mr. Sower stated that he was talking about items that were not included in the budget such as the thatcher which was authorized_ Councilwoman Mallea further said that the Board has expressed concerns with regard to the final period of the budgetary year when small equipment or projects are undertaken prior to the Board's knowledge. They would like some ability to direct those matters. In other words, they would like to have some input before the budget is finalized and would like some input towards the buying of equipment or the completion of projects. MOVED by Mallea, SECONDED by Marmon that the Golf Board be consulted on all non - budgeted items prior to purchase. MOTION CARRIED OLD BUSINESS (THIRD READING OF BILL NO. 20 - HISTORICAL COMMISSION) Mrs. Robison was recognized by the Mayor and stated that the Commission met on Friday and would like to suggest one change to the Bill. Instead of a fixed number of nine members, it be worded as no more than nine members. Book 27 Page 217 Councilman J. Carter also requested that in 2 -13 -3: Historic Preservation Commission, Section (4) reading, "Members of the Commission may be reimbursed by the City for expenses incurred in connection with their duties" be deleted. None of the other Commissions in the City have this clause in the Code. MOVED by J. Carter, SECONDED by Mallea that the two changes be made to the Bill. MOTION CARRIED Mayor Cowles requested that Councilman Marmon read Bill No. 20 by title only for the third reading as follows: AN ORDINANCE FOR THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, CREATING A NEW SECTION, TITLE II, CHAPTER 13, SECTION 1 THROUGH 7 IN REGARDS TO HISTORIC PRESERVATION COMMISSION: PROVIDING FOR THE ESTABLISHMENT OF THE HISTORIC PRESERVATION COMMISSION; PROVIDING FOR DEFINITION, PURPOSE, ORGANIZATION, DUTIES, RESTRICTIONS, AND SEPARABILITY. MOVED by L. Carter, SECONDED by Mallea that Bill No. 20 be passed and entitled Ordinance No. 1735. Roll call vote. Those voting yes: L. Carter, Mallea, Marcus, Marmon, Raymond, and J. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (ORDINANCE TO AMEND CITY CODE REGARDING VOTING PRECINCTS) Mayor Cowles explained that this Bill was presented by the City Clerk for the purpose of updating the boundaries of the voting precincts within the City limits of Caldwell. Councilman J. Carter read Bill No. 22 as follows: AN ORDINANCE AMENDING CHAPTER 2, TITLE XII OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL AS IT PERTAINS TO THE DIVISION OF THE CITY INTO PRECINCTS FOR VOTING BY CHANGING LANGUAGE IN SECTION 1 PERTAINING TO NUMBER OF PRECINCTS, ADDING A PRECINCT 7 AND BY REPEALING THE DESCRIPTIONS OF PRECINCTS NO. 8, NO. 9, AND NO. 15 AND ENACTING A NEW DESCRIPTION FOR PRECINCTS NO. 8, NO. 9, AND NO. 15; REPEALING ALL SECTIONS INCONSISTENT THEREWITH, PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. MOVED by Mallea, SECONDED by Marmon to suspend the rule requiring that a Bill be read at three separate times and that the Bill be read by title only for the one reading. Roll call vote. Those voting yes: Mallea, Marcus, Marmon, Raymond, J. Carter, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Mallea, SECONDED by Raymond that Bill No. 22 be passed and entitled Ordinance No. 1737. Roll call vote. Those voting yes: Mallea, Marcus, Marmon, Raymond, J. Carter, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (DISCUSSION ON FIREFIGHTER'S CONTRACT) Book 27 Page 218 Mayor Cowles stated that he would request that Councilman Raymond, a member of the negotiating Committee, address this item on the Agenda. Councilman Raymond made the following statement: It was my honest belief on Wednesday of last week following the negotiating session with the Firefighters that realistic progress had been made and that we could have a contract on the table tonight. I so advsed the Mayor and asked for this item to be placed on tonight's agenda. Subsequent events on Thursday changed this probability. It is my recommendation to the Council that no further attempts be made with respect to the contract dispute until the Council is unanimous in deciding to negotiate. It is impossible to openly and honestly negotiate with fifty percent of the City Council publicly opposed to do so. It is my belief that State Code requires that we negotiate and it seems we don't look serious with the present approach. It would be a further recommendation that the makeup of any future negotiating by the City Council include a Representative of the Finance Committee. I would suggest a seven day period prior to attempting any further negotiating. Councilman L. Carter stated that he would agree with Councilman Raymond's remarks. They met with the Firemen several -times and he also felt that an agreement would be ready for approval at this time. He would also agree that all of the City Council needed to agree before negotiations continued. Councilman J. Carter stated that he had a letter from Councilman Raymond last Thursday saying that the Firemen had agreed to certain things. Are you now saying that they no longer agree to these items? Councilman Raymond said that in the letter he was attempting to bring about an agreement and asked for Council consideration of certain factors: Item 1 was that the firemen will agree to accept a 3.5% base salary increase. He asked the City Clerk to poll the Council members to see ii`, in fact, this package was acceptable. Item 2. Salary adjustment to be retroactive to -- October 1, 1986. Item 3. Additional 2% base salary adjustment to be effective April 1, 1987. The memo further stated: It would be my recommendation to the Council to agree to 3.50 retroactive and deny the 2% in April. Councilman Raymond further said that the firemen had not agreed to this; that was my proposal to take back to them following our negotiating session. That is what negotiation is - you go one way and then the other, The memo further stated: I would plan ratification of Contract at Regular Meeting on Monday, November 17, 1986. Any news release to be held in abeyance. Cal and I spoke briefly on a joint phone call to Tom McCarthy following that session. Councilman Raymond continued by stating that he has yet to receive answers from all of the Council. He since learned that the Firemen may not have accepted his counter offer in any event, but following Thursday's news release, there was no desire on their part to go back to the table. Councilman J. Carter said that what Councilman Raymond was saying was the fact that the Firemen have broken off negotiations. Councilman Raymond stated he was not saying the Firemen have broken off negotiations. The Firemen were not desirous of going back to the table. He did not consider this breaking off negotiations. He considered it reevaluating their position following press releases by this Council. Councilman L. Carter stated that lie would like to hear some comments as to whether the Committee should go back to negotiations or not. Councilman J. Carter said that issue was already voted on previously. Book 27 Page 219 Mayor Cowles reminded the City Council that they did vote on going back to negotiations at which time the vote was tied. He felt it was important based on the information received from the Fact Finders to go back with the report as a tool whether Council felt it was flawed or not and try to resolve the issue. At that time, the Mayor broke the tie vote. The Mayor further stated that it was difficult to go back to negotiations if half of the people on the Council are not willing to negotiate. The President of the Council was correct when he said that you have to give and take to succeed. If that is not done, we are continuely wasting time going to the Firefighters trying to reach an agreement if the City is truly not negotiating. If we need a week to settle down, then let's do so. We are going to operate under a contract, we are going to have fire protection and we are going to try to the best of our ability, whether this Council wants to or not, adopt some kind of contract. If the best we can do is a three to three vote, and I have to break the tie, then I will. This is ridiculous; the firemen don't deserve it, the two negotiators don't deserve it, neither does the Council, and I have better things to do than wonder whether we are going to proceed. Most importantly, the people of Caldwell don't deserve this. We are acting in the capacity of elected officials and that means to listen to what the folks want and they want this to be resolved. I would hope that these elected officials would show that responsibility and do so. Councilman Raymond stated that he would further report that he has not received answers to the consensus requested from all members of the Council. He would assume that none of the items were acceptable to the Council members_ The Mayor asked if there was anyone from the Finance Committee who would care to sit in on the negotiations when they continue. Councilman J. Carter said that he would be willing to do so. Councilman L. Carter asked the Mayor just what the wishes of the Council were at this time. Councilman J. Carter answered that the Council voted previously to go back to the negotiations. At that time the vote was tied and the Mayor voted in favor to go back to negotiations. Councilwoman Mallea stated that she did not feel it was totally the responsibility of Council for breaking off negotiations. She was seeing a great deal in the news media concerning this matter both from elected officials and from members of the Fire Union. In the interest of trying to allow the heat to settle, she would like to follow the Council President's request that the City let it subside for seven days and at that time make a new rush at the negotiations. Councilman Raymond said that he did not like the term breaking off negotiations. When the Committee left the last negotiating session, it was his responsibility to bring a proposal back to the Council and then go back to the Firemen. He had yet to receive that answer. Since there was no answer, he could not set another meeting. The Firemen have made the last proposal to the Council and there has not been a response from the Council to that proposal. MOVED by Mallea, SECONDED by L. Carter that pursuant to Idaho State Code, Section 67 -2343, an Executive Session be called at Noon on Monday, November 24, 1986, I - or the purpose of discussing labor negotiations. Roll call vote. Those voting yes: Mallea, Marcus, Marmon, Raymond, J. Carter, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (BEER LICENSE TRANSFER - SAFEWAY STORE) Book 27 Page 220 Mayor Cowles explained that this was a request for a transfer of name for the beer and wine license at Safeway Store. A letter was received from the Police Chief as follows: Bernat Rosner, DOB 01/09/32 has applied for a beer license to sell beer at Safeway Store #257. A criminal history check has revealed nothing that would preclude issunce of this license transfer. Mayor Cowles informed Council that everything was in order and he would ask for a motion to approve. MOVED by Raymond, SECONDED by Mal.lea to approve the license transfer for Safeway Store as requested. MOTION CARRIED (REPORT FROM CHILD CARE FACILITY COMMITTEE) Mayor Cowles recognized Councilwoman Marcus who presented the report from the Child Care Facility Committee. She briefed the City Council as to the events leading up to the request for a Committee to be formed. The Committee did investigate all the material they collected and the facts relating to the insurance problem and the difficulty of compliance with the ordinance. The conclusions of the Committee were as follows: 1. The ordinance was intended to promote the safety and well being of the children attending day care centers and other child care facilities and to discourage child care businesses being operated in unsasfe premises by unqualified or questionalbe persons. 2. The insurance crisis which developed shortly after the adoption of the ordinance has put a burden on the child care facilities and the City and nullified the intent of the ordinance by penalizing those willing to comply but unable to due to a change of conditions. 3. It is requested by the Committee that consideration be given to a repeal of the Child Care Ordinance; Title 4, Chapter 23. 4. It is also suggested that the State Legislature be urged to come to grips with this problem and formulate a Child Care Bill which will serve to safeguard the children while encouraging competent and professional standards of care without penalty from insurance costs and unavailability of insurance. The burden of liability can be better handled by t:he State. MOVED by Mallea, SECONDED by J. Carter for the procedure to repeal the portion of the City Code, Title IV, Chapter 23, regarding Child Care Facilities be authorized. MOTION CARRIED (POLICY FOR EMPLOYEE'S BONUS) At the request of the Mayor, Councilman Marmon explained that the Finance Director asked that the Finance Committee develop recommendations for the City employee bonus so to clarify who was to receive the bonus. Councilman Marmon then read through ten points that he would ask the City Council to consider. After discussion among the Council members, it was agreed that the Council would discuss the bonus policy further after the Regular City Council meeting was adjourned. (FINANCIAL REPORT) Councilman J. Carter reported that the Finance Committee has gone over the bills. There was accounts payable in the amount of $409,158.03; a payroll of $315,759.24 making a total of $725,217.27. Book 27 Page 221 MOVED by J. Carter, SECONDED by Marmon that the financial statement be approved, the bills paid and the Requests for Payment filed in the office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilman Raymond reported that the Search Committee met that afternoon and talked with a potential applicant for the position. The Committee has received five responses for an ad published in the IAAM publication. Councilman Raymond further stated that they anticipated talking with other applicants in the near future. They were close to bringing the Council into the interview process. Councilman J. Carter stated that they met with a representative from the Hay Management Group. She sent information which was distributed in the Council boxes. Councilwoman Mallea informed Council that the I.L.O.T. Committtee, which was not a City Committee, held a meeting recently. It was the recommendation of that group that the Committee be terminated. The money given to the Committee by the Armory Association will be returned to that Association. Those funds were to be used for the greenbelt and etc, on the highway. It has been difficult to make this a.n ongoing project. The money contributed by individual persons cannot be returned to them because of the nonprofit association and the fact that a tax credit could have been taken by them. Bill Gigray and Al Bates were working on the process to disolve the Committee. The funds above those contributed by the Armory will be used on some particular project involving the greenbelt. Councilwoman Mallea also read a letter addressed to her from the County Commissioners as follows: It has been called to our attention that the four crosswalks marked on the streets surrounding the Courthouse (Two on the east side, one on the south side, and one on the north side) have never been approved by the Caldwell City Council. With the big increases in traffic at the Courthouse, we have found the crosswalks to be very convenient. Would the City Council consider accepting the crossing as designated crosswalks? if there are proper procedures to be followed concerning a request of this type, please advise us. Your assistance will be very much appreciated. Councilwoman Mallea stated that she would remand this letter to the City Engineer for the response. MOVED by Mallea, SECONDED by Marmon for approval of the crosswalks. MOTION CARRIED Councilwoman Marcus reported that she attended the Library Board meeting last Thursday. The employees from the Library wanted her to ask the Finance Director if it was possible for their pay checks to be available in the morning on Friday. The Finance Director replied that their checks were ready at the same time as the other employees. If there was a Friday when they were ready earlier, she would certainly inform them; otherwise there was just no way they could be ready earlier. Councilwoman Marcus also stated that the bid from Caldwell Paint an Glassfor the doors at the Library was approved in the amount of $4,434.53. There will soon be a new Board member as Sylvia Hunt will be leaving the Board. Councilwoman Marcus reminded the Council of the following events: Santa will be arriving in Caldwell on the 22nd of November, a program will be presented in downtown Caldwell on Kimball near Arthur Street at 2:00 p.m. that day along with the tree lighting ceremony and an appearance of Book 27 Page 222 the Caldwell Community Christmas Choir. Those interested in participating in the Choir are to assemble at Trolley Square at 1:00 p.m. The Salvation Army will be there to accept any canned goods for the needy from anyone caring to contribute. There will also be a Christmas decorating contest involving schools and clubs. On November 23rd,, many of the stores will be having open houses. Councilman Raymond further reminded Council of the Open House and ribbon cutting at Craft Corner on Thursday, the 20th at 1_0:00 a.m., Caldwell Floral at 10:00 a.m. on Friday, the 21st, and American Music at 11:00 a.m. on the 21st. (MAYOR'S COMMENTS) Mayor Cowles requested action from the City Council on a beer license renewal for the Pizza Hut. MOVED by Mallea, SECONDED by L. Carter that approval be given for the renewal of the beer license. MOTION CARRIED The Mayor reminded the City Council of the Association of Idaho Cities dinner the coming Thursday night in Boise. The Mayor read the following memo from Randy Dearden, the Water Superintendent: Request permission to advertise for bids to purchase Phase 4 meters for the system changeout. Meters shall conform to the attached specifications. Quantity will be 1,000 to complete cycle 4 and a portion of cycle 5. MOVED by Raymond, SECONDED by L. Carter that approval be given to proceed with the bidding process. MOTION CARRIED The Mayor reminded Council that a proposal from Mr. Winder was received and a copy distributed to the Council. It was the Mayor's request that the City Council give some thought to this proposal as he would like to be able to give Mr. Winder an answer by Wednesday. Councilman Marmon reminded the Council of the Open House after hours this Thursday at Summers Office Supply. The City Engineer reminded the Mayor with regard to the Depot. Mayor Cowles explained to Council that Mr. Charlie Clark would like to have a time and date when the Council would care to tour the Depot. Mr. Redmond stated that he had the keys to the building and the tour could be at any time. Councilman J. Carter suggested that Thursday would be a good time for the tour. The Mayor stated that they would arrange it for Thursday. There being no further business, the Meeting was adjourned at 8:30 p.m. APPROVED AS 1986. ATTEST: City Clerk written THIS lst DAY OF December Mayor Co il on ounc - ilpers� Coun�ciilperson