Loading...
HomeMy WebLinkAbout1986-12-01city council minutesBook 27 Page 223 REGULAR MEETING December 1, 1986 7 :30 p.m. The Meeting was called to order by Mayor Pete Cowles. 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, L. Carter, Mallea, Marcus, and Marmon. Absent: J. Carter. (APPROVAL OF MINUTES) MOVED by L. Carter, SECONDED by Marmon to dispense with the reading of the minutes of the Regular City Council Meeting of November 17, 1986, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) Mayor Cowles asked if there was anyone from the audience who cared to address the City Council on any item that was not included on the prepared Agenda. Mr. Cal Clevenger was recognized by the Mayor. Mr. Clevenger stated his name and his address, 1019 Hird St. in Caldwell. Mr. Clevenger proceeded by explaining that he wanted to address the City Council with regard to the present Contract impasse between the City and the Caldwell Fire Department. The Fire Department would like to avoid the need to extend the Contract by resolving the matter at this time if possible. it was the Firemen's intention to present to the Council a new suggestion and polling each member of the City Council personally. They did recognize the Council's concern with the difficult economic times in the community. The Firefighters were asking for a three percent increase retroactive to October lst with an additional two percent in April. The Fact Finder's recommendation was five percent. Waiting until April for the final two percent would save the City $3,152. The Firemen were also requesting, with the City's blessing, that the retroactive portion be contributed back to the HELP Program sponsored by the City to aid the needy within the Coiznnunity. This amount would be approximately $1,625. Mr. Clevenger further stated that he would hope that the Council would find this proposal reasonable and make an effort to resolve the differences with an agreement that will aid the needy, relieve the turmoil of negotiation, and enable the Firefighters to direct their energy toward what they do best - fighting fires and saving lives. Mr. Clevenger then directed the proposal to Councilwoman Marcus and requested a reply as to whether she would feel comfortable with this type of consideration. Mayor Cowles asked for clarification as to what the Firefighter's proposal was. Mr. Clevenger stated that they were asking for a three percent raise retroactive to October lst with an addition of two percent in April. This was a compromise of the Fact Finders compromise of a five percent. The year end result would be five percent going into the next negotiation session. The retroactivity of the three percent would be donated to a City charity in the amount of $1,625 to the needy within Caldwell. The City Clerk noted the arrival of Councilman Jack Carter. Book 27 Page 224 Councilwoman Mallea stated that she would question the legality of polling the City Council on a proposal that was being negotiated between City and Firefighters. Mayor Cowles also said that he had difficulty in pursuing polling the Council at this time. Mr. Clevenger further commented that Councilman Raymond has been under a great deal of pressure trying to negotiate a contract in good faith. Four people on the Council were basically stonewalling negotiations between the City and Firefighters. He felt that this stems from the Financial Committee's determination that their summary report: was correct. Since then, it has been proven through the Fact Finding process that it was not. Money does exist in the budget; a great deal of money and there is a great deal of money in the salary budget for raises. Both the taxpayers and the firefighters have spent a lot of money determining this fact. Mr. Clevenger stated that it was a waste not to recognize that report. After considerable discussion, Mr:. Clevenger again addressed Councilwoman Marcus and ask if she felt comfortable with the proposal as stated at this time. Councilwoman Marcus stated that her position was the same at this time as it was during the last Executive Session last ]Friday. She could see no difference between the two proposals. Any salary discussion or negotiations should be considered in an Executive Session after a proposal is presented. If this proposal was a new one, it should be handled in that manner. Mr. Clevenger stated that he felt there needed to be a public awareness of the availability of monies; that the Council has an attitude that is not complimentary to the Fire Department; and they were requesting an answer as to why. Mr. Clevenger then asked Councilwoman Marcus if she attended the Fact finding Hearing and if she read the report. Councilwoman Marcus stated that she did attend, read the report. In answer to Mr. Clevenger °s next question, Councilwoman Marcus stated that she did have a problem with qualifications and recommendations of those on the Fact Finding Committee. She further said that they did not help establish the budget and she did not believe that they had all of the facts that the :Finance Committee had to work with. Mr. Clevenger stated that he did not believe that the Committee needed to be present to interpret the budget. MOVED by Mallea, SECONDED by J. Carter the matter be tabled until the City Council has the time to discuss it. Roll call vote. Those voting yes: Mallea, Marcus, Marmon, Raymond, J. Carter. Those voting no: L. Carter Absent and not voting: none. MOTION CARRIED Councilman Raymond then asked if the City Council would be receptive to a recess to discuss this matter. He did not want to delay again and he felt an answer should be given tonight. Councilwoman Mallea suggested that a few minutes be given to the other party requesting to be heard during the Audience Participation. MOVED by L. Carter, SECONDED by Raymond that pursuant to Idaho State Code, Section 67- 23413, the City Council recess and convene into an Executive Session for the purpose of discussing labor negotiations immediately following Mr. winder's appearance before the Council. 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 Book 27 Page 225 Mr. Dick Winder was then recognized by Mayor Cowles. Mr. Winder explained that he was present at the Council Meeting as a representative of the Industrial Development Committee of the Caldwell Chamber of Commerce. At a recent meeting, there was considerable discussion regarding problems that many communities are having in the State of Idaho in securing new jobs that produce new revenue. The additional funds result in the opportunity for cities and other taxing bodies to have additional monies to use for a variety of purposes. Part of the problem discussed by the Committee was the delays that occur when someone seeks to locate a business or industry in a community. They are required to comply with a variety of` rules and regulations which were instituted in a time when they were trying to slow down development and get control of possible pollution of the quality of living in Idaho. Mr. Winder further stated that those communities that are able to make decisions quickly are able to get new industry and business in their communities. It was Mr. Winder's request that the City Council give consideration to establishing a zone for Heavy Industrial use. He would ask that. the Council along with the Planning and Zoning Commission review the procedures to try to speed up the process. The Chamber was supportive of what the City Council was doing and would be happy to help the City Council. Mr. minder introduced other members of the Chamber Committee present at the meeting. It was determined that Mr. Winder would work with the Planning and Zoning Commission and the Council to try to remedy some of the problems. Mayor Cowles then recessed the City Council Meeting at 8:00 p.m. and the City Council convened into an Executive Session. The Meeting was reconvened by Mayor Cowles at 8 :20 p.m. The Mayor read from Mr. Clevenger's proposal: We are asking for a three percent raise retroactive to October 1, 1986, with an additional two percent in April which complies with the recommendation made by the panel. This would save the City $3,152 by postponing the total effect of the raise for six months. We are also requesting that: the retroactive portion of the monies be contributed back to the HELP Program sponsored by the City to aid the needy in the community. Mayor Cowles further stated that he was now going to ask each of the Council members if they could support this proposal as read. Councilman Raymond replied that he has never agreed to the additional two percent in April in Contract negotiations or to the City Council members. He did feel that a point has been reached in the community that this might be the cheaper way to proceed. He would therefore vote yes. Councilman J. Carter voted no; Councilman L. Carter voted yes; Councilwoman Mallea stated that she would vote yes for the three and a half percent retroactive, but would not vote for the two percent in April; Councilwoman Marcus voted no; Councilman Marmon stated that he would like to explain his answer at this time. Councilman Marmon's comments were! as follows: I think the citizens of this community have a right to know the Council's position. Our position has not been made clear in the Press. The questions asked and answered have not been made known to the Press or the public. First of all, in response to a mews Broadcast on Channel 7 - pride is not an issue. Facts are the issue. The past Councils were charged last spring with improper handling of City finances for the purpose of irrigation in this community. People said that the Councils of the past had not held funds aside to properly maintain an irrigations system; thus resulting in an irrigation system in disrepair. This Council has Book 27 Page 226 not done that; we have held aside contingency funds. We have funds in the Water Department, in Sewer, Irrigation to try to keep ahead of the problems in the systems. The words too proud were not appropriate. While working on the budget, Department Heads came to the Council with budget requests. Each Department Head wrote up their requests for M & 0. They came with a request for the General Fund alone from which Firefighters derive their income to the tune of $410,000.00 more to be spent than was anticipated by our Financial Officer in the fiscal year 1987 revenue. They were asking us to deficit spend to the tune of $410,000.00. They wanted us to use cash from last year or previous years collection or surpluses to pay fiscal year 1987 bills. This was only for the ordinary maintenance and operations part of the budget. The other budgets in the City showed similar deficit situations. On October lst, there was a cash balance of $902,000.00 in the General Fund. This meant that the check book had $902,000.00 in it. Of this, $410,000.00 was allocated, budgeted by this Council by unanimous Council to be used to pay for 1987's M & 0 bills leaving us with a balance of $492,000.00 in cash in the checking account. Budgeted money, once budgeted, is the same as spent. You can't budget money twice; you can't spend it twice -- it is against the law. So you have $492,000.00 left and in the first three months of every fiscal year, there are no major revenues that come into the City. The bills still have to be paid to a tune of one quarter of a million dollars for employee's salaries and fringe benefits in the first three months of the year plus all of the maintenance and operation. The amount needed, about $560,000.00 to pay these bills substracted from the $492,000.00 leaves the City in the hole. The County is having a problem at this time with regard to the Sheriff over spending his budget. Some members of this Council do not want to be put in this situation. Contributions by the Firefighters or anyone else in this Community are appreciated. There has been many personal attacks in Letters to the Editor based on emotion and not fact. I can handle personal attacks; those do not bother me nor do the ;Letters. But when a fact is given that is not accurate to the public through the News Media and is left unchecked, that bothers me. Councilman Marmon continued with his presentation. A copy of this presentation is attached to the minutes as Exhibit A. A tape of this meeting is also on file for six months in the Office of the City Clerk. Councilman Marmon then stated that this was his statement and he would vote no at this time on the request from the Firefighters. Councilman Raymond commented that he would discourage the use of two different methods of calculation of figures to arrive at two comparative figures. They were here at this time to try to arrive at a solution. The negotiators have tried several different approaches and Mr. Clevenger has maintained his firm position on a five percent change in base salary. Councilman Raymond further said that he has maintained throughout the negotiations that three and a half: percent was the maximum he felt he could secure approval from the Council. It was felt that about one percent was given with the $200.00 bonus. Councilman Raymond then asked Mr. Clevenger if he had polled his membership to see whether they would accept the three and a half percent retroactive to either November 1, 1.986, or to October 1, 1986. Mr. Clevenger stated that they were polled and would not accept that proposal. The Mayor encouraged the City Council and the Firefighters to make a decision at this meeting. Mr. Clevenger was again recognized by the Mayor and stated that he did not like to negotiate publicly, but he did feel that there was a lot of credibility in the fact finder's report. He felt Book 27 Page 227 that the members of the Fact Finding Committee were very well qualified; Mr. Moore, a financial expert; Mr. Wetherell, a City Councilman in Boise and a lawyer; Reggie Edwards, a representative from Cole Collister who has had experience in this type of litigation. He found it hard to believe that the Council cannot recognize the recommendations given by these people. it is absurd to think that a Firefighter with the number of years I have could leave this Department, join our sister City Nampa and start at a salary of $1,392 a month. Mr. Clevenger then asked the City Council if they would be agreeable to a one year contract for four percent increase retroactive to October 1, 1986. Roll call by the Mayor: Those voting yes: Raymond, L. Carter, and Mallea. Those voting no: J. Carter, Marcus, and Marmon. Absent and not voting: none. As the vote was tied, the Mayor cast his yes vote accepting the proposal from Mr. Clevenger. MOTION CARRIED Mayor Cowles then asked the Firefighters present to stand if they were in favor of the proposal. Mr. Clevenger verified that there was a majority and all voted yes. It was then MOVED by Raymond, SECONDED by L. Carter that the Mayor be directed to complete the drawing up of the Contract with the Firefighters for 1986 -87 to include a four percent raise retroactive to October 1, 1986. Roll call vote. Those voting yes: Raymond, L. Carter, and Mallea. Those voting no: J. Carter, Marcus, and Marmon. Absent and not voting: none. As the vote was tied, the Mayor cast a yes vote to break the tie. MOTION CARRIED Mayor Cowles then stated that he would call for a five minute recess. The Mayor then reconvened the City Council at 8:40 p.m. and continued with the Agenda as prepared. (BILL NO. 23 - PROPOSED BILL TO REPEAL CITY CODE REGARDING CHILD CARE FACILITIES) Mayor Cowles requested that Councilwoman Marcus read Bill No. 23 as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY REPEALING CHAPTER 23 OF TITLE IV OF THE CITY CODE REGARDING CHILD CARE FACILITIES; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Chapter 23 of Title IV of the Municipal Code of the City of Caldwell, Canyon County, Idaho be repealed. Section 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law. MOVED by Marcus, SECONDED by Marmon to dispense with the rule requiring that a Bill be read at three separate times and the Bill be passed after the one reading. Book 27 Page 228 There was some discussion among the City Council as to whether there was a need to pass the Bill at this time. Mayor Cowles then asked for a roll call vote. Those voting yes: Marcus, Marmon, L. Carter, and Mallea. Those voting no: Raymond and J. Carter. Absent and not voting: none. MOTION CARRIED MOVED by Marcus, SECONDED by Marmon that Bill No. 23 be passed and entitled Ordinance No. 1738. Roll call vote. Those voting yes: Marcus, Marmon, Raymond, J. Carter, L. Carter, and Mallea. Those voting no: none. Absent and not voting: none. MOTION CARRIED (LICENSE RENEWALS) Mayor Cowles informed the City Council that he had a renewal application for beer and wine at M & W Market. As there was a new Manager at the store, a letter from the Police Chief was necessary. The letter signed by Chief Sobba indicated that a criminal history check revealed no prior convictions which would preclude the issuance of the license. There was also a group of renewals that required formal action from the City Council. The list included: Great Western Pizza, American Petroleum Co., Saratoga, The two Gem Stops, Victors, Time Out Club, Elks Club, Fearless Farris, Interstate 66, West Valley Medical Center, and Caldwell Bowl. MOVED by L. Carter, SECONDED by Marmon that the license for M & W Market be approved as well as all of the renewals as presented by the Mayor. MOTION CARRIED (REQUEST FOR AUTHORIZATION TO APPLY FOR HISTORICAL PRESERVATION GRANT) Mayor Cowles recognized Mrs. Robison and asked her to explain this request to the City Council. Mrs. Robison stated that the grant for which the Historical. Preservation Commission would like to apply is a $2,500 matching grant from the feds through the Idaho State H.P. office. The amount of the grants being offered to communities is based on population. The money may be used for surveys of local resources, evaluation of local historic properties, preparation of an overall historic preservation plan, publications and lectures regarding historic preservation issues, development of design guidelines for downtown building owners, organizing photo collections, writing community histories, etc. Funds may not be used for repairs to buildings or museum exhibits. The project proposed by the Caldwell Commission for this coming year's grant (hiring an historical preservation consultant to compile and analyze information gathered by members in conducting a survey of properties in the city) is described on the attached application. The plan is to meet $1,500 of the match with in -kind services to be performed by Commission members, volunteers and City staff, if this is acceptable. Councilwoman Mallea questioned as to where the $1,000 would come from. Mrs. Robison stated that they hoped to look at some Revenue Sharing monies. Councilwoman Mallea further said that she would like to have a recommendation from the finance Committee as to where the money would come from. Mrs. Robison explained that they were compiling information to submit the application. They would appreciate any consideration the Council would give to this project. Book 27 Page 229 Mayor Cowles said that the Finance Committee would take the project under advisement and bring a recommendation to the Council. He would suggest that they continue with the application for the Grant. (REAPPOINTMENTS TO GOLF BOARD) The Mayor read the following letter from Laura Gamboa, Chairman of the Golf Board: The Caldwell Golf Course Board met November 20, 1986, and would like to recommend the following for your consideration: Motion made, seconded and carried that the following names be reappointed on the Board: Martha Esson and Scott Holloway. The Board also voted to have the season tickets and cart storage remain the same as in 1986. The green fees will be decided in the February meeting. We have to remain competitive on these. We should know what all the other courses will be charging by that time. MOVED by L. Carter, SECONDED by Marcus that the Council accept the recommendation of the Golf Board and reappoint Martha Esson and Scott Holloway to the Golf Board. MOTION CARRIED (REQUEST FROM RUTH ROELOFS TO ADDRESS THE CITY COUNCIL) Mayor Cowles recognized Mrs. Roelofs who requested an opportunity to address the City Council with regard to granting of variances after the fact and inadequate enforcement of City Code in regard to such variance as well as other items. Mrs. Roelofs addressed the City Council stating that she was present to express concerns regarding the enforcement or lack of enforcement of certain sections of the building and zoning code. These concerns arise from an experience that we have had over the past two and a half months. I also wish to make recommendations that I believe will make our City a more attractive, safe place to live; as well as contribute to the creation of a climate of good rather than ill will among people who must live as neighbors. A complete copy of Mrs. Roelof's remarks is attached to these minuts as Exhibit B. After Mrs. Roelof's presentation, it was MOVED by Raymond, SECONDED by Marcus that this statement be referred to the Planning and Zoning Commission so that that body will understand a citizens concern on the matter. MOTION CARRIED (COMMITTEE- REPORTS) Councilman Raymond asked Council members if they all had an opportunity to read a memo from Tom Doerr with regard to the Stadium. He did not expect action at this time. There was a list of those who have applied for the Manager position available to the Council along with a folder with all of the resumes. Councilwoman Mallea reported that she attended the Golf Board Meeting. The Board decided that they did not want to increase the fees of the membership this year. Councilwoman Marcus stated that she attended the Crime Stopper's meeting and they have several plans to move their program forward. The Library Board was meeting on Wednesday Noon at the Saratoga to honor Sylvia Hunt who was retiring. Book 27 Page 230 Councilman J. Carter informed Council that he would like to know if they wanted to proceed with the salary and benefit study that money was set aside for. It was then MOVED by Raymond, SECONDED by Marmon that the City proceed with the salary study as suggested. MOTION CARRIED Councilman J. Carter further suggested that since they wanted to continue with the study, the Council also authorize the Mayor to enter into an agreement with the Idaho Employer's Council. MOVED by J. Carter, SECONDED by Marmon that the Mayor proceed to enter into the Agreement as specified. MOTION CARRIED (CATERING PERMITS) The Mayor presented two Catering Permits for approval by the City Council. One for Northwest Food Service at the College of Idaho to cater the Simplot Corporation Christmas party at the Dining Hall at the College on the 5th of December. The second permit was for the Holiday Lounge to cater for the Ernst Home Center for their Christmas party. The Police Chief has given his approval and the fee paid. It was the Mayor's recommendation that the Permits be approved. MOVED by Marmon, SECONDED by J. Carter that approval be given for the two Catering Permits as presented by the Mayor. MOTION CARRIED There being no further business, the Meeting was adjourned at 9:15 P.M. APPROVED AS written ON THE 15th DAY OF December 1986. City Councilperson Ci y Councilperson City Councilperson ATTE ST: City Cler'�(/—