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HomeMy WebLinkAbout1987.08.19 CITY COUNCIL MINUTES MINUTES OF THE CITY COUNCIL MEETING August 19, 1987 L~ 1 State of Idaho) County of Madison( City of Rexburg) Present were the follo~,:+ing: Mayor: John C Porter Councilman: Sander Larson Bruce Casper Bruce Sutherland Glen Pond Nile Boyle Councilwoman: Darlene Blackburn Also Present: h1ary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, Treasurer A motion was made by Bruce Sutherland and seconded by Darlene Blackburn to approve the minutes. All Aye RESOLUTION xplained to the council that whenever we have a chance to invest any surplus money, that we have to hold for a month or so before we have to spend it, we invest it. In order to invest it the places that we invest it have to be approved by resolution. We have one other firm that wants us to invest our money with them. Mayor Porter read the resolution. (Attached) A motion was made by Nile Boyle and seconded by Darlene Blackburn to adopt the resolution. Those Voting Aye Sander Larson Bruce Casper Bruce Sutherland Glen Pond Nile Boyle Darlene Blackburn Those Voting Nay: None VFW On special occations or holidays in Rexburg, the VFW puts flags up. They would like us to participate. It will cost $15 a year. The council okayed it. SERIUCE TO RENT P~IICROWAVES as year we a a marie student from Ricks College rvho wanted to use his home, Jeffrey Beall at 447 South 4th West, for a telephone service to rent microwaves. At that time his place was not in commercial area. We voted it down at that time because we were in the process of changing the zoing. He has made application. again and Chuck Frost with the planning board, felt that because it would be right on the edge of commercial and R3 zone, and there will be no signs. All business will be done by telephone. No business would be done in the home unless by telephone. Chuck Frost suggested that a business license be given on a temporary basis only and not transferable. A motion was made by Nile Boyle and seconded by Bruce Sutherland to give the permission fora temporary business license and not transferable. All Ave ABANDON STREET IN FRONT OF WALTERS READY MIX We have received a request from Walters ea y Mix to abandon a street in front of his business. The mayor hay! thought it was the city and county line, he has found it is not like that. He would like the road abandoned where the diagnal section comes to in front of his place. He would like to clean it up and put concrete there for parking. Before any action is taken we will have a hearing, and have it surveyed. The mayor suggested that the council go look at it. Farrell Davidson would like to have something done so the diagonal in the road can be straightened out to the bridge. Now they have to go west, Dave has an old cement mixer sitting on the corner they have to go around. Dave has suggested that they take that out, so from the bridge over to the shop would be a diagnal street. The mayor announced that we have a group at the meeting to discuss the City- County Dispatch. ~~'~' Lionel Koon-Discussed the city county dispatch agreement (attached) the intent of course is to establish policies and procedures for the purpose of having the most effective and effient emergency dispatch service for the citizens of Madison County. He had contacted Sugar City and ask them to contribute what ever they could. The mayor said that in discussing it with Lionel he suggested that if any other agency would contribute any to the cost of the agency, the money would be split and taken from the amount owed by the city and county. If a piece of equipment was purchased that would benifit only one agency, that agency would be responsible for the cost of the purchase of that equipment. The janitor would be supplied by the county, the heat and lights and the office itself would be furnished by the county. The chairman of the board would alternate from a county elected official, a city elected official, and a Sugar City elected official. Sander Larson ask how it differs from what we have been doing? Lionel said the difference is the 59% split for the ci~iy and county is about a $7000 savings for the city The city has been furnishing all the benifits up to this point, and the county would assume half of that liability. The formation of the advisory board is a necessity. The written agreement is new. Sander said he saw nothing in the agreement about the operation itself. Lionel told him that the administration of the dispatch would be done by the sheriff's office. Sander a§k what is wrong with the service now, the sheriff told him it had been adequate. The dispatch is not the problem it is the jail that has , presented the problem and we need to resolve that liability issue. We need to continue to improve the dispatch to serve all the rest of us in the county. When we use a dispatcher for oversight by the county. When we use a dispatcher for oversight in the jail. or for matron duties, they cannot do that unless they are deputized by the county function then we have to provide somekind of insurance to them, or somekind of official authority. That authority comes from the elected official. The dispatching outside of their jurisdiciton must be done by someone having that authority to immunize them from any problem or lawsuit that occurs outside of the county. Bruce Casper ask if in the past if the dispatcher and the jailers had been the same, Lionel told him no. Sander Larson and Bruce Casper ask Lionerl questions on the previous operation of the dispatch and the proposed operation of the dispatch. Sander Larson read a statement (attached). The Sheriff said he realized that this is quite a moue for some of the City Council members. The government never stays the same. We as elected officials have a job to pursue the.. future and proceed in the best interest of the citizens. Had I not thought there was room for negotiation, I would not have been here tonight. Enforce- ments of the state statues in this community is to see that the emergency services and law enforcement is handled in a very efficient and effective way. The sheriff of this community is an elected official and should be trusted. There should be no question about his loyality or his reasoning. Nile Boyle said he disagreed, everything should be questioned. The sheriff said he wanted to work with the City Council the best way he could. The mayor stated that the reason that the agreement does not say anything about who runs the dispatch is that who ever runs it, the agreement should be in effect. Nile Boyle said he didn't disagree with the way the service agreement is written. The council has already voted for they city to take over the dispatch and pay the whole thing. I will not vote to pay 50% and have the county run it. If we pay at all it should be city pay 25% and county pay 75%. If it is important for the county to run it should pay the biggest part of it, I will not vote to pay 50% of it and have the county run it. Lionel said that is what the county has been doing. What you are saying you will not do the county has been doing for 13 years. .Nile said he still sees no reason for the change other that you want it under your control. If it is important enough for you to want it and the county commissioners to pay for you to want it, I think you should pay for it. Lionel- I think the level of taxes paid by city and county should be looked at. We need to look at the use of that system as well and what you want done with that system. If you are going to have the water department have a phone in there and you are going to have a number of city enties using the system, and the city and county both using it, you need to look at the funding. You have to look at who is using the system and how they are using the systeem, and to what degree they are suing the system. I would not be oppose to have the cost of the operation looked at and altered to reflect what is fair cost. Bruce Casper ask how much faith will we have in the advisory board? The sheriff said it would be an important part of the system, and reocmmendations that come from that board, will be implemented. CORPORATE RESOLUTION I, John C. Porter, in my offical capacity, hereby certify: that I am an officer, namely Mayor of the City of Rexburg, a corporation duly organized and existing under the laws of the State of Idaho; that at a meeting of the City Council of this corporation, duly and regularly convened and held on the 19th day of August, 1987, at which a quorum for the transaction of business was present and acting, the following resolution was duly and regularly adopted, and is still in force and effect, and appears as follows in the minutes of the meeting: RESOLVED: that John C. Porter, who is the Mayor, Richard R. Horner, who is the Treasurer, Rose i~agley, who is the Clerk, and Nile Boyle, who is the Council President of this corporation, the City of Rexburg, are hereby authorized to sell, assign, and transfer the following: an~p legal investment handled by IDS-American Express and to execute any and. all instruments necessary, proper, or desirable for the purpose; further, that any Past action in accordance herewith is hereby ratified and confirmed; and further, that any. officer of this corporation is hereby authorized to certify this resolution to whom it may concern. I further certify .that the foregoing resolution is not contrary to any provision in the charter or by-Laws of this corporation, that Richard R. Horner now is Treasurer, and Rose Bagley now is Clerk, and Nile Boyle now is Council President of the City of Rexburg, and that I have been duly authorized to make this certificate on behalf of the City of Rexburg. In witness whereof, I hereunto set my hand and affix the seal of the City of Rexburg on this 19th day of August, 1987. D.,~- Porter mayor (Seal) ~~ CITY-COUNTY DISPATCH SERVICE AGREEMENT I. INTENT: The intent of this agreement is to establish policies and procedures for the purpose of having the most effective and efficient emergency dis- patch services for the citizens of P1adison County. II. AGENCIES TO BE SERVED: Madison County Sheriff's Office Rexburg Police Department Ricks College Campus Police City of Sugar City City and County Fire Department Pladison County Ambulance Service State of Idaho All other Law Enforcement Agencies and emergency services who may operate within the boundaries of Rexburg, Sugar City and Madison County. III. COST OF OPERATION: The cost of equipment, supplies, and the salary of personnel serving as dispatchers shall be paid 50% by the City of Rexburg, and 50% by Madison County. A. Cost of equipment that may benefit only one department will~be determined by the advisory and control board. B. Janitorial services and routine building maintenance will be paid by the agency housing the dispatch center. IV. ADVISORY AND CONTROL BOARD: An Advisory Board will be established for the purpose of assuring a smooth and continous operation with minimum conflicts between all agencies being served. The Advisory Board will consist of the following members: One member of the Madison County Commission Board One me-nber of the Rexburg City Council Madison County Sheriff Rexburg Chief of Police Chief of Ricks College Campus Police City-County Fire Chief Madison County Ambulance Director One member of the Sugar City Council or Mayor An at large member from the public sector Designees may serve in the absence of the regular member upon giving notice to the chairman of the board. w ~* Board chairman should alternate between a Madison County elected official, a Rexburg elected official, or a Sugar City elected official. Duties of the Advisory Board wi17 include but not be limited to the following: A. Discuss and handle complaints that may arise from both the public and emergency agencies using the service. B. Promote the purchase of new and updated equipment to assure the mast effective communication center. C. Recommend hiring and promotion guidelines for dispatch personnel to assure professional and dedicated individuals. D, Meet quarterly on a set date. Extra meetings to be called by the chairman upon receiving information that urgency exists from any user agency. V. TERMINATION This agreement may be terminated by either party for any cause upon written notice to the other party by ordinary mail at least 60 days prior to the close of a fiscal year. Date this day of 1987. Mayor, City of Rexburg C tef of Police, City o Rex urg Madison County Commissioner Chairman Madison County Sheriff Mayor, City of Sugar City s Glaring the past several weeks I have been out of town on i1 business. Upon my return, T read with interest about the hearings, siieetings °~ discussions regarding the question of the dispatch service as reported in the newspapers. May I preface my remarF;s by first saying that I appreciate the services of the law enforcement agencies of both the city and the county and recognise the chal 1 enges facing them i.n this day and age. As I studied the account there were several questiar",s that surfaced and caught my attention: 1. Clbviously there was a concern with the manpower shortage in running the county jail. Thus the idea emerged of the sheriff tal::ing aver the dispatchers and using tt-~em as part- time jailers. This nation was discussed and fortunately has been resc;l ved with add itianal monies being made avail obi e by the county with the beginning of the new fiscal year, Qctaber 1, to hire add itianal jailers. , i"he issue then of the dispatchers being made part-time jailers is not now a concern. However, as a result of the initial discussions, the county ?• sheriff department still wish tc{ ta4~,e c ~~,~er• the d i =_•F~atch sr'sterr, bF~=ausr i t i s i n the i r• b~~ i 1 di n~~. In tFte beginning same years ago the agreement stand that the sheriff would supervise the jail system and the city police would operate °< staff the dispatch service. For same reason, the county now wishes to change the operation of the dispttch system by what amounts to a unilateral action an their behalf. There are appro.cimately seven major users of the emergency dispatch system. Why then can one party for reasons really {::sown only to them say to all the othe-^ parties, "We are taEcing aver the system, taEte it or leave it ." Certainly we believe in the derr~acratic process which al 1 ows .far a free e.:change of ideas prior to reaching an agreement. The agreement then wa-.-ld be based an what the majority of elected represental~ives felt was right far all parties concerned. 3. Tf there was a change in the operation of the system, what about job security far the currently employed dispatchers, some of whom have many years of service. If we are saying they will all E::eep their jabs then why the change^ Is the suggested cliange du.ca to poor servi.ce^ 1Vo, according to the majority of users. If it is and if that is the reason the sheriff`s department wants tine change, it would be canceivabl e that a1 1 the dispatchers would be released from their positions causing add itiona1 costs to the city due to unemployment compensation. 4. The city cour7cil has already voted twice not to surrender tl-~is ser vice to the county jt_tst because they wi~;h to take it aver and now we are laoE::ing at an additional vote - far what reasan^ play T makke the fallowing summary statement to conclude my remark:: s . 1. I Eieep hearing the term used "the county or the city building, room, or location." I~iay T remind all parties that it i s the faundat i on of cur •_•~'atem of {~o~.~ernrr~en t , e.nd i t i =_. the i r bui ldinas or• our bui iding=. a~• citizens. Thi=_. -,+e =. t-,c~uld not forget. i `~. It appears that the suggested rr~ave is not based on the fact of poor service or purely a financial consideration but perhaps as a paver move. Perhaps we need to evaluate the philosaphies being used and temper them, rather than scraping, a program that has been satisfactory far years. A unilateral action is really not a democratic action, hopefully we can resolve our differences. There are ni_lmerous countries around the iT world that we can point to which illustrate the use of ~.~nilateral power. It would be l udicraus to fat 1 ow tl-+ase e.:ampl es. 3. Ta mak:e a wave of this magnitude perhaps calls far a vote on the ballot of a17 crf citizens of the city and county to evaluate. They then can decide and sa be it. 4. The Fast Register of July ~~, 197 had a k:ey editorial deal ing with this very r~uestian and the financial irr~pl ications of such a move. Perhaps we shawld all review that statement. `~~. I wat.tl d urge all the parties invoi ved to eval irate 4.hat r~ 1~ the real issues and mauves are behind this suggested change. Let us not forget the constituents we all serve and their interest and concern in this matter. If there are personal issG.~es that are really the issue can't these wounds be healed. Perhaps the system is still intact ar maybe we just need to change all the players including myself. ~1 The council discussed with the sheriff at length. Glen Pond said he thought we were going around in a circle and keep coming back to the same point. He had no problem with the agreement. He thought we should leave the dispatch as it is and let the advisory board tell us what changes should be made. The Sheriff said he agreed to part of that but he had a goal and a responsibility. Bruce Casper said it sounds like no matter what the council say the county will rule over because they are the elected officials. Nile Boyle said you make it sound like it is cut and dried in all counties to have the dispatch in the county. It is not cut and dried. Bruce Sutherland- I don't know if we can act on the agreement because of the cost of the operation in the agreement. Nile Boyle- The county has put in their budget to pay to run the dispatch. Why not put it in the agreement for the city to pay 25% and the .County 75%. We can adjust it higher if need be after the advisory board goes over it. Sander Larson says it looks fine on paper and won't hold a lot of water. I resent the way the county voted on it and I won't vote for it. Glen Pond- No matter what we do the county will take it over. A motion was made by Glen Pond and seconded by Bruce Sutherland to leave the dispatch as it is. All Aye LEASH LAW Larry Thompson was at the meeting to complain about dogs. He is concerned about the leash law. It has been his experience that either the city is unable or unwilling to enforce the law, with barking dogs late at night. I went to the police about barking dogs and it ended up in court taking valuable time. It confronted a woman who was ill and taking care of a child. This made ill feelings in the neighborhood. Somehow I would like the police to stand between the barking dog and the public, or the dog off the leash and the law and not put neighbor against neighbor. I think we need to look at the dog ordinance. Some of the principle cities in California had drafted a law looking for bottom line type of insurance that would protect people who might be victims. Mayor Porter read from the ordinance aobut barking dogs. Nile Boyle ask Blair Siepert what happens if people call the police about a barking dog? Blair said if citizens call about barking dogs, often they don't want to get involved. If we go out and don't hear the dogs, we give an oral complaint, but don't give a lot of citations. Blair said they had gust employed a new dog catcher. Maybe we need to cit the owners of the dogs and issue more citations. Larry Thompson said he did not know why we had to go to court over a barking dog. He said he had gone to the police 8 times and finally had to go to court. The officer would not pick up the dog and the people had gone out of town over tf~e weekend so they had to stay awake all night. Mayor Porter said over to Sugar City when they pick up a dog the first time it costs quite a bit and every time after that it costs more. About the third time it is about as cheap to leave the dog there as to pay the fine. Maybe we should change it and charge more. The mayor said we need to enforce the ordinance and if we need to change the ordinance, we need to get it done. SWIMMING POOL The council discussed the closing of the swimming pool. They decided to close it on Saturday, August 22. STREET LIGHTS The council discussed the street lights that need to be put in. Mayor Porter read the ordinance No. 678 to increase the salary of the mayor. AN ORDINANCE AMENDING SECTION II OF ORDINANCE 656 INCREASING THE SALARY OF THE MAYOR TO COMMENCE January 1, 1988. Those Voting Aye: Darlene Blackburn Nile Boyle Bruce Sutherland Bruce Casper Sander Larson Glen Pond Those Voting Nay: None 1 Ordinance 678 was, then placed before the council. The Mayor then called for the voting for final passage of the Ordinance, and the motion was made by Nile Boyle and seconded by Bruce Sutherland that ordinance 678 be passed. Those Voting Aye: Darlene Blackburn Nile Boyle Bruce Sutherland Bruce Casper Sander Larson Glen Pond Those Voting Nay: None Darlene Blackburn and Bruce Casper left the meeting before the budget was discussed. BUDGET Richard Horner reviewed the buget and the changes that have been made. The total budget would be $2,693,100. A motion was made by Nile Boyle and seconded by Glen Pond to pass the proposed budget and set the Final Budget Hearing for 7:30 P.M. on September 2, 1987 for the final passage. All Aye The mayor reported that he had met with the contractors this morning and everything is going good. They will be in Monday with the paving equipment nad get it finalized. GARBAGE RATE FOR BUSINESS OFFICES The council discussed the garbage rate for some business offices, with two or three offices in one office that only have 1 bag of garbage. We have been charging $11 for each office for only 1 or 2 bags of garbage. It was decided to only charge $11 for --the entire office if they only have 4 bags. BUSING CHEMICALS IN THE PARKS len Pond stated that we need to talk about the people using wrom squirm in the parks. We have had complaints because the chemical that is used, some people are alergic to it and there might be a liability involved. If we let one of it we will have to let all. The council decided that worm collecting in the park is off limits. A motion was made by Sander Larson and seconded by Glen Pond to pay the bills. All Aye Meeting Adjourned. ~• M ohn C. Porter, Mayor ~ .-~ ,, Rose Bagley, C C1 k MINUTES OF THE CITY COUtJCIL MEETING September 8, 1987 State of Idaho) County of f~ladi son City of Rexburg) A meeting of the City Council for the City of Rexburg, Madiosn County, held September 2, 1987, at the City Hall. Present were the following: Mayor: John C Porter Councilman: Sander Larson Glen Pond Bruce Casper Nile Boyle Councilwoman: Darlene Blackburn A motion was made by Glen Pond and seconded by Bruce Casper to approve the minutes. All Aye RESOLUTION Mayor Porter read a resolution proclaming the election.