HomeMy WebLinkAbout1996.05.01 CITY COUNCIL MINUTES`~
DATE: (050196)
State of Idaho)
County of Madison( ss
City of Rexburg(
Present were: Presiding:
Council Members:
Excused:
City Clerk:
Attorney:
Pledge to flag.
City Council
5/01/96
7:30 P.M.
Councilman Glen Pond
Kay Beck
Bruce Sutherland
Farrell Young
Nyle Fullmer
Marsha Bjornn
Mayor, Nile Boyle
Rose Bagley
Stephen Zollinger
A motion was made by Nyle Fullmer and seconded by Kay Beclc to approve
the minutes. All Aye
RE: LYNN ARCHIBALD SWORN IN AS CHIEF OF POLICE
TOPIC: (20,109,,,POLICE DEPARTMENT)
Attorney Stephen Zollinger did the swearing in of the Police Chief,
Chief Lynn Archibald after the retirement of Blair Siepert. Stephen
read the oath and Chief Archibald repeated the oath.
RE: PROCLAMATIONS
TOPIC: (20,109,,,PROCLAMATIONS)
Glen Pond read a Proclamation for Nursing Home Week which would begin
Mothers Day May 12, 1996. A motion was made by Bruce and seconded by
Marsha to make this proclamation. A11 Aye
Glen then read a Proclamation for the National Day of Prayer May 2 from
12 Moon to 12:05 P.M. as the time for united prayer. A motion was made
by Kay Beck and seconded by Farrell Young to make this proclamation.
A11 Aye
RE: REQUEST FOR USE OF CITY RIGHT OF WAY BY RICKS COLLEGE
TOPIC: (20,109,,,RIGHT OF WAY,RICKS COLLEGE,PARKING LOT5,3RD SOUTH,
CORNELL AVENUE)
Use of City right-a-way request. Chuck Frost Director of Physical Plant
at Ricks College was at the meeting. They are going to develope a
parking lot at the corner of Cornell and 3rd South. The plan was
presented to the Planning & Zoning and they recommended it to the City
Council. There were some concerns with Planning & Zoning about the
setbacks that the city has on that piece of property. On the north
side the setbacks are about 15 feet and on the south side the setbacks
are about 23 feet. He showed the council a plan. That property slopes
about 17 feet from the South East corner to the North West corner. It
is just south of the girls dorms. It is a difficult piece of property
to put a parking lot on. They are proposing 20 parking places with a
park on the North West corner to be used for a picnic area and also a
retention pond for run off. It will be designated as daytime only
general parking. Glen mentioned this particular piece of property has
come many times to Planning & Zoning with a lot of different uses and
nothing seemed to fit. That piece of property is about 200 feet from
the college's major buildings. It is 200 feet from the dorm. It will
be day time parking for people who come into classes. Because of the
22 foot setback, there is one parking place that comes near the
sidewalk and would infringe partly on the city right-a-way. The unit
next door already has ten or twelve parking places on the city
right-a-way. They intend to landscape it and, maintain it to the city
standards. There will be landscaping on all four sides. On Cornell
Ave there is a chunk of landscaping, along 3rd South there will be
grass and the parking lot is angled so it goes with the lay of the
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land. The triangle park will be on the North West corner. Stephen
explained the public hearing will be scheduled. What they need tonight
is permission to use the city right-a-way. It was recommended by P&Z.
There is only one little corner on the city right-a-way. There is
sidewalk there and they will maintain it. A motion was made by Kay
Beck and seconded by Nyle Fullmer to approve the use of the city
right-a-way. A11 Aye
Introduction of the scouts.
RE: ASHTON MEMORIAL FAMILY RENEWAL CENTER
TOPIC: (20,110,,,ASHTON MEMORIAL FAMILY RENEWAL CENTER,AMDAHL)
Glen explained there has been a concern about the use of the Amdahl
Building. The council will take comments tonight but will take no
action. They will take it under advisement. This building is used for
Ashton Memorial Family Renewal Center.
Marcia Smith- 347 Randy- She lives close to the center and she has some
concerns. (Handout) (1) Qualifications promised to the state -vs-
actual staffing. (see handout) She did not know if Mike Black, who is
the supervisor, meets these qualifications. She has concerns that the
managers and unit aids are lacking. (All handouts and information on
file)
(2) Staff turn-over (see handout page 2) Ashton Memorial is a non
profit organization so this is public information. She had listed the
board of directors and those who have left that have terminated their
employment. She did not think some of them are qualified.
(3) Violating Programatic policy and procedure intended to ensure
safety. (see handout) She stated that when they leave the facility they
must have more than one staff to accompany them which ensures the
safety of the community and children. She knows from someone that they
have 13 youth two aids with those kids. One aid was in one end of the
building and the other aid was in the other end with 7 youth. There are
staff that have been threatened and attacked.
(4) Admissions Criteria-(see handout) It was quoted in the paper that
it it a low risk facility and not a lockup facility. This is
misleading to the public. People need to be educated. Staff secured
means they are locked in there and are not suppose to get out. When it
is a lockup facility it should have bars on the windows and it does
not. If the person would have been an adult that broke out and stole a
car it would have been considered a felony.
(5) Runaway Plan-(see handout) This area upsets her the most. She
called the center on Friday April 26 and talked to Unit A and she will
not give his name because she heard that all the staff have been warned
if they talk to anyone they will be terminated. She had questioned him
as to when he was trained on the runaway plan? He stated that he had
not seen it but she would have to talk to Mike Black about it. She
feels everyone should be trained and knowledgeable of the runaway
plan. Mike slack stated that they were revising the runaway plan. She
felt that was misleading. They have neglected these measure to ensure
the safety of the community. If these programs are run by educated in
the right field and experienced staff, everything will run smoothly. We
would not see police officers being called in to gain control four
times, with runaways putting us all in danger. She does not like what
she sees.
Robert Charleton- Clinic Director, of the Adolescent Renewal Center- He
stated that the Amdahl sign is still out in front of the building so
they don't have their sign up. The sign belongs to Amdahl and they
have not chosen to remove it. The Policies and Procedures that they
presented to the State are in place. Policies and Procedures on paper
are one thing, but in practice you find things don't turn out like you
have them written down. You have to be willing to make some
adjustments and look at what is happening. They had a meeting with the
Chief of Police after the the run-a-way happened. They had their
run-a-way plan in place at that time and decided it took more than five
minutes to call the police. It was about 35 minutes before the police
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were contacted. He told the council the procedure they went through
before they contacted the police. The police chief told him they need
to amend their procedures so they contact the police first.
Staff and qualifications. They are heavy into family so the kids will
have a positive situation to return to. Family intervention is very
important. Byron Webster is the family therapist that works with the
families of these boys. They have 12 youth in the center. Byron has
talked to 90~ of the boys families either over the phone or in person.
He has a masters degree in marriage and family therapy.
Kris Erickson who is the primary therapist. She moved here from
Minnesota, she has a Masters Degree in social work. Her job is to see
each of the children every week. She keeps in contact with the
probations officers and gets the patients hooked up with foster care or
any other needs such as job service.
Carol billion- another therapist who works part time with the Central
High School in counseling and then she spends part of the day at the
center. she drives from Pocatello because the city of Rexburg is
providing the Alternative School and this facility. she has worked
with youth for about 22 years. She has a little girl 5 years old that
goes to the facility with her and she likes the boys. She enjoys the
work.
Mike Black, Program Supervisor- C.A.D.C. Certified Alcohol Drug
Councilor. He has worked with the Idaho State Department of Health and
Welfare and at Ashton Memorial for three years. He ran the adolescent
inpatient program in Ashton.
Lenny Gibbs- He is the nurse on staff. He went to Viet Nam as a medic
and got his training through U.S. Army as a combat medic. He later
attended Ricks College and graduated from New York with a degree in
nursing. He has 29 years experience as a nurse and 15 years as an
emergency room supervisor. He had been in charge of many military young
men. He was the surgery coordinator at Madison Memorial for ten
years. He worked in surgery intensive care in Texas for five years.
He worked as an instructor. Now he is the supervising nurse at Family
Renewal Center.
Ken Benf field- Shift Supervisor- They have lived here 17 years, but
before that they lived in L.A. County and he worked with Law
enforcement. He has worked with kids programs for 30 years. He also
worked as a paramedic for five years. When Ken was young and having
problems, one man took him aside and gave him his time. 5o he and
Donna decided to volunteer their time because it was like looking in
the mirror of himself. He has a lot of experience working with kids.
He had these kids to his home for dinner. If you don't want these kids
in your community, you don't want Donna & I either, because these boys
are not bad. They will be good citizens, they just need help.
Dave Ogden- He is a voting member of the Board.
Roger Clark-District 7 Liaison- Department of Juvenile Corrections- He
wanted to assure everyone that they are in the process of an
investigation so the documents that have been given to the council will
be taken very seriously.
e Glen asked Mr Clark if he was with the Idaho Department of Corrections,
if this is a licensed facility and if so does the State have
jurisdiction to see that it is run properly3 He asked Mr Clark to tell
us a little about that. Mr Clark stated that they realize there was
tribulance right after the facility opened with staff, which is
something they are not associated with. That is strictly viewed as an
internal problem. They do periodic reviews of this facility. As soon
as the reports are in they will do a complete review of the staffing
qualification program and so forth. Every concern will be addressed
and answered honestly. They will work very closely with the city as
well. Glen told him the city would appreciate it if when they finish
the investigation they would give a copy to the mayor and the council.
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Mr Clarlc stated that the Facility is licensed and remains licensed at
this time. Marcia Smith asked if they don't meet the qualifications
then what happens? Mr Clark replied the licensing would be reviewed
and the contracting would be terminated. The contract requires that
the contract be terminated if the qualifications are not met.
Mr Charlton stated because it is a new center you have to realize that
even the very best facility when it gets started there are some
difficulties. The first and most important priority the department
', places is community safety so they are very concerned.
Susan Cook-Ashton, Idaho- She is in charge of the licensing of the
``-' facility. Currently they are licensed, that has not changed and will
not change. The licensing specialist in Boise are very much aware of
who is the program supervisor and have Mike's credentials. They also
have Sheila's credentials as the program administrator. They do not
question these nor have they asked for a license review. They are up
to date and current on licensing.
Mr Charlton stated that with regard to the safety of the community, in
the policy and procedures as each child comes into the facility they
look at them very careful and look for certain things. (listed on
handout) They do their best to try to screen them to see that the
right kids are there and that they are getting the right treatment.
(handout) Treatment plan discussed.
The education specialist is Reese Butilcofer and he makes the complete
educational program for every student at the Family Renewal Center.
The recreation specialists are Bob Boyce and Jim Lamph. They work with
each one of these boys on a daily basis.
A typical day at the center is they have 9 1/2 hours of free time
during one week. They are in groups from 9:00 A.M. until noon and they
break for school and they have 2 1/2 hours of school. They have
structured recreation activities. Brochure on different levels.
` Glen Muir he lives east of the high school. He goes past this facility
every day on the way home. He has seen the Amdahl sign but did not
know what was going on over there until yesterday. He felt that it was
the Center's responsibility to put up their own sign and tell us what
is going on. It has been very deceiving and misleading which makes
them think that something sneaky is going on. He had talked to a
fellow that worked there and he was a little bit scared because he said
there was a lot of stuff going on out that he wasn't so sure about. At
the beginning of this meeting it was stated that sometimes they check
the people every 15 minutes and sometimes it is 20 or 30 minutes. If
the facility has policies and procedures you need to follow them. Mr
Charlton told him they felt they should do it on a random basis. The
City Council has the responsibility for public safety.
Camie Muir- What she has heard here is just a bunch of credentials.
she asked the state how long it will take to investigate all these
concerns and will the public be notified or what is the procedure? She
was told it would take two to three weeks. He suggested that the
council schedule it on an agenda where a presentation can be made of
the findings or a written copy of the findings be made available to the
public. she questioned the gentlemen that said these kids are no
threat to the community or anyone else? What kind of a threat was
everyone in when they stole a car and drove it to Boise stale another
truck and ran into a police car?
Phil Nye- He lives on 3rd East just two block south of this center.
People need to remember we have kids like this on the street. He
supports the facility and he is glad it is there and that these kids
have an opportunity to come in and get same rehabilitation. He would
rather them be in that location rather than be out running on the
streets and us or their parents not knowing where they are.
Jennette Barrick- It was her car that was stolen. she has been in that
building and she was there in the beginning when they were getting
started. She believed that plan was Matt Smith's in the beginning and
she asked him if that had changed? She asked if after he was
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terminated do they still follow the plan. Mr Smith said no they did
not. She asked how they got out? Ken told her they got out through
the windows they used a pin knife to undue the screws. They have since
changed the windows. He said the boys that run away were homesick. Mrs
Warrick stated they should not have that free reign. They need more
staff and more control.
John Eaton- 3rd East- These kids obviously have problems. These kids
are probably very scared and one thing led to another. He asked if
they saw this type of behavior repeated or will their behavior escalate
because of fear so it would be extremely harmful. They told him they
', are very unpredictable. The nature of a lot of these kids is to be
impulsive. The rule structure there is to help them deal with
consequences. John said he is trying to be opened minded because he
knew that a lot of worse things have happened in this community. The
reason he came tonight is because he lives two blocks from there and he
has small children and he is glad he came because now he is a little
better educated on what they are doing there. He would appreciate a
sign because he drives that road quite often and he had no idea that
was there. He asked if there was room for volunteers? They told him
there was. He did not see it as the problem of the facility or the
state, he sees it as the communities problem. He said he would contact
them because he would like to come and volunteer. Phil Nye had gone
over there and done some church service and John felt that type of
thing is what they need. He does support this facility and would help
in any way he could.
Bob Adler -31 North 3rd East- He had the pleasure of going over and
talking to a group on Sunday. He was involved with this type of
facility in Arizona for several years and they had 16 boys. After
seeing and talking to these young men in this facility in Rexburg he
was so impressed at their attitude and desire to do the right thing.
He feels that this facility is needed and he congratulated the people
who are involved in it. When they started the facility in Arizona they
had a lot of problems but as time went on everything turned out fine
and they saw a lot of miracles. He is in favor of this facility.
Nyle Fuller- He asked Dr Charlton as you screen the clients in the
facility and do you have any clients over there with past violent
history or sex offense history? Dr Charlton stated they have no one
with a sex offense history, violence is hard to screen out. You have
to look closely at what happened and talk to people involved. They try
hard to not have anyone that has had an assault related incident, but
it is hard. They try to screen them as good as they can. They are a
residential treatment program not a lock down facility. They are
licensed for 16 patients.
Lenny Gibbs, the nurse- He was the one that took the three young men
down the street. He wanted to explain it was his responsibility to
watch over these young men. Their behavior is not his job. His job is
to see that their medical needs are taken care of. He sees that a lot
of their medical care needs to be taken care of and they are behind on
their immunizations. Since he has been there every boy has been to the
dentist and five boys have had glasses. When you are in a facility
like this you are at very high risk especially with drug abusers with
hepatitis. There are immunizations required for that. He had talked
with the Public Health nurse and she was quite concerned with it as
well and they needed to have those hepatitis shots. The front of that
building faces right down that road that District 7 Health is on and it
is only two doors down. There were other guys inside the building
watching him and he insured them before he left and he has a two-way
radio and they could be there in moments. District Health Department
watched and helped him'. The medical director is Dr. Stephen Cheyne
from St Anthony.
Gerald Ostermiller- Pirst he would like to commend Ashton Memorial for
hiring some of the employees that they have picked. His concern is
just security issues. It does not take breaking out of a facility to
steal a car. A car can be stolen and start down the street where his
children are playing in a matter of moments, so you can't take your
eyes off these kids for a moment. This should not happen in the first
place. He did not think those patients should be transported anywhere
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without a two to one staff ratio. He just graduated with a social work
degree and he is all for this type of facility as long as it is
properly run and managed and that includes personal from the Doctor
down to the aid all need to be trained.
Glen closed this information hearing. He told the group the city will
follow up with the state on the licensing and then we will make that
public at one of our future meetings when that becomes available.
RE: SPRING CLEAN UP EXTENDED
TOPIC: (20,114,,,SPRING CLEAN UP)
Glen told the council that the mayor felt we should extend the spring
cleanup for 15 days because of the inclement weather. A motion was
made by Kay Beclc and seconded by Nyle Fuller to extend the clean upfor
15 days. All Aye
RE: PARKING AT PARK PLACE APTS. - REPORT FROM PLANNING AND ZONING
TOPIC: (20,114,,,PARK PLACE APARTMENTS,VARIANCES,PARKING)
Marsha made a report from Planning & Zoning. She discussed the issue
of the paving at Park Place. He isgoing to come in for a variance.
She, Glen and the Mayor met with Mr Schwendiman about the problem and
Mr Schwendiman feels it is a city problem because this was approved
about 20 years ago after the flood. The city did not look into the
parking. After talking with Stephen Zollinger after the meeting, he
said the reason they didn't require more parking at that time it was to
be condominiums. In the minutes at the time it was built, it says the
zoning did want more parking but because it was condominiums it was
allowed in the ordinance that they have one parking place per unit.
The use is being changed somewhat to apartments. The use has changed.
The owners feel things will get run down if we don't approve it.
Because they paved over the city right-a-way, they are very agreeable
to digging up that section between the sidewalk and the road for
landscaping. There isn't a lot of space so he would have to come for a
variance to allow the parking that he has already put in. He said he
did not know about the ordinance requiring a permit for paving. The
zoning commission felt that if they make an exception, it will set a
precedence. There are other places in town that are doing the same
thing as far as using the city right-a-way. They voted unanimously
that he not 6e allowed to use this for parking. Glen stated that he
did try to purchase property to park on. They were allowed to use it,
but Upper Valley Industries have turned them down to even use the
property. They have checked with Porters about that piece of property,
but it is farther away. Marsha stated that there are as many as three
families in an apartment.
Kay stated he did not know what is right and what is wrong, but it
looks better than it use to. Marsha stated that having been on the P&Z
she can see their point but on the other hand she can see his point
too. She felt if he was willing to dig up and put landscaping in
between the sidewalk and street and because there is no parking, maybe
we should have to bend. Glen stated that parking was put on the other
end of the building on Ricks Avenue when that was put in no one said
anything. Parking really is an issue over there because most families
both husband & wife have a job and both drive a car and there is only
one spot available.
Nyle Fullmer stated because of the big issue we have made over the last
few years for people to provide parking, we can say we are setting
precedence but he thought we set the precedence when we stated saying
we need more parking. When a property owner tries to improve the
situation for the tenants and the city, he did not know that we should
stop him.
Farrell wondered if we allow Ricks College to use the right-a-way how
is that different? Marsha stated that P&Z discussed that and felt like
the college parking affected the public at large plus they were
addressing it ahead of time where this was already done.
Ny1e suggested that you can say one affects the public more than the
other but the fact is one is non profit and one is profit. Randy is
~~~~~
trying to do the best he can realizing that there are cars on the
street and he has a mess but is trying to improve it.
Farrell suggested if we give a variance to one we need to give a
variance to the other. Nyle stated we need to consider them one by one
as they come and see if they are improving the over all situation or
are we tripping over some grass and shrubbery? Glen stated we can't do
anything tonight.
RE: PARKING ON COLLEGE AVENUE CHANGED TO 2 HOUR PARKING
TOPIC: (20,115,,,COLLEGE AVENUE,PARKING)
Nyle told the council residents on College Ave wanted 2 hour parking
for limited amount of town. He finally got a consensus. He took Chief
Archibald down there and took a look at it and Nyle's recommendation is
to go ahead and put in 2 hour parking for the south half of that block
£rom 8:00 A.M. to 2:00 or 3:00 P.M. We might need to give some permit
parking for some of the households so if they have guests they can have
a permit to attach to the the rear view mirror. A motion was made by
Ny1e to put signs up on the South half of that street for 2 hour
parking from 8:D0 A.M. and 2:00 P. M. Farrell asked about other
streets. Seconded by Farrell Young. A11
RE: SKATEBOARDERS DOWNTOWN - BENCH BY ARC ELECTRONICS MOVED
TOPIC: (20,115,,,SKATEBOARDERS,MAIN STREET,BENCHES,ARC ELECTRONICS)
Ny1e also stated that Mike Riley from Arc Electronics has called him
about the problem with skateboarders. They have had some vehicle
damage and other damage. There is a concrete bench right in front of
his store and they use it to jump off. He thinks it would help the
situation to move that bench. He has hardly seen anyone use it. He
felt we would have a liability. A motion was made by Nyle to move that
we remove that bench by Arc Electronics. Seconded by Farrell Young.
A11 Aye
Bruce suggested we need to do something to prohibit Skate Boards
downtown. Glen stated we will try and see what happens.
Farrell stated that the Sanitation department are concerned because the
enclosures for garbage containers are not big enough to get the arms
in. It was suggested that he talk to Farrell and Joe about it.
RE: COMPLAINT ABOUT PARKING BY POST OFFICE
TOPIC: (20,115,,,PARKING,POST OFFICE)
Kay stated that he had a complaint from the Post Office between 1st
South and 2nd South they park a van and pickup at the exit of the post
office and people who are turning left can't see to drive out. He
suggested that we paint back two more spaces along there so they can
see as they pull out of that parking lot. The council agreed.
Glen suggested that there are other areas in town that are the same
way. He said as you pull out of the alley by the city hall you can't
see the traffic if something is parked there. Farrell suggested that
by the alley by the city water tower it is bad.
Marsha stated she had volunteered herself to help with the
Commemoration of the flood and they thought she was volunteer money
from the city. Glen told her they would have to come and make the
'.. proposal to the council.
A motion was made by Bruce Sutherland and seconded by Ny1e Fuller to
pay the bills. All Aye
Meeting adjourned.
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City C erk, Ros~Ea~].=ey
Mayor- N'1~. Boy1