HomeMy WebLinkAbout2019-06-18 Work SessionMeridian City Council Work Session June 18, 2019.
A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, June
18, 2019, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty
Palmer, Anne Little Roberts and Treg Bernt.
Also present: Chris Johnson, Bill Nary, Kyle Radek, Berle Stokes, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Treg Bernt
__X___Genesis Milam __X___Lucas Cavener
__X__ Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call our meeting to order. This is the City Council
Work Session. It is Tuesday, June 18th. It's 4:30. We will start with roll call attendance,
Mr. Clerk.
Item 2: Adoption of Agenda
De Weerd: Item No. 2 is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: There are no changes. I move we adopt the agenda as published.
Cavener: Second.
De Weerd: I have a motion and a second to adopt the agenda. All those in favor say
aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 3: Consent Agenda [Action Item]
A. Approve Minutes of June 5, 2019 City Council Budget
Workshop
B. Approve Minutes of June 11, 2019 City Council Work Session
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C. Release of Full Stonemont Sanitary Sewer and Water Main
Easement
D. Movado No. 6 Sanitary Sewer and Water Main Easement
E. Stonemont Sewer Water Easement (East Portion)
F. Final Plat for Alicia Court (H-2019-0065) by Riley Planning
Services, Located at 4036 E. Granger Ave.
G. Findings of Fact, Conclusions of Law for Creamline Park (H-
2019-0060) by Volante Investments, LLLP, Located at 48 and 71
NW 13th Place and 1220 and 1480 W. Franklin Rd.
H. Findings of Fact, Conclusions of Law (Revised) for Gander
Creek North and South (H-2019-0013) by Trilogy Development,
Inc., Located at the SW corner of N. McDermott Rd. and W.
McMillan Rd.
I. Resolution 19-2152: A Resolution Of The Mayor And The City
Council Of The City Of Meridian Authorizing The City Clerk To
Destroy Certain Paper Originals Of Permanent Records
Retained In A Nonpaper Medium By The Community
Development Department Of The City Of Meridian; And
Providing An Effective Date.
J. AP Invoices for Payment 06/12/19 - $746,662.43
K. AP Invoices for Payment 06/19/19 - $2,754,486.00
De Weerd: Item 3 is the Consent Agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move we approve the Consent Agenda as published, for the Mayor to sign and
the Clerk to attest.
Cavener: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will
you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
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De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 4: Department / Commission Reports
A. Human Resources: Benefits Self-Funding Quarterly Update
Action Item]
De Weerd: Item 4-A is under our Human Resource Department and we have Christena
here to talk about our self funding.
Barney: Good evening, Madam Mayor, Members of Council.
De Weerd: Good evening.
Barney: So, I am in front of you this evening to provide you a quarterly update on where
we are with moving the city towards self funding. The last update I provided you was in
March via e-mail. I did provide you some materials via e-mail this afternoon. So, if you
have had an opportunity to review those that would be great. If not I provided hard copies
as well. But if you want to take a look at the road to self funding -- so, we have -- since
March the benefits committee has discussed and agreed to update the timeline that has
been provided to you to implement in 2020, rather than in 2021. So, when I originally
presented this to you we had brought this idea to you that we would implement self
funding in 2021, with the idea of we weren't sure exactly what components were needed
and how long exactly it was going to take to put everything together. So, projecting long
and we have actually been able to make good progress and good headway. We are
comfortable with where we are right now and feel confident in the fact that we can
implement this for 2020. The benefits committee has also met and discussed the 2020
renewals. So, Blue Cross, Delta Dental, Willamette and Delta, which will be incorporated
in the trust document that's needed for implementation. The potential trustees -- and you
have recommendations in front of you which will need action on and we can discuss a
little more in a moment, but they have completed the biographical affidavits that's required
by the Department of Insurance and those have been sent to them for review and
approval. So, tonight I'm in front of you to not only provide this update, but also to get
some action from you. So, the last item in your packet are the trustees that the benefits
committee is formally recommending for the City of Meridian employee benefit trust. So,
we have Bill Nary, which is the city attorney. Alex Freitag, which is the Public Works
business division manager. Eric Strolberg, who is the police sergeant. And, then, myself.
So, I have provided some data that was taken from the biographical affidavits that was
provided to the Department of Insurance to give you an idea of those individuals , their
professional experience, their experience on the benefits committee and their experience
with the City of Meridian. But if we can go back for a moment to the implementation
calendar, there are some things in red that I want to just go over, so that you feel
comfortable in the fact that we are moving this to 2020, rather than 2021. So, in June we
will be beginning that -- begin that trust agreement with the action from this evening and
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those -- those plan design decisions that we made at the last benefits committee meeting.
And, then, in July I will be working to obtain the information that's needed to set up a trust
account -- bank account so that we have the funds available when this goes live and,
then, also putting together an agreement for an accountant to do our financials. And in
August we had slated to complete the registration forms and documents . I have already
started that process and I'm working with Mercer to get those completed and I actually
hope to have those completed end of this month, middle next month, so that we can get
those to the Department of Insurance. So , we are moving a little bit faster than we had
expected. In September we had finalized annual -- annual enrollment communication
materials and I am moving that into August , because typically in September is when we
start communicating to the employees. So, I don't want to be preparing those materials
when we actually should be rolling those communications out. So, I moved that back into
August. And, then, I talked with Mercer about providing the actual actuarial certification
projections, rates, and those types of things that are needed to finalize that trust
agreement, the trust account, and really put the last components in place before we
submit all the final documents to the Department of Insurance and I asked that they do
that in August, rather than September, and a couple of reasons for that. Department of
Insurance has requested that we provide them at least 90 days from implementation , so
that they can do their review of all of our documents. I wan t to give them more time than
that. I have implemented programs before and there is always hiccups. So, I -- I would
ask that we submit those documents late August, beginning of September and give them
a little more time to do that review in case there is hiccups. Also I want to make sure that
we have an opportunity to come before you as well to finalize and get approval on that
trust agreement. So, there was some question on whether we were going to need Council
approval. We have decided that we would like to have Council's involvement on that trust
agreement and have you approve that final trust agreement. So, I need some time to do
that. So, we are going to try to do that in August prior to us submitting that application.
And those are all the changes that are on that timeline. So, I will at this point stand for
questions.
De Weerd: Thank you, Christena. Council, any questions?
Little Roberts: Madam Mayor?
De Weerd: Mr. Little Roberts.
Little Roberts: Madam Mayor. Christena, great job. Love the information. Probably my
first question is what was the deciding factor in moving it up a year? Budgetwise or just
kind of what prompted it? You were just able to do it earlier or --
Barney: Yeah. Council Member Anne Little Roberts, so we were moving through the
process faster and there really was no difference in the rates between self funded and
fully insured for us to move in 2020 , rather than to wait another year. Now, if it turns out
that 2020 is a good year and we have lower claims experience than we project, that --
those funds -- excess funds will stay in our trust. So, that's a plus to us.
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Little Roberts: Follow up?
De Weerd: Uh-huh.
Little Roberts: How does it work if -- and I -- and I completely expect it to be successful,
but if we decide we don't want to do it, because they say, what, it takes like five years to
kind of recoup and be ahead of the game, then, say at ten years to decide we don't want
to do this, we want to go back, where it says irrevocable trust that makes me a little bit
nervous. How does all of that work should we decide to undo it or someone decides to
undo it ten years from now?
Barney: Yeah. Council Member Little Roberts, so it's irrevocable in the fact that you can't
move those funds into that trust account and, then, decide them -- to use them for
anything else in the city. They have to be used for benefits. That doesn't mean that it
can't be dissolved and we can go back to fully insured. They don't often find a lot of
employers that do that, just because this is quite the process to do in the first place. We
have -- we had -- the City of Meridian vetted this process out for about ten years.
Little Roberts: Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Christena, is there anything magical about January 1 if it's not the start of a fiscal
year, as opposed to February 1. Are you -- are you compressing it to try and catch that
date because it matters something specific?
Barney: Council Member Borton. So, that is our plan year beginning. So, that's when
our plan year starts. It's just an easier transition. It's easier for employees to
understand --
Borton: Okay.
Barney: -- if we do it 1/1. We could do it at anytime realistically.
Borton: Okay. It -- Madam Mayor. Was the option otherwise to do it January 1 of 2021?
Barney: Correct.
Borton: Okay. Madam Mayor, one last question. On -- on the -- once the trust is set up
and the trust user set up, the decisions -- it looked like some decisions that happen in
September, October, November, are those trustee actions or are they any actions for
Mayor or Council?
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Barney: Council Member Borton. So, the benefits committee at this point are still making
the decisions as far as the trust goes until we are formally recognized by the Department
of Insurance as a trust and, then, at that point the trustees will be meeting and they will
make decisions from that point forward. There are a couple of decision points that Council
will need to make, so -- such as tonight for approving the trustees and, then, also
approving the trust agreement and, then, I will be in front of you again to actually fund the
trust account. So, we have those funds earmarked, but I will have to get in front of you
to actually move those funds into the account.
Borton: Okay. Thanks.
Barney: Okay.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Christena, who determines who is on the trust? Who are the trust board? Who
determines that?
Barney: Council Member Cavener. So, at this point the benefits committee has vetted
out the trustees -- or the potential trustees for the board. I think we are going to include
in the trust agreement that process of the benefits committee, because they are so closely
intertwined with the benefits, have a full understanding of the benefits and what it will take
in an individual to understand the complexity of self funding, the benefit plans and those
types of things. But at the end of the day when we bring that trust agreement back to
you, Council will have the say in what that trust agreement says and how those Council
Members -- or those board members are vetted out, appointed, removed, those type of
things.
Cavener: Madam Mayor, follow up. So, Christena, what happens -- you have got four
names presented. As much as we would love to have all four of these names work for
the city in perpetuity, you get recruited away, Mr. Nary retires, what -- what is the process
for replacing those people? Is that, then, the committee brings forth a recommendation
for a name for Council approval? Is it executive branch appoints somebody? How --
what's the process related to that?
Barney: Council Member Cavener, I think at this point the benefits committee has decided
or discussed that they would like to bring forward a recommendation for Council approval,
just as I am doing tonight.
Cavener: Madam Mayor, an additional question. Because I am always interested with
boards and how they function. There is -- there is four names, if it comes to a decision
point for the trust, two say thumbs up, two say thumbs down -- where is the tie breaker?
Why not -- I guess -- I mean my question is why four versus five, versus one versus three
versus seven -- to understand specifically why we -- we have got an even number?
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Barney: Of course, Council Member Cavener. So, at this point they were all volunteers.
So, we are establishing the trust and these are the individuals that have volunteered to
get this off the ground, get it running, have a breadth of knowledge and understanding of
self funding and what their role is going to be in this trust , because it is quite a
responsibility to be a fiduciary responsible person for this trust. So, it's a big deal. The
reason for four -- there isn't any particular reason for four, but the four individuals that we
have selected right now, we -- we have talked about that and it is -- in the event that we
get into a situation where we can't make a decision, we all thought that if there are two
people that are against it, then, we probably shouldn't be doing it.
Cavener: Madam Mayor. I appreciate that. I think that you have -- I think of the 1992
Dream Team; right? I mean you have got great leaders that have been really involved
with our city for a long time and have the best intentions. I think Council Member Little
Roberts has always done a good job of sort of encouraging the Council look out into the
future. So, we got the Dream Team of '92 here today, but what does that team look like
20 years from now, 30 years from now? I think you have heard from Council. We want
to make this a success both in the short run and in the long run. So, I think having some
of those processes about the positions involved or how those people are determined I
think is really really critical.
Barney: Absolutely. And I think we will work through more of that as we develop the trust
agreement with the trust attorney and maybe he can provide us some advice on that as
well.
De Weerd: Mr. Bernt.
Bernt: Madam Mayor. Christena, thank you for your presentation. I was thinking along
the lines with Council Member Cavener, you know, on these -- when you put, you know,
four people or, you know, a certain amount of people on these boards that are strong and
they are leaders and they have opinions, you know, it's -- it's not uncommon for there to
be disagreement and at the end of the day -- I mean that's -- and, you know, especially in
this regard, you will be voting on or maybe recommending certain , you know, avenues in
which we should take in regard to this, how we are going to self fund in the future, I -- I
would recommend there be an odd number, whether that's three, whether that's five, just
so that, you know, you know one hundred percent positive that -- that there will not be
any discussion, because -- or -- I think disagreement is fine, but there won't be any way
that -- that there will be a tie. Because I understand if two people are against and you --
but when you have three people that are against, then, there is no -- there is just no --
there is no opinion. I mean --
Barney: Uh-huh.
Bernt: -- that's how it is. So, I would like to see there be at least one more person on that
-- on that trustee, whether it's a member of Council or the Mayor or someone else. A city
staff member or whatever. I think that would make it cleaner.
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Barney: Thank you.
De Weerd: I would say that in terms of having four and Christena's statement that if there
was two against, whether you had five or four, two against I think is a red flag that causes
more discussion. The final decision makers are -- are the City Council Members and so
that -- that is kind the tiebreaker right there, if the committee thought they would bring a
dissent topic to Council at that point. So, they were looking for -- in terms of experience
and -- and knowledge to keep it with the names that are in front of you tonight. So, I --
Bernt: Madam Mayor? I'm not in disagreement with the name that you're bringing. Those
four people are fantastic. I'm saying, you know, who is to say like in ten years one of the
-- I mean like say your group of four people are fantastic. I mean who is to say that that
cohesiveness may -- I don't know. It's just -- you just take all the possibilities of anything
that could go south off the table. That's all I'm saying. Maybe the devil is in the details
and we get that agreement, maybe you can discuss it more.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: As much as, you know, in years past I think it -- maybe if we were to have tied
as a Council on whether or not to approve a budget I think it would have been to the
detriment of the city to tie and not approve a budget than to have a tiebreaker and approve
one. That inaction, because you have half -- half of a board not willing to do something
is not always an option. It sometimes -- and one action or another has to happen and to
your point, Madam Mayor, that if Council is an ultimate decision, especially if there were
to be a circumstance where there would be a tie and that would be brought to Council,
my suggestion would be have a Councilman on that board as the tiebreaker. It seems
like that would solve the problem and it would be the Council that would be appointing
that person, as well as the rest of the board anyway, so we should probably put our trust
in all those individuals to handle that.
De Weerd: I think that Mr. Nary had weighed in on this. Do you want to comment right
now?
Nary: Madam Mayor, Members of the Council, Council Member Palmer, it's -- it's an
interesting question and we have raised that question to the Department of Insurance and
there is a -- a little bit of dissent at the Department of Insurance on -- on that actual issue
on who could be on the board and the -- at the staff level, when we have met with them,
they were very clear that all -- all the boards in the state that they are aware of all have
employee member boards and no elected officials, no -- no mayors, no -- no -- no county
commissioners are on any of the boards. The director of the Department of Insurance
has a different opinion about that and so they don't have a clear consensus today, but I
can tell you from research that Christena has done, they have indicated every single self-
funded board in the state does not have an elected official on it to day and there was
actually a statute that specifically states that employers -- participants in the plans cannot
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be a trustee or an administrator. So, the Council and the Mayor are technically the
employers of the city. So, I don't know if they would approve that anyway. It is -- to help
all of you understand, I mean Eric Strolberg has been on the benefits committee longer
than me, but we have both been on it for almost 15 years and him a little bit more. I don't
believe we have ever brought anything that wasn't a consensus of the group. The
discussion is always robust. There are pros and cons weighed on every -- every facet of
benefits that we have provided to employees over the last -- at least since I have been
here. I don't think we have ever had a split of any kind. I mean there is goods and bads
of reasons why you do things. Financial implications are always a consideration and the
cost. But I don't foresee, whether it's four members -- and certainly we can craft -- Mr.
Kevin West of Barton Bailey and Latimer is the attorney that we have hired to help us
craft the trust agreement. He has a great deal of experience in this area. So , we will --
we will get his counsel on how is best . I do think an odd number makes sense, that we
can certainly have up to five. We recommend not to have more than maybe seven . It is
a little unwieldy if you get too large, but there are -- again, there is a -- is a statute to me
that's very much on point. This is why they have not allowed or have any mayors or
council members on boards of this type, but I don't foresee a tie as really a realistic thing.
I don't really see that from my experience. I think, again, the purpose of the trust and the
trustees is to make sure the plan is financially viable to main -- to keep running. It's not
really -- I mean, again, the benefits committee is still going to exist making a
recommendation. The trustees are responsible to make sure it can be funded and if it
can't be funded properly, then, the trustees would say, no, we can't do that, there is not
enough funding to support that. So , I don't see it as a problem. I think there is an issue
with the Department of Insurance that they will have to resolve and tell us the answer
when they figure that out. But I hope that answers your question. I don't -- I mean you
can have up to five, I think that's fine.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Mr. Nary, maybe you can help me understand. Is the resistance or the
reluctance to have a city council member on the trust a legal one or -- or a process?
Nary: Well, Madam Mayor, Members of the Council, Council Member Cavener, the way
I read the statute I think it's a legal one. I think legally the way this is set up it is not
intended for the employer to be a part of the trustees. So, that's -- that's the way I read
the statute. Now, again, the Attorney General -- we couldn't find a legal opinion they have
provided on the subject, so I don't know if they will be sought after for that. But the
secondary issue -- and with all boards and -- of these type what you want to avoid is you
want to avoid a board of one and what happens if you have an ultimate decision maker
on the same board as other folks who don't have that same level of power or authority,
they tend to concede to whatever that one person wants to do and what will happen --
and what I perceive it's not today, it's that ten year question you're asking -- ten years
from now you have a different group of employees , different group of council members
and you have employees that feel like I don't want to participate in this anymore , because
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whatever that person wants to do is all we ever do. So, now our trustees don't want to
be a part of it. That's how your plan fails and that's the risk that you have is when you
have that uneven distribution of authority you will not get the same level of discussion and
you will not get the same level of vetting as you would today. Again, it's worked very very
well. I don't think our benefits committee has ever brought you a proposal that they
haven't vetted both fiscally, as well as practically for the employees, so I don't foresee that
changing greatly, because, again, I think we need to move other people on the benefits
committee and bring them into the fold, so they -- so, we can build that bench so in the
future you can have the same level of Dream Team five years from now which you do
today.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I appreciate the response from Mr. Nary. I think at some -- as Council knows,
this issue is something that I have taken special consideration in and I think from the
moment it was first presented I have been a long advocate of having a City Council
Member on the trust. The fiduciary responsibility that we have to our taxpayers, as one
who represents our citizens who ultimately fund this, I think it's -- it's incredibly important
for our City Council Member -- a City Council Member to be represented on this group.
The question of legality is -- is interesting. When you have a director saying, no, this is
-- you should do this and you have employees saying, no, maybe you shouldn't -- I looked
when Mr. Nary was talking to see if we could find a definition of employee or participant
and it's not listed, which, again, for those of us that like getting in the weeds, this is really
really interesting. Is the City Council an employer participant? I would argue that we are
not, because we don't have the ability to hire or fire anybody. This -- when you talk about
employer participant, this is for the board members. This is -- we are -- we are
beneficiaries. We receive benefits. I look at us -- we are like employees. We advocate
for our employees. So, I struggle with -- without getting some type of clarification from
the Attorney General or, quite frankly, from the department about -- that we can
participate, that we should really have I think two -- I guess I have two recommendations.
Either, one, that we -- we add a City Council Member on to be the fifth member of the
committee and what's great is we are hearing that there is cohesiveness and buy in from
the four other members -- it will be a great opportunity for us as a Council -- that current
member to be leveled up, to get up to speed with these great employees and continue to
be an advocate for a program that I think that we, as Council, are on board with. Or that
-- that we wait until that we can get some -- some clarification and -- and I know this was
not the intent of staff and a lot of this stuff came to a head in the last -- really the last 15
hours, which I always don't think Council -- it's easy to have to make a decision with not
all this information here, I really want to thank staff, Christena and Mr. Nary, for working
to try and get some clarification for us, so that we can make our best -- best decision. We
just have a really unique nuanced piece of language that can make it channel for us to at
least have all of our information and so I'm supportive of moving forward, but I do think
that to Council Member Bernt's point, Council Member Palmer's point, that having a
council member on there is the appropriate thing to do.
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Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Yeah. I mean it's been made clear to us time and time again that Council is
neither the employer, administrator -- we are here to make policy and whether there is a
disagreement between the boss and some staff -- where this opportunity would -- would
solve the problem of a potential tie, understanding that's it's not anticipated, but it would
prevent it, should never happen, and if there is a realistic situation where if there were to
be a tie where it would be brought to Council anyway, if we are already being assumed
that we have that authority to make decisions on behalf of a tied board, that it -- it only
makes sense that a Council Member would be allowed to serve on the board. I am in
favor of -- of doing this plan, even possibly as early as -- as is now being proposed.
However, I don't want to do it this week. The -- the draft of this plan -- this document was
sent to us in late March. Because they drafted it and say January 12, 2020, on the draft
agenda was up until last Friday, it was just on there as -- as a department report, it didn't
have the words action item until Friday and, then, it was just four hours ago that -- that
we were sent the nondraft version. So, I don't -- I have some questions, but I don't know
what questions I'm going to have over the next day when I have a chance to digest what's
going on. So, I don't know how long it would take to get a finalized answer from
Department of Insurance, but I would be good to go one week from now if we have that
answer, but if -- if it takes two or three, four weeks I think it would be worth waiting to -- to
have a final answer on that, because of the value of having a Council Member on that
board.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I guess a question for Mr. Nary. It s ounds like from an e-mail that there is an
Attorney General's opinion on this, it's just a matter we haven't been able to located it
yet?
Nary: Well, Madam Mayor, Members of the Council, Council Member Cavener. So, what
was -- what was communicated to Christena was that there was an Attorney General's
opinion. They -- they publish their opinions on their -- on their website, but they also have
informal opinions that they may have provided to a department. We cannot find any public
place that this has been published.
Cavener: Okay.
Nary: The one thing I would suggest and -- and as food for thought on this. And I will
consult with Mr. West, too, and get his opinion since we are going to ask him, because
he's done a number of trusts, and see what his opinion about this is. What I would suggest
-- the question was asked to me the other day -- is that should there always be somebody
from the Legal Department on the trust and my answer is, no, I don't think so. I think the
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people that need to be on the trust are the people that want to be. They want the plan to
work. They want the plan to succeed. So, whether or not -- I guess you should consider
if a Council Member today wants to be on the plan -- or be on the trust and it's legal to do
that and that's the direction the Council wants to do, that's fine. You may have a point in
time where a Council Member doesn't want to be a trustee at all and as all of you know,
if you make somebody go to a meeting that they don't want to be a part of , it doesn't work.
So, whether or not a trustee always has to be a Council Member, I would -- I would
suggest you consider that not be a mandatory requirement , because right now the only
one that seems logical to be a requirement is the Human Resources Department. They
are going to have to manage it. So, regardless of whether it's Christena or somebody
else, someone from human resources is going to be directly involved with managing this
program, but it doesn't have to be an attorney, it doesn't have to have somebody from
Public Works, it doesn't have to have somebody from a specific work group, it has to have
people that are embedded with the plan and making it succeed and I think the same thing
should be if there is a Council Member -- if you have Council Members that don't want to
be on it, I wouldn't force them to do that.
Borton: Christena, to that point, when we have a final trust document mid late July, there
is -- there is really not -- is there any purpose to appoint a trustee prior to the trust being
in effect or does the actual role of trustee initiate the trust that is created in mid July?
Barney: There is a lot of information that's included in the trust agreement about the
trustees themselves, who they are, how they are appointed and those types of things.
We can begin the trust agreement without that. To your point of a Council Member being
-- being part of the trust, the Department of Insurance has actually asked us not to make
a decision on that until they have internally figured out their stance on it. So, I would ask
that we probably refrain from at least that conversation until we get further information
from the Department of Insurance and, then, I'm happy to come back and we can continue
that discussion, but I think what we need right now to begin this trust document is either
an approval or denial of -- of the four that I have presented to you today, so we can -- we
can start that trust agreement.
Borton: So -- and that's kind of where the question comes from. If -- these are the four
initial trustees, but for the purpose of the function of the trust document they are irrelevant,
because they will be potentially replaced in the normal course of the life of the trust.
Barney: Uh-huh.
Borton: So, if there is nothing specific about the inclusion of these trustees now that
requires action today, when the trust doesn't come into effect until July, part of what I
struggle with -- and I'm not -- I'm not necessarily of the opinion that any elected official
needs to be on it. The -- the concept of the trust document which says there should be
trustees, no less than three, no more than five, you know, but some flexibility, because it
might change year from year. If you have four trustees it takes three to act. If you have
five trustees it takes three to act. So, that problem isn't necessarily solved, you still have
the same three, but -- but if there is an opportunity to get some direction in a draft -- have
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Kevin West provide that information. If I was trying to think of what are the 12 things that
a trustee does as defined in the trust agreement, that would, then, make me decide who
should or shouldn't be on it -- I don't know if they are, because we don't have it yet. So,
should an official be on there? To do what of the 12 functions? It's kind of cart before the
horse. So, we are guessing that there is a need to have an elected official accomplish
these tasks as a trustee prior to knowing what the guts of the trust be. We might
determine -- if it's -- assuming it's even legal and if it's not that's kind of an easy, but if it
was legal and lawful to have an elected official, what are those functions within the draft
trust agreement that would make us think, oh, we probably need to have an elected official
at the table to serve this particular role. But until that time I think we are kind of guessing.
Which led to my -- my initial question of we need to vote on these four today for some
particular reason, you know, 30 days prior to enacting the trust in mid July or -- or can
they be appointed -- these four or five or three can they be appointed sometime between
now and the trust document in mid July.
Barney: Not necessarily, other than the biographical affidavits have been sent to the
Department of Insurance and that's not to say that even if they approve the trustees that
they have to be assigned to a trust. The ultimate say would be with the Council. But just
to let you know that those have been sent.
Borton: So, to that point could the Council act and appoint these four as trustees with
direction that the trust agreement dictate that there be three to five trustees?
Barney: Absolutely.
Borton: Would that afford some flexibility between now and mid July should we learn
more about the trust duties, decide that a fifth could and should be an elected official, we
could appoint and supplement with a fifth person in July?
Barney: Absolutely.
Borton: Okay.
Milam: Mr. President?
Borton: Mrs. Milam.
Milam: Christena, so are the four that are -- that are the trustees that you have selected,
are they all members of the benefit committee?
Barney: Yes.
Milam: And are there -- how many members are on the benefits committee?
Barney: Nine.
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Milam: Nine. And are these members also going to stay on the benefits committee and
be trustees?
Barney: Yes.
Milam: So, I -- I don't know if -- I could be wrong, but I -- part of me thinks -- feels that
maybe some people that aren't on the benefits committee should be part of the trust. And
maybe not, because maybe they need to understand everything that goes on in the
committee, so who does -- that was what -- this could be one of those things that I'm --
I'm a little bit sideways on. It just feels like it shouldn't necessarily be the same people
doing both. Or maybe it's normal for them to do both. I also feel that four is -- it seems
like a little number to me and when Joe was talking about three to five, I was thinking five
to seven before you said that. So, I don't know how you feel about that. I think that five
is a good minimum number. I think that it's okay for a council person to be on there if it's
legal, but I don't think it should be a requirement to Bill's point, if there is not a councilman
that wants to be and I think maybe that in the very beginning, because this is new for
everybody, maybe it's a good idea to -- for everybody to get comfortable and at some
point they may say this isn't really something we need to be part of. I don't think it should
be a requirement. Anyway, there is my thoughts on -- there was some questions in there
and --
Barney: Council Member Milam. So, the benefits committee talked at length about how
many members should be on the trust and who it should be and why they should be on
there and what experience they should have. So , I bring these recommendations before
you. They have been fully vetted. You don't want someone on the board of trustee s that
does not understand not only benefits, but the City of Meridian's benefits, because what's
going to happen is the benefits committee is going to go through all of the plan design ,
what we offer our employees, what changes can we make, what changes should we
make, what's out there, what's the market trends -- all of that that we do every single year
and we are going to pull all of that together and vet through that process and, then, provide
those recommendations to the trustees, who happen to be on that committee. So, having
that inside track with the -- the trustees being part of the committee, we are one step
ahead. So, when we have those trust meetings, we can skip the part talking about the --
the actual plan design. We know what that is. Then we can talk about the financial piece,
because that's really what the trustees are. That's what they are there to do. Can the
plan, the trust, fund whatever the benefits committee has recommended and that -- I'm
going to bring that forward to Council as well through the budget process. You know, the
benefits committee, just as I always have, has recommended that we keep their benefits
the same or that we expand them or whatever the case may be and it's X , Y, Z dollars
and, you know, we need this much money from -- from the City Council. So, that -- that
process is going to remain the same, but the -- the responsibility of the trustees is to make
that fiduciary decision. Can we fund it or, no, we can't and if the answer is no, then, we
take it back to the benefits committee and say, okay, this isn't going to work, we have to
-- we have to change something else and if the answer is yes, then, we move forward.
So, you really do need someone that has that knowledge and experience and it's even
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better to have someone that's on the benefits committee, because, then, you're not
dragging your feet trying to get them up to speed with what was already vetted out.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: So, to confirm what we are doing today is basically you need an approval for the
board of trustee recommendations? Is that the only thing you're looking for right now?
Barney: That's what I'm requesting, yeah.
Bernt: Okay. All right. So, how about we try this? I move that we approve the board of
trustee recommendations of Bill Nary, Alex Freitag, Eric Strolberg and Christena Barney
-- up to -- and leaving one spot open up to five people that could potentially be a part of
this board of trustees, which can be determined after we find out the legality of that -- if
whether or not that person can or cannot be a member of Council.
Borton: Second.
De Weerd: Okay. I have a motion and a second and this is regarding the trustees.
Bernt: Correct.
De Weerd: Any discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just want to make sure that I understand what I'm voting on. So, the motion is
to approve the four provided names, but to approve a fifth name at a later point in time
after this -- we get a opinion from the Attorney General's Office about if it is illegal for a
city council member to serve on the trustee board.
Bernt: That's fair. Yes.
Cavener: Is that what you understood? T he second? I just want to make sure that we
are all on the same page.
Borton: It's not necessarily. I thought it was three to five. The direction to be that the
trust document we draft is three to five -- or up to five. These four are appointed. So,
right -- so, it's not necessarily a commitment that a fifth will be added to be named later
-- we could do that, but we are not obligated under the trust to do so.
Bernt: Madam Chair?
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De Weerd: Mr. Bernt.
Bernt: My motion was not necessarily three to five, but appointing the four people that
were recommended, plus up to five. So, not necessarily putting a fifth member, but if it
needs be that we decide that a fifth member needs to be appointed, we can -- we have a
motion to do so. But up to five people. That's my motion. I think we are in agreement.
De Weerd: Does the second --
Borton: Second -- second agrees. Yeah. And there is a -- there is a distinction. I --
Madam Mayor? Is there -- is there a -- is there a commitment today that there shall be a
fifth? In my eyes no. But there is an open door that we may at a future date in July decide
it's appropriate once we get more information, so that's the reason why I supported the
motion.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I think that's the reason why I asked, is that I -- I heard I think from -- I think at
least five City Council Members that voiced some support in some form or another of a
City Council being a -- serving as a trustee, as long as it's not illegal, and I think it's
important that that is preserved in the motion and so that's why I was asking and so if
that's not the case I will likely be opposing that motion , not because I disagree with the
majority of the substance of it, it's that I think -- I think it's important that the Council weigh
in on that particular piece, just so that there is not any confusion as things continue to
progress.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, the only problem with that is if preserved for a city council person and, then,
we find out it is illegal, do we still have the fifth person? So, it should be with a priority
going to a city council person, but not necessarily preserved if it's legal, but still have that
fifth spot open, because I'm not comfortable with three. I'm comfortable with five.
De Weerd: I think the motion was to approve the four names that are in front of you
tonight, with up to five allowed on the -- as the trustees and -- that's the motion as I
understand it.
Bernt: Correct. That's exactly the case. I -- I'm not necessarily -- I'm open to the
discussion of whether or not that fifth trustee is a member of council. I'm not saying that
it should, I'm saying that it shouldn't, but I do believe that there should be five people and
so my motion is up to five, with the four people that have been recommended.
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Borton: Agree.
De Weerd: Okay. Any further discussion? Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, yea; Bernt,
yea.
De Weerd: Okay.
MOTION CARRIED: FOUR AYES. TWO NAYS.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Just super-duper clarification. I know we have struggled with the words up to
lately. That is up to five in everyone's minds. Up to. Not four, but up to five. Okay.
De Weerd: Exactly. That was the motion.
Borton: Madam Mayor?
De Weerd: And we had -- Mr. Borton.
Borton: Just keep us on track, prior to the trust document -- between now and then being
ready and coming to us, Mr. Nary had talked about having Kevin West come -- maybe in
writing he provides it, but somehow get some information that -- that provides direction of
what a trustee does and doesn't do, how that might answer my earlier question of does it
make sense to ever put an elected official on there. I'm not there yet at all. I trust your
judgment on that point in particular. That might be helpful for us prior to see ing the
document. Part of the -- is it legal to answer. Good work on that. Thank you much.
Barney: Thank you.
De Weerd: Okay. We move to five. 5-A is under Mr. Nary. Is that under Mr. Nary?
Nary: Madam Mayor, I guess --
De Weerd: Oh, it needs to be under -- after 5-B.
Nary: Yeah. So, we do -- if -- we do need to approve the budget amendment prior to
approving the lease.
Item 5: Action Items
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B. Public Works: Budget Amendment for FY 2019 in the amount
of 13,361 for City Hall Main Street Parking Expansion
De Weerd: Okay. So, 5-B is Public Works budget amendment for the City Hall Main
Street parking expansion. I'm glad someone started walking forward, because I didn't
know who I was passing this to.
Freitag: Madam Mayor, Members of Council, good evening. Thank you for your time this
evening. So, yes, this is the budget amendment for our parking expansion. This is in the
amount of 13,361 dollars. That price tag includes the remainder of this fiscal year's lease
cost of the property. The bulk of it, just under 12,000, is for some general repair, cleanup,
signage, lighting -- generally making the parking lot accessible and ready -- serviceable
for the employees. We will gain an additional 43 slots with this work. We would anticipate
two to four weeks of actual time before it will be serviceable. So, that's our request and I
will stand for questions if you have any.
De Weerd: Thank you, Alex. Council, any questions? Okay.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor. I move that we approve the budget amendment for the
amount of 13,361 dollars for the City Hall Main Street parking expansion.
Milam: Second.
Cavener: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Freitag: Thank you.
De Weerd: Alex -- and I hope -- this is a great example -- example, Council, of all these
departments coming together to find a solution and it really was first out of our -- our
parking committee and a lot of credit to the many moving parts and man y hands that have
touched this. So, thank you, Alex.
Freitag; Thank you very much.
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De Weerd: And extend that to Stacy, too.
Freitag: I will do that. She is going to be doing a little work on that.
A. Real Property Lease Agreement with Union Pacific for Vehicle
Surface Parking at Former Frontier Tire Location
De Weerd: I know. Okay. We will move back to 5-A and turn this over to Mr. Nary.
Nary: Madam Mayor, Members of the Council, you have in your packet a lease
agreement with Union Pacific. This is the fastest turnaround lease I have ever seen with
anybody and especially with the Union Pacific, but we reached out to them, they were
very supportive. They do -- they actually are appreciative of some of the cleanup that we
are doing just to make it usable. As you have probably seen the condition of the lot isn't
the greatest. So, they are appreciative of that. But they were very supportive of doing
this and I just ask for your approval of the lease.
De Weerd: Thank you, Mr. Nary. Any questions from Council? Hearing none, do I have
a motion?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor. I move that we approve the lease for the Union Pacific for
the vehicle surface parking lot at the former Frontier Title location.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 5-A. Any discussion? Mr.
Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Mayor's Office: Budget Amendment in the Amount of $10,550
for 2019 State of the City
D. Mayor's Office: Budget Amendment in the Amount of $13,356
for Mayor's Youth Advisory Council National League of Cities,
Youth Safety Summit, and Middle School Summit
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E. Mayor's Office: Budget Amendment in the Amount of $4,500 for
Do The Right
F. Mayor's Office: Budget Amendment in the Amount of $5,500 for
the Mayor's Walking Club
De Weerd: Item 5-C is -- 5-C, D, E and F are budget amendments. I will turn this over
to Robert.
Simison: Thank you, Madam Mayor, Members of the Council. So, I'm here before you
for our annual four budget amendments that we typically do to authorize the spending for
the funds that have been raised for the activities that we do in the Mayor's Office,
specifically the State of the City, the Mayor's Walking Club, the Mayor's Youth Advisory
Council and Do The Right. All four of these budget amendments are net neutral, meaning
no cost. In fact, they actually overpaid the city for the work from the fundraising, because
we didn't spend all the funds that were raised in this last year. But I will just walk through
these one by one and, then, let you stop and talk about any of them if you want. But the
first one for the State of the City. It authorizes additional funds for our use of Wahooz
during this last year where the costs were a little bit more than we typically do , but our
service was better from that standpoint. Funds the city scholarships, which you have --
have already approved through those processes. We gave some money to the three
choirs that participated in the State of the City of 500 dollars for their services from our
standpoint to their choir programs. We helped fund the additional costs for the Meridian
Symphony for Gene Kleiner Day when they came to us earlier this year and requested
additional funding to put on that show, so that was funds for that. Some funds to help
cover the Do The Right. Our annual student art purchase framing that we do from the
West Ada Art District Show and, then, the last item is Art in Public Spaces, we are looking
at doing something in downtown during this -- this year or into next year. We will likely
carry forward those funds between now the carry forward time frame for something to be
done before the end of 2019. Moving on to the second one for -- let's talk about the
Mayor's Youth Advisory Council. Traditionally we get our last donation from Idaho Power
in September. So, if for any reason that donation doesn't come in we won't do the Middle
School Youth Safety Summit as we have done in the past. We have no reason to expect
that not to be turned in for the conversation with Council during the budget process. We
raised -- we didn't take all the money that was allocated by the city to pay for MYAC. We
raised half the cost from that and split that cost, which was below the amount that was
authorized by City Council through that process -- through the budget process in FY-19.
So, those funds have been raised for that purpose and it will also put on the middle school
-- Middle School Summit and the Youth Safety Summit later in the spring. The funds for
Do The Right, which you guys were I'm sure well aware of through that process and, then,
the final one is the Mayor's Walking Club, which we just wrapped up this year with our
sponsorships for that. Again, all these brought in more money than was anticipated, so
the city is actually going to see a net from this, but this covers the operating expenses for
those four programs. With that I'm happy to stand for any questions regarding these
amendments.
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Bernt: Madam Mayor?
De Weerd: Thank you, Robert. Yes, Mr. Bernt.
Bernt: These look great. I was just wanting to know -- there is -- there is 5,500 dollars
for Item 5-F for the Mayor's Walking Club. What -- what is normally spent in that 5,500
dollars?
Simison: Traditionally those are prizes for the first, second, third finishing classes in each
school, as well as the lunches in the schools for the winning class.
De Weerd: And that's of 16 schools that we walk in.
Bernt: Perfect.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Robert, how much were we net positive?
Simison: In which item?
Cavener: Combined.
Simison: I haven't gone through to add up what the various ones -- I can tell you the
Walking Club was probably one of the ones we were the most positive, because we were
using up last year's prizes. So, we actually did a very minimal order this year, as
compared to years past. And then -- oh, some of the schools opted not to do the lunches
for them. So, that one, if I was standing here guessing before you right now, would
probably be about 2,500 to 3,000.
Cavener: And Madam Mayor -- and I apologize, I can't get our agenda to pop up, so I
can't see the -- the budget amendments right now. But I do remember when I looked at
this over the weekend -- kind of to your point that there were -- there was budget
amendments with anticipated revenue and I just can't recall a time that we have done a
budget amendment where there has kind of been some notes added -- it changes if
money comes in. Is that something that we typically do and I just haven't recognized it
and --
De Weerd: Probably only this time of year, because the budget amendments are due no
later than next week and that's the deadline from our Finance Department. Idaho Power
has always been good about their sponsorship. It's just not money in the bank at this
point and that's why Robert wanted to make sure that was noted.
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Cavener: Madam Mayor. I appreciate that. I just want to make sure that we are not
making a habit that we have a challenge to kind of follow the bouncing ball, if it's one or
two departments late in the year, as long as that's just not a practice that we are doing
year around.
Simison: Madam Mayor, Councilman Cavener, also we have done this for the last -- at
least two years in that fashion and, like I say, if the money doesn't come in we will not do
the Youth Safety -- or the Middle School Safety Summit.
De Weerd: Any other questions? Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move we approve the budget amendment in the amount of 10,550 dollars for
the 2019 State of the City.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 5-C. Mr. Clerk, will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move that we approve the budget amendment in the amount of 13,356 dollars
for the Mayor's Youth Advisory Council, NLC, Youth Safety Summit and Middle School
Summit.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 5-D. Mr. Clerk, will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
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De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move we approve the budget amendment in the amount of 4,500 for the Do The
Right.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 5-E. Mr. Clerk, will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Hey, Mr. Borton.
Borton: I move that we approve the budget amendment in the amount of 5,500 dollars
for the Mayor's Walking Club.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 5-F. Mr. Clerk, will you, please,
call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Robert.
Simison: Thank you.
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Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Hey, one last thing before we go into Executive Session. I meant to grab President
Borton or maybe Genesis before the meeting starts -- haven't had a chance to meet with
Director Siddoway in regard to this, but I just had a question. Maybe someone can answer
it for me, but can -- can anyone honestly tell me why we do not have a city cat park?
De Weerd: City what?
Milam: Cat park.
Cavener: I can tell you why.
De Weerd: Cat park.
Palmer: Madam Mayor?
De Weerd: Yes. Because we don't have a lease law yet and it makes it really complicated
if you don't have a lease law first. Would you like to sponsor one, Mr. Bernt?
Bernt: I probably should have had more conversation with President Borton regarding
this. I know he's a fantastic lover of the cats in our community and I wanted that on the
public record. But I just wanted to know if there has been any discussion in regard to it.
I don't want to get in the weeds too much. I think that might be inappropriate, but --
Milam: Madam Mayor? So, I guess my response would be that all our parks our cat
parks.
Bernt: That's true.
Milam: So, we do.
Item 6: Executive Session per Idaho State Code 74-206 to communicate with
legal counsel for the public agency to discuss the legal ramifications
of and legal options for pending litigation, or controversies not yet
being litigated but imminently likely to be litigated as authorized
under 74-206A(1)(f) and to consider records that are exempt from
disclosure as provided in chapter 1, title 74, Idaho Code as
authorized under 74-206A(1)(d)
Palmer: Madam Mayor?
De Weerd: Oh, brother. Mr. Palmer.
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Palmer: I move that we go into Executive Session --
De Weerd: Thank you.
Palmer: -- per Idaho Code 74-206(a)(1)(f) and (a)(1)(d).
Milam: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk,
will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
MOTION CARRIED: ALLAYES.
EXECUTIVE SESSION: (5:29 P.M. TO 6:10 P.M.)
De Weerd: I would entertain a motion to come out of Executive Session.
Borton: Move we come out of Executive Session.
Cavener: Second.
De Weerd: I have a motion and a second to come out of Executive Session. All those in
favor say aye. All ayes.
MOTION CARRIED: ALLAYES.
De Weerd: Do I have a motion to adjourn our workshop?
Borton: Move we adjourn.
Cavener: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 6:11 P.M.
(AUDIO RE RDING, Q OF THESE PROCEEDINGS)
(o 25
MAYODE WEERD ��ttioAUGc,sT� DATE APPROVED
ATTE�T:.
CHR
SEAL