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HomeMy WebLinkAbout2019-09-03 Regular Meridian City Council Work Session September 3, 2019. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, September 3, 2019, by President Joe Borton. Members Present: Joe Borton, Luke Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Mayor Tammy de Weerd. Also present: Chris Johnson, Bill Nary, Caleb Hood, Clint Dolsby, Jeff Brown, Kenny Bower, Suzie Deardorff 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 ____ Mayor Tammy de Weerd Borton: Good afternoon, everybody. It is Tuesday, September 3 rd at 4:30 p.m. We will begin today's work session with roll call attendance, Mr. Clerk. Item 2: Adoption of Agenda Borton: Item No. 2, adoption of the agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we adopt the agenda as presented. Milam: Second. Borton: Moved and seconded to adopt the agenda as published. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 3: Consent Agenda [Action Item] A. Approve Minutes of August 13, 2019 City Council Joint Meeting with Ada County Highway District Meridian City Council Meeting Agenda September 10, 2019 – Page 4 of 225 Meridian City Council Work Session September 3, 2019 Page 2 of 24 B. Approve Minutes of August 20, 2019 City Council Regular Meeting C. Approve Minutes of August 27, 2019 City Council Work Session D. Approve Minutes of August 27, 2019 City Council Regular Meeting E. McLinder Subdivision No. 2 Water Main Easement F. Willey Building No 3 Water Main Easement G. Final Plat for TM Crossing No. 4 (H-2019-0085) by Brighton Development, Inc., Located near the NE Corner of N. Ten Mile Rd. and I-84 H. Community Match Agreement with Verified First, LLC I. Development Agreement for Elevate Franklin Storage(H-2018- 0109 (H-2019-0072) with Ten Mile Development, LLC., Located at 3755 W. Perugia Street J. Professional Services Agreement for Provision of Live Music at Generation's Plaza K. Nampa Meridian Irrigation District Pump Station Operation and Maintenance Agreement L. Approval of Purchase Order #19-0398 with the Meridian Library District for Community Development Block Grant Funding for ADA Restroom Improvements Not-to-Exceed $87,970 M. AP Invoices for Payment - 08/30/19 - $116,209.84 N. AP Invoices for Payment - 09/04/19 - $533,702.90 Borton: Thank you. Item 3, the Consent Agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we approve the Consent Agenda as presented. Milam: Second. Meridian City Council Meeting Agenda September 10, 2019 – Page 5 of 225 Meridian City Council Work Session September 3, 2019 Page 3 of 24 Borton: Moved and seconded to approve the Consent Agenda. Any discussion? Seeing none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Lit tle Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Items Moved From the Consent Agenda Borton: Thank you. No. 4, there were no items moved from the Consent Agenda. Item 5: Community Items / Presentations A. Meridian Dairy Board: 2019 Meridian Dairy Days Recap Borton: Breezing through this agenda with torrid pace. Item No. 5, Community Items/ Presentations. We have got our 2019 Meridian Dairy Board presentation if Hans -- he is in the lobby. We will give him a wave. We went way too quick, Jerry. Kind of slow down and circle back to No. 5. We appreciate everyone being here. So, it's the 2019 update. Hans, the floor is yours. Provide the Dairy Days recap. Thanks for coming. Bruijn: I'm Hans Bruijn, present of the Dairy board. Mattison: Jerry Mattison, secretary-treasurer. Murgoitio: Mike Murgoitio, Dairy board member. Borton: Right behind you. Johnson: Gary Johnson, vice-president of the Dairy board. Christoffersen. Teri Christoffersen. Meridian Dairy Days Parade. Borton: Thank you all for being here. Bruijn: Yeah. And we are -- I think you are asking for a recap? So, it was -- I mean we just survived the Western Idaho Fair, so I haven't switched over to anything else yet. Borton: A little busy for sure. Bruijn: And I think -- and I can just give a quick recap. We had a great Dairy Days. The weather was great. This was the first time we moved the parade to Saturday and from what we could tell from everybody they seemed to be -- seemed to be happy. We were looking maybe next year maybe we got a -- the dairy cattle show was on Saturday Meridian City Council Meeting Agenda September 10, 2019 – Page 6 of 225 Meridian City Council Work Session September 3, 2019 Page 4 of 24 morning. We may have to move that to Friday. A lot of parents didn't seem to mind too much if we move it, because it was kind of close, you know, by the time they got done and the parade was starting to line up. I don't know if you have anything -- Teri, you were there with the parade. Borton: Go ahead and come on forward to the -- Christoffersen: Yeah. I think when -- a couple of things that we want to do with this with the Council was we were in here for a budget for your help and, of course, we appreciate and love that you do that for us, but we had a couple of things that happened. Our police and our fire crew said that our parade perimeter and so forth was really well taken care of this year. At the last minute we found -- and this is really, truly, the -- what happened. At the last minute we found out the Kiwanis usually volunteers as our -- as our back up on the side streets where we don't have perimeter set up. We re not going to be able to help us this year, so -- and it doesn't look like they are going to be able to help us much from now on. They don't have the staff or the volunteers. So, we had to at the last minute grab temp -- temp help to help with those streets. Another part of the issue that arose when we were in our last meeting before the parade was and figuring out what we were going to do for the side streets, Stacy from the police department -- I should call him by sergeant or whatever, but -- excuse me -- informed us that because we were on Saturday and we are not on Friday, which is a crossover day for manpower, we were not going to have the same manpower from the police department available to help us with that parade. So, once again, we have got -- we have -- we might want to think about that and we will talk to Stacy about it this year with the schedule, because they are going to need -- he didn't have anyone. They were all already on vacation or whatever. So, he couldn't put anybody there. So, we will be asking him and he probably will have to come to you about that for extra people or at least go back up to the standard that we were at when we were on Friday. So, I think I'm going to have our secretary treasurer, talk to you a little bit about the budget that we had and the budget that we need to look at for next year and maybe even some extra for this year, I'm not sure, but one of the things is that the City of Meridian will get a bill from Specialty Construction, which they always do, and the bid that they put out was -- included 300 cones to help with traffic, to help with keeping the crowd abated. They only gave us 50. So, don't pay for those other 250, by the way. I don't know -- who do we address that to? You can maybe let me know if I need to call someone. But we did hear back from the police and from the fire department that -- where the 50 barricades were for the -- for the people that were watching the parade. That did, believe it or not, keep the crowd back. We were using cones and caution tape and it doesn't sound like it would keep anybody back, but it did. So, we were going to do it the full two miles down the Main Street, but because we didn't have the candlesticks we couldn't do it all the way. So, anyway, had a wonderful time. We had a great response from this wonderful community and we our glad we changed it to Saturday I think, so -- Mattison: Just address a couple of things to kind of dovetail on what she was talking about, the police saying, well, it's a Saturday, we don't have the same number of people working as we do on -- on Friday, so we don't have enough coverage to do everything we have done in the past and my response was, well, you have come to every meeting that Meridian City Council Meeting Agenda September 10, 2019 – Page 7 of 225 Meridian City Council Work Session September 3, 2019 Page 5 of 24 we have had for months before this. Can't you make an adjustment to your schedule. So, I don't -- I just pass that on. It didn't make sense to me if you knew months in advance that the parade is on Saturday why you didn't plan for that. So, that's one point. The other one, since the Kiwanis backed out and we needed to get people on these side streets to keep traffic back, we hired MAV Event Services to supply manpower and they provided 25 people to back off -- keep people off the streets or stop cars from coming through and one supervisor. So, there is 26 people that they employed and gave us a bill of 1,315 dollars to do that, which we have done and we have paid. I don't know if this is the place to get into this or not, but I will mention it anyway. I'm somewhat confused as who makes the decision of what is adequate protection. Does the police do it? Does Specialty Construction do it? Does ACHD do it? Who -- who makes the plan that says this is what we need? Last year or two years ago I know the Council said, well, if Specialty Construction draws up the plan and that's good with us. So, evidently there is no one at the city that's really looking at detail and saying that's good or not or is it supposed to be ACHD or -- I mean we all want it to be safe. I mean that's the bottom line. But who makes that determination of how much is enough? So -- so, when we talk about budget next year -- the city's always been very willing to, you know, pay for the crowd control and traffic control, as well as the police and parks department and all that, but if we need to hire some more people to come in and control the traffic, we need to add that to that figure. Using MAV, the people there was cheaper than Specialty Construction's people, so just FYI. So, that's what happened this year, so put that in the back of your minds for next year when we talk about Dairy Days is, number one, who -- who comes up with the plan that the city and ACHD and we and everybody is satisfied with? Borton: Jerry, is there -- I apologize for not knowing if there is a fall or winter meeting, the planning meeting for the next year that -- is there city staff at that meeting whether from police or -- Mattison: Yeah. Typically what we have done in the past -- certainly after the event ran this -- we kind of weren't sure what this meeting was. We thought maybe it was that. It's with staff. You know, the fire department, police department, building department, everybody is there and we talk about what went good, what went bad, you know, the -- kind of the recap type of a thing and, then, again, we meet again prior -- several months prior to the event with the staff again, so -- Borton: Okay. Is there anybody that attends that meeting or should attend that meeting on behalf of the city that doesn't that you think, hey, it would be nice to have X at the table to try and resolve some of these unanswered questions? Nary: Mr. President, I could probably help answer that question. So, we have a special events team with the city that meets with large scale events, such as Dairy Days, and is made up of both staff from -- from the Legal Department, Planning, the Building Department, the Clerk's Office, Police and Fire. So, all of the -- the necessary disciplines are at the table. ACHD also does attend that as well. So, they do have a lot of this discussion and, of course, with the change to Saturday we knew there were going to probably be some changes that were unanticipated because of the date change. Some Meridian City Council Meeting Agenda September 10, 2019 – Page 8 of 225 Meridian City Council Work Session September 3, 2019 Page 6 of 24 pluses because of traffic control would change slightly because you're not dealing with the Friday afternoon as you were in the past, but what -- knowing what the crowd and what the traffic would be on Saturday was kind of an unknown, so -- but to answer the other question that Jerry raised, Specialty Construction proposes the safety plan. It is reviewed both by ACHD and the police department for adequacy. So, it is reviewed by both our city, as well as ACHD as to what they feel is appropriate to maintain crowd control for safety for that. So, it isn't that they simply submit it, but it is actually reviewed by both the sergeant, as well as ACHD's person, so -- Mattison: Did that take in account volunteers in the past or -- it seems weird that that's adequate and, you know, we had to get, what, 25 more people. Nary: Mr. President, Members of the Council, I mean I have attended those meetings for the last several years and we have discussed the staffing that's needed for the type of crowd control and whether it's adults, it's volunteers, how is that going to be done? You know, the preference the city does tend to lean towards is people that do this on a more regular basis, like security companies, rather than volunteer groups, like a Kiwanis or Optimists and things, because they are not trained, so they don't really know what they should be doing. So, we do normally have those discussions, but I know we have talked about every side street and making sure people are there to keep traffic from trying to get through and this year was less conflicts with traffic as it was in the past , but I know we have had those discussions on the number of people and how they are done. Now, again, if it's two versus three or one versus two -- I'm not going to say I recall every -- you know, speaking about every street needs this number of bodies, but you have talked about having people at all cross-streets so we don't have -- most -- most injuries that occur in parades are people trying to cross through the parade and not realizing it's going on or not caring that it's going on and wanting to get to where they want to go to. So, people versus kids, you know, as volunteers are better. Adults are better. People that look like they are in charge or responsible are better and that's why you get -- sometimes we do push a lot harder to try to have folks that are more authoritative in those positions and so I know we have had those discussions and, again, there is a lot of lessons learned each year on what would work better and what to do differently the next year, so -- Borton: That's good context and it sounds like there is that structure available to address your questions, Jerry, that sooner rather than later, so there is no surprises on what the requirements might be, who is making those decisions and -- Mattison: I don't know if we are supposed to do something else since the police department is at the meetings and they know it's Saturday and they know it for six months and, then, the day before they say, oh, we are not going to have as many people as last year, because it's Saturday -- to me was -- you got to be kidding -- Milam: Mr. President? Mattison: -- you know. Meridian City Council Meeting Agenda September 10, 2019 – Page 9 of 225 Meridian City Council Work Session September 3, 2019 Page 7 of 24 Borton: It sounds like there is a mechanism -- Mattison: So, I don't know -- go ahead. Borton: -- to resolve that and address it at these next meetings. I mean I can't speak to, you know, what was or wasn't discussed at what time in the past. Mattison: Yeah. Borton: The reason that I asked that initial question was just to ensure that folks were talking early and -- and if it's a meeting this fall with the individuals Mr. Nary discussed are all in the room and you make that comment, it sounds like the answer will get flushed out, so it's -- there is improvements that can be addressed for 2020. Bruijn: And we, generally, at all our meetings we invite Meridian police and the parks department and most of the time they are there. You know, sometimes they can't make it, but -- and I do think, like you mentioned, too, that having somebody there, like the MAV, you know, they are wearing uniforms or some kind of T-shirt is much more effective than somebody with -- you know, like a Kiwanis shirt that they say, well, what's your -- you know, who do you think you are, because they -- they mentioned they had a lot of problems keeping them from going into where they are not supposed to be. Borton: They didn't used to be 20 people deep around the whole -- you know, it has changed. Kiwanis used to be able to pull it off. Bruijn: You know, they used to have quite a bit more volunteers. I think last year they only come up with a dozen people and most of them were related to the person that was trying to get a volunteer, so -- Mattison: And I don't want to sound like I'm bad mouthing the police department. They have been great to work with. It was just kind of a surprise to me that the last minute, oh, we are not going to have the people there that we didn't -- it was like, well, everyone's got the day off. Borton: It's good you bring it up. If there is a concern or a disconnect, though, that would be brought up so it's resolved, so it doesn't happen again -- Mattison: Because I don't know who -- if we mention at the meeting the police were there and they don't do anything, how do we know they don't do -- until it's too late. That's -- is there a -- one of you is in charge of police; right? I think. Borton: In charge of them might be a -- Mattison: I know there is a liaison maybe. I don't know who it is that's doing it, but maybe that person could be at the meeting or something. Borton: That's a good suggestion. Meridian City Council Meeting Agenda September 10, 2019 – Page 10 of 225 Meridian City Council Work Session September 3, 2019 Page 8 of 24 Mattison: Who is that? Milam: Mr. President? Borton: Yes. Milam: I guess for some clarification -- and just -- so, really, figure out what it is. I mean you mentioned several things. The police weren't there and, then, the volunteers weren't there, so you -- you hired some temps. But what it -- I think, really, when you get to the biggest concern, you mentioned safety. Did you feel like it was unsafe? Mattison: No. Milam: Okay. Did you feel like there needed to be more police presence? Mattison: Yes. Milam: For specifically -- Mattison: Crowd control. You mentioned a couple different things there and they are kind of not necessarily the same. The police do a great job. They go up and down the parade route as much as possible and that's why I guess I started with who approves this, because it was approved with nobody on these side streets physically being there to stop it. Okay. And that's okayed by the city, ACHD, and Specialty Construction, but, in fact, there needs to be, at least in our opinion to make it safe, somebody needs to be there to physically stop someone from moving the barricade and driving through it. Okay. It needs a body to be there. Milam: And this is what I'm trying to differentiate whether it needs t o be a police officer versus these -- these other people that you hired and you didn't have all the cones and did Specialty Construction have people there as well? Mattison: They had some. I don't know -- Milam: As many as what they quoted? Mattison: They had what they said they would have. Milam: They did have what they said they would have. Mattison: As far as bodies, yeah. Milam: So, yeah, it sounds -- yeah, it really just sounds like you need to figure out who -- how many people it takes -- Meridian City Council Meeting Agenda September 10, 2019 – Page 11 of 225 Meridian City Council Work Session September 3, 2019 Page 9 of 24 Mattison: Right. Milam: -- and have a commitment from wherever -- whatever the sources are, this is how many police we need, this is how many other traffic control people we need and that should just be part of the plan and maybe it is -- I mean that -- that got approved, but, obviously, that needs adjusted, because it didn't work. Mattison: Yeah. Milam: And you didn't have the commitment from the police. So, that's why I say come up with a specific number next time with a plan specific to police that are needed for the patrol on Main Street. Mattison: Is that something we should be making the determination of? Milam: I don't know. These are for discussion, you know, back to wherever the -- it comes back to your question, which is who makes the plan and who approves the plan. Mattison: Right. And who says this is -- Milam: Ultimately this is your parade. Right? So I -- I would guess that you would have a lot to do with what goes into that and, then, have it approved by -- especially if you're the one that is not happy with the result, so -- Mattison: I guess I would be fearful if we had the parade this past year and we didn't bring these people in and something did happen , who is going to get in trouble on this? I think all of us have our liability out there that we put it on , the city approved it, and they said this is adequate and it doesn't turn out to be adequate. I think we are all liable then. So, that's why my original question comes back again, who makes the final determination and if the city and ACHD and Specialty says you don't need those people, well, we are not going to hire them. Johnson: The other thing we -- we had a -- and we will be smarter next year. We are always smarter next year. We had an expectation of some -- a lot of candlestick cones and, then, we were going to tie the caution tape to them. We ended up with cones, the pyramid cones, which are impossible to tie anything to and they actually -- and they were in the right spot where the candlesticks were -- should have been as a pedestrian control device, but it was almost a hindrance, because that was now the new boundary that people move beyond, instead of before without them, the sidewalk was the boundary. So, now we had this new boundary that was three feet farther out into the street that we were trying to push people back. So, like I say, we will be smarter next year. We will expect and require the candlesticks, so that we can have the caution tape all the way down both sides of Main Street and I know there is talk of closing the -- the island down just south of here to spectators next year, which I think will help a lot, so -- but I think all in all it went fairly well. There was a few tense moments there with the kids and everything , but, anyway, I think it was pretty much a success and especially going to a Saturday and appreciate your support. Meridian City Council Meeting Agenda September 10, 2019 – Page 12 of 225 Meridian City Council Work Session September 3, 2019 Page 10 of 24 Borton: Appreciate you sharing that. Murgoitio: I would like to say something. I think one of our biggest concerns with this bill is that we kind of went out on a limb on our own. We seen a risk that we didn't like and we made an adjustment for the risk and we didn't have necessarily your permission with the funds to back it, so we took a risk on our behalf thinking we might have to pay for this, but we felt like it was just to make the call to say, hey, we would rather have it safe and eat the -- eat the bill than have it unsafe and have something happen. But we just felt like we would like some more clarity in future meetings to say how -- we don't want a free for all checkbook from you guys, you know, just to say we can have this in a fortress, but we need to have some sort of, you know, communications in there t o where we don't, you know, spend the city's money if you guys approve this, that we have some limitations in there that we feel comfortable with, assuming the risk of the parade, so -- Milam: Mr. President? Sorry. So -- and something that I was thinking about prior, we approved a not to exceed amount. This is -- now this is an accounting Finance Department issue. This is not something that we can determine up here for sure. But if we had less police officers present that we allotted some funds for, it seems that there might be some overflow that might be able to go -- to contribute towards this bill. In essence it does the same thing that what -- from what was supposed to happen with the money that we were offering in the first place. Does that make sense? Murgoitio: It does and I don't know how many police officers weren't there versus how much this bill offsets. I don't know that accurate number, but I just -- Milam: Neither do I. That's why I said -- Bruijn: I think the reason there were less police officers because on Friday -- and I think it has to do how one shift comes in and one shift goes out and on Friday those two always overlap is from what I -- from what I understand from the police, but, then, on Saturday you just have the regular -- the regular shift on, so there wasn't any extra police like you had on -- on Fridays before. That's kind of my understanding. Borton: Any other -- any other unique successes or areas of improvement opportunities that you would like to be on that fall agenda with the group that Mr. Nary had described that is utilized every year, so that -- so things are addressed and answered sooner rather than later? Mattison: Do you determine who the liaison person is with the police department? Borton: Yes. Milam: Yes. Mattison: But is it set for next June? Meridian City Council Meeting Agenda September 10, 2019 – Page 13 of 225 Meridian City Council Work Session September 3, 2019 Page 11 of 24 Borton: No. Mattison: It will be set after the elections? Milam: Yes. Mattison: Okay. I would maybe suggest that that person -- Milam: Good idea. Mattison: -- come to the meeting, whoever that happens to be. That wasn't the biggest problem. We had a few less police, but they did a good job and it was taken care of. To me the big problem was the extra manpower and did we really need to do that. We thought we did. Borton: Anything else that would be helpful to have on that agenda? Johnson: Yeah. If -- while it's still relatively fresh in all of our minds is those of you that attended it, write down your thoughts of maybe things that we could do better or change and have for us at our get together that we are going to have with the city staff coming up, it would be helpful. I -- from the little festival in the park, to the parade, to anything to do with the events at the speedway, it would be -- it would be good, it would be helpful to us. I know, Bill, you're always at the meeting and any -- I don't know if you would be the clearinghouse for that, but, anyway -- Nary: Mr. President, Members of the Council, if you did have any comment, I would direct you to the clerk, because the clerk's office manages this agenda and the scheduling of that meeting, so if you want any input to that we could certainly funnel that through the clerk's office. Nancy Radford is the one that manages that for the special events that go on. Borton: The partnership with the city is pretty important, so appreciate you raising the good stuff and also if things didn't go as perfectly as they could, let's address it for next year. Council, any other questions? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: One thing I noticed there were a lot more people there than in past years . I think moving it to Saturday evening, instead of Friday evening, made a pretty big difference. I remember being in the parade many times -- usually when Main Street meets Fairview or Cherry Lane it sort of dies off quite a bit and there were people packed all the way down Fairview, You know, turned back on -- was it 3rd, 2nd, whatever, you know, halfway down that street. So, I couldn't believe the amount of people. So, I think these are just some Meridian City Council Meeting Agenda September 10, 2019 – Page 14 of 225 Meridian City Council Work Session September 3, 2019 Page 12 of 24 talking points that are important to discuss. Hopefully you guys jotted down some notes and -- and we get the right people there talking about the right things, because I think that it's important. You're only going to get more people, you know, for being on the -- on -- on Saturday. Bruijn: Once they figured out it's moved to Saturday. Bernt: Right. Right. I noticed a difference. Milam: Mr. President? Borton: Mrs. Milam. Milam: I have the feeling that they are -- they are asking us to help pay for this bill. Maybe a little bit indirectly. So, I would like to maybe direct Finance to do a reconciliation of actual -- our actual costs and compare it -- once they get the -- we have the bill with the -- it should be less for less cones from Specialty Construction. If we had less officers that we -- than we had put into the numbers and see if there is anything left over at least that -- from the money that we committed to put towards this expense that was a safety expense. Is that clear? Does that make sense? Mattison: I might -- to muddy the water a little bit more if I could, Bill knows, there was an ordinance passed several years ago that we are a n historical event -- Nary: Yes. Mattison: -- and because of that the city pays all of the Police, Fire, Parks Department budget. That's a given. That's the -- that's an ordinance. The part above that, which would be cones and that type people, is what we need help with payment and I think the motion that was passed every year here kind of lumps it all together and says we want to spend -- if I can remember the figure -- 9,000 dollars, whatever it is, for Dairy Days and it took the salaries out of that and I always think that's kind of a weird way of doing it, since the salaries are a given that they have to be paid for, why don't we just look at the crowd control part of it and just make that a -- an item. But that's just my suggestion. But it does -- it does have -- Borton: I don't think it muddies the water. Mattison: Uh? Borton: I don't think it muddies that waters necessarily. It provides some clarity to what Mrs. Milam is asking us to look into and Finance certainly can do that. Mattison: I will drop this off if you guys decide you want to pay for it. Borton: Mr. Clerk will take it. Council, any other questions? Meridian City Council Meeting Agenda September 10, 2019 – Page 15 of 225 Meridian City Council Work Session September 3, 2019 Page 13 of 24 Bernt: No, sir. Item 6: Department / Commission Reports A. Public Works Week Update to Council Borton: Again appreciate you all coming and bring up the -- the opportunity. Okay. Thank you. Welcome, Mr. Palmer. Good to see you. Item 6 -A they are Department/Commission Reports. Public Works Week update. Council, Suzie is here. I think you're going to kick off the presentation. We saw Dan lurking. How are you doing? Deardorff: Good. Borton: Good. Deardorff: Thank you for letting me delay my presentation for a couple of weeks. Borton: No worries. Deardorff: I have a brand new granddaughter. Borton: Congratulations. Deardorff: Thank you. Borton: What's her name? Deardorff: Her is Eloene Grace and they will call her Winnie. Borton: That's a beautiful name. Milam: You can start with the pictures. Deardorff: If you want to see a picture I have my phone. So, Mr. President, Members of the Council, it's my pleasure to provide an update to you on the 2019 Public Works Week. Planning for the Public Works Week begins in January by these members of the Public Works Week planning committee. Our theme this year was It Starts Here. For Meridian Public Works Week truly does start here with the support of the Mayor and Council Members and the hard work of this team. Our first event this year was the Poop Scoot. Many staff and members of the public indicated they missed this last year, so we brought it back and moved it to an exciting new location at Kleiner Park. As a slight twist this year our entry fee was either food for the Meridian Food Bank or toiletries for the Boise Rescue Mission. We collected three boxes of toiletries for admission, 77 pounds of food and 1,900 dollars for the food bank. It really was a fun event for our participants and staff . For our very popular and one of our most personalized educational events we focused on Meridian City Council Meeting Agenda September 10, 2019 – Page 16 of 225 Meridian City Council Work Session September 3, 2019 Page 14 of 24 making the Go With The Flow facility tour even bigger and better this year by adding a second bus, so that we could reach twice as many people in our community. The response from the attendees was, again, this year overwhelmingly positive. The Expo always generates lots of excitement from the littlest visitors to the repeat attendees. We even had one attendee who said they had been here for ten years. This year was hot and the fire hydrant display was hugely successful. There was dancing in the streets. From old favorites like all the big trucks to the newest fountain display, to meeting Hydro and Tootsies, to building toolboxes, there were so many opportunities for our community to learn about Public Works and they did. The people really enjoyed interacting with our fantastic Public Works staff. So, here is a quick video recap of our Public Works Week. (Video played.) Deardorff: So, all those smiling faces that you saw are the reward we get for sharing these learning opportunities with our community. This is impossible alone. Our sponsors and other partners help us make this happen. Your support and participation also make it possible. This year we had one sponsor that really stepped up and we would like to acknowledge them with a plaque to express our appreciation for their generosity. At this time I would like to invite our representatives from Republic Services to join us, so we can thank them. Council President, if you would like to join us and Dale. Borton: Certainly. Deardorff: Thank you. Don't go too far. Each year we also traditionally take the remainder of the sponsor donations and share them to meet some of the needs in our community. This year we are pleased to share a total of $2,994.03 to the following: There are two internal programs we are pleased to partner with. The Parks' Care To Share's Community Scholarship Fund, we donate 500 dollars to them to help the children of our community participate in various parks programs. And for the SWAC community recycling fund we have donated 500 dollars to help with projects and programs that help promote responsible recycling. And now if we could have the Meridian Food Bank Representative Dan Clark join us. We have a check for them in the amount of $1,994.03 to help provide food to local charities and local residents in need. And that's Public Works Week 2019. We want to thank you for your continued support and we would love to see you next year. Any questions? Borton: Thank you, Suzie. Great presentation. Deardorff: Thank you. Borton: Council, any questions? So yeah, just a couple comments. It just gets better every year. It's so professionally done and the two great outcomes, among others, are that you expose our community to the great work and great people in Public Works and kind of let us be proud of all that you do . So, we are proud to support you and let the public see all the good work that you do and how you do it and get a glimpse behind the curtain a little bit. So, you make us proud every day, so -- Meridian City Council Meeting Agenda September 10, 2019 – Page 17 of 225 Meridian City Council Work Session September 3, 2019 Page 15 of 24 Deardorff: Thank you. Borton: -- well done again this week. Deardorff: Thank you. Milam: Thank you, Republic Services. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I just want to add -- add one particular thing. I think I have been participating with Public Works Week in some facet or another for almost ten years. I didn't get to do anything this year, because I was out of town. But one thing that is important for the Council and for those few of us in the public that are here -- and Mrs. Palmer watching online -- to know is that when this event first started it was largely driven by our staff and supported by our citizens that came out. But because -- Mr. Borton, to your point, because of the level of quality of this event the business community has turned out year over year and I think that sponsorship element is so critical to showing that the business community supports the efforts of our Public Works Department. They support the events that our community comes to. I think that is to me one of the best parts about Public Works Week is how you continue to attract business to come in and donate their time and energy to keep making this event bigger and better. Deardorff: Thank you. Cavener: And I support it. Deardorff: Thank you. Bernt: Well said. Deardorff: Thank you. B. Benefits Trust Agreement Discussion Borton: Thanks. Item No. 6-B, benefits trust agreement discussion. 6-B. This is coming back, if you recall, from two weeks ago -- one week ago. Last week. We have seen the document before. Christena is here, as well as Mr. Nary if there are any questions, but, Mr. Nary, we will turn it over to you. Nary: Thank you. Mr. President, Members of the Council, after the discussion last week there was three specific changes that the Council has requested. We have made those changes in the document. We did have a discussion with Mr. West and kind of explained Meridian City Council Meeting Agenda September 10, 2019 – Page 18 of 225 Meridian City Council Work Session September 3, 2019 Page 16 of 24 what Finance's concerns were on -- on how the mechanism of funding occurs and how we have to align that with what the Department of Insurance requires and I think we are all on board. I did get an e -mail today from Mr. Lavoie, had a couple of concerns about some of the language, but, again, we are trying to match up with a statutory requirement, not to impact the business operation of the city, and he is comfortable that we are going to be able to make that line without concern. Mr. West, our outside counsel in this case, he met with Ms. Barney and myself last Friday, because he was trying to understand where the concerns were and I think we are aligned with the Department of Insurance's requirements to make this workable and so we are asking you to approve the agreement and let us move forward with the next phase, which is submit this to the Department of Insurance for their review. Borton: Thank you, Bill. Do you need action on the bylaws and the agreement? Nary: Mr. President, Members of the Council, just the agreement. So, that's the -- that's the agreement between the city and the trust. The bylaws are merely the operation guide for the trustees. So, just the -- just the agreement itself. Borton: Okay. Thank you. Council, any questions? Thanks for addressing the questions and concerns to Council. Christena, thanks for your work to do that and following up with Mr. West, so -- is there a motion? Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: Mr. President, I move that we approve the benefits trust agreement as presented last week with the changes -- Borton: Today. Little Roberts: -- for today. Bernt: Second. Borton: It's been moved and seconded to approve the amended benefits trust agreement. Any discussion? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Just want to echo your comments. Appreciate the work of -- of staff to get this agreement all put together. I have put a lot of thoughts into this. As Council is well aware of I have had some significant reservations about there not being a member of the City Council as a trustee. I have continued to hear from other elected officials across the state Meridian City Council Meeting Agenda September 10, 2019 – Page 19 of 225 Meridian City Council Work Session September 3, 2019 Page 17 of 24 who have voiced similar concerns. I don't want to take away the great work that's been done by HR and the Legal Department. That's just a hurdle that I haven't been able to overcome. So, I won't be voting in favor of this. It's not because I -- I don't think that we need to move to a trust. I have been wanting to see something like this for six or seven years. I just think that it's missing a critical component for our taxpayers and so until that's resolved it's something I can't be in support of. Borton: So, one of the -- I thought of those earlier comments. Section 3.1 and 3.2 of the trust reference trustees three -- from three to five. They appoint four. So, it's -- it's structured in a way that if approved it allows for an elected official, any fifth trustee to come on. So, the structure of the trust itself doesn't prevent what you're asking for to happen, it just doesn't place an elected official on right now. Cavener: Mr. President, if I can respond. Correct. And I spent a lot of time kind of consuming that particular piece, but because we were forthright in saying these are the four members and leaving a fifth blank -- at least that is somewhat nebulous. If we had said four and a council member to be determined at a later time or an elected official to be determined at a later point in time or a member of the public to be determined at a later point in time, that may have helped me come around. But because it was left empty, for all intents and purposes what we are saying is these are the four. Milam: Mr. President? Borton: Mrs. Milam. Milam: Are you -- I respect of what you're saying a lot, but it comes back to the conversation that we had, that is there may not always be a council person, as we are elected officials and we change over regularly, that is willing to take on that responsibility, which is why we didn't want to put it in there as a requirement. Are you asking to be part of this committee and I mean I would be okay putting that on -- on the next agenda to have you approved as part of that , if that's something that you want to do as the fifth person, because right now you still have two years left of your term. But requiring it to be a council person can set it up for problems down the road. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Just want to -- Council Member Milam, appreciate -- those are big questions. It's not something that I had -- for me even the four current names that are on there are, essentially, all temporary and at some point those four individuals are going to retire or win the lottery, be recruited away and so everybody's position as a trustee is somewhat temporary. The question of is it me who serves in that capacity -- if there is nobody else on the Council that's remaining that would want to serve, then, yes, because I believe so importantly that you need to have a City Council Member involved. We do, however, have Meridian City Council Meeting Agenda September 10, 2019 – Page 20 of 225 Meridian City Council Work Session September 3, 2019 Page 18 of 24 two other Council members who are -- that have at least two years left on their term. I would be equally supportive of them as well. Milam: Absolutely. Me, too. Cavener: My -- the other part -- and this may go into deeper conversation is because the way the agreement is now structured is that the Council can dismiss members. That may be more of a challenge to have a Council Member that is on there as a trustee and also has the authority to dismiss the other members in the body -- has the opportunity to dismiss them as a whole. Again, it's not a piece that I had considered -- in part because I felt like that the Council was going to move forward without a council member as a trustee and I didn't want to slow that process, but I wanted just to articulate that I'm supportive of it as it's presented -- to thank the staff for doing that. They were trying to get it there, but it wasn't something that I felt comfortable with for the reasons that I have previously stated. If the Council is of the mind to say, no, we do -- we have changed our mind and we do think having a council member involved is important, I think that we may need to look at in the agreement again so that we don't create a conflict by having a trustee also have the ability to dismiss other trustees. Borton: That brings up the question -- I guess to respond, not to open a can of worms. I think it's -- in its current form it is appropriate to approve today and it -- because it preserves that right for a future discussion if a fifth person that might be a Council Member joins in the future. So, I think that we went through it already, so -- Cavener: Mr. President, to that point can I -- I would like to ask Mr. Nary a question. Borton: Certainly. Cavener: Mr. Nary, as the agreement is currently drafted would that be a conflict if next week the Council decided to add a Council Member or a year from now, five years from now, to add a Council Member as a trustee, would that create a conflict or any risk as the agreement is currently drafted? Nary: So -- so, Mr. President, Members of the Council, I think the potential is yes. The way it's drafted I think it could be a conflict for the Department of Insurance. If you recall Mr. West felt it was already inherently a conflict. Now we are actually making it a conflict. So, I think you are going to have an issue with Department of Insurance. The Department of Insurance has still never answered the question that was posed a few months ago about an elected official serving in this capacity and the best answer we could get from them was, well, at least they could apply, but we would likely deny. So, if the requirement is that it has to be a council member and they finally finalize their opinion and it gets denied, does this fail. If it's required by our agreement, then, it has to have an elected official on it. That would be the concern is we haven't vetted, because I wasn't -- I didn't know we would still need to vet that. So, I think you were correct, Mr. Cavener, we would -- but the way it's currently crafted it would have to be -- it would have to be -- a new agreement would have to be drafted. Meridian City Council Meeting Agenda September 10, 2019 – Page 21 of 225 Meridian City Council Work Session September 3, 2019 Page 19 of 24 Milam: Amended. Nary: Or amended. Cavener: Crafted. Yeah. Borton: Any other discussion from Council? Milam: Mr. President? Borton: Mrs. Milam. Milam: Okay. So, just for clarification, Mr. Nary, if -- say January when you have the new council members and they have a discussion, decide that they do want to have a council member on the board, not as a requirement, but they have somebody that's willing -- volunteering and willing to do it, at that point if that person is put on the -- put on the board can that -- can it be modified -- can the agreement be modified at that time? Nary: Madam -- or Mr. President, Council Members, yes, if that's the desire of the Council is to add that, we could, then, reevaluate the agreement, look at that, whether or not it needs to be amended as part of that. Again, the Department of Insurance may have a different, you know, response four months from now, I don't know, but, yes, we certainly could come back and amend the agreement. Milam: Nothing is written in stone. Nary: Correct. But, Mr. President, if I could make one indulgence -- and this is my apologies. When we set this agenda we set this as a discussion item, as an update from last week, but we do need action. It isn't listed as an action item and it's required to be. I would ask if you were to take action tonight to approve it to move it to your 6:00 o'clock agenda and add it to that agenda as an action item. So , that might give you another 40 minutes to ponder that question. Borton: We will do that and make note to add it on the 6:00 o'clock, so -- appreciate the discussion and the good work to get us to the stage where we are now. So, 6 -B will go to the 6:00 o'clock for action. C. City Council: Review of Rules for Participatory Budgeting Borton: 6-C is the review of rules for participatory budgeting. This is -- and I will start the discussion from here if that's okay. It's not a lengthy or in-depth discussion, but a reminder to all of us of what's -- how this program started. It came up in the budget discussions when we approved, I believe, a 20,000 dollar line item to renew participatory budgeting, how is it be used and what would be the group or groups that would have funds available to it and I believe the general question was -- MYAC has used it each year. The Senior Advisory Board has utilized it last year with some success and both I believe desire to Meridian City Council Meeting Agenda September 10, 2019 – Page 22 of 225 Meridian City Council Work Session September 3, 2019 Page 20 of 24 use it -- the process going forward. So, what are the bounds, if any, to that. Are there other groups within our community that we want to open this opportunity up to? So, it was left at the budget meeting that we would make brief comment about how it started and the specific purpose of it. So, the specific purpose of participatory budgeting and why we brought it here was trying to give a voice to a finite segment of our population that was either not being heard or not having their specific issues addressed. If you recall in the larger conversation and larger communities most commonly sees it -- sees it utilized -- utilized in particular a neighborhood or borough that might not be -- having specific area concerns addressed. We utilized MYAC, being the youth population, which doesn't vote, to try and give them an opportunity to address youth needs that maybe the elected officials aren't addressing, so -- and the seniors being the next. So, the unanswered question was knowing those are the parameters, that you have to have a measurable, finite -- whether its geographic or MYAC or the seniors -- some way to control who is participate -- participating in it and, then, ensuring that group utilizes the strict rules where the elected officials don't weigh in at all in what they are doing, that it's not for personnel, it's for one time expenses, and we have become familiar with some of those, but if there is a desire by -- whether the Mayor or anyone on Council to try and expand it to a third group or a different group, that -- we talked about it here and, then -- Jodi is not here, but I mentioned it briefly to -- to Jodi St. Martin, having her input, because she oversees it and one of her comments was if there is a desire amongst the Mayor or Council to expand this to a different group, the administration of it, that she provides to the two groups now is pretty intense and so we would have to be mindful of that, that there could be a -- a large obligation on city staff to try and shepherd whoever the other group might be through the process, especially for the first time. So, it came -- that's why it's on today's agenda, just to see if there was anyone who -- who wanted to suggest a new group might be encouraged to utilize participatory budgeting or not use seniors or the -- or MYAC. Milam: Mr. President? Borton: Yes. Milam: Why does it need to be a specific group and not just open it up to -- let people bring ideas and not with -- using any administration until we like heard some ideas from the public. Borton: So, Mrs. Milam, the origin of the whole thing was -- it's a -- it's a solution to a problem. The problem being that you have -- if you have some group in your community that isn't having a specific need addressed. So, rather than -- it's not designed to -- you know, just provide funds to anyone and for any particular reason to spend it however they wish. For what it's worth. That's just what it's -- Milam: If it brings an improvement to our city that -- that may serve a group that is underserved right now, but it's not somebody that we are necessarily thinking of and -- and could -- yeah, I mean what -- for us -- you know, who are all the groups and we don't even know all the groups that are existing, but if we just open it up broadly and let them -- like an RFP, you know, let them put in their -- show us what they would like have done Meridian City Council Meeting Agenda September 10, 2019 – Page 23 of 225 Meridian City Council Work Session September 3, 2019 Page 21 of 24 and, then, you know, maybe, then, take the top two or three and, then, you know, really have Jodi work with them on that. That's just a thought. But I think there are a lot of groups out there that were -- aren't -- aren't even coming to our mind or -- or, you know, areas within the city that maybe we are not thinking of. We don't necessarily have -- you know, we have the downtown association, you know, that we have -- there are -- there are a lot of things and a lot of people and a lot of groups out there that aren't at our forefront of our mind. I'm sorry, I was just -- Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I think -- I think to Council Member Milam's point -- I mean both the two programs that Jodi currently works with is because those are -- those are programs that are ran out of the Mayor's office. So, it's natural that, you know, those are the places that we wanted to pilot it. Any deviation likely that we do will -- will break from that tradition, right, of using programs that are housed within the Mayor's office and so to Council Member Milam's -- I wouldn't know who -- who do you say, well, what about -- what about, again, the Friends of Meridian Arts or the Downtown Business Association, the Southern Rim Coalition, whomever would want to participate. I'm more supportive of having it being less restrictive to a group, as opposed to being exclusive to programs that are just ran out of the Mayor's office. Borton: Like more -- more akin to a grant program where any assorted group might apply for set funds for a set purpose? Cavener: And, Mr. President, maybe -- maybe a clarification. If the intent is just to keep this as a program with MYAC I'm -- I'm supportive of that, if that's how we want to continue. This is a program that's for MYAC. These are youth that don't have the ability to vote, here is a way for them to continue -- what we have done as a city was to give opportunity and voice for our young people. That by itself is fantastic. Last year through the generosity of Republic we ran a secondary program that didn't use taxpayer dollars with Republic. That was a one time event that presented itself. Great. If that's how we want to continue I'm supportive of that. If where we are just saying we want to change how we do participatory budgeting, that's where I'm saying maybe -- if that's the intent of the Council, then, yes, maybe it does become more of a grant and less of a program that is less staff intensive. Borton: That was the reason this got on the agenda to circle back on the unanswered question from the budget meeting. If there is a desire to expand or to do it different with the funds that were allocated or continue as we are doing it. Cavener: Mr. President? My apologies. One more thing. And I think it's important for Council to note is whatever route we are headed I think that we need to communicate that fairly quickly to Jodi or to Finance or to whomever. I'm a Kiwanian -- I guess we didn't Meridian City Council Meeting Agenda September 10, 2019 – Page 24 of 225 Meridian City Council Work Session September 3, 2019 Page 22 of 24 do a very good job with the parade this year as I learned in this meeting. I'm the one apparently to blame. But I was at our weekly meeting and a member of the Mayor's Senior Advisory Board was there talking about what they are planning to do for participatory budgeting this year, which piqued my interest. So, if we are shifting -- if we are changing we should probably do a good job of communicating that to our past stakeholders who believe we are -- we are funding that this year. Borton: I'm not aware of any shift or change and we can close the loop or not right now, unless there is -- if there was a desire to do something different now is the time, so -- Milam: Mr. President? Borton: Yes. Milam: I think, first of all, we only have the budget for one thing probably, unless you're planning on taking and splitting it halfway between MYAC and the seniors. I'm totally open to how it goes, whether it stays with MYAC, whether it goes to seniors, whether it goes every other year, opening it up to the city and have it be more like a competition -- not a grant, not just giving somebody money to do it, but having it still run through the city, but they bring their ideas to the city and, then, you know, to participate the same way any of these other groups have done in the past. But we don't have enough in our budget for the seniors and MYAC and I think that's what Councilman Cavener is talking about is MYAC thinks that they are doing a project and the seniors think they are doing a project and we only budgeted for one project. We have to make a decision. We can't just leave it the way it is, because it isn't anything. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Maybe we should just pick one for this year and let the new Council and Mayor discuss what to make of it in the future or next year, because regardless of what happens there is going to be a drastically different makeup up here. So, we can just pick this year and rather than setting a plan for them that they throw off, let them make the plan next year. Borton: We have allocated funds for next year already though. After 2020. Did you have something? Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: I was debating here. To me they almost sound like two different things, because it does sound, if we open it up to everyone that it is more of a grant type program that having seen and run several grants can be completely and totally overwhelming if Meridian City Council Meeting Agenda September 10, 2019 – Page 25 of 225 Meridian City Council Work Session September 3, 2019 Page 23 of 24 not prepared and I think it would take more like a year or two to preface that, so that we have staff in place and that it is -- it may not be specifically a grant program, but is run more like a grant program where people or groups apply and you may end up with 20, 30 -- in this city of wonderful ideas we may end up with a hundred. Who knows. But we need to have in place who is going to vet those out, set the parameters and so I think that this coming year we need to either leave it with MYAC, split it, or let MYAC and the seniors compete for the dollars and go head to head. Milam: Or work together. Little Roberts: Or work together. Milam: That would be great. Bernt: Interesting. Borton: You want to chew on this and bring it back? Is there any consensus? What we have right now is -- is MYAC and the seniors we have allocated 20,000. We can pick one of the two, we can do a budget amendment and fund both to utilize it. Cavener: Mr. President? My two cents -- I'm not supportive of appropriating a second set of 20,000 dollars or 40,000 dollars total to do one for seniors and one for -- for MYAC. We budgeted 20,000 dollars for the use of participatory budgeting. I'm fine with leaving it as is and the programs that are coming out of the Mayor's office can bring forth proposals and we can go from there. I'm also equally fine with leaving it as a MYAC program. Borton: Okay. Bernt: Mr. President, I'm also supportive of keeping it the status quo. I think it's a little bit early to maybe start talking about different avenues, different opportunities. I think they can get a little bit complicated and not something that we are prepared to discuss this evening. So, I would -- I would be supportive of keeping it as is and like Mr. Cavener discussed, maybe let the -- you know, Jodi or the Mayor's office decide, you know, where it's going to go, MYAC or the seniors. I don't have a preference between the two. I don't care. Milam: Mr. President? Borton: Yes. Milam: Again, I -- and I agree, I'm fine with leaving it status quo, but what is status quo and like Mr. Cavener said, we need to let these groups -- and -- and I think that means not waiting until January. If they have -- you know, they are going to -- it just shortens their window if they are thinking of ideas and, then, you know, they are working on stuff Meridian City Council Meeting Agenda September 10, 2019 – Page 26 of 225 Meridian City Council Work Session September 3, 2019 Page 24 of 24 for another four months and, then, we are like, oh, yeah, we gave that money to some -- a different group, I don't think that's appropriate either. Borton: Okay. Milam: So, I think that a decision should be made, whatever that is. And I'm -- I'm good with either and or both different. Cavener: Mr. President? Sorry. I feel like that we are jumping into the weeds of how to manage the Mayor's office and that staff and I'm not comfortable with that. We have appropriated the funds, leave it to the Mayor's office to decide what and how they want to go with it. I think we have provided good context to confuse everyone as we are very good at and rather than making it even more confusing, we have appropriated the dollars, the Mayor's office can decide how they want to use it. Milam: I'm fine with that, too. So, I think it should wait until January. That was kind of my -- Cavener: Mr. President. Agree with Council Member Milam is that decision needs to be made sooner rather than later and communicated to MYAC or the seniors -- both of them, so that people aren't out promoting a program that they are not going to be able to participate in. Borton: And the Mayor's office and Jodi can help lead that decision and process. Cavener: Great. It took a minute to get there. Appreciate it. Borton: Good work, everybody. 6-C. That's it. Anything else on the workshop agenda? Cavener: Mr. President, move we adjourn our work session meeting. Bernt: Second. Borton: It's been moved and seconded to adjourn. All those in favor say aye. Thank you. Well done. 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