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HomeMy WebLinkAbout2008 02-01 SpecialMeridian Citv Council Special Meeting February 1, 2008 The Meridian City Council Special Meeting was called to order at 12:00 P.M. on Friday, February 1, 2008 by Councilman David Zaremba. Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Charlie Rountree and Joe Borton. Staff Present: Bill Nary, Tom Barry, Jeff Lavey, Ron Anderson, Joe Silva, Bruce Freckleton and Will Berg. Item 1. Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree ~~~a te~epnone) X Keith Bird X Mayor Tammy de Weerd (arrived lace) Item 2. Adoption of the Agenda: Zaremba: The second item on the agenda is the adoption of the agenda and I would entertain or request to rearrange it so the Executive Session becomes the next item that we do. Bird.: Mr. Vice President. Zaremba: Mr. Bird. Bird: I would with your permission and Councilman Gorton's permission move Item 6 on the agenda to Item 4 and let's do number 3 now because that is just a matter of -and we also, on the agenda we need to in the Executive Session add not only 1 (a), but 1 (c) and 1 (f). With that I move approve the agenda as revised. Borton: Second. Zaremba: We have a motion and a second to adopt the revised agenda. All those in favor say aye. Opposed? THREE AYES. ONE ABSENT. MOTION CARRIED. Item 3. Approve Beer and Wine License Application for JMS Services Group, Inc. dba My Caffe at 450 S. Meridian Rd, Suite #15: Zaremba: Any discussion on that? Meridian City Council Special Meeting February 1, 2008 Page 2 of t0 Borton: Mr. Clerk is all the signatures obtained? Berg: Mr. Chairman and Councilman Borton everything is all in order. This is kind of one of those we were not going to meet for two weeks and so we thought it would beano brainer to put on for an approval. Zaremba: Okay, in that case I would entertain a motion to approve Item 3. Borton: Mr. Vice President I move we approve the Beer and Wine License application for JMS Services Group. Bird: Second.. Zaremba: We have a motion and a second. All those in favor say aye. Opposed? THREE AYES. ONE ABSENT. MOTION CARRIED. Item 6. Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office, (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency & (fl - (to consider and advise its legal representatives in pending litigation): Bird: Mr. Vice President I move we go into Executive Session as per Idaho State Code 67-2345(1)(a)(c) and (f). Gorton: Second. Zaremba: We have a motion and a second to go into Executive Session. believe that is a roil ca11. Roll Call Vote: Bird, aye; Borton, aye; Zaremba, aye; Rountree is absent. THREE AYES. ONE ABSENT. MOTION CARRIED. EXECUTIVE SESSION,: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second.. Meridian City Council Special Meeting February 1, 2008 Page 3 of 10 De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. Zaremba: Madame Mayor. De Weerd: Yes. Zaremba: I would comment for the record that you joined us at the beginning of the Executive Session and also that during the Executive Session Councilman Rountree was available by telephone. De Weerd,: Thank you Mr. Zaremba. already do that item? I imagine we are on Item 3. Did you Borton: We did that, yes. Item 4. Amendment to Bittercreek Agreement: Item 5. Cooperative Construction and Reimbursement Agreement for Lift Station, Force Main and Oversize Main for Bittercreek Meadows: De Weerd: Mr. Nary or Mr. Barry? Barry: Madame Mayor and Members of the Council, Tom Barry of the Public Works Department. I wanted to update the Council on where we are with regard to water quality results for the well in question at Bittercreek as well as some concerns regarding fire flow. According to our analytical laboratory, we are still missing results for a group of organic constituents that we don't expect in until mid week next week. We also do not have the radio nuclides group of constituents analyzed as of yet or the results I should say back yet. We expect those mid February. Unfortunately that is taking a little longer than we had anticipated. We are trying to expedite the retrieval of those results, however, that is the update with regard to water quality testing at this time. We also have some concerns and have been working with the Fire Department regarding fire flow requirements to support fire suppression in the area in question. There have been a variety of information sharing going back and forth between the Fire Department and the Public Works Department on this issue. We believe that we will not be able to meet adequate fire flow requirements at this point and time without refiro fit or upgrades to the existing water well and have evaluated what those costs might look like. Our latest information from consulting engineer who has provided us a cost breakdown for addressing fire flow requirement retro fits comes in on the order of $194,000, including contingencies and excluding as I understand some of the discounts that might be had or resale of existing Meridian City Council Special Meeting February 1, 2008 Page 4 of 10 equipment in the well. We also today received a new bit of information from Mr. Jewett regarding an alternative he would like the city to consider involving on extension of a water line. We have no information at this point and time as to how that might bear on the city with regard to service area delivery, fire flow, water quality and those sorts of things and would like an opportunity to evaluate that alternative before moving forward with this agreement. So the recommendation of the Public Works Department is to provide the Public Works Department, the Fire Department and Mr. Jewett and others an opportunity to fully investigate Mr. Jewett's alternative as suggested and provide a recommendation at a later time to the Council. Are there any questions or comments? De Weerd.: Council any questions? Bird: I have none. De Weerd: Okay, Mr. Nary is there anything that you need to add? .Nary: I don't think so at this time, Madame Mayor. Borton: Madame Mayor. De Weerd: Mr. Gorton. Borton: Tom are we looking a week or two weeks? February 19th is the next time that we are all together again. If we try to put a book end on when we want to shoot to have that information available, is that doable? Barry: We would like to get the information as soon as possible. I am going to turn to Mr. Grady since his staff will be involved in the analysis, once we get additional information from Mr. Jewett. Mr. Grady. Grady: Madame Mayor and Members of the Council I think that if we received information early next week we could meet a February 19th deadline on providing an analysis of the proposal. But, we would have to receive it early next week. Borton: Madame Mayor. ' De Weerd: Mr. Borton. Borton: A question to legal -what do you need? I just want to make sure everyone knows who is providing what to whom and at this point going forward do you need to see something from, I guess, Jim's Council outlining the most recent proposal? Meridian City Council Special Meeting February 1, 2008 Page 5 of 10 Nary: Madame Mayor and Members of the Council, Councilman Borton yes think probably what is being proposed, if that is a doable one then probably with Mr. Jewett and his counsel we would need to incorporate that language. Obviously we have a couple of different issues on the table. This new agreement as a result of a mediation discussion that we have had -that might be the resolution of this, but I think we would need the specific language. Once we can determine that it is a viable option for the city, if that is something that we want to present to you then I just think we need to make sure that we are clear as to who is paying for what and what the costs are and that language. But, if we can have it - if our next discussion date is the 19th, certainly between Mr. Bird and myself we can certainly have an agreement for review by you prior to the Council date usually is the prior Thursday or Friday. So we can certainly have in time. I am sure Mr. Jewett's attorney can draft that quickly and we can review quickly and we can get that done. That should be adequate time. Barry: Madame Mayor. De Weerd: Mr. Barry. Barry: Madame Mayor and Members of the Council the Public Works Department may possibly bring back two agreements under different scenarios, the one that we have currently and then also the one if we can reach an agreement on conceptual language it approaches so the Council may evaluate both. Would that be acceptable? Borton: Madame Mayor. De Weerd: Mr. Borton. Borton: My only concern is I don't want to see an agreement that we like and it sounds great and we discuss internally and it is fine -the other side, Mr. Jewett and his counsel hasn't seen and agreed to - so I presume a lot of that work will need to be done so that when we see it, we presume that it is agreeable or almost agreeable to both sides. Barry: Yes sir. We would intend to work with Mr. Jewett on roughing out the concepts and putting it into an agreement those concepts and provide that to the Council and then of course the agreement that we have currently will be something that the Council could entertain as well at that time. De Weerd: Mr. Zaremba. Zaremba: Madame Mayor is it possible that there is three scenarios? I believe, there is an original agreement that is already signed. We probably should cross that out and there is the assumption of the agreement that has been made through the mediation process and then there is the new suggestion today, which Meridian City Council Special Meetirig February 1, 2008 Page 6 of 10 is intriguing; but all sides .need to know what the cost of reimbursements and who is going to end up paying what under any one of those scenarios, I think would help us move forward.. Barry: Yes, sir. We will commit to doing that and bring you back the information analysis. De Weerd: Okay, Mr. Jewett do you have anything that you want to comment on? Jewett: Jim Jewett, 1560 Carol Street, Meridian. I don't agree with the cost of the upgrades. I feel like the well has been completely approved by all of the jurisdictions. But, I am constantly searching .for ways to resolve this and get it over with. So I would look forward to the opportunity in working with Public Works on the suggestion I made today. I certainly don't want to wait until the 19th, I think this has gone on long enough. The wear and tear on me on this is tremendous and if that is the soonest that the Council can meet on it, I don't want to bring back three suggestions, I want to bring back one that everybody agrees to and just get it over with. I don't know which way to go, but I am not agreeable to this $194,000 proposal. I clearly believe that I have documentation that shows that my well is completely approved.. The test that the city is waiting for, I have all of those tests. I provided them to the city already. They are a year old, but if they want to wait for the new test, I am okay with that, but I have all the tests and all my tests have completely cleared.. DEQ has completely approved of the well and meets all municipal standards, meets the fire flow requirements that were given to me. So, whatever the city wants to do. Let's just get it over with. De Weerd: And I appreciate that. We will not have all four Council Members sitting until the 19th and that is the delay. We don't even have a meeting next week because we don't have a quorum. It is the soonest we can and it gives everyone an opportunity to come to an agreement. I think that for the Council to make a determination they need to have those three scenarios, Jim, so that they can explain to our citizens why they are making the decision they are making. Jewett: Understood. De Weerd: Anything else, Council, staff? Barry: No, ma'am. Bird: Okay, we put these on hold until the 19tn~ Barry: Yes. Zaremba: Do we need a motion to calendar items four and five? Meridian City Council Special Meeting February 1, 2008 Page7of10 Silva: Mayor and Members of the Council, I just want to give you a little bit of background and the issue of the fire flow and basically I want to relay back to the original conditions that were placed upon the plat when it originally came forward from Ada County and basically saying what the requirements would be for the GPM, given the size of homes and homes over a certain level if they didn't have that GPM would be required to be fire sprinklered. We could not verify the fire flow would be available until such a time that the well and a casing had been completed and we could do a visualize or witness an actual fire flow. So, I wanted to clarify the record with respect to that and stand with any questions pertaining to fire flow. De Weerd: Thank you Joe. Any questions Council? Bird: I have none. Zaremba: Madame Mayor I would move that we carry over or table whatever the proper word is the amendment to Bittercreek agreement and the cooperative construction and reimbursement agreement to our regularly scheduled meeting of February 19tH Borton: Second. De Weerd,: Okay, I have a motion and a second. Any discussion? All those in favor say aye. ALL AYES. MOTION CARRIED. Item 6. Item 6. Executive Session per Idaho State Code 67- 2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office, (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency & (~ - (to consider and advise its legal representatives in pending litigation): Bird.: Madame Mayor. De Weerd.: Mr. Bird.. Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1)(a)(c) and (f). Zaremba: Second.. De Weerd: Thank you. Mr. Berg will you please call ro11. Meridian City Council Special Meeting February 1, 2008 Page 8 of 1D Roll Call Vote: Bird., aye; Zaremba, aye; Borton, aye; Rountree is absent. THREE AYES. ONE ABSENT. MOTION CARRIED. EXECUTIVE SESSION: De Weerd:. I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second.. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: For the record please note that Charlie Rountree is with us via telephone. Item 7. Action Items /Appointments: De Weerd: Council before you today I have two appointments I would like to seek your confirmation on. The first one is to fill our Chief of Police position. We completed our interview process last week with two candidates. We had five interview groups and I said after looking at 35 candidates and two final candidates we have found that we have an internal candidate that is better than the ones that we considered and we filled it internally and have found a match and, therefore, I am bringing for your consideration and approval the appointment of Jeff Lavey for our Chief of Police. Bird.: Madame Mayor. De Weerd: Mr. Bird. Bird: I move that we appoint Mr. Jeff Lavey as Chief of Police of the Meridian Police Department. Zaremba: Second.. De Weerd.: Okay, I have a motion and a second and before I ask if the appointment would be accepted, I will ask for the vote first. I will do roll call. Roll Call Vote: Rountree, aye; Bird., aye; Borton, aye; Zaremba, aye. ALL AYES. MOTION CARRIED. Meridian City Council Special Meeting February 1, 2008 Page 9 of 10 De Weerd: Chief Lavey, any comments? Lavey: I was going to comment earlier but I didn't want to go on the record when I saw that my peers had put a name tag already on the table here and I noticed that it has been missing now and I noticed that everybody else has deserted me, so I don't know if that is good news or bad news. I would just say that the last five months have been challenging, yet, a welcomed opportunity for me. I am kind of humbled by the confidence that the Mayor has shown in my abilities and to the Council itself and I just really look forward to continuing to lead the Police Department and to be an intricate part of the leadership team and to serve the citizens of Meridian. I don't know what else to say except thank you. De Weerd: Thank you. For the second item, I would appreciate your confirmation. We have completed the interviews last week on filling the position of City Clerk and the two teams that did the interview process forwarded the name of Jaycee Holman. I completed an interview with Jaycee early this week and it is her name that I bring forward for confirmation as Mr. Berg has accepted the position for the Community Liaison. I believe that procedurally, Mr. Nary, if you can tell me if Council is to approve this recommendation and what we need to do on that? Nary: Madame Mayor and Members of the Council you can confirm this appointment effective a date in the future because obviously there is some transition time for documents and the like and some training with Mr. Berg, so you can confirm this appointment for her to be effective as City Clerk for whatever date you choose. De Weerd: Well, Council, I believe that Robert did meet with Stacy and Will today and we wanted to be able to transition, still give Jaycee time to do what she needs to do in her current position, so I would recommend it to be effective February 15, 2008, to allow fora 30/70 percent transition period. So the authority would transfer on the 15tH, but they could start cross training on Monday. Any questions Council? Borton: I do not have a question, but I do have a motion to approve the appointment of Jaycee Holman as City Clerk with the effective date of February 15tH Zaremba: Second. De Weerd: I have a motion and a second. Discussion? Mr. Berg will you call roll? Roll Call Vote: Gorton, aye; Zaremba, aye; Bird, aye; Rountree, aye. ALL AYES. MOTION CARRfED. Meridian City Council Special Meeting February 1, 2008 Page 10 of 10 De Weerd: Thank you Council. That is all I have on my agenda. Did we lose Jaycee? I guess we waited long enough, huh? Well, we apologize that she didn't have an opportunity to say anything., but I appreciate your support and would ask if there is no further business for a motion to adjourn. Borton: So moved. Bird.: Second. De Weerd: All those in favor say aye. ALL AYES.. MOTION CARRIED. MEETING ADJOURNED AT 2:22 P.M. (TAPE ON FfLE OF THESE PROCEEDINGS) APPROVED: Dai a~ ~ o~ TAMMY D ERD, MAYOR DATE APPROVED ~,~ o \~G TFO % ATTESTED: ,~~~~ JAYCEE L ,CITY C~ER ~ ,~~'~ %9~~ ~T1ST• ., \~~~ '~ Q. ~~~'~~ C~ld~ll'Y ~ ~~`~~~ ~~~~~~~iriiiti~~~~~~~~