HomeMy WebLinkAbout2008 02-26 PreMeridian City Pre-Council Meeting February 26, 2008
The Meridian City Council meeting was called to order at 5:30 P.M. on Tuesday,
February 26, 2008 by President Charlie Rountree.
Members Present: Keith Bird, David Zaremba, Mayor Tammy de Weerd and
Charlie Rountree.
Members Absent: Joe Borton.
Staff Present: Bill Nary, Jaycee Holman, Jeff Lavey, Ron Anderson, Steve
Siddoway.
Item 1. Roll-call Attendance:
Roll call.
X David Zaremba O Joe Borton
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
Item 2. Adoption of the Agenda:
Rountree: The next item is the adoption of the agenda. There has been a
suggestion to move Item 4 to Item 3. A motion to that effect.
Bird: Go ahead David.
Zaremba: If I heard that last thing we are rearranging 3 and 4?
Rountree: Yes.
Zaremba: Okay I move that we adopt the agenda with Items 3 and 4 being
exchanged for each other.
Bird: Second...
Rountree: It's been moved and seconded to adopt the agenda with Item 4 being
moved above Item 3. All those in favor. Opposed same sign.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 4. Update /Discussion on Covered Load Ordinance:
Rountree: Item 4 discussion of the covered load ordinance. Madam Mayor if
you want to lead that.
Meridian City Pre-Council Meeting
February 26, 2008
Page 2 of 7
De Weerd: Sure I will lead it. The Treasure Valley Partnership has been talking
about doing a region wide ordinance to look at covered loads both from a safety
and an air quality perspective. About two months ago, I believe that we gave you
an example that was obtained from Washington State, something similar that we
could do and I sought feedback from Council. I did get positive comments to see
how we could move forward and get those to Treasure Valley Partnership. Our
staff was involved in looking at something that was more applicable to the State
of Idaho and to this area. I believe that Emily was the one that really took the
lead on that, brought her example back to Treasure Valley Partnership last
month and we were asked to then take it to our very respective Council's and
Commissions. So that is the ordinance in front of you today and I will turn this
over to Bill.
Nary: Thank you Madam Mayor, Mr. President Members of the Council. I think
there was apoint -- I think over the last month that we were curious the
legislature appeared to be addressing this same issue on a statewide basis
which ultimately would probably make the most sense if it were to be done.
What we've found is that there was a bill that was drafted. It appears it was
drafted at the legislative services office maybe at the direction of a legislature but
it doesn't appear to be on the radar. Ms. Kane had been looking for this for this
specific purpose for this discussion and it doesn't appear that it's on the radar
anywhere at the legislative level and it's a little late to be introducing this type of
legislation at this point so we don't anticipate anything of this nature coming in
front of the legislature this year. Ms. Kane had drafted a proposed ordinance and
had circulated that among the other attorneys from the other cities that are part of
Treasure Valley Partners. I don't know today if -where that is in their stages of
discussion. If you would like us to bring a -instead of just a draft that's in front of
you but an actual ordinance in front of say your next workshop if there is room.
don't think it would be a lengthy discussion but to actually just see the ordinance
in front of you if you would like us to do that we could certainly prepare that for
your March 11th meeting.
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: Bill I think that would be fantastic to bring it forward. I believe we have to
do it on at least a regional. We can't do it by city by city it has to be a
standardized deal. You would hope that -and maybe if we'll do it down here in
this region they will adopt it by the state but you have got to have the same
procedure. Don't get me wrong this is something that really needs to be done
but it needs to be done practical and it needs to be done throughout this region at
the minimum in my opinion.
De Weerd: Mr. Chairman.
Meridian City Pre-Council Meeting
February 26, 2008
Page 3 of 7
Rountree: Madam Mayor.
De Weerd: I guess that was the intention of each city and county to bring it back
to the respective bodies. At last months meeting it seemed from first flush kind of
like I gave to you all that everyone was on board and willing to push forward on
adopting each individually the same ordinance. There will be a discussion at the
Treasure Valley Partnership tomorrow to see how we proceed.. They did want to
bring the BCA in next month to talk with the Treasure Valley Partnership on the
intent behind this, answer any questions and that sort of thing. So do the due
diligence to those that it would affect. This is kind of the intention as quite similar
behind adopting something on the pseudoephedrine ordinance that we did in
advance of the state as well. The state sees that there is a need and they just
haven't been -they just haven't pushed the legislation needed forward. Again,
we're looking as a region. This is something that has been in front of probably
any of our municipalities and counties at any particular time certainly fatalities
have happened because of what has fallen out of the backside of a truck and we
can't just continue to wait for the state to address it. We did have ACHD also
participate in the discussion last month and they have been trying to do
something similar under their purview as the Highway District but they don't have
enforcement mechanisms so they would like to be a part of this as well.
Bird: Mr. President.
Rountree: Mr. Bird.
Bird: Mayor and I agree wholeheartedly but the biggest association I would
involve too is the AGC.
De Weerd: Oh and the AGC was interested.
Bird: Because they handle the larger contracts that roads and stuff like that. The
more people or association we can get into it there's going to be some fighting
but you hit it right on the head it's nothing but a life safety issue. I can show you
a nice chip in my windshield from yesterday going down the freeway from a rock
bouncing off of a truck.
De Weerd: I didn't plan that.
Bird: I know. Anyway, I would make sure that the AGC and these other people
are involved too. I think it's a great idea let's get it going before summer gets
here.
Zaremba: Mr. President.
Rountree: Mr. Zaremba.
Meridian City Pre-Council Meeting
February 26, 2008
Page 4 of 7
Zaremba: I think it's an excellent idea. I don't know whether it would be of any
value to ask the air quality board for their backing on it as well. The name
sounds like the air quality board has a lot of responsibility. Their sole purpose is
to do automobile emissions testing but they do often express their opinions on
other subjects that relate to air quality since the name sounds bigger than the
job. I don't know if there would be any value to ask the air quality board if they
want to get on board and say at a boy or not.
De Weerd: Mr. President.
Rountree: Madam Mayor.
De Weerd: I guess as a member of the Treasure Valley Air Quality Council they
are aware of this and certainly fully support it. It never hurts to get as many
endorsements as possible that I guess you as the decision makers would - we
could kick off - kick I meant -check off a number of stakeholders not kick them
off but certainly the decisions lie with the cities and the two counties and it
sounds like everyone is moving forward with a unified front wanting to do the due
diligence to make sure that the stakeholders know what the intent and the reason
behind it or give them a purview instead of having to go to each individual City
Council Meeting to voice their concerns. Give them one place to really have that
dialogue.. Also just another point since you brought up Air Quality Council the
Treasure Valley Air Quality Council is working with our staff Emily and I believe
the Planning Department to look at vapor recovery and how we can promote
those kinds of improvements on any new developments that are coming forward
so that when the negotiator rule making on vapor recovery takes effect we don't
have to go back and retrofit even more than is necessary. If we stop requiring
those improvements to be done with any of the gas stations that are approved
from this point forward we can save the tax payers or whoever ends up paying it
a considerable amount of money. So we are looking at how we can be proactive
before we have to be doing it how we can be enforcing that expectation now and
we'll bring that to the workshop as well.
Rountree: I have a few comments on this. A little history I think it was five years
ago covered loads legislation four or five years ago actually got into committee,
was debated and was resignedly defeated for a number of reasons most of which
were special interests concerns. I think it's a good idea. I have some concerns
about this particular wording. I would say Item paragraph 3 I think we need to
define what covered is and the last sentence says covered load -covering of
such load is not required if six inches of freeboard is maintained within the bed.
If in fact this ordinance is the achieve air quality the load needs to be covered
whether it has freeboard or not. It's particulate matter that's an air quality issue.
It's the fine matter that comes off that gets ground up by the tires on the roadway
that becomes the air quality problem. So if we're going to cover loads lets cover
loads. You can see covered loads today going down the highway in the name of
ACRD trucks and they are all covered but when they are hauling fine material
Meridian City Pre-Council Meeting
February 26, 2008
Page 5 of 7
you can see that mist of fine material coming out from underneath the covers
they have all adding to the pollutant or the particulate pollutant burden we have.
The solution to that is probably not inexpensive and retrofitting might be more
difficult. I will give ACRD credit that their whole fleet has a cover on every one of
their rigs. That's one issue. The other issue is it would be paragraph 4b in that
the tracking of material off construction site is actually covered under wastewater
pollution discharge and that kind of permitting process. These vehicles on
construction sites in an area our size I believe are to be washed and that material
is to be removed before they enter the roadway. Our biggest problem I believe is
that area that is exempt and that being the agricultural folks that during beet
season and anything, corn harvest and all of that you're driving on a dirt surface
on many roads in our county. I don't know how you approach that other than
watch the agricultural transition out or somehow work with the agricultural
community to say lets figure out a way to get those trucks from tracking all that
mud back on the roadways again ultimately is an air quality problem. And will be
a sticking point on this if there's not anything in here and I think there was but
can't remember for sure an exemption for agricultural.
De Weerd: There is.
Rountree: There is. Yes that's what I thought. So anyway those are my
comments on it. I think it's something we all need to do together and I agree we
have to have one unified ordinance or there's no way anybody can enforce this
thing.
Bird: Mr. President.
Rountree: Mr. Bird.
Bird.: I agree wholeheartedly and I don't know what we would do on the beet
trucks or the any of the field trucks coming out it's going to be - I believe this
construction site Boise passed it at one time you had to have your trucks clean
coming out. I don't think Meridian did and I don't think Nampa did. That's why
we have to do this in a regional thing and make - and I think you have to put
some bit into it. Don't get me wrong we're going to have a truly, truly battle. The
legislature found that like Charlie said and I believe they went back when I -I've
been retired for five years and I know they went back even when I was there I
remember going to AGC meetings when they were trying to run some of that stuff
through before that probably in the 90's. I feel that we just can't back down on it.
It's got to the point where there's so many more trucks on the road than there
used to be and stuff that -and it's becoming a life safety issue in my book plus
air quality.
De Weerd: Mr. President.
Rountree: Madam Mayor.
Meridian City Pre-Council Meeting
February 26, 2008
Page 6 of 7
De Weerd: I appreciate your comments and the supportive comments. I would
state that it has been suggested that they do see that there is a responsibility.
There are some concerns that they also have said if one city passes it we all
might as well because they're not going to be covering and uncovering from one
jurisdiction to the next so again, the unified front will go along way to realizing
that responsibility to do the right thing. I appreciate that again the support but
also it is a regional thing and I believe that there is intent to look at this on a
regional basis and move forward all together.
Rountree: If there is no other discussion on Item 4 -
De Weerd: We'll bring it back.
Rountree: You have information Mayor to continue on the meeting what
tomorrow as you were told.
De Weerd: Yes.
Item 3. Executive Session per Idaho State Code 67-2345(1)(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):
Rountree: Our next item on the agenda is an Executive Session.
Bird: Mr. President.
Rountree: Mr. Bird..
Bird: I move that we go into Executive Session as per Idaho State Code 67-
2345(1)(c)&(f).
Zaremba: Second.
Rountree: Moved and seconded to go into Executive Session. Roll call vote.
Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIED: ALL AYES
EXECUTIVE SESSION
Rountree: Motion to come out of Executive Session. All those in favor.
Opposed. Same sign okay we're out of Executive Session.
Meridian City Pre-Council Meeting
February 26, 2008
Page 7 of 7
MOTION CARRIED: THREE AYES, ONE ABSENT
Rountree: I need a motion to adjourn.
Zaremba: Mr. President I move that we adjourn the Pre-Council Meeting.
Bird: Second.
Rountree: Been moved and seconded to adjourn all those in favor. Opposed
same sign. We're adjourned.
MOTION CARRIED: THREE AYES, ONE ABSENT
MEETING ADJOURNED AT 7:00 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
TAMMY DE RD, MAYOR DATE APPROVED
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