HomeMy WebLinkAbout2011-07-05E IL~iA~l~3--
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CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, July 05, 2011 at 7:00 PM 7:07 PM
1. Roll-Call Attendance
X David Zaremba X Brad Hoaglun
X_ Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance (Pg. 1)
3. Community Invocation by No One Present to Perform This
4. Adoption of the Agenda Adopted (Pg. 1-2)
5. Consent Agenda Approved (Pg. 2)
A. .Approve Minutes of June 21, 2011 City Council Pre-Council
Meeting
B. Approve Minutes of June 21, 2011 City Council Regular
Meeting
C. Approve Minutes of June 28, 2011 City Council Meeting
D. Agreement with ZGA Architects and Planners for Investigation
and Construction Document Services for the Remediation of
the Meridian City Hall
6. Items Moved From Consent Agenda None (Pg. 2)
7. Action Items
A. Continued from June 28, 2011: Public Comment: Ordinance
No. 11-1485: An Ordinance of the City of Meridian, Enacting a
New Section, Title 8, Chapter 6, Section 2, Relating to
Performance and Warranty Surety for Public Infrastructure
(First Reading) Second Reading on July 12, 201'1 (Pg. 3)
Meridian City Council Meeting Agenda -Tuesday, July 05, 2011 Page 1 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
B. Amended onto the Agenda: Resolution No. 11-795: A
Resolution Rescinding Council Action Approving the
Bittercreek Meadows Nullification Agreement; and Approving
a Revised Bittercreek Meadows Nullification Agreement; and
Authorizing the Mayor and City Clerk to Execute and Attest
Said Agreement on Behalf of the City of Meridian; and
Authorizing the Mayor to Execute Certain Deeds and Direct
Staff Actions to Carry Out the Requirements of Said
Agreement; and Providing an Effective Date.
Approved with a note that the funds will be released as part of
normal City business and in accordance with City Finance
policy. (Pg. 3-4)
8. Department Reports
A. City Council: Budget Amendment for the Solid Waste
Advisory Commission in the Not-to-Exceed Amount of
$10,000.00 Approved (Pg. 4-6)
B. Human Resources Department: Elected Officials
Compensation Committee Motion was made and approved to
accept the Committee's recommendation with the note to
increase the size of the Committee to include a local developer
and member of the Chamber of Commerce (Pg. 6-10)
9. Future Meeting Topics (Pg. 10-11)
Adjourned at 7:31 PM
Meridian City Council Meeting Agenda -Tuesday, July 05, 2011 Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian Citv Council Meeting Julv 5 2011
A meeting of the Meridian City Council was called to order at 7:07 p.m., Tuesday, July
5, 2011, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird
and Charlie Rountree.
Others Present: Bill Nary, Jacy Jones, Jeff Lavey, Mark Niemeyer, Warren Stewart,
Bruce Freckleton, Luke Cavener and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Okay. We are done with our special meeting. Thank you for waiting for us
to start our regular meeting. For the record it is Tuesday, July 5th. It's 7:07. We will
start tonight's meeting with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in our
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by
De Weerd: Okay. We have no one here to lead us in our community invocation.
Item 4: Adoption of the Agenda
De Weerd: So we will move to Item No. 4, adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: On the agenda tonight we do want to add in under Action Items, Item 7, a 7-
B, which is Resolution No. 11-795. And with that addition, Madam Mayor, I move
adoption of the agenda as amended.
Bird: Second.
Meridian City Council
July 5, 2011
Page 2 of 11
De Weerd: I have a motion and second to adopt the agenda as amended. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approve Minutes of June 21, 2011 City Council Pre-Council
Meeting
B. Approve Minutes of June 21, 2011 City Council Regular
Meeting
C. Approve Minutes of June 28, 2011 City Council Meeting
D. Agreement with ZGA Architects and Planners for Investigation
and Construction Document Services for the Remediation of
the Meridian City Hall
De Weerd: Item 5, Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the Consent Agenda and the Mayor be authorized to sign
and the Clerk to attest.
Bird: Second.
De Weerd: I -have a motion and a second to approve the Consent Agenda. If there is
no discussion by Council, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 7: Action Items
Meridian City Council
July 5, 2011
Page 3 of 11
A. Continued from June 28, 2011: Public Comment: Ordinance
No. 11-1485: An Ordinance of the City of Meridian, Enacting a
New Section, Title 8, Chapter 6, Section 2, Relating to
Performance and Warranty Surety for Public Infrastructure
(First Reading)
De Weerd: So, we will move to Item 7-A, which is a continued public comment on
Ordinance 11-1485. Madam Clerk, will you, please, read this ordinance for its first
reading.
Jones: Thank you, Madam Mayor. An ordinance of the City of Meridian enacting a new
section, Title 8, Chapter 6, Section 2, relating to performance and warranty surety for
public infrastructure and providing an effective date.
De Weerd: Okay. That was the first reading of Ordinance No. 11-1485. We will have it
for the second reading at our next agenda.
B. Amended onto the Agenda: Resolution No. 11-795: A
Resolution Rescinding Council Action Approving the
Bittercreek Meadows Nullification Agreement; and Approving
a Revised Bittercreek Meadows Nullification Agreement; and
Authorizing the Mayor and City Clerk to Execute and Attest
Said Agreement on Behalf of the City of Meridian; and
Authorizing the Mayor to Execute Certain Deeds and Direct
Staff Actions to Carry Out the Requirements of Said
Agreement; and Providing an Effective Date.
Approved with a note that the funds will be released as part of
normal City business and in accordance with City Finance
policy.
De Weerd: As amended on our agenda we do have an Item 7-B, which is Resolution
11-795.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: This resolution that we added is one that rescinds a prior Council action
approving the Bittercreek Meadows nullification agreement and approves a revised
Bittercreek Meadows nullification agreement and authorizes the Mayor and City Clerk to
execute, so on and so forth, and also -- so, with that, Madam Mayor, let me move
approval of Resolution No. 11-795 and with the understanding that the funds would be
released under the normal course of city business and finance policy.
Rountree: Second
Meridian City Council
July 5, 2011
Page 4 of 11
De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk, will
you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Department Reports
A. City Council: Budget Amendment for the Solid Waste
Advisory Commission in the Not-to-Exceed amount of
$10,000.00.
De Weerd: Item 8-A is a budget amendment for the Solid Waste Advisory Commission,
SWAC, in the not to exceed amount of 10,000 dollars. Mr. Nary, did you want to say
anything on this budget amendment?
Nary: Certainly, Madam Mayor, Members of the Council. This is a --this is a very good
news budget amendment and I can turn it over to Councilman Rountree, because he's
an ex-officio of the commission, but just for some background, as you know for a period
of time in our recycling program we were not collecting any revenue, we were actually
paying for the privilege of recycling and also the funds were also being used to do the
hazardous material recycling that we do. Or, excuse me, disposal. Well, now the
commodities market has changed and last month SSC, the city's provider, was able to
acquire approximately 10,000 dollars in revenue from recycling. So, this is really
spending authority for the commission and I think if -- if what I understand from the
member in my office that's on the commission, what the commission is planning on
doing is creating a -- essentially a template of requirements, side boards for these
funds. In the past, of course, we used them for public projects for different things that
were recycling related and I think that's still the intent of the commission and, then, at
that point I think it's up to Council Member Rountree and this Council as to do you want
all the projects to come in front of you for review as it's a recommendation from Solid --
from the SWAC, do you want the SWAC to have some authority to approve those with
Council Member Rountree's sign off on those projects without seeing every one of
them? I think it's kind of up to you and I don't know if timing wise you need to make that
-- that particular decision tonight. This is just spending authority of the funds that have
already been provided by SSC, but if that's kind of the direction that you'd like them to
have that discussion and bring it back to you, I think that's probably appropriate to do
that tonight. If I'm misstating any of that Council Member Rountree, please, correct me.
De Weerd: Thank you, Mr. Nary. Mr. Rountree.
Rountree: Madam Mayor, the advisory commission has this problem that we all wish
we had and that's unforeseen money coming to them finally from the commodities of
Meridian City Council
July 5, 2011
Page 5 of 11
recycle. It looks like it's going to be somewhere around 10,000 a month, as long as the
commodity prices stay. That's above and beyond SSC's cost and -- and they are, in
effect, remitting that back to the city for a solid waste program. The committee is
actually -- the commission is actually looking at reinstating the grants program that they
had previously, but with some much stronger oversight. They are looking at doing some
educational programs. The first one I think they want to pursue are cloth shopping bags
with recycling emphasis. They are very strong on establishing a fund of a set
percentage of these monies they received to start -- or get to a point where they can do
a composting pilot project with -- with our Public Work folks. They are very engaged in
wanting to do this. This is -- this is the first increment that's been received by the city
and I believe probably the first thing they are going to be looking at is an educational
piece. They also want to continue on with the environmental awards and probably be
looking at using some of that money for environmental awards towards the end of the
year. So, anyway, that's -- that's their intent. They are up and running and they are --
they have some very interesting dialogue and they don't -- they are not short for things
to talk about.
De Weerd: Thank you, Mr. Rountree. Any questions from Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would just add the comment that since they are now an official commission
of the city, I mean they used to be just a committee. Since they are now an official
commission I have no problem giving them more authority than they had before and
under Councilman Rountree's guidance I welcome them making the small and medium
decisions. If they want to pass a big decision along to us, that's fine.
De Weerd: The differential on small and medium.
Zaremba: I would even leave that up to Councilman Rountree.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have no problem with them making the decision period, regardless of the
amount. They are the ones that take it in and look at it and they can run it by us, but if
they do run it by us I hope they have a recommendation. That would be my biggest
concern is -- I don't mind them being run by us, but, you know, bring a recommendation.
But I like what Councilman Rountree said, I hope they screw down the -- who gets it and
who don't.
Rountree: Very much the intent and as far as where they spend the money, I've -- I've
reinforced that they need -- if they are uncertain to have strong recommendations on
Meridian City Council
July 5, 2011
Page 6 of 11
projects, if, in fact, they do come before the Council and their chairperson is more than
willing to be here and talk to us at any point in time, so --
Bird: You bet. Yeah.
De Weerd: I think to just be consistent with our other citizen commissions to bring the
recommendation to Council for -- for your final approval. That's how I would feel most
comfortable.
Rountree: I think that's probably the appropriate way.
De Weerd: Okay. Okay. Well, do I have a motion to approve this budget amendment?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the budget amendment for the Solid Waste Advisory
Commission in an amount not to exceed 10,000 dollars.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Human Resources Department: Elected Officials
Compensation Committee.
De Weerd: Item 8-B is under our HR department. I'll turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. It's our biannual time of
reporting on the elected officials' compensation committee in our city ordinance. There
is a report attached and I neglected, I apologize, to list the Idaho Code section that
governs elected officials compensation. That's Idaho Code 50-203. Anyway, as you
recall in our city code we -- each election cycle year we form a committee of citizens,
including myself, and on this election cycle we had Joe Borton, a former Council
member, Dr. Tom Hammond, the current historic preservation commission chair, Clint
Shiflet, the current Chamber of Commerce board chairman. Chris Klein also a local
businessman, and, then, Tom Sauer, another local citizen, who is also a member of our
Solid Waste Advisory Commission, meet to discuss how compensation is done for the
Meddian City Council
July 5, 2011
Page 7 of 11
elected officials, the Mayor, and the Council in our city. They had three different
meetings and discussed wide ranging ways of doing this and what they did is they
reviewed both the past on how we have come to the different levels of compensation for
both Mayor and Council and, then, we also were fortunate this year, the Association of
Idaho Cities had commissioned a survey statewide on what their compensation they
provide for their elected officials in various cities. It wasn't a hundred percent
responsive, but there was a fairly significant number of responses, so they felt
comfortable that it was at least reflective of the elected official world, because, again, it's
hard sometimes compared to the normal business world, it's just two different types of
operations. So, they looked at that. They looked at the last three cycles we have had
of elections where we had committees such as this and how we have been able to
come up with compensation things. They looked at all the city work groups, police, fire,
and general employees, who have their varying compensation and pay increases and
work -- and pay adjustments are done. So, they evaluated that and, basically, came up
with a recommendation that's provided to you and I'll summarize what's in your report.
Basically, the committee's recommendation is that there be no change in the base
salaries for both the Mayor and the Council members for the next two years. So, for
2012 and 2013. And, again, 2013 under our current ordinance we would form a new
committee again and go through the process. That elected official would continue to
receive the same benefits. So, no change in either salary or benefits for the next two
years. The committee recommends that a permanent committee -- whether it -- and the
current members of the committee were willing to serve -- now whether they want to
serve for two years or two months I don't know, but they were willing to be part of a
transitional committee and the purpose of that committee was to evaluate a variable
compensation program for the Mayor and this is a fairly unique -- I couldn't find any
other cities in Idaho that do this. But one of the things the committee said -- and we had
-- one of the members of the committee Chris Klein has been on every group and has
wrestled with how do we do this fairly, because they have recognized that our Mayor --
not just because she is sitting here, but our Mayor does go above and beyond in the
group's opinion and that it's not required in the Idaho Code. It's very unclear in the
Idaho Code what mayors are required to do, if anything, and they recognize that our
Mayor does more than probably a lot of other mayors do. So, wanting to find some way
to recognize that, they didn't feel it was fair to simply just change the base salary,
because that may or may not be appropriate, it's sometimes uncomfortable to do, it's
not really reflective of anything specific and it's just an ongoing additional cost and you
may have a different mayor at some point in time who may not expend the same level of
effort and, then, rewarding them for what somebody else actually did is really what they
were trying to address. So, the committee said what they would recommend to the
Council is to form a committee that -- that committee would, then, establish benchmarks
for annual performance and the intent of that committee would be to meet with the
Mayor to discuss what the Mayor would like to accomplish in the coming year and what
the committee thinks the citizenry would like to accomplish and, hopefully, come to a
meeting of the minds between the citizen group and the Mayor as to what those
benchmarks for the next evaluation year would be. Similar, we had a discussion about
our city employees and how we do things and that's a process that we follow internally
for our merit system for general employees and so they thought that was an interesting
Meridian City Council
July 5, 2011
Page 8 of 11
way to both get a citizen perspective on what the Mayor should be doing and the
Mayor's perspective on what the Mayor thinks the Mayor should be doing and trying to
come up with some way to figure out what those benchmarks would be. Then, they
would, then, meet -- so they would meet at the end of one fiscal year and, then, go into
the next year and, then, come back again with the Mayor sometime before the end of
the year to see how they do. Did they meet those? Did they not meet those? And,
then, recommend to this Council, who have the ultimate decision authority, on whether
or not the Mayor would be entitled to the -- and the term that the committee came up
with was an additional variable compensation and they couldn't add it to the base,
because the state statute is very specific about what you pay as a base to the Mayor,
but they certainly could provide it as a one time compensation annually and, again, this
committee would have to come up with, again, benchmarks for the Council to be
comfortable with and, secondarily, what would that look like? Would that be a
percentage? Would that be a fixed amount? Would that be based on some other factor
or something else. That wasn't all defined and that was -- and it doesn't have to be
defined at this moment if you're comfortable with that, because it wouldn't impact your
FY-12 budget, because the Mayor cycles -- and like all of you your pay cycles are
based on a calendar year, not a fiscal year. So, if you decided that that sounded
intriguing we could explore that further with, again, that committee or other additional
people if you think that would be appropriate, come up with a recommendation to all of
you, if you think that's something to continue worth exploring, you wouldn't need to fund
it until FY-13, because the Mayor wouldn't receive it until January of 2013. So, they
wouldn't -- it wouldn't impact your next budget, but it would be something we could
explore if we never could get satisfactory benchmarks for you, then -- then we just
wouldn't do it, if we felt that that was something that you could come up with, something
that the Council would feel comfortable with, they could work with the Mayor in coming
up with those annual benchmarks, it's just another way Ithink -- and I guess a very
innovative way from Meridian trying to address what our citizens of this committee felt
were extraordinary effort and not a lot of tools in the Idaho Code to recognize that and
this is a tool they felt both complied with the code, as well as provided some incentive
for extra effort. They recognize we are not always going to have the luxury of having a
Mayor that just does the extra effort, because that's what they do and they felt this is a
good way to have that connection a little bit better. And I think I said ultimately the final
say would be the Council, so --
De Weerd: Thank you, Mr. Nary. Questions from Council?
Rountree: Madam Mayor, I have no question, but that certainly is an approach that
addresses the concern I've had every year when we talk about this with respect to, you
know, comings and goings of the personalities of the elected officials and that if you
compensate one because they are extremely effective and efficient and go above and
beyond that, then, becomes a base and your next elected official is -- meets the intent
of the law, but is not necessarily a ball of fire, why are you compensating them at a level
that probably is more than necessary. So, I think it's a great idea to explore and could
very well address that concern that I have had in the past about changing the base. So,
I for one would support that.
Meridian City Council
July 5, 2011
Page 9 of 11
De Weerd: Any other --
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba?
Zaremba: I would agree with that. I think not only is our current Mayor deserving of
bonuses, but I think that's a way to address not making it a permanent raise in case
there is ever a different Mayor, but it -- as the program works out it would give the
Council an opportunity annually to reward an excellent mayor and not penalize, but not
reward somebody who is not doing such a good job. I guess my only hesitation is one
elected official passing judgment on another elected official, but it does address -- and
we have all talked about we think our current Mayor should be paid more. This is a way
to do it without etching it in stone and I would support having the committee get together
and make something of it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I agree with it. But I do have one suggestion. I'd like to see a developer or builder
on this committee, somebody that actually brings jobs to town and stuff, that works --
works, you know, with the city quite handily.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: My comments on that -- I'm willing for the committee to take a look at this and
see what they can come up with for the benchmarks. That's going to be an interesting
process and to see what possibly could be established. Compensation is always a
tricky thing and certainly it's not because you're not deserving, but we want to make
something that's workable that we can -- as a Council you see have they achieved,
have they not achieved or were they reasonable. So, it's going to be some work for this
committee. So, we will see if they can come up with something that -- that passes the
test.
De Weerd: Well, Council, you know, I'm not sure about the -- the merit piece of it,-but
certainly I'm interested in those benchmarks from the citizens' perspective on
performance of their elected officials. As Mayor I would certainly welcome that and
would look for what their recommendation would be coming back as far as those --
those measurables.
Nary: Madam Mayor?
Meridian City Council
July 5, 2011
Page 10 of 11
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Excuse me, Bill. But to keep us on the timeline you have established in the
benchmark for this evening, I would move that we accept the recommendation of the
compensation committee and direct them to move forward by increasing the size of their
committee to include at a minimum an additional citizen and a business person in the
development industry and to look at the compensation --
Bird: Second.
Rountree: -- variability that they have addressed in their recommendation.
Bird: I second that.
De Weerd: Okay. I have a motion and second. Any discussion? Mr. Zaremba.
Zaremba: Short discussion. I like the idea of having somebody from the development
community on it. The names you mentioned do include members of the Chamber of
Commerce, but we might want to specify somebody that belongs to the Chamber of
Commerce as well. Just a comment.
Rountree: I would accept that as an amendment to my motion.
De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Future Meeting Topics
De Weerd: Any items under Item 9 for future meeting topic consideration?
Zaremba: No.
Bird: Madam Mayor, I move we adjourn.
Rountree: Second.
De Weerd: I have a motion and a second to adjourn. All those in favor say aye? All
ayes. Motion carried.
Meridian City Council
July 5, 2011
Page 11 of 11
MOTION CARRIED: ALL AYES.
De Weerd: We are adjourned.
MOTION CARRIED: ALL AYES.
De Weerd: We are adjourned.
MEETING ADJOURNED AT 7:31 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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