January 13, 2010 Minutes
Minutes
City of Heyburn Council Meeting
January 13, 2010
7:00 P.M.
Council Present:
Cleo Gallegos, Leann Smith and Dee Ray Bailey. Rocky Baker excused.
Employees Present:
Steve Tuft, Scott Spevak, and Deb Hopkins. Linda Dayley excused.
Visitors Present:
Sylvia Bailey, Stan Zielinski, Dan Bristol, Bill and Joanne Justesen, Zelma Oldham, Garth Shaw, Ralph Williams, Laurie Welch, Margie Owens and Mike Brown.
Meeting conducted by Mayor George A. Anderson.
An agenda may be amended after the start of a meeting upon a motion that states the reason for the amendment and states the good faith reason the agenda item was not included in the original agenda posting.
Mayor Anderson welcomed everyone to the City Council Meeting and led those present in the Pledge of Allegiance. He informed those present that he would welcome a motion to amend the agenda to include discussion and possible purchase of a loader.
Motion by Leann Smith to amend the agenda to include Discussion/Purchase of a loader as Item No. 10. Second by Dee Ray Bailey. Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Old Business
Approve Minutes of the Council Meeting on December 09, 2009.
Motion by Dee Ray Bailey to approve the minutes of the Council Meeting on December 9, 2009. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Approve/ Discuss Paying the Bills Except the Bailey Oil Bill.
City Councilman Dee Ray Bailey made a motion to go into executive session to discuss one of the bills that might include personnel. Second by Cleo Gallegos. Roll Call Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Council Meeting temporarily adjourned and went into Executive Session at 7:05 p.m.
Council Present: Cleo Gallegos, Dee Ray Bailey and Leann Smith.
Employees Present: Scott Spevak, Deb Hopkins and Steve Tuft.
No decisions were made.
Regular council meeting resumed at 7:20 p.m.
Motion by Dee Ray Bailey to approve paying the bills except Bailey Oil Bill. Second by Cleo Gallegos. Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Approve/Discuss the Bailey Oil Bill.
Motion by Cleo Gallegos to approve paying the Bailey Oil Bill. Second by Leann Smith. Roll Call Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Dee Ray Bailey - Abstained.
Discuss/Approve Agreement for Art Ownership and Display with the Heyburn Alumni Association.
An agreement between the City of Heyburn and the Heyburn High School Alumni Association for displaying acquired paintings.
Councilman Dee Ray Bailey asked if the Heyburn Alumni Association were going to insure the paintings. Mayor Anderson stated that he did not believe they were going to insure the paintings stating that they could not be replaced if they were destroyed.
Motion by Cleo Gallegos to approve the Agreement for Art Ownership and Display with the Heyburn Alumni Association. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
It was mentioned that the Heyburn Alumni Association should change the locks on the doors, giving an additional key to the City of Heyburn and one to the Minidoka Fire Protection District. Audience member Zelma Oldham stated the Alumni Association knows that they need to replace the locks and will do so after the agreement has been signed.
Discuss/Approve Ordinance No. 525.
An Ordinance of the City of Heyburn, Minidoka County, Idaho, Annexing Certain Real Property Owned By The Minidoka County Fire Protection District Located In Minidoka County: And, Finding Such To Be Consistent With The City’s Comprehensive Plan And Designating The Zoning For Such Land As CG (Commercial General) And, Providing For Adoption With Only One Reading; And, Providing For Effective Date.
Motion by Dee Ray Bailey to read Ordinance No. 525 by title only. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Attorney Steve Tuft read Ordinance No. 525 by title only.
Motion by Leann Smith to approve Ordinance No. 525 providing for passage with one reading, suspending the rule of three readings. Second by Cleo Gallegos. Roll Call Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Discuss/Approve Plan for Burning at the Sewer Plant and in the City of Heyburn.
City Superintendent, Scott Spevak discussed with the Mayor and Council that DEQ received a citizen complaint about the open burning at the sewer plant. A resident may burn certain solid wastes on their own properties if such practice is permissible by local ordinance. DEQ requests that the City develop a plan for phasing out the open burning of these wastes by the beginning of next summer’s season, June 1, 2010. The city has to respond to DEQ within sixty days with an indication of how the open burning will be eliminated.
Motion by Leann Smith to instruct City Attorney, Mr. Tuft to prepare a letter to the DEQ informing them that we will no longer be burning within the city compounds and we are complying with their rules. Second by Dee Ray Bailey. Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Discuss/Approve Northwest Intergovernmental Energy Supply Payment for Initial Membership Fees, Assessments and NEMS LCA Cost Recovery - Ralph Williams.
Ralph Williams from United Electric stated the City of Heyburn joined the Northwest Energy Supply. There was a one time $2,500 membership fee and for setting up the Northwest Energy Management Services was a fee $1,990 and $2,825.65 for the NEMS LCA Cost Recovery. He stated that to get the organization up and running cost a lot of legal fees and a lot of footwork is being done. He also stated that you have to understand that Bonneville is in a new brave world. None of the utilities have ever had to go out before and seek their own power supply. He stated that a sleeve agreement has been worked out. This is an agreement where utilities can transport that power to Park PUD. Once the power hits their line, they are going to sleeve it onto the Bonneville system. He stated this has been a very difficult process and it is all new ground being broken. He further stated that it involves four attorneys and hours and hours of work. He encouraged anyone from the City of Heyburn to attend the meetings and get involved.
Leann Smith asked if the $7,315.65 was just for 2009. She asked if it would be another $8,000 for the year 2010 and another conceivable $8,000 for the year after that. Mr. Williams confirmed that was correct. He further stated that contracts that are being developed now are the contracts that will be used in the future to buy power. All of the work is being done with Bonneville that will allow you to get the power here.
Leann Smith asked that once we get these three years over and we have paid for all of the work, will those fees go away when we start paying fees for the power. She stated the City of Heyburn will continue to be paying fees forever to this organization. Mr. Williams confirmed that the City would be responsible for its share of running the organization. She asked if they could reasonably expect those fees to go down once they are established. Mr. Williams stated that would be reasonable.
He stated this organization works every day on behalf of the City. Councilman Bailey asked if they were going to be able to get power here at a price less than Tier II power. Mr. Williams responded by saying “who knows.” Mr. Williams stated that it was his belief that they were probably not going to save a lot of money. They may be able to save a little or it may cost a tiny bit more, but what we are going to get out of this in the next 17 years is a pretty good education on the power industry outside of Bonneville Power. Mr. Williams stated he felt that education was worth a tremendous amount and that in the future, utilities are going to become more involved in the purchasing of power.
Leann Smith asked when the City was going to be billed for the 2010 year. Mr. Williams replied that he thought it would be fairly soon.
Mayor Anderson thanked Mr. Williams for his time and expertise. Mr. Williams suggested that the council set up a workday and sit down and brainstorm with all the different kinds of scenarios that may come forward. He stated he would be happy to help with that as well.
Councilwoman Gallegos made a motion to pay the initial membership fees, assessments and NEMS LCA cost recovery in the amount of $7,315.65 - Invoice #9. Second by Leann Smith. Roll Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Dee Ray Bailey - Aye.
Mayor Anderson presented Dee Ray Bailey with a plaque in appreciation of dedicated public service to the City of Heyburn and its residents from January 2000 to January 2010. Mayor Anderson said that Dee Ray would be missed.
New Business
Installation of Council Members.
Deputy City Clerk Deb Hopkins swore in Joanne Justesen and Leann Smith for council members for the next four years. They were presented with Certificates of Election.
Elect Council President.
Mayor Anderson stated the next item of business was to elect a Council President. Council member Cleo Gallegos nominated Leann Smith. Council member Joanne Justesen nominated Rocky Baker. Councilwoman Leann Smith asked Attorney Steve Tuft if she could vote. Mr. Tuft replied that all council members can vote. Cleo Gallegos voted for Leann Smith. Leann Smith voted for herself. Councilwoman Justesen asked for clarification as she was a new member, how did it work as Rocky was not present. City Attorney Steve Tuft told her since Rocky was not present, he did not have a vote. Councilwoman Justesen voted for Rocky Baker.
Leann Smith was elected to be the City Council President.
Discuss/Approve Loader Purchase
City Superintendent Scott Spevak informed the council members that the loader is now in such disrepair that it cannot be fixed and that it needs to be replaced. He stated there was money in the budget if it was split between the Street, Water, and the Sewer departments.
City Attorney Steve Tuft stated he felt that it was a requirement to get quotes for the purchase. City Superintendent Scott Spevak stated he was under the impression that if the equipment was purchased from another municipality that quotes were not required. Steve Tuft stated that he would check on that requirement and report on his findings first thing in the morning.
Leann Smith moved to purchase a replacement loader at a cost not to exceed $48,000 pending legal recommendation from City Attorney Steve Tuft. Second by Cleo Gallegos. Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Joanne Justesen - Aye.
Executive Session for Personnel, Litigation and Matters of Commerce as authorized by Idaho Code Section 67-2345.
Motion by Leann Smith to have an Executive Session for Personnel, Litigation and Matters of Commerce as authorized by Idaho Code Section 67-2345. Second by Cleo Gallegos. Roll Call Vote: Cleo Gallegos - Aye; Leann Smith - Aye; Joanne Justesen - Aye.
Council Meeting adjourned and went into a second Executive Session at 8:07 p.m.
Council Present: Cleo Gallegos, Joanne Justesen and Leann Smith.
Employees Present: Scott Spevak, Deb Hopkins and Steve Tuft.
At 8:30 p.m., Scott Spevak and Deb Hopkins were dismissed from the meeting.
No decisions were made.
Meeting adjourned at 9:30 p.m.
/s/George A. Anderson, Mayor
/s/Deborah F. Hopkins, Deputy City Clerk