September 26, 2007 Council Minutes

           City of Heyburn Council Minutes

September 26, 2007

7:00 P.M.

Council Present:

Cleo Gallegos, Dee Ray Bailey, Rocky Baker and Leann Smith.

Employees Present:

Linda Dayley, Scott Spevak and Steve Tuft.

Visitors Present: Bill and Norma Morrison, Dave and Janice Gibson, Clair Wardle, George Warrell, Rodney and Rose Schmitt, Regina Bolton, Sven Berg, Travis Terry, Jarrale Nay, Zack Terry and John Welker.

Meeting conducted by Mayor George A. Anderson.

Pledge of Allegiance led by Mayor Anderson.

Approve Minutes of the Council Meeting on September 12, 2007.

Motion by Dee Ray Bailey to approve the minutes of the Council Meeting on September 12, 2007 as written. Second by Leann Smith. Vote: Cleo Gallegos - Aye; Dee Ray Bailey - Aye; Rocky Baker - Aye; Leann Smith - Aye.

Approve Paying the Bills.

Motion by Dee Ray Bailey to approve paying the bills. Second by Rocky Baker. Vote: Cleo Gallegos - Aye; Dee Ray Bailey - Aye; Rocky Baker - Aye; Leann Smith - Aye.

Approve Paying the Year End Bills.

Motion by Cleo Gallegos to approve paying the year-end bills. Second by Rocky Baker. Vote: Cleo Gallegos - Aye; Dee Ray Bailey - Aye; Rocky Baker - Aye; Leann Smith - Aye.

Dave Gibson.

Dave Gibson, president of Gibson Truck and Auto Inc. asked the Mayor and Council for an extension of the deadline to finish construction of the new back fence, explaining that all the material has been purchased. Dave asked for an extension date of March 15, 2008.

Cleo Gallegos explained that personally she would like to work with Dave but wished that he had approached the Council before the Council had to go through other steps leading up to the present situation.

Dee Ray Bailey made a motion to extend the agreement until March 15, 2008 with all provisions in place or have the license revoked as described in the agreement.

Rocky Baker explained that other residents in the city are having to answer to similar situations.

Leann Smith seconded the motion. Vote: Cleo Gallegos - Aye; Dee Ray Bailey - Aye; Rocky Baker - Aye; Leann Smith - Aye.

Attorney Steve Tuft will send out an extension to the present agreement. Dave Gibson agreed to sign and promptly return the extension agreement.

Dave Gibson asked about what was happening with the Cassia Street vacation. City Superintendent Scott Spevak explained that it was dropped and if Dave still wanted the vacate that he would have to hire and pay all the costs of surveying, legals and etc. then bring it back for council approval.

Mayor Time.

Mayor opened the meeting up to those attending to voice their concerns.

Executive Session for Litigation and Matters of Commerce.

Motion by Rocky Baker for an Executive Session for Litigation and Matters of Commerce as authorized by Idaho Code Section 67-2345. Second by Cleo Gallegos. Roll Call Vote: Cleo Gallegos - Aye; Dee Ray Bailey - Aye; Rocky Baker - Aye; Leann Smith - Aye.

Council Meeting adjourned to Executive Session at 7:39 P.M.

Executive Session Minutes.

Council Present:

Cleo Gallegos, Dee Ray Bailey, Rocky Baker and Leann Smith.

Employees Present:

Scott Spevak, Linda Dayley and Steve Tuft.

The executive session commenced at 7:40 P.M. and ended at 8:00 P.M. The executive session consisted of a discussion of confidential litigation and matters of commerce.

 /s/George A. Anderson, Mayor

 /s/Linda L. Dayley, City Clerk/Treasurer