December 14, 2016 Council Meeting Minutes
Mayor: Mayor Cleo Gallegos.
Council Present: Dick Galbraith, Dusty Galliher, and Joanne Justesen.
Employees Present:
Michael Tribe, Greg Richins, Anson Parke, Ralph Martini, Eric Christensen, Dan Bristol, and Ashlee Langley.
Visitors Present:
Dennis Peterson, Marlene Garner, Max Garner, Chad Anderson, Tony Morley, and Amy Christopherson.
Welcome & Pledge
Meeting conducted by Mayor Cleo Gallegos who welcomed everyone to the meeting.
Mayor Gallegos asked for those present to stand in a moment of silence in honor of Council Member Clarence “Rocky” Lanier Baker who passed away December 6, 2016 in a motor vehicle accident.
Mayor Gallegos asked Councilwoman Joanne Justesen to lead those present in the Pledge of Allegiance.
Discuss/Approve Minutes of the November 09, 2016 Council Meeting & Continuation of Public Hearing
Motion by Dick Galbraith to approve the minutes of November 09, 2016 Council Meeting & Continuation of Public Hearing as presented. Second by Joanne Justesen. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Paying the Bills
Motion by Dick Galbraith to approve the bills as presented. Second by Joanne Justesen. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Public Hearing Regarding Proposed Increase in City’s Recreation Vehicle Park Rates
Mayor Gallegos opened the public hearing.
Those speaking in favor of the Proposed Increase in the City’s Recreational Vehicle Park Rates were: None.
Those speaking against the City’s Recreational Vehicle Park Rates were: None.
Those speaking neither against nor in favor of the City’s Recreational Vehicle Park Rates were: None.
Hearing no public comments, Mayor Gallegos closed the public hearing.
Discuss/Approve/Adopt Resolution No. 16-5 Recreational Vehicle Rate Increase
Motion by Dick Galbraith to adopt Resolution No. 16-5 Recreational Vehicle Rate Increase as presented. Second by Joanne Justesen. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Xerox Lease Agreement – Skyler Young & Dennis Petersen
Before discussion on this item, Council President Dick Galbraith disclosed that Dennis Petersen is a friend of his and that he has done work for him. Mr. Galbraith stated he has not done work for him as far as his Xerox business and he felt this relationship would not affect or sway his decision in the Xerox Lease Agreement.
Dennis Petersen presented cost saving options to those present regarding a lease option over the current rental agreement the City has with Xerox.
After discussion, this item was tabled.
Discuss/Approve Memorandum of Understanding with Mini-Cassia Chamber of Commerce
City Attorney Michael Tribe presented the Memorandum of Understanding with the Mini-Cassia Chamber of Commerce to those present. Mr. Tribe explained that the Chamber approached the City for something in writing to define the joint obligations of both parties.
Amy Christopherson, 1st Vice-President for the Mini-Cassia Chamber of Commerce was present to answer any questions from the council.
Motion by Dusty Galliher to approve the Memorandum of Understanding with the Mini-Cassia Chamber of Commerce. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Memorandum of Understanding with Moyle Holdings, LLC
City Attorney Michael Tribe stated that at the last council meeting there was a question regarding the fencing in the original agreement. Mr. Tribe stated that after talking with Ryan Moyle the fencing language has been removed.
Motion by Dusty Galliher to approve the Memorandum of Understanding with Moyle Holdings, LLC as presented. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Commercial Garbage Hauling Licenses for 2017
Motion by Dick Galbraith to approve the Commercial Garbage Hauling Licenses for 2017 as presented. Second by Joanne Justesen. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
PSI Environmental
Total Waste Management LLC
Western Waste Services, Inc.
Discuss/Approve Salvage Yard License for 2017 – Gibson Truck & Auto
Motion by Dusty Galliher to approve the Gibson Truck & Auto Salvage Yard License for 2017 as presented. Second by Joanne Justesen. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss Possible Amendment to Ordinance No. 553 – Garbage Containers
City Attorney Michael Tribe stated that a resident brought it to the City’s attention that Ordinance No. 553 states that the City will pick up limbs and branches in bags beside the provided Otto carts. In looking at the contract with Total Waste Management it doesn’t appear that we can ask this of Total Waste Management.
After discussion, this item was tabled to the next council meeting for further discussion.
Declare Tasers, Kubota Mower, and Cub Cadet Mower as Surplus
Motion by Joanne Justesen to declare Tasers, Kubota Mower, and Cub Cadet Mower to existing surplus list. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Public Hearing for Application for Vacation of the Portion of “B” Street and a portion of “20th” Street
– Max & Marlene Garner
Planning & Zoning Administrator Tony Morley presented the Application for Vacation of the Portion of “B” Street and a portion of “20th” Street.
Max Garner stated that the reason for the application request is to enhance the use of the property, as it is now the streets limit the desirability of the land.
Mayor Gallegos opened the public hearing.
Those speaking in favor of the Application for Vacation were: None.
Those speaking against the Application for Vacation were: None.
Those speaking neither against nor in favor of the Subdivision Application were: None.
Hearing no public comments, Mayor Gallegos closed the public hearing.
Discuss/Approve Application for Vacation of the Portion of “B” Street and a portion of “20th” Street Submitted by Max & Marlene Garner
Motion by Joanne Justesen to approve the Application for Vacation of the Portion of “B” Street and a portion of “20th” Street submitted by Max & Marlene Garner with a surveyor at the Garners expense to survey the property and create a legal description. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Review of November Monthly Department Head Reports
Those present reviewed the November 2016 Monthly Department Head Reports.
Mayor’s Time
Mayor Gallegos thanked the City Employees for all their efforts in snow removal.
Comments from the Public
Mayor Gallegos opened this time up to the public for additional comments.
Executive Session
Pursuant to Idaho Code 74-206(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement.
Motion by Joanne Justesen to go into Executive Session as per Idaho Code 74-206(f) litigation. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Executive Session Minutes
The Executive Session was conducted by Mayor Cleo Gallegos. The topic was (f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement.
No decisions were made.
The Executive Session began at 8:35 PM and concluded at 8:56 PM.
The council meeting returned to open session at 8:56 PM and adjourned at 9:03 PM.
Cleo Gallegos Ashlee Langley
Mayor City Clerk/Treasurer