January 11, 2017 Council Meeting Minutes
Mayor: Mayor Cleo Gallegos.
Council Present: Dick Galbraith, Dusty Galliher, and Joanne Justesen.
Employees Present:
Greg Richins, Michael Tribe, and Ashlee Langley.
Visitors Present:
Meeting conducted by Mayor Cleo Gallegos who welcomed everyone to the meeting.
Discuss Rate Increases
Those present discussed various budget related topics including an increase in electrical rates.
The meeting ended at 6:45 PM.
Cleo Gallegos Ashlee Langley
Mayor City Clerk/Treasurer
Mayor: Mayor Cleo Gallegos.
Council Present: Dick Galbraith, Dusty Galliher, and Joanne Justesen.
Employees Present:
Dan Bristol, Ralph Martini, Anson Parke, Eric Christensen, Greg Richins, Michael Tribe, and Ashlee Langley.
Visitors Present:
Heather Petersen, Larraine Kluzik, Ronald Kluzik, Chad Anderson, Jo Elg, Rose Schmitt, Lyle Santos, Amy Despain, and Mike Painter.
Meeting conducted by Mayor Cleo Gallegos who welcomed everyone to the meeting.
Welcome & Pledge
Mayor Gallegos asked Council President Dick Galbraith to lead those present in the Pledge of Allegiance.
Mayor Gallegos asked for a motion to amend the agenda to move Item #9 for the 2016 High Five Mayors School Walking Challenge to Item #4 and add Declaration of Emergency as Item #9 as well as adding Executive Session as per Idaho Code 74-2069(a) and (b) Personnel as Item #15 due to the fact that these are time sensitive matters that need action taken before the next council meeting.
Motion by Dusty Galliher to amend the agenda to move Item #9 for the 2016 High Five Mayors School Walking Challenge to Item #4 and add Declaration of Emergency as Item #9 as well as adding Executive Session as per Idaho Code 74-2069(a) and (b) Personnel as Item #15 due to the fact that these are time sensitive matters that need action taken before the next council meeting. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Minutes of the December 14, 2016 Council Meeting & Public Hearing
Motion by Dusty Galliher to approve the minutes of December 14, 2016 Council Meeting 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 Joanne Justesen to approve the bills as presented. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve First Street Welding Quote for Snow Plow Equipment
Street Department Manager Anson Parke presented a quote from First Street Welding for the purchase of additional snow plow equipment to put on the front of City Unit SD2.
Motion by Joanne Justesen to approve the purchase of additional snow plow equipment in the amount of $8,191.78 from First Street Welding. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Exhibits D & E of the Power Sales Agreement Contract No. 09PB-13053
Jo Elg from United Electric presented Exhibits D & E of the Power Sales Agreement Contract No. 09PB-13053 with Bonneville Power Administration. Jo Elg explained that both revisions are due to the delivery of the United States Bureau of Rec. reserve power which Heyburn has been wheeling since the completion of the Bureau of Rec. office building. The reason for the revision now is that Bonneville Power Administration has been reviewing contracts and realized the provisions for Bureau of Rec. reserve power wheeling by Heyburn was not captured in the contract language.
Exhibit D incorporates language per Amendment 1 to the contract which has already been approved by the parties. It also adds provisions relative to Heyburn wheeling power to serve the Bureau of Rec. office building.
Exhibit E adds the Bureau of Rec. meter point to the Exhibit, indicating that this meter point is subtracted from the revenue meter to determine Heyburn’s load. Thus, Heyburn is not billed by Bonneville Power Administration for the Bureau of Rec. load.
Motion by Dusty Galliher to approve Exhibits D & E of the Power Sales Agreement Contract No. 09PB-13053 with Bonneville Power Administration with the correction of a name misprint in Exhibit D. Second by Joanne Justesen. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Letter of Intent with J-U-B Engineers, INC.
Water Department Manager Eric Christensen presented a Letter of Intent with J-U-B Engineers, Inc. to those present. Mr. Christensen explained that this letter of intent is to notify the Department of Environmental Quality that the City is interested in a possible loan for the Water Department.
Motion by Dick Galbraith to approve submitting the Letter of Intent with J-U-B Engineers, Inc. and authorize the Mayors signature. Second by Dusty Galliher. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Joint Motion to Extend Mitigation Agreement
City Attorney Michael Tribe presented the Joint Motion to Extend Mitigation Agreement to those present. Mr. Tribe explained that this agreement simply extends the Mitigation Agreement that was approved in 2016 for an additional year. Mr. Tribe recommended council approval.
Motion by Joanne Justesen to approve the Joint Motion to Extend Mitigation Agreement as presented. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Ordinance No. 17-587 - Vacation of the Portion of “B” Street and a portion of “20th” Street - With Suspension of the Rule Requiring Three Readings and Adopt One Reading
AN ORDINANCE OF THE Mayor and CITY council OF HEYBURN, IDAHO, vacating a portion of a public street in the city of heyburn, idaho, described generally as “B” street between 21st Street and 20th street, said property contains 0.26 acres and a portion of 20th street between “a” street and “b” street, said property contains 0.84 acres, DECLARING THE REVERSION OF THE PROPERTY, preserving and reserving easements AND FINDING IT IN THE BEST INTERESTS OF ADJOINING PROPERTIES, and providing an effective date.
City Attorney Michael Tribe presented Ordinance No. 17-587 for the Vacation of the Portion of B Street and a Portion of 20th Street.
Motion by Dusty Galliher to have City Attorney Michael Tribe read Ordinance No. 17-587 by title only, and adopt in one reading authorizing the Mayors signature. Second by Joanne Justesen. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
City Attorney Michael Tribe read Ordinance No. 17-587 by title only.
Allocation of 2016 High Five Mayors School Walking Challenge Funds
Mayor Gallegos stated that she participated in the 2016 High Five Mayors School Walking Challenge and the City has received a check in the amount of $1,000 to be given to a local elementary school to help them purchase physical activity equipment or enhance a walking program. Mayor Gallegos stated she has selected Heyburn Elementary Schools Physical Education Program to be the recipients of the funds.
Mayor Gallegos presented the check to Heyburn Elementary Physical Education Teacher Colleen Madrigal.
Declaration of Emergency
Mayor Gallegos stated that an emergency exists due to all the recent flooding throughout the City and that the need for immediate expenditure of public money may be necessary to safeguard life, health or property. Mayor Gallegos asked the council to declare an emergency as per Idaho Code 67-2808.
Motion by Joanne Justesen to declare an emergency as per Idaho Code 67-2808 due to all the recent flooding throughout the City with an expiration date of January 25, 2017. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Discuss/Approve Ordinance No. 553 – Garbage Containers
Comments were made by Total Waste Management Owner Lyle Santos.
After a brief discussion regarding the removal of paragraph three of Ordinance No. 553 pertaining to the picking up of limbs, trash, grass or additional garbage or debris alongside the approved containers on the day of pickup this item was tabled for further discussion between Total Waste Management and the City.
Discuss/Approve Declaration of a Nuisance for 1940 19th Street
City Attorney Michael Tribe stated that the City is at a point where they can declare 1940 19th Street as a nuisance as per Idaho Code 50-335 which will in turn allow the City to move forward with the process of resolving the matter. Information was provided to the Council regarding prior steps taken by City employees, including the Tony Morley, Building Official for the City, to contact the property owners of record and that the property at issue had been damaged by fire in February of 2014.In addition, reference was made to the July, 14, 2016, letter to the property owners by Mr. Morley that stated that the home in its present condition was determined to be a nuisance and qualified that qualified for abatement.
Motion by Joanne Justesen to declare 1940 19th Street as a nuisance as per Idaho Code 50-335. Second by Dick Galbraith. Roll-Call Vote: Dick Galbraith – Aye; Dusty Galliher - Aye; Joanne Justesen – Aye.
Review of Monthly Department Head Reports
The December 2016 Monthly Department Head Reports were reviewed by those present.
Mayors Time & Committee Reports
Comments from the Public
Mayor Gallegos opened this time up to the public for additional comments.
Comments were made by City Resident Amy Despain.
Executive Session for Personnel as per Idaho Code 74-206(a) & (b) Personnel
Motion by Joanne Justesen to go into Executive Session for Personnel as per Idaho Code 74-206(a) and (b). Second by Dusty Galliher. 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 topics were a matter of personnel. No decisions were made.
The Executive Session began at 8:00 pm and concluded at 8:10 pm.
The City Council meeting did not return to open session and ended at 8:10 pm.
Cleo Gallegos Ashlee Langley
Mayor City Clerk/Treasurer