City Council
Regular MeetingPocatello, ID · April 17, 2014
Minutes
CITY OF POCATELLO, IDAHO
CITY COUNCIL AGENDA
CLARIFICATION MEETING AND
REGULAR CITY COUNCIL MEETING
APRIL 17, 2014
CLARIFICATION The City Council Agenda Clarification
MEETING Meeting was called to order at 5:34 p.m. by
Mayor Brian Blad. Council members present
were Steve Brown, Craig Cooper, Gary Moore, Eva Johnson Nye and
Michael L. Orr. Council member Jim Johnston arrived at 5:52 p.m.
No motions, resolutions, orders or ordinances were proposed. No
vote was taken.
REGULAR CITY COUNCIL MEETING
AGENDA ITEM NO. 1: The Regular City Council meeting was called
ROLL CALL AND to order at 6:04 p.m. by Mayor Brian Blad.
PLEDGE OF Council members present were Steve Brown,
ALLEGIANCE Craig Cooper, Jim Johnston, Gary Moore, Eva
Johnson Nye and Michael L. Orr.
Mayor Blad led the audience in the pledge of allegiance.
AGENDA ITEM NO. 2: An invocation was offered by Ben LeBarge,
INVOCATION Major, retired, representing the Salvation
Army.
AGENDA ITEM NO. 3: Council was asked to consider the following
CONSENT AGENDA business items:
-MINUTES (a) Waive the oral reading of the minutes and
approve the minutes from the March 20, 2014
Service Level Report meeting; and the March
20, 2014 Clarification and Regular Council
meeting.
-TREASURER’S (b) Consider the Treasurer’s Report for March
REPORT 2014 showing cash and investments as of
March 31, 2014 in the amount of
$28,500,742.39.
-POCATELLO (c) Confirm the Mayor’s reappointments of Brian
DEVELOPMENT Blad and Larry Fisher to continue their
AUTHORITY BOARD service as members of the Pocatello
REAPPOINTMENTS Development Authority Board. Both terms
will begin May 1, 2014 and will expire May
1, 2018.
REGULAR CITY COUNCIL MEETING 2
APRIL 17, 2014
-RESOLUTION (d) Adopt a resolution (2014-08) providing for
AMENDING the destruction of temporary records
DESTRUCTION OF pursuant to Idaho Code §50-907 and the
RECORDS LIST City’s Record Policy. This replaces
Resolution No. 2014-07 adopted on March 20,
2014. A date error was found on the previous list.
A motion was made by Mr. Moore, seconded by Mr. Johnston, to
approve the items on the consent agenda. Upon roll call, those
voting in favor were Moore, Johnston, Brown, Cooper, Nye and Orr.
AGENDA ITEM NO. 4: Mayor Blad recognized boy scouts from Troop
COMMUNICATIONS AND No. 315 in the audience.
PROCLAMATIONS
Mrs. Nye, on behalf of Mayor Blad, proclaimed April 19, 2014 to be
Portneuf Valley Community Environmental Fair Day in Pocatello and
encouraged residents, businesses and institutions to support the
Fair, and encouraged participation in programs and projects to help
build a sustainable community.
Mayor Blad presented the proclamation to Hannah Sanger, Science and
City Environmental Division Manager.
Ms. Sanger accepted the proclamation and thanked the Mayor and
Council for their support of the Environmental Fair. She
distributed informational flyers regarding the Environmental Fair
to the Council members.
Mr. Brown, on behalf of Mayor Blad, proclaimed April 25, 2014 to be
Arbor Day in Pocatello and urged citizens to celebrate Arbor Day
and to support efforts to protect our trees and woodlands.
Paula Jones, Pocatello Tree Commission Chair, thanked the Mayor and
City Council for their support. She distributed tree planting
guides to the Council.
Gary Bates, representative with Idaho Department of Lands Forestry
Program, presented Mayor Blad with a “Tree City USA” flag in
recognition of Pocatello’s 17th year as a Tree City.
AGENDA ITEM NO. 5: Mayor Blad reminded the Council of the
CALENDAR REVIEW May 1st Budget meeting at 9:00 a.m. and
Regular City Council meeting at 6:00 p.m.;
and the May 8th Study Session at 9:00 a.m. followed by a Budget
meeting.
Mayor Blad announced the Portneuf Valley Environmental Fair would
be held on April 19th at Optimist Park from 11:00 a.m. to 3:00 p.m.;
citizens using any PRT fixed route or special service during the
Environmental Fair hours will ride for free to and from Optimist
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APRIL 17, 2014
Park; Medication Take-back Day would be held in conjunction with
the Environmental Fair on April 19th; William Shakespeare 450th
Birthday Celebration at Marshall Public Library on April 19th at
2:00 p.m.; the Pocatello Zoo will open on weekends beginning April
19th and will open seven days a week beginning on May 1st; the
Recreation Center will be closed on Sundays beginning April 20,
2014 and will resume Sunday hours on October 19, 2014; the Parks
and Recreation Department Fun Run Series will begin on May 3rd with
the “Law Day Run”; the half-price City animal license campaign will
run throughout the month of May. Mayor Blad reminded citizens that
the AMI Greenway Trail continues to be closed to public access
until further notice.
AGENDA ITEM NO. 6: Idaho Lorax, Pocatello citizen, shared
DISCUSSION ITEMS information regarding a community
FROM THE AUDIENCE cleanup effort and expressed his concern
regarding possible environmental hazards.
Niki Taysom, 4604 Burley Drive, Chubbuck, thanked the Mayor and
Council for the Arbor Day proclamation and expressed her concern
regarding health and safety issues within the community.
AGENDA ITEM NO. 7: Lori Stamus (mailing address: 1478 Los Altos
APPEAL OF MULTIPLE Way, Pocatello, ID 83201) asked the Council
ANIMAL HOUSING to reconsider the denial of her multiple
PERMIT animal housing permit application.
Mayor Blad clarified the multiple animal housing permit application
and information pertaining to the application would be the only
discussion taken into consideration. He added that other
information regarding pending dangerous animal misdemeanor charges
would not be discussed and if the appeal is denied, Council does
not have the authority to determine which animal would be removed
in order to comply with municipal code regulations.
Lori Stamus, 1478 Los Altos Way, stated she moved to Pocatello from
Colorado in September 2013 and currently has a Chihuahua, a boxer
and a retriever mixed breed dog at her residence. She stated she
was unable to obtain the required number of signatures from her
neighbors for approval of a multiple animal housing permit.
In response to questions from Council, Ms. Stamus added that her
Chihuahua is 12 years old and 2 ½ pounds. She stated her animals
are primarily inside dogs, but a fence had been added to her
property for added safety.
In response to a question from Council, Eric Warth, 1488 Los Altos
Way, stated Ms. Stamus’ dog bit his 15-year old son and the
incident was reported to Animal Services. He added the bite broke
the skin and stitches were not required.
REGULAR CITY COUNCIL MEETING 4
APRIL 17, 2014
A motion was made by Mr. Cooper, seconded by Mr. Orr, to uphold the
denial of a multiple animal permit application and allow Ms. Stamus
until May 17, 2014 to comply with municipal code regulations. Upon
roll call, those voting in favor were Cooper, Orr, Brown, Johnston
and Moore. Mrs. Nye voted in opposition to the motion. The motion
passed.
AGENDA ITEM NO. 8: This time was set aside for the Council to
PUBLIC HEARING accept comments regarding proposed year-end
–PROGRAM YEAR 2013 amendments to the Program Year 2013
CDBG ACTION PLAN Community Development Block Grant (CDBG)
AMENDMENTS Annual Action Plan. These amendments were
reviewed and recommended for approval by the
CDBG Advisory Committee at their meeting on March 18, 2014. A 30-
day written comment period began March 18, 2014 and concluded April
17, 2014. Following the public hearing, the Council was asked to
approve the amendments and authorize their submission, including
any public comments, to HUD.
Mayor Blad opened the public hearing.
Melanie Gygli, Neighborhood and Community Services Division
Manager, gave an overview of the proposed amendments. She stated
the proposed amendments facilitate creation of the year-end report
and account for unused funds and program income.
Mayor Blad announced no written comments had been received.
Niki Taysom, 4604 Burley Drive, Chubbuck, spoke in opposition to
the proposal and stated she is opposed to government funded
programs.
As there were no further public comments, Mayor Blad closed the
public hearing.
A motion was made by Mrs. Nye, seconded by Mr. Moore, to approve
proposed year-end amendments to the Program Year 2013 Community
Development Block Grant (CDBG) Annual Action Plan and authorize
their submission, including any public comments, to HUD. Upon roll
call, those voting in favor were Nye, Moore, Brown, Cooper,
Johnston and Orr.
AGENDA ITEM NO. 9: Council was asked to adopt a resolution
RESOLUTION FOR updating the City’s Residential Anti-
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APRIL 17, 2014
RESIDENTIAL displacement and Relocation Assistance Plan
ANTI-DISPLACEMENT in accordance with U.S. Housing and Urban
AND RELOCATION Development requirements applicable to the
ASSISTANCE PLAN-CDBG Community Development Block Grant (CDBG)
program. The CDBG Advisory Committee has
reviewed the plan and recommended adoption.
A motion was made by Mr. Brown, seconded by Mrs. Nye, to adopt a
resolution (2014-09) updating the City’s Residential Anti-
displacement and Relocation Assistance Plan in accordance with U.S.
Housing and Urban Development requirements applicable to the
Community Development Block Grant (CDBG) program. Upon roll call,
those voting in favor were Brown, Nye, Cooper, Johnston, Moore and
Orr.
AGENDA ITEM NO. 10: Council was asked to adopt the updated
CDBG POLICY AND policies and procedures manual governing
PROCEDURES MANUAL administration of the City’s CDBG allocation
as discussed at the April 10, 2014 Study
Session.
A motion was made by Mr. Moore, seconded by Mr. Johnston, to adopt
the updated policies and procedures manual governing administration
of the City’s CDBG allocation as discussed at the April 10, 2014
Study Session. Upon roll call, those voting in favor were Moore,
Johnston, Brown, Cooper, Nye and Orr.
AGENDA ITEM NO. 11: Council was asked to declare items
DECLARATION OF identified as surplus property to be sold at
SURPLUS PROPERTY the City’s Annual Auction on May 10, 2014.
–CITY AUCTION City departments submitted lists of items
that they considered surplus and these were
reviewed by other departments. The items to be considered as
surplus are not needed by any other department within the City.
A motion was made by Mr. Cooper, seconded by Mrs. Nye, to declare
items identified as surplus property to be sold at the City’s
Annual Auction on May 10, 2014. Upon roll call, those voting in
favor were Cooper, Nye, Brown, Johnston, Moore and Orr.
AGENDA ITEM NO. 12: Council was asked to approve an agreement
2014 PUBLIC with Prime Time Auctions to conduct the 2014
AUCTION AGREEMENT Public Auction for the City of Pocatello to
–PRIME TIME be held on May 10, 2014.
A motion was made by Mr. Johnston, seconded by Mr. Orr, to approve
an agreement with Prime Time Auctions to conduct the 2014 Public
Auction for the City of Pocatello to be held on May 10, 2014,
subject to Legal Department review. Upon roll call, those voting
in favor were Johnston, Orr, Brown, Cooper, Moore and Nye.
REGULAR CITY COUNCIL MEETING 6
APRIL 17, 2014
AGENDA ITEM NO. 13: Council was asked to approve the purchase of
REAL PROPERTY real property at 990 Jefferson for
PURCHASE-INTERSECTION utilization in the Alameda, Jefferson,
IMPROVEMENT PROJECT Pocatello Creek and Hiline Intersection
Improvement Project, subject to Legal
Department review.
A motion was made by Mrs. Nye, seconded by Mr. Cooper, to approve
the purchase of real property at 990 Jefferson for utilization in
the Alameda, Jefferson, Pocatello Creek and Hiline Intersection
Improvement Project, subject to Legal Department review. Upon roll
call, those voting in favor were Nye, Cooper, Brown, Johnston,
Moore and Orr.
AGENDA ITEM NO. 14: Council was asked to consider a Use
USE AGREEMENT Agreement with Dennis Udy, dba Rocky
–ROCKY MOUNTAIN Mountain School of Baseball (RMSB) for use
SCHOOL OF BASEBALL of City baseball fields for a youth baseball
tournament on May 9 and 10, 2014. RMSB will
be required to pay applicable rental fees and provide the required
liability insurance, naming the City as an additional insured.
They will also be responsible for field maintenance, cleaning the
facilities, any damage resulting from their use, and any additional
costs incurred by the City as a result of the tournament.
A motion was made by Mr. Cooper, seconded by Mr. Moore, to approve
a Use Agreement with Dennis Udy, dba Rocky Mountain School of
Baseball (RMSB) for use of City baseball fields for a youth
baseball tournament on May 9 and 10, 2014 and that RMSB will a) be
required to pay applicable rental fees; b) provide the required
liability insurance, naming the City as an additional insured;
c) be responsible for field maintenance and cleaning the
facilities; and d) any damage resulting from their use and any
additional costs incurred by the City as a result of the
tournament, subject to Legal Department review. Upon roll call,
those voting in favor were Cooper, Moore, Brown, Johnston, Nye and
Orr.
AGENDA ITEM NO. 15: Council was asked to consider an agreement
USE AGREEMENT with Brandon Taggart, dba Idaho Select
–IDAHO SELECT Baseball (ISB) to use City baseball fields
BASEBALL for a baseball league during the months of
April 2014 through August 2014. ISB will be
required to pay rental fees for the fields, any additional
sanitation charges and any additional portable restroom service
charges. ISB will also be required to provide insurance naming the
City as an additional insured.
A motion was made by Mr. Johnston, seconded by Mr. Brown, to
REGULAR CITY COUNCIL MEETING 7
APRIL 17, 2014
approve a request by Brandon Taggart, dba Idaho Select Baseball
(ISB) to use City baseball fields for a baseball league during the
months of April 2014 through August 2014 and that ISB will a) pay
rental fees for the fields; b) pay any additional portable restroom
service charges; and c) be required to provide insurance naming the
City as an additional insured, subject to Legal Department review.
Upon roll call, those voting in favor were Johnston, Brown, Cooper,
Moore, Nye and Orr.
AGENDA ITEM NO. 16: Council was asked to declare a 2011 Ford
SURPLUS VEHICLE Crown Victoria from the Police Department as
DONATION-POLICE surplus equipment and approve the donation
DEPARTMENT of this vehicle to the ISU auto body
program.
A motion was made by Mr. Moore, seconded by Mrs. Nye, to declare a
2011 Ford Crown Victoria from the Police Department as surplus
equipment and approve the donation of this vehicle to the ISU auto
body program. Upon roll call, those voting in favor were Moore,
Nye, Brown, Cooper, Johnston and Orr.
There being no further business, Mayor Blad adjourned the meeting
at 6:52 p.m.
APPROVED:
BRIAN C. BLAD, MAYOR
ATTEST:
RUTH E. WHITWORTH, CMC, CITY CLERK
PREPARED BY:
KONNI KENDELL, DEPUTY CITY CLERK
Agenda
A G E N D A
CITY OF POCATELLO
REGULAR CITY COUNCIL MEETING
APRIL 17, 2014 - 6:00 PM
COUNCIL CHAMBERS
911 NORTH 7TH AVENUE
Any citizen who wishes to address the Council shall first be
recognized by the Mayor, and shall then give his/her name and
address for the record. If a citizen wishes to read documentation
of any sort to the Council, he/she shall first seek permission from
the Mayor. A three (3) minute time limitation is requested for
Council presentations.
City Hall and the City Council Chambers are accessible to persons
with disabilities. Interpreters for persons with hearing
impairments and/or taped information for persons with visual
impairments can be provided upon three days’ notice. For
accessibility arrangements, please contact Dave Hunt, ADA
Coordinator, at Voice Phone: 208-234-6248; TTY: 208-232-5071; Fax:
208-233-5149; E-mail: dhunt@pocatello.us; Mailing Address: P.O. Box
4169, Pocatello, Idaho 83205-4169; Physical Address: 215 West
Bonneville, Pocatello, Idaho.
The purpose of the agenda is to assist the Council and interested
citizens in the conduct of this public meeting. Citizens should
examine the agenda for the item of their interest. However,
citizens are advised that while some agenda items allow for public
comment during discussion/consideration not every item does. If
the matter the citizen wishes to discuss is not listed on the
formal agenda, an opportunity to be heard by the Council is the
agenda item described as "DISCUSSION ITEMS." Total time allotted
for this item is fifteen (15) minutes, with a maximum of three (3)
minutes per speaker. You must sign in at the start of the meeting.
AGENDA CLARIFICATION MEETING: A meeting will be held at 5:30 p.m.
in the Paradice Conference Room at City Hall, prior to the regular
meeting for clarification of the agenda.
RECESS: In the event the meeting is still in progress at
7:30 p.m., the Mayor may call a ten-minute recess to allow Council
members and participants a brief rest period.
AGENDA ITEM NO. 1: ROLL CALL AND PLEDGE OF ALLEGIANCE.
AGENDA ITEM NO. 2: INVOCATION: The invocation will be
offered by Ben LeBarge representative
from the Salvation Army.
REGULAR CITY COUNCIL MEETING 2
APRIL 17, 2014
AGENDA ITEM NO. 3: CONSENT AGENDA: The following business
items may be approved by one motion and a
vote. If any one member of the Council so desires, any matter
listed can be moved to a separate agenda item.
(a) MINUTES: Council may wish to waive the oral reading of
the minutes and approve the minutes from the March 20,
2014 Service Level Report meeting; and the March 20, 2014
Clarification and Regular Council meeting.
(b) TREASURER’S REPORT: Council may wish to consider the
Treasurer’s Report for March, showing cash and
investments as of March 31, 2014.
(c) POCATELLO DEVELOPMENT AUTHORITY BOARD REAPPOINTMENTS:
Council may wish to confirm the Mayor’s reappointments of
Brian Blad and Larry Fisher to continue their service as
members of the Pocatello Development Authority Board.
Both terms will begin May 1, 2014 and will expire May 1,
2018.
(d) RESOLUTION-AMENDING DESTRUCTION OF RECORDS LIST: Council
may wish to adopt a resolution providing for the
destruction of temporary records pursuant to Idaho Code
§50-907 and the City’s Record Policy. This replaces
Resolution No. 2014-07 adopted on March 20, 2014. A date
error was found on the previous list.
AGENDA ITEM NO. 4: COMMUNICATIONS AND PROCLAMATIONS:
AGENDA ITEM NO. 5: CALENDAR REVIEW: Council may wish to take
this opportunity to inform other Council
members of upcoming meetings and events
that should be called to their attention.
AGENDA ITEM NO. 6: DISCUSSION ITEMS: This time has been set
aside to hear discussion items not listed
on the agenda. Items which appear
somewhere else on the agenda will not be
discussed at this time. The Council is
REGULAR CITY COUNCIL MEETING 3
APRIL 17, 2014
not allowed to take any official action
at this meeting on matters brought
forward under this agenda item. Items
will either be referred to the
appropriate staff or scheduled on a
subsequent agenda. You must sign in at
the start of the meeting in order to be
recognized. (Note: Total time allotted
for this item is fifteen (15) minutes,
with a maximum of three (3) minutes per
speaker.)
AGENDA ITEM NO. 7: APPEAL OF MULTIPLE ANIMAL HOUSING PERMIT
DENIAL-STAMUS: Lori Stamus (mailing
address: 1478 Los Altos Way, Pocatello,
Idaho 83201) is asking the Council to
reconsider the denial of her multiple
animal housing permit application.
(Pertinent information attached)
PUBLIC HEARINGS: The procedure that will be used for conducting the
public hearings is at the end of the agenda.
AGENDA ITEM NO. 8: PUBLIC HEARING-PROGRAM YEAR 2013 CDBG
ACTION PLAN AMENDMENTS: This time has
been set aside for the Council to accept
comments regarding proposed year-end
amendments to the Program Year 2013
Community Development Block Grant (CDBG)
Annual Action Plan. These amendments
were reviewed and recommended for
approval by the CDBG Advisory Committee
at their meeting on March 18, 2014. A
30-day written comment period began March
18, 2014 and concludes April 17, 2014.
Following the public hearing, the Council
may wish to approve the amendments and
authorize their submission, including any
public comments, to HUD.
(Pertinent information attached.)
REGULAR CITY COUNCIL MEETING 4
APRIL 17, 2014
AGENDA ITEM NO. 9: RESOLUTION FOR RESIDENTIAL ANTI-
DISPLACEMENT AND RELOCATION ASSISTANCE
PLAN-CDBG: The Council may wish to adopt
a resolution updating the City’s
Residential Anti-displacement and
Relocation Assistance Plan in accordance
with U.S. Housing and Urban Development
requirements applicable to the Community
Development Block Grant (CDBG) program.
The CDBG Advisory Committee has reviewed
the plan and recommends adoption.
(Pertinent information attached.)
AGENDA ITEM NO. 10: CDBG POLICY AND PROCEDURES MANUAL:
Council may wish to adopt the updated
policies and procedures manual governing
administration of the City’s CDBG
allocation as discussed at the April 10,
2014 Study Session.
(Pertinent information attached.)
AGENDA ITEM NO. 11: DECLARATION OF SURPLUS PROPERTY-CITY
AUCTION: Council may wish to declare
items identified as surplus property to
be sold at the City’s Annual Auction on
May 10, 2014. City departments submitted
lists of items that they considered
surplus and these were reviewed by other
departments. The items to be considered
as surplus are not needed by any other
department within in the City.
(Pertinent information attached.)
REGULAR CITY COUNCIL MEETING 5
APRIL 17, 2014
AGENDA ITEM NO. 12: 2014 PUBLIC AUCTION AGREEMENT-PRIME TIME:
Council may wish to approve an agreement
with Prime Time Auctions to conduct the
2014 Public Auction for the City of
Pocatello to be held on May 10, 2014.
(Pertinent information attached.)
AGENDA ITEM NO. 13: REAL PROPERTY PURCHASE-INTERSECTION
IMPROVEMENT PROJECT: Council may wish to
approve the purchase of real property at
990 Jefferson for utilization in the
Alameda, Jefferson, Pocatello Creek, and
Hiline Intersection Improvement Project,
subject to Legal Department review.
(Pertinent information attached.)
AGENDA ITEM NO. 14: USE AGREEMENT-ROCKY MOUNTAIN SCHOOL OF
BASEBALL: Council may wish to consider a
Use Agreement with Dennis Udy, dba Rocky
Mountain School of Baseball (RMSB) for
use of City baseball fields for a youth
baseball tournament on May 9 and 10,
2014. RMSB will be required to pay
applicable rental fees and provide the
required liability insurance, naming the
City as an additional insured. They will
also be responsible for field
maintenance, cleaning the facilities, any
damage resulting from their use, and any
additional costs incurred by the City as
a result of the tournament.
(Pertinent information attached.)
AGENDA ITEM NO. 15: USE AGREEMENT-IDAHO SELECT BASEBALL:
Council may wish to consider an agreement
with Brandon Taggart, dba Idaho Select
Baseball (ISB) to use City baseball
REGULAR CITY COUNCIL MEETING 6
APRIL 17, 2014
fields for a baseball league during the
months of April 2014 through August 2014.
ISB will be required to pay rental fees
for the fields, any additional sanitation
charges and any additional portable
restroom service charges. ISB will also
be required to provide insurance naming
the City as an additional insured.
(Pertinent information attached.)
AGENDA ITEM NO. 16: SURPLUS VEHICLE DONATION-POLICE
DEPARTMENT: Council may wish to declare a
2011 Ford Crown Victoria from the Police
Department as surplus equipment and
approve the donation of this vehicle to
the ISU auto body program.
(Pertinent information attached.)
PUBLIC HEARING PROCEDURE
1. Explanation of hearing procedures by Mayor or staff.
Ten (10) minute time limit on applicant presentation.
Three (3) minute time limit on public testimony.
Names and addresses are required from those
presenting/testifying.
Questions/comments should be addressed to the Mayor and
Council.
Council members must make their decision regarding the
application on facts already in the record and
information presented at the public hearing.
Protocol requires that Council and audience be recognized
by the Mayor prior to speaking.
2. Mayor opens hearing.
3. Presentation by applicant.
Note: Remember, applicant bears the responsibility for making
his/her case. This is also the time for Council members to
REGULAR CITY COUNCIL MEETING 7
APRIL 17, 2014
ask their questions of the applicant.
4. Presentation by staff.
5. Written correspondence submitted for the record.
6. Testimony by those supporting the application.
7. Testimony by those uncommitted on the application.
8. Testimony by opponents to the application.
9. Rebuttal by the applicant.
10. Mayor closes the hearing and initiates motion/deliberations.
Note: The Mayor may choose to require a motion prior to the
discussion in order to focus deliberations, or, the Mayor
may choose to allow deliberations prior to the motion in
order to facilitate wording of the motion.
11. Develop a written and reasoned statement supporting the
decision.
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