City Council Regular Meeting

Star City Council Meeting Minutes October 4, 2011 The regular meeting of the Star City Council was held on October 4, 2011 at 7:00 pm. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Gary Smith, Tom Erlebach and Chad Bell were all present. The Mayor stated that Councilman Erlebach asked to address the public. (See attached) Approval of the Agenda: Bell moved to adopt the agenda, McDaniel seconded the motion. Ward stated there was an addendum to the bills. Bell moved to amend his motion adding the addendum to the bills, McDaniel amended her second. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda consisting of: Claims Against the City - September 2011, Regular Meeting Minutes - September 20, 2011 and the Addendum to the bills, Erlebach seconded the motion. All aye: motion carried. Presentations/Public Input: Committee Reports - No Committee Reports were given. Public Input - The Mayor stated that the City received a letter from a citizen asking that it be read into the record. The City Clerk, Cathy Ward read the letter from Denice VanDoren aloud. (See attached) Smith responded to the letter stating that he responded to a resident who spoke about job descriptions. She held up a copy and stated that it was a job description; when Smith asked the Mayor about job descriptions, the Mayor said it was from Idaho Code. Smith stated that he sent an email to the resident with a copy to everyone clarifying items that the resident was not aware of. Smith will make his computer available, it was sent as a continued discussion and there is nothing wrong with what he did; she did not have all the information. Smith stated that there was no berating and he will make his letter public. Smith stated that his email was sent to the Mayor, Council and the City Clerk; it was not sent out to the public; it was a continuation of a public meeting. Smith stated that the resident did express her concern about her email, but he did nothing wrong as her email was available from other committees she has served on. Smith did apologize if the resident felt intimidated; that was not his objective, it was sent to clarify; the citizen took is as offensive. The Council was copied and the people that were at the meeting, nothing more was discussed. Smith doesn't agree with Denice VanDoren's comments and believes it is an attack on him for doing his job. 1 Carrie Landry, 11050 W. Vega Lane, Star, Idaho, addressed the Mayor and Council. (see attached letter) The Mayor stated that he was copied by Councilman Smith and he felt the same way Landry did; he apologized to Landry on behalf of the City. The Mayor stated that we do not maintain a database for Councilmen to respond to anything like that. Smith stated that his email was to clarify what had been discussed regarding job descriptions. The Mayor stated that Smith had already stated the same thing earlier. The Mayor explained that Landry was upset because of the people Smith emailed; it was not given so it could be blind copied to everyone. Laundry is upset because Smith gave her email to people she doesn't know. The Mayor asked if any of the residents signed up for Public Input wanted to discuss any other item, other than what was included on the agenda. He stated the Ada County Highway District - Main Street Plan would be open to discussion later. Mrs. Pat Frietag stated that she will wait until the ACHD discussion item. Scott Phillips, 11063 W. Frost, Star, Idaho, stated that he wished to continue Laundry's discussion. Phillips stated that he has worked extensively in constituent services; he's worked for County Commissioners and Governors direct and he knows a lot about constituent services and he has never seen blind copies sent by elected officials to their constituents; he has issues with this and it raises questions about judgment. Phillips stated that he's seen Smith bring up an insurance ordinance that Phillips takes exceptional objection to and seen him cast an ideological vote on the budget about job descriptions. Phillips is concerned that he's seeing a pattern and believes it is not good enough representation. Phillips stated that Smith represents him and the people here, he expects more from Smith. He hopes he can deliver that. Heidi Prigge, 400 N. Star Road, Star, Idaho, stated that Malarkey stated that he had blackmail issues or that someone was attacking his family and now this thing with Erlebach; it's unnerving and she can't believe it. Everyone has something they don't want to talk about - should she bear her soul now. The Mayor stated that Malarkey accused the Mayor of harassing him. The Mayor stated that he has not talked to Malarkey in the past three years, except at EDC. He would hope that this is not what our community is becoming. Prigge stated that if she comes to the next Council meeting and finds out someone else has been blackmailed, she will just bare her soul. This is very upsetting about Erlebach. Frank Turner, 234 N. Devon Way, Star, Idaho, stated that he is disturbed by the Erlebach issue. Anyone can go to the Idaho Repository and find out anyone's history. Turner stated that on behalf of everyone in Star, he apologized and is embarrassed that it happened. 2 Old/New Business: Ada County Highway District – TIP list – The Mayor reviewed the existing list. (Please see the attached list.) Smith moved to approve the TIP list with additions discussed, Erlebach seconded the motion. All aye: motion carried. Resolution No. 11-05 Vehicle Use Policy – The Mayor stated that this is for an additional 5% discount on our insurance. ICRMP will be at a November meeting to do a review of personnel items. Bell asked Legal Counsel, Cliff Brown, if we needed to clarify item number eleven regarding who is responsible for moving violations. Brown stated that the wording seemed clear to him. The Mayor stated that whomever is driving a City vehicle will be responsible for the non-moving violation. Bell moved to approve Resolution No. 11-05 Vehicle Use Policy, a Resolution of the City of Star, Ada and Canyon Counties, Idaho adopting and approving the City of Star Vehicle Use Policy; making the Vehicle Use Policy part of the Personnel Policy Handbook, Erlebach seconded the motion. All aye: motion carried. Resolution No. 11-05 Auditing Services – Smith asked about going out to bid for audit services. Bell stated that he feels comfortable with this company, they were the lowest bid when this went out to bid and they have done a very good job. McDaniel moved to approve Resolution No. 11-05 Auditing Services, a Resolution of the City of Star, Ada and Canyon Counties, Idaho, approving the proposal of Bailey and Company, Chartered, Certified Public Accountants, of Nampa, Idaho, to provide auditing services to the City of Star for the fiscal year which will end on September 30, 2012; authorizing the mayor to execute such approval on behalf of the City; and providing an effective date, Bell seconded the motion. All aye: motion carried. Main Street Design Drawings – The Mayor reviewed the design documents. We will need to clarify address 624 on South Main. The Mayor stated that there were options: we could go with the project and mitigate tree removal or stop the project all together. The Mayor stated that the parking would be obliterated at Sam’s Saloon. The issues are the trees and the parking lot at Sam’s Saloon. Bell stated that he would like to have the trees marked out and see what we are looking at. The Mayor stated that we will have the trees painted and invite affected properties. We will send residents a letter regarding the red dot on the trees. We will have ACHD paint back side of the sidewalk. The Mayor stated that we will hold a meeting mid November. Addendum 2 – Hunters Creek Sports Complex - City Engineer, Justin Walker, is here to talk about money and a change order. We have increases due to highway district changes. Walker reviewed the handout that he gave regarding change orders. There are a couple more change orders – 8,000 cubic yards of top soil and they added 600 more cubic yards than what was called for. The other item outstanding is ACHD requirements. 3 Bell moved to approve Addendum 2 Hunters Creek Sports Complex, in the amount of $11,800.00, Erlebach seconded the motion. All aye: motion carried. Reports: Council – McDaniel had nothing to report. Smith attended the Senior's lunch and he was asked to join an Idaho Power Committee. Smith talked about the Education Task Force, Legislative meeting, and chamber meeting. Smith stated that they are looking for private/public money for Hwy. 16. Erlebach had nothing to report. Bell attended a meeting at the school; the school wants a track and will be working with other entities to get it started. Keller and Assoc. invited Bell to the Association of Engineers shooting contest, there were 120 shooters and they came in second. Mayor – The Mayor stated that Smith has raised an issue regarding the Mayor and a civil suit he is involved in with regard to a conflict of interest; in that the Mayor is using the attorney services of Cliff Brown, which is also the City's Legal Counsel. The Mayor stated that there is no conflict of interest; he has nothing to hide and if anyone has any questions, the Mayor would be happy to answer them. The Mayor stated that Smith wanted an Executive Session excluding the Mayor and Legal Counsel. The Mayor stated that there is no need to be in an Executive Session when there is no conflict of interest. Smith stated that there is a lot of press vetting candidates. Smith called the Association of Idaho Cities and was told how to handle it. The Mayor stated that Smith was given wrong information and explained that Idaho Code states that the Mayor shall preside over all Council proceedings when available, and there is no justification under Executive Sessions to handle what we've been talking about, it needs to be in front of the public, not behind closed doors. The Mayor stated that this is not the way to handle things, if you have a question or a problem with someone, go ask them about it, don't sit at the coffee shop with six other people and speculate. Adjournment: The Mayor adjourned the meeting 9:04 pm. Approved: Respectfully submitted: _________________________ ______________________ Nathan Mitchell, Mayor Cathy Ward, City Clerk 4 Tom Elrebach Star is a well run town. Our budget is in the black, we are spending $800,000 on a new park and River Walk and we enjoy good public safety services. So it is very sad for me to learn of a vicious attempt to blackmail me and force me to leave public office. I have here copies of a letter – passed anonymously to me – threatening to publicize some of my past problems unless I step down from the council. This is nothing less than blackmail, committed for political purposes. My allegiance is to the citizens of Star and only they can determine my fitness for office, not some coward with a political agenda. Nevertheless, I am compelled to address the content of the blackmail. Basically, it involves misdemeanor convictions going back to 1998, connected with a bitter divorce I was going through. Although I never committed physical domestic violence, I was convicted of violating no-contact orders, for such things as sending birthday presents to my kids or having “visual eye contact” in a public place. For these and other misdemeanors, I was convicted, served time, paid fines and have moved on with my life over the past 13 years. Since then, I have lived in Star and been very involved in the Chamber of Commerce, Lions Club, city council Parks and Recreation Department and Star Fire District. I’ve worked to get a local nursery to donate $20,000 in landscaping materials for the new park. I remained a father to my three kids who have now grown into responsible adults. I have operated a local company for 11 years, putting local people to work. The blackmail threat says, “The concerned citizens will not release this information through their channels and network if Tom Erlebach resigns immediately. No later than the end of this week – Oct. 7.” It’s a free country and even anonymous people who act dishonorably can release whatever information they wish, regardless of the personal pain and disruption it causes. I am pleased with my record as a father, business owner and public servant I will be happy to discuss my history with any of you. I look forward to continuing my service to the people of Star and making a bright future for the town we all love. 5 Letter for Public Input at October 4th Star City Council Meeting I am not able to attend this meeting, but request that this letter be read into public record. Thanks. Denice VanDoren 11071 W Frost Avenue, Star At the last City Council meeting, a resident of Star chose to speak during public input. The resident pointed out an incorrect statement that was published in an article written by Gary Smith. During that testimony, this resident did not name him or the publication where the article appeared, but simply clarified the information that appeared in the article. What was stated by either party regarding City policies and procedures is not the issue. The action then taken by one of the councilman is a much larger issue, I believe. Gary Smith, an elected official representing the City of Star, chose to send an inappropriate email to this resident later that evening and then proceeded, by his own admission, to blind copy several people with the resident’s personal email address included. As a resident of Star, I am alarmed at the actions of this council person. Bullying does not promote open dialogue with residents; to the contrary, I would think that it would discourage participation by the community. Especially when a private citizen’s email address is disclosed by an elected official without permission. Does a city council member have the right to berate a resident for speaking during public input and then covertly distribute his own continuation of a city council meeting around town? Should there now be a disclaimer at the beginning of every council meeting that if someone chooses to speak in this public forum, the “wrath of Gary Smith” may soon be upon them? I repeat, what was stated by either party regarding City policies and procedures is not the issue. The email that was sent is the issue, nothing else. Gary Smith should, in a public forum, not hiding behind his computer late at night, address the council, mayor and those in attendance and explain why he thinks this is proper conduct for an elected official in the city of Star. 6 Carrie Landry You may recall that I spoke during public input at the last city council meeting. I made the decision to do so based on, what I felt was incorrect information published in an article regarding job descriptions for some City of Star employees. I tried very hard to be respectful; I did not name the author, even though it was one of the city council members, or the publication where this article appeared. Little did I know at the time that my input at a city council meeting would result in my receiving a patronizing and insulting email from Councilman Gary Smith, who was the author of the article? I also did not realize that he would, in addition, blind copy several members of the community with my personal email in full view. Is this the way the Star City Council treats citizens that speak at council meetings? It took a lot of guts for me to stand up and speak and I do not appreciate being treated this way by Gary Smith. I work full-time, have two small children and am busy like most residents. But I care about my community and it seemed wrong to me that information had been sent to the press by a council person that lacked details of the issue discussed and from my perspective was not entirely factual. Gary, you admitted to me in one of the 2 emails you sent me that you did not include details in the article because “they (meaning the Valley Times) limit the number of words and it is hard to get all these details in the paper”. So based on that and what was written, what I said in the last meeting was correct. As a side note, I am an executive with a global corporation, and have also managed a 150 million dollar division with 250 employees for a Fortune 500 company. Gary Smith’s condescending and patronizing tone, explaining in minute detail about ‘detailed job descriptions’, was unnecessary. I can assure you, Mr. Smith, I know what a job description is, both a general and a detailed one. Gary Smith had every opportunity to address my comment at the meeting on 9/20, in a public forum and on the record, but chose instead to send me a personal email. He felt he was justified in emailing me and blind copying other people because “Your email address is open and in the public domain from e-mails sent around the city by several different community groups.” Apparently it is only my email that is public domain, since everyone else’s email address was concealed. He emailed me that only the people who attended the 9/20 city council meeting were blind copied on the email. This is not true. At least one person who was not in attendance on 9/20 was blind copied on this email. I asked that council member Smith tell the whole truth, half truths are not telling the truth. This is what we teach our children. 7