City Council Regular Meeting

Star City Council Meeting Minutes December 6, 2011 The regular meeting of the Star City Council was held on December 6, 2011 at 7:00 pm at the Star City Hall. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council persons Tom Erlebach, Gary Smith, Tammy McDaniel and Chad Bell were all present. Executive Session: McDaniel moved to go into Executive Session under Idaho Code Section 67-2345(1)(b) Personnel, Bell seconded the motion. Roll Call: Erlebach, Smith, McDaniel, and Bell – All aye: motion carried. The regular meeting reconvened at 7:15 pm. Approval of the Agenda: Bell moved to approve the Agenda with one amendment, the addition of Resolution 2011-07 under Old/New Business as item 7D, McDaniel seconded the motion. Erlebach, McDaniel and Bell – all aye: Smith – nay. Motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda consisting of Claims Against the City for November 2011 and Regular Meeting Minutes of November 15, 2011, Erlebach seconded the motion. All aye: motion carried. Presentations/Pubic Input: The Mayor announced the City received a letter from Beth Chapman and the Council has a copy of the letter. (see attached) Chris Stokes, 10166 Arrowleaf Court, Star, Idaho, stated that she wanted to talk about school funding statewide. She attended a meeting where our legislators were talking about school funding. She believes several of their comments were inaccurate; she is encouraging everyone to ask questions. The schools have less money for more kids. Stokes’ message to everyone is – ask the question and do the research for factual information. Terri Christoffersen, 11002 W. Vega Lane, Star, Idaho, spoke regarding Councilman Smith. (see attached) Tia Fisk, 11014 W. Arrowleaf Court, Star, Idaho, stated that she is still disturbed about what’s going on and what is being done about looking into the blackmail. The Mayor stated the information has been passed on to the prosecuting attorneys and they will conduct their investigation. Fisk stated that she has seen some of the emails; some were sent to her family and they were condescending. Fisk asked Smith if he was sorry. Smith stated that he was 1 responding to an email and it was not condescending. Fisk asked that Smith not deflect the question and asked again if Smith was regretful. Smith stated that he was not. Gwen Kido, 11360 W. Hercules Drive, Star, Idaho, stated that she is having a hard time with all of this. She was shocked that the dentist and a patient had heard about the turmoil. She stated that this is wrong. Kido has been on the Economic Development Committee for almost a year and everyone is trying to get new business here; it’s pretty hard with this trash going on; let’s clean it up. Who would want to come to Star with all of this – she is tired of it. OLD/NEW BUSINESS: Hunters Creek Sports Complex Update - Justin Walker, Keller Associates, reviewed the contract prices and the change orders. The change orders were less than 1% of the contract. We did spend $13,000 for the additional topsoil. Walker believes the contract was a huge success. The remaining work that needs to be done is pressure irrigation and getting the bugs worked out of it and get the grass growing. We are going to withhold the 5% retainage until then. The other item was an access road and we have a license agreement with the irrigation company. The soil conditions are really wet there so the contractor brought in some pit run. Walker did a final walkthrough with the contractor and there are just a few details to take care of. We do have a locked in bid for schedule B until 2012. Erlebach thanked Walker for all his work and staying close to budget. He asked about the parking lot and where the water will drain. Walker stated that we had some washout, but they will put cobblestone in for future erosion. Walker stated that the culver aprons are installed; the culvert across the access road was installed and still needs riprap; the handicap signs need installed and we have the irrigation clock. Walker thanked the Mayor and Council for working with him on this project. Terry Malarkey asked who was taking care of the handicap curbs. Walker stated that it is an Ada County Highway District requirement. Malarkey stated that they told him it was the City’s responsibility. The Mayor stated that it was the owner’s responsibility and ACHD is the owner, it is their right-of-way. The fields will be ready in July and the trees are under warranty. The Mayor stated that there have been talks with several organizations wanting to use the facilities. There is no sign for the park right now. Walker commended the Mayor and Council on this project for the City. Canyon County De-Annexation Discussion – The Mayor stated that Council had talked about this at last year’s retreat. The property in Canyon County is approximately 484 acres and the development agreements are still valid. The East Canyon project has 13 different land owners currently. No properties have changed with regard to development and it is essentially farm land which is a violation of the zoning code. The City does not 2 offer a benefit to these citizens. There are residents that want to get building permits and change uses. We collect a little under $7,000 in taxes. Bell stated that we are not providing benefits to any of the residents. If we keep the property we need to figure out a way to make the farming legal. It is a double jeopardy with having to go to two counties and he believes we should look at de-annexing the properties. The Mayor stated that the benefit is local control and the reality of development is years away. There will be no big benefit for anybody for quite awhile. We either have to rewrite codes or de-annex. Erlebach stated that he has talked to Canyon County and they are planning to make all the area along State Street commercial property. The Mayor stated that he is not aware of anything formal yet. Erlebach asked about the cost to the City to de-annex. The mayor stated that the cost is more for the developers. The cost to the City would be staff time and that is paid for and the cost of elections. Probably the most affected entity will be the Middleton School District due to the school site that was donated. Erlebach asked where Middleton’s area of impact is. The Mayor stated that it comes to the county line. The development pressure would drive the homeowner’s decision. The Mayor wants some direction from the Council. McDaniel stated that we should start the conversation and see how the agencies are affected and talk with the landowners. Smith asked where our area of impact ends. The Mayor stated that it goes to Can Ada Road. The Council has no objection to starting the conversation. Star Fire Department Emergency Operation Discussion – The west wing upstairs holds the Emergency Operations Center. We have a lease agreement before the Council regarding renting this area. The Fire Chief stated that the EOC is a huge asset to the City. It is tied into all the EOC’s around the county. Chief Courtney explained what is involved with the EOC. It can also be connected into the world events. Smith asked if we are looking for a decision. Bell moved to approve the fire department moving into the three offices upstairs, with move in date to be on January 1, 2012; and assess the cost of what utilities will be and base the lease on the costs that are brought back, McDaniel seconded the motion. All aye: motion carried. Chief Courtney stated that the cost of the new fire station was $969,000; and their change orders were over 1%, but it was mostly architectural. They have been in it for about a year and have two 24-hour people in both places. The facility will have an open house in the spring. The property is commercial and they were given an acre and a half and that’s why the station was put there. Calls they receive are 80% medical calls. The Pheasant 3 Hunters Breakfast went well and made about $6,000. They had about 700 people which is about the average for the past few years. Resolution 2011-07 No Confidence/Resignation – The Mayor read aloud the Resolution. (see attached) Bell moved to approve Resolution 2011-07, Erlebach seconded the motion. Discussion: Bell stated that this has been an extremely hard thing to do and there has been a lot of soul searching whether we should put the Resolution together. He feels the Council was put in this position and he believes it is the right thing to do. It is sad and he wants the public and Smith to know that. With what transpired, we have to make our choices and we were forced into this, but he believes this is the proper thing to do. And as hard as it is, there has to be consequences and people have to be held to their actions. The Mayor stated that the council cannot take a council person off the council. Roll Call: Erlebach, McDaniel, Bell – all aye; Smith – nay. Motion carried. Reports: Erlebach stated that the second annual Paws for Claus was on Saturday, everyone came out to walk their dog or run on the River Walk. Smith stated that there is an EDC meeting next Tuesday, and the Chamber breakfast is on the 20th. The Mayor stated that we do have a bid ready to go for the restroom at Hunter’s Creek, but Council chose not to build it in the fall. We have vandalism happening to the restrooms in Blakehaven Park and have locked them up for the winter. We are continuing with the River Walk renovations and have added some chips. The Boise Metro Chamber is hosting an event for elected officials. The Mayor stated that the Victory’s donated the Christmas tree this year. The Mayor stated that we have received about 50 applications and review of them has started. If anyone hasn’t heard, Chief Ramage is leaving. We are having an open house on Thursday from 5 to 7 pm for him. Adjournment: Bell moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 8:45 pm. Approved: Respectfully submitted: ______________________ Nathan Mitchell, Mayor ____________________ Cathy Ward, City Clerk 4 December 6, 2011 Dear Mayor Mitchell: The elections are behind us and most of us are happy with the outcome with one exception and that would be the dirty-handed political happenings that occurred before, during, and it seems still yet. I am sure you are familiar with all the events and happenings that were involved in this somewhat nasty election. It is very disturbing to me to know that MY PERSONAL, PRIVATE email address and others’ were somehow obtained by Ulysses Mori and used to advertise his campaign. I have personally saved and printed remarks on Facebook from Ulysses Mori himself, answering in THREE different ways, how he obtained my email address. None of his answers fit any organization that I receive regular emails from. The ONLY person in this town who has and who used my email for notification of town happenings is Councilman Gary Smith. It is also apparent on Facebook the connection and support of both Ulysses Mori and Terry Malarky by Gary Smith. Therein is the connection between MY private email, Ulysses Mori, and Gary Smith. I want this investigated. There is a VERY obvious misappropriation of PRIVATE information and misuse of power. Mr. Smith smugly assumes that this matter will vaporize with the morning dew, however he is greatly mistaken. People in this town that he CLAIMS to be the voice of are outraged, and extremely motivated to find answers and assign accountability as to why our private email addresses were passed off to benefit Ulysses Mori’s campaign. I ask the City Of Star to look into how my email and others got from Gary Smith to Ulysses Mori. I will keep pressing the matter until I receive answers. The email list that Gary Smith used is "assumed" to be City Property since he uses it communicate events and things - City council meetings, fund raising things, Chamber events, etc. I am addressing the city because it's assumed the email list that I suspect was shared by Gary with other candidates is "city property." Can the city investigate? Will the city investigate? Is this a violation under the City ordinances or laws? In the past, when citizens spoke publicly at the City Council Meetings, Gary Smith privately contacted them afterward. I am going ON RECORD to say that under NO circumstance should Mr. Smith or any of his “friends” contact me in ANY way regarding my complaint or it will be viewed as harassment. Sincerely, Beth Chapman 10621 W. Snow Wolf Dr. Star 83669 5 MY NAME IS TERRI CHRISTOFFERSEN AND I LIVE AT 11002 W. VEGA LANE IN STAR, IDAHO HELLO MAYOR MITCHELL, COUNCILMEN AND COUNCILWOMAN, THANK YOU FOR THE OPPORTUNITY TO INPUT. CONGRATULATIONS MAYOR, COUNCILMAN BELL AND COUNCILMAN ERLEBACH ON THE RECENT ELECTION RESULTS. I WAS VERY HAPPY TO WAKE UP THE DAY AFTER ELECTIONS AND SEE THAT THE VOICE OF REASON HAD PREVAILED. I APOLOGIZE FOR NOT ATTENDING THE LAST COUNCIL MEETING BUT PREVIOUS COMMITMENTS PREVENTED MY INVOLVEMENT. I STAND HERE TONIGHT AS A REMINDER THAT SOME UNPLEASANT BUSINESS STILL NEEDS TO BE ADDRESSED IN OUR COMMUNITY. I WOULD REMIND THE COUNCIL AND MR. SMITH THAT THE CITY OF STAR IS NOT BEING SERVED AS LONG AS MR. SMITH REMAINS ON THE COUNCIL AND CONTINUES TO REPRESENT THIS CITY IN THE VARIOUS VALLEY COMMITTEES OF WHICH HE IS A PARTICIPANT. I HAVE LIVED IN STAR FOR 8 YEARS AND 8 MONTHS. I HAVE VOTED IN EVERY ELECTION AND LEVY THAT HAS BEEN PLACED BEFORE THE RESIDENTS. I AM A NATIVE OF IDAHO AND HAVE NEVER LIVED OUTSIDE OF THE STATE. I HAVE ALWAYS BEEN INFORMED AND ACTIVE IN THE COMMUNITIES WHERE I CHOSE TO RESIDE AND I HAVE KEPT ABREAST OF THE LOCAL HOT TOPICS AND THE TREND THAT THE LOCAL GOVERNMENTS HAVE TAKEN. I CAN HONESTLY SAY, MR. SMITH, THAT SINCE YOUR ELECTION TO CITY COUNCIL IT HAS BEEN EASY TO LISTEN, WATCH AND LEARN THAT YOU HAVE NEVER HELD ANY INTEREST IN THE CITY OF STAR EXCEPT WHAT MIGHT SERVE YOUR OWN INTERESTS. YOU HAVE REFUSED TO BACK DOWN AND APOLOGIZE FOR YOUR BOORISH, DEMEANING BEHAVIOR TOWARD MANY OF THE CITIZENS. YOU HAVE STOLEN THE CITY EMBLEM TO CREATE A WEBSITE AND PROMOTE YOUR OWN AGENDA DURING THE MOST RECENT ELECTION AND THEN LIED WHEN YOU WERE FOUND OUT. YOU HAVE MADE SLANDEROUS REMARKS TO AND BEHIND THE BACKS OF CITIZENS OF OUR COMMUNITY. YOU HAVE COLLUDED IN THE CAMPAIGNS OF PEOPLE 6 TO BLACKMAIL A CITY COUNCILMAN AND YOU HAVE BARTERED OUR BOUNDARIES TO A NEIGHBORING COMMUNITY. YOU CONTINUE TO HARP AND PICK AT THE SCABS OF AGENDA ITEMS THAT YOU PROMOTED AND WERE VOTED DOWN. ALTHOUGH CITIZENS AND THE COUNCIL HAVE ADMONISHED YOU FOR USING THE E-MAIL LIST YOU COLLECTED TO KEEP OUR CITIZENS “UP TO DATE” REGARDING COUNCIL ISSUES YOU CONTINUE TO DISSEMINATE THOSE PEOPLES NAMES AND E-MAIL ADDRESSES WITHOUT THEIR PERMISSION. IT IS MY UNDERSTANDING, THAT YOU ARE A PROUD MEMBER OF THE TEA PARTY MOVEMENT. NO WHERE IN ANY OF THE MOVEMENTS COMMONALITY HAVE I EVER SEEN A MOVE FOR BIGGER GOVERNMENT (I.E.: LINE ITEM $100,000 FOR A COMMITTEE TO USE AS THEY SEE FIT) OR INVASION OF PEOPLES RIGHTS (IMPOUNDING VEHICLES FOR FAILURE TO CARRY PROOF OF INSURANCE) OR FOR MORE RED TAPE (3 PAGE JOB DESCRIPTIONS FOR 3 ½ CITY EMPLOYEES). IT IS YOUR RIGHT, MR. SMITH, TO VOTE FOR AND STAND BEHIND WHATEVER PERSON OR ISSUE YOU MAY EMBRACE. HOWEVER, THE CITY OF STAR SPOKE WITH RESOUNDING CLARITY (33% VOTER TURNOUT - 2nd LARGEST IN THE STATE) ON NOVEMBER 8TH. YOU ARE NOT THE VOICE OF STAR, YOU ARE NOT MY VOICE BY ANY MEANS AND YOU NEED TO QUIT THUMPING YOUR CHEST LIKE A GREAT APE AND BACK DOWN AND LISTEN TO THIS CITY. TO THE REST OF THE COUNCIL AND TO THE MAYOR, I WOULD LIKE TO KNOW WHAT YOU NEED AFTER THE ELECTION STATEMENT AND OVER 2 MONTHS OF INPUT BY THE CITIZENS ON-LINE AND BEFORE THIS COUNCIL TO CENSOR MR. SMITH SO THIS COUNCIL CAN GET BACK TO DOING WHAT IT DOES BEST – TAKING CARE OF STAR! THANK YOU! 7  RESOLUTION NO. 2011-07 (Vote of No Confidence and Request for Resignation) WHEREAS, Idaho Code 50-301 grants to the Mayors and City Council in their respective Cities, all jurisdiction and authority within the legal confines of their statutory office; and WHEREAS, Idaho Code 50-302 grants to the Mayors and City Council of their respective Cities, special powers to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and City Council find Councilman Gary Smith has clearly violated the public trust with continued verbal and written intimidation and harassment of citizens who openly communicate with the City; and WHEREAS, the Mayor and City Council find Councilman Gary Smith openly and publicly attempts to undermine and attack the integrity of the Mayor, City Council, and City staff with unsubstantiated and false accusations of improprieties; and WHEREAS, the Mayor and City Council find Councilman Gary Smith has shown a blatant disregard for the truth when confronted by citizens during public meetings; and WHEREAS, the Mayor and City Council find Councilman Gary Smith has expressed public support of and is perceived to have participated in attempted blackmail and coercion of a fellow Council member; and WHEREAS, the Mayor and City Council find Councilman Gary Smith has continually displayed a lack of respect and understanding of local government process and procedure by attempting to direct and conduct City business in multiple media forums outside of open public meetings; and WHEREAS, the Mayor and City Council find that multiple citizens have requested that the City Council take corrective action to address Councilman Gary Smith’s egregious behavior; NOW, THEREFORE BE IT RESOLVED for the reasons stated herein, the Mayor and City Council find that Councilman Gary Smith has demonstrated behavior that is detrimental to the good government and welfare of the City of Star, and therefore declares a “Vote of No Confidence” in Councilman Gary Smith. BE IT FURTHER RESOLVED, the Mayor and City Council do hereby respectfully request the immediate resignation of Councilman Gary Smith. 8  DATED this ______ day of December, 2011. CITY OF STAR, IDAHO Ada & Canyon Counties By: ____________________ ATTEST: Nathan Mitchell, Mayor ________________________ Cathy Ward, City Clerk 9