City Council Special Meeting

Special City Council Meeting Minutes January 13, 2009 A Special Meeting of the Star City Council was held at 6:30 pm at the Star City Hall. Mayor Nathan Mitchell called the meeting to order. Roll Call: Councilpersons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Interviews: David B. Hargraves – Mayor Mitchell asked Mr. Hargraves to give some background on himself. Hargraves stated that he has been with Gem County for four years; he does civil work for the County. He represents the officials and works closely with Supervisors. He does some counseling on personnel matters. His partner works for Idaho City as their attorney, they also work for Boise County mainly working on civil matters. The group is no longer working for Boise County as of two days ago. Christopherson asked if they are a private firm or working for Gem County. Hargraves stated that they are under contract with Gem County as their prosecuting attorney. They also work at Horseshoe Bend and Idaho City; they are not a private firm. McDaniel asked if they are mainly focused on the prosecuting side rather than as City Attorney. Hargraves stated that they were mainly prosecuting and legal representative for County officials. Erlebach asked if they had plans to branch off into other cities. Hargraves stated that they haven’t looked into it. He stated that Boise County approached them; and their work for them ended just a few days again. Erlebach asked which attorney would be attending the meetings. Hargraves stated that they would rotate, but it would mainly be himself. The Mayor asked if Hargraves would be a problem with some set office hours. Hargraves stated that they have someone at Gem County five days a week. The Mayor asked if anyone would be available for a day or two for office hours in City Hall. Hargraves stated they could look into it, but they would be available by phone. Christopherson stated that the City has had problems in the past in that Star is small dog and other bigger Cities have gotten more attention. Do you have enough time to make Star a priority. Hargraves wants to make sure they have time. He stated that all their clients are about the same size, and it will depend on the size of the project. Hargraves stated that not having Boise County will free up their time. 1 McDaniel asked what Hargraves feels is the City Attorney’s role with Council, Mayor and staff. Hargraves has no experience in dealing with cities, they have dealt with county officials and he feels that it will be the same. Hargraves stated that their approach would be to be involved in the process up front to avoid legal problems later. Chistopherson asked how they keep up with case law and State law? Hargraves stated that there are several resources; they subscribe to West Law and get the updates to Idaho Code. They would also go to continuing legal education and have several legal memberships. Bell stated that Hargraves has two partners, would the charges be the same for all three attorney’s. Hargraves stated that they represent several entities and they charge a flat rate, it would be the same rate hourly. The Mayor asked about compensation. Hargraves stated they would prefer a monthly fee. They don’t worry about hourly charges. Bell stated that if we have a relationship with your firm and agree to a monthly price, are there limitations? Hargraves stated that they are interested in what is most cost effective for both parties; they may need to renegotiate after the first few months. Hargraves stated that they might refer us to another legal firm if needed for specialty things. Bell stated that most of our stuff is ordinance stuff. The Mayor stated that it is mostly ordinances and development agreements. Bell asked with the Boise County contract ending, is it a possibility for you to spend time in the City Hall. Hargraves stated that it sounds reasonable. Bell asked about response time back to staff. Hargraves stated that they would get back to that person in a day or a couple days. Bell stated that we are concerned about accessibility and timely response. Hargraves stated that he always tries to return phone calls. The Mayor stated that being on the civil side doesn’t put you in court very often. Hargraves stated that was correct. Hargraves stated that one of his partners is doing the civil work in Gem County. The Mayor stated that accessibility on a regular basis is one reason why we’re looking for an attorney. The Mayor asked if Hargraves was under the assumption that they would be handling the prosecuting for the City? Hargraves stated that he knew we were contracted with Ada County. The Mayor stated that one of our issues is ordinance enforcement. Hargraves stated that regarding ordinance enforcement problems, they would use the most effective way to resolve the situation and the civil way takes a long time. Hargraves stated that this was also a frustration in Gem County as well. Hargraves asked what type of issues the City has. The Mayor stated that they were mainly nuisance problems. 2 Christopherson asked why Hargraves would want to work for the City of Star. Hargraves stated that he lives in Star and wants to stay in this area. Bell asked about rotating attorneys, would it be reasonable for us to assume that one of you would be on point for the City, as it would be better if we dealt with one of you. We have had rotating attorneys before and it didn’t work well. Hargraves stated that he thinks it would be him. Bell stated that we would like to have one person we deal with. Hargraves stated that that is perfectly understandable. He can’t say it would be him, but probably. The Mayor thanked Hargraves and let him know we would be getting back to him soon. Clifford Brown – Mayor Mitchell asked Brown to give the Council a little background on himself. Brown stated that he practices law in Boise, he went to the University of Idaho and worked for Hawley Troxell, they are the oldest law firm in the State of Idaho. He is practicing law with John Edwards in Boise. He then went to work for a building company and when the economy declined he started practicing law again. His clients are small businesses, corporations and does some real estate work, mainly mom and pop type corporations. He has been an attorney since 1990. McDaniel stated that Brown does not have a lot of experience with land use. Brown stated that attorney’s are trained to find a problem and then find the solution. He is capable of learning this stuff. Christopherson asked how Brown keeps up with case law? Brown stated that he talks to members of the bar, there is a local section in Idaho State Bar and through continuing legal education. He has worked on an ex parte contact case. Brown believes that for information about local government, peers are the best resource. Brown stated that there are also publications, Idaho Code and Idaho Case Law. The Mayor asked if Brown was appointed as the city attorney; how do you see your role advising the City? Brown stated that he sees it much like that of a corporation – it may take some research, he will explain different paths and which approach is the best to handle the situation. Christopherson stated that we’ve had attorneys that don’t make us a priority. If we have a problem what’s your availability? Brown stated that he tries to get back to clients within 24 hours. Brown stated that the City will have himself to work with and no one else. The City will have Brown to work with and he doesn’t see any issues. If he takes the City on it will be a major company. The Mayor asked Brown with his current schedule, is it open to having occasional office hours in City Hall. Brown stated that it is possible and believes that would be great. The Mayor asked with the experience Brown has on the private side, like the building industry, do you see any conflicts with previous clients. Brown stated that he has 3 handled some small businesses in Star and if there was a problem he would make full disclosure at that time, but does not see a problem. Erlebach asked if Brown bills monthly or hourly? Brown stated that he would like to be flexible on that, he is his own boss and doesn’t have to answer to anyone. Currently he bills on an hourly rate and then bills at the end of the month, it is whatever works best for both parties. Bell asked what Brown’s rates were. Browns stated that they were $175 p/hour, depending on the nature of work, some are less. Bell asked what Brown’s preferred method of communication would be with the City? Brown stated that he has normal business hours or secretary can take messages, he sees no problems with communications. Bell asked if Brown had any experience with ordinances? Brown has gone through the County Commission and the City of Boise with land use issues. Brown stated if they are looking for enforceable documents, Brown can draft an ordinance. He beliefs it is an important document and needs to be carefully drafted and read over and over. The Mayor asked if Brown had any questions for the Council? The Mayor stated that Brown is married to Star Elementary Principal Carla Karnes. Christopherson asked why Brown wants to work for the City of Star. Brown stated that he has been in Boise for a long time and it is too big for him. He and Carla want to move to a small town. She has devoted much of her time in Star. He is migrating towards a small town. Erlebach asked if the $175 charge per hour would include the coming to and going from the Council meetings. Brown stated that he wouldn’t charge for coming and going to Council meetings. Brown stated that there are a number of ways we can set it up. He can do a billable amount per month or whatever works best for the City. He will be devoted to the City. Christopherson asked if Brown spent much time in court? Brown stated that it is less than 10% of his transactions. Christopherson stated that because you haven’t had a lot of exposure to land use and our ordinances how would you get up to speed? Brown stated that he will join local and state government attorney organizations and pull out of the code book. He stated that there will a learning curve at first and he would like to know in advance if there is an issue. Brown stated that he can’t stress enough knowing ahead of time the issues we face. The Mayor thanked Brown and stated that Council will be discussing the three candidates and will move forward, we will let everyone know. 4 Marcus Ward – The Mayor asked Ward to give the Council a little background on himself. Ward stated that he grew up in Idaho Falls and worked in Oregon. He was District Attorney for Lakeview. He helped Lakeview get their first zoning ordinance in place. He then worked for the County on trial work for Oregon Higher Education and other agencies. He worked with Oregon Health Sciences and pushed through the zoning. He had a private practice in Bend and Eugene. He went back to Lakeview until 2001 doing prosecuting and working at the County. He enjoys government work. He has not been in government work for the last eight years. He would like to be involved in the city to know the depth and context of what’s going on. Billing on an hourly basis is a conflict of interest to him. His preference is that the parties agree to a flat monthly fee to get the job done. Most of his clients are on a piece work basis. The Mayor asked what this job is worth? Ward stated that he has looked at the budget and it is $45,000. The Mayor asked if Ward had given any thought of a cost. Ward has not. The Mayor asked if Ward would be willing to have some regular office hours. Ward stated that he would be happy to do that and has extra time to do that. Ward takes referrals from financial planners, but there have been a lot fewer referrals lately. Wards stated that he has done a number of different things, he is flexible. He can make a living and doesn’t need to join a law firm. He likes not having partners. Wards short coming is that he is not a secretary. Ward stated that his time is flexible and would like to spend the time to get the job done. The Mayor stated that we have the Ada County Prosecutor do our prosecuting for the City. Erlebach asked Ward if the budget was $8-$12,000, would Ward still be interested. Ward stated that he would like to help the City and would make the adjustments to make it work. Ward stated that he wants to take a look at what our needs are, he can do a better job for a fixed amount. Christopherson asked what Ward feels is the attorney’s role in council meetings. Ward stated that he believes it is his job to be there and listen. He needs to be a witness to the problems. Christopherson stated that we need an attorney for points of law and how the Council conducts itself. There have been some attorneys that don’t pay attention. Ward stated that he would bring his lap top and could look at the law during the meeting – or he may need to research a problem. Ward stated that office hours would be better for him and he can relate better to the staff. McDaniel asked how we would get in touch with Ward. Ward stated that we could call him on the cell phone. Ward’s cell phone is not turned on during meetings, but as soon as he is out of a meeting he returns phone calls. Ward has no problem with calls in the evening or on weekends. 5 Erlebach asked if Ward would like to have a contract with the City. Ward stated that he would rather have a good relationship and an understanding; he does not need a contract. He is interested in relationship more than a piece of paper. Christopherson asked how Ward keeps up on new laws. Ward stated that there are associations, advance sheets and clearing house bulletins. Ward stated that Idaho does not have that much new law coming out. The Mayor asked why Star, why is Ward interested and why would he fit. Ward stated that Star is a nice size and he doesn’t do any other municipal work so he sees no conflicts of interests. It is the right size of town and he likes a small community. He lives out south of Lake Lowell and his daughter lives in Star now. He is likely to move to this area. The Mayor thanked Ward and let him know that we would let him know of the decision. The Mayor asked Council how they would like to proceed. It was decided to discuss pros and cons. Bell stated that he knows Hargraves, he doesn’t know his practice. Bell stated that he knows that Hargraves is doing similar stuff. Bell has concerns, one being having three attorneys instead of one. Bell stated that he has known Hargraves for a long time and if he says he’s going to do something, he will do it now. The Mayor stated that his one concern regarding Hargraves is his focus on Gem County’s criminal side, it takes a lot of time and that concerns him. He does not want to end up with the same situation we had with previous law firm. With them handling Gem County fulltime, he is concerned that we would be the small fish. Bell stated that Hargraves won’t have as big of a learning curve as the others. The Mayor feels that is a good thing, in that they don’t bring someone else’s opinion to Star. The Mayor is concerned with the “entrenched attorney syndrome”. Bell stated that he believes it would be the perfect job for Hargraves, but he can’t say anything about the firm. The Mayor stated that he saw the flexibility in all three. Maybe pay can be $2,000 per month with attending two meetings and maybe some office hours. The Mayor likes people with ties to community. Erlebach believes Brown will have the most time for us. The Mayor stated that Brown’s drawback is the lack of municipal education. The Mayor stated that he is happy with two of the three. He is not comfortable with Marcus Ward. Bell stated that he agrees with the Mayor. 6 McDaniel stated that Hargraves is contracted by Gem County, Idaho City and Horseshoe Bend. Bell stated that we need to ask if Hargraves will be our attorney. Bell stated that he would be comfortable with either of the two. He thinks that Brown would need to have a monthly agreement. He doesn’t want to pay the $175 for the learning curve. If he’s willing to put in the time to learn and be paid a flat fee he would be interested in him. The Mayor stated that he is interested in a fresh approach and he thinks Brown is flexible. The Mayor suggested a review after a six month period. He is not interested in paying to have someone read a code book. The Mayor stated that Hargraves is the closest applicant to having the information we need. The Mayor stated that his other concern is the geographical conflict with Gem County. Bell thinks Hargraves would walk away from Gem County if this job was big enough. The Mayor stated that we will send Mr. Ward a letter thanking him for his time, but we are not interested. Then we need to figure out how we need to proceed and what’s best for the City. The Mayor asked staff for input. Cathy Ward, City Clerk stated that she is more comfortable with Brown, as she does not like the idea of dealing with more than one attorney as no one gets all the information and it takes too much time to research. Christopherson stated that out of the two, his choice is Cliff Brown. He likes how he answered his question. Christopherson is concerned with Hargraves’ time. The Mayor stated that he is looking for direction. Erlebach stated he doesn’t want to sign a contract for a year, maybe month to month or six months. Bell stated that all three are looking for a job. He would like to write up something with regard to what we want and give it to the two and see if they are interested. The Council stated their preferences for City Attorney. Christopherson, McDaniel and Erlebach chose Brown as their number one choice. Bell chose Hargraves as his number one choice. The Mayor will call Hargraves and let him know that we are considering Brown, but if it doesn’t work out that he is the second choice. 7 Discussion was held on criteria of what we want from our attorney. It was decided that the attorney would spend from 1 pm to 5 pm in City Hall on the first and third Tuesday of the month and another four hours on a Wednesday in the office, plus attend the two Council meetings for $2,000 per month. Adjournment: Christopherson moved to adjourn the meeting, McDaniel seconded the motion. All aye: motion carried. The meeting was adjourned at 8:30 pm. Respectfully submitted: Approved: ______________________ ________________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 8