June 19, 2012 This regular meeting of the Jerome City Council was called to order by Mayor Shine at 5:30 p.m. Present: Councilman Robert Culver, Councilwoman Dawn Soto, Councilman Chris Barber, Councilman Dale Ross, and Mayor John Shine. Also present were City Clerk Shonna Fraser, City Attorney John B. Lothspeich, City Administer Polly Hulsey, Community Development Director Micah Austin, Finance Director Ross Hyatt, Police Chief Dan Hall, Public Works Director Walt Appell, Building Official Dave Richey, Fire Chief Mike Hatfield, Senior Engineering Tech Steve Kolar, Senior Public Works Tech Dennis Arbaugh, and Utility Clerks Angie Baker, Gina Jerke, and Ryan Darrington. PLEDGE OF ALLEGIANCE: Mayor Shine led the audience in recitation of the pledge of allegiance. CONSENT CALENDAR: Those items contained in the consent calendar are as follows: 1. Approve the minutes of the June 5, 2012 regular meeting 2. Officer’s reports – Financial, Fire, Building, Library, Law Enforcement 3. Approval to pay So Idaho Solid Waste for May sludge hauling at a cost of $19,168.48 4. Approval to pay Weschem, Inc. for Chemfloc 905/Alum at a cost of $8,148 5. Approval to pay Weschem, Inc. for Chemfloc 4160 Polymer at a cost of $10,695 6. Approval to pay Weschem, Inc. for Chemfloc 905/Alum at a cost of $8,190.02 7. Approval to pay Magic Valley Labs for permit & industry testing at a cost of $4,072.00 8. Claims 9. AAA Rental & Serv Co Inc $1,420.66, AFLAC $1,555.70, Andy's Heating And A/C, Inc. $931.61, Appell, Walter E. $35.00, Arbaugh, Dennis $40.00, Arlene's Flowers $51.95, Assoc Of Jerome City Firefighters $110.00, Associated Business Forms/Sys $1,473.94, Association Of Idaho Cities $1,680.00, Backflow Assembly Testing And Supply LLC $463.28, Barracuda Networks, Inc. $300.00, Barry Rental, Inc. $483.05, BDPA Inc $45.00, Belden, Patti $10.11, Bentley Systems, Inc. $9,422.97, Bio Tech Soils $1,500.00, Bonneville Blue Print Supply $240.98, Brockway Engineering, PLLC $204.00, Brodart Co. $204.89, Buckley, Amanda $34.89, Buhler, Brent $21.51, Bybee, Scott L. P.E. $5,635.00, Cable One $16.30, Candlewood Suites $120.00, Canyon Trails Reality $28.41, Caselle, Inc. $3,250.00, Cbh Homes $26.54, Cdw Government, Inc. $1,732.30, Center Point Large Print $182.56, Century Link $2,370.41, Cesco, Inc $657.67, Chocker, Darbie J $330.00, City Of Jerome $226,569.13, Cnh Capital $623.63, Code 4 $396.00, Colonial Life & Accident Insur $127.70, Con Paulos Inc. $467.59, Cone, Kathy $40.12, Consolidated Electrical Distri $15.08, Cook, Tyson $20.00, Cooper, Jack H $44.99, Corona, Crystal $7.25, Crop Production Services $755.00, Culligan Soft Water Service $113.45, D & B Supply $884.45, Davidson Titles, Inc $18.80, Davis, Lillie $92.53, Dell $22,058.01, Delta Dental Plan Of Id. $5,732.35, Dewitt Diesel $3,049.57, Dig Line Inc $138.79, Dijulio Displays Inc $400.00, Dimension Systems Of Idaho, LLC $5,865.00, Don's Irrigation $1,288.21, Duo-Saftety Ladder Corporation $55.21, Electronic Data Solutions $1,210.00, Emergency Responders Health Ce, LLC $2,100.00, Entenmann-Rovin Co $326.76, Farmore of Idaho $195.54, Fastenal Company $340.56, Ferguson Enterprises, Inc. $5,636.14, Fiberpipe, Inc. $69.90, Fidelity Security Life $291.24, Finer Frames $307.68, Floyd Lilly Co $86.42, Franklin Building Supply $1,686.52, Fraser, Shonna C. $113.31, Fred Kenyon Repair Inc. $2,817.37, Freedom Electric Inc. $10,825.85, Fresno Valve & Castings, Inc. $51.45, Gall's Inc. $42.97, Gem State Welder's Supply $997.38, Go-Fer It Express $294.00, Gonzales, Janeece $395.87, Gonzalez, Christina $83.77, Great America Leasing Corp. $169.98, H.D.Fowler $4,982.74, Hall, Daniel $24.75, Halstead, Melodie $164.95, Hanson Janitorial Supply, Inc. $254.94, Harrison, Jared A $14.21, Harrison, Mike $316.82, Harvey's Office Plus $675.61, Hensley, Mike $1,500.00, Heuer, Timothy M $71.92, High Country Fusion Co Inc $167.38, Housos, Lana J $79.14, Hsbc Business Solutions $1,268.63, Hulsey, Polly $128.24, Id Child Support Receipting $1,951.15, Id Electric Motor Service Inc $370.00, Id Ground Water Appropriators $3,000.00, Id Rural Water Association $300.00, Id State Board Of Veterinary $300.00, Id State Tax Commission $11,436.00, Idaho Central Credit Union $5.00, Idaho Fire Extinguisher Company $36.25, Idaho Police Canine Assoc $90.00, Idaho Power Co. $50,027.85, Idaho Sand & Gravel Company $1,056.61, Idaho Statesman $63.64, Iii-A Trust $48,398.32, Industrial Systems, Inc. $86.00, Ingram Book Company $2,446.18, Integrated Technologies, Inc. $390.02, Intermountain Comm., Inc. $948.50, Intermountain Fabrication LLC $1,004.87, Intermountain Gas Company $248.83, Jerome Chamber Of Commerce $40.00, Jerome City Water Department $6,904.32, Jerome County $9,339.28, Jerome Ff Local Union 4589 $480.00, Jerome Recreation District $3,030.00, Jerome Veterinary Hosptial $50.00, John E. Reid And Assoc Inc $175.00, Keller Associates $56,087.55, Kelly Moore Ponderosa Paint Tf $13,122.30, Kings No. 22 $116.10, L.N. Curtis & Sons $301.58, Lacal Equipment Inc. $599.90, Lacelle, David $722.78, Les Schwab Tire Centers Inc $310.56, LHTAC $320.00, Lifemap Assurance Company $3,045.75, Lopez, Erik $61.61, Lustre-Cal $225.00, Mackay, Charlene $277.50, Maires, Martie $7.77, Manley Services $7,553.52, Markus, Katherine $708.48, Meadow Gold Dairies-Boise $152.55, Metcalf, Patricia $57.72, Mikey's Refrigeration Inc. $4,190.50, Mobley, L. $13.00, Money, Randy D $98.48, Monsen Engineering, Inc. $270.20, Mosley, Jacqueline $32.98, Mower Office Systems $403.97, MV Labs Inc. $4,324.00, MV Pipe & Steel $48.70, MWI Veterinary Supply $403.00, Napa Auto Parts $574.02, National Trade Supply, LLC $127.30, NCPERS Group Life Ins C356 $256.00, NFPA International $165.00, Northside Canal Co. $268.84, Northside Implement Co. $7.76, Overhead Door Company of TF $120.00, People $116.07, Personnel Plus, Inc. $4,603.20, Pipeco $409.86, Pitney Bowes Inc. $382.88, Platt $484.35, Polyline Corporation $187.05, Powells.Com $24.84, Prescott & Craig $91.80, Presnell, Jeremy $137.64, Preston, Tony $9.55, Pro-Flame, Inc $225.88, Promesa Enterprises, Inc. $393.50, PSI Environmental Services Inc $13,011.93, Quality Books Inc. $14.95, Quartermaster $31.96, Quigley, Kris $70.00, Quill Corporation $362.00, Ray Allen Manufacturing Co Inc $1,185.78, Richards, Maria M $56.51, Richmond, Tom $10.19, Ricoh Usa, Inc $29.75, Riedesel Engineering Inc $150.15, Road Work Ahead Const. Supply $369.60, Ron's American Car Care Center, LLC $286.67, Rosales, Silvia $345.17, R's Mobile Mini's $440.00, Sawtooth Veterinary Services $600.00, Sensus Metering Systems $120.89, Signed Sealed & Delivered $369.32, Six States Dist. Inc $205.71, Snake River Veterinary Hosp $200.00, Something More $103.86, Southern Idaho Solid Waste $19,168.48, Southern Idaho Tourism $1,792.75, Sportsman's Warehouse $23.98, St. Luke's Jerome $180.00, Steam Store Of MV Inc $175.00, Sun Valley Company $255.30, Sweet's Septic & Backhoe, Inc. $1,281.00, Taser International $763.45, TCS-The Cop Shop $568.00, Teledyne Isco Inc $380.00, Thompson, Paula $21.65, Times News $242.69, Treasure Valley Coffee, Inc. $129.35, Triple C Concrete $878.36, Tsk Enterprises, LLC $1,270.00, Twin Falls Police Department $700.00, Twitchell, Vesta $8.00, U S Bank $25.00, U S Bank Credit Card $9,646.80, U S Postmaster $1,873.58, Unified Office Services $115.22, Unified Office Services C/O CB $257.24, United States Treasury $172.39, V & M Partsland $406.46, Valley Co-Op $17,684.25, Valley Steam Carpet Clean $840.00, Varley, David $100.06, Veeh Property Management $48.30, Verizon Wireless $3,165.80, Votroubek,Scott B $28.09, Vsp $1,056.24, Waite, Edith $264.00, Walker Sand & Gravel $5,017.90, Wal-Mart Community $531.65, Web Impakt $158.00, Weschem Inc $35,987.42, Western Fire Equipment $202.13, Western States $584.00, White Cloud Communications $1,069.00, Williams-Meservy & Lothspeich, Llp $9,251.86, Wilson, David G $11.34, Winzer Corporation $313.86, Wolverton Homes $1,315.94 Councilman Culver made the motion to approve the consent calendar as presented. Second to the motion was made by Councilwoman Soto. After consideration the motion passed unanimously by the following vote: AYES: Councilman Ross, Councilman Barber, Councilwoman Soto, and Councilman Culver. NAYS: None. EMPLOYEE OF THE QUARTER – DENNIS ARBAUGH: Mayor Shine awarded Employee of the Quarter to Public Works Senior Tech Dennis Arbaugh and thanked him for many years of great service. Mr. Appell stated Dennis has worked for the city for twenty two years. He has worked in many capacities starting from irrigator to road work. His beautiful wood and metal fabrications are appreciated by many departments. It was noted Dennis has gone above and beyond to serve the Public Works, GIS and Engineering departments by building specific items that help each department perform their jobs easily and more proficiently. This has also saved each department and the city a good amount of time and money. One specific item he created and built was a carrier device that helped with fire hydrant testing in the field. CITIZEN CORRESPONDENCE, ISSUES, AND REPORTS: The clerk read a letter from Southern Idaho Tourism requesting financial assistance in the amount of $1,000 in the upcoming budget year. Debbie Dane, Director of Southern Idaho Tourism appeared to thank the council for their assistance with the customer service grant. She noted this is the first time there has been statistics available to measure tourism. She provided a copy of their publication to council. The clerk also read a letter from Interfaith Caregivers of Magic Valley requesting financial assistance. ORDINANCE NO. 1096, BILL NO. 580 – SECOND READING: The clerk read Bill No. 580 by title only as follows to constitute the second reading: AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME, IDAHO, AMENDING SECTION 13.29.010 DEFINITIONS REGARDING BACKFLOW, BACKFLOW PREVENTION DEVICE, AND CROSS CONNECTION; AND AMENDING 13.29.020 CROSS CONNECTIONS PROHIBITED; AND REPEALING SECTION 13.29.020 DISCONTINUANCE OF WATER SERVICE; AND REVISING SECTION 13.29.060 INSPECTION OF NEW CONSTRUCTION/OCCUPANCY; AND REVISING SECTION 13.29.020 INSPECTION OF EXISTING BUILDINGS, STRUCTURES AND IMPROVEMENTS; AND REPEALING SECTION 13.29.080 REPAIR AND MAINTENANCE OF EQUIPMENT; AND ADDING SECTION 13.29.100 CERTIFIED BACKFLOW TECHNICIAN; AND REPEALING SECTION 13.29.120 RECORDS; AND ADDING SECTION 13.29.140 ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 1097, BILL NO. 581 – INTRODUCTION: Councilman Culver sponsored Bill No. 581. The clerk read Bill No. 581 by title only as follows to constitute the first reading: AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME, IDAHO, AMENDING THE PROVISION FOR ABATEMENT AND NOTICE OF PERSON OR PERSON CREATING OR MAINTAINING A NUISANCE TO INCLUDE AREAS OF A PARKING LOT, STREET OR ALLEY TO THE MIDDLE OF THE STREET OR ALLEY UPON WHICH SUCH PREMISES ABUT; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE NO. 1098, BILL NO. 582: Councilwoman Soto sponsored Bill No. 582. The clerk read Bill No. 582 by title only as follows to constitute the first reading: AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF JEROME, IDAHO, AMENDING THE AGE LIMIT OF INDIVIDUALS WHO MAY BE LICENSED TO SELL ALCOHOLIC BEVERAGES, THE AGE LIMIT OF PERSONS TO WHOM VENDORS MAY SELL BEER, AND THE AGE LIMIT OR PERSONS TO WHOM BEER MAY BE SOLD, FURNISHED, DELIVERED OR GIVEN AWAY FROM NINTEEN (19) YEAR TO TWENTYONE (21); ADOPTING THE IDAHO CODE DEFINITIONS OF “LIQUOR” AND “BEER” AS THE DEFINITIONS OF THE SAME FOR THE CITY; ESTABLISHING PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 1098, BILL NO. 583: Councilman Ross sponsored Bill No. 583. The clerk read Bill No. 583 by title only as follows to constitute the first reading: AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME, IDAHO, AMENDING SECTION 12.20.202: PROVIDING FOR AN EXCEPTION ALLOWING GOVERNMENT OWNED “SPEED TRAILERS, READER BOARDS, DISPLAY BOARDS” OR OTHER PUBLIC SAFETY DEVICE TO BE PARKED ALONG CITY STREETS. UPDATE ON UTILITY REVENUE COLLECTION FIGURES: Mr. Hyatt reported unpaid balances trended out to the end of the current year would total $19,000 with $16,000 being rental properties. The figures are trending upward again. Conclusions could be made that amounts being sent to collections could rival 2010 figures if the upswing continues. Councilman Culver commented the collection issue does not appear to be getting better. Ms. Baker stated the penalties being captured are being charged to people who pay every month but pay late. The final billed customers who skip out are still going to collections in larger numbers than before. Councilman Ross stated a lot of time and effort goes into tracking and administering rental properties. Ms. Baker stated valves are not manufactured to be continually turned on and off. She explained the billings as now set up. Upon inquiry by Jeannie Vandiver, Ms. Baker explained when the final billing goes out the landlord gets a copy of the ten day notice, termination notice, and attorney letter stating the bill is delinquent. Jeannie Vandiver stated she plans to incorporate a notice in her agreements that if her tenants are turned off for nonpayment they will be asked to move. Councilman Culver inquired if paperwork will be lessened with an owner only requirement. Ms. Baker agreed delinquency paperwork would be lessened. Mr. Lothspeich stated if the ordinances pass for property owner only, third party contracts would not be allowed. He noted the current ordinance places ultimate responsibility with the landlords. Tim Hunt stated the State of Idaho code reads a landlord cannot turn off utilities because of non-payment of rent. Ms. Vandiver commented she paid over $9,000 in repairs to her water systems last year. Mr. Lothspeich stated if the landlord ordinance goes through the landlords will have judgments against them. He offered to work with Ross to see how long judgments take without going as far as the landlord ordinance. Mayor Shine offered an alternative to require a promissory note from the landlord to pay delinquent accounts placed in the renter’s name. Ms. Hulsey stated Kimberly placed an ordinance requiring the landlords be responsible. Billings are sent to landlords and tenants. Mr. Hunt stated Wendell has a co-signer requirement for landlords requiring the landlord to be ultimately responsible. Councilman Ross suggested retaining the current ordinance with a promissory note required from the landlord. Councilwoman Soto feels staff needs assistance with legalities. Mr. Austin noted there has been a 50% reduction in accounts sent to collection. He commented if an ordinance creates a 50% reduction in violations it is considered a huge success. There was also a 50% reduction in owner occupied properties. Mr. Lothspeich will confer with staff prior to the next meeting regarding the collection methodology. Upon request from Councilman Culver, the ordinances will go appear on the agenda next meeting for consideration. Mayor Shine thanked utility staff for their participation. DISCUSSION REGARDING CONCRETE AT THE CSI HEAD START PROJECT: Mr. Appell reported staff did not receive required testing results on new curb and gutter for the CSI Head Start building project. The compaction rate is not substantiated. Engineering staff is asking for the curb and gutter to be removed if proof cannot be obtained. Mr. Salyer, President of Alpine Construction, appeared to state his intent was not to hide anything; calls were simply not made. There was no malicious intent. Triple C has had 100% success rating with all concrete being poured at that site to date. There is over 300 feet of curb that will be removed because some approaches are low and one needs to be relocated. He stated there are compaction tests adjacent to the curb on all three sides of the project. Idaho Sand and Gravel did all of the site compaction. They are willing to have Materials Testing, Inc. from Boise core test and pay for that testing. Mr. Appell stated the city pays to replace any concrete that fails. Discussion of different testing methods was held. They offered to place an extended warranty for five years. Dale Anderson, project manager for Alpine Construction, explained testing is required every 100 feet. Mr. Kolar stated concrete strength can be proven. He is unfamiliar with any method to test underlying compaction. He is willing to consider Materials Testing Inc. methods. Council agreed to allow staff to determine if testing methods are effective and let them make the call. DISCUSSION REGARDING IRRIGATOR CELL PHONE NUMBER: Mr. Appell stated there are many more cons than pros to publicizing the irrigator’s cell phone number. The majority of council is not in favor of publicizing that number and prefers the public to continue going through SIRCOMM. Councilman Culver agreed to go with the majority. APPROVE PURCHASE OF WILDLAND FIRE HOSE AND EQUIPMENT: Councilman Culver made the motion to approve the purchase of wildland fire hose and equipment from the Idaho Department of Lands at a total cost of $3,297.95 plus shipping. Second to the motion was made by Councilman Ross. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Barber, and Councilman Ross. NAYS: None. Chief Hatfield stated the equipment will bring wildland fire equipment into compliance and provide a revenue stream with mutual aid agreements. Current equipment is rotting and deteriorating. Councilwoman Soto stated the majority of firefighters are lost fighting wildland fires; she stated the best equipment we can afford should be used. APPROVAL OF FIREWORK STAND PERMITS: Ms. Fraser stated she recommends approval based on completion of application forms, adequate insurance binders, and payment of the required fees. Permits will be given to applicants by fire department employees after they have passed their inspections and all safety requirements have been met. Councilman Ross made the motion to approve the applications of TNT Fireworks (2), Family Fun Fireworks, Acme Discount Fireworks (3), and SBD Fireworks, contingent upon successful fires inspection of all facilities. Second to the motion was made by Councilman Culver. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, and Councilman Barber, and Councilman Ross. NAYS: None. APPROVAL OF 2012 LIQUOR, BEER, AND WINE LICENSE RENEWALS: Councilwoman Soto made the motion to approve the alcoholic beverage license renewal applications for the following establishments: Best Western Sawtooth Inn, China Village, Diamondz Bar and Grill, Double A Café, El Parralito Salon, El Sombrero, Garibaldi’s, Honkers Mini-Mart, Jack’s Lounge Sports Bar and Grill, Jerome Bowl, Jerome Event Center, Kwik Service, La Morena Enterprises, La Oficina, Maverik Country Store, Northside Club, Oasis Stop N Go#5, Oasis Stop N Go#11, Panaderia Michoacana #2, Pizza Hut, Ridley’s, Smokin’ Cowboy, Stinker Store Inc. #62, Stinker Store Inc. #87, Tiger Stop, Tobacco Connection, Twin Stop, Valley Co-op, Video Mexico Inc. d.b.a. La Campesina, and Wal-Mart Super Center #2831, contingent upon completion of application, proof of obtaining state and county licenses, and passing building and fire inspections. Second to the motion was made by Councilman Culver. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Barber, and Councilman Ross. NAYS: None. Ms. Fraser stated most of the renewal applications have been completed. No licenses will be issued until all applications, fees, and copies of state and county licenses have been received and inspections have been passed. PERSONNEL TRAINING - POLICE: Councilman Ross made the motion to approve Police Sergeant Jay Gardner to attend the National Association of School Resource Officer’s 2012 National Conference in Reno, Nevada July 15-20, 2012 at a cost not to exceed $1,768. Second to the motion was made by C Soto. Councilman Ross withdrew his motion with approval of the second. Councilman Ross made the motion to approve Police Sergeant Jay Gardner to attend the National Association of School Resource Officer’s 2012 National Conference in Reno, Nevada July 15-20, 2012 at a cost not to exceed $1,768, contingent upon its being a budgeted item. Second to the motion was made by C Soto. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Barber, and Councilman Ross. NAYS: None. Councilman Culver stated his displeasure that no staff member was present to answer questions. ADJOURN TO EXECUTIVE SESSION: Councilwoman Soto made a motion to enter into executive session directly after the regular meeting Pursuant to Idaho Code 67-2345 (1)(a) to consider hiring a public officer, employee, staff member or agent. Second to the motion was made by Councilman Culver. After consideration the motion passed unanimously by the following vote: AYES: Councilman Ross, Councilwoman Soto, and Councilman Culver. NAYS: None. COUNCIL REPORTS: Councilwoman Soto reported she attended a fire ops 101 training Saturday. She stated it was incredibly difficult and included wearing an oxygen tank all day. She thanked Captain Presnell for keeping her alive. She thanked them for the job they do. Councilman Ross reported he went through the same training and has determined he is no longer a young man and he definitely has new found appreciation for the physical nature of the job. He thanked Firefighter Gary Showers for his assistance. Councilman Barber commented he likes first responders. He reported his son graduated from West Point. That announcement was met with resounding applause from everyone in attendance. Mr. Lothspeich reported in response to a request from a council member he will send a memo to council regarding the legalities of conveying property owned by the city. Ms. Hulsey welcomed Councilman Barber back. She reported the city is coming up on some deadlines on the Keller study. Staff is working diligently to complete those tasks. Staff will present information the first part of July regarding a pre-collection position that is a requirement of EPA that must be created by July. Industry pretreatment plan letters will be going out to industries very soon. The community development director position will hopefully be settled by the next council meeting. She will be attending the AIC conference the next three days. Mr. Hyatt stated budget meetings with department heads start next week. Mr. Lothspeich thanked Micah for all of his assistance. Mayor Shine also thanked him. He reported there will be a farewell luncheon for Micah next Wednesday. Everyone wishes him good luck in his new job. ADJOURNMENT: There being nothing further to discuss, this regular meeting of the Jerome City Council adjourned at 7:30 p.m. John Shine, Mayor Attest: Shonna Fraser, City Clerk