October 16, 2012
This regular meeting of the Jerome City Council was called to order by Mayor
Shine at 5:30 p.m.
Present: Mayor John Shine, Councilman Robert Culver, Councilman Chris
Barber, Councilwoman Dawn Soto, and Councilman Dale Ross.
Also present were City Clerk Shonna Fraser, City Attorney John B. Lothspeich,
City Administrator Polly Hulsey, IT Director Kathy Markus, Finance Director Ross
Hyatt, Police Chief Dan Hall, Public Works Director Walt Appell, Senior Engineer Tech
Steve Kolar, Consultant Engineer Scott Bybee, Water Operation Supervisor Larry Bybee,
Library Director Patty Metcalf, Deputy Fire Chief Jack Krill, Building Official Dave
Richey, and WWTP Superintendent Gilbert Sanchez.
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 October 2, 2012 regular meeting and executive
session
2. Officer’s reports – Financial, Fire, Building, Library, Law Enforcement
3. Approval to pay So Idaho Solid Waste for Sept sludge hauling at a cost of
$15,389.60
4. Approval to pay Magic Valley Labs for permit & industry testing at a cost of
$2,804.00
5. Approval to pay Weschem Inc. for Chemfloc 4160/3 polymer at a cost of
$10,695
6. Approval to pay Weschem Inc. for Chemfloc 905/Alum at a cost of $7,458.50
7. Approval to pay Weschem Inc. for Chemfloc 905/Alum at a cost of $7,658.00
8. Claims
AAA Rental & Serv Co Inc, $107.40; Aardema, Evan F, $35.91; Acevedo, Rosa,
$87.02; Afl911, LLC, $1,059.78aflac, $1,470.66 Alonso, Araceli, $45.60 Alpine
Construction Inc., $51.93 Alvarado, Jesus, $69.23 Ambriz, Maria, $23.26
American Planning Association, $235.00 Andy's Heating And A/C, Inc., LLC;
$75.00; Angel's Construction, $10,177.50; Apt US&C, $121.67 Arbaugh, David A,
$1.82 Arce, Javier, $75.16 Assoc Of Jerome City Firefighters, $100.00 Associated
Business Forms/Sys, $276.73 Baeza, Maria, $59.14 Baker, Dennis J, $44.59
Barragan, Jessica, $13.34 Barry Rental, Inc., $920.56 Bart's Signs Plus , $215.00
Basti, Pamela, $14.8 2bateman, Jenny, $127.27 Bautista, Florinda, $49.94 BC
Sales Co., Inc., $168.35 Beal, Beverly, $66.77 Bedzyk, Carolyn, $48.07 Belnap,
Val, $92.64 Benavides, Agnes, $29.10 Berumen, Jesus, $51.8 9 Best Western Plus,
$661.50 Bio Tech Soils, $750.00 Black, Jeffrey, $92.20 Bon, Laura, $30.12
Bonneville Blue Print Supply, $233.20 Borkin, Nancy, $46.15 Bowen, Suzanne,
$45.77 Brackett, Barry, $35.00 Brown, Helen, $48.72 BSN Sports, $74.98 Buhler,
Misty M, $57.67 Buntain, James, $28.5 3burlington, Brenda, $3.26 Burrell,
William, $49.14 Bybee, Scott L. P.E., $4,585.00 C & H Distributors, $43.29 Cable
One, $41.60 Campos, Noemi, $38.01 Carpenter, Jana, $29.44 Case, Kevin, $74.78
Catalan, Rey, $25.92 Catering By Design, $24.95 CDW Government, Inc., $93.35
Center Point Large Print, $148.56 Century Link, $2,272.16 Cesco, Inc., $1,559.18
Chan, Leticia, $82.22 Chavez, Sergio, $1.52 Chavez-Garcia, Cynthia, $31.31
Chemetrics, $1,447.90 Christian, Steven, $88.9 0city Of Jerome, $240,773.84
Clair, Pamela, $26.30 Climer, Sarah, $84.23 CNH Capital, $387.54 Coburn,
Naoma, $73.30 Coffel, Travis, $17.63 Colchado, Sergio, $6.37 Collins, Pierce,
$27.24 Colonial Life & Accident Insur, $127.70 Con Paulos Inc., $187.83
Connors, Laura B, $74.43 Consolidated Electrical Distri, $4.10 Cook, Brady,
$78.20 Cromer, Patricia, $29.52 Cuares-Tito, Fausto, $81.29 Culligan Soft Water
Service, $91.65 D & B Supply, $517.18 Daniels, Jason E, $66.73 Davidson Titles,
Inc, $323.98 Dekeyser, Johnathan, $50.90 Dell, $177.34 Delta Dental Plan Of Id.,
$5,261.45 Dennis, Kyle, $15.72 Denton, Rick, $19.88 Dewitt Diesel, $678.15 Diaz,
Maria, $86.26 Diaz, Morgan, $13.42 Dig Line Inc., $89.83 Dimension Systems Of
Idaho, LLC, $1,048.06 Doane, Laretta, $20.49; Dodson Training Resources, Inc.,
$1,100.00; Dominguez, Elisandro, $79.84; Donegan, Shanna, $10.17; Driscoll
Brothers, $106.28; Elam & Burke Inc., $4,2 18.00; Emergency Reporting, $539.00;
Erdmann, Scott, $89.60; Espinoza, Laura, $104.14; Esquivel, Aydee, $24.83;
Extreme Staffing Of Idaho, $2,092.13; Fairchild, Nicholas, $16.58; Farfan, Marie,
$38.52; Farmore Of Idaho, $61.03; Farr, Troy, $78.02; Fastenal Company,
$193.01; Felipe Vazquea, Juan Carlos, $71.85; Fiberpipe, Inc., $69.90; Fidelity
Security Life, $317.17; Fleming, Vanessa, $32.65; Flores, Cristian, $60.18; Flores,
Susana, $105.07; Floyd Lilly Co, $134.61; Floyd, Alan, $21.24; Fox, Cizzie, $2.29;
Franco, John, $79.31; Franklin Building Supply, $873.81; Franklin Miller, Inc.,
$2,263.00; Fred Kenyon Repair Inc., $552.65; Furr, Ron, $80.38; Gaar, Olga,
$38.56; Gall's Inc., $763.22; Gallup, Jeannie, $39.62; Garcia, Oscar, $65.19;
Garcia, Reuben, $51.40; Garcia, Rudy, $41.33; Garvin, Harry Jr, $87.55; Gem
State Paper & Supply, $105.15; Gem State Welder's Supply, $533.40; Giles,
Karissa M, $85.41; Gilmore, Christi, $76.68; Glass Plus LLC, $126.38; Go-Fer It
Express, $259.00; Gomez, Israel, $167.09; Gonzalez, Cleeta, $34.90; Gonzalez,
Juan P, $78.85; Goode Motors, $177.74; Gordon Paving Co., Inc., $1,445.60;
Gosnell, Stacey, $83.96; Great America Leasing Corp., $169.98; Green Acres Pet
Center, $50.00; Griffin, Deborah, $61.25; Grove, Christal, $20.56; Guisasola,
Karen, $19.12; Gusman, Esmeralda, $97.91; Guymon, David M, $45.22; H.D.
Fowler, $1,283.14; Hach Company, $6,202.95; Hadden, John, $7.62; Hall, Carlie
Jo, $66.17; Hall, Daniel, $13.54; Hanson Janitorial Supply, Inc., $107.74; Harrison,
Tiffany, $44.23; Hartley, Diane, $83.29; Harvard Business Review,$99.00;
Harvey, Richard, $54.23; Harvey's Office Plus, $189.82; Heffern, Brooke, $19.62;
Hensley, Casey, $64.84; Hepworth, K.C., $33.38; Hepworth, Kayla, $48.43;
Hernandez, Alejandra, $70.87; Hernandez, Chavarria, $84.23; Hernandez, Jorge,
$22.48; Hernandez, Jose, $13.47; Hernandez, Lazaro, $64.93; Hernandez, Martin,
$2.25; Hess, Jared, $96.34; Hildalgo, Rita, $79.27; Home Depot Credit Services,
$15.09; Hoover, Eddy, $34.37; Hopper, Nita, $10.68; Huerta, Diana, $35.66;
Huerta, Yesenia, $20.00; Hunt, Christopher, $61.98; Hurd, Peggy, $79.56; Hydro
Specialties Company, $58.38; IAFC, $249.00; ICRMP, $140,442.30; ID Child
Support Receipting, $1,816.15; ID State Tax Commission, $14,103.03; ID
Concrete Company, $357.83; ID Economic Development Assn, $250.00; ID Power
Co., $68,356.06; Idaho Sand & Gravel Company, $147,836.13; Idaho State Police,
$1,406.25; Iii-A Trust, $45,937.66; Infinity Engineering, $1,825.50; Ingram Book
Company, $2,324.00; Integrated Technologies, Inc., $211.62; Intermountain
Comm., Inc. , $6,995.77; Intermountain Fabrication LLC, $323.97; Intermountain
Gas Company, $87.11; Interstate Battery System Id, $94.95; Jackson Group
Peterbilt, $2,047.07; Jannotta, Louis, $35.60; Jaszkowiak, Amy, $100.96; Jerome
Auto Body, Inc., $1,478.80; Jerome City Water Department, $2,895.35; Jerome
County, $9,781.80; Jerome County Assessor, $9.20; Jerome County Sheriff,
$361.02; Jerome FF Local Union 4589, $400.00; Jerome Pt & Sports Medicine
Clinics, $65.00; Jim's Repair & Distributing, $62.15; Johnson, Amanda, $65.72;
Johnson, Larry, $84.06; Kellis, Susan, $82.90; Kelly Moore Ponderosa Paint TF,
$99.42 Kimberly Veterinary Hospital, $50.00; Kiser, Jason, $18.74; Krill, Jack,
$876.36; L.N. Curtis & Sons, $1,925.00; Lacourse, Ella, $12.84; Lambros,
Amanda, $18.15; Lampe, Joshua, $77.57; Languell, John, $58.56; Lattin, Rodney,
$70.66; Lee, Carol, $30.63; Leigh, Melina, $55.72; Lemus, Juan, $68.44; Leon,
Abigail, $34.04l Les Schwab Tire Centers Inc., $698.36; Lewis, Christy, $1.10;
Lewis, Darla, $87.46; Lewis, David, $93.21; Lewis, Lane, $87.87; Lewis, William,
$26.62; Libri System, $3,401.68; Licano, Isaac, $76.65; Lifemap Assurance
Company, $2,961.42; London, Wanda, $91.46; Lopez, Rigoberto, $29.48; Lopez,
Xyesenia, $84.34; Louder, Craig, $46.78; Lough, Cwenna, $30.28; Lujan, Cherie,
$85.86; Lyn Distributing, L.L.C., $399.80; Macias, Bernardino, $77.22; Maddox,
James D, $31.23; Malagon, Jessica, $3.14; Marin, Maria, $59.04; Markus,
Katherine, $133.28; Martin, John, $30.80; Martinez, Annabelle, $15.68; Martinez,
Cirenio, $40.89; Martinez, Yolanda, $26.43; Martinez-Rodriguez, Monica, $68.36;
Mcbride, Lee, $23.72; Mcmillan, Maria, $36.53; Mcneeley, Eric, $92.20;
Mendoza, Ana, $37.91; Metcalf, Patricia, $108.78; Metcalf, Patricia - Library
Director, $76.47; Meyer, Herbert, $82.25; Mikey's Refrigeration Inc., $188.00;
Miller, Brian L, $81.98; Monahan, Zoe, $99.34; Monge, Anthony, $14.24; Moore,
Kody A, $78.75; Moralez, Enrique, $8.83; Morgan, Donald, $52.64; Morley,
Larene, $14.00; Morris, Brittne, $29.32; Mower Office Systems, $355.48; Mph
Industries, Inc, $331.90; Murillo, Blanca, $22.07; MV Labs Inc., $3,260.00; Myers,
Natalia, $9.65; Myhre, Matthew, $57.47; Napa Auto Parts, $691.77; Narvaez, Jose,
$74.51; Navarro, Marco, $25.66; NCPERS Group Life Ins C356, $240.00;
Newsweek, $25.00; Nieto, Celia, $20.84; Norris, Tyler, $97.66; Northside Canal
Co., $19.42; Northside Implement Co., $3.41; Nunnally, Waide, $86.33; Office Of
Water Programs, $885.00; Oke, Nicole, $21.96; Oliver, Joey, $36.20; Olson,
Ronnie, $277.40; Paceley, Russell Jr, $28.23; Pacificsource Administrators, Inc.,
$6,783.85; Page, Betty, $98.82; Pascual, Guillermina, $65.79; Peluso, Jennifer D,
$83.28; Perez, Estefania, $58.59; Perez-Zamora, Jaime, $27.28; Personnel Plus,
Inc., $3,327.10; Peterson, Julie, $4.72; Phillips, Bryce, $79.90; Pierce, Jeremy,
$78.79; Pipeco, $91.52; Pitney Bowes Inc., $351.00; Platt, $921.56; Porter, Jason,
$24.5; 2pratt, Justin, $59.80; Prescott & Craig, $121.80; Promesa Enterprises, Inc.,
$185.50; Psi Environmental Services Inc, $12,856.65; Purcell, Gail, $51.86; Reil,
Susan, $113.81; Rheuby, Daniel, $76.61; Richey, Darci, $18.56; Ricoh USA, Inc,
$86.26; Robinson, Heath, $60.03; Rocha, Antonio, $117.52; Rocky Mountain
Supply Inc., $1,908.75; Rodriguez, Luterio, $42.30; Rodriguez, Monica, $6.01;
Rodriguez, Rcardo, $14.41; Rodriquez, Salvador, $16.08; Ron's American Car
Care Center, LLC, $1,023.92; Rosales Bon, Laura, $41.66; Ross, Kenneth, $46.34;
Ruelas, Faustina, $67.55; Sabia, Shardai, $48.42; Salas, Melissa, $55.39; Salasar,
Jose, $68.46; Saltus Technologies, $3,291.48; Salvatierra, Xochitl, $52.43;
Sanchez, Juan M, $43.23; Sanchez, Nancy, $36.47; Sawtooth Veterinary Services,
$300.00; Schrum, Patricia A, $42.74; Shaffer, Courtney L, $82.35; Signed Sealed
& Delivered, $15.38; Sill, Courtney, $51.22; Silvers, Jacob, $56.98; Simerly,
Dorothy, $5.55; Sitter, Lori, $75.37; Skidmore, CJ, $10.52; SKM, Inc., $1,891.44;
Snake River Veterinary Hosp, $50.00; Snare, Shaun, $75.82; Soria, Ana D, $74.30;
Sosa, Alberto, $65.82; Southern Idaho Solid Waste, $15,389.60; Southwick,
Harold, $19.99; Stark, Amber, $27.30; Stoker, Jamie, $16.21; Stonem, Jonathan,
$47.15; Stuckman, Johnny, $59.29; Suazo, Rosa,$11.89; Suthern, Burvis, $29.13;
Sweet's Septic & Backhoe, Inc., $1,085.00; Symbolarts Llc, $497.00; Syringa
Networks, LLC, $325.00; Tappan, Nicholas, $30.00; Taylor, Matthew, $17.05;
Taylor, Sheldon, $9.53t; Cs-The Cop Shop, $32.00; Teledyne Isco Inc, $71.50;
Telly, Alexandria, $47.32; Thiemann, James, $10.99; Thomason, Rosielein,
$46.69; Thompson, Paula, $85.81; Times News, $476.30; Torres, Aravia, $78.18;
Torres, Jose, $29.52; Trans Iv Buses, $2,500.00; Trappen, Gareth, $37.37; Treasure
Valley Coffee, Inc., $67.15; Treasure Valley Psychological Services, $500.00;
Triple C Concrete, $416.93; Trujillo, Chris, $11.71; U S Bank, $28.95; U S Bank
Credit Card, $36.80; U S Postmaster, $1,191.02; Unified Office Services, $185.14;
United States Treasury, $172.39; Univar USA Inc., $1,002.54; Us Bank Credit
Card, $6,864.08; USA Bluebook, $200.82; V & M Partsland, $335.32; Valley CoOp, $15,462.26; Veeh Property Management, $24.70; Vergara, Jennifer, $76.22;
Verizon Wireless, $2,938.48; Villicana, Maria, $37.39; VSP, $1,016.28; W.S.
Darley & Co., $360.90; Wal-Mart Community, $298.15; Walton, Travis, $14.30;
Watts, Lonnie D, $67.58; Web Impakt, $108.00; Weekes, Heather, $81.20; Wells
Fargo Financial Leasing, $86.80; Weschem Inc., $25,811.50; West, Jonathan,
$37.14; West, Jonathan B, $50.66; Westec Enterprises, $573.40; Western Waste
Services, $889.28; White Cloud Communications, $275.00; Willey, Caroline D,
$32.18; Williams, Michael, $15.58; Williams-Meservy & Lothspeich, LLP,
$8,145.49; Wilson, Christina, $76.12; Wilson, Cristina, $70.62; Wilson, Debra,
$33.63; Winzer Corporation, $179.11; Wise, Judy, $38.03; Wolverton Homes,
$23.64; Wolverton, Cheyenne, $58.99; Woods, Sara, $73, 49; Wright, Eugene,
$47.62; Yost, Jessica M.; Zee Medical, $421.50
Councilman Culver made the motion to approve the consent calendar as
presented. Second to the motion was made by Co Soto After consideration the motion
passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman
Culver, and Councilman Ross. NAYS: None.
AWARDS AND PRESENTATIONS:
Mayor Shine presented Sunnie Rogers with a certificate and gift card for
Employee of the Quarter. She received this award for being a responsible and reliable
employee. She recently assisted a fellow employee during a traumatic accident. She
delivered him to the hospital and went back and retrieved the fingertip delivered that to
the hospital as well. Mayor Shine and Public Works Director Walt Appell stated Sunnie
is always in a good mood and very reliable. He noted she is open minded and hard
working.
Chief Hall introduced Mr. Wagner and noted he comes to us from the Jerome
County Sheriff’s office. He knows the area and the people and is a welcome addition to
the force.
Mayor Shine gave the oath of office to new Patrol Officer Clinton Wagner. Mrs.
Wagner pinned our newest patrol officer.
ORDINANCE NO. 1107, BILL NO. 591:
Councilman Culver made a motion to suspend the rules and allow the clerk to
read Bill No. 591 by title only to constitute the third reading. Second to the motion was
made by Councilwoman Soto. After consideration the motion passed unanimously by the
following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Barber,
and Councilman Ross. NAYS: None.
The clerk read Bill No. 591 by title only as follows to constitute the third and final
reading:
BILL NO. 591
ORDINANCE NO. 1107
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME,
IDAHO, AMENDING CHAPTER 13.20 SEWER CHARGES AND FEES; 13.20.020:
MONTHLY CHARGES; AND SCHEDULE 13.20.060 OF THE JEROME
MUNICIPAL CODE; REVIEW AND ADJUSTMENT OF CHARGES; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, The City of Jerome provides utility for domestic wastewater services; and
WHEREAS, owners of real property being provided domestic wastewater service by the
City have ultimate responsibility for all deposits, fees, and charges for such service; and
WHEREAS, the city charges and fees require an increase in same to maintain the proper
functioning of domestic wastewater services; and
WHEREAS, the city charges and fees for domestic wastewater services reflect only the
actual cost for the provision of same and proper capital reserve accounts.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF JEROME, IDAHO AS FOLLOWS:
13.20.020: MONTHLY CHARGES; SCHEDULE:
The monthly wastewater collection and treatment service charges for each property
owner, domestic, commercial, or industrial in nature, shall be determined by the cubic
feet of water used plus a fixed monthly base fee. Monthly bills shall be sent to the
property owner. The owner of real property to which wastewater treatment and collection
services are provided shall be responsible for the payment of all deposits, charges and
fees required by this chapter which are not paid in full at the time water or wastewater
treatment services are terminated to that real property. Each owner of real property to
which wastewater treatment and collection services is provided shall receive written
notice of termination of water service to such real property at least ten (10) days prior to
the termination of such services, which notice shall also contain the amount of all
delinquent charges and fees. The following rate schedule shall determine service charges
and fees:
A. The city administrator, or his/her designee shall classify all residential, commercial, and
industrial users into appropriate user classes according to the user's wastewater characteristics.
Service charges for residential and commercial users shall be derived from the rate schedule
stated in this section:
B. SERVICE CHARGES AND FEES RATE SCHEDULE
Class 1 -- Residential, Low Strength Commercial/Light Industrial (Wastewater Strength Classification
Based on Biochemical Oxygen Demand Plus Total Suspended Solids Strength of 0-450 mg/L)
Water Meter Size
0.75" 1"
1.5"
2"
3"
4"
6"
Base Monthly Fee
$14.95 $26.58 $59.80 $106.31 $239.20 $425.18 $956.80
Usage Fee per 100 cubic feet
$2.80 $2.80 $2.80 $2.80 $2.80
$2.80 $2.80
Class 2- Medium Strength Commercial (Wastewater Strength Classification Based on Biochemical
Oxygen Demand Plus Total Suspended Solids Strength of 450-600 mg/L)
Water Meter Size
0.75" 1"
1.5"
2"
3"
4"
6"
Base Monthly Fee
$ 18.69 $ 33.22 $ 74.75 $ 132.89 $ 299.00 $ 531.56 $1196.00
Usage Fee per 100 cubic feet
$ 4.23 $ 4.23 $ 4.23 $ 4.23 $ 4.23 $ 4.23 $ 4.23
Class 3 - High Strength Commercial (Waste Strength Classification Based on Biochemical Oxygen
Demand Plus Total Suspended Solids Strength of 600-800 mg/L)
Water Meter Size
0.75" 1"
1.5"
2"
3"
4"
6"
Base Monthly Fee
$ 22.43 $ 39.87 $ 89.70 $ 159.47 $ 358.80 $ 637.87 $1435.20
Usage Fee per 100 cubic feet
$ 5.65 $ 5.65 $ 5.65 $ 5.65 $ 5.65 $ 5.65 $ 5.65
Class 4 - High Strength Commercial (Waste Strength Classification Based on Biochemical Oxygen
Demand Plus Total Suspended Solids Strength of 800-1000 mg/L)
Water Meter Size
0.75" 1"
1.5"
2"
3"
4"
6"
Base Monthly Fee
$ 26.16 $ 46.52 $ 104.65 $ 186.04 $ 418.60 $ 744.18 $1674.40
Usage Fee per 100 cubic feet
$ 7.03 $ 7.03 $ 7.03 $ 7.03 $ 7.03 $ 7.03 $ 7.03
Class 5 - High Strength Commercial (Waste Strength Classification Based on Biochemical Oxygen
Demand Plus Total Suspended Solids Strength of 1000-1500 mg/L)
Water Meter Size
0.75" 1"
1.5"
2"
3"
4"
6"
Base Monthly Fee
$ 29.90 $ 53.16 $ 119.60 $ 212.62 $ 478.40 $ 850.36 $1913.60
Usage Fee per 100 cubic feet
$ 9.55 $ 9.55 $ 9.55 $ 9.55 $ 9.55 $ 9.55 $ 9.55
For industrial users with high wastewater strength (400+ mg/L), high flows (generally
10,000+ gallons per day), and/or unique wastewater characteristics as determined by the
city administrator or his/her designee, the base monthly fee will be determined based on
an Equivalent Residential Unit (ERU) as calculated utilizing the formula below. The
usage fee will be per the user class above based on Biochemical Oxygen Demand (BOD)
and Total Suspended Solids (TSS), unless a higher rate is justified based on unique
wastewater characteristics or impacts to the city’s collection and treatment systems.
ERUs = Flow*0.00135 + BOD*0.164 + TSS*0.0324 + Phos*0.39
Flow = Average daily flow (gallons/day)
BOD = Average Biochemical Oxygen Demand (pounds/day)
TSS = Average Total Suspended Solids (pounds/day)
Phos = Average Phosphorous load (pounds/day)
For larger industries with individual discharge permits with the city, the city may
negotiate with the industry to develop a monthly base fee based on the equivalent
residential units permitted and a usage fee that is based on flow and wastewater strength
(including biochemical oxygen demand, total suspended solids, and phosphorous).
A. The monthly wastewater collection and treatment service charge for each property
owner or user, domestic, commercial, or industrial in nature, whose water consumption is
not metered shall be fixed by the city council based upon the rate established in the rate
schedule above and the cubic feet of water discharged into the collection system as
determined by the city administrator; provided, however, that in the case of single-family
residential dwellings, with unmetered or unavailable water discharge data, cubic feet
discharge shall be deemed to be four hundred (400) cubic feet per month for dwellings
with less than three (3) permanent residents, and eight hundred (800) cubic feet per
month for dwellings with three (3) or more residents.
13.20.060: REVIEW AND ADJUSTMENT OF CHARGES:
The city shall annually review the user charges for wastewater collection and treatment.
Adjustments shall be made by resolution as needed to ensure that adequate revenue will
be acquired to balance expenditures for wastewater collection and treatment and to
maintain an equitable system of user charges. (Ord. 622 §4, 1979: prior code §23-41(F)
This ordinance shall be effective following passage and publication as required by law.
PASSED BY THE COUNCIL THIS 16th day of October, 2012.
SIGNED BY THE MAYOR THIS 17th day of October, 2012.
CITY OF JEROME, IDAHO
BY: /s/ John Shine
Mayor
ATTEST:
/s/ Shonna Fraser
City Clerk
Councilman Culver made a motion to adopt Bill No 581 as Ordinance No. 1107.
Second to the motion was made by Councilwoman Soto. After consideration the motion
passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman
Culver, Councilman Barber, and Councilman Ross. NAYS: None.
Councilman Ross noted the report has been received from Keller for the
Wastewater Treatment Plant study. This rate increase study was included in the study.
He noted it is a 300 page report. The finances do balance; salaries and benefits have gone
up tremendously in five years. In the study rate increases have been projected out for the
next five years. The base rate will go up to over $42 in the next thirty-six months with
the expansion and upgrades being required. $800,000 for replacement of materials and
equipment needs to be funded. He is convinced we need to raise the rates; however he
questions if council is moving too quickly on the rate increase.
Upon inquiry by Councilman Barber if he has other suggestions rather than
raising the rates, Councilman Ross suggested tabling the ordinance for at least 60 or 30
days.
Councilwoman Soto stated this cannot be put off. This rate is absolutely
necessary to keep our city safe and secure. She stated this has been discussed since at
least February.
Discussion was held regarding employee salaries and benefits.
Councilman Barber noted council has questioned many expenditures of the
treatment plant, as well as that of the other departments. Council has been particularly
mindful of the wastewater department.
Councilman Culver noted the budget is trimmed as low as possible each year for
every department.
Mayor Shine stated over the last year there have been a large number of
wastewater engineers and our own staff members going over this detail. The experts we
hired have brought this rate schedule to council with their recommendation to pass. Even
with his own personal time hundreds of hours have been put into this issue. There have
been many review meetings held and he is not in agreement with tabling this issue at the
last minute.
Ms. Hulsey commented the allocation of internal funding has changed; this would
have skewed the salary figures.
Mayor Shine noted outside firms sometimes pick up their figures in a way that
does not make sense with data. He noted there have been two employees added,
including a superintendent. He noted he and council do not take this increase lightly; if in
fact the rate can be lowered that will happen.
Mr. Lothspeich stated the public hearing is passed; additional information cannot
be heard tonight.
Upon inquiry by Councilwoman Soto, Mr. Lothspeich reported staff is still
working on the circuit breaker program.
ORDINANCE NO. 1108, BILL NO. 592:
Mr. Lothspeich read the following information into the record to give his opinion
on the best course of action due to some procedural shortcomings to advise council and
cure a due process problem. “I would be recommending to the council tonight that the
final reading of Bill 592, Ordinance No. 1108 regarding the rezone be continued and that
the council consider reopening the public hearing in this matter for additional evidence.
Idaho Code 67-6511 governs zoning ordinances for all agencies pursuant to the local land
use planning act. Under 67-6511(b) the planning and zoning commission may
recommend to the governing board, in this case the city. After a public hearing process
amendments to the zoning map under subsection c the governing board is allowed to
analyze proposed changes to the zoning ordinances to ensure they are not in conflict with
the comprehensive plan. Pursuant to Friends of Farm to Market vs. Valley County the
governing board charged with zoning must make a factual inquiry to determine whether
requested rezone reflects the goals of and takes into account the comprehensive plan in
light of the present factual situation surrounding the request. And that factual inquiry is
done by a public hearing process. Idaho Code 67-6534 states that the governing board
shall by ordinance or resolution adopt procedures for the conduct of public hearings. At a
minimum such hearing procedure shall provide an opportunity for all effective persons to
present and rebut evidence. Idaho Code 67-6535 deals with approval or denial of
applications and be based upon standards of the governing board. Subsection 3 indicates
it is the intent of the legislature the decisions made pursuant to this chapter shall be
founded upon sound reason and practical application of recognized principals of law. In
reviewing such decisions the courts of the state are directed to consider the proceedings
as a whole and to evaluate the adequacy of procedures and resultant decisions in light of
practical considerations with an emphasis on fundamental fairness in the essentials of
reasoned decision making. Jerome Municipal Code 17.90.101 deals with public hearings
and states “every land use decision and action for which notice is provided for below.
Both the commission and the council shall hold a public hearing in which interested
persons shall have an opportunity to be heard. No notice of a council hearing shall be
given prior to receiving a recommendation from the commission where required.
Following any hearing, if the material changed from what was advertised in the notice
and presented at the public hearing as proposed, further notice and hearing shall be
provided before the final decision is made.
Mr. Lothspeich stated a seminal case dealing with procedural due process is
Marsha Turner LLC vs. City of Twin Falls. In that case the Supreme Court ruled that the
due process clause entitles a person to an impartial and disinterested tribunal. Decisions
by a zoning board applying general rules or specific policies to specific individuals,
interest or situations are quasi-judicial in nature and subject to due process constraints.
When acting upon a quasi-judicial zoning matter the governing board is neither a
proponent nor an opponent of the proposal at issue but sits instead in the seat of a judge.
He noted there is more Supreme Court precedent that he won’t read.
On Sept 18th the Bill number 592 was presented for rezone. A public hearing was
held and the landowners presented the application and their side; other interested citizens
testified as well and the hearing was closed. Subsequent to that hearing additional
information was submitted to council; there is no judgment of wrongdoing; it is simply a
matter of constituents giving some information to council members. The applicant has
now requested to provide additional information. The public hearing under council’s
governing ordinance closed on September 18, 2012. However, some additional
information has been provided. Pursuant to Idaho Code 67- 6535 to be able to cure
additional evidence it would be most prudent to re-open the public hearing for additional
evidence, let anyone testify regarding their respective position first, close the hearing,
there would be no additional evidence, and then the council could reconsider the final
reading of the ordinance. He believes this would be the best course of action at this time.
He noted he has met with the land owners who are in favor of that resolution as well on
the basis that they certainly have procedural due process concerns as the land owners.
Anyone else that is an effected person would have a right to testify if the council agrees
to reopen the public hearing.
With no opposition from council a public hearing will be scheduled for the next
meeting and the third reading to be heard thereafter.
Mr. Lothspeich reported he will be providing information pursuant to the local
land use planning act and the respective relevant portions. He will consult with AIC to
assure all necessary training is completed.
Mayor Shine agrees he and council as well as staff need additional training to
avoid these problems.
MEETING TIME AND DATE DUE TO ELECTION DAY:
Council will have a special meeting on October 30th and no meeting on the
regular meeting date of November 6, 2012 due to the election.
APPROVAL TO REPLACE THE CONCRETE WALKWAY ON WEST 3RD:
Mr. Appell stated the replacement of the current concrete walk way at the
school’s Administration Building is part of Exhibit A in the Agreement for Sale and
Purchase of Real Property between the City Of Jerome and the School District. This as
well as other commitments to the School District from the City were supposed to be
completed by October of 2012. All labor will be done in-house.
Councilman Culver made the motion to approve replacement of the concrete walk
way on West 3rd at a cost of $2,500. 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.
APPROVAL TO REPLACE WATER LINE ON WEST 3RD:
Mr. Appell stated the existing 6 inch water line between North Lincoln and North
Birch on West 3rd is in need of replacement due to age and type. The Public Works
Department is preparing to reconstruct the sidewalk, curb and gutter, the ramp going into
the school’s Administration Building on the south side, the irrigation system on the north
side, and reconstruct the roadway. By replacing the water line it will keep the city from
having to return and cut and patch a trench within the newly constructed roadway due to
a water line failure.
Councilwoman Soto made a motion to approve replacement of the 6-inch water
line on West 3rd at a cost of $51,709.61. 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.
PERSONNEL TRAINING – POLICE:
Councilman Culver made a motion to approve the attendance of Sergeant Jay
Gardner at the Incident Command System Train-the Trainer Course at the National
Emergency Management Institute October 29-November 1, 2012.at a cost not to exceed
$246.00. Second to the motion was made by Councilwoman Soto. After consideration
the motion passed unanimously by the following vote: AYES: Councilwoman Soto,
Councilman Culver, Councilman Barber, and Councilman Ross. NAYS: None.
Chief Hall explained this is a FEMA course and all expenses except meals will be
paid by FEMA. He stated the course will allow Sgt. Gardner to teach the 300 and 400
level courses to others in the community.
PERSONNEL TRAINING – POLICE:
Councilwoman Soto made a motion to approve the attendance of Sergeant Duane
Rubink and Detective Patrick Wilson at the PATC Western States Training Conference in
Las Vegas, Nevada November 26 through November 30, 2012 at a cost not to exceed
$2,659. 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.
Chief Hall stated with the departure of Detective Kennedy from the department
last year there is a lack of training in the department for investigations. Detective Wilson
has been promoted to that position and will be attending the new detective course during
the conference. It is a five day course and covers basic criminal investigation and crime
scenes, injury and death investigations, sex crime investigations, supplemental and
robbery investigations, property crime investigations and several other topics. This
course is of great benefit to new detectives. Sgt. Rubink will attend a drug investigators
course. The request covers all costs for the five day training.
Councilwoman Soto asked for the two officers to report back to council regarding
their training experience.
CITY FUND REVENUE/EXPENSE REPORT:
This report will be heard on October 30th.
COUNCIL REPORTS:
Councilwoman Soto inquired if a staff member will be going to Rotary in Officer
Kennedy’s stead. Chief Hall will begin attending those meetings.
Councilman Ross thanked Mayor Shine for judging the chili contest at the
American Legion.
Mayor Shine noted he was invited to be a judge for the chili cook-off. He stated
with two chili recipes to judge he chose chili #1, which happened to have been prepared
by Councilman Ross. He also emceed the Gutter Gussies bowling tournament and had a
great time with some amazing women. He noted you have to have bowled a 275 to be a
member.
Mayor Shine reported there has been a lot of discussion and meetings regarding
city health insurance. At this time our insurance company, III-A is in jeopardy. It is
uncertain if any of their proposed solutions will come to fruition. Number one priority is
to have continuity with the employee’s health coverage.
Ms. Hulsey noted III-A has been given 90 day notice to be in compliance with
financial statements and funding. There will be a board meeting on October 30th in
Eagle. Jerry Miller with the Gem State Prospector will meet in council chambers
Thursday at 10:00 to assist realtors with logging vacant properties etc. This is a program
where realtors can go in and log vacant properties or land. This site is provided by the
state at no cost to assist business and economic development. She reported on the ICMA
conference she attended. She ran her first 5K race. She brought back a lot of material
and contact information for many different vendors. She commented there were many
courses to choose from. ICMA will provide the virtual courses for free on line.
Economic Development is a virtual conference that we can look at for free. She noted
she is one of the authors of Publication of Women in City Management Positions. She
read the ICMA Credential Manager award she achieved.
Mayor Shine thanked Kathy for running the computer. She will be doing that
every meeting now.
ADJOURNMENT:
There being nothing further to discuss, this regular meeting of the Jerome City
Council adjourned at 6:48 p.m.
John Shine, Mayor
Attest:
Shonna Fraser, City Clerk