HomeMy WebLinkAbout02 06 1979 CM COUNCIL MEETING MINUTES 19
FIRE PROTECTION
February 6, 1979
Minutes of a special council meeting held in the city municipal building
February 6, 1979.
Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A.
Kinghorn, Earl L. Romriell, Attorney Donald L. Burnett, Jr., Engineer Steven
M. Smart, City Clerk Vera C. Armstrong. Councilman LeRoy S. Quick excused.
Meeting called to order at 7:10 p.m. by Mayor Cotant.
Purpose of meeting is to discuss fire protection in Northern Bannock County
mith residents from area.
Mayor Co,ant thanked those present for their attendance and interest in this
fire protection consideration. Mayor said the city was considering answering
fire calls in North Bannock County at the minimum cost of $250.00 per call.
Mayor also proposed a time limit of May 1, 1979 for answering calls, stating
further that the city did not want to get into the brush fire call season.
Mayor said that this proposed action by city is taking pressure off the
county and the city don't want service to lag into any extension beyond
this time, that the city feels 90 days will allow time for county to set
up for fire district election.
John Spanbauer informed mayor and council that $1,000 is available in an
escrow from voluntary contributions to be used as a guarantee fund.
Mr. Anderson, Mrs. Powell, Pocatello Creek Road said they would be glad to
participate in this escrow fund. It was questioned if more than one escrow
fund '~hould be established. Attorney Burnett said it would be easier to
administer one escrow fund with possibly one custodian assigned to administer
the funds.
Count~ Commissioner Vernal Horton informed mayor and council that February 28
had been set as the first hearing meeting on the fire district.
Fire Chief Dennis Jones told council that false alarms, brush fires and dry
run-calls can be expensive and asked who will stand cost of these fire calls.
Mayor Cotant said it appears the city will need to stand some of this.
Commissioner Horton requested the Buckskin saddle area ~nd also the Mink Creek
area also contribute to an escrow fund for this protection.
Attorney Burnett told those present the city has provided service by contract
with another governmental entity Up to this time, that the city is now talking
about the council considering extending a service that is not provided for by
law and in so doing, the city is taking substantial legal risk in order to
alleviate what it thinks is a morally bad situation of people being left without
service. The only possible legal justification of the city doing what it is
considering to do rests in a Colorado supreme court case decided some years
ago allowing that cities have the inherent power to provide extra territorial
services where it would serve the municipal interest to do so~ 'Based-on that
and at the request of mayor and council, Attorney Burnett said he has prepared
a resolution which recites the city finds and declares that providing services
within North Bannock County, much of which is Within the area of city impact
would serve the municipal interest. Attorney Burnett told mayor and council
the city should understand they are taking a risk, and advised city that it is on
tenuous legal grounds to provide this service.
21
RESOLUTION 1-79 - authorizing the Chubbuck Fire Department to respond to
calls from North Bannock County for fire protection services upon certain
conditions was read in full by Mayor Cotant.
Attorney Burnett informed council that no fee or termination date has been
set in resolution as the council can pass another resolution terminating
services at a later date.
Councilman Romriell asked if the $250.00 would cover the cost involved in
this fire protection.
Attonrey Burnett said the cost of $250.00 was supplied by Fire Chief Jones
and would be considered a marginal cost.
Councilman Kingorn said the city had taken into consideration that any fire
within the next 90 days would be a house fire, the city feels they could
give the people in North Bannock County this protection during this time,
however, when brush fire season starts it would leave the city in a hazardous
condition to continue the protection.
Councilman Fullmer asked about the administration of escrow fund. Councilman
Fullmer noted that the insurance companies have a time lag involved in
paying for claims and that he proposed a larger escrow fee of approximately
$3,000 to be more logical. Councilman Fullmer also stated he had a real
concern about insurance liability coverage on this additional extra-territorial
exposure and that the city should contact Kruse Insurance concerning this.
Mayor Cotant said the city had always been in favor of the forming of fire
districts for fire protection.
FranklBietia, Tyhee, commended city council on their efforts to provide fire
coverage at this time and for their past coverage. He told of the city fire
department answering a call at his home for which he is very appreciative.
Mayor Cotant suggested the Bannock County residents name a custodian to
administer the escrow funds. The Bannock County residents asked for some time
and unanimously named and voted John Spanbauer as chairman, Mr. Anderson as
co-chairman and Mrs. Powell as secretary treasurer.
A method of billing for this protection was discussed.
Councilman Fullmer said it is evident the city has good faith in pursuing
this fire protection, however, the city does have this devastating problem
of liability insurance coverage, and he suggested that city should not
act without this question answered.
Mayor Cotant asked council their feeling about adopting resolution subject to
clearance of liability insurance coverage.
Attorney Burnett told mayor and council it would be preferable to just pass
resolution, that it would be better than passing conditionally, that the
city may meet and unresolve this service at any time.
A short recess was called to make some telephone calls concerning insurance
liability.
Upon resuming meeting, Attorney Burnett reported that fire protection districts
have the statutory authority to contract with other areas, that the Eastern
Power County Fire District could contract with North Bannock County residents
and then Eastern Power County Fire District could contract with the city.
Mayor Cotant reported that Idaho Falls has fire districts, so does not
have any problem with liability coverage.
Councilman Fullmer reported that there may be no' problem with liability,~
but Mr. Ron Howell will need to go to company for further clarification
of the insurance liability coverage.
After further discussion, Councilman Fullmer moved to table this matter
of fire protection to ano.ther date so that these liability questions can
be answered. Councilman Kinghorn seconded motion. Voting was unanimous
in favor of m~ ~ - ·
Mayor Cotant instructed Fire Chief Denny Jones that until the insurance
liability question can be answered he recommended the city not answer
any calls,
Mayor Cotant suggested that Mr. Spanbauer contact the Eastern Idaho Power~
County Fire District and ask if a contract Can be worked out with them.
Attorney Burnett said he hoped the answers received by Mr. Spanbauer and
residents of North Bannock county ~thin the next twenty four hours are
favorable.
Meeting adjourned at 9:05 p.m.
Vera C. Armstrong, City Clerk