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HomeMy WebLinkAbout03 07 1979 CM37 COUNCIL MEETING MINUTES FIRE PROTECTION March 7, 1979 Minutes of special council meeting held in the city municipal building March 7, 1979. Present: President of the Council, Dwain A. Kinghorn, Councilmen Boyd L. Fullmer, Earl L. Romriell, Attorney Donald L. Burnett, Jr. and Deputy Clerk Dorothy L. Ward. Mayor John 0. Cotant, Jr. excused. Meeting called to order at 9:27 p.m. by President of Council Kinghorn. This special meeting of the city council was conducted pursuant to call of all councilmen for the object of considering an offer from Bannock County to enter into a contract for fire protection services. All councilmen were in attendance. Mayor Cotant being absent, the meeting was called to order by the President of the Council Mr. Kinghorn. Mr. Kinghorn read to the council the offer made by the county, as transmitted by Commissioner Horton to the Chubbuck Deputy Clerk. Attorney Burnett asked that offer be attached to minutes. Attorney Burnett reviewed the standards that should be set forth and the policy the city should follow. Boyd Fullmer asked if the city would be on call if offer is accepted tonite. Councilman Fullmer said he had inquired about the city's insurance coverage. He said the city is covered while fullfilling contract outside city. Attorney Burnett informed the council in his opinion once the offer is made and accepted; and the acceptance is communicated back to the offerer, which is Bannock County, the contract comes into existence.At that time council would instruct the fire department to begin answering calls. Councilman Quick said.one problem with this is that it relates to being computed on basis of last contract. The last contract was for $25,000.00, new contract to be negotiated this year, which it was not established as a contract was for $30,000.00, of which the first portion, $10,000.00 was all they had from the previous budget and we computed that on a $2,500.00 per month and carried it out for a four month period. Bannock County paid the $10,000.00 which they had. On the basis of last contract, he said he wished he knew if this paid the bill. Councilman Fullmer noted the wording of motion of Commissioner Horton is the key, city did not have written contract; but because city offered services and they paid the money, looking at last contract as legal. Attorney Burnett replied when he had talked with Mr. Horton he had told him, in his opinion, there had to be a fee set, or a basis for computing the fee and that Mr. Horton had indicated he would work out the last contract. Attorney Burnett had told Mr. Horton in the meantime an offer should be made. Attorney Burnett said the only -other thing really lacking [rs ] time element.,in the motion. * addition *were and geography /` j Councilman Quick asked what the unconditional offer would be. Attorney 39 Burnett said it means � *addition an offer not con- pressed Since no time frame was established, every one was an offer upon later pressed for time and wanted to get it done, and not another night go approval of the by, he believes when contract reduced to writing, a time frame could county attorney. worked out. The city should be be able to presume Councilman Romriell said he had several areas of concern. Are they, that the offer was the county, paying their share of costs. What percent of fires are legally authorized. being fought in the county. Wear and tear on the equipment and the double crews that are being used. Is the city subsidizing the county. He said he had no doubt that fire department was better because of fighting county fires. Councilmen Kinghorn informed the council that Bannock County had pur- chased three fire trucks and had placed them in Downey, McCammon and ChubbuBk to help fight county fires. He said he felt the City of Chubbuck should eonfined the the north end of county, possibly could include the Mink Creek Area. A general discussion followed on a number of issues, which included: 1. Do we have an agreement with Pocatello. 2. Are there any mutual aid ageements. 3. What percent of fire fought are in county. 4. Effectiveness of service by going south in county. 5. Wear and tear on equipment. 6. Possibility of starting services than cutting them off. 7. The need of double crews. Councilman Fullmer stated that looking at costs, they probably need to re- evaluate the $30,000.00 figure for another year and study it thoroughly. Although a contract did not materialize the payment for a four month period did materialize &L-bas_rs trF fires -frtrt h] The city does need to re- evaluate periodically what costs are. *addition: for services provided by city in the four month period. Councilman Quick inquired if any problem in entering into an ageement based on county commissioners motion. Does the city need to have a time element as part of contract itself. Attorney Burnett said there are two or three areas of ambiguity in the motion presented by Commissioner Horton. The question is does the city want to take the chance if some dispute arises in order to'provide fire proctection. He said the county Far- -4ty-1coul d [esci -tai the offer or *addition the city could make a counter offer. amend with Attorney Burnett prepared a letter to Bannock County Commissioners Laffer=i49 *additip,� a counter offer, clarifying the city councils position on fire 1 protection within the county. Letter attached to minutes. the counter offer *addition Councilman Fullmer made motion forT clarificatio4 to be sent to County "— Commissioners. Seconded by Councilman Quick. Roll call votes was taken. Quick, yes; Fullmer, yes, Romriell, yes; Kinghorn, yes. It was the consenus of the council that fire protection would begin immediat le y,�Qn,, receiving word frc rt��&nnock County Commissioners the had o- the clarificklion-no ice. Object of meetin g bein g addition satisfied, Councilman Quick made motion to adjourn at 11:20 p.m. V, ng wa-s—unan ih n r �� W►� . �3, I�l �X oC ckNced Dorothy L. A rd, Deputy Clerk Dwain A. Kingh rn, President of Council J CALL OF SPECIAL MEETING CHUBBUCK CITY COUNCIL Pursuant to Idaho Code section 50 -7061 the undersigned members of the City Council of the City of Chubbuck, Idaho, hereby call a special meeting of the City Council to be held at the Chubbuck City Offices, 5160 Yellowstone Avenue, at the hour of 9 :00 P.M., on this date, the 7th day of March, 1979• The object of the special meeting shall be to con- sider acceptance of an unconditional offer extended by Ban- .y nock County to contract for fire protection services. rillplIzON b / ,& ' NOTICE OF SPECIAL MEETING TO: MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO Pursuant to the call set forth above, notice is hereby given of a special meeting of the Chubbuck City Council at the time and place, and for the object, recited in the call. Vera C. Armstrong, Chubbuck City Clerk: by Dorothy Ward, eputy Clerk ACKNOWLEDGEMENT OF NOTICE The undersigned members of the Chubbuck City Council hereby acknowledge receipt of notice of the special meeting set forth above. kint4t;v/4—'V44em Dwain Kingho / WAIVER OF NOTICE I hereby waive pri6r notice of t1le fgregoa'419 spec' meeting Date John 0. Cotant, Jr., Mayor i City of Chubbuck 5160 Yellowstone Y,a, CHUBBUCK, IDAHO 83201 ' March 7, 1979 Board of County Corr, ,iissioners of Bannock County Bannock County Courthouse Pocatello, Idaho 83201 Gentlemen: We acknowledge receipt of your offer on this date, to enter into a contract for fire protection services. Due to the pressures of time, we recognize that you were not able to include particulars terms in your offer, which would provide a basis for reducing an agreement to writing as required by statute. In order to expedite matters, in the interest of Bannock County residents, the City of Chubbuck extends the following clarification offer: 1. The City shall provide fire protection services in that area commonly known as "North Bannock County" which is co- extensive with the boundaries of School District No. 25. The City may enter into mutual aid agreements with other municipalities to assist fire protection efforts in the southern portion of the County. 2. The City shall receive, for fire protection services, payment based upon an annual rate of $30,000.00. This is the same rate upon which payments for services just prior to February 1, 1979, were computed. 3. The duration of this agreement shall be the same as the County eventextend 1979. event ext Y This clarification offer is being hand - delivered to you for immediate consideration the morning of March 8, 1979. If you accept the clarification offer, and promptly give the City notice of this fact, a contract will come into existence at that point in time; and the Chubbuck Fire Department will begin responding to fire calls. The contract should be reduced to writing without Prosecuting Attorney submit a proposed City prop Attorney as soon as possible. We are happy to join you in resumi Dwain Kinghorn,�iunci�lman ABoyFmer, Co ncilman ng this,most important service. �ar om r i e I I , Co n lman r LeRoy Qui Cou 'lman