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Home My WebLink About03 09 1979 CMCOUNCIL MEETING MINUTES 41 March 9, 1979 Minutes of a special called meeting of the council held in the city municipal building, March 9, 1979. Present: President of Council Dwain A. Kinghorn, Councilmen Boyd L. Fullmer, LeRoy S. Quick, Earl L. Romriell. Mayor John 0. Cotant, Jr. was excused. Meeting called to order at 5:00 p.m. by President of Council, Dwain A. Kinghorn. Purpose of meeting: To consider any new development concerning fire protection in the northern Bannock County. President of council Kinghorn said he felt a problem of great weight was before this group and he felt they should meet to consider any new development concerning fire protection in northernBannock County. County Commissioner "Doc" Horton asked if Chubbuck would respond to fires on a per call basis, stating, the commissioners passed a resolution to enter into an emergency unconditional offer to Chubbuck to contract for fire services. At the special meeting held Wednesday, March 7, the council responded to the county Commissioners with a counter offer, clarifying terms of a proposed contract, to which the county have not responded back to the city. The Council, Commissioner Horton, and Bo Wyley, KWIK Radio, called Attorney Garth Pincock on the telephone and asked him if the county could pay for fire calls on an emergency per -call basis, because of the resolution passed earlier in the week by the county commissioners. Attorney Pincock said it would not be proper for him to present the situation over the telephone and asked that they please wait until Monday and he would then present a brief, and document his position. The Council, Commissioner Horton, and Bo Wyley, KWIK Radio, then telephoned Attorney Burnett and asked him if the city of Chubbuck could reconsider the unconditional offer of the Bannock County commissioners and provide interim protection even though the contract offer of Chubbuck had not been responded to. Attorney Burnett told the council and others calling him that if the county commissioners lacked authority for the original offer, they also lack authority to respond to the city's offer and that there is no contract where they have failed to respond. Attorney Burnett added that the city of Chubbuck is not covered by insurance unless the city is in contract. Councilman Fullmer asked Attorney Burnett if the Bannock County fire truck was operated out of the city location by citizen volunteer firemen, would there be any responsibility to the city. Attorney Burnett answered that if any volunteers respond to a fire call and desires to serve the public, that they should understand that none of the protection of the city laws go with them. Attorney Burnett added that if the Fire Chief thinks the protection to the county does not adversely affect the city fire protection, it could probably be done. Attorney Burnett offered to prepare a letter to present to all firemen that respond to a county fire advising them that they will not have any rights, entitlements or privileges of Chubbuck firemen while serving as citizen volunteers. A copy of this letter is attached to these minutes. In further discussion, Commissioner "Doc" Horton said he planned to release the county truck to respond to any fire calls that might be received by the county, but if it was an inconvenience or created any ill will with Chubbuck, he would be reluctant to set up a volunteer protection plan. Councilman Kinghorn told Fire Chief Denny Jones that all firemen should be presented with the letter that Attorney Burnett is preparing and that Chubbuck fire equipment should not be used in this volunteer plan. Chief Jones said he understands this and agrees. Councilman Romriell moved,Quick seconded, with council approval to adjourn the meeting at 6:45 p.m. iM af PrWe- a-� `{'Ycrci� Z7� Iq-7,5i in `c S CokAc,� MeeP !1 Dwain A. Kinghorn, President of Council Vera C. Armstrong, City Cl -&'4k 43 �o 0 U � r-i 0 z Cr fi SL c Z =- = o C M CL C J. O `+m0- C+ -5 J. 0-0- CD N J. M N SL S < M "5 C M 'T M O" sz N M o M CF Q fi s J• J• O to M C y M =- h = cF -S c+ V) O �G CF Sv O u C+ Cf O J• 00 N :E ;T- 0 CD J• O < Cf fi O M O CF S Z M C M O Al M O n J. J. N J << SL CF C) M O O T� CF CO J. = =r O" 0 M O 0" Ch J. =5 C+ (M O O -T7 CF C) 0--5 T. M Sv 3 -z c') s cn J. O • C-+ N C SL CD = S CF • CF O J• C< .S O CF Z M e ARNOLD J. STONE Chief of Police ,wJ B B U CK POLICE DEPARTMENT 51•!50 .'►ye) lowstone CHUBS Cf<,�iDANOO83201 Phor;e.237 -�' 172 Emergency 237 -0770 March 9, 1979 TO ALL FIREMEN OF THE CITY OF CHUBBUCK: The City is informed that efforts are being made to utilize the services of citizen volunteers to fight fires in unincorporated areas of Bannock County, until the current issue over fire protection is resolved. Organ- izers of this effort may be contacting you. If you are contacted, the decision on whether or not to participate is strictly your own. So long as the City's own fire protection needs are being met, the City has no reason to take any position on the matter. However, all firemen should be aware that persons participating in a citizen volunteer force: - Will not have any rights, entitlements or privileges of Chubbuck firemen while serving as citizen volunteers. - Will not have the benefit of any Chubbuck compensation or insurance programs while serving as citizen volun- teers. - Will personally bear the risk of any injury, claim or liability arising from service as citizen volunteers. - Will not utilize Chubbuck equipment while serving as citizen volunteers. A copy of this notice is being delivered personally or to the home or business of each member of the Chubbuck Fire Department. CITY OF CHUBBUCK: by Firb Chief CALL OF SPECIAL MEETING CHUBBUCK CITY COUNCIL Pursuant to Idaho Code Section 50 -706, 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 4:30 p.m., on this date, the 9th day of March, 1979. The object of the special meeting shall be to consider any new.development concerning fire protection services in no ern Bannock County. Dwain A. Kingh ' n Boyd Fullnier 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, City Cle ACKNOWLEDGEMENT OF NOTICE The undersigned members of the Chubbuck City Council hereby acknowledge receipt of notice of the special meeting set forth above. Cti � Lo•�5. --�� wain A. Ki g n C• ,sell Earl L. Romridll r LeRoy S. Ofjick WAIVER OF NOTICE I hereby waive prior notice of the foregoing special meeting. / f i Date John 0. Cotant, Jr., M yor