HomeMy WebLinkAbout01 27 1998 CMA"-% 13
Council Meeting Minutes
January 27, 1998
Minutes of a regular meeting held at the city municipal building on, January 27, 1998.
Present: Mayor John O. Cotant, Council members Leroy S. Quick, Marvin C. Gunter, W. Dean
Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City
Clerk Ron C. Conlin. Councilman Steven M. England was excused.
Meeting was called to order at 7:30 p.m. by Mayor Cotant
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to Special
Meeting Minutes of January 13, 1998, Regular Meeting Minutes of January 13, 1998 and
Special Meeting Minutes of January 20. 1998.
Councilman Wood moved to approve Special Meeting Minutes of January 13, 1998 as
read. Councilman Gunter seconded. All council members present voted in favor of
motion.
Councilman Gunter moved to approve Regular Meeting Minutes of January 13, 1998 as
read. Councilman Wood seconded. All council members present voted in favor of
motion.
Councilman Quick moved to approve Special Meeting Minutes of January 20, 1998 as
read. Councilman Wood seconded. All council members present voted in favor of
motion.
CODE VIOLATION APPEAL - EMMETT AND VALORIE HADDOCK - Emmett and Valorie
Haddock, 529 Bluebird were put on notice that their animals will be impounded if they
do not remove them or otherwise get them out of the City of Chubbuck on or before,
January 26, 1998. Mr. and Mrs. Haddock have had continuing reasons why they do not
clean up the excrement on a routine basis, however, the City of Chubbuck does not have
the time and resources to police Mr. and Mrs. Haddock's yard.
Mr. and Mrs. Haddock were told they could appeal the notice of violation by requesting
the City Council conduct a hearing.
Valorie Haddock stated she felt the complaints the City received, amount to a personnel
'^ vendetta. Mrs. Haddock explained Ms. June Johnson complains about everything. Mrs.
Haddock felt her and her husband complies with City Ordinance. Mrs. Haddock stated
she was ill in January, and could not clean the yard. Mrs. Haddock stated she has
installed a fence.
15
APPEAL OF CODE VIOLATION - EMMETT AND VALORIE HADDOCK - (cont.)
Jerry Fetzer, Best Friends stated Mrs. Haddock's animals are all up to date on shots and
licensing. Mrs. Fetzer stated Mr. and Mrs. Haddock are complying with City Code.
Officer Jim Phelps stated he has been called to look at the code violations several times,
there are problems. Officer Phelps presented several pictures taken of the code violations.
Officer Phelps stated the Haddock's could have been cited earlier, but June Johnson tried
to get along with her neighbors. Officer Phelps stated, all June Johnson wants is Mr. and
Mrs. Haddock to keep their yard cleaned of dog fecal matter. Officer Phelps suggested
the yard be cleaned up every other, or every third.
Jean Fullmer, Blackfoot said she felt there was a problem that should be cleaned up.
Mrs. Fullmer stated she felt Mrs. Johnson complains about everything.
The Southeastern District Health Department examiner conclusion is: Haddock's yard is
nuisance regarding odor and potential vector control problem in warmer months of the
year.
June Johnson, 535 Bluebird explained all she wants is the Haddock's property at 529
Bluebird be cleaned up.
Gloria Shannon stated the Haddock's property should be cleaned up on a regular basis.
Councilman Quick stated, after looking at the pictures he was appalled. Councilman
Quick stated an animal owner has to take the responsibility of clean up. If they do not,
the animals should be removed.
Sheryl Forsgen stated the Haddock's property should be cleaned up on a regular basis.
Mrs. Haddock said the yard is in good shape now, now that well she is willing to keep the
yard clean of fetal matter on a regular basis.
Signe Peterson, Chubbuck Animal Control Officer stated she has been called to the
Haddock residence on several occasions. The Haddock property needs to be cleaned on a
regular basis.
Councilman Gunter stated, reviewing the pictures the property needs to be cleaned on a
regular basis.
Councilman Quick made a motion to allow Mr. and Mrs. Haddock keep their dogs,
subject to requirement of Mr. and Mrs. Haddock cleaning up excrement on a weekly
basis, and more if needed. The animals will be impounded if the requirements are not
followed. Councilman Wood seconded. All council members voted in favor of motion.
•--• 17
BUSINESS LICENSE APPLICATION - Efrain Brambila, 115 Roosevelt, dba El Herradero has
applied for license to sell tacos from his truck at the Green Triangle Parking Lot.
Police Department recommended approval of the business license application.
Councilman Wood moved to grant Efrain Brambila, dba El Herradero a business license
to sell tacos at the Green Triangle Parking Lot, ( the south side of Yellowstone Ave.).
Councilman Gunter seconded. All council members present voted in favor of motion.
CONCERNS ABOUT REASSIGNMENT OF FIRE CHIEF AND FIRE TRAINING OFFICER -
Sheila Griffiths, 168 Jacob was present to express concerns about the way the
reassignment of Fire Chief and Fire training officer was made.
Mrs. Griffiths stated something is wrong when employees are demoted or reassigned to
another job and they have no idea it was even coming, or what they did to merit the
change. Because they were never told they were doing something wrong and given the
chance to learn from their mistakes and right the situation. Mrs. Griffiths stated it helps to
eliminate a lot of problems when things are written down. Mrs. Griffiths stated the
residents of the City present would like assurance that the Employee policy will be
followed in the future.
City received a letter from Bill McKee, 140 Evans giving Merlin Miller a good
recommendation.
Most of residents present at the meeting expressed concern the City did not follow
procedure required by City Personnel Policy, and stated the City should follow procedure
in the future.
Mayor Cotant stated, Merlin Miller has filed an appeal and grievance for review of the
City Council. Mayor Cotant assured residents the appeal and grievance received by
Merlin Miller will be reviewed. City Personnel Policy procedures will be followed in the
future.
BIDS - TRACTOR AND MOWER - PWD Smart stated after looking over the bids received and
doing follow up research PWD Smart felt the lowest bids are reasonable and the
equipment will be a very good investment for the City. The tractor is just about new and
will give many years of hard work.
After discussion, Councilman Gunter moved to accept the bid from Agri- Services, Burley
for $23,400.00 for a Massey Ferguson Tractor delivered to the city work ready and the
bid from Mini - Cassia Equipment, Heyburn at the cost of $4,637.00 for Rhino Model
DB 150 Mower which includes all shipping to the city. Councilman Wood seconded. All
council member present voted in favor of motion.
19
PRESIDENT OF COUNCIL APPOINTMENT - Mayor Cotant presented Councilman W. Dean
Wood's name for President of Council in 1998.
Councilman Quick moved to accept Mayor Cotant's appointment of President of Council
in year of 1998. Councilman Gunter seconded. All council members present voted in
favor of motion.
ORDINANCE #480 - Annexing certain lands to be included within the boundaries,
and jurisdictional limits of the City of Chubbuck.
Attorney Holmes read Ordinance 4480 in full for the first and final reading.
Councilman Wood moved to dispense with the rule of reading Ordinance #480 on three
separate days. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, absent;
Gunter, yes; Wood, yes.
Councilman Quick moved to adopt Ordinance #480 as read. Councilman Gunter
seconded. Roll Call Vote: Quick, yes; England, absent; Gunter, yes; Wood, yes.
RESOLUTION #1 -98 - Authorizing the Mayor to enter into an agreement with City of
Chubbuck Employee Eric King.
Mayor Cotant read Resolution #1 -98 in full.
Councilman Wood moved to adopt Resolution # 1 -98 adding, "and or, if Eric King
expresses he does not want to be Fire Chief '.Councilman Gunter seconded. All council
members voted in favor of motion.
CLAIMS - Computer print -out claims presented to Mayor Cotant and Council.
City Clerk Conlin explained the two Idaho Department of Water Resource checks were
doubled, one for $250.00 and the other for $550.00 The two checks were voided.
The checks will be retyped for $125.00 and the other for $275.00.
Councilman Quick moved to approve computer print -out claims as presented, with
correction City Clerk Ron Conlin explained. Councilman Wood seconded. All council
members present voted in favor of motion.
At 10:10 p.m., Councilman Wood moved to go into Executive Session Meeting as authorized by
Idaho Code 67- 2345(c) to conduct deliberations to acquire an interest in real property
which is not owned by a public agency. Councilman Quick seconded. Roll Call Vote:
Quick, yes; England, absent; Gunter, yes; Wood, yes.
Discussion about properties north of City Offices.
21
EXECUTIVE SESSION MEETING - (properties north of City Offices).
No final action or final decision was made.
At 10:35 p.m., Councilman Wood moved, Councilman Quick seconded, with full council
approval to adjourn meeting.
Ron C. Conlin, City Clerk
r
ohn O. Cotant, Mayor
January 27, 1998
To Whom It May Concern;
I am not sure of the circumstances which led to the decision of Merlin Miller being removed as
assistant fire chief in Chubbuck, however, I did want to express to you how much we have
appreciated all that he has done for our community.
On many occasions over the years I have been able to accompany scout and cub scout groups,
as well as my own son to the fire department where they were taught by Merlin Miller. What a
terrific experience that has been each time I attended. He cares for our youth and was very
informative when teaching us all about the department. He has always expressed real concern and
respect for our community and our fire department. I have appreciated these efforts very much as
we have interacted with him. My experiences with Merlin is that his public relations for the
community have been exceptional.
Sincerely,
14ti
Bill McKee
Sheila Griffiths January 27, 1998
168 Jacob
Mayor, City Councilmen, and Citizens of Chubbuck,
We are here tonight to discuss our thoughts and conversations since reading the Idaho State Journal
dated Jan 16, 1998. The front page headlines read: Cotant Fires Fire Chief, which according to
Chubbuck officials, was a reassignment of the Fire Chief and Training Officer.
My first thought was, why? What did they do so wrong to deserve this? And when I talked to them,
they had the same question. Why? It was a total surpns yy����n to em No one had approached
them with concerns of changes that needed to be made t - �h° d Men Iri en Wand presented
to them and put in their file showing that changes needed addressed. And then to top it off, the mayor
tells them, "I don't need to give you any reason."
Is this the appropriate action to take with an employee who has put his whole heart and 110% effort
into a job - -- to be reassigned without due cause. Is that how the City of Chubbuck should show
appreciation for all their efforts. We don't' think so. And we wish you, the Mayor and City Council
didn't either. But we've seem in the paper or heard about this happening too many times, to the point
that Chubbuck is getting a bad name and something needs to change.
Something is wrong when employees are demoted or reassigned to another job and they have no
idea it was even coming, or what they did to merit the change. Because they were never told they
were doing something wrong and given the chance to learn from their mistakes and right the situation.
Or maybe they didn't do anything wrong but improvements needed to be made —but they weren't told
about it and given b'dh6nce to str6lch and 15r"irtg about that chanbg And It doesn't see►fi'M;Et mrlch
thought was given to the feelings of the employees and turmoil this causes them and their families
both mentally and financially.
In the past some of these employees have felt so wronged - -- that they've pursued legal help to
explore their options. I can understand why they would do that. But the law has said Chubbuck has
the legal right to do just what it did because employees are "at will employees ". So it is legal, but is it
a moral and equitable way to treat employees. Is it the right thing to do? Is it the appropriate way to
treat people just because you can get away with it? And if the words "at will employee" are all that's
needed - - -why all this other policy.
Page 1 of the City of Chubbuck Employee Policy Section A. reads: "This manual contains statements
related to personnel policies and procedures. It is designed to be a working guide for the day -to -day
administration of our personnel program. Written policies," and I emphasize, "Written policies should
increase understanding, eliminate the need for personal decisions on matters of policy, and help
assure equal treatment of all staff."
"Written" is a key word here. It sure helps to eliminate a lot of problems when things are written down.
And it can also bring about a lot of good changes.
Page 6 Section D. reads: Regular employees shall in all instances be treated as employees at will but
shall be entitled to the following disciplinary process.... Disciplinary action against a regular employee
shall be effective only after the person has been presented with the reasons for such action,
specifically stated in writing, with copies supplied to the employee, Department Head and Personnel
officer.
My next question is, How is it that an employee doesn't understand or even expect to get demoted
unless -- -this written reprimand was never given to the employee. Is it because the Mayor and City
Council do not follow the Employee Policy or even encourage other to follow it?
We feel that this is a key problem that plagues our city and needs to come to an end.
We're not saying that these people did or didn't do anything wrong to merit a demotion. But if they
did, they deserve the procedures followed in the policy and until they have been given a written
reprimand and given the chance to correct the problem -- -they should not have been demoted - - -as
stated in the employee manual.
In the newspaper article Councilman Roy Quick said. Quote: "The mayor makes the appointment,
that was his choice, and we went along with it." Unquote. My question is, what was the discussion
about this issue? Did any of the City Counsel question the reasons and follow up and get all sides of
the story? Was anything written up and presented to the employees, Departments Heads, etc? And
then decisions based on facts as apposed to here say of a few. -- -Even a common criminal gets a fair
trial where all issues and sides are explored.
Pages 16 -18 of the employee manual, addresses Grievance Procedures: for time's sake I'll let you
review it later but I'll quickly paraphrase it.
Complaints shouldn't be taken to the Mayor first. They should be put in writing and given to the
immediate supervisor and addressed at that level. If satiation isn't met then it should be taken up the
line of authority clear to the Mayor if needed, but it shouldn't start there. These complaints are often
due to lack of communication and sometimes due to unfair policies. In either case they need
addressed and effdi-t "made to try to corhe td'a mutual agreemerlrbr understanding arfid "dh *bngds made
if needed - -- before it goes up to the next level.
By following policy, it will be less heartache for employee reassignment because it won't be seen as a
whim - -- and employees will understand the reasons. And they can go to work daily, without fear and
wondering, "Will I get demoted today ?"
The Employee Policy has a beautiful way to handle complaints in the form of written Grievance and
Reprimands and needs to be followed. And it would also help if the Annual appraisals were done as
outlined on page 16 section A. it reads: Annual appraisals of employee shall be written up and put in
an employee's file to evaluate the employee's work effectiveness and progress with the purpose of
encouragement and improvement in the work relationship, and will establish the qualification for any
merit in salary. k paPe� }r��l needs ecectecq �A feass�gnmeKts ri be I'sf1 ed or
even bi{tcr employ -ees�et 4i 10wltd�e �WA +b Aem sc prc lfms are worked" off' wAout A—
To you Mayor Cotant and City Councilmen we appreciate your taking time to listen to us tonight. jtee (
As citizens we appreciate all the things the city's employees do for us and as a community we want to
make sure the employees receive Fair and Equitable treatment by procedures being followed in the
Employee Policy.
Is there any way we can leave here tonight with the assurance that the Employee Policy will be
followed?
include written reprimand, probation, suspension with pay, suspension without pay,
permanent demotion, reassignment, or dismissal. Disciplinary action against a regular
employee shall be effective only after the person has been presented with the reasons for
such action, specifically stated in writing, with copies supplied to the employee,
Department Head and the personnel officer. The regular employee may, within five (5)
working days, appeal the disciplinary action to the City Council by filing a notice of
appeal with the City Clerk. The City Council shall schedule a hearing on the appeal
within fifteen (15) working days after the appeal is filed. At the hearing, the City shall
be represented by the City Attorney. The regular employee may be represented by legal
counsel and may present evidence to the council. While both the City and the regular
employee may cross examine witnesses, the Rules of Evidence shall not be applicable to
the presentation of evidence. The City Council may affirm, modify, or reverse the
disciplinary action and the decision of the City Council shall be final.
Reasons for such disciplinary action include, but are not limited to, the following:
1. Commission of a felony.
2. Commission and conviction of a misdemeanor which involves moral
turpitude, or which affects or calls into question the employee's ability to safely or
adequately perform the tasks of his /her job and assignment.
3. Being absent without notifying the employee's supervisor in advance
of such absence.
leave.
4. Being absent without use of available sick, vacation, or personal
5. Excessive tardiness or abuse of sick or personal leave.
CrrY OF CHUBBUCK GENERAL EMPLOYEE POLICY - REVISED OCTOBER, 1996 - Page 8
chbbckO8.284
January 21, 1998
Disciplinary Appeal
Ron Conlin City Clerk
Due to my reassignment from the Fire Department, and in keeping with the
Policy. I am filing an appeal as specified in the City Employee Policy, Section
1 paragraph D
Thank you
Merlin Miller
Arave (Ponstruction, (Pompany, Inc.
RESIDENTIAL AND COMMERCIAL
1395 N.W. MAIN
BLACKFOOT. IDAHO 83221
January 14, 1998
City of Chubbuck
5160 Yellowstone Avenue
Chubbuck, Idaho 83202
Attention: Steve Smart, Public Works Director
Dear Steve,
Thankyou for the reminder of the auction date on Lot 14, Block 1 of the Diamond Court Subdivision in
Chubbuck.
I will be unable to attend the auction on that date due to a prior committment.
Our interest still remains in the West 382.5 feet of that Lot. We are willing to pay $267,750.00 for the
property.
Terms of the purchase shall be in accordance with the Letter of Understanding, dated April 18, 1996,
a copy of which has been enclosed.
If I can be of further assistance, please feel free to contact me at your convenience.
Sincerely,
Tom Arave
TELEPHONE
(208) 785 -3494
�,�
7bs -3 -fqk
Arave 0onshruction (Pompany,Inc.
RESIDENTIAL AND COMMERCIAL
1395 N.W. MAIN 555 NINTH STREET
PHONE OOT, IDAHO 83221 IDAHO FALLS, IDAHO 93404
PHONE (208) 785 -3494 PHONE (208) 5=_=9
Letter of Understanding Between:
Arave Construction Company, Inc.
1395 N. W. Main
Blackfoot, Idaho 83221
AND
City of Chubbuck
5160 Yellowstone Ave.
Chubbuck, Idaho 83202
It is hereby understood that Arave Construction Company agrees to
sell to the City of Chubbuck, Lot 13, Block 1, of the Diamond Court
Subdivision (17.35 Acres), For the amount of $216,875.00. Arave
Construction also agrees to provide the offsite improvements
adjacent to Lot 14, Block 1 of the Diamond Court Subdivision, for
which they will be reimbursed by City of Chubbuck, in the amount of
$112,000.00.
It is hereby understood that The City of Chubbuck agrees to sell to
Arave Construction, the West 382.5 feet of Lot 14, Block 1, of the
Diamond Court Subdivision, for the amount of $267,750.00. Said
price shall include the completion of all adjacent offsite
improvements.
In the event that the exchange of property is culminated, The City
of Chubbuck would owe to Arave Construction $61,125.00. Arave
Construction agrees to accept the balance due in the form of cash,
development fees, permit fees, park fees, etc.
The City of Chubbuck agrees to assist'in, providing sewer service
to Lot 14,in the least costly manner.
Q —
Tom Arave
Vice President, Arave Construction
April 18,1996
John O. Cotant
Mayor, City of Chubbuck
April 18, 1996
.Brave construction Pompany, Inc.
RESIDENTIAL AND COMMERCIAL
1395 N.W. MAIN
BLACKFOOT, IDAHO 83221
January 14, 1998
City of Chubbuck
5160 Yellowstone Avenue
Chubbuck, Idaho 83202
Attention: Steve Smart, Public Works Director
Dear Steve,
The following is my best understanding of our current payment balance on the exchange
of land at Diamond Court.
City of Chubbuck:
West 382.50 feet of Lot 14, Block t $267,750.00
Water and Building Fees 61.618.17
Total
Arave Construcion Compay:
Lot 13, Block 1 (17.34 Acres) $216,875.00
Street Improvements on Lot 14, Block 1 112,000.00
Total
BALANCE DUE TO THE CITY OF CHUBBUCK
$329,368.17
328.875.00
$ 493.17
At some point, we need to discuss the fencing, playground equipment, and the additional
lot on Park Lawn Avenue.
Sincerely,
6 L Avll��
Tom Arave
TELEPHONE
(208) 785 -3494
interoffice
M E M O R A N D U M
to: Steve Smart
from: Bryan Hall
subject: Bids for Tractor and Mower
date: January 23, 1998
After looking over the bids that we received Tuesday and doing follow up research, I feel
that the lowest bids are reasonable and that the equipment will be a very good investment
for the city. These tractor is virtually new and will give many years of hard work.
MASSEY FERGUSON TRACTOR: Bid received by Agri - Services in Burley was the
lowest bidder at a price of $23,400.00 delivered to the city work ready. This tractor only
has 600 hours use on it making it almost brand new with no visual or mechanical flaws that
cause me to hesitate in the purchase of this machine. It meets and exceeds the
specifications set forth in our bid request, included with this memo. (A new one of this
model cost $45,000.00.)
RHINO MODEL DB150 MOWER: Lowest bid was made by Mini - Cassia Equipment
Co. In Heyburn at the cost of $4637.00 price incudes all shipping costs to the city. The
mower will come work ready with very little assembly of a few parts, and we don't have
to add hydraulic oil to it, comes factory filled.
Thank you for your help in this matter.
AG R1 I S E RVI C E
P.O. Box 285 • Twin Falls, ID 83303 -0285
P.O. Box 760 * Burley, ID 89318
TRACTOR BID MADE TO CITY OF CHUBBUCK.
Price: $23.,4aQ
Massey Ferguson model 399 2wd w /ROPS and canopy
354 cid diesel engine 95 P.T.O. hp
12 speed synchro trans. 65 amp alternator
2 -500 C.C.A. batteries 5.3 gallon heavy duty
radiator
4340 lbs. lift cap. at 24" 33.3 gallon fuel tank
from link ends
Min. ground speed 1.3 mph Max. ground speed 18.5
Engine block heater 2- headlights, 2 -work
lights, rear light,
flashers & tail lights
Rear wheel fenders Cat II 14rtk ends
w /tel escopi ng stabi 1 i zers
599 engine hrs. Speedometer, tachometer
Hour meter, water temp.
Fuel gauge
3205 Kimberly Road East - P.O. Box 285 - Twin Falls, ID 83303 - (208) 734 -7772 - FAX (208) 734 -7775
300 S 600 W - Hwy 27 N - P.O. Box 760 - Burley, ID 83318 - (208) 678 -2258 - FAX (208) 678 -2275
415 -A Broadway Avenue South - Buhl, Idaho 83316 - (208) 543 -8883 - FAX (208) 543 -8884
2091 Last Chance Road - Elko, Nevada 89801 - (702) 738 -2167 - FAX (702) 738 -8387
STANDARD EQUIPMENT AND SPECIFICATIONS
Cutting Width
Cutting Height Range
Cutting Capacity
Horsepower Required
Weight: Lift (approx.)
Overall Width
Overall Length
Transport Width
Tractor PTO
Oil Capacity
Blade Tip Speed (FPM)
Blade Carrier Type
Maximum Reach
(from center line of tractor)
Gearbox Protection
Operation up /down
Sideskirt
Deck Thickness
Hitch Type
Safety Deflectors
60"
dependent on 3 pt. lift
1"
60
1900 lbs.
65 -1/4"
71 -3/8"
111"
540/1000
55 gal.
18,850
pan /bar
150"
relief valve
90/85
10 ga. x 9 -1/4"
10 ga.
CAT II / III Quick Hitch
standard
Servis- Rhino'
DB1500891 SG aew+an.o "..." ..a P_ a An Aruno Group Company
+a+.r"e`wa a°.',"�;�.;, P.O. Box 712, Seguin, TX 78156
Printed in USA
512372 -3080
•
PO Box 87
Heybum, Idaho 83336
•
208 -678 -9044 — fax 208 -678 -9034
TOLL FREE — 1- 800 -540 -9044
MCEQUIP @CYBERHIGHWAY.NET
Mini-Ca,%, ia Equ�P mlmt Ca.
City of Chubbuck
P.O. Box 5604
Chubbuck, Idaho 83202 -0006
Attention: City Clerk
The following is a bid for a Rhino Model DB150 , hydraulic driven, ditch
bank rotary cutter. The unit is currently available with an estimated four
week delive time. The_nrice fnr the DB150, F O B Chubbuck, not
installed, is $4637.00
Also enclosed is a brochure that shows the standard equipment and
specifications.
This quote is subject to availability and price changes that may occur
between now and purchase date.
Thank you for this opportunity to quote this bid and also the opportunity to
serve the city of Chubbuck.
Sincerely,
Scott Smith
Sales Manager
Serving Southern Idaho for Over 50 Years' ........................ .
JOHNSON OLSON, cHARTERED
P.O. B OX1 725
L. CHARLES JOHNSON, M POCATELLO, IDAHO 83204 -1725 THIRD FLOOR OF KEY BANK BLDG.
JAY P. MANON CORNER OF CENTER AND ARTHUR
OF COUNSEL:
L CHARLES JOHNSON TELEPHONE: (208) 232 -7926
GERALD OLSON January 20, 19 9 8 FAX: (208) 232 -9161
WUJ- M W. BECKER
Thomas J. Holmes Ron Conlin
Jones, Chartered Chubbuck City Clerk
415 S. Arthur 4727 Yellowstone Ave.
P.O. Box 967 Pocatello, Idaho 83202
Pocatello, Idaho 83204 -0967
Re: Emmett and Valorie Haddock
Dear Gentlemen:
I 1- -Ve- been contacted by Emmett and Valorie Haddock to protect
their interest regarding the alleged problem with their dogs. I am
forwarding you a copy of the letter from Tom Holmes to the Haddocks
dated January 14, 1998.
The Haddocks disagree with the conclusions in the letter and
believe they are simply being harassed by their neighbor June
Johnson. I believe the Haddocks have a right to keep their animals
on their property, and they have done so in a reasonable manner.
First, there is no allegation that there is any "fecal matter"
on the property that belongs to June Johnson. In fact, there is a
fence between the two properties. Therefore, I view any complaint
in this case as suspicious at best and harassment at worst.
Second, the Haddocks do their best to clean up their yard on
a regular basis. Please advise if you have any actual proof to the
contrary; and if so furnish it to our office.
Third, apparently, the Haddocks have offered to build a larger
privacy fence so that June Johnson cannot see their yard. This
request is renewed at this time as I believe it will solve most of
the problems in this regard.
Finally, it appears to me that since there is no trespass of
a dog onto June Johnson's property, June Johnson has suffered no
loss in this case, and no criminal charges have yet been brought,
that this seems to *_re to be a potential case of abuse of civil
process and a possible violation of the Haddock's civil rights.
Therefore, the Haddocks are submitting this appeal of the
violation. If this matter persists, they may commence litigation
against June Johnson for abuse of process and the city of Chubbuck
for denial of their rights under the civil rights statute (42 U.S.
See § 1983).
Please provide the Haddocks and our office notice of the next
city council meeting. I will have the Haddocks there in person.
They will then contact me if there is any further problem. If you
have any questions or comments, please call or write.
Sincerely,
J i
Charles Johnson
CJ /gs
c: June Johnson
Haddocks
LAMONT JONES
JACK H. ROBISON
THOMAS J. HOLMES
JESSE C. ROBISON
BRETT P. ALLISON
VIA CERTIFIED/REG MAIL
Emmitt and Valorie Haddock
529 Bluebird
Chubbuck, ID 83202
RE: Code Violation
Dear Mr. and Mrs. Haddock:
LAW OFFICES
JONES, CHARTERED
415 SOUTH ARTHUR
P.O. BOX 967
POCATELLO, IDAHO 83204-0967
January 14, 1998
TELEPHONE: (208) 232 -5911
FAX: (208) 232 -5962
E-MAIL- joneslaw®poky.srv.net
I represent the City of Chubbuck. The ongoing problem with your animals and the dog
feces on your property has been referred to me for review. Additionally, I have reviewed the
issue of whether or not you are being harassed by your neighbor with respect to complaints about
the large amounts of fecal matter that remain upon your property for long periods of time.
Chubbuck Municipal Code § 9.20.032(B) states: "No person shall keep, harbor, or
maintain any animal within the City in such a manner that the keeping of the same results in a
nauseous, foul or offensive condition."
I have reviewed the police department reports and a copy of the report submitted by the
Southeastern District Health Department. The conclusion of the Health Department examiner is
"This is a nuisance regarding odor and a potential vector control problem (flies breeding in
excrement) in warmer months of the year."
Based upon my review, it is my conclusion that your animals are being kept in a manner
that violates Chubbuck Municipal Code § 9.20.032(B).
Section 9.20.040 of the Chubbuck Municipal Code states that, "any dog ... in violation of
any other provision of this chapter may be impounded and placed in an animal shelter."
You are hereby put on notice that your animals will be impounded if you do not remove
them or otherwise get them out of the City of Chubbuck on or before January 26, 1998. I
understand you have continuing reasons why you do not clean up the excrement on a routine
basis, however, the City of Chubbuck does not have the time and resources to police your yard.
You have over the past several months demonstrated that you do not have the ability to keep
these animals in a manner that is in conformity with the Chubbuck Municipal Code.
Emmitt and Valorie Haddock
January 14, 1998
Page 2
This is a formal notice of code violation. You may appeal this notice of violation by
submitting a written request for a review by the Chubbuck City Council. This request for review
needs -to be submitted to Ron Conlin, Chubbuck City Clerk. If you submit such a request for a
review, the City Council will conduct a hearing upon the matter at its next regularly scheduled
meeting.
TJW&C
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