Minutes - 2020 - City Council - 05/28/2020 - Special EAGLE CITY COUNCIL
SPECIAL MEETING MINUTES
MAY 28,2020
1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 12:00 p.m.
2. ROLL CALL: Present: PIKE, GOLD, PITTMAN, BAUN. All present. A quorum is
present.
3. PLEDGE OF ALLEGIANCE: Mayor Pierce leads the Pledge of Allegiance
City Attorney Villegas requests Council accept the amended agenda.
Mayor Pierce notes that item 6B was added ACTION ITEM: Discussion and possible action
regarding operations of municipally owned splash pads, requests a motion to add it to the agenda.
Pittman: So moved.Seconded by Gold.ALL AYE..MOTION CARRIES.
4. NEW BUSINESS:
A. Discussion of legal service needs for the City of Eagle.
Mayor Pierce introduces the item. States that at a previous meeting there had been discussion of
bringing on a specific legal firm to assist the current city attorney. It was decided at that time to
not go in that direction at that time, but to have a discussion on having in house or continue to
have contacted legal services. That is what we are here to discuss. Also notes that there was an
RFP issued for legal services so that they could be reviewed and the Council would have an idea
of what the costs would be associated with contracted services. This is what is being brought
before you to discuss today.
Pittman states that at a previous meeting the direction of the Council was to have a workshop to
discuss these matters prior to throwing out RFPs. Pittman feels that the issuance of the RFP was
done without direction of the City Council and that this was a deliberate attempt to undermine the
will and direction of the Council. He is concerned that a workshop prior to a special meeting
should have taken place to determine if in house council vs contracted would bet meet the needs
of the City. Discussion. He feels that because of the current emergency declaration in place for
the City, State and Country he would like to continue with the current legal counsel of Borton
Lakey.
Pittman moves to continue with the current attorney firm of Borton Lakey and direct the
Mayor,once again,to put together a work session to so that the Council can determine if an
inhouse attorney would benefit the City and to determine what outside contracting would
be used if when necessary for expert services. Seconded by Gold. Discussion. PIKE NAY;
GOLD AYE;PITTMAN AYE; BAUN NAY; MAYOR NAY. MOTION FAILS.
Pike discusses his experience within house attorneys at previous entities, ease of access was an
asset and the familiarity with the individual. Gold states that accessibility was an appealing perk
when money was budgeted to bring the position in-house, however the broad scope of knowledge
from land use planning to water rights to personnel may be difficult to obtain with a single
inhouse hire. Pittman would like more information on what services could be provided in house.
A breakdown of where the attorney time is currently being utilized. Gold would like more
itemized information to see what would be cost effective. Baun discusses pros and cons of
contract vs inhouse. A cost analysis would need to be done and a review of needs and costs.
General Discussion.
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Council would like the following information prior to scheduling the next meeting on this topic:
estimated cost for in-house attorney plus specialty services, a cost analysis of the needs from
different departments and average hours for the same, the cost over the last 5 years for legal
services with a breakdown of categories water, land use and employee. There will be cost
difference if being bought in house if it is an entry level attorney vs a seasoned attorney for salary
plus benefits, what supplemental costs would potentially still be needed. Council will need to
decide what is needed and determine if it is financially viable to bring services in house or
continue to contract. Establish a base rate (salary, benefits and any support staff needed) and any
additional contracted services. Council would like to see information from Boise City, Meridian
and Garden City regarding costs associated with their in-house legal counsel. Discussion.
B. ACTION ITEM: Determination if legal service needs shall be brought in house or
continue to be contracted services.
Baun moves to table this item until further information is obtained. Seconded by Pike.
ALL...MOTION CARRIES.
5. EXECUTIVE SESSION: 74-206. Executive sessions — When authorized. [effective until
July 1, 2020] (1)An executive session at which members of the public are excluded may be held,
but only for the purposes and only in the manner set forth in this section. The motion to go into
executive session shall identify the specific subsections of this section that authorize the
executive session. There shall be a roll call vote on the motion and the vote shall be recorded in
the minutes. An executive session shall be authorized by a two-thirds (2/3) vote of the governing
body.An executive session may be held:
(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the
respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need.
This paragraph does not apply to filling a vacancy in an elective office or deliberations about
staffing needs in general;
Mayor introduces the item.
Pittman states that he would rather not take an action item after exiting Executive Session.
Pike moves to go into Executive Session as allowed per Idaho Code 74-206 (a) as stated.
Seconded by Baun. PIKE AYE; GOLD NAY; PITTMAN AYE; BAUN NAY. THREE
AYE; ONE NAY.MOTION CARRIES.
Council enters executive session.
Discussion to consider hiring a public officer, employee, staff member or individual agent,
wherein the respective qualities of individuals are to be evaluated in order to fill a particular
vacancy or need
Council leaves executive session.
A. ACTION ITEM: Award of legal services bid(s).
Pittman moves to table this to a future meeting. Seconded by Baun. ALL AYE...MOTION
CARRIES.
*6. UNFINISHED BUSINESS:
A. ACTION ITEM:FY 2021- FY 2025 CAPITAL PLAN: Discussion and possible direction
regarding the FY 2021-2025 Capital Plan
Mayor Pierce introduces the item.
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Planner III, Nichoel Baird-Spencer reviews the draft Capital Plan. Staff is seeking direction
regarding prioritization of projects and input from the Council regarding the items before them
for consideration.
General discussion.
Council will attempt to meet again to discuss prior to June 10.
**B. ACTION ITEM: Discussion and possible action regarding operations of municipally
owned splash pads.
Mayor introduces the item.
Mayor states that Merrill Park splash pad reconstruct will not be completed by June 1st.
Discusses the COVID-19 phase of re-opening and Council's desire regarding the water feature re-
opening.
Discussion regarding the close proximity of groups of people that may be utilizing the parks, the
treatment of water for the splash pads, social distancing signage for parks and splash pads. Gold
is concerned with the splash pads being an unsafe environment. Perhaps additional cautionary
signage and sanitation could be provided. Pike and Pittman state, they would like to return to
some state of normalcy. Pittman feels that there has been a great deal of education to the public
during the COVID emergency and believes that individuals understand what their specific
circumstances are and what they need to do to keep themselves safe. Baun feels that the facilities
need to be opened up with signage and acknowledge that people have a personal responsibility
for their actions.
Pittman moves to go ahead and direct the City to open the water splash pads at Guerber
Park and Merrill Park, when it is available, to include having notification signs of risk
and/or health so that individuals can take their own responsibility and understand that they
are going to the park and using the facilities at their own risk and trying to and continue to
social distance the best they can, but to have fun. Seconded by Baun. ALL
AYE...MOTION CARRIES.
7. ADJOURNMENT:
Baun moves to adjourn. Seconded by Pike. ALL AYE...MOTION CARRIES.
Hearing no further business,the Councilmsetj t was adjourned.
Res ectfully submitted: �.• p •E;; ' •RACYESBfEQ?i \
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APPROVED:
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MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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FY 2020 City Budget
Total: 31,859,290
Library (1,971,777)
a i ,,, Water (3,721,470)
3 CH GO Bond (104,700)
n " Parks Impact Fees (2,321,209)
1- Pathways Impact Fees (629,539)
Subtotal: 23,110,595
Law Enforcement Contract (3,157,441)
Disctretionary Budget: 19,953,154
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