OPENING Mayor Hellar called the regular meeting of the city council to order at 5:30 p.m. on Wednesday, January 20, 2010, in the council chambers at City Hall, 1123 Lake.
ROLL CALL Council members Boge, Newton, Snedden, Logan, Reuter and O’Hara were present.
INVOCATION Pastor Wesley Ribeiro, Sandpoint Christian Center, gave the invocation.
PLEDGE OF ALLEGIANCE Mayor Hellar led the council and the public in the pledge of allegiance to the flag.
ANNOUNCEMENTS
Councilwoman Logan honored the three council members whose terms ended this evening. She thanked Councilman O’Hara for his dry sense of humor, his thoughtful approach to issues, particularly his planning expertise, and his participation in the development of the recent adoption of the comprehensive plan. She referred to Councilwoman Newton as the “maven” of city council, which is defined as a trusted expert in a particular field who seeks to pass knowledge onto others. She commented that Councilwoman Newton was the “queen of spreadsheets” and noted her support of additional parking spaces for the disabled, the Wild Rose Foundation and the urban forestry program. She commended her for the detailed analysis she provided that enabled the adoption of the comprehensive plan. Councilwoman Logan noted Councilman Boge has served 14 years on city council and that the city owes him a debt of gratitude for his tireless efforts for the design of the bypass and without his work as Chair of the Sand Creek Master Plan, we would not have the creek side trail or south bound off ramp he negotiated for the bypass, the development of the McKinnick trail, support for the Wild Rose Foundation, and elimination of vacation rentals in Residence “A” zone. She commended him for his work on the recently adopted comprehensive plan that speaks for all citizens of the City of Sandpoint. She thanked Council members Boge, Newton and O’Hara on behalf of the City of Sandpoint, the citizens of Sandpoint and herself for their services and welcomed the newly elected officials.
Councilwoman Newton recognized Councilman Boge for his accomplishments both as a council member and his personal life. She noted that tonight he completes 14 years on the Sandpoint City Council, and of the 180 persons who have served on city council since 1901, only 4 have served longer than Michael Boge. He served three terms as council president and chaired the Sand Creek Master Plan Committee and the Citizens Design and Advisory Committee for the Sand Creek Bypass. She acknowledged his business and organization endeavors, as well as his contributions, from the revenues of the Banff Film Festival to the Panida Theatre and, more recently, to send 38 children to school in his wife’s home town of Satipo, Peru. She noted he was instrumental in bringing the wooden boat show to Sandpoint six years ago. She stated that Mr. Boge’s integrity, experience, knowledge, and dedication on the city council will be missed by this community. She thanked him for all he has given to the City of Sandpoint, both in and outside of city government.
Councilman Boge stated he decided to run for city council 14 years ago because there was pressure on the city council to move The Festival at Sandpoint out of town and the bypass was becoming reality. He stated he originally was an anti-byway supporter, but he changed his views as the project came closer to reality. He noted that he was Chair of the Sand Creek Master Plan and recognized the 80 people involved who took into consideration what the public wanted so the city was not impacted. He stated he also supported the southbound off ramp for the bypass in order to help the business community. He stressed the City of Sandpoint still needs a gift of education from the University of Idaho and hoped the new council would continue to support the Wild Rose Foundation effort. He acknowledged his accomplishment in eliminating vacation rentals in Residence “A” zones and his support of the trailhead on city property for the McKinnick trail. He apologized to city staff for not being a “buddy” but stressed government needs to be aware that any money generated comes from residents who have struggled to make those funds. He thanked city council for their frank discussions and open candor and particularly commended Councilwomen Newton and Logan for their research.
Councilman Snedden requested a policy be implemented on e-mails and open meeting law for the future to make sure council is abiding by the law. He agreed with the Greater Sandpoint Chamber of Commerce Executive Director Amy Little’s proposal that the chamber members and city council meet regularly and that the mayor form an economic committee compiled of the Greater Sandpoint Chamber of Commerce, Bonner County Economic Development Corporation, Downtown Sandpoint Business Association, Sandpoint Area Lodging and Tourism (SALT) and Economic Development Corporation of Sandpoint.
He acknowledged the accomplishments city council made during 2009, such as the adoption of the comprehensive plan, forming a new business incubator at Panhandle State Bank, undertaking the city’s largest construction project by rebuilding the streets and sidewalks on one-half of Washington Street, planting over 100 trees through the NeighborWoods Program, funding 20 volunteers for the city’s fire department, purchasing 20 acres outside the city limits in the amount of $800,000 that was previously valued at $2 million, implementing a $54.5 million fiber optic grant, obtaining a $400,000 grant for improvements at the city marina, approving Super 1 Foods, which will bring new jobs for the current economy, receiving a $250,000 grant for a green energy project, improving Third Avenue through urban renewal dollars, discussions to preserve the train depot, and collaboration between Bonner County, City of Ponderay and City of Kootenai for a grant in the amount of $650,000 that was received for the Pend Oreille Bay Trail. He thanked city council for their hard work and efforts over the past year. He commended Council members Boge, Newton and O’Hara as they contributed conservatively 20 years of public service and urged everyone to thank them for their service.
Councilman Reuter expressed his appreciation for Council members Boge and O’Hara’s work. He addressed disagreements between Councilwoman Newton and himself but suggested that their disagreements were based on their love for the city. He thanked her for her service and admired her respect for the city.
Councilwoman Newton addressed the cell phone issue to Council members Snedden, Logan, Reuter and council-elect Ogilvie, Davis and Shuck. She pointed out that, just yesterday, the National Safety Council announced its new findings that 1.6 million accidents are caused every year by using cell phones and texting while driving. “One out of every four car crashes in the United States is caused by cell phone distraction.” She stated The National Safety Council has the integrity and credibility to distribute statistics that can be relied upon. There will be those who tell you enforcement is an issue. If the City of Sandpoint can’t figure out how to enforce this, there are other locations that are successfully doing it that can be contacted if we need help. She addressed the new council that they have a rare opportunity this evening to do something that truly shows leadership and a willingness to be bold and proactive. She urged them to ban texting while driving in Sandpoint in order to make Sandpoint a safer place to live and could even save lives. She encouraged them to do it because it is the right thing to do, to take a stand and be leaders.
Councilman O’Hara thanked the mayor for her trust and his colleagues on the city council for their hard work and dedication to the city. He said city council is composed of those who care, and if the public cares as much as council, they should be involved to keep their government working for them.
PUBLIC FORUM
Lawrence Blakey, 324 S. Boyer Ave., thanked the three departing council members for their time and dedication. He agreed in spirit with Councilwoman Newton’s proposed hands free cell phone issue but had concerns with specific issues. He felt it was inappropriate for the city to establish a code for just the city as it would be difficult to enforce. He suggested that city council adopt a resolution to forward to state legislators. He stated that studies indicate that hands free devices are tantamount to driving drunk. He disagreed to only restricting teenagers with cell phone use because he personally dealt with near accidents when adults were using hand held cell phones. He felt restrictions should fall not only onto teenagers but that no one should be allowed to use cell phones while driving.
CONSENT CALENDAR (OLD BUSINESS)
Councilwoman Logan moved that items A-1 through C be approved. Councilwoman Newton seconded the motion. The motion passed unanimously by a roll call vote of council.
A. MINUTES
A-1 City Council regular minutes of December 16, 2009 and special minutes of December 21, 2009;
A-2 Arts Commission minutes of November 18, 2009;
A-3 Bicycle Advisory Committee minutes of October 26, 2009;
A-4 Historic Preservation minutes of November 17, 2009;
A-5 Pedestrian Advisory Committee minutes of November 17, 2009;
A-6 Tree Committee minutes of November 17, 2009;
A-7 Urban Renewal Board minutes of December 1, 2009.
B Bills for the month of December 2009 in the amount of $872,393.74, $480,104.84 of which is for accounts payable and $392,288.90 for payroll and benefits
C PUBLIC WORKS COMMITTEE JANUARY 6, 2010
Mayor Hellar presented plaques to Councilman Boge, Councilwoman Newton, and Councilman O’Hara. She commended Councilman Boge for his 14 years of service, Councilwoman Newton for her hard work and her expertise on spreadsheets, and Councilman O’Hara for his willingness to serve and his calm rationality, and she said when he speaks, everyone listens.
OATH OF OFFICE FOR NEWLY ELECTED OFFICIALS
City Clerk Maree Peck administered the oath of office to Marsha Ogilvie, Jamie Davis and Justin Schuck (4 year term) and John Reuter (2 year term). Each signed their oath and received a certificate of election.
ROLL CALL Council members Snedden, Logan, Reuter, Ogilvie, Davis and Schuck were present.
Councilwoman Logan moved that items D-1 through D-2(b) be approved. Councilman Snedden seconded the motion. The motion passed unanimously by a roll call vote of council.
CONSENT CALENDAR (NEW BUSINESS)
D COMMITTEE APPOINTMENTS
D-1 Parks and Recreation Commission – Tom Albertson to a three-year term expiring January 31, 2013.
D-2 a. Administrative Committee: Councilman Snedden, Councilwoman Ogilvie and Councilman Schuck
b. Public Works Committee: Councilwoman Logan, Councilman Reuter and Councilwoman Davis
CITY COUNCIL BUSINESS
E. ORDINANCE AND SUMMARY – HANDS FREE CELL PHONE USE
Mayor Hellar noted she formally vetoed the ordinance that was passed by a majority of council at the December 21, 2009, city council special meeting by submitting her reasons in writing to the city clerk on December 31, 2009.
Councilwoman Logan moved to override Mayor Hellar’s veto of Ordinance No. 1227. Councilman Reuter seconded the motion for purposes of discussion.
Councilwoman Logan distributed copies of e-mails to the city clerk which were generated by herself to the mayor and city council, both to current and past term council, dated from December 16, 2009, through January 19, 2009, composed of research she found on the Internet. She believed the vast amount of research indicates that texting is a huge safety issue. She felt certain that the legal and law enforcement departments would have the capability to enforce the law, which would be a proactive step toward safety. She referred to Idaho Code 49-401, inattentive driving, and felt this section is inadequate in dealing with the potential harm created by distractive driving due to text messaging. City Code 6-1-7, careless driving, is inadequate for the lack of specificity regarding texting and doesn’t address bicycles or skateboards. She asked how many citations have been issued under this code section specifically for cell phone related issues. She also felt the State and City codes do not specifically identify the behavior associated with texting but are dependent on a subjective interpretation of what constitutes failing to pay attention to the duties pertinent to the safe operation of a vehicle or for careless conduct. She pointed out that the proposed ordinance is not subjective but it simply says “text and get a ticket”. She stressed Sandpoint is very concerned with the well being of all citizens, which is a proactive step toward enhanced safety for motorized and non-motorized forms of transportation.
Councilman Reuter felt the difficulties of having multiple jurisdictions with various laws regarding cell phone usage will lead to unequal enforcement and will make it difficult to have consistency. He said he spoke with Idaho State Senator John McGee, Chairman of the Transportation Committee, who stated that, next Tuesday, a group of lawmakers in Boise will have a discussion on creating an anti-texting law on a statewide level, that he expects to see action during this year, and the Chair of the House Committee also supports the proposed law. He noted that Senator Shawn Keough is supporting the measure, as well. He felt it premature to adopt an ordinance based on what could happen in the next State legislative session.
Chief Mark Lockwood replied to Councilman Schuck that Idaho Code 49-1401 is a tool to enforce the law for text messaging, as well as inattentive and reckless driving. He agreed with Councilman Reuter and hoped the State will move forward with a code that addresses this issue. Councilwoman Davis added that she agreed that text messaging and the use of cell phones while driving is dangerous but felt the proposed ordinance was inconsistent, as it didn’t include hands free devices. She felt this is something the city should pursue with the State representatives.
Councilman Reuter withdrew his motion. Mayor Hellar confirmed that her veto was not overturned and recommended that a different proposal be brought to the Administrative Committee for discussion and review.
F. ELECTION OF COUNCIL PRESIDENT
Councilman Snedden noted that, historically, the council president is the one who has served the longest of the new council or has received the most votes. He stated that he falls into this category but didn’t feel comfortable taking on the role of council president due to his outside commitments. He envisioned the role of council president being very active, working to improve communications between mayor and city council, and to make meetings more efficient. He stated he has asked Councilwoman Logan to take the position as city council president, but she declined.
Councilman Snedden nominated Councilman Reuter for council president under the conditions that he work to make the meetings more efficient and to bring consensus for city council. Councilman Reuter accepted the nomination. Councilwoman Ogilvie seconded the nomination. Councilman Reuter was nominated and unanimously elected to be council president.
ADJOURNMENT The meeting adjourned at 6:24 p.m.
Gretchen A. Hellar, Mayor
ATTEST: Maree Peck, City Clerk
