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1 Star City Council Meeting Minutes November 1, 2011 Pre Council Meeting South Main Street Discussion - The Mayor called the Pre-Council meeting to order at 6:00 pm. The Mayor began the discussion regarding the Main Street sidewalk. Ada County Highway District has marked the road and trees along South Main Street where the proposed sidewalk will be. At the current time, there are no changes to the sidewalk situation at Sam's Saloon due to the parking issue. Bell suggested reducing the impact on the east side property by getting rid of one bike lane. McDaniel would like to see less of an impact on the east side property and possibly re-draw the bike path. Erlebach stated that we should see if it would be less of an impact to move the sidewalk. Smith agrees and would like to see what happens with one less bike path. The Mayor stated that we would have another meeting once the Highway District has put together a preliminary drawing with the sidewalks moved out farther to the west. Regular Council Meeting The regular meeting of the Star City Council was held on November 1, 2011 at 7:10 pm at the Star City Hall. Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council persons Tom Erlebach, Gary Smith, Tammy McDaniel and Chad Bell were all present. Approval of the Agenda: Erlebach moved to approve the agenda, Bell seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda consisting of: Claims Against the City – October 2011, Regular Meeting Minutes of October 4, 2011 and the C&A Paving payment request, McDaniel seconded the motion. All aye: motion carried. Presentation/Public Input: Mayor’s Presentation – The Mayor presented Bailey Smith and Logan Cook with certificates and gift certificates for volunteering to referee the Flag Football teams. The Mayor thanked Bailey and Logan for their service and to all the other volunteers in the City. Star Police Report - Chief Ramage - The Mayor stated that Chief Ramage was on vacation and there would be no report tonight. ---PAGE BREAK--- 2 Ada County Sheriff’s Office Presentation – The Mayor stated that Councilman Smith had stated that the City of Eagle had received a sizeable discount from the Sheriff's office on their agreement for services and we've asked the Sheriff's Department to address this issue. Captain Scott Johnson stated that the Sheriff's office has a formula they go through for all three contracts they have with Eagle, Star and Kuna and all are the same. The County Commissioners approve this formula and it is fair across the board. The City of Star did see a small increase this year due to a cost of living increase. Each city gets the same deal as the other. Committee Reports - There were no committee reports. Public Input – Denice VanDoren, 11061 Frost Street, Star, Idaho – (Please see attached) Smith stated that everything was put in the paper and people know how he feels. Frank Turner, 234 N. Devon Way, Star, Idaho – Turner stated that November 10th, is the Marine Corp birthday and Veterans Day is on Friday. Frank invited all Veterans and their spouses to join the celebration this year. This will be the third year this has taken place and this year he's already getting phone calls. The celebration will be held next Thursday night, November 10th from 6 to 10 pm at Helina Marie's. Kevin Nielson, 11877 Blake Drive, Star, Idaho – (Please see attached) Smith stated that the website is not his and he did not put it up. Smith stands behind everything he put in the paper and will back it up with documents if anyone wants to see them. He will sit down with Nielson and go through them. He sends emails out to the community and other than a few people that show up at the Council meeting, he has their support. Smith would be willing to go out to a community survey and see what the people think. He believes he would have gotten a phone call if everyone was upset. Nielson's accusations are false, he did not put up the web site, he did blog on it, and he did respond to people. Smith did not move here until November 2006 and he was not involved in the recall, it was over and he has corrected the Stokes. Smith stands behind what he says. The Mayor talked about emails and saw the blog to VanDoren; the Mayor would caution Smith to be careful about being so aggressive with constituents. When the Mayor reads them he doesn't believe that anybody is arguing the facts - all things that were talked about happened on the record. No one is arguing the facts, they are angry with the way you talk to them. Chris Stokes, 10166 Arrowleaf Court, Star, Idaho - (Please see attached) Smith stated that he appreciates Stokes' apology. Regarding the web site, he should not have blogged about everything, but stands behind everything he's said. As far as his ---PAGE BREAK--- 3 duties around the community, he will stand to those committees and talk to them. He is on the ESTEC board and BVEP and he is liaison to the Seniors and will stand and listen to them. He stands behind every action. He did not put seal up on the web page. Smith doesn't like the negativisms but thinks that what happened to the community started with Terry Malarkey at the District 14 meeting. Someone was spreading rumors. Smith stated that he received information on a candidate that was running. Smith stated that he supports Malarkey. Smith talked about the recall. Smith stated that he told the constituents that he would be a voice for them when he was elected. They were all on the EDC and created the master plan and vision for this city. Everyone knows his position. Smith believes that since he started speaking out about certain things is when people got upset with him. Up to that point everyone supported him. He has been trying to get to the bottom of things. Smith stated that he stands behind everything in the paper he’s said. The Mayor stated that from his perspective when things changed – Smith got elected two years ago as a Council member; Smith is one of four votes; we have discussions, and there is a vote, it either passes or fails and it is a final decision of the Council. The Mayor stated that when things went sideways for him was when the Council would vote on something and it didn’t go the way Smith wanted, it then ended up all over the valley with a negative, and a nasty tone, with Smith telling us how stupid we are. Stokes stated the Mayor’s comment was right. Smith thinks he’s the only one that’s right and he’s the only one that knows the way things should be done; and that’s the way you come across. It’s not like someone is burning at the stake, but you are quibbling about minor, insignificant none issues and you constantly haranging about nothing. Stokes stated that it’s Smith’s way or the highway and we’re sick of it. It’s been ugly and she can’t stand to see what’s happening in this City because of you. Carrie Landry, 11050 Vega Lane, Star, Idaho - (Please see attached) Smith stated that he stands by what he says. Kevin Nielsen stated that when he goes on “Facebook” his name and picture show up, when Smith goes on his name and the “Truth About Star Politics” shows up. Smith may not have typed in the letters to create the page, but you have direct administrative access and Nielson wants this explained. Smith stated that when he blogs only his name and face show up. Everyone stated that that was not true – “The Truth about Star Politics” shows up. Nielson stated that Smith may not have created the page, but Smith has site ownership. Old/New Business: Discussion Regarding Un-Official Use of the City Seal - The Mayor stated that we've never had a policy regarding the City Seal because we've never had to. The Mayor stated that before the Council was a draft to put in place an affirmative action regarding the use of the Seal/Logo. We can have it placed on the next agenda if the Council wants. ---PAGE BREAK--- 4 Bell stated that he always understood that the Seal was protected. He believes we do need to take affirmative action; nobody should be able to use the logo without permission. Bell stated that we should move forward with getting this Ordinance passed. Smith stated that he thinks it’s a good thing. Erlebach stated that we all live in this town and with the unethical use of the Seal lately, we need to put the Ordinance in place. The Mayor stated that we will schedule it for the next meeting. Ordinance No. 221 City Elections – The Mayor stated that this Ordinance puts us in compliance with State Code regarding elections. McDaniel moved that pursuant Idaho Code Section 50-902, the rule requiring an Ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 221 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: Erlebach, Smith, McDaniel and Bell - all aye: motion carried. Bell moved to approve Ordinance No. 221, an Ordinance of the City of Star, Idaho, implementing City elections to conform to State Code; Campaign Financial reporting; clarifying tie vote procedure; repealing Ordinances No. 27 and 30 General City Elections; and providing for an effective date, Erlebach seconded the motion. Roll Call: Erlebach, Smith, McDaniel, Bell – all aye: motion carried. Sidewalk Discussion (El Mariachi Loco) – The Mayor stated that this item is about the missing sidewalk in front of El Mariachi Loco. There is roughly 250 feet of sidewalk missing from in front of the restaurant. Smith moved to put the sidewalk in, Bell seconded his motion and suggested we put it out to bid. Smith modified his motion to add “putting it out to bid”; Bell amended his second. Erlebach stated that we need to consult the property owners. All aye: motion carried. Ordinance No. 215 Unified Development Code – The Mayor stated that the changes have been made and now the Council needs to decide if they want to approve it. Bell moved that pursuant to Idaho Code, Section 50-902, the rule requiring an Ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 215 be considered after reading once by title only, McDaniel seconded the motion. Roll Call: Erlebach, Bell, McDaniel and Smith - all aye: motion carried. McDaniel moved to approve Ordinance No. 215, an Ordinance of the City of Star, Idaho repealing Zoning Ordinance No. 59 and subsequent text amendments 68, 75, 96, 108, 120, 124, 131, 157, 174, 190 and repealing Subdivision Ordinance No. 31 and subsequent text amendments 40, 86, 105, 164; adopting the Unified Development Code for the City of Star, Idaho; providing for administration, general regulations, district regulations, regulations applicable to all Districts, specific use standards, subdivision regulations, planned unit developments and sign regulations; and providing an effective date, Erlebach seconded the motion. Roll Call: Erlebach, Smith, McDaniel, Bell - all aye: motion carried. ---PAGE BREAK--- 5 Reports: Erlebach stated that the new Hunter's Sports Complex is coming along. The grass was planted this week, they will do the parking lot this week, the flag pole is up, trees are in; the park should be done in the next couple of weeks. Erlebach asked that Jayker's Trees, who have donated trees for the park, have a brick at the new park paid for by the City. Smith stated that he attended the District 14 breakfast and he participated on the Luna taskforce. He stated the EDC committee chair has resigned and they are advertising for a hiring a new one. He attended the Idaho Power Eastern Valley Tech Committee. The Star mixer was a big success. He understands there has been some vandalism in the bathrooms at Blakehaven. The Mayor stated that we have had some vandalism in the new restroom, a couple girls have been drawing on the walls. The Mayor stated that a baby changing station will be installed in the restroom. McDaniel stated that everyone should check out the ACCEM website, they have a lot of good ideas and suggestions for emergencies. Bell stated that he has not attended any meetings. Bell stated that he was shocked to see that the City Council was looking for a new EDC Chair. Smith put an ad in the paper regarding the EDC Chair without the rest of the Council knowing about it. Bell didn't know we were even looking for an EDC Chair let alone that it was advertised in the paper. Bell stated that this is something that the Council decides not the liaison. The Mayor stated that he attended the COMPASS meeting. COMPASS is made up of thirty six (36) agencies from around the valley. The Mayor explained the white board and that it was for all the emergency services. The upstairs has all the technical stuff, it's all from a Homeland Security Grant. The Mayor attended the Chamber mixer, it was a nice event. Adjournment: The Mayor adjourned the meeting at 8:30 pm. Approved: Respectfully Submitted: Nathan Mitchell, Mayor Cathy Ward, City Clerk ---PAGE BREAK--- 6 Denice VanDoren I was shocked to learn, via Councilman Gary Smith’s propaganda social media page, which by the way had the City of Star seal on it, that a few years ago, I apparently was running Star and that I thought it was like Mayberry. This led me to think back on when I was apparently in charge of things and what has transpired since then. Until recently, things have been rolling along really smoothly in Mayberry. The city is doing well financially and has added some terrific recreation programs and parks for residents. Although I did not know that me and my ‘gang’ were running Star until Gary Smith told me so, I do know that ‘back in the day’ We did not have a sitting council member ask for an ordinance that would impound vehicles as a revenue producer for the city. We did not have a local businessman threatened to have his business ruined if he did not have a change of heart about who he was supporting in the election. We did not have a council member sent a blackmail letter demanding his resignation and another sitting council member defending that action - in writing on a social media page. We did not have a sitting council member constantly publishing diatribes with half- truths in the local media. We did not have valued members of volunteer organizations in the city resigning because of the bullying tactics of a Star city council liaison. We did not have a sitting council member attack a local resident that had the audacity to challenge him during public input at a council meeting. And, we did not have a sitting council member using the City of Star Seal in a social media site to tyrannically rant and spread lies about local residents. Mayberry? Not yesterday and certainly not today. This is Star and it is a great community, one that I have lived in for just about 12 years and care about very much. In that time, I have raised my daughter here and owned and operated two businesses. And, just for the record, I really was never in charge of anything except trying to ensure that my friends and neighbors had a great cup of coffee and that their stories appeared in the local paper. It is difficult to watch what has been going on lately. Too much energy has been spent by too many on the venom that spews from the mouth and computer of Gary Smith and his pals. It is beyond disappointing and is, ultimately, destructive to this city. ---PAGE BREAK--- 7 Gary Smith has demonstrated over and over again that he does not possess the professionalism and ethics required to be an elected official in this city and should therefore resign, preferably immediately. ---PAGE BREAK--- 8 Kevin Nielson I take issue with Councilman Smith's manner in which he deals with citizens in Star that don't agree with or challenge his positions. I have been the recipient of his browbeating e-mails, which insinuate that because I am not at each and every council meeting, or at the Senior luncheon or whatever event he attends, that I don't know what is going on and do not qualify to have an opinion. Of a similar nature, Gary's recent public e-mail spats at Carrie Landry are condescending, demoralizing and sarcastic, and his public Facebook flogging of Denice VanDoren is deplorable, slanderous and unbecoming of a public official let alone a decent human being! Gary's use of his public office in this manner is tyrannical, his interminable tirades against the citizens that disagree with him read like those of a madman. Gary Smith has violated public trust by using the city seal on a facebook page titled “The Truth About Star Politics,” created by him, not sanctioned by the City, where he denigrates the acts and opinions of his fellow city officials and citizens of Star, stumps for his favorite candidates and suggests that the people of this city have been lied to. This action, done under the guise of official city business, is misleading, it is an abuse of public property purchased by the citizens, and again, is tyrannical! Mayor Mitchell, I have no confidence in Gary Smith's ability to perform his duties as a City Councilman or to represent in any way the citizens of Star. I respectfully request that you remove Gary from any and all committees he currently serves on and that the council take all steps necessary and possible to prevent him from acting as a representative of the city at any meeting or function inside or outside the city of Star. Further, Gary, for your tyrannical behavior and violations of public trust, and to spare yourself and this city the embarrassment of yet another recall, I demand that you resign your position on the city council. ---PAGE BREAK--- 9 November 1, 2011 I am speaking on behalf of myself and many other like-minded people in Star. Some are in this room; many are not. There is a rapidly growing concern that recent actions of Gary Smith’s actions as City Council member have been detrimental to Star. Mr. Smith has brought a strident, mean-spirited, and vindictive atmosphere to our city and the conduct of its affairs. In short, Mr. Smith is turning Star into a less pleasant place to live. I stand before you today to ask that you reject Mr. Smith’s behavior and approach as to how Star should be governed. I ask you to continue to reject Mr. Smith’s proposals that are unnecessary and unbecoming of the friendly community we are, such as the proposal to impound cars of drivers who can’t produce proof of insurance as a revenue stream. This is unnecessary and unbecoming of the friendly community we are. I ask that you reject Mr. Smith’s repeated challenges over the City’s hiring practices and job descriptions. His behavior is an insult to the good, talented people who are faithfully serving the citizens of Star, including our Mayor and his management of the city. I ask that you request Mr. Smith to cease airing his distorted grievances based on his personal opinion, such as the proposal to increase the Mayor’s salary and other issues. He has turned a difference of opinion into an indecent personal attack that is unbecoming a Councilman. I ask that you instruct Mr. Smith to stop using the City Seal on his personal communications. This demonstrates poor judgment and inappropriate behavior. Most disturbing is Mr. Smith’s silence involving intimidation and alleged threats made of other city officials. Mr. Smith remained silent when a member of the EDC committee made intimidating and threatening remarks to a local business owner. As a result of this intimidation, the business owner resigned as the chair of the EDC. This is exactly the type of ugly, bare-knuckle politics that threatens to destroy the trust and respect necessary to make sure Star remains a pleasant place to live. The City Council should stand strong and united in condemning such actions. To sit in silence is to condone this type of behavior. How is this good for business in Star? How does this encourage volunteers to step up in Star? Mr. Smith remained silent when the same member of the EDC committee delivered a letter directed at a fellow city councilman that demanded the council member resign by a specified date or a report of his past records would be sent directly to the newspaper. ---PAGE BREAK--- 10 Unfortunately, I played an unwitting role in contributing to the current situation. I actively worked to get Gary Smith elected to Star city council two years ago. I am disappointed in myself for having been such a poor judge of character. After having been continually disappointed by Mr. Smith’s actions since he joined Star city council, I feel compelled to speak directly to Mr. Smith and say, “Fool the citizens of Star once, Mr. Smith, shame on you. Fool them twice, shame on us." I am here tonight to do what I can to make sure we won’t be fooled again. For the sake of our community and preserving the peaceful, friendly atmosphere that makes Star such a wonderful place to live, I respectfully request city council to consider taking the following actions: 1. Hire a PR person and website manager who will make sure that Star is portrayed and promoted to the public in a positive, attractive manner. No one person on city council should have an undue influence when speaking on behalf of our entire community. 2. Remove Gary Smith from the EDC and all outside committees where he currently represents the City. He is a negative, divisive influence. His continued presence on these committees will only serve to undermine Star’s relationships with other agencies in the valley. Thank you for your time. And most of all, thank you for your hard work on behalf of Star. Chris Stokes 10166 Arrowleaf Ct. Star, Id 83669 PH: [PHONE REDACTED] ---PAGE BREAK--- 11 “Blackmail is the crime of threatening to reveal substantially true and/or false information about a person to the public, a family member, or associates unless a demand made upon the victim is met. This information is usually of an embarrassing and/or socially damaging nature. The act of revealing the information may not be criminal in its own right nor amount to a civil law defamation; the crime is making demands in exchange for withholding it. From Wikipedia, the free The reason I have stated the description of blackmail tonight is that Gary Smith by his own admission, has stated that he believes the crime of blackmail is an acceptable form of communication. Mr. Smith’s addressed the blackmail of Councilman Erlebach on his political facebook page the truth about star politics in this manner - “Let’s see that leaves the “Black Mail” issue.” You call it Black Mail - I call it being honest and letting the people know who our leaders are.” I was at the city council meeting on Oct. 4 when council man Tom Erlebach revealed that he had received an anonymous blackmail letter for a group of self proclaimed “concerned citizens”. As a resident of Star and just a plain human being, I can tell you it was painful and shocking to me and I believe most people in the room felt the same. I say most people as obviously Gary Smith felt it was OK. I have in my hand a copy of the letter sent to Tom from the “concerned citizens” on how they would disclose information about Councilman Erlebach. Here is just some of what was listed in their letter- Attached information will be sent to all 2617 registered voters in Star on Oct. 10 Posted on facebook and networking sites Sent to Statesman, Valley Times, Middle Gazette and The Independent Public disclosure at City Council meetings by concerned citizens At the bottom of the blackmail letter the “concerned citizens” state the following demand in exchange for withholding their so called information. “The concerned citizens will not release this information through their channels and network if Tom Erlebach resigns immediately. Not later than the end of this week- Oct. Do I need to go back and re-read the description of blackmail again? Well Mr. Smith, you call this form of communication “being honest”, but the law calls it blackmail. The Federal Bureau of Investigations has primary ---PAGE BREAK--- 12 investigative jurisdiction of offenses in 18 U.S.C. § 1951 – this covers blackmail and extortion and it is a statutory offence and if convicted can lead to imprisonment. If an elected official is condoning blackmail as an acceptable form of communicating to citizens then who is safe? What has our town come to? Is this behavior we want our children growing up around? I am quoting another resident of Star who stated “Corruption doesn’t take hold until good people ignore it”. You again have demonstrated a lack of integrity and should in fact resign your council position immediately. Carrie Landry