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Council Agenda


This is a tweener to keep you abreast of the council activities. And active they are....

It will be interesting to see if City Manager Smith is at the meeting. At the last special session, the council voted to accept his resignation, effective 2/14, as per the city charter. There is some question whether that was a legal action by the council because the charter says nothing about resignations although it does stipulate in Section 3.09 about removal. The issue is that a resignation is initiated by the person resigning and removal is done by the council. Generally resignations come without conditions although Smith's had a list of conditions in his letter. Removal is done either with or without cause. If the council were to remove without cause, they would end up paying pretty much what Smith asked for in his letter. Stay tuned...

On a personal note I would like to see all councilpeople treat each other with more respect. It doesn't sit well for our city representatives to be verbally attacking one another, sniping, snarky asides, interrupting, censuring, and criticizing. I understand that are differences-of substance and style-among the council members as well as emotional attachments to various positions and issues. And I recognize that the gender balance has changed on the council, from a majority of men (5/2) to a majority of women (4/3) and that has led to some differences in approaches. And the council is young, as it were. But none of that means treating each other with disdain. If I were the Minister of Comportment...I would decree that they publicly apologize to each other and to residents of Bisbee, turn a new page, and vow to try their best to discuss issues without disdain and invective. At a council meeting.


...................... COUNCIL AGENDA

Tuesday February 19 7:00

915 Tovreaville Road (across from county recycling/waste disposal)

This is the new city hall.... Background here:

Of interest:

#4 Some iBisbee committee members, other interested business people, and personnel director Daniel Duchon put together a proposal to the council for a job description for a Tourism Director. It is up for approval.

#5 Ms. Bagley, city treasurer, would like to move the City's banking business to Washington Federal from Wells Fargo. It was put out for bid. #6 Request for approval to hire outside attorney to consult with council about Jacobs contract. At issue is some council people and residents think that the contract is bad because there is no escape clause for the city and that the motion to contract with Jacobs to run the WW treatment plant is invalid because the motion in the minutes stipulated it was for a one year term However the discussion of the motion and the contract itself called for a five year term. Other council members and the city attorney think it is a valid contract for 5 years. The underlying crux of the issue is that the contract apparently does not give the city an escape clause other than for breach of contract. There was a petition given to the council opposing the contract. In the background there is a two page legal memorandum from the city attorney stating the legal case for dismissing objections and opining it is a valid contract. (In my opinion it would be a waste of city money to spend dough chasing a legal opinion.  I don't think Jacobs, a $15 billion company would take kindly to a breach of contract. It is throwing money the City cannot afford into a bottomless legal pit.) #7 This would say that the City officially opposes the use of concertina wire at the Naco border. It adds another voice to several cities opposing the use of the repugnant dangerous wire. While proclamations by themselves often do little, they add up when many cities express their opposition to a government action.



A.     Approval of the Appointment of Sandra CH Smith to the Bisbee Arts Commission.

B.      Approval of the Appointment of Linda Hallsted to the Evergreen Cemetery Committee.

C.      Approval of the Appointment of Deborah Phagan to the Evergreen Cemetery Committee.

D.     Approval of a Park, Facility, and Right-of-Way Use Permit for the use of Subway Street for Merchant Events to be held on Saturday, March 16, 2019, May 18, 2019, September 21, 2019 and November 16, 2019 from 8:00am to 10:00pm; which includes set up and breakdown.

E.      Approval of a Special Event Liquor License Application submitted by St. Patrick Church for an Event to be held at St. Patrick Church Hall/ Basement Located at 100 Quality Hill, Bisbee, AZ on Friday, March 1, 2019 from 6:00PM to 11:30PM, Jennifer Ratkovich, Applicant.

F.      Approval of a Special Event Liquor License Application submitted by St. Patrick Church for an Event to be held at St. Patrick Church Basketball Court Located at 100 Quality Hill, Bisbee, AZ on Friday, September 13, 2019 from 6:00PM to 10:00PM, Jennifer Ratkovich, Applicant.


3.        Discussion and Possible Approval of Ordinance O-19-01; Amending Article 5.2.4, CM Zone, Division 2 Adding Cocktail Lounges and Taverns to Permitted Uses.

Paul Esparza, Planning Manager


4.        Discussion and Public Input and Possible Approval of an Updated Visitor Center/ Tourism Director Job Classification.

Daniel Duchon, Personnel Director

5.        Discussion and Possible Approval of a Contract for Services with Washington Federal for Banking Services, Merchant Services and Employee Purchase Cards.

Keri Bagley, Finance Director 

6.        Discussion and Possible Approval to Retain an Attorney to Consult with Council about the Jacobs Contract and all the Protests.

 Leslie Johns, Councilmember Ward I

7.        Discussion and Possible Approval of Resolution R-19-03; Denouncing the Use of Concertina Wire as a Unauthorized Border Crossing Deterrent by the Federal Government along the U.S. Mexican Border.

David M. Smith, Mayor

8.        City Manager's Report:

·         Other current events (No Discussion)

COUNCIL COMMENTS OR FUTURE AGENDA ITEM SUGGESTIONS: (Council members may suggest topics for future meeting agendas, but Council will not here discuss, deliberate or take any action on these topics.):


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