Saundra McDavid

Even our newspapers are newsworthy here in Eagle. But not for the content they are providing. A recent Boise Weekly article revealed the motives behind the controversial Eagle Informer Magazine. When I read the first edition of the “Informer” I thought the articles were more of a propaganda and photo-op piece for Mayor Phil Bandy and that the information presented was historical and “re-written.” I know the people of Eagle want information about issues that affect them and want to know what issues are on the horizon, and I didn’t see that information published in the magazine.

I was also surprised that my restaurant, a landmark in Eagle for five years, was not listed in the restaurant section. It was my understanding that this magazine, which was paid for with City funds, was to be representative of the entire City. A brief glance through issue number two again revealed the absence of my restaurant in the restaurant section. This time I noticed a comment had been placed underneath the listings stating if you wanted to be listed you were to call in your listing. This seemed odd to me. Did all of those restaurants which were already listed call in, or were they hand picked by the publisher? That second issue joined the first in the trash and that was the extent of my experience with the Informer. I knew others were voicing concerns about the publication and I was relieved to see the City would not be providing additional funds for the publication.

A call on Monday from Nathanial Hoffman of the Boise Weekly brought new “news” of the Informer. The voice mail he left on my answering machine mentioned something about the Eagle Informer being formed out of the Mayoral Race. I was surprised to hear this and thought “surely not.” It’s always my preference to give people the benefit of the doubt. I know some in City Hall are working towards a better communication with the city and that was a campaign issue. Perhaps this is what he meant?

An early morning phone call on Tuesday indicated that I had been incorrect in thinking that the Eagle Informer was an innocent attempt at better communication. Nathan told me that the publisher not only was a vocal Bandy supporter, but labeled me and my supporters as “the haters.” A newspaper publisher actually said this? On the record? She said this about nearly 50% of the voting population of the city who will be reading her publication? He then went on to say that the publisher, Mary Defayette, had claimed that my restaurant is an example of what is “wrong” with Eagle. So that is why my restaurant is left out of her listing section. A restaurant that has thrived for five years in a downtown struggling with revitalization issues is what is “wrong” with Eagle? Does she think if she doesn’t list it that it will go away? Not a chance!

The phone call left me fuming. We had actually spent city funds on this publication! If Bandy knew the angst and animosity behind the publisher, why did he support the publication?

The last lines in the Boise Weekly are revealing:  Defayette wants “more access to city information—Eagle is notoriously slow in publishing its city council minutes. But if they are depending on Bandy for that information, they are not doing their jobs. “I would like to have those magazines and newspapers do a little bit of the footwork first,” Bandy said. Then he’s happy to edit anything they write, he said.”

Bandy is EDITING the news stories?

Is he that desperate for a PR boost that he has to PAY a publisher to post fluff and allow him to re-write articles in his favor?

The Boise Weekly article can be found here: http://www.boiseweekly.com/gyrobase/Content?oid=oid%3A315761

Join us at Andrew’s Rib Shack in Meridian on Wednesday evenings for award winning barbecue and live music on our Patio! Wine tasting from local vineyards, draft beers and microbrews. Or bring a blanket and enjoy the music picnic style in the park! Wednesday June 25 features the talented musicians from Arts West.

Andrew’s Rib Shack is located at Idaho and Main in downtown Meridian.

At the bottom of this post is an e-mail sent to many of the City of Eagle staff and other selected people. In the e-mail, Eagle City Councilman Steve Guerber accuses me of inaction on growth issues that affect the City of Eagle. Mr. Guerber where have you been? I have spent the last two months campaigning for State Senate in an attempt to allow our cities more autonomy in managing the growth that affects them. It is ridiculous to call my actions in growth management a “deafening silence.”

Where has the Mayor’s Office been in representing the people of Eagle in these growth issues that affect our community. As of May 30th the City has not yet prepared a staff report to address the developments that Councilman Guerber mentions in his e-mail below. Mayor Bandy has some explaining to do regarding his campaign promises of managing the growth. Letting the market manage growth for you is not a management plan!

—–Original Message—–
From: DONNA K GUERBER <dsguerber@msn.com>
To: Sheri Horton <shorton@cityofeagle.org>; alcityplanner@aol.com; bcerda@cityofeagle.org; Barbara Burton <bburton@cityofeagle.org>; bvaughan@cityofeagle.org; Crystal Skinner <cskinner@cityofeagle.org>; hhyde@cityofeagle.org; Jeff Lowe <jlowe@cityofeagle.org>; Julie Lafferty <jlafferty@cityofeagle.org>; Kellie McCombs <kmccombs@cityofeagle.org>; Michael Echeita <mecheita@cityofeagle.org>; Michael Williams <mwilliams@cityofeagle.org>; huffakerpc6@hotmail.com; mmongelli@cityofeagle.org; nbaird@cityofeagle.org; semanko@rmci.net; pbandy@cityofeagle.org; sharon@cityofeagle.org; Susan Buxton <seb@msbtlaw.com>; Ted Vanegas <tvanegas@cityofeagle.org>; Theresa Smith <tsmith@cityofeagle.org>; tosborn@cityofeagle.org
Sent: Sat, 31 May 2008 10:14 am
Subject: RE: mail 5/29/08

I know there has been discussion in and around City gatherings about the three items on the Ada County P&Z agenda (the Hartley Lane development, the Dry Creek Ranch planned community, the Jeker Place development), but I sure don’t hear much noise about the consequences of adding several thousand residences on more than 2,000 acres adjacent to or in our area of impact. Where are the irate folks when a proposal with as great an impact on Eagle and their lifestyle as M3 or Avimor is about ready to be approved by the county P&Z (at least recommended for approval by the Ada County staff) with very little protest? My question, I guess, is whether the City of Eagle should up the noise level about the impact major development outside our control will have on appropriate planning for our city? (Al, maybe you can explain what seems to be a “deafening silence” from your friends at Voice of Eagle, the Northern Foothills association, Saundra McDavid and her followers, and others supposedly concerned about growth issues in Eagle). Anyone?

STEVE GUERBER

On May 27^th you have a chance to make your voice heard and to send a clear message to our Idaho State Leaders.

In 2007 Senator Stan Bastian, acting as Eagle City Councilman, made the council motion to create a Local Improvement District (LID) allowing the City of Eagle to force a $7.2 million dollar tax on its residents without allowing them to vote on the issue. This motion was seconded by Phil Bandy, now Mayor.

In his campaign for re-election to the State Senate for District 14, Senator Bastian has made comments indicating he supports the people’s right to vote on the LID. His record indicates otherwise. Not only is there no record of him opposing the LID, he was the one who made the motion to create it! This is campaign double talk at its worst. Senator Bastian continues to support increased taxes and bigger government.

Say ”No!” to political double talk. Say “No!” to increased taxes.

It was not until the people of Eagle became outraged and NEW City Councilman were elected that the LID was dissolved and a path was chosen to put the purchase of Eagle Water Company to a vote of the people.

Saundra McDavid actively supported the people’s right to vote during her campaign for Mayor of Eagle in 2007 and during the LID hearings in 2008. She petitioned our State Senate Leaders to pass a bill which would have prevented cities from abusing the LID statutes and forcing taxes on their residents without their votes. Senator Bastian did not offer his support at the Senate Hearings on the bill. He was not there! Neither was candidate Chuck Winder. McDavid is the only District 14 Senate candidate who attended the meetings and was willing to support the residents of Eagle.

McDavid is opposed to increased taxes. She is against increasing the gas tax. (Both Bastian and Winder have supported an increase in the gas tax.) McDavid wants our property taxes lowered, and would like to eliminate the grocery tax. She has the courage to say “No!” to increased taxes.

Same day Voter Registration is available at the Polls. Early voting is available NOW!

Directions to your polling place can be found at www.SaundraMcDavid.com

District 14 Needs New Leadership

Vote for Saundra McDavid on May 27^th

Is election to the State Legislature a right of passage for career politicians? If voters continue to elect representatives who have spent their political life making deals with special interest groups and other politicians, we will continue to get the legislators that we have today who will continue their efforts to ensure nothing ever changes. The Idaho Statesman news Editorial board has chosen to endorse the incumbent candidate for state Senate District 14, a candidate who in 2007 helped to circumvent the people’s right to vote in an attempt to force a $7.2 million dollar tax on the people he was supposed to be representing.

In choosing not to endorse me as a candidate, the newspaper’s editors stated that I have a “strong populist streak.” Political journalist William Safire defines a populist as a person who is attuned to the needs of “the people.” Since the term “populist” is not used by the newspaper to describe the other candidates for the Senate District 14 seat, one may conclude the editorial board believed the candidate who obviously supports “the people” is somehow less worthy of a vote.

In stating that I “lack experience,” the editorial board implied that my career as an attorney and a law professor appears to mean nothing when evaluating the “experience” of a potential lawmaker. True, I have no experience raising taxes, I have no experience pandering to special interest groups at the expense of the wishes of the people I am supposed to represent, and I have no experience in political double talk. Overcrowded schools, congested roads, worsening air quality, and skyrocketing property taxes are all areas that other candidates may claim as products of their “experienced” leadership.

What I do have is a conviction to bring the people’s voice to the State Legislature and a determination to bring more accountability to the residents of District 14. I have the courage to stand up for what I believe in, as demonstrated in the close Eagle mayoral election campaign last year. I have the ability to vote according to the wishes of the residents of District 14, not the special interest groups who fund my opponents’ campaigns. I have the strength to cast my vote in the state Senate for the principles of less taxation and less government.

A change in leadership is needed. Vote for Saundra McDavid for the state Senate, District 14.

A year ago Eagle City Councilmen Stan Bastian (now State Senator), Phil Bandy, and Steve Guerber had an opportunity to purchase Eagle Water Company. Instead of involving the citizens of Eagle in the details and ramifications involved in that purchase, the city officials chose to pursue an unchartered and seemingly covert path for the purchase by forming a Local Improvement District (LID) in order to avoid the necessity of having a public vote on the issue.

Looking at the proposed purchase price itself, it appears city officials did not engage due diligence necessary for a $7.2 million transaction. Perhaps because there would be no public vote on the transaction, an outside appraiser was not hired to determine if the purchase price was a fair price. Instead of making arrangements to pay for the purchase of Eagle Water Company through bonds paid for by the revenues of the water company, which would have required a vote of the people, Eagle city leaders chose to force the $7.2 million purchase price on the affected residents, and then to place liens on the properties of those owners who did not pay within thirty days of their assessment notice.The assessments also fundamentally were unfair, as they were not based on actual water usage, but on the size of the water pipe on the properties. Those owners who farmed their land and were not current water company customers were assessed by the city more unfairly. Their assessments were to the tune of tens of thousands of dollars on the assumption they were going to sub-divide their properties into high-density lots.

Eagle city’s actions caught the attention of the state legislature in March of this year and a Bill to prevent the seemingly outrageous overstepping of city government authority passed through the House of Representatives but failed to get out of the Senate Committee, thus it never reached the Senate Floor. Senator Bastian was not representing the people of Eagle in his District 14 in the Senate during the committee hearing on March 18, which I attended and he did not.

Luckily for those facing very large assessments in Eagle, the newly elected and appointed City Council members acted responsibly at the Council’s April 8^th meeting and repealed the LID city ordinance, apparently against the wishes of current Mayor Bandy and Councilman Guerber. After voting to rescind the ordinance, the latter stated “for the record” that the former Council on which he and Bandy served “did nothing wrong” in forming the LID on its own in order to purchase a water company and levy assessments on properties.

In the meantime, Senator Bastian, who is running for Senate re-election this year, has switched to damage control mode. In recently published statements, he has stated he actually was not in favor of the LID as written which he helped to create in 2007, and that “at the time” of the previous Council’s vote he “had stated…I prefer a vote of Eagle citizens on this issue.” Are those true statements? Not according to a review of approved City Council Minutes from October 24, 2007. Those Minutes reveal Senator Bastian was the Councilman who made the Motion to create the Eagle LID, seconded by Bandy. Is Senator Bastian’s double-talk what voters want representing Eagle and District 14 in the State Senate?

According to the water company purchase contract, Eagle had until March 31 of this year to get the financing in order. The city failed in that effort and currently no purchase contract exists, as Eagle Water Company has to date refused to allow a contract extension. Therefore, the ordinance allowing a public vote on a city revenue bond to raise monies for the purchase was not passed, as it is no longer needed. The city’s opportunity to purchase Eagle Water Company seems to be gone and it is unclear whether Eagle will have another opportunity to do so.

The questions remain: Has Eagle lost a beneficial opportunity for its citizens because Senator Bastian, Mayor Bandy and Councilman Guerber tried to circumvent the people’s right to vote, or has Eagle’s new city leaders averted a fiscal and bureaucratic disaster?

The path to purchase Eagle Water Company took another turn last night, as the City Council voted to postpone the discussions of the revenue bond until April 22^nd. Citizens waited for two hours last night, through an hour long hearing on a helicopter ordinance that should have never entered the process (see below), and another lengthy executive session held in the middle of the council meeting, before the council made the announcement that the discussion on Ordinance 622 would be postponed. I request yet again that the City of Eagle hold its executive sessions before the City Council meeting! Why make a room full of people who are trying to participate in our local government wait while you discuss “secret” topics in another room?

The reasons given for the postponement were that the questions concerning the feasibility and appropriateness of the purchase were valid questions which deserved an answer, and that the City was in the process of working on those responses, but needed more time. At least it appears from the comments from Councilman Huffaker that the City is concerned that sufficient information is distributed to the public in order for everyone to make an informed decision.

However something else is happening behind the scenes which may bring the entire purchase to a grinding halt. Comments were made on the record by Councilmen Huffaker and Semanko along the lines of “continued negotiations with Eagle Water Company,” “contract issues of timing and extensions,” “we want to give the people a chance to vote, but not ruin the chance to purchase the company,” and “the ball is in Eagle Water Company’s court. If we have an election it is up to them.”

What do these statements mean? A quick review of the contract indicates that March 31^, 2008 was the day Eagle was to have “obtained the required authorization to incur indebtedness and the Financing on terms acceptable to Buyer in its sole discretion.” Oops! Those pesky citizens who spoke out against the vastly unfair and questionably constitutional assessments put a halt to that process.

Another condition which was to have been resolved by March 31^st was: “there shall not be any injunction, judgment, order, decree, ruling or charge in effect preventing consummation of any of the transactions contemplated by this Agreement.” Eagle River’s lawsuit may have thrown the proverbial wrench in the gears as to this clause.

So the question becomes – what agreements have been drawn up between Eagle Water Company and the City of Eagle, that have not been disclosed? Has Eagle Water Company waived the two conditions above? Have extensions been granted? At this point, is there even a valid contract?

If we pass that hurdle, the next one is timing. Due to notice requirements, if the citizens of Eagle are to vote on a revenue bond during the May 27^th election, the authorization to hold the revenue bond election must occur no later than April 22^nd. We have one week left to enact the ordinance, or Eagle will need to wait until November. Will Eagle Water Company agree to that extension? Can due diligence be completed prior to May 27^th? The voters will surely vote “no” if it has not, which doesn’t make a great argument for a rushed election. A lot of questions to address in the next week.

Eagle is a conservative city in a conservative state. Its leaders should be following conservative principles which mean less government regulation. But alas, they are not.

Eagle has the aviation community up in arms over its proposed ordinance that would prohibit helicopter landings in Eagle. It stemmed from a one time incident in which a resident landed a helicopter in a vacant lot next to a field in Two Rivers Subdivision. The perplexing question on many people’s mind is why is the City spending resources and time drafting an ordinance based upon a one time incident? Mayor Bandy claimed the pilot was inexperienced and thus an ordinance should be enacted to prohibit inexperienced recreational pilots from landing helicopters in Eagle. In reality, the pilot is a commercially licensed pilot with over 350 hours of flight time, who was flying with another commercially licensed pilot holding over 300 hours. Mayor Bandy then claimed that the FAA never investigated the incident. In fact, the incident was investigated, and the pilot found innocent of any wrongdoing. The FAA declared that there had been no safety violations. So it makes me wonder why Mayor Bandy continues to spend the city’s time and resources in drafting this ordinance. Could it be because the pilot in question has publicly expressed his dislike for Mayor Bandy?

Other council members expressed a desire for the ordinance to protect the residents against unsafe behavior. The council heard testimony from the Administrator of the Division of Aeronautics of the Idaho Department of Transportation that the FAA and the State of Idaho already regulate the safe flying of aircraft. Helicopters are aircraft regulated by the Federal Aviation Administration (FAA). Pilots go through strict licensing procedures in order to fly an aircraft, and abide by a thick code of Federal Regulations in the operation of the aircraft. Safe operation of the aircraft is regulated by the FAA and reckless flying is punished by the FAA. If a pilot is found flying recklessly he or she will be punished by both the state and federal government. Councilman Guerber claimed that he was told by a FAA representative that the FAA never enforces the rules. I’m sure the airlines that had their planes grounded last week would comment otherwise.

There are already agencies regulating the safety of aircraft flight. Eagle does not need to duplicate the efforts; especially in light of the fact that a city employee testified that the ordinance would not be enforced for the first offense. It would be used as a warning. My question is, then why have an ordinance if it will be selectively enforced?

Where is our city of Eagle headed when we begin making ordinances based upon personal vendettas disguised as public safety issues? Last year I wrote on another ordinance recently passed by Mayor Bandy (acting as Councilman), Senator Bastian (acting as Councilman) and Councilman Guerber. See “She’s Gone.” It appears the questionable motivations of using our city code to advance personal agendas did not end with the previous administration.

The Eagle city council unanimously voted to dissolve the LID, which was created by Senator Bastian, Mayor Bandy and Councilman Guerber in 2007 for the purpose of purchasing Eagle Water Company without going through the normal procedures of allowing the residents to vote on the purchase. The three new councilmen, Huffaker, Shoushtarian and Semanko, made public statements along the lines of the LID being the wrong way to accomplish the purpose of buying the water company, and the purchase of the water company still needing to be evaluated. Mayor Bandy and Councilman Guerber also made public statements, but conspicuously absent from those statements was any admission that the creation of the LID was a mistake, or even that it was a significant misjudgment of the public’s perception of a forced assessment instead of a vote. In fact, Councilman Guerber even went so far as to claim that the Constitution specifically allows a city to purchase a water company. Councilman Guerber might try first reading the Constitution before he makes this claim. Nowhere in the Idaho Constitution does it specifically give a city the explicit right to create a LID for the specific purpose of purchasing a water company in order to subvert the people’s right to vote. If only our lawmakers could read their laws….. (See Below)

The next city council meeting will address the revenue bond that is being proposed to fund the purchase of Eagle Water Company. Councilman Huffaker rightly made statements on the record that before the Special Bond Election on May 27th the City needed to show that moving forward with the purchase was the right move for Eagle. He stated that it needs to be resolved whether the purchase price is fair, and whether Eagle would be better served by the City or another company operating Eagle Water Company.

Idaho Constitution:

Article VIII SECTION 3.LIMITATIONS ON COUNTY AND MUNICIPAL INDEBTEDNESS.

…any city…may…purchase…water systems, and for the purpose of paying the cost thereof, may…with the assent of a majority of the qualified electors voting at an election to be held for that purpose, issue revenue bonds therefor, the principal and interest of which to be paid solely from revenue derived from rates and charges for the use of, and the service rendered by such systems, plants and facilities, as may be prescribed by law;

“Mr. Mayor! Mr. Mayor!” Horton called. “Mr. Mayor!
You’ve got to prove that you really are there!
So call a big meeting. Get everyone out.
Make every Who holler! Make every Who shout!
Make every Who scream! If you don’t, every Who
Is going to end up in a Beezle-Nut stew!”

And, down on the dust speck, the scared little Mayor
Quick called a big meeting in Who-ville Town Square.
And his people cried loudly. They cried out in fear:
“We are here! We are here! We are here!”

The elephant smiled: “That was clear as a bell.
You Kangaroos surely heard that very well.”
“All I heard,” snapped the big kangaroo, “Was the breeze,
And the faint sound of wind through the far-distant trees.
I heard no small voices. And you didn’t either.”
And the young kangaroo in her pouch said, “Me, neither.”

From Horton Hears a Who by Dr. Seuss

The Whos down in Whoville finally made enough noise and saved their city – both in the book and in our city of Eagle. Too bad it wasn’t the mayor who led the charge, as was the case in the book and the movie. In our case it was the people. Those who chose to live in Eagle because they wanted to be a part of a unique community. Those who work hard to live here. Those who knew that the assessments were fundamentally wrong on so many levels and took time out of their busy days to speak out or support those that did.

The Whos of Eagle, who live, work and play,
They work and they play, day after day.
They came out in force
To say no (of course.)

On March 31st Councilman Norm Semanko introduced a City Ordinance to dissolve the LID which was formed in 2007 by Mayor Bandy, former Councilman Bastian (who is now a state senator) and Councilman Guerber to purchase Eagle Water Company and force an assessment on over 6,000 residents and businesses in order to pay for the purchase. Councilman Semanko also made a motion to add a general revenue bond to the election calendar on May 27^th so the residents of Eagle have the opportunity to VOTE on whether they want to incur the debt to purchase the water company. The 400 people who appeared at City Hall to protest their assessment, and the 1200 or so who signed the petition by the Eagle Water Tax group were heard. Thank you, Councilmen Semanko, Huffaker and Shoushtarian for listening.

Now the question for Eagle – are the residents being led by a mayor or a “kangaroo?”