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The Star News; McCall, Idaho
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LEGACY PARK, MARINA DEALS RAPPED
Citizens, parks panel say McCall council partial to concessionaires
MICHAEL WELLS | Dec13, 2007
THE STAR NEWS

Anonymous clients of a local attorney claim that outgoing McCall City Council members Bill Robertson and Bonnie Bertram plan to grant favors to friends before they step off the city council at the end of this month.

McCall attorney Jonathan Hallin of Wilcox & Hallin wrote the city two letters objecting to the city's attempts to grant long-term agreements for jet-ski rentals at Legacy Park beach and to renew a 10-year lease with Mile High Marina.

In the past, those agreements were for one year. However, this spring, the council said they wanted long-term agreements in place by the end of the year.

Bertram said her relationship with Cheap Thrills Rentals owner Peggy Whitescarver was overstated by critics.

"We're not friends, we're acquaintances," Bertram said. "They can accuse me of whatever they want to accuse me of. We've (Bertram and Whitescarver) never sat down together."

Bertram believes the anonymous group of people behind Hallin's letters has the ultimate goal to keep jet-ski rental companies from using Legacy Beach.

The council will decide on long-term concessionaire agreements at Legacy Park and decide whether to renew a 10-year lease for Mile High Marina at its meeting tonight.

The meeting will begin at 6 p.m. in the lower level meeting room at McCall City Hall.

"It cannot go without noting that the current city council has habitually disregarded the public's use and enjoyment of Legacy Beach," Hallin's letter to the city said. "Each year it has considered extending an exclusive concession agreement to Cheap Thrills."

Charges called 'stupid'
Robertson balked at the charges.

"None of that is true," Robertson said. "This is stupid. This has been going on for 13 years. The fact remains that it's (Legacy Beach) an ideal place for it."

Hallin said the city's "haste with which it (request for proposals) has been acted upon, does nothing but beg the appearance of impropriety."

Hallin threatened to take the city to court if his clients' wishes were not followed.

The McCall Parks and Recreation Advisory Committee also objects the long-term leases and the fast-track consideration.

"This year we are facing a situation we find unconscionable," said a letter published in this issue of The Star-News and signed by all five members of the panel.

"The city council has advised city employees to quickly draft an agreement with one local business which would then be in effect for five more years."

The request for proposals was for three or four years and that the request for proposals was open to anyone, Robertson said.

The Hallin letters contain factual errors that lead to incorrect conclusions, City Manager Lindley Kirkpatrick said.

"The major error is that the agreement is not an exclusive use," Kirkpatrick said. "There's only one place where anyone can beach a watercraft and concessionaires have to allow public use.

He also pointed out that the requests for proposals were competitive.

Hallin also attacked the proposed renewal of the city's lease Mile High Marina lease renewal, calling it "fiscally irresponsible and begs the appearance of impropriety."

"My clients have credible information that members of the city council may be attempting to provide a parting favor to friends and business associates," Hallin's letter said. "This appearance is unavoidable given the urgency within which this matter has been given, and the elimination of possible competition."

Hallin would not reveal the names of the people behind the letter or give any detail as to the "credible information" his clients claim

Kirkpatrick said the current 10-year Mile High Marina lease expires on Dec. 31 and has a provision for renewal.

"It shouldn't be a surprise to anybody that we are trying to act on the lease prior to Dec. 31," Kirkpatrick said.

Marina Rate Negotiable
The city wants to negotiate a better price for the strip of land Mile High Marina leases from the city. The city wants 4 percent of the income from the rental of boat slips at the marina that may net the city about $10,000 per year. In 2005, the city renegotiated the current lease to increase the lease payment from $1 a year to its current rate of about $3,000 a year.

"Our focus has been on the marine operations," Kirkpatrick said. "We are trying to make this as transparent as possible. It is very clean and simple, anyone can check the numbers."

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