MINUTES OF THE
REGULAR MEETING
DILLON CITY
COUNCIL
COUNCIL
PRESENT: Nils Troedsson, Ray Graham, Jim Mc Isaac, Frank Mastandrea, Mike
Klakken, Al Lawson, Tom Straugh, Mike Riley and Mayor Martin Malesich.
STAFF
PRESENT: J.S. Turner, Director of Operations; Faye Jones, City Clerk; Amber Herzog, City Hall Clerk; John Gutcheck, Chief of Police; Scott Marsh, Fire Chief; Ty Cobb, City Treasurer; W.G. Gilbert, City Attorney.
ABSENT: Virginia Compton, City Judge.
Mayor Martin
Malesich called the meeting to order at
The first order of business was the approval of the
The next item of business was the approval of the
MOTION CARRIED.
The next item of business was the approval of the
Councilperson Troedsson moved to approve as corrected, seconded by Councilperson Lawson and approved. Councilperson Straugh abstained from voting due to his absence from the meeting.
MOTION CARRIED.
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PETITIONS AND
COMMUNICATIONS:
1. Letter
from Robert G. Johnson requesting the City of
2. Letter
from Cindy M. Bennett thanking the Mayor and the City of
3.
Resolution
to repeal the “Real ID Act of 2005.” Mr. Straugh presented the resolution with
a correction on the 1st paragraph, 5th line, “rejecting
compliance ‘with’ the act.” Add an additional ‘Whereas’ after …the taxpayers of
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by
Councilperson Graham and unanimously approved.
MOTION CARRIED UNANIMOUSLY.
Follow-up letters
will be sent to the Montana Legislature and to the Congressional Delegation.
4.
Richard
Miller update on the Blacktail Mitigation Project: Richard Miller, Road Manager for
5. Letter from Sandra Berry regarding parking
issue on
6. Consideration on Council Intervention on Malesich vs. Scott Hearing: Mayor Malesich requested Mr. Graham and Mr. Klakken to present this item. Mr. Klakken responded that he would pass it off to Mr. Warner, as he was the one who requested the item on the agenda. Mr. Warner addressed the Council stating, “This is not my, or Mr. Brenneke’s election, this is the petition signer’s election, this is your election, the City’s election, the governing body. The process has been followed. It is mandated by statute that you hold this
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election. To illustrate through another aspect, the petition process doesn’t always go on recall, it also handles legislative possibilities. People, through petition at the local level can either provide new legislation or they can overrule the City’s legislation if they apply the process correctly, and in each of those cases, if they follow the process, you’re obligated to hold the election. Of course if you were to create legislation, and you don’t like it, yet it follows the process, and you don’t like it, you’re obligated to do so. And that’s part of the reason we’re here today to discuss this. There are two other facts that I want to illustrate to the City Council this evening. You currently do not have a seat at the table. Number one. Number two, at the last hearing, the City Attorney was present, he was aware of our intent, and our concern, but the City Council wasn’t at the table. And yet, the only reason you’re looking at this, this evening is because I requested it to the Council. That’s all I have to say, except I’m here to answer your questions if you have any.”
Mr. McIsaac stated he was in a quandary on this. He understood they had to set an election date, which had been done. He inquired what else would the Council’s intervention involve if they allowed Warner to intervene? Mr. Warner replied, “Here’s the concern as far as intervention. If you don’t have a seat at the table and there was an injunction against the clerk and recorder, you are in essence unable to hold an election you are obligated to provide. So, it’s not something you can just sit back and ignore, you need to deal with it.”
Mr. Troedsson stated he would like to hear from the City Attorney regarding this proposal. Mr. Gilbert responded, “In my opinion, the structure makes the difference in how this works, or will work. If you want to cause the City to do something or to prohibit the City from doing something, you can sue it, or you can join it in a lawsuit. But if the City doesn’t have anything to do or isn’t doing anything that should be prevented, getting into the lawsuit, to me, seems to be of no effect; the reason it is of no effect is the way the structure is set-up to run the election. Had the people involved in the suit wanted to prohibit the City from calling the election they could have enjoined the City as parties on the injunction against the City to prevent calling the election. However, the election has already been called, and that really is the only thing the City as an entity does in this process. The entire election process, after the Council did the call, is a County process conducted by the Clerk & Recorder. She is the election administrator; she’s the registrar; she publishes the notices; she does the registration; she runs the ballots and so forth. She gets the judges and the whole works, that’s all her stuff and we don’t really have anything to do with that until we get the bill from her to pay for it. So, until that point, we’re not involved at all. If she’s enjoined, she’s enjoined and she’s the only one that
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can run that election. We can’t run it ourselves. So, for that reason, I think the City has done what the law has required it to do, which is to call the election. I think we’re out of it.”
Mr. Troedsson stated, “It would appear to me there would be a substantial cost of attorney fees to enjoin in this case. Most importantly, is this is a battle between the petitioners and the Mayor and we should stay out of it. Let it go before the judge and if the judge says the petition reasons are valid, then it goes to the election and the County runs it. I don’t see where we have to get involved and spend good tax payer money on something that is unneeded and frivolous.”
Mr. Gilbert stated he was familiar with about six cases, off-hand, that involved governments and recalls. The Cities mentioned did not get involved with the court cases.
Mr. Riley addressed Mr. Gilbert
and inquired, “If the judge permanently enjoins the Clerk and Recorder from
conducting this election, is the City of
Mr. Riley inquired, “If she is enjoined, is your position that the City would not have any liability towards those people who supported the recall?” Mr. Gilbert replied, “No.” Mr. Riley continued, “And if she’s not enjoined, there will be no cause for action in any case?” Mr. Gilbert replied, “No, the election would go forward according to the regular process.” Mr. Riley continued, “If the City were to intervene, could you represent the City?” Mr. Gilbert responded, “I doubt it, if this thing goes into a factual contention, which it may, I probably will be called as a witness; I was present at several of the events that are part of the petition.” Mr. Riley continued, “We would need to hire an attorney of our own, do you have any idea what that would cost?” Mr. Gilbert
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replied, approximately no less than $5000.00, closer to $10,000.00. Also, Rosalie Richardson estimated the election costs to be around $3700.00 - $4000.00 to run the election.
Mr. Troedsson stated if there was no motion to support this proposal, he suggested moving on to other business.
Kenneth Kailey stated he would like to see the situation resolved. He opposes the City being involved in the lawsuit.
Mr. Mastandrea stated he thought “We’ve already established the Council has an obligation to the 535 people who signed the petition requesting that the recall election and I think we have an obligation to not only set an election date, but also have some kind of representation in court, so that the judge understands we have that obligation and we intend to stand by it.” Mr. Troedsson asked Mr. Mastandrea if he was making a motion. Mr. Mastandrea stated that he would make the motion that we make our interests known in the court proceedings. Mayor Malesich asked if there was a second; he then asked for the second time if there was a second, and Mr. Klakken seconded the motion. The question was called and a poll vote:
Troedsson: No; Graham: No;
McIsaac: No; Mastandrea:
Yes; Klakken: Yes; Lawson: No;
Straugh: No; Riley: No.
2 – Yes, 6 – No.
MOTION FAILED.
PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:
Mayor Malesich asked the citizens present if they wished to address the council:
Mr. Terry Forrest had dropped off
copies of the new workbook for the Capital Improvement Plan. Copies will be
distributed to the Council members and a copy will be available to the public
at Dillon City Library and at City Hall. This is the roadmap of Dillon’s future
and it basically sets out a plan on the infrastructure improvements in the City
for the next 20-40 years and with that will come financial responsibility of
planning for the future. J.S. Turner requests written comments to send to Terry
Forrest, and informed the Council this was a working document and input on
priorities are necessitated. Mr. McIsaac suggested the committees meet to
provide input. Public input will close
Mr. Klakken would like the City website updated with current minutes and agendas. Mayor Malesich agreed with him and suggested, perhaps he might help the City to accomplish that feat.
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MAYOR’S REPORT TO THE
CITY COUNCIL:
Mr. Troedsson responded, “It appears to me the election portion has been dropped out because you have to have a president, and if there is a tie-vote, then I think the Mayor can (commotion, numerous people speaking at the same time). Mr. Troedsson continued, “The question is before the Attorney General and I.” Mr. Klakken states, “Move to amend section 2.08.100 say the council shall have a president who shall be elected by five affirmative votes of the council.” Mr. Straugh commented, “Personally, we’ve gone a long way around the fence and we’re right back where we started, we’re better-off not doing this.” Mr. Troedsson asked if Mr. Klakken had a motion to amend? Mr. Klakken responded, “I made a motion to amend that by adding to the 2.08.100, removed by the members of the council and add by five affirmative votes of the council, seconded by Mr. Graham, who stated, “That’s actually what we decided to do at the last meeting, that was the amendment we made originally to this. Now this has changed from what we had originally amended last time. The original amendment of the ordinance was to read that already. We made two amendments to the original motion at the last meeting, the meeting before that. One item was to add for cause, which is here, and the other one was to add by the affirmative vote of five council members and that was in the section that said for removal and voting on the president. This isn’t…this is a totally different document than we had voted on originally. The original reading on this, when we moved to amend, the only thing we amended was to add for cause, and to add that it takes five affirmative votes to remove and to elect the president. This is nothing like we passed last time.”
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Mayor Malesich requested the Council’s attention. He requested Amber Herzog to read, verbatim, from the taped meeting, and from the copy of the January 10, 2007 minutes in front of the Council, Page 1, paragraph 3, Councilperson Graham moved to amend section 2.08.101 to read that the president of the council may be removed for cause, seconded by Councilperson Klakken…Page 10, bottom of page, Question called, Motion Carried. Councilperson Klakken, I move to amend, to remove section 2.08.102 completely and I also move to remove the end of section 2.08.101 that says including a tie-breaking vote by the Mayor in the event of a 4-4 tie in the vote. I want to change that part of it to say by the vote of five council persons and not the whole majority of the council. That is the intent of the Charter people. I move to have that so amended, seconded by Councilperson McIsaac and the Motion Carried. Mayor Malesich called for the question as amended and it was unanimously approved. Motion Unanimously Carried.
Mr. McIsaac asked Mr. Klakken if his original amendment conformed to what was written in the minutes, and on the tape? Mr. Klakken stated he did not understand the question. Mr. McIsaac stated, “As you’ve amended the motion I made and Raymond seconded it.” Mr. Klakken replied, I amended 100 and they didn’t put that one in at all.” Mayor Malesich asked for him to read his motion again. Mr. Klakken stated, “To have 2.08.100 changed to council shall have a president who shall be elected by the affirmative vote of five council members,” (Which had been seconded by Mr. Graham).
Mayor Malesich called for the question, and a poll vote:
Riley: No; Straugh: No; Lawson: Yes; Klakken: Yes; Mastandrea: Yes; McIsaac: Yes; Graham: Yes; Troedsson: No.
5 – Yes, 3 – No.
MOTION CARRIED.
Mayor Malesich called for the question as amended, and a poll vote:
Troedsson: No; Graham: Yes; McIsaac: Yes; Mastandrea: Yes; Klakken: Yes; Lawson: Yes; Straugh: No; Riley: No.
5 –Yes, 3 – No.
MOTION CARRIED.
Mr. Gilbert stated that “It has been the practice in the past, and the criticism I might add, that when substantial changes are made, that then converts the second reading to a first reading, and we have to do a second reading again on this amendment, so we’ll proceed in that manner.” Mr. Mastandrea responded, “Do you really think that was the nature of the amendment, or are you just trying to
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stall the process?” Mr. Gilbert answered, “I object to your tone and your language. I’m not trying to stall anything. I’m trying to explain how certain people on the council have been very vehement about how we do this.”
Mr. Riley commented, “I agree, I will maintain that this changes the Charter without action of the people and we need to talk about this some more. We need to have the people understand this position; for this reason, we need another hearing. Because it did substantially change this ordinance, and I submit again, it changed the Charter.”
Mr. Gilbert stated, this will be the first reading.
MOTION UNANIMOUSLY
CARRIED.
MOTION UNANIMOUSLY
CARRIED.
Mr. Klakken mentioned these reports historically have been sent through the Water & Sewer Committee. The reports will be sent through the Committee in the future.
MOTION UNANIMOUSLY CARRIED.
J.S. Turner informed council members about the frozen pipes around town. The lines from the curb box in to the house are the responsibility of the house owners. He suggested leaving a faucet running if you leave your house for a period of time.
REPORTS OF OFFICERS
AND BOARDS OF THE CITY:
ATTORNEY – W.G. Gilbert, III - Mr. Gilbert reported he was busy with doing work with Marvin McCann on the Fire District, Fire Department Agreement. He’s had quite a few contacts with sub-division people over the past few weeks. Three appeals from City Court to District Court – quite successful on those.
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Mr. Klakken inquired about a letter written to Ms. Bergeson. Mr. Gilbert told him it was a letter requesting copies of letters received from Dorsey Whitney.
Mr. Klakken inquired about a letter to MMIA regarding Rebish. Mr. Gilbert told him he felt he should write a letter as a matter of prevention.
Mr. Klakken inquired about the Police Contract case and the Sam Yetter file. Mr. Gilbert told him he was doing some work on the Police Contract case, the grievance and the contract are different files. On the Yetter case all he is doing there is finding and sending documents.
Mr. Klakken inquired about why the Council wasn’t informed
the City was involved in a lawsuit suing MMIA? This was a matter the Council
made a decision on more than three years ago regarding Mrs. Williams. Mr.
Gilbert’s predecessor had reported Mrs. Williams to MMIA prior to her lawsuit.
It was worth looking into suing MMIA to recoup funds paid to Mrs. Williams. The
contract with the attorneys in
Mr. Klakken inquired about review annexation and SID for a sub-division behind Safeway. Mr. Gilbert stated the potential buyers of a property are proposing an unusual offer on a purchase agreement. He has investigated and because the offer contained contingencies about whether a possible SID would be approved was in question.
The letter has been sent to Mrs.Cynthia Osborne and he has had no response.
PLANNING BOARD:
-- Jim Carpita- The Planning
Board has been working on Title 17 zoning. They have continued with a paid
secretary. They are working with numerous sub-divisions. The Board is reworking
the Model 5 Regs. A RFP is out for a City Planner. The Planning Board has reorganized and
everyone is looking forward to a productive year.
DIRECTOR OF OPERATIONS – J.S. Turner – Mr. Turner presented the Zoning Compliance
Certificates applied for:
#1928 – Ed Coad, 419 N. Pacific –
27’x68’ Manufactured Home w/garage
#1929 – Brendan Reints -704
Compliance
Certificates issued: None
No variances were
applied for, nor granted.
J.S. informed the
Council that he has been working on urban forestry with DNRC. The City is
eligible for tree grants. Amber put in for an Arbor Day Grant, and we received
that, so we will have an Arbor Day celebration on
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need a tree
ordinance with the City of Dillon dealing with the trees and vegetation on City
right of ways, City owned property and utility easements; most of the other
Cities do have them. He is in the process of working with Mark Lennon with DNRC
out of Polson. We’ll need a tree committee put together. Next project he is
working on is building inspections. He is trying to get a building inspection
program/department for the City of
POLICE CHIEF – John Gutcheck – No report - Mr. Riley would like the new officer
presented to the Council and Mr. Gutcheck stated he would not forget it again.
FIRE CHIEF – Scott
Marsh – No report
STANDING COMMITTEES:
JUDICIARY – Mike
Riley, Chair – No report - Mr. Riley stated the committee’s next meeting
will be
FINANCE – Mike Klakken, Chair – Mr. Klakken presented the Claims Report for the month of January 2007. Mr. McIsaac moved to approve the report, seconded by Mr. Straugh and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
Mr. Klakken presented the Line Item Budget Report for the month of January 2007. Mr. McIsaac moved to approve the report, seconded by Mr. Straugh and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
CITY HALL – Al
Lawson, Chair: Mr. Lawson presented the
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Mr. Straugh and unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
Mr. Lawson stated that J.S. had informed them the asbestos from the main room and the old lab area of City Hall needs to be removed. The estimate for removal is $12,729.00. After review, the committee deduced the best source of funding for this project be allocated from the General Fund – 411200 Building, Facilities Administration account, line item 39- - other purchased services. J.S. wants to seek bids at this time for the abovementioned service. Mr. Straugh moved to proceed with the solicitations of bids, seconded by Mr. Riley and unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
FIRE AND ORDER – Frank Mastandrea, Chair: No report.
PARKS AND PLAYGROUNDS – Nils Troedsson, Chair: No report.
CEMETERY – Raymond Graham, Chair:
No report.
HEALTH AND WELFARE –
Tom Straugh, Chair: No report.
STREETS AND ALLEYS –
Jim McIsaac, Chair: No report – Mr. McIsaac would like to schedule a
meeting on
WATER AND SEWER – Mike Klakken, Chair: No report – Mr. Klakken stated the minutes in front of the Council were from a meeting he was never informed of. He did not set the meeting up. He did not attend. He moved to table the minutes until he has a meeting. The Council is the only one to set-up committee meetings, he was never informed of this meeting and he is the chairman of the committee. He moves to table the minutes until he has a meeting to cover the material in the minutes, seconded by Mr. Graham. Mr. Straugh stated the notice was posted. Mayor Malesich called for the question, and a poll vote:
Troedsson: No; Graham: Yes; McIsaac: Yes; Mastandrea: Yes; Klakken: Yes; Lawson: No; Straugh: No; Riley: Yes.
5 – Yes, 3 – No.
MOTION CARRIED.
Mr. Klakken would like to set a meeting up for
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an obligation to notify the committee members of meetings.
Mr. Straugh stated the meeting was posted and now, it was a waste of his time.
Mr. Klakken would like to set the meeting for
There being no further business the motion to adjourn was made by Councilperson Graham, seconded by Councilperson McIsaac and unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
The meeting adjourned
at
The above minutes were transcribed from a tape recording of the actual meeting and such minutes include the substance of all matter proposed, discussed or described.
Submitted by:
_____________________________
Amber K. Herzog, City Hall Clerk
ATTEST:
____________________________
Martin Malesich, Mayor
Approved by:
_____________________________
Faye Jones, City Clerk