MINUTES OF THE
REGULAR MEETING
DILLON CITY
COUNCIL
COUNCIL
PRESENT: Mike Riley, Nils Troedsson, Ray Graham, Jim McIsaac, Frank Mastandrea,
Mike Klakken, Al Lawson, Tom Straugh, and Mayor Martin Malesich.
STAFF
PRESENT: Faye Jones, City Clerk; J.S. Turner, Director of Operations; 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
MOTION APPROVED.
The next item of business was the approval of the
Councilperson Straugh moved to approve as corrected, seconded by Councilperson Troedsson and approved unanimously.
MOTION UNANIMOUSLY
APPROVED.
Mayor Malesich asked to move the appointment of Melissa Heckard to the Library Board from the Mayor’s Report to this time due to Marie Habener, Library Director, not feeling well. Councilperson Troedsson moved to revise the agenda, seconded by Councilperson Lawson and unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
Councilperson Straugh moved to approve the appointment of
Melissa Heckard to the Library Board, seconded by Councilperson Troedsson.
Marie Habener introduced Melissa Heckard, a past Library Board member, a past
librarian at UM-Western, and the current school librarian at
Page 2
City of
Mayor Malesich called for the question and the motion was approved unanimously.
MOTION UNANIMOUSLY
APPROVED.
PETITIONS AND
COMMUNICATIONS:
1. Letter from Mr. Mastandrea and Mr. Klakken requesting letters from Andrew Suenram and W.G. Gilbert be included in the Council’s packets and a discussion of the Police Retirement issue be placed on the agenda and that the City Attorney attend the meeting suitable prepared to answer questions from the council and the public.
Mr. Mastandrea stated he would like an explanation about what the plan is, when will it be resolved? Mr. Gilbert responded that question was not able to be answered; legal options available that would reduce the costs.
Mr. Klakken asked Mayor Malesich who did the actuary that the numbers are wrong? Mr. Gilbert responded he did not remember the name of the man, and there was not a fee involved. Mr. Klakken remembered when the number started at 1.2 million dollars. He found out that MMIA was impossible. He wanted to know why Mr. Gilbert wrote, in his opinion, a political letter, that was published as a response to the Andrew Suenram letter in the Dillonite Daily. He asked Mr. Gilbert if he was in politics or if he was the City Attorney? Mr. Gilbert responded he believed he was being brought into it.
Mr. Straugh stated this was not a constructive conversation, and if Mr. Klakken wanted to badger the Mayor and the City Attorney, he should do it on his own time, not the Council’s. If Mr. Klakken had a motion to make, make one so the Council could work with something on the table. Mr. Mastandrea responded that this was a forum for discussion and if Mr. Straugh wanted to do his business with the Mayor in the back room, then that was his business. Mayor Malesich called for order.
Mr. Mastandrea made a motion to deal with this problem now, and come up with the money and if Duke wants to sue the State for the next ten years, fine, maybe we’ll get the money out of them. Mayor Malesich requested Mr. Mastandrea shorten his motion. Mr. Mastandrea made a motion to find the 1.4 million dollars in order to resolve the police agreement, seconded by Mr. Klakken.
Mr. Graham stated six months ago the city treasurer was to look into a bond issue to resolve this matter. Mr. Cobb responded, “If this body were to approve a motion to raise the money, to solve this problem, it would be under
Page 3
City of
its general bonding authority. The last time I looked, you have a ceiling of about 1.8/1.9 million of general obligation room under the state statutes.
Furthermore, it would require, and it’s common under bond issuance, that this body be able to show it has a debt coverage ratio under general issuance of 1 ¼ times the base amount of the bond. I estimate you’re looking at 4.5-4.6% interest rate for 20 years, and $150,000. a year in debt service out of your general fund. Attendant to the motion, would have to be the realization: 1. Voter’s approval, 2. Look at raising taxes to retire the debt.”
Mr. Graham stated he didn’t believe we had many options other than letting the police officers sue the City. The money needs to be raised.
Mr. Lawson inquired about a conversation he remembered that if the police department sued, it would deplete the fund and the State would take it over. Mr. Gilbert responded Mr. Lawson was taking bits and pieces from different theories.
Mr. Troedsson moved to table and refer this issue to committee, seconded by Mr. Lawson and a poll vote:
Troedsson: Yes; Graham, No; Lawson: Yes; Mastandrea: No; Klakken: No; McIsaac: No; Straugh: No; Riley: No.
MOTION FAILED.
Mr. Klakken said another option was going to court without being sued and ask the court to say there is no way to raise the money without raising taxes and to ask the court to give a judgment to allow us to tax the people. Mr. Gilbert stated he was not aware of that process.
Mr. Graham moved to amend the motion to send to the finance committee have a plan for the next council meeting, seconded by Mr. Straugh. Mr. Straugh asked if it was possible to begin working with an actuary to see what the figures exactly are to create a firm plan. Mr. Straugh moved to amend the amendment to the motion to include the finance committee begin working with an actuary to create a plan, seconded by Mr. Riley.
Mayor Malesich called for the question and the council voted on the original amended motion to send this issue to the finance committee and report back by the next council meeting and the motion was unanimously approved.
MOTION UNANIMOUSLY APPROVED.
Page 4
City of
Mr. Straugh then moved to provide direction to investigate the employment of an actuary to help us along in this process, seconded by Mr. Mastandrea and unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
Brittany Kailey believed the Council just voted to make a loophole.
Mayor Malesich called for the question and the council approved the motion unanimously.
MOTION UNANIMOUSLY
APPROVED.
2. Letter of resignation from Rex Blackwell from the library board. Mayor Malesich stated he would advertise again for a board member replacement.
3.
Letter from
Governor Schweitzer – Real ID Act. Mayor Malesich presented a letter from
Governor Schweitzer commending the Council and the Mayor for their attention to
important national issues that will directly impact our constituents.
4.
Letter
from Congressman Denny Rehberg thanking the council for contacting him about
the military tribunals.
5.
Letter
from Beaverhead Outdoors Association informing the council of the details of
Kids Fishing Derby on
MOTION UNANIMOUSLY APPROVED.
PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:
Mayor Malesich asked the citizens present if they wished to address the council. There were no comments.
MAYOR’S REPORT TO THE CITY COUNCIL:
Troedsson: No; Graham: Yes; Lawson: Yes; Mastandrea: Yes; Klakken: Yes; McIsaac: Yes; Straugh: No; Riley: No.
VETO NOT OVERRIDDEN.
George Warner was agitated with the letter Mayor Malesich addressed to the City Council justifying the veto and with Mayor Malesich’s decision.
Page 5
City of
Mr. Klakken disagrees with the end of the letter also. His belief of the status quo was not when the Mayor took office, it was when the council voted in January and took the power that was the council’s to begin with, he recognized that they had that power by saying the mayor had no authority to break ties of the council president election, and that’s the status quo he believes they have at this time.
MOTION CARRIED
UNANIMOUSLY.
A request to take a
five-minute break was approved by Mayor Malesich at
Mayor Malesich called
the meeting back to order at
MOTION UNANIMOUSLY
APPROVED.
Mr. Forrest reiterated the CIP is a guide, a living document and will be changed as the needs and priorities of the City change. Specific questions about sewer systems, parks, and streets were addressed. Mr. Lawson suggested he felt the costs of the improvements for the parks were skewed. Mr. Graham felt the CIP
Page 6
City of
ignored the people on the west side in regard to their sewer needs, although part of the City of Dillon for 110 years; as a taxpayer out there, he believed they deserved a sewer system and it should be a top priority. If the City was not going to provide the sewer out there, as provided by law, they should de-annex them, give them the water and not require them for any other services. Mr. Forrest replied he understood there was a flood plain issue over there. Mr. Graham
replied he had his property surveyed and he is two feet out of the flood plain, the flood plain map needs revision.
Mr. Klakken stated more detail is needed in the CIP; a plan needs to be in the CIP showing extension of City services to general areas so properties can be annexed, impact fees can be properly calculated. Brittany Kailey asked if the Veteran’s home could be included in the CIP. Mr. Forrest replied his company was not hired, nor were they paid for a more specific CIP. Mr. Lawson stated there was very little about the Blacktail and Foxrun areas and he wondered why. Mr. Forrest said they haven’t really addressed that area and it should be.
Mr. Turner reiterated the CIP was a
living document and it will change and hopefully it will not just sit on the
shelf once accepted. Also, the City had limited funds for DJ & A to put
together the CIP. Initially, they were going to look at water, sewer and
streets. We added storm drains, parks and
Mr. Carpita stated the Planning Board want to emphasize the CIP is an active document and the Council should not get bogged down in details; the CIP is how to plan to go forward and how you address those issues. Dan Compton asked when the document would be available on the web. Mayor Malesich asked Mr. Compton if he volunteered to help put the document online and Mr. Compton stated he would put it on his website.
Scott Marsh addressed the Council
regarding the
Page 7
City of
the two block area Mr. Marsh was referring to because of the court ruling in 1999. Mr. Mastandrea suggested the Street and Alley Committee look into this matter. Mr. Forrest stated the paragraph does not infer the street going through.
The Council agreed to leave copies of the CIP on the table for members of the audience. Also, the CIP was available at the Library and copies were available at City Hall for checking out.
Mr. Riley believed the Council was
to listen to Mr. Forrest tonight and then set the last public hearing on this
matter. Mr. Riley asked what the plan was. A motion to hold a public hearing on
the CIP before the regular Council meeting on 4th of April, 2007 at
MOTION UNANIMOUSLY
APPROVED.
MOTION UNANIMOUSLY
APPROVED.
6. Citizens Requests Report was presented by Mayor Malesich without comment from the Council.
REPORTS OF OFFICERS
AND BOARDS OF THE CITY:
ATTORNEY – W.G.
Gilbert, III - Mr. Gilbert reported they have had a lot of criminal
activity and most have pled guilty before the hearings. Mr. Klakken questioned
Mr. Gilbert’s timesheets. Mr. Gilbert answered his questions and made a
correction. Mr. Klakken requested, for the future, Mr. Gilbert itemize items on
his timesheet.
PLANNING BOARD:
-- Jim Carpita- The
sub-committee on adopting of the model regulations for sub-divisions is making
great progress. Once a draft is submitted it will be reviewed by the Planning
Board, and a public hearing will be held. They have adopted their new revisions
of the by-laws establishing the correct dates of their meetings and aligning
the responsibilities of their secretary as an employee.
The Tessiers
subdivision is totally surrounded by the City of
Page 8
City of
Mooney Properties,
LLC – Chestnut Street Minor Subdivision was unanimously, conditionally approved
by the Planning Board at their meeting. The five conditions were discussed by
the council and Mr. Troedsson moved to approve the subdivision conditionally as
stated, seconded by Mr. Straugh. Mr. Riley stated the planning board
recommended, as a part of the final approval that the subdivision be annexed.
Mr. Mooney submitted a letter requesting the City to approve the subdivision,
deferring the annexation at this time. Mr. Mooney explained his position and
reasoning why he wanted to defer the annexation of his subdivision. Mr. McIsaac
asked Mr. Gilbert if the Council could approve a subdivision that was not in
the City. Mr. Gilbert responded he did not know how, frankly. Mr. Turner
responded, according to State Code, if a subdivision is to
hook to City
utilities the City must do the subdivision process on it. The planning board does not use philosophies,
they use State Codes; this has been conditionally approved and has been
recommended to the Council for approval as written. Mr. Klakken replied the
planning board was an advisory board; they did not have any power other than to
advise the Council, and if they Council deemed to do something different, they
could. Mr. Turner responded, nevertheless, the Council still had the
subdivision rules and regulations to follow. Mr. Klakken agreed. Resident, Ken
Kailey asked Mr. Turner for clarification on whether the subdivision could be
approved without annexation first. Mr. Turner replied the subdivision could be
approved at this time without annexation first.
Mr. Mc Isaac would
like the record to show he will abstain from the vote for business purposes.
Mayor Malesich called for the vote and a poll vote:
Troedsson: Yes;
Graham: Yes; Lawson: Yes; Mastandrea: Yes; Klakken: No; Straugh: Yes; Riley:
Yes.
6 – Yes, 1 – No, 1 – Abstained.
MOTION APPROVED.
DIRECTOR OF OPERATIONS – J.S. Turner – The Zoning Compliance Certificates applied
for: None. Compliance Certificates issued: None. No variances were applied for,
nor granted.
POLICE CHIEF – John Gutcheck – No report. Officer Steve Doner was a
recipient for of the Bronze Star for Merit for his duty tour in
FIRE CHIEF – Scott Marsh – No report.
CITY COURT – Judge
Virginia A. Compton – No report.
Page 9
City of
March 07, 2007
STANDING COMMITTEES:
JUDICIARY – Mike Riley, Chair – No report.
FINANCE – Mike Klakken, Chair – Mr. Klakken presented the Claims Report for the month of February 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 February 2007. Mr. McIsaac moved to approve, seconded by Mr. Straugh and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
The next finance committee
meeting will be
CITY HALL – Al
Lawson, Chair – No report.
FIRE AND ORDER – Frank Mastandrea, Chair – No report.
PARKS AND PLAYGROUNDS – Nils Troedsson, Chair - No report.
CEMETERY – Raymond Graham, Chair – No report. Meeting scheduled with next week
HEALTH AND WELFARE – Tom Straugh, Chair – No report. Mr. Mastandrea asked if the National Guard Unit has been changed from Military Police Unit to a Chemical Detection Unit. Mayor Malesich stated it had never been a Military Police Unit, yet he would invite the Guard to present an informational news release about their purpose.
Mr. Mastandrea would like clarification about the chips
burning in the new heating source at UM-Western. Mayor Malesich will invite the
engineer from the college to the next council meeting to inform the council and
public about the chips.
STREETS AND ALLEYS –
Jim McIsaac, Chair – Mr. Mc Isaac would like to schedule a meeting next
Wednesday at
WATER AND SEWER –
Mike Klakken, Chair: No report – Mr. Klakken presented the minutes of the
MOTION UNANIMOUSLY
APPROVED.
Page 10
City of
March 07, 2007
Mr. Klakken reported the adjustment request from Pat Ori was being investigated. They worked on the final CDBG pay request. They had a discussion of sewer charges in CDBG area. The charge for fire protection was discussed. Request for assistance was approved, however, the person has now moved from the area.
Mr. Klakken presented the minutes of the
MOTION UNANIMOUSLY APPROVED.
Mr. Klakken reported the committee had discussions on CIP
water and sewer sections. He would like the council members to scratch off
“north,” on page 2, 5th paragraph, line 3 off the minutes. The next
meeting is scheduled for
There being no further business the motion to adjourn was made by Councilperson McIsaac, seconded by Councilperson Graham 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 R. Malesich, Mayor
Approved by:
_____________________________
Faye E. Jones, City Clerk