MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

December 5, 2007

COUNCIL

PRESENT:     Nils Troedsson, Mike Riley, Frank Mastandrea, Jim McIsaac, Raymond Graham, Mike Klakken, Al Lawson, Tom Straugh, and Mayor Martin Malesich.    

 

STAFF

PRESENT:     W.G. Gilbert, City Attorney; John Gutcheck, Chief of Police; J.S. Turner, Director of Operations; Ty Cobb, City Treasurer; Faye E. Jones, City Clerk; and Amber K. Herzog, Deputy City Clerk.

STAFF

EXCUSED:    Marie Habener, Library Director; Scott Marsh, Fire Chief.

 

ABSENT:       Virginia Compton, City Judge.

 

Mayor Martin Malesich called the meeting to order at 7:00 PM. Mayor Malesich asked Councilperson Riley to lead the pledge of allegiance.

           

            The first order of business was the approval of the November 7, 2007 Regular Council Meeting Minutes. Councilperson Lawson moved to approve, seconded by Councilperson Straugh. The following corrections were noted:

            1. Pg 4, Add the vote was 6-0 and Councilperson Graham abstained.

The question was called and Councilperson Troedsson moved to approve as corrected, seconded by Councilperson McIsaac and approved.

7-Yes, 0-No.  Note: Councilperson Klakken abstained due to absence.

MOTION APPROVED.

 

            The second order of business was the approval of the November 21, 2007 Special Meeting Minutes. Councilperson Straugh moved to approve, seconded by Councilperson Lawson and approved.

5-Yes, 0-No. Note: Councilpersons Lawson, Klakken and McIsaac abstained due to absence.

MOTION APPROVED.       

           

PETITIONS AND COMMUNICATIONS:

 

1.      Frank Fowler – Accommodation: Mayor Malesich presented Mr. Fowler with an engraved wooden Mayor’s Citation for excellent, ongoing community service.

2.      Mayor Malesich introduced Delores Gregory to members of the council as the newest employee of the City of Dillon.

 

PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

 

Mayor Malesich asked the citizens present if they wished to address the council. Councilperson Mastandrea stated Ms. Yetter had complained to him about her vacation time not matching what the settlement agreement outlined. The

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agreement between Yetter’s attorney and the City of Dillon’s attorney devised in October stated Ms. Yetter would have 251 vacation hours on August 1, 2007 based on payroll records from July 2007. Ms. Yetter stated she had been docked 3.75 hours which brought her total to 247.25. Faye Jones, City Clerk informed the council it is regular policy to close a month out for payroll a few days before the month ends in order to prepare the checks for the employees; if an employee uses vacation/sick/comp time on the remaining days of that month, the time is docked the following month to reflect “true” payroll hours. Ms. Yetter had closed her July payroll record out on July 26, 2007. Ms. Yetter then used an additional 3.75 hours of vacation the following day, July 27, 2007. Ms. Yetter then noted on her August payroll she had used 3.75 hours of vacation on July 27, 2007, and an additional 40 hours during August 2007. However in October she claimed she had not used the 3.75 hours in July, therefore her records showed she had only used 40 hours for August and did not show the 3.75 hours used in her August records as well. Councilpersons Mastandrea and Klakken stated Ms. Yetter should receive what the settlement states. Councilpersons Straugh and Lawson stated the council was trespassing on personnel issues and this was not worth the time and effort.

 

MAYOR’S REPORT TO THE CITY COUNCIL:

 

1.         Resolution of Intent – Annexation of portion of Highway 41 (extending from the city limits on Montana Street and extending to the intersection of the right of way at the junction of Overland Road/Nissen Lane/Hwy 41). The council discussed whether or not surrounding areas would be immediately annexed as well, and how annexing this property would benefit the City of Dillon. J.S. Turner and Mr. Gilbert explained the city had service lines running the entire length of the targeted properties and it would also benefit the city police department by strengthening their jurisdiction in that area. Councilperson Troedsson moved to approve the intent to annex the abstract of land owned by a government entity (description above), seconded by Councilperson Riley and a poll vote:

Troedsson: Yes; Graham: Yes; McIsaac: Yes; Mastandrea: No; Klakken: No; Lawson: Yes; Straugh: Yes; Riley: Yes.

6-Yes, 2-No.

MOTION APPROVED.

 

2.         Subdivision Ordinance – 2nd Reading - Councilperson Troedsson moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

3.         Monthly Revenue Report for the month of November 2007 – Councilperson Troedsson moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

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4.         Council Retreat/Training – Letter from Jane Jelinski, Director, Local Government Center, Montana State University offering a workshop for both newly elected and experienced City Council members to introduce key elements in the public process and provide a forum for elected officials to gain knowledge of and inquire about issues pertinent to their position in local government. Council discussion ensued and it was agreed the workshop would be a benefit. Councilperson Straugh suggested organizing a team-building workshop at UM-Western during the month of January as well. The City Councilpersons were interested.

 

5.         Fire Protection for JDS Subdivision (use of City of Dillon hydrant on Barrett Street) – J.S. Turner stated this matter had previously been before the Water & Sewer Committee and action was not taken, therefore action was requested from the City Council. The City Council discussed numerous options and input was received from planning board members as well. Councilperson Straugh moved to allow the request for the subdivision to use the City of Dillon’s hydrant on Barrett Street for their primary source of fire protection, seconded by Councilperson Mastandrea and a poll vote:

Troedsson: No; Graham: No; McIsaac: No; Mastandrea: No; Klakken: Yes; Lawson: No; Straugh: No; Riley: No.

7-No, 1-Yes.

MOTION FAILED.

 

6.         Citizens Requests – Mike Riley was asked if the stray cat at his residence had taken up permanent residence. Mike stated the cat was residing at the Humane Society.

           

REPORTS OF OFFICERS AND BOARDS OF THE CITY:

 

CITY ATTORNEY – W.G. Gilbert, III

City Attorney Gilbert gave a brief review of the cases he has worked on since the last council meeting and mentioned his hours are lower than normal because of the holidays and a hunting vacation this month. Councilperson Klakken requested a meeting with the City Attorney to have him present an update on the lawsuits the City Council is involved in before his term as councilperson expires. A discussion ensued and Councilperson McIsaac moved the Judiciary Committee hold a meeting with the City Attorney prior to the end of 2007, seconded by Councilperson Mastandrea and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

PLANNING BOARD – Mike Riley, Chairman

Draft Minutes – November 13, 2007 - Councilperson Riley presented the draft minutes and explained the planning board’s recommendation to the council regarding adopting an ordinance or a resolution for the City Council’s approval that will allow the City to

 

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implement SB-201. After City Council discussion, Councilperson McIsaac moved to draft an inter-local agreement between Beaverhead County and the City of Dillon to implement SB-201, for approval by the City Council, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson Riley stated the planning board had recently approved the Ruby View Subdivision with conditions and the timeline was running close to expiration, therefore a Special Council Meeting was requested to approve, deny or approve with conditions. Councilperson Straugh moved to set the Special Council Meeting date and time to December 12, 2007 at 5:30 P.M. seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

DIRECTOR OF OPERATIONS – J.S. Turner

Zoning Compliance Certificates Applied for:

A. #1979 Bob Richter – 410 S. California – 16’ x 16’ deck

B. #1980 KNS Building – 109 E. Glendale – 20’ x 50’ duplex

C. #1981 KNS Building – 34 S. Railroad – 20’ x 35’ duplex

D. #1982 Northwest Farm Credit – 134 E. Reeder – 2’6”x 6’ sign

 

Zoning Compliance Certificates Issued:

A. #1979 Bob Richter – 410 S. California. – 16’ x 16’

B. #1982 Northwest Farm Credit – 134 E. Reeder – 2’6” x 6’ sign

 

Variance Applied For: None

 

J.S. Turner updated the council on the snow removal for the citizens of Dillon and requested the Dillon Tribune place the following information in the newspaper as a reminder for snow removal: Snow must be removed off the owner’s sidewalk within 12 hours for residential zones and by 10:00 A.M. the same day for business zones. The City of Dillon will remove snow if necessary, charge the owner and, in addition, the City Court may issue a fine.

 

POLICE CHIEF – John Gutcheck – Chief Gutcheck presented the Monthly Report for October 2007. Councilperson McIsaac moved to accept, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

FIRE CHIEF – Scott Marsh – excused – The October 2007 City Clerk’s Report – Expenditures was presented. Councilperson Riley moved to approve, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

           

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CITY COURT - Judge Virginia A. Compton – absent – The Monthly Financial Report for October 2007 was presented. Councilperson McIsaac moved to approve, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

TREASURER – T. P. Cobb – The Cash & Investment Reports for October 2007 were presented for approval. Councilperson Straugh moved to approve, seconded by Councilperson Lawson and a poll vote:

Troedsson: Yes; Graham: Yes; McIsaac: Yes; Mastandrea: Yes; Klakken: No; Lawson: Yes; Straugh: Yes; Riley: Yes.

7-Yes, 1-No.

MOTION APPROVED.

 

Mr. Cobb briefed the City Council on the status of the investments. Mr. Cobb stated he had withdrawn $400,000.00 (leaving approximately $400.00) from STIP (State Short Term Investment Pool) as a result of numerous local government withdrawals last week; he deposited the withdrawn funds with Wells Fargo and left the funds open for reinvestment.

 

LIBRARY BOARD – Marie Habener – Excused. Mike Riley reported Marie was in the hospital with serious health issues and was perhaps expected to be back to work in the next couple of weeks. The internet service provider lost service and Mayor Malesich was helping the library with this issue. The overseeing of the library has been placed in the hands of the Library Board until Marie returns to work.

 

STANDING COMMITTEES:

 

JUDICIARY – Mike Riley, Chair – No report.

 

FINANCE – Mike Klakken, Chair – The Claims Report for the month of November 2007 was presented. Councilperson Straugh moved to approve, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

The Line Item Budget Report for the month of November 2007 was presented. Councilperson McIsaac moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

A discussion regarding who, what, when regarding an unpaid bill for the City Court from Blue Moon Technologies. Councilperson Klakken moved to pay Blue Moon $810.00 out of the City Court’s budget, seconded by Councilperson Mastandrea. A discussion continued with Mayor Malesich stating he had sent a certified letter to Dan Compton of Blue Moon Technologies canceling his services effective December 1, 2005 for City

 

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Hall. The City Court did not have internet services at this time. The bill is for services provided from 03/31/06-08/31/07.

 

MAYOR MALESICH CALLED FOR A BREAK/BACK TO ORDER AT 9:20 P.M.

 

After further discussion the question was called and a poll vote:

Troedsson: No; Graham: Yes; McIsaac: Yes; Mastandrea: Yes; Klakken: Yes; Lawson: Yes; Straugh: Yes; Riley: Yes.

7-Yes, 1-No.

MOTION APPROVED.

 

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.

           

HEALTH AND WELFARE – Tom Straugh, Chair – No report.

 

STREETS AND ALLEYS – Jim McIsaac, Chair – No report. Mr. McIsaac complemented the City of Dillon Street & Alley Department employees for staying on top of sanding and plowing the streets during the snowstorms.

           

WATER AND SEWER – Mike Klakken, Chair – The October/November 2007 Water & Sewer Department Financial Reports were presented for approval. Councilperson McIsaac moved to approve, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

            There being no further business the motion to adjourn was made by Councilperson Graham, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

The meeting adjourned at 9:35 P.M.

            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.

 

 

 

 

 

 

 

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                                                                        Approved by:

 

 

                                                            _____________________________

                                                            Faye E. Jones, City Clerk

ATTEST:

 

 

________________________

Martin R. Malesich, Mayor

                                                                        Submitted by:

 

 

                                                            _____________________________

                                                Amber K Herzog, Deputy City Clerk