MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

January 2, 2008

COUNCIL

PRESENT: Mike Riley, Frank Mastandrea, Jim McIsaac, Richard Achter, David Spehar, Al Lawson, Brittany Kailey, Tom Straugh, and Mayor Martin Malesich.

STAFF

PRESENT: W.G. Gilbert, City Attorney; John Gutcheck, Chief of Police; J.S. Turner, Director of Operations; Scott Marsh, Fire Chief; 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 7:02 PM. Mayor Malesich asked Councilperson Riley to lead the pledge of allegiance.

The first order of business was the swearing in of newly elected officials and

Councilpersons. Mayor Malesich led the swearing in with Richard Achter in Ward 1, Al Lawson in Ward 2, David Spehar in Ward 3, Mike Riley in Ward 4 and Brittany Kailey in Ward 4.

The second order of business was the election of Council President.

Councilperson Riley nominated Councilperson Straugh for the position, seconded by

Councilperson Lawson. Councilperson Mastandrea nominated Councilperson McIsaac

for the position, seconded by Councilperson Kailey. The question was called and

Councilperson Straugh received five votes and Councilperson Mastandrea received three

votes. Councilperson Straugh was elected Council President.

Councilperson Spehar motioned for unanimous election of Council President Tom

Straugh, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

The third order of business was the Appointment of Administrative Officials: Councilperson Lawson moved to approve the appointment of City Attorney Duke Gilbert, seconded by Councilperson Straugh and motion approved.

MOTION APPROVED Note Councilperson Kailey abstained from voting.

Councilperson Lawson moved to approve the appointment of City Treasurer Ty Cobb, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Councilperson McIsaac moved to approve the appointment of City Clerk Faye Jones, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

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City of Dillon

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January 2, 2008

Councilperson Straugh moved to approve the appointment of Chief of Police John Gutcheck, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Councilperson McIsaac moved to approve the appointment of Fire Chief Scott Marsh, seconded by Councilperson Kailey and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Councilperson McIsaac moved to approve the appointment of Director of Operations J.S. Turner, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Councilperson Lawson moved to approve the appointment of Utility Supervisor Bob Cottom, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Councilperson McIsaac moved to approve the appointment of Fire Marshall Rick Later, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

Councilperson Kailey moved to approve the appointment of Deputy City Clerk Amber Herzog, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

The fourth order of business was the approval of the December 5, 2007 Regular Council Meeting Minutes. Councilperson Straugh moved to approve, seconded by Councilperson Lawson. The following corrections were noted:

1. Pg 1, Change accommodation to commendation.

The question was called and Councilperson Straugh moved to approve as corrected, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

PETITIONS AND COMMUNICATIONS:

1. Pioneer Federal Savings & Loan Association: A letter thanking the City of Dillon for their support and patronage this past year and noting they have made a substantial contribution in the name of the City of Dillon to the Youth Connections Mentoring Program.

2. Beaverhead County Protested Tax Report: A list of names, from Beaverhead County Treasurer Kathy Allard, protesting their taxes this year: Mona Welborn; Sharon Lawyer; Deborah Pierce; Richard Harper; Alan Sorenson; John Giles; William Pierce; Grace Logan; George Marinkovich; Michael Klakken; Colter Pierce; Paul Pilgrim; Ruth Pilgrim; Charles Richardson; Aces Inc.; George Warner and Alan Sorenson.

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3. McIsaac and Houk verses The City of Dillon – Court decision: Order granting defendant’s Motion for Summary Judgment (Defendants: The City of Dillon, Ed and Linda Mooney, Kelly Rowe, dba Rowe Excavating, and Does 1 through 50, Inclusive.)

PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

Mayor Malesich asked the citizens present if they wished to address the council. Councilperson McIsaac stated Bicentennial Apartments had donated $2500.00 to the City of Dillon in lieu of taxes. The donation was designated $750.00 to the Senior Bus, $750.00 for Police safety equipment and $1000.00 for senior services.

Mayor Malesich mentioned that Sweede Troedsson was a representative on the Enhanced 911 Committee and he was requesting volunteers to be appointed for the committee.

Councilperson Riley vocalized concerns regarding the Kentucky/Vine Street development. J.S. Turner reiterated the developer was within legal perimeters of the current zoning regulations. J.S. stated the two lots had a boundary adjustment that reconfigured the lot lines.

Richard Miller, Road Manager for Beaverhead County updated the Council on the Blacktail Creek proposed bridge replacement project (Reeder and Railroad Ave.). FEMA has awarded Bvhd. Co. a grant to partially fund the project. Construction may begin as soon as Fall 2008.

Mayor Malesich called for a five minute recess/Mayor Malesich called the meeting back to order.

MAYOR’S REPORT TO THE CITY COUNCIL:

1. Council Retreat/Training: Councilperson Straugh stated he had reserved the Heritage Room at UM-Western for January 8, 2008. He stated the teambuilding schedule would take place from 12:00 P.M. – 5:00 P.M.

2. Tollefson Final Plat Approval: After a brief discussion, Councilperson Straugh moved to approve, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

3. Klasen- Link Minor Subdivision Preliminary Plat Approval: Councilperson Lawson moved to approve, seconded by Councilperson Straugh and a poll vote:

Kailey: Yes; Spehar: Yes; McIsaac: Yes; Mastandrea: Yes; Achter: Yes; Lawson: Yes; Straugh: Yes; Riley: No.

7- YES, 1 – No.

MOTION APPROVED.

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4. Resolution to Annex Warm Winds Property: Councilperson Straugh moved to approve, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

5. Monthly Revenue Report for the month of December 2007 – Will be on the next meeting agenda.

6. Citizen’s Requests: Mayor Malesich presented the requests for the month of November to the Council.

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.

PLANNING BOARD – Mike Riley, Chairman

1. Council Elected Planning Board Member – Mike Riley: Councilperson Straugh moved to approve Mr. Riley for a second term, seconded by Councilperson Kailey and approved.

MOTION APPROVED Note Councilperson Riley abstained.

2. Mayor Appointed Planning Board Member – Lynn Westad: Councilperson Riley moved to approve the appointment of Lynn Westad, seconded by Councilperson Straugh and approved.

MOTION APPROVED Note Councilperson Kailey abstained.

3. The minutes of the 9/18/07, 10/09/07, 11/08/07, 11/13/07 meetings and the transcript of the Joint Public Hearing on 11/27/07 were submitted. Councilperson McIsaac moved to accept, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

The next planning board meeting will be January 8, 2008 at 6:00 P.M. regarding the Ruby View developers opposing the proposed zoning and the proposed Franklin Street extension.

Councilperson Riley updated the Council over the progress the city planning board has made with their working relationship with the county planning board. Riley reiterated the city wants influence over county development, not to acquire properties through annexations.

DIRECTOR OF OPERATIONS – J.S. Turner

Zoning Compliance Certificates Applied for:

#1983 Monarch LTD – Kentucky Avenue – 2 unit Apt 20’ x 75’

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Zoning Compliance Certificates Issued:

A. #1980 KNS Building – 109 E. Glendale – Duplex – 20’ x 50’

B. #1981 KNS Building – 34 S. Railroad – Duplex – 20’ x 35’

C. #1983 Monarch LTD – Kentucky Avenue – 2 Unit Apt 20’ x 75”

Variance Applied For: None

J.S. Turner updated the council on the $15,000.00 grant the City of Dillon received from the Department of Commerce. The City matched the funds for a housing study that will be completed sometime in May. After completion, the City will be eligible to apply for further grants.

Councilperson Riley corrected the last information provided in the ZCC’s and noted 109 W. Glendale should read 109 E. Glendale.

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

MOTION UNANIMOUSLY APPROVED.

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

MOTION UNANIMOUSLY APPROVED.

Scott Marsh wanted to notify the Council Bicentennial Apartments had donated $500.00 to the Fire Department for equipment. The Council and Mayor thanked Bicentennial Apartments and Jim McIsaac for their donation.

CITY COURT - Judge Virginia A. Compton – absent – No report

TREASURER – T. P. Cobb – Mr. Cobb stated he had reinstated the STIP investments today. He studied the risk and felt the STIP reinvestment was the correct direction for the City to follow.

LIBRARY BOARD – Marie Habener – Marie Habener praised her employees at the library during her absence; she stated the library continued to operate with business as usual during her health recovery.

STANDING COMMITTEES:

JUDICIARY – Chair – No report.

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City of Dillon

Regular Council Meeting

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

MOTION UNANIMOUSLY APPROVED.

CITY HALL – Chair – No report.

FIRE AND ORDER – Chair – No report.

PARKS AND PLAYGROUNDS – Chair – No report.

CEMETERY – Chair – No report.

HEALTH AND WELFARE – Chair – No report.

STREETS AND ALLEYS – Chair – No report.

WATER AND SEWER – Chair – No report.

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

MOTION UNANIMOUSLY APPROVED.

The meeting adjourned at 8:48 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.

Approved by:

_____________________________

Faye E. Jones, City Clerk

ATTEST:

________________________

Martin R. Malesich, Mayor

Submitted by:

_____________________________

Amber K Herzog, Deputy City Clerk