MINUTES OF THE REGULAR MEETING
DILLON CITY COUNCIL
February 6,
2008
COUNCIL
PRESENT: Frank Mastandrea, Jim McIsaac, Richard Achter, David Spehar, Al Lawson, Brittany Kailey, and Mayor Martin Malesich.
COUNCIL
EXCUSED: Mike Riley and Tom Straugh.
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.
ABSENT: Virginia
Compton, City Judge.
Mayor Martin Malesich called the meeting to order at 7:00 PM. Mayor Malesich asked Councilperson Spehar to lead the pledge of allegiance.
1. The first order of business was the approval of the January 16, 2008 Regular Council Meeting Minutes. Councilperson McIsaac moved to approve, seconded by Councilperson Spehar and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
PETITIONS AND COMMUNICATIONS:
1. Letter from the Department of Military
Affairs requesting the
2. Letter from Thomas W. Straugh, Council
President to Ms. Giere, Chair of the Zoning Commission for the City of
PUBLIC COMMENT ON PUBLIC
MATTERS NOT ON THE AGENDA:
Mayor Malesich asked the citizens present if they wished to address the council. Kevin Button introduced Boy Scout Troop 262 who were present to earn a merit badge by involving themselves in community service. Mike Klakken, Ken Kailey and Councilpersons Mastandrea and Kailey addressed the issue of the City e-mail mailing list. Mr. Klakken requested that he be added to the list to be notified of meetings and agendas. Mayor Malesich stated the email sent to Council members and media stated, The council packets are ready for pick-up. He did not believe he should mail the entire City an email with that information. He stated the agenda is not emailed, however it is
City of
February 6, 2008
Page 2
available on the City website. Councilperson Kailey stated the previous Council had created a policy to have a list serve created to email the public. Mayor Malesich stated he limits the list serve to media and Council. C.P. Kailey and Mastandrea stated the Mayor did not follow the Charter. Mayor Malesich stated this was an administrative issue. Mayor Malesich pays the bill on the internet.
MAYORS REPORT TO THE CITY COUNCIL:
1.
Resolution of Intent for Annexation of Army Reserve
Center: Councilperson McIsaac moved to approve the 1st
MOTION UNANIMOUSLY APPROVED.
2.
Appointment to
the Board of Adjustments by the Council:
a. David
Spehar new appointment
b. Randy
Gustine - reappointed
c. Gile
Mitchell - reappointed
Councilperson McIsaac moved
acceptance of the appointments, seconded by Councilperson Lawson and
unanimously approved.
MOTION UNANIMOUSLY APPROVED.
3. Municipal Mayor/Council Workshop May 7-9, 2008: Mayor Malesich informed the Council about the workshop and asked for confirmation of interested members. There was a discussion, yet no action, to change the date of the May 5, 2008 Regular Council Meeting date due to conflict.
4. Bresnan Franchise Fee: The Council was informed the City received the franchise fee amount $19,635.14 for 2007-2008 from Bresnan.
5. Fire Hall Report December 2007 Expenditures: Fire Chief Marsh presented the report for approval; Councilperson McIsaac moved to approve, seconded by Councilperson Spehar and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
6. Monthly Revenue Report for the Month of January 2008 was presented; Councilperson McIsaac moved to approve, seconded by Councilperson Achter and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
7. Citizens Requests Report was presented by Mayor Malesich for Council review.
REPORTS OF OFFICERS AND BOARDS OF THE CITY:
City of
February 6, 2008
Page 3
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. He also stated he has spent countless hours on criminal matters this month. Councilperson Kailey questioned items on the City Attorney Monthly Report to the City Council. Mr. Gilbert explained he would look into it.
PLANNING BOARD Mike Riley, Chairman
1. January 8, 2008 Planning Board Minutes:
Councilperson McIsaac moved to accept, seconded by Councilperson Spehar and
unanimously approved.
MOTION UNANIMOUSLY APPROVED.
The minutes did not include any
recommendations.
2. Memo from Lynn Westad
a. Interim zoning ordinance: Lynn Westad, Vice
President of the City of
Lawson: Yes; Achter: Yes; Mastandrea: Yes; McIsaac: Yes; Spehar: Yes;
Kailey: No.
5 Yes, 1 No.
MOTION APPROVED.
A Public Hearing for the abovementioned matter is scheduled for February
21, 2008 at 7:00 P.M.
ZONING COMMISSION Marie Giere,
Chairman
Zoning Commission Public Hearing Notice and Affidavit of Posting: Notice
of Public Hearing Zoning Commission February 19, 2008 6:00 P.M. for the purpose
of receiving comments on changing the zoning designation on Lots C-1 and D-1,
Lots G & H of Fraction A of the original townsite of the City of Dillon and
located in the 300 and 400 blocks of S Idaho St.
DIRECTOR OF OPERATIONS J.S.
Turner
Zoning Compliance Certificates Applied for: None
Zoning Compliance Certificates Issued:
None
Variance Applied For: None
J.S. Turner reported he was working with the Rattlesnake Creek problem.
The creek froze and the water was diverted, which left customers without water.
A well was attempted and the creek was excavated to restore water service. The
water department and J.S. will continue to resolve the problem.
City of
February 6, 2008
Page 4
J.S. stated the City continues to have complaints regarding residents not
removing the snow from the sidewalks; he reiterated the owners of the property
would be held liable for pedestrian injuries on their property.
POLICE CHIEF John Gutcheck
Officer Activity Report for the month of December 2007: Chief Gutcheck
presented the report to the Council. Councilperson McIsaac moved to accept,
seconded by Councilperson Lawson and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
FIRE CHIEF Scott Marsh No
report
CITY COURT - Judge Virginia A.
Compton absent No report.
TREASURER T.
P. Cobb
1.
Cash Report
for December 2007.
2.
Investment
Report for December 2007.
Councilperson Kailey moved to approve the Cash & Investment Reports,
seconded by Councilperson Spehar and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
Treasurer Cobb informed the Council that he had met with the auditor and
acting upon the auditors recommendation, he had withdrawn all funds from STIP.
He will look into finding a location with the best interest rate.
LIBRARY BOARD Marie
Habener
1. Board Meeting Minutes for December 18, 2007
2. Board Meeting Minutes for January 23, 2008
Councilperson McIsaac moved to accept, seconded by Councilperson Achter and unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
STANDING COMMITTEES:
JUDICIARY Chairman Mike Riley No report.
FINANCE Chairman Jim McIsaac
1. Claims Report for the Month of January 2008:
Councilperson McIsaac moved to approve, seconded by Councilperson Achter and unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
City of
February 6, 2008
Page 5
2. Line Item Budget Report for the Month of January 2008:
Councilperson McIsaac moved to approve, seconded by Councilperson Achter and unanimously approved.
MOTION UNANIMOUSLY
APPROVED.
3. Audit status and update: Councilperson McIsaac informed the Council the auditor had completed the field work of the audit for 2004/2005 and 2005/2006 and will be in attendance at the next scheduled Council Meeting to put forward his findings.
A question from Mike Klakken regarding the money the City is investing for the City out of the General Fund using water & sewer funds? Treasurer Mr. Cobb stated the end of December there was a positive balance in the General Fund and the General Fund, in discussions with how the funds move within the chart of accounts, the accounts will be in the negative for the month until the City receives reimbursements from the State, twice a year, and brings the General Fund back in tact. For the City to have some investments in the General Fund in the course of the year is understandable. Mr. Klakken stated when he was on the Finance Committee they had decided that had nothing to do with the General Fund. He said the money should be put into the Water & Sewer Fund. Mr. Cobb stated he had spoke with the auditor about this specific matter and he would encourage Mr. Klakken to be at the next meeting when the auditor was present to address this matter.
CITY HALL Chairman Dick Achter No report.
FIRE AND ORDER Chairman Frank Mastandrea No report.
PARKS AND PLAYGROUNDS Chairman Al Lawson
Al Lawson presented the Park & Rec. Committee Meeting Minutes January 29, 2008 for acceptance, seconded by Councilperson Mastandrea and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
Mr. Lawson informed the Council the committee voted to approach the Bicentennial Board to financially participate in the City Park Wish List endeavor; to have J.S. present an estimate to install sprinklers and a handicap sidewalk at Vigilante Park; to have Mr. Gilbert investigate funding options for the Park & Rec Department versus using the General Fund and if the Ruby View Subdivision is approved, the monies received in lieu of parks option be used to finish Ibeyville Park. The next meeting will be February 26, 2008 at 4:00 P.M.
CEMETERY Chairman
David Spehar No report.
HEALTH AND WELFARE Chairman Brittany Kailey No report.
City of
February 6, 2008
Page 6
STREETS AND ALLEYS Chairman David Spehar
The Street & Alley Committee met on January 28, 2008 and will present minutes at the next meeting.
WATER AND SEWER Chairman Tom Straugh
1.
Water Department
A/R Report December 2008 & Sewer Department A/R Report December 2008:
Councilperson Kailey moved to approve, seconded by Councilperson Spehar and
unanimously approved.
MOTION UNANIMOUSLY APPROVED.
2.
Approval of
January 24, 2008 Water & Sewer Committee Meeting minutes: Councilperson
McIsaac moved to approve, seconded by Councilperson Achter and unanimously
approved.
MOTION UNANIMOUSLY APPROVED.
During the Committee meeting of 01/24/2008 the discussion of water & sewer rates was tabled until 02/08/2008, a proposed contract for sewer projects is expected at the next Committee meeting, recommendations from the Committee for the 2009-2009 budget will be forthcoming, and Mr. Gilbert was asked to have an item included on the next agenda that would allow discussion of the annexation of water/sewer users who have not been annexed and an item which will allow development of correction of weaknesses in sewer and water related ordinances included as well. The next Water & Sewer Committee Meeting is scheduled for February 8, 2008 at 5:00 P.M.
There being no further business the motion to adjourn was made by Councilperson Spehar, seconded by Councilperson Lawson and unanimously approved.
MOTION UNANIMOUSLY APPROVED.
The meeting adjourned at 8:30 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