MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

March 5, 2008

COUNCIL

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

STAFF

PRESENT:     W.G. Gilbert, City Attorney; John Gutcheck, Chief of Police; Scott Marsh, Fire Chief; 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.

 

ABSENT:       Virginia Compton, City Judge.

 

Mayor Martin Malesich called the meeting to order at 4:00 PM. Mayor Malesich asked Councilperson McIsaac to lead the pledge of allegiance.

           

1.      The first order of business was the approval of the February 20, 2008 Regular Council Meeting Minutes. The following corrections were noted:

a.       Pg2 #2 line 2 change: Mr. Mooney to Mr. Link.

b.      Pg5 Para #1 change: Chris Stevens to Chris Saunders.

c.       Pg6 Library Board change: cost verses savings to risk verses cost.

Councilperson McIsaac moved to approve, seconded by Councilperson Spehar and unanimously approved.

MOTION  UNANIMOUSLY APPROVED.

 

PETITIONS AND COMMUNICATIONS:

 

1.      Letter to Fellow Council Members from Tom Straugh: Informational letter regarding the FEMA funded work on Blacktail Creek. The project will involve replacement of the Reeder Street and Railroad Avenue bridges. The project should be done by the end of next spring, or so.

 

PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

 

Mayor Malesich presented a letter from Dillon Elementary Educational Foundation inviting the City Council to participate in an upcoming fundraiser for the school district on March 11, 2008. The fundraiser participation requests assistance with serving food from 5:00 – 7:00 P.M. However, a conflict of a zoning workshop for Council Members is scheduled from 6:00 – 9:00 P.M. on the same date.

 

Mayor Malesich asked citizens present if they wished to address the council. Donna Wiggen and Beaverhead Outdoor Association President Darrell Johnson requested the City of Dillon’s support in asking the Forest Service for more time so citizens can comment on the recently released 2008 Beaverhead Deerlodge Land and Resource Management Plan. The council discussed placing the item on the next agenda and to have

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March 5, 2008

Page 2

Mr. Gilbert prepare a Resolution for council approval. Councilperson Straugh moved to suspend the rules, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson Straugh moved to support a resolution to extend the citizen comment period on the 2008 Beaverhead Deerlodge Land and Resource Management Plan to ninety (90) days, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson Kailey addressed a letter received from Sam Yetter that Yetter had sent to all of the Council members regarding her alleged annual leave time. Mayor Malesich responded it was an administrative issue.

 

MAYOR’S REPORT TO THE CITY COUNCIL:

 

1.      Discuss City Hall security issue procedure: Councilperson Spehar stated the Council should follow protocol and send this matter to the City Hall Committee before action takes place. Councilperson Riley made a motion to declare this matter an emergency and to act now, seconded by Councilperson Kailey and a poll vote:

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

6-Yes, 2-No.

MOTION APPROVED.

 

                  Councilperson Mastandrea moved to purchase plan A ($6,000.00 desk)

                  option, seconded by Councilperson Straugh and a poll vote:

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

5-No, 3-Yes.

MOTION FAILED.

.

2.      Discussion of expenditures for Judge – Tom Straugh: Councilperson Straugh moved to table this issue until further information was received from the Judge, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson Spehar moved to recess the meeting, due to a Council Training Class, until 4:00 P.M. Thursday, March 6, 2008, seconded by Councilperson Straugh and unanimously approved.

MEETING RECESSED 4:52 P.M.

 

Meeting Back to Order 4:00 P.M. March 6, 2008

 

COUNCIL

PRESENT: David Spehar, Brittany Kailey, Jim McIsaac, Al Lawson, Tom Straugh, 

                     Mike Riley.

 

 

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March 5, 2008

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COUNCIL

EXCUSED: Dick Achter (arrived at 5:20 P.M.), Frank Mastandrea.

 

STAFF

PRESENT:   W.G. Gilbert, City Attorney; John Gutcheck, Chief of Police; J.S. Turner,

                      Director of Operations; Faye E. Jones, City Clerk; and Amber K. Herzog,

                      Deputy City Clerk.

 

Mayor Malesich called the meeting back to order. Councilperson Lawson led the pledge of allegiance. The issue of the Court’s security will be discussed later in the meeting when the Judge is available.

 

3.      Appointment of Kitty Eaton to serve on Planning Board & Zoning Commission: Councilperson Lawson moved to approve, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

4.   Monthly Revenue Report for February 2008: Councilperson McIsaac moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

            5.    Report on Police Retirement status: Councilperson Straugh stated an actuary report had not yet been received. He requested this topic be placed on the agenda for the second meeting in April.

 

6.  Citizen’s Requests’ Report was presented by Mayor Malesich for Council review.  Robin Boyd of Dillon Karate stated he appreciated the City Council, Mayor and administration assisting the Karate Club with opening the facilities back up for their practices.

           

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. He stated he has devoted fifty-seven (57) hours to criminal matters. He received a letter from Browning, Kaleczyc, Berry and Hoven, P.C. Attorneys at Law informing him that MMIA has accepted the legal defense in the James & Betty Stuart v. City of Dillon, et al., subject to a full reservation of rights. He has also received a scheduling order in the 9th Circuit Court for the Police Association lawsuit.

 

PLANNING BOARD – Mike Riley, Chairman

Reminder to the Council regarding a Zoning Workshop scheduled for March 11 at 6:00 P.M..

            1. Zoning Commission: The Zoning Commission met and decided not to take action on the rezoning for Idaho Street.

 

.

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DIRECTOR OF OPERATIONS – J.S. Turner

Zoning Compliance Certificates Applied for: 

1.        #1987-Zone C- Jan Hays – 16 S. Montana - sign            

           

Zoning Compliance Certificates Issued: 

            1.    #1987-Zone C-Jan Hays – 16 S. Montana - sign

Variance Applied For: none

 

POLICE CHIEF – John Gutcheck – no report. 

 

FIRE CHIEF – Scott Marsh  – No report

           

CITY COURT - Judge Virginia A. Compton – no report.

 

TREASURER – T. P. Cobb – no report.

 

LIBRARY BOARD – Marie Habener – no report.

 

STANDING COMMITTEES:

 

JUDICIARY – Chairman Mike Riley – No report.

 

FINANCE – Chairman Jim McIsaac – Councilperson McIsaac moved to approve the Claims Report for the month of February 2008, seconded by Councilperson Kailey and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson McIsaac moved to approve the Line Item Report for the month of February 2008, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson McIsaac moved to approve the minutes of the February 20, 2008 Committee Meeting, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

The Council discussed that the City Attorney’s contract had expired 01/01/08 and they would like the matter referred to the Judiciary Committee.

 

CITY HALL – Chairman Dick Achter – no report.

 

FIRE AND ORDER – Chairman Frank Mastandrea – No report.

 

 

 

 

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PARKS AND PLAYGROUNDS – Chairman Al Lawson – Councilperson McIsaac moved to approve the February 26, 2008 committee minutes, seconded by Councilperson Riley and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

During the committee meeting a motion to determine funds available and to attempt to get Mr. Lake to work on the arch and wall in Children’s Park was passed unanimously. A motion to paint a storage shed with red & white paint with volunteer groups was unanimously approved.

 

The Council discussed the security issue with Judge Compton’s clerk’s desk. Judge Compton was present and stated the only option suitable for her was to purchase the $6,000.00 desk. A motion by Councilperson McIsaac to revisit the original motion, seconded by Councilperson Straugh and a poll vote:

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

5-Yes, 1-No.

MOTION APPROVED.

 

Councilperson Straugh moved to execute plan A ($6,000.00 desk), seconded by Councilperson Kailey and a poll vote:

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

5-Yes, 1-No.

MOTION APPROVED.

 

Councilperson Straugh moved once the order for the desk has been placed, the Little Shooters will be allowed access to the building via the boiler room and the Karate Club will be allowed access through the Center Street entrance, in both cases people shepherded through the doors by the charge person and the doors relocked and order a porta-potty for the Little Shooters until the desk arrives, seconded by Councilperson Spehar and a poll vote:

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

5-Yes, 1-No.

MOTION APPROVED.

 

CEMETERY – Chairman David Spehar – No report.

           

HEALTH AND WELFARE – Chairman Brittany Kailey – The committee met on March 4, 2008 and discussed building codes as the first step of multiple steps.

 

Councilperson Achter arrived for the meeting at 5:20 P.M.

 

STREETS AND ALLEYS – Chairman David Spehar – A letter from John Giere requesting street signage action for the intersection of Reeder and Idaho. The Council discussed a traffic study and J.S. stated John Gutcheck had already acted upon the study.

           

 

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March 5, 2008

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WATER AND SEWER – Chairman Tom Straugh – The February 25, 2008 Meeting Minutes were presented and moved for approval by Councilperson McIsaac and seconded by Councilperson Achter and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

During the Water & Sewer meeting, a motion was passed unanimously to table water rate adjustment action until sufficient detail and scope was obtained. Regarding sewer lines protecting wells 3 and 4, sewer lagoon study and permitting well #5 with land purchase direction was provided to staff to make these three projects a priority give that they were contained in the 2007-2008 budget which has 4 months left. The direction was provided through a unanimous motion. A motion to recommend that the council annex properties outside the City boundary which are receiving sewer and/or water services or both was passed unanimously.

 

The Council discussed the lack of water for a customer on 10 Mile Road. Councilperson Straugh moved to suspend the rules, seconded by Councilperson Kailey and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

Councilperson Straugh moved to authorize rental of a porta-potty for the 10 Mile Road family and delivery of 10 five gallon jugs and fill the water barrel at their trailer on 10 mile Road, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

It was discussed that the water department had a need of tapping saddles, therefore Councilperson Straugh moved to authorize the purchase of two saddles, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

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

MOTION UNANIMOUSLY APPROVED.

 

The meeting adjourned at 5:54 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