MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

April 2, 2008

COUNCIL

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

COUNCIL

EXCUSED:    Mike Riley.                  

STAFF

PRESENT:     W.G. Gilbert, City Attorney; John Gutcheck, Chief of Police; Rick Later, Fire Marshall; J.S. Turner, Director of Operations; Ty Cobb, City Treasurer; Faye E. Jones, City Clerk; Amber K. Herzog, Deputy City Clerk and 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 Lawson to lead the pledge of allegiance.

           

The first order of business was the approval of the March 19, 2008 Regular Council Meeting Minutes. Councilperson McIsaac moved to approve, seconded by Councilperson Lawson and unanimously approved.

MOTION  UNANIMOUSLY APPROVED.

 

PETITIONS AND COMMUNICATIONS:

 

1.      Municipal Elected Officials Workshop May 7-9, 2008: Three members of the Council signed up for the conference in Billings. Mayor Malesich will make the reservations.

2.      Request that Thomsen Ave be closed for the Dillon Expo: Dead Air Broadcasting requested closure of Thomsen Ave from the morning of May 16th through late afternoon of May 17, 2008 for the Dillon Expo. Councilperson McIsaac moved to close Thomsen May 16th through May 17, 2008, seconded by Councilperson Straugh. Councilperson Straugh amended the motion to include from 8:00 A.M. May 16th through 4:00 P.M. May 17, 2008, seconded by Councilperson McIsaac and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

                  The original question was called and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

3.      Memo from Animal Control Officer regarding Spay/Neuter Task Force: The memo was an overview of what the event was all about. Community support was requested to assist with the two day event.

 

 

 

           

 

City of Dillon Council Meeting

April 2, 2008

Page 2

PUBLIC COMMENT ON PUBLIC MATTERS NOT ON THE AGENDA:

 

Mayor Malesich asked citizens present if there were any public comments for public matters not on the agenda. P. Jonathan Heroux, Managing Director for PiperJaffray was introduced to the Council by Ty Cobb. PiperJaffray was responsible for the Municipal Bond issued for the City of Dillon in the past. Ty Cobb walked through the numbers for the financing options for the police retirement issue. Regarding one of the financing options he had the numbers reconfirmed with Ms. Minohan of the Public Finance Administration: Financing would be over a ten year period of time at eight (8) percent and that interest rate is reflective of what their investment rate is on their fixed investments. The other number he had was his best guess on a tax exempt financing that was at 4.50% financing over twenty (20) years. Mr. Cobb informed the Council that Mr. Heroux and Cynthia Weed informed him that the City of Dillon could not use tax exempt financing for financing the unfunded pension liability.  Mr. Heroux informed the Council of the financing options available with the issuance of municipal bonds for the unfunded pension liability. Market rate for a twenty (20) year tax exempt financing 4.00 to 4.25% borrowing. Under the Federal Tax Code financing pension short programs is not allowed. Taxable Bonds are a higher interest rate: 20 year financing at 7.50%.

 

BJ Diehl from the Community Support Center informed the Council she had received a grant in the amount of $3855.00 and had made arrangements to purchase fencing for the Depot Park along the railroad tracks. The ceremony dedicating the fence will be held at 9:00 A.M. on April 15, 2008 and she requested the Council’s attendance.

 

MAYOR’S REPORT TO THE CITY COUNCIL:

 

1.      Monthly Revenue Report for the month of March 2008: Councilperson McIsaac moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

.

2.      CDBG – Payment #6: Councilperson Straugh moved to accept, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

3.      Mayor’s appointment of Melissa Hannah to the Planning Board:

4.      Mayor’s appointment of Melissa Hanna to the Zoning Commission: Councilperson Straugh moved to approve the appointments of Melissa Hanna to the Planning Board and the Zoning Commission, seconded by Councilperson Spehar and unanimously approved.

 MOTION UNANIMOUSLY APPROVED.

 

5.      Citizen’s Requests’ Report was presented by Mayor Malesich for Council    

       review.  

 

 

           

City of Dillon Council Meeting

April 2, 2008

Page 3

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 an eighth of his time this month was spent on water and sewer matters. Councilperson Lawson requested the City and criminal billings be separated out in the future reports.

 

PLANNING BOARD – Mike Riley, Chairman – No report

a.       Zoning Commission: Findings of Fact on Application for Zoning Change – Lots C-1, D-1, Lots G & H of Fraction A of the Original Townsite of Dillon dated March 31, 2008. Councilperson Straugh moved to table until Councilperson Riley returned, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

DIRECTOR OF OPERATIONS – J.S. Turner

Zoning Compliance Certificates Applied for: 

1.        #1990-Zone A- Kelly Rowe Investments LLC – 934 S. Atlantic – 2 story duplexes.

2.        #1991-Zone C- Dillon Photo Express – 24 S. Idaho – sidewalk sign – 2’x4’                     

Zoning Compliance Certificates Issued: 

1.        #1991-Zone C- Dillon Photo Express – 24 S. Idaho – sidewalk sign – 2’x4’

           

Variance Applied For: none

 

Mr. Kelly Rowe informed the Council that he had applied for a couple of variances for property he is developing near the college. He had originally planned to build three 4-plexes that looked like three little houses in that area that blended in with the neighborhood. He stated the Variance Board for whatever reason denied his plans. He did not understand why, because the minutes of the Variance Board Meeting he received from Mr. Straugh were not correct. After a brief clash with Councilperson Straugh, he said that it was sad to say that what he has now been legally able to do with the development will look like a bunch of trailer houses, on six lots, fifteen feet wide, sixty feet long and two-story. He tried to do what was best on his property for the community and it saddened him that he could not convey that to the Variance Board. He requested the Council be informed of the Variance Board’s actions, their operative methodology and conflict of interests. Mayor Malesich requested Mr. Rowe provide a copy of what he believed to be a correct transcript of the Variance Board Meeting and Mr. Rowe stated he would. Mr. Straugh stated he was certainly willing to correct things if there are statements of fact in error.

 

 

 

 

City of Dillon Council Meeting

April 2, 2008

Page 4

POLICE CHIEF – John Gutcheck – No report

 

FIRE MARSHALL – Rick Later  – No report

 

           

CITY COURT - Judge Virginia A. Compton – No report

 

TREASURER – T. P. Cobb – No report.

 

LIBRARY BOARD – Marie Habener – The Minutes of the Board of Trustees Regular Meeting February 25, 2008 were submitted for informational purposes.

 

STANDING COMMITTEES:

 

JUDICIARY – Chairman Mike Riley – Approval of the Minutes for March 27, 2008: Councilperson McIsaac moved to approve, seconded by Councilperson Achter and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

At the Judiciary Committee meeting of March 27, 2008 a motion that the Judiciary Committee recommend the submitted proposed contract for Mr. Gilbert be accepted with an extended hourly rate of $110.00 was continued so that Mr. Gilbert could ascertain his costs more exactly.

 

FINANCE – Chairman Jim McIsaac – Approval of the Claims and Line Item Budget Reports for the month of March 2008: Councilperson Straugh moved to accept the Claims and Line Item Budget Reports for the month of March 2008, seconded by Councilperson Achter and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

CITY HALL – Chairman Dick Achter – No report.

 

FIRE AND ORDER – Chairman Frank Mastandrea – No report.

 

PARKS AND PLAYGROUNDS – Chairman Al Lawson – Approval of the Minutes for March 27, 2008: Councilperson Straugh moved to approve, seconded by Councilperson Achter and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

At the March 27, 2008 Parks and Playgrounds Committee meeting a motion to remove the existing sidewalk, redesign the pathway and replace with paved pathway at West Side Park was passed unanimously. A motion to recommend tearing down the existing cinderblock structure and erect a correctly built structure at Children’s Park was passed unanimously. A motion to continue the 2007-08 budget to the 2008-09 budget for the amount of $33,000 was passed unanimously.

 

 

City of Dillon Council Meeting

April 2, 2008

Page 5   

CEMETERY – Chairman David Spehar – No report.

           

HEALTH AND WELFARE – Chairman Brittany Kailey – No report.

 

STREETS AND ALLEYS – Chairman David Spehar – No report.

 

WATER AND SEWER – Chairman Tom Straugh – Approval of the Minutes for March 24, 2008: Councilperson McIsaac moved to approve the minutes of the March 24, 2008 Water & Sewer Committee meeting, seconded by Councilperson Lawson and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

At the Water & Sewer Committee meeting a motion to suspend the rules was passed unanimously. A motion to recommend that the council allow a disbursement for Payment #6 in the amount of $1,345.34 for the Kentucky and Thomsen Ave CDBG project was passed unanimously.

 

AD HOC Committee – Approval of the Minutes for March 26, 2008: It was noted that David Spehar should be added to the minutes as present. Councilperson McIsaac moved to approve the minutes of the March 26, 2008 Ad Hoc Committee meeting as corrected, seconded by Councilperson Spehar and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

At the March 26, 2008 Ad Hoc Committee meeting a motion to move the fund to the State of Montana retirement system was passed unanimously.

 

At the Regular City Council Meeting of April 2, 2008 a discussion ensued regarding the opportunity to submit a request to be placed on the meeting agenda of the PERS Meeting on April 10, 2008 to request to extend the term and lower the interest. Frank Mastandrea informed the Council of the aforementioned opportunity. Councilperson McIsaac moved that a letter of request be sent to be placed on the agenda of the April 10, 2008 PERS Meeting to extend the term and lower the interest, seconded by Councilperson Kailey and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

It was discussed that Councilperson Straugh would compose the letter of request and Councilperson Mastandrea would provide the contact name and fax number to complete the project. If approved, the Ad Hoc Committee will travel to the meeting in Helena.

 

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

MOTION UNANIMOUSLY APPROVED.

 

The meeting adjourned at 8:34 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.

 

City of Dillon Council Meeting

April 2, 2008

Page 6   

                                                                        Approved by:

 

 

_______________________

                                                            Faye E. Jones, City Clerk

ATTEST:

 

 

_____________________

Martin R. Malesich, Mayor

                                                                       Submitted by:

 

 

___________________________

                                                Amber K. Herzog, Deputy City Clerk