MINUTES OF THE REGULAR MEETING

DILLON CITY COUNCIL

April 16, 2008

COUNCIL

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

COUNCIL

EXCUSED:    David Spehar.  

                         

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; 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 McIsaac to lead the pledge of allegiance.

           

The first order of business was the approval of the April 2, 2008 Regular Council Meeting Minutes. Councilperson McIsaac moved to approve with a name correction on page 2 from Monohan to Minohan, seconded by Councilperson Kailey and unanimously approved.

MOTION  UNANIMOUSLY APPROVED.

 

PETITIONS AND COMMUNICATIONS:

 

1.      Letter of resignation from Marie Giere: Effective immediately she resigned as Chairman of the City of Dillon Zoning Commission and as a member of the City of Dillon Planning Board due to family circumstances. Councilperson Riley stated the Chairman of the Zoning Commission position was delegated to Lynn Westad. The Planning Board had contracted with Karen Kaiser as the new secretary for the board.

2.      Letter from Pastor Zane Springer representing the Dillon Ministerial Alliance inviting the Mayor and City Council Members to a National Day of Prayer Breakfast on Thursday May 1, 2008 at 7:30 A.M., at the Vineyard Church on 310 E. Center Street for the sole purpose of coming together as a community and to lift up in prayer the nation, government, schools and local agencies of the community.          

 

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. LISTEN TO TAPE@@@@@@

 

MAYOR’S REPORT TO THE CITY COUNCIL:

 

 

City of Dillon Council Meeting

April 16, 2008

Page 2

1.      Reminder – reservations for the 2008 Municipal Elected Officials Workshop are due by April 21, 2008: Councilpersons McIsaac, Kailey, Riley and Achter plan to attend the workshop.

2.      Fire Hall Report March 2008 Expenditures: Councilperson McIsaac moved to approve, seconded by Councilperson Straugh and unanimously approved.

MOTION UNANIMOUSLY APPROVED.

 

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

       review.  

           

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 had spent time working on the railroad lease and the police contract.  The railroad lease included requirements for a higher than normal amount of liability insurance and he would continue to work on the lease. LISTEN TO TAPE@@@@

 

PLANNING BOARD – Mike Riley, Chairman

LISTEN TO TAPE@@@@@@

 

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 16, 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 16, 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 16, 2008

Page 6   

                                                                        Approved by:

 

 

_______________________

                                                            Faye E. Jones, City Clerk

ATTEST:

 

 

_____________________

Martin R. Malesich, Mayor

                                                                       Submitted by:

 

 

___________________________

                                                Amber K. Herzog, Deputy City Clerk