APPROVEDThe 1479th Regular Meeting of the City Council was held on Monday, October 2, 2017 in the Council Chambers at City Hall.
Call to Order:
The meeting was called to order at 7:02 pm by Mayor Brent Teske.
Present were Mrs. Williams, Mr. Zimmerman, Ms. Smith, Mr. Beach, Mrs. Ford , City Administrator Jim Hammons , City Clerk Audray McCollum and City Attorney Dean Chisholm.
Prayer was offered by Phillip Coblentz.
Mrs. Ford MADE A MOTION to approve the minutes from council meeting # 1478 held on September 18, 2017.
Mr. Armstrong SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.
Announcements:
Mayor Teske announced John Underwood, an Olympic trainer and founder of The Life of an Athlete Human Performance Project, will be presenting a seminar on how to keep area youth alcohol and drug free October 3rd at 7 pm in the Maki Theater.
Mr. Zimmerman stated he purchased a house at 1203 Nevada Ave.
Committee Reports:
Cemetery/Parks: Mrs. Williams stated there will be a meeting October 3 at noon. The committee will discuss projects that may need addressed before winter.
Fire: Mr. Zimmerman reported there were 14 calls for service in September 3 in the city, 5 rural and 6 out of district. The new turn out gear has been ordered.
Police: Chief Kessel reported there were 229 calls for service in September, 21 citations and 27 arrests. Chief Kessel thanked the council for additional training funds. In September all officers took an online training course for 21 hours of certified state training on sexual assault investigations. Kessel and Short also took the course on a leadership level. In October a couple of officers will be attending drug enforcement training and one officer will attend interview school. The officers will continue different post credited online courses throughout the year.
Resolutions/Ordinances: Ms. Smith will be calling a meeting in the next few weeks.
Lights/Streets/Sidewalks: Mr. Beach stated the city received the replacement Volvo loader. Mr. Hammons said the sidewalk repair on Mineral Ave. totaled $2300.00.
Building: Mr. Beach stated the city crews were checking all city roofs, clearing drains and rain gutters.
Mayor Teske received a letter from the State of Montana stating they may be reviewing the lease agreement for the Department of Revenue office space.
Water/Sewer: Mr. Zimmerman stated there will be a meeting October 4 at noon to discuss water and sewer rates.
Personnel: None.
Budget: None.
Finance: August balance sheet in council packets.
City Administrator: In council packets. Mr. Hammons stated the city will be placing some used equipment up for sealed bid.
KRDC: Mr. Zimmerman said the committee talked about the Way Finding Signs and grant funding. The next meeting will be October 19.
City County Health Board: Lyn Thompson, city representative on the City- County Board of Health, gave council an update from the July and September meetings. Mrs. Thompson said the agendas and minutes were posted on the county website. The board has been working on program reports, passed a rabies control – prevention policy and animal control regulation policy.
In the environment scope, the board has passed a catering regulation, drafted a solid waste regulation and passed a junk trailer regulation.
Air quality and the wild fires were discussed at the September meeting.
The board is working on the cooperative agreement and grant application between Lincoln County and the EPA.
Public Health will be gearing up for flu season.
There is an institutional control steering committee that is learning about the operation and management transition of the EPA. The board is considering hiring a consulting firm to help with the transition.
The board has formed an advisory team for Senate bill 315. The team is made up of the DEQ director, Lincoln County Commissioner Mark Peck, Libby citizen George Jameson, Senate and House of Representative members from our district.
The board has updated how to handle public comments. The next meeting will be October 11 in the Commissioners Chambers.
Mayor Teske asked Mrs. Thompson to follow up with policy changes to the dust control regulation.
Public Comment on Non- Agenda Items:
Bill Cunnane, 622 Michigan Ave, thanked the city for mowing the lot next to his. Mr. Cunnane said Joshua Black and Joseph Miller both from Libby, will be traveling to Washington DC and representing Montana at Awaking the Dawn.
Shane Campbell asked Mr. Beach if he had contacted Scott Curry about the collapsed wall at the old high school. Mr. Beach said he had not made contact yet.
New Business:
Settlement Agreement between the Montana Commissioner of Political Practices and the City of Libby Montana:
Jeffrey Mangan, The Commissioner of Political Practices, and Attorney James Brown from James Brown Law Office representing Doug Roll Bill Bischoff, Vicky Lawrence, Robin Benson, Peggy Williams and Barb Desch were present by speaker phones.
Brian Zimmerman MADE A MOTION to accept the settlement agreement with the Montana Commissioner of Political Practices.
Mrs. Ford SECOND.
City Attorney Dean Chisholm gave background and explained the purposed settlement agreement for (Magill v. Reintsma COPP-2014-CFP-037). The city would host a week-long democracy week in June for the next four years. In return the office of political practice would not prosecute the case any further. Mr. Chisholm stated he was only representing The City of Libby and this was a way to turn a difficult period into a positive outcome.
Commissioner Mangan said City Attorney Dean Chisholm did a good job explaining the agreement.
Council question and discussion followed.
Ms. Smith said she appreciates the settlement that was reached and every municipality should have a transparency in democracy week.
Council questions and discussion followed.
Mrs. Williams requested that Attorney Browns letter be entered into public record.
Mrs. Williams stated she did not agree with the findings.
Council questions and discussion followed.
Mayor Teske stated council had ample time to research any findings.
Public Comment:
Arlen Magill, 807 Wisconsin, stated council had plenty of time to research his complaint. Magill asked how many council members contacted Attorney Brown. Magill said council needs to help get the city out of this obligation. The recommendation was made by former political practices commissioner Jonathan Molt. Magill was discouraged that 3 council members said they were uncomfortable with parts of the recommendation. Mr. Magill said council should have done their research and asked questions before this council meeting.
Ms. Smith said the point of the forum was to have an open discussion in front of the public to ask questions and to have open dialogue.
Arlene Magill said this was a waste of everybody’s time.
Allen Olsen, 33692 Hwy 2, was in favor of the city being released. The people named in the suit should be held accountable or they will never change. Olsen said release the city but hold the 7 accountable, they have had many opportunities to clear this up.
Zimmerman, Smith, Beach, Armstrong, Ford voted FOR.
Williams ABSTAINED.
MOTION PASSED.
Jeffrey Mangan, The Commissioner of Political Practices and Attorney James Brown left the meeting.
Resolution 1909-Settle agreement between the Montana Commissioner of Political Practices and the City of Libby, Montana:
Mr. Zimmerman MADE A MOTION to accept resolution 1909.
Mrs. Ford SECOND.
Public Comment:
Bill Cunnane, 622 Michigan Ave, asked would candidates filing for city offices also be included in this resolution.
Mayor Teske said that was a policy issue.
Bill Cunnane replied this would give more trust to the public.
Zimmerman, Smith, Beach, Armstrong, Ford voted FOR.
Williams ABSTAINED.
MOTION PASSED.
Approve new business license received to date.
• Rositas Express-820 Main St-Mexican food.
• Caulbay Construction LLC-95 Cedar Creek Rd-Construction, windows, doors, siding.
• Sindy Filler-336 Boulder Lane-Mediation, translation and bilingual notary services.
Mrs. Ford MADE A MOTION to approve the new business license received to date.
Mr. Armstrong SECOND.
Ms. Smith said she was excited to see so many new business licenses for the City of Libby. This is a good sign for the community.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.
Approval of claims for September 2017:
Mr. Zimmerman MADE A MOTION to accept all claims for September2017.
Mr. Beach SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.
Unfinished Business:
Council Rules and Procedures:
NO ACTION WAS TAKEN
General comments from the council:
None
Adjournment:
Mr. Armstrong MADE A MOTION to adjourn the meeting.
Mrs. Ford SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.
Meeting was ADJOURNED at 7:54 pm.
______________ Attest; ______________________________
Mayor, Brent Teske Audray J. McCollum City Clerk/Treasurer