THE 1268th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 4, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS
Council President Charlene Leckrone called the regular meeting to order at 7:04 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Crismore, Leckrone, and Roll, City Attorney Charles Evans, Supervisor of City Services Dan Thede and City Clerk Chris Erickson were present. Mayor Berget and Council Members Bothman and McElmurry were absent.
Pastor Robert Mast of the Libby Amish Church offered prayer.
Mr. Roll moved to accept the minutes of the May 7, 2007 regular meeting; the May 2, 2007 Breakfast Meetings; and the May 11, 2007 special meetings as presented.
Mr. Bischoff seconded the motion.
Motion passed unanimously.
Resolution No. 1682 Adjusting the Base Minimum Gallon Usage for the City’s Water System for Summer Months for Residential and Commercial Consumers was read by Council President Leckrone.
Mr. Roll made a motion to accept Resolution No. 1682 as read.
Mr. Crismore seconded the motion.
Motion passed unanimously.
Council President Leckrone read Resolution No. 1683 in Support of Mining Operations Conducted Pursuant to State and Federal Environment Standards.
Mr. Crismore made a motion to accept Resolution No. 1683 as presented.
Mr. Bischoff seconded the motion.
Motion passed unanimously.
Bruce Vincent spoke in regards to the resolution. The original resolution he had submitted to the county was a joint resolution requiring signatures from all local entities and Lincoln County officials. He wanted to post the resolution in the local paper showing support for mining from all entities. President Leckrone assured Mr. Vincent that, although the city had passed its own formal resolution, Mayor Berget could still sign the joint resolution passed by Lincoln County.
The public was given a chance to speak about items listed on the agenda. No public asked to be addressed.
UNFINISHED BUSINESS
Bill Buxton of Morrison-Maierle Engineering presented an update of the Cabinet Heights Wastewater Project. He spoke to Judy Broadwater of Rural Development who had no new information on the status of the loan/grant request.
Dale and Marlene Herreid had submitted a request for the city to abandon an alley. City Attorney Evans informed the council that this must be noticed properly with a public hearing scheduled. A resolution must then be passed. This issue was tabled until a date is set for the hearing.
City Attorney Evans drafted an agreement between the City of Libby Volunteer Fire Department (LVFD) and the Lincoln County Rural Fire (LCRF) in regards to a fee requested to reimburse the Lincoln County Rural Fire for use of tenders in the Cabinet Heights area should the need arise. Mr. Roll commented that the amount of $2100 annually was incorrect. The amount should have been $2500 and this is only a preliminary figure. He wanted a draft to present to the LVFD and the LCRF so they could negotiate a fair cost. He will present the draft and bring back a recommendation at the next regular council meeting.
NEW BUSINESS
Pam Peppinger of Libby Logger Days requested specific street closures during their festivities from June 21, 2007 through June 23, 2007.
Mr. Crismore made a motion to grant the request as presented.
Mr. Roll seconded the motion.
Motion carried unanimously.
Millwork West had submitted a preliminary subdivision request. They sold off the planer part of the business and wanted to include a portion of property with the sale. This is only informational and a formal request will be submitted later. City Attorney Evans reminded the city council that the city has not yet developed a process to approve subdivisions. This must be pursuant to review of regulations from the county. Dan Thede stated that he was responsible for administration of subdivision approval.
Trent Oelberg of Libby Revitalization/Libby Main Street presented a budget request for fiscal year 2008 and a formal request for a donation from the city of $5,000 to assist with the City of Eagle project. The budget request for LRI will be included in the budget process and no decision will be made at this meeting. The eagle project is in need of steel posts to erect the sculpture on Mineral Avenue at a probable cost from $3500 to $6500. If new posts are purchased, Montana Machine offered them at their cost. TLC Engineering is donating engineering services. Mr. Crismore asked that no decision be made on this now, as he was not present for the previous discussion at the May 21st meeting and is unaware of a request for donation. The group would like the sculpture to be erected by July 4, 2007 and would like to move forward.
Mr. Roll made a motion to approve the donation request of $5,000 to assist with the City of Eagle project.
D. C. Orr, 1117 Nevada, made a comment regarding proper notification to the public regarding city council intentions verses decisions made.
Mr. Roll disputed the statement.
Commissioner Windom stated that support of the concept was made at the June 11, 2007 meeting not a request for donation.
Mr. Bischoff seconded the motion.
Motion carried. Mr. Crismore voted nay.
COUNCIL ACTION/DISCUSSION
Tanya Gehrke, Utility Billing Clerk, submitted a request to write-off uncollectible water accounts in the amount of $48.63. The accounts had been submitted to the Lincoln County Business Services for collection. A portion was collected and this is the balance due.
Mr. Roll made a motion to approve the request to write-off $48.63 in delinquent water accounts.
Mr. Bischoff seconded the motion.
Motion carried unanimously.
President Leckrone announced an open house to be held for the Lincoln County Community Health Center on Thursday, June 7th from 3 p.m. until 6 p.m.
COMMITTEE REPORTS
CEMETERY/PARKS – Appreciation was extended to the street department for cleaning, spraying and mowing the cemetery.
CITY/COUNTY LIAISON – None.
FIRE – Fire Chief Tom Wood was unable to print the monthly report but gave an oral presentation.
BUILDING/INDUSTRIAL PARK – Mr. Thede stated the roof for city hall would be submitted in the budget process. Montana Athletic Club will also submit a budget request for energy saving ideas.
INSURANCE – None.
PERSONNEL – None.
POLICE – Chief Coker gave a brief report, which included budget proposals and a new roof for the Old City Hall building.
RESOLUTIONS/ORDINANCES – None.
WATER – None.
SEWER/LIGHTS – None.
STREETS/ALLEYS – Mr. Roll commented on the new wheel loader that will be purchased for the street department. The Volvo model was chosen as it met most specs and the tools currently being utilized are interchangeable for the unit.
SIDEWALKS/CURBS – None.
BUDGET/FINANCE – None.
JUDICIAL – None.
UNION NEGOTIATIONS – Union negotiations are currently ongoing.
Mr. Roll moved to pay the claims as presented.
Mr. Bischoff seconded the motion.
Motion carried unanimously.
HEAR THE PUBLIC
Gary Doubek of the Pastime Bar and Lounge requested street closure for a street dance he would like to have during the Libby Logger Days. He was remiss in requesting the closure in time for the agenda. As in the past, he would complete an agreement with the city and provide the proper insurance coverage. This item will be tabled until the May 21, 2007 special meeting.
Trent Oelburg thanked City Clerk Chris Erickson for her service.
Duane Williams attended the Memorial Day Services at the Libby Cemetery and again commented that the cemetery looked fabulous. He thanked the city for the special attention to the grounds.
Commissioner Windom thanked the council for their support of the City of Eagle project with the donation of $5,000.
The meeting was adjourned at 8:17 p.m.
Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk
SPECIAL MEETING COUNCIL CHAMBERS – CITY HALL JUNE 11, 2007 – 7 P.M.
Mayor Berget called the Special Meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bothman, Bischoff, Crismore, Leckrone, McElmurry, Roll, City Attorney Charles Evans and Deputy City Clerk Tanya Gehrke were present. City Services Supervisor Dan Thede and City Clerk Chris Erickson were absent.
UNFINISHED BUSINESS
It was recommended by Mayor Berget to hold off on the Budget meetings until the prior year audit is completed. He will check with City Clerks Chris Erickson and Glena Young to see when the audit might be complete. There will be a Special Budget meeting held on June 25, 2007 and it was suggested that all Department heads should be present. The City should have a Preliminary Budget on or before July 22, 2007.
NEW BUSINESS
Gary Doubek from the Pastime Bar addressed the Council to request a street closure for a dance during Logger Days. Ms. Leckrone mentioned that maybe next year there should be a street closing fee.
Mr. Bischoff made a motion to allow the street closure.
Mr. Roll seconded the motion.
Motion passed unanimously.
Clay Coker, Chief of Police, addressed the council regarding FICA Contributions and the Municipal Police Officers Retirement System. Police Officers are exempt from paying Social Security according to a 1971 agreement. After much discussion on the subject the Council still had many questions and concerns. City Attorney Charles Evans said that he had not had the proper amount of time to research the issue. Chief Coker said that he had intended this to be the first reading. It was decided the first reading would be at the July meeting.
Mike Cirian, EPA Libby Site Manager, addressed the Council regarding cleanup at the Export Plant Site. Paul Peronard, EPA Team Leader, says that it is imperative that the City notify the EPA before any digging begins at the export site. There is an interim guideline letter dated May 8, 2007 which the City of Libby and EPA will follow until the Record of Decision (ROD) is complete for the Libby Superfund Site and until approved Institutional Controls(IC) can be established.
Mayor Berget handed out a draft of a Resolution to continue support of Mines Management Inc.’s Montanore Project. It will be addressed at the next regular council meeting in July.
HEAR THE PUBLIC: None.
Meeting was adjourned at 8:25.
______________________________
Anthony J. Berget, Mayor
Tanya R. Gehrke, Deputy City Clerk
SPECIAL MEETING COUNCIL CHAMBERS – CITY HALL JUNE 20, 2007 – 4:30 P.M.
Mayor Berget, Libby City Council Members McElmurry, Roll, Leckrone, City Services Supervisor Dan Thede and City Clerk Chris Erickson were present at the meeting to discuss the Municipal Police Officer’s Retirement System (MPORS).
Jerry Williams, representative for MPORS, gave a presentation on the process of diverting PERS and FICA contributions for police officers into the MPORS retirement system. Since 1975, police officers that were members of PERS were excluded from social security purposes, unless they passed a referendum to elect supplemental social security coverage. The City of Libby police department was formed after 1975 and was not aware of the issue. If a city accidentally provided social security coverage for police officers, credit adjustments may be filed with the IRS via W2-C’s for a statute of limitations period. The city is also eligible for a refund of their portion paid into the FICA system via a 941-C.
In essence, this program provides greater benefits for the police officers, shorter retirement requirements and would be no extra expense to the city to do so. The current contributions made to PERS may also be able to be rolled into the MPORS accounts.
The proposal will be put before the city council at the July meeting for a decision.
Chris A. Erickson, City Clerk
CITY OF LIBBY – CITY COUNCIL SPECIAL BUDGET MEETING AGENDA WORKING COMMITTEE MEETING – COUNCIL CHAMBERS – MONDAY, JUNE 25, 2007 – 6:00 to 7:30 p.m.
1. CALL TO ORDER
Pledge of Allegiance/Roll Call/Welcome
2. Award Bids – Gas, Oil, Gravel, and Asphalt for 2007-08
3. 2007-08 Budget Issues – Discussion only. No decision will be made.
Public comment will be taken.
ADJOURNMENT
The public is encouraged to attend.