SPECIAL COUNCIL MEETING DECEMBER 1, 2010 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL
The meeting was called to order at 5:30pm by Mayor Roll. Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch, Mr. Orr and Mr. Bischoff were present. City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.
Carol Campbell, Victor Ketellapper, Mike Cirian and Jim Martin were present from the EPA.
Mayor Roll started the meeting by asking each council to talk about their concerns.
Bill Bischoff stated he believed we were moving ahead pretty good on OU1. Mr. Bischoff stated he had a high respect for Victor, Rebecca and Mike and felt they were doing very well. Mr. Bischoff’s concern was with the O & M costs and feels that many believe the fund that has been set up is not going to be sufficient.
Jim Martin of EPA stated that they are going to have to take a hard look at that. He stated that over the next few years they will have to take a look at the funding and get a better sense of whether it is adequate. He stated the State would play a lead role in O & M.
Barb Desch stated that her questions were basically answered and asked what is it going to be like once you guys have everything completed the way you feel it should be and we are on our own. Mrs. Desch stated her biggest concern was when it falls back on us where do we go from here.
Mayor Roll stated that he wanted everyone to know that this meeting was not limited to the Asbestos clean-up and his concern was going to be with the Montanore Mine and what we could do to help get it going. Mr. Roll stated that EPA is not giving them all the answers only some of the answers. Mayor Roll said that it is like all government you ask one thing and three more things pop up. The Mayor stated that what he was stating is that if they could lay the rules down and say this is what you have to do it would help. The Mayor stated it would streamline the process while still protecting the environment, but wanted the EPA the give the Montanore Mine people something to work with.
Jim Martin, EPA, stated he thought that the draft supplement would be coming out in the Spring and that will set us up to move forward to closure on the Montanore Mine issue.
Mayor Roll asked Jim Martin if there was a way for the EPA to directly get with the Montanore Mine folks so it would come directly from you and they could respond.
Jim Martin, EPA, said you could call him when ever needed and said he was very serious about meeting the EPA’s responsibilities.
The Mayor stated they were looking for jobs and the Montanore Mine would create 300 good paying jobs.
Peggy Williams brought up Operation and Maintenance of the OU1 site. She also stated she had concerns about the Institutional Controls and also asked what is it that the EPA is looking for in these meetings.
Jim Martin stated he would go to OU1 first and is very much hoping that before winter is out the issues could be resolved and believes that very soon the EPA will present a Design Proposal for OU1. Mr. Martin believes they are getting to the point where they can work out the details where they do the remediation and the City does the restoration. He stated he would like to get it behind us so that the City has a Park that is fully functioning and available to use. Jim Martin stated he is coming here regularly because EPA is a significant part of the community right now and feels it is necessary, to listen to ideas and suggestions that the Elected Officials and the Public have. Mr. Martin said his commitment was not to sign any ROD before talking to the City first.
Peggy Williams commented that she is interested to see if Mr. Martin’s regular visits will facilitate anything.
Robin Benson welcomed Jim Martin and stated her concern was with the need for better communication so we are not always going over the same things and can move forward. Mrs. Benson also stated she would like to turn the media back around from a town that is dying to a town that is flourishing. Mrs. Benson stated that was her vision for the future.
Jim Martin stated that as they near the finish of their work here that one of their responsibilities will be to help with communication that would express their work being done and that Libby is a safe place to live.
DC Orr stated he shared all the same concerns. Mr. Orr stated we haven’t been given a clear idea of what the Institutional Controls will be and the O & M. Mr. Orr stated that we will be saddled with them and in turn will have to saddle the tax payers with them. Mr. Orr stated he did not want to be the guy that does that when it turns out bad. Mr. Orr stated he has the same concerns with communications and has asked repeatedly about the O & M and everyone mentions some fund they have and we know that fund isn’t enough or realistic. Mr. Orr said we have estimates of what the O & M costs will be and it doesn’t seem well funded. Mr. Orr stated that communication is a real problem and that we have several issues that we just don’t seem to be able to get information to make the decisions we need to make. Mr. Orr brought up the Search and Rescue Building and stated asbestos has been found in the building but the people at Search and Rescue tell him that the EPA says there is none. Mr. Orr feels that we can’t move forward without a toxicity and risk assessment study being done.
Mr. Martin stated he understood all of Mr. Orr sentiments. Mr. Martin stated that developing the answers that are deserved is an enormous, complex and time consuming job. Mr. Martin stated they were commented to getting the answers needed, but there was nothing he could do to make it move any faster other than to make sure it stays on track. Mr. Martin stated the figures he has seen show that the EPA clean-up has dramatically reduced the health risks to the people of Libby.
Vicky Lawrence thanked the EPA & taxpayers for helping to prevent Libby from becoming a ghost town.
Carol Campbell of the EPA wanted the council to know that the ROD is never final and that every few years if things change so will the ROD.
Gordon Sullivan wanted to know about the financial obligation to the home owners once EPA leaves.
Jim Martin commented that they are not planning Institutional Controls in individual homes.
Mr. Sullivan asked what if he wanted to demolish his home, would it be his responsibility to remove the asbestos the EPA chose to leave.
Jim Martin stated there are funds to help at this time.
Mike Cirian stated that the EPA can help with the demo at this time.
Duane Williams asked if something causes a breach in the homes that were not cleaned up would the homeowners insurance cover it.
Mike Cirian said he could not answer that.
Meeting was adjourned at 7:25pm.
_______________________ Attest; ________________________
Mayor Doug Roll Glena L. Hook, City Clerk-Treasurer
THE 1340TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, DECEMBER 6, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS
CALL TO ORDER
The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Administrator Jim Hammons, City Attorney Heather McDougall and City Clerk-Treasurer Glena L. Hook, were also present
Robert Mast of the Libby Amish Church offered prayer.
Mr. Orr made a motion to approve two Public Hearing Minutes from November 15, 2010, Regular Meeting minutes from November 15, 2010, Special Meeting November 16, 2010, and Special Meeting November 18, 2010.
Mrs. Lawrence seconded the motion.
Mrs. Lawrence stated she was not present at the November 18th council meeting.
Mr. Orr stated he made a motion on the 18th and the mayor would not allow it to go forward and wanted to know why it was not in the minutes.
Clerk Hook stated that there was no second and the motion was dismissed denied so she did not put it on the minutes.
Mr. Orr wanted the motion on the minutes.
Mayor Roll said he would like to look at the video before the minutes were changed.
Motion Passed
ANNOUNCEMENTS
Mayor Roll announced that there are Elderly and Disabled citizens in the City of Libby that need help with snow removal. The Mayor asked if there were any organizations in town that would be willing to help.
Mayor Roll announced that the EPA will meet with the city on Monday, December 13, 2010 @ 6:00pm.
COMMITTEE REPORTS
Cemetery/Parks; None
Fire; Chief Wood stated that for the month of November there were 5 city calls, 3 rural and 2 out of district. Chief Wood stated the total calls through November were 87. Mr. Orr announced he would be having a Fire Committee Meeting in the next couple of weeks about the Fire Sprinklers. Mayor Roll stated that Jim Hammons was looking into how we could make up the $15,000 in revenues we would lose if we quit billing for the Fire Sprinklers.
Resolutions/Ordinances; None
Personnel; Mr. Bischoff stated that the Personnel Committee were meeting on Thursday concerning a Personnel issue.
Building; None
Finance; Mrs. Hook stated that she was reconciled for the month of October and that she had put the reconciliation sheets and budgets in the council packets.
Water/Sewer; Mrs. Benson stated that they would be having a water and sewer committee meeting tomorrow concerning the grinder pumps at the Cabinet Heights Project.
Budget/Finance; None
Police; Chief Smith stated there were 283 case reports drawn, 57 citations, 20 snow removal citations and 51 arrests in the month of November 2010.
Lights/Streets/Sidewalks; Mrs. Desch report that she has been looking into lighting in the back parking lot of the City Hall. Mrs. Desch said she was told that Flathead Electric had poles for us but in checking the poles have been sold. Mrs. Desch is checking into other aspects at this time. Mayor Roll stated the city actually owned the poles. Mrs. Desch reported that two of the poles had been promised to the city and she would look into it further. Mayor Roll said they were looking at putting in a couple of flood lights until poles could be found.
City Administrators Report; City Administrator Jim Hammons said he had spoke with Ryan Jones of Morrison-Maierle and the Flower Creek Dam report should be done in January and then would be sent to DNRC and then we would hear what needed to be done.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
There was no public comment
UNFINISHED BUSINESS
NEW BUSINESS
Variance, KC’s Kritters Daycare;
Mrs. Lawrence made a motion to approve the variance for KC Kritters Daycare with the stipulation that the variance does not transfer with business or property.
Mrs. Benson seconded the motion.
Motion Passed
City Attorney Appointment; Mayor Roll announced that Jim Reintsma has accepted the offer of Libby City Attorney and would like to appoint him. Mayor Roll asked the council for a motion to accept Mr. Reintsma as City Attorney.
Mrs. Williams made a motion to accept Mr. Reintsma as City Attorney.
Mrs. Lawrence seconded the motion.
Motion Passed
Mt. Float Loan; Jim Hammons stated that Keith Kinden of Mt. Float came in to talk to him and said that things were not working out real well with the business and that as soon as he had the money he would come in to pay. Mrs. Hook stated that the Mt. Float loan was almost 3 months in the rears. The council decided to have Mr. Hammons write a letter to Mr. Kinden and give him 30 days to pay and if he does not have him come before the council on the 2nd meeting of January 2011.
Kootenai Paving Loan; Mr. Orr wanted to know why we couldn’t make the same deal with Kootenai Paving as we did with the Cabinet Heights Project. Mayor Roll stated that Kootenai Paving did not do the paving on the Cabinet Heights Project and only furnished the asphalt and machine and donated the man to run it with the Counties help. Mayor Roll said Kootenai Paving was not interested in doing the same deal as the Cabinet Heights Project.
Mr. Bischoff made a motion to allow $19,134.53 of in kind services to go to the Kootenai Paving Loan owned to the City of Libby from the bill for the paving at 6th and Main.
Mr. Orr seconded the motion.
After more discussion the motion passed.
Mr. Orr voted against the motion.
COUNCIL ACTION/DISCUSSION
Mr. Orr made a motion to approve payroll and claims for November 2010.
Mrs. Williams seconded the motion.
Mr. Orr stated he had some questions on the sidewalk claim. Mr. Orr said the claim said something about a change in the bid and wanted to know what it was for and if the original bid for the sidewalks had already been paid. Mayor Roll said that the original bill had been paid but there was an extra 163 feet of curb that was put in front of the library.
Motion Passed
2010-2011 Business Licenses; Mrs. Williams made a motion to approve the Business Licenses received to date, except for the following, Helping Center, Gun Room, Risky Business dba Crosscut Casino, Westmont Enterprises and Circle Therapeutics.
Mrs. Desch seconded the motion.
The Business Licenses that were pulled needed further investigation before approval per council. The council also decided to make some changes to the Business License Application, they are as follows; Change Business Address to; Physical Address of Business, change Type of Business to; Description of products or services provided.
ADJOURNMENT
Meeting was adjourned at 7:50 pm.
_________________________ Attest; ______________________________
Mayor Doug Roll City Clerk-Treasurer, Glena L. Hook
SPECIAL COUNCIL MEETING DECEMBER 7, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL
The meeting was called to order at 6:00pm by Mayor Roll who led the Pledge of Allegiance. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena Hook were also present.
Mayor Roll announced that the meeting was concerning the Business License status for the Helping Center. Mayor Roll stated after review, it has come to our attention that the Helping Center is a Medical Marijuana Provider. Mayor Roll stated that by the City of Libby’s Business License Ordinance the Helping Center is in violation of Federal law. Mayor Roll stated that the city’s ordinance on business licenses says that the city will not license any business, trade etc that is prohibited by any law of the United States and marijuana is prohibited under Federal Law.
The spokesperson, Mr. Moore, for the Helping Center spoke to the council about their business license and stated the Federal Government has stated that they will not prosecute Medical Marijuana. There was a discussion between the council and the Helping Center about the issue.
Mr. Bischoff made a motion to suspend the Helping Centers Business License to take effect in 60 days, giving the Helping Center time to find other accommodations.
Mrs. Lawrence seconded the motion.
Motion Passed
______________________
Mayor Doug Roll
Attest;
______________________
City Clerk-Treasurer Glena Hook
SPECIAL COUNCIL MEETING DECEMBER 13, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL
The meeting was called to order at 6:00pm by Mayor Roll. Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch, Mr. Orr and Mr. Bischoff were present. City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.
Ryan Jones from Morrison-Maierle spoke to the council and stated that the funding from Rural Development was in place for the Waste Water Project and asked the council for payment for the work Morrison-Maierle has done for the Waste Water Project before the end of the year.
Mr. Bischoff made a motion to pay Morrison-Maierle for their work on the Waste Water Plant Project out of the Economic Development Funds and pay back the Economic Development Fund when funds are received from Rural Development.
Mr. Orr seconded the motion.
Motion Passed
Grinder Pumps at the Cabinet Heights Project; Robin Benson spoke for the sewer/water committee and stated their recommendation was to make the maintenance of the grinder pumps at the Cabinet Heights Project be the responsibility of the home owners. That the city would purchase a pump to keep on hand as a loaner if needed while the home owners pump is being repaired. The city would make information available to the owners of licensed plumbers in the area. The committee would like the city to recommend the home owners to have annual inspections of the grinder pumps.
Mrs. Lawrence made a motion to accept the recommendation of the Water/Sewer Committee.
Mr. Bischoff seconded the motion.
Motion Passed
Meeting ended at 7:15pm
_______________________ Attest; ________________________
Mayor Doug Roll Glena L. Hook, City Clerk-Treasurer
SPECIAL COUNCIL MEETING DECEMBER 13, 2010 @ 6:15PM IN THE COUNCIL CHAMBERS @ CITY HALL
The meeting was called to order at 6:22pm by Mayor Roll. Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch, Mr. Orr and Mr. Bischoff were present. City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.
Rebecca Thomas of the EPA presented a Draft OU1 Remedial Action Plan to the Mayor and Council. Rebecca Thomas asked the mayor and council if they wanted to include the railroad spur. The mayor and council agreed that they wanted to keep the railroad spur. Mayor Roll explained to the EPA that their plan did not coordinate with the city’s park plans and stated that the city needed their plan to be engineered first and then the EPA should come out with a plan that would fit the best with the City’s Engineered Park Plan. Rebecca Thomas stated she could not give an answer tonight as to whether the EPA could do that. Mayor Roll stated that he would like to see the EPA help with the RFP and in the long run it would save the EPA money if they worked with the city on their plan. The council agreed that an engineering plan was needed for the Park (OU1). Mr. Orr stated that he would like to see the results from the Search and Rescue building testing.
The meeting was adjourned at 7:37pm.
_______________________ Attest; ________________________
Mayor Doug Roll Glena L. Hook, City Clerk-Treasurer
APPROVED
SPECIAL COUNCIL MEETING CABINET HEIGHTS PROJECT TUESDAY, DECEMBER 14, 2010 @ 6:00PM IN THE PONDEROSA ROOM AT CITY HALL
The meeting was opened by Mayor Doug Roll at 6:05 pm. Mr. Orr, Mr. Bischoff, Mrs. Desch, Mrs. Williams, Mrs. Lawrence, and Mrs. Benson were present. Mayor Roll addressed the audience with a statement that this meeting was for people to come up and state to the council their issues with the Cabinet Heights Sewer Project. Mayor Roll explained to the residents that there is a year warranty on the project.
Scott Thompson, 1011 Main Avenue told the council that he was there to represent his father Fred Thompson, who was ill and could not attend. Mr. Thompson went on to say that Edstrom Construction had done around $6,000 worth of damage in their trailer park. He said his father had sent a bill to Edstrom, and to the city. He said he spoke with Jim Hammons, and he said “He would take care of it”. Edstrom did not seed the areas that were disturbed by the construction. Thompson’s claim they seeded 38,000 square ft. of their property. Mr. Thompson also was displeased with the grinder pumps, and the power to supply them. He was upset that it was not all gravity feed to the main.
Mr. Hammons noted that the bill from Fred Thompson was given to Ryan Jones of Morrison-Maierle and sent to Edstrom Construction. Mr. Jones also stated that the bill was sent to Edstrom and turned into their insurance company. Mr. Jones went on to say that we still have their bond of 1.7 million and if a settlement can not be reached between
Edstrom and Mr. Thompson, we could turn the claim over to Bonding Agency. Mr. Jones also mentioned that a lot of the issues at Cabinet Heights should be documented and turned in to the city to have for the warranty walk through next year.
Mike Carter, 667 Cabinet Heights brought up an issue with his sewer clean out. He said that the area around the clean out has sunk almost 2 feet. He was concerned that it could keep sinking and cause more damage to the line and drainage problems. Mr. Jones said that he will look at it as requested by the Mayor.
Cathy Jenkins, 118 Scenery Rd is also having an issue with sinking. She said that the area around her grinder pump is sinking. Also she has some damage to her landscaping and trees. Ms. Jenkins said she was constantly asking them (Edstrom) for grass seed. They brought a small amount to her to share with her neighbor. She claims that Edstrom also made a mess of her driveway. She asked them to bring in a load of gravel for letting them use her driveway and they replied that they already have brought in $1300 worth of gravel, and she should be happy with that. She also claims she repaired things with her own money.
Mike Klaesson, 583 Cabinet Heights Rd. told the council his biggest problem is the smell of “sewer gas”. He stated that he never had that problem before. He would like to have his yard repaired where his line is buried, because it is settling and he has plywood over it. Mr. Klaesson mentioned the problem with snowplowing up in the Cabinet Heights area also.
Wendy Berry, 150 Scenery Rd. mentioned that the line to the grinder pump next to her driveway is sinking, and she has a problem with an area in her driveway that is sinking. They have tried to fix it but it is still not fixed. She also has a problem with the snowplowing. Ms. Berry said they were promised before they were annexed that they would have as good or better service from the city as they did with the county.
Vicky Randall, 254 Cabinet View Country Club Rd. said her complaints were the same one she had addressed in a letter to the council in September. She claims that she had to use lots of water to keep her grass green and the road dust free. Ms. Randall also stated that she had her carpets ruined from tracking in asphalt, and that it cost her $1000 for cleaning and replacement. She had to clean rocks up in her yard, because she was told that Edstrom was leaving town and that if you want it done, you will have to do it yourself. There is still tar on her vehicle that she has not cleaned yet because she wants to know if she can get the cleaning paid for. She also mentioned that Nick Rewerts had spoken to Mr. Hammons and that he told Mr. Rewerts that any issues they have would have to go directly to the contractor. Mr. Hammons statement was that he told Mr. Rewerts that if there were any issues that they had to document them. If they had a broken sprinkler head and they wanted to be reimbursed for it that it should be wrote down now. It will be hard to get reimbursement if it is not documented. Ms. Randall said that Mr. Rewerts was told he could set up a payment plan and that the minimum was $50 a month. Mr. Hammons said that he told Mr. Rewerts that he could make payments or pay the full amount for the hookup fee, but he did not know if there was a set minimum for payment plan per month. Ms. Randall was upset that she has to pay a hookup fee. She claims she was told in the beginning there would be no hookup fee. When she was told there would be hookup fees, she was told that they could make payments and that the city would work with them.
Rich Hutter, 59 Highwood Dr. also had an issue with the smell of sewer gas. It was mentioned by other people in attendance that there were other homes in the area that had the same issues with sewer gas smell.
Barbara Rucker, 253 Scenery Rd. did not have any complaints other than her septic tank after it was filled with sand, started to sink. Also she said she had a vacant lot that she wanted to have stubbed off for sewer, and would have been glad to pay to $500 fee. She claims Edstrom did not stub her vacant lot off for sewer.
Terry Kelly 163 Scenery Rd. said she did not have any issues with the sewer, they had a private contractor do their work because of some changes they wanted to their water hookup. She did say that they did not receive a sign off sheet for the work in their yard.
There was discussion that followed about whether the new asphalt would be chip sealed in the spring, and could the retainage money held out on the final payment be used to help off set the cost for the hookup fee. Mayor Roll commented that the retainage could not be used for that purpose. Mr. Jones stated that most of the issues that were brought up could be covered with the bond. Mayor Roll said the grass seeding and yards settling were issues that will be address in the spring. He also commented that the city is not backing off on the construction issue.
The documentation issue was mentioned again, and Mr. Jones address the audience with what would be helpful for them to do if they have issues to be resolved in the future. He stated that any photo, and receipts documented with dates and costs would help in getting their issues paid for through the bonding company. Mr. Jones told everyone that had issues to submit any bills or documentation to Mr. Hammons who would send them to him to give to Edstrom.
The grinder pump issue was also brought up by many in attendance. They claimed that, the city was going to take responsibility of the grinder pumps. The Mayor stated that the city was going to look into the possibility of being responsible for the grinder pumps. The council voted on Monday night not to take on the responsibility.
Mr. Jones said the one year warranty walk through has been scheduled for July 15, 2011. At that time they will fix anything that is a warranty issue. There was a comment made by someone, that does this only apply to the people that have not signed off on the project. Mr. Jones stated “NO” that it applies to everyone with a warranty issue. He also mentioned that we have to follow the proper procedure with the contractual agreement and that we have to give Edstrom a chance to make it right. But if they don’t then we have the 1.69 million bond.
A comment was made that “what do you want us to do, start a list and turn it in?’. Mayor Roll said yes, that’s why we are here tonight is for folks to compile a list of issues related to the construction of the sewer project, and get them turned in to the city.
Councilperson Robin Benson, made an apology to the residence, for the meeting coming so late in the year, but noted that the warranty is still in place for most of the issues discussed. She also asked if everyone was clear on the issues, and what would be the next step in correcting these issues.
Mr. Jones gave another over view of how the one year warranty procedure works, and that everyone should write down their issues like yards sinking, grass seeding, etc, and submit them to the city. The walk trough will be July 15, 2011, and those issues will be addressed then. Mr. Jones said it is important to write these things down, that way when the burden of proof becomes an issue it will be documented.
Meeting ended at 7:15pm.
The meeting was adjourned at 7:37pm.
_______________________ Attest; ________________________
Mayor Doug Roll City Administrator, Jim Hammons