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HomeMy WebLinkAboutCity Council Packet 06.22.2021 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, JUNE 22, 2021 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R21-48 NEXT ORD. NO. O21-04 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an agenda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will att end the Laurel City Council meetings often. Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of May 25, 2021. Correspondence 2. Fire Monthly Report - May 2021 3. Ambulance Monthly Report - May 2021 4. Police Monthly Report - May 2021 5. Building Department Monthly Report - May 2021 6. Re-appointment of Jonathan Klasna to the Laurel City/County Planning Board Letter. 7. Laurel Airport Authority Minutes of May 4, 2021. Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 8. Claims entered through June 18, 2021. 9. Approval of Payroll Register for PPE 5/30/2021 totaling $202,116.20. 10. Approval of Payroll Register for PPED 6/13/2021 totaling $197,219.20. 11. Clerk/Treasurer Financial Statements for the month of September 2020. 12. Clerk/Treasurer Financial Statements for the month of October 2020. 13. Council Workshop Minutes of August 18, 2020. 14. Council Workshop Minutes of September 1, 2020. 15. Council Workshop Minutes of February 16, 2021. 16. Council Workshop Minutes of April 20, 2021. 17. Council Workshop Minutes of May 4, 2021. 1 18. Council Workshop Minutes of May 18, 2021. Ceremonial Calendar Reports of Boards and Commissions 19. Budget/Finance Committee Minutes of May 11, 2021. 20. Budget/Finance Committee Minutes of May 25, 2021. 21. Budget/Finance Committee Minutes of June 8, 2021. 22. Tree Board Minutes of May 2, 2021. 23. Emergency Services Committee Minutes of March 29, 2021. 24. Emergency Services Committee Minutes of May 24, 2021. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 25. Appointment of Karl Dan Koch to the City/County Planning Board for a two-year term ending 6/30/2023. 26. Appointment of Roger Geise to the City/County Planning Board for a two-year term ending 6/30/2023. 27. Appointment of Richard Klose to the Cemetery Commission for a two-year term ending 6/30/2023. 28. Appointment of David Gauslow to the Cemetery Commission for a two-year term ending 6/30/203. 29. Appointment of Jim Irwin to the Emergency Services Committee. 30. Appointment of Kate Manely to the Library Board for a five-year term ending 6/30/2026. 31. Appointment of Paul Kober to the Park Board for a remainder of a four-year term ending 12/31/2022. 32. Appointment of Walter Widdis to the Tree Board for a three-year term ending 6/30/2024. 33. Appointment of Paul Kober to the Tree Board for a three-year term ending 6/301/204. 34. Resolution No. R21-48: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Green Technology Solutions To Provide Electronics Recycling Drop Off Bins And Related Services At The City’s Container Site. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcement s. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 2 File Attachments for Item: 1. Approval of Minutes of May 25, 2021. 3 4 5 6 7 File Attachments for Item: 2. Fire Monthly Report - May 2021 8 9 File Attachments for Item: 3. Ambulance Monthly Report - May 2021 10 11 12 13 File Attachments for Item: 4. Police Monthly Report - May 2021 14 Page 1 of 5 Total Calls Printed on June 1, 2021 [CFS Date/Time] is between '2021-04-26 00:00' and '2021-05-24 23:59' and [Primary Incident Code->Code : Description] All Code : Description Totals 10-15 : With Prisoner 0 0 : Abandoned Vehicle 2 2 : Agency Assist 60 60 : Alarm - Burglary 14 14 : Alarm - Fire 5 5 AMB : Ambulance 83 83 : Animal Complaint 11 11 : Area Check 7 7 : Assault 1 1 : Bad Checks 0 0 : Barking Dog 4 4 : Bomb Threat 0 0 : Burglary 0 0 : Child Abuse/Neglect 5 5 : Civil Complaint 13 13 : Counterfeiting 0 0 : Criminal Mischief 7 7 15 Page 2 of 5 Code : Description Totals : Criminal Trespass 8 8 : Cruelty to Animals 2 2 : Curfew Violation 9 9 : Discharge Firearm 1 1 : Disorderly Conduct 10 10 : Dog at Large 24 24 : Dog Bite 0 0 DUI : DUI Driver 15 15 : Duplicate Call 2 2 : Escape 0 0 : Family Disturbance 13 13 : Fight 5 5 FIRE : Fire or Smoke 12 12 : Fireworks 0 0 : Forgery 0 0 : Found Property 7 7 : Fraud 1 1 : Harassment 3 3 : Hit & Run 6 6 : Identity Theft 1 1 : Indecent Exposure 0 0 16 Page 3 of 5 Code : Description Totals : Insecure Premises 2 2 : Intoxicated Pedestrian 4 4 : Kidnapping 0 0 : Littering 2 2 : Loitering 1 1 : Lost or Stray Animal 16 16 : Lost Property 5 5 : Mental Health 7 7 : Missing Person 3 3 : Noise Complaint 3 3 : Open Container 0 0 : Order of Protection Violation 3 3 : Parking Complaint 17 17 : Possession of Alcohol 0 0 : Possession of Drugs 2 2 : Possession of Tobacco 0 0 : Privacy in Communications 2 2 : Prowler 0 0 : Public Assist 70 70 : Public Safety Complaint 4 4 : Public Works Call 16 16 17 Page 4 of 5 Code : Description Totals : Report Not Needed 0 0 : Robbery 0 0 : Runaway Juvenile 1 1 : Sexual Assault 0 0 : Suicide 1 1 : Suicide - Attempt 1 1 : Suicide - Threat 4 4 : Suspicious Activity 100 100 : Suspicious Person 9 9 : Theft 22 22 : Threats 7 7 : Tow Call 0 0 : Traffic Accident 15 15 : Traffic Hazard 4 4 : Traffic Incident 26 26 : TRO Violation 1 1 : Truancy 0 0 T/S : Traffic Stop 118 118 : Unattended Death 0 0 : Unknown - Converted 0 0 : Unlawful Transactions w/Minors 0 0 18 Page 5 of 5 Code : Description Totals : Unlawful Use of Motor Vehicle 1 1 : Vicious Dog 4 4 : Warrant 17 17 : Welfare Check 13 13 Totals 832 832 19 File Attachments for Item: 5. Building Department Monthly Report - May 2021 20 21 File Attachments for Item: 6. Re-appointment of Jonathan Klasna to the Laurel City/County Planning Board Letter. 22 23 File Attachments for Item: 7. Laurel Airport Authority Minutes of May 4, 2021. 24 MINUTES LAUREL AIRPORT AUTHORITY SPECIAL BOARD MEETING Tuesday, May 04, 2021 A Laurel Airport Authority Board meeting was held in the Airport Pilot’s Lounge and called to order by Chairman Randy Hand at 19:00. This meeting was called due to lack of quorum at the previously scheduled April meeting. BOARD MEMBERS PRESENT: ☐      Randy Hand, Chairman ☐      Brock Williams ☐      Will Metz OTHERS PRESENT: None 1.New Business a.Approval of Non Primary Entitlement Transfer to Baker.Motion to approve made by Brock, Seconded by Will. Passed unanimously. b.Planning Engineer Selection. The board filled out the selection rating sheet. Randy will submit to Joe Nye @ FAA. c.FAA Single Audit. We are looking for an accountant to do this. 2.Old Business a.Fly-in. The fly-in has been postponed due to board member and volunteer availability. Other dates will be considered for a future fly-in. 25 3.Public Input Citizens may address the board regarding any item of business not on the agenda. The duration for an individual speaking under Public Comment is limited to three minutes. While all comments are welcome, the board will not take action on any item not on the agenda. a.none 4.Other Items none 5.Announcements a.none The meeting was adjourned at 19:30. Respectfully submitted, Brock Williams Secretary NOTE: This meeting is open to the public. This meeting is for information and discussion of listed agenda items. 26 File Attachments for Item: 13. Council Workshop Minutes of August 18, 2020. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 File Attachments for Item: 14. Council Workshop Minutes of September 1, 2020. 70 7 1 7 2 7 3 7 4 7 5 7 6 7 7 7 8 7 9 8 0 8 1 8 2 8 3 8 4 8 5 8 6 8 7 8 8 8 9 9 0 9 1 9 2 9 3 9 4 9 5 9 6 9 7 9 8 9 9 1 0 0 1 0 1 1 0 2 1 0 3 1 0 4 1 0 5 1 0 6 1 0 7 1 0 8 1 0 9 1 1 0 1 1 1 1 1 2 1 1 3 1 1 4 1 1 5 1 1 6 1 1 7 1 1 8 1 1 9 1 2 0 1 2 1 1 2 2 1 2 3 1 2 4 1 2 5 1 2 6 1 2 7 1 2 8 File Attachments for Item: 15. Council Workshop Minutes of February 16, 2021. 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 File Attachments for Item: 16. Council Workshop Minutes of April 20, 2021. 155 1 5 6 1 5 7 1 5 8 1 5 9 1 6 0 1 6 1 File Attachments for Item: 17. Council Workshop Minutes of May 4, 2021. 162 1 6 3 1 6 4 1 6 5 1 6 6 File Attachments for Item: 18. Council Workshop Minutes of May 18, 2021. 167 1 6 8 1 6 9 1 7 0 1 7 1 1 7 2 1 7 3 1 7 4 1 7 5 1 7 6 File Attachments for Item: 19. Budget/Finance Committee Minutes of May 11, 2021. 177 1 7 8 1 7 9 File Attachments for Item: 20. Budget/Finance Committee Minutes of May 25, 2021. 180 Minutes of City of Laurel Budget/Finance Committee Tuesday, May 25, 2021 Members Present: Scott Stokes Emelie Eaton Bruce McGee Richard Klose Mayor T. C. Nelson Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. General Items 1. Review and Approve purchase requisitions. There were none presented to the committee. 2. Review and recommend approval to Council, Claims entered through 5/21/2021. Scott Stokes had reviewed the Claims Detail report and the check register for accuracy. He had one question about a $1,200 purchase made by the Ambulance Department. It was explained that the purchase was for water bottles to keep moral up for the volunteers. Scot subsequently made a motion to recommend approval of the claims entered through 5/21/2021. Richard Klose seconded the motion, all in favor, motion passed. 3. Review and approve Payroll Register for pay period ending 5/16/2021 totaling $193,827.66. Richard Klose made a motion to recommend approval of this claim totaling $193,827.66. Since the amount matched the register, Bruce McGee seconded the motion, all were in favor and the motion passed. New Business – 4. Pay increase for Police Reserves. Emelie Eaton had recently attended the graduation ceremony for the reserves. It was announced at that time that the Reserves receive $60 twice a year as a stipend for their clothing. Emelie subsequently verified with Bruce McGee, who is a Police Reservist, that sum is correct. She contacted the Chief of Police and acknowledged that this matter was under his purview but that she felt it would be in order to at least allow the committee to discuss whether an increase would be possible in the 2021- 2022 budget. Chief Langve was in attendance at the Budget and Finance meeting and stated that he felt the minimum the Reservists should be receiving should be $75 a month because the Police Officers have stated to him it costs approximately $1,500 to completely outfit themselves. He further stated that if they only received $450 annually (approximately $37.50 monthly) the officers could equip themselves over time and save for a bullet resistant vest. He stated there are currently 14 reservists, which is an abnormally high number. There was general discussion about the status of the reserves. The question was asked of the Mayor that if Chief Langve included such a request in his upcoming budget, would there be opposition to such an increase. The Mayor said he would be willing to talk with the Chief and he could look into the constraints to increasing the Reservists’ stipend. The committee stated it would be willing to back an increase. Old Business – 5. Meal Pay – Drill Pay resolutions. Chair Eaton pointed out that back in November, 2020 Resolutions had been written and submitted to the committee and then reportedly passed on to the City Attorney to have the funds dispersed properly. It was now May and there had been no action on this 181 matter even though the committee had been told it would be finalized in April. The Mayor stated he had not been able to speak with the City Attorney. 6. Update from Mayor regarding Cemetery Parking Lot. Richard Klose from the American Legion stated there was no activity on this matter. A committee member then inquired as to whether the American Legion was planning to put a standard surface on this parking lot or if it would be surfaced something like the handicapped parking lot next to the high school bleachers in Thompson Park. Richard Klose stated the Legion intended to give the cemetery parking lot a standard surface coverage. Other Items – 7. Review Comp Overtime Report from PPE 5/16/2021. Everything looked to be in order. A question was asked regarding a new item on the police reports from the FRA (Federal Railroad Administration). 8. Clerk Treasurer Update – not in attendance, no update available. 9. Mayor Update – A. The Mayor stated he would be speaking to Department Heads individually again this year regarding perceived needs. B. The Mayor stated the City is looking into purchasing a new vehicle for City employees to use to travel to conventions or seminars. He stated the need arose because the City vehicle currently available is not precisely road worthy and there is a lack of rental cars or if there are vehicle available it is cost prohibitive. Scot Stokes abstained from further on record discussion since it was mentioned that the City was looking into purchasing a Ford Escape which Scot had knowledge of. C. The Mayor stated the City would be looking at repairing Vehicle 7 which had sustained $38,000 in damages. The question was asked why the insurance company had not totaled the vehicle. There was discussion on repair versus replacement of this police vehicle. D. The Mayor stated the Fire Department was looking to purchase two vehicles. They have abandoned purchasing an F350 as none can be found and are looking at an F250. The Mayor stated that the Motel 6 being built by Walmart will be 4 stories and it is important to get a ladder truck. E. The Mayor stated he was anxious to get KLJ working on developing a CIP master plan. Not only would it help with annual Departmental requests for big ticket items but it is needed to qualify for most grants. Announcements – 10. The next Budget and Finance meeting will be held on June 8, 2021 at 5:30 p.m. 11. Bruce McGee will be reviewing the claims for the next Budget & Finance meeting. The Chair reviewed the schedule that had been printed as part of the May 11, 2021 minutes and stated it would be reprinted for everyone’s convenience in these minutes. 6/8/2021 Bruce McGee 6/22/2021 Emelie Eaton 7/6/2021 Richard Klose 7/20/2021 Scott Stokes 8/10/2021 Emelie Eaton 8/24/2021 Scot Stokes 9/14/2021 Richard Klose 9/28/2021 Bruce McGee The meeting was adjourned at 6:16 p.m. Respectfully submitted, Emelie Eaton Budget and Finance Chair 182 NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 183 File Attachments for Item: 21. Budget/Finance Committee Minutes of June 8, 2021. 184 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, JUNE 22, 2021 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R21-48 NEXT ORD. NO. O21-04 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an agenda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will att end the Laurel City Council meetings often. Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of May 25, 2021. Correspondence 2. Fire Monthly Report - May 2021 3. Ambulance Monthly Report - May 2021 4. Police Monthly Report - May 2021 5. Building Department Monthly Report - May 2021 6. Re-appointment of Jonathan Klasna to the Laurel City/County Planning Board Letter. 7. Laurel Airport Authority Minutes of May 4, 2021. Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by r oll call under one motion. 8. Claims entered through June 18, 2021. 9. Approval of Payroll Register for PPE 5/30/2021 totaling $202,116.20. 10. Approval of Payroll Register for PPED 6/13/2021 totaling $197,219.20. 11. Clerk/Treasurer Financial Statements for the month of September 2020. 12. Clerk/Treasurer Financial Statements for the month of October 2020. 13. Council Workshop Minutes of August 18, 2020. 14. Council Workshop Minutes of September 1, 2020. 15. Council Workshop Minutes of February 16, 2021. 16. Council Workshop Minutes of April 20, 2021. 17. Council Workshop Minutes of May 4, 2021. 185 18. Council Workshop Minutes of May 18, 2021. Ceremonial Calendar Reports of Boards and Commissions 19. Budget/Finance Committee Minutes of May 11, 2021. 20. Budget/Finance Committee Minutes of May 25, 2021. 21. Budget/Finance Committee Minutes of June 8, 2021. 22. Tree Board Minutes of May 2, 2021. 23. Emergency Services Committee Minutes of March 29, 2021. 24. Emergency Services Committee Minutes of May 24, 2021. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not o n the agenda. Scheduled Matters 25. Appointment of Karl Dan Koch to the City/County Planning Board for a two-year term ending 6/30/2023. 26. Appointment of Roger Geise to the City/County Planning Board for a two-year term ending 6/30/2023. 27. Appointment of Richard Klose to the Cemetery Commission for a two-year term ending 6/30/2023. 28. Appointment of David Gauslow to the Cemetery Commission for a two-year term ending 6/30/203. 29. Appointment of Jim Irwin to the Emergency Services Committee. 30. Appointment of Kate Manely to the Library Board for a five-year term ending 6/30/2026. 31. Appointment of Paul Kober to the Park Board for a remainder of a four-year term ending 12/31/2022. 32. Appointment of Walter Widdis to the Tree Board for a three-year term ending 6/30/2024. 33. Appointment of Paul Kober to the Tree Board for a three-year term ending 6/301/204. 34. Resolution No. R21-48: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Green Technology Solutions To Provide Electronics Recycling Drop Off Bins And Related Services At The City’s Container Site. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcement s. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify t he City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 186 File Attachments for Item: 22. Tree Board Minutes of May 2, 2021. 187 188 189 File Attachments for Item: 23. Emergency Services Committee Minutes of March 29, 2021. 190 1 9 1 1 9 2 File Attachments for Item: 24. Emergency Services Committee Minutes of May 24, 2021. 193 1 9 4 1 9 5 1 9 6 1 9 7 1 9 8 1 9 9 File Attachments for Item: 25. Appointment of Karl Dan Koch to the City/County Planning Board for a two-year term ending 6/30/2023. 200 2 0 1 File Attachments for Item: 26. Appointment of Roger Geise to the City/County Planning Board for a two-year term ending 6/30/2023. 202 2 0 3 File Attachments for Item: 27. Appointment of Richard Klose to the Cemetery Commission for a two-year term ending 6/30/2023. 204 2 0 5 File Attachments for Item: 28. Appointment of David Gauslow to the Cemetery Commission for a two-year term ending 6/30/203. 206 2 0 7 File Attachments for Item: 29. Appointment of Jim Irwin to the Emergency Services Committee. 208 8 8 0 3 U s H i g h w a y 2 1 2 S L a u r e l , M T 5 9 0 4 4 - 8 7 3 1 D e a r M a y o r N e l s o n , l h a v e r e c e n t l y m o v e d i n t o t h e r e f i n e r y m a n a g e r r o l e a t t h e L a u r e l R e f i n e r y . I a m a n a t i v e M o n t a n a n w i t h a d e s i r e t o b e a n a c t i v e p a r t o f t h e L a u r e l c o m m u n i t y . P a t K i m m e t s p o k e h i g h l y o f t h e E m e r g e n c y S e r v i c e s C o m m i t t e e . l a m w r i t i n g t h i s I e t t e r t o r e q u e s t y o u r c o n s i d e r a t i o n i n a d d i n g m e t o t h i s c o m m i t t e e . F e e l f r e e t o c o n t a c t m e w i t h a n y q u e s t i o n s . S i n c e r e l y , 4 j , , L J i m I r w i n V P R e f i n i n g E n e r g y R P T - L a u r e l ( 4 0 6 ) 6 2 8 - 5 3 7 0 F a r m e r - o v t n e d w i t h g l o b a i c o n n e c t i o r i s 2 0 9 File Attachments for Item: 30. Appointment of Kate Manely to the Library Board for a five-year term ending 6/30/2026. 210 211 212 213 214 File Attachments for Item: 31. Appointment of Paul Kober to the Park Board for a remainder of a four-year term ending 12/31/2022. 215 2 1 6 File Attachments for Item: 32. Appointment of Walter Widdis to the Tree Board for a three-year term ending 6/30/2024. 217 218 File Attachments for Item: 33. Appointment of Paul Kober to the Tree Board for a three-year term ending 6/301/204. 219 2 2 0 File Attachments for Item: 34. Resolution No. R21-48: A Resolution Of The City Council Authorizing The Mayor To Sign A Contract With Green Technology Solutions To Provide Electronics Recycling Drop Off Bins And Related Services At The City’s Container Site. 221 R21-48 Approve Contract Green Technology Solutions RESOLUTION NO. R21-48 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH GREEN TECHNOLOGY SOLUTIONS TO PROVIDE ELECTRONICS RECYLCLING DROP OFF BINS AND RELATED SERVICES AT THE CITY’S CONTAINER SITE. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract (“Contract”) recommended by the Mayor and Staff, is attached hereto and incorporated herein and by adoption of the resolution, hereby approved. Section 2: Adoption and Execution. The Mayor and City Clerk are hereby authorized to execute the Contract on the City’s behalf. Introduced at a regular meeting of the City Council on June 22, 2021, by Council Member ______________. PASSED and APPROVED by the City Council of the City of Laurel, Montana, This 22nd day of June 2021. APPROVED by the Mayor this 22nd day of June 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 222 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 22 day of June 2021, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and Green Technology Solutions, whose address is 350 South Billings Blvd, Suite 2A, Billings, Montana 59101, hereinafter referred to as “Contractor”. SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City enters in this contract with Contractor as an independent contractor to perform for City the services described in the document entitled Official Green Technology Solutions Proposal, which is attached hereto as Exhibit “A” and by this reference made part of this contract. B. Effective Date and Term. This contract is effective upon the date of its execution by both Parties and approval by the City Council. The term of the contract is one (1) year from the date of signing. The parties may extend the contract for additional like terms by mutual agreement, through a signed writing executed by the City’s Mayor and Contractor’s designated representative. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, applicable industry standards, and Exhibit “A.” SECTION TWO CONTRACT PRICE Payment. City agrees to provide Contractor access to and space for placement of a minimum of three and maximum of eight green electronics recycling drop off bins as detailed in Exhibit A. Contractor agrees to pick up full bins as appropriate. Contractor is entitled to all green waste collected in its bins and as further described in Exhibit A. There is no cash payment required for the City or Contractor under this contract. SECTION THREE CITY’S RESPONSIBILITIES City shall provide Contractor access and adequate space at the City’s Container site. Further, City agrees to notify Contractor when pick up is required. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub- contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall maintain all 223 Page 2 of 5 equipment and materials utilized for this contract. Contractor shall supervise and direct the work to the best of his/her ability pursuant to the terms and conditions contained in Exhibit A. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall maintain workers’ compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39 -71-401, MCA. C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor shall be usable and of suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. Contractor has examined the facilities and/or has made an examination/inspection. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. F. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. G. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. H. Contractor is responsible for any loss or damage to materials, tools, work product or other articles used or held for use in the completion or performance of the Contract. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way a rising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. Contractor shall maintain insurance as provided in Exhibit A. 224 Page 3 of 5 SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any ot her remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. 225 Page 4 of 5 SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party’s attorney’s fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This Contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party’s authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. 226 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 22ND DAY OF JUNE 2021. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Thomas C. Nelson, Mayor Anthony Overcast ATTEST: Employer Identification Number ___________________________________ __________________________ Bethany Langve, Clerk/Treasurer 227 Official Green Technology Solutions Proposal Proposal Overview: Green Technology Solutions has approached The City of Laurel about providing electronics recycling drop off bins at the Laurel Container Site. Below is the official GTS offer to the city in regards to bin quantity, bin delivery, bin servicing, etc. Drop Off Bins: The above stated container site will be provided with a minimum of four Green Technology Solutions green electronics recycling drop off bins. GTS can provide additional bins at the site upon request (up to 8 bins per location). An optional vehicle battery recycling pallet is available by request. The dimensions of the bins are 48” x 48” x 48” and have an estimated capacity of 500-1000 pounds of electronics/batteries per bin (estimated between 1,000-2,500 pounds at the site). Each bin has been waterproofed and sealed to ensure that the inside compartment is wind and water resistant. Items Accepted: Below is a brief list of items accepted: 1.Desktops, laptops, servers 2.Keyboards, mice, speakers 3.Flat screen TV’s (plasma, LCD, LED) 4.Flat screen monitors 5.Cords, cables, chargers 6.Cell phones, tablets, other mobile devices 7.Computer parts/misc. parts 8.Old ink/toner 9.Every type of battery (*including vehicle batteries) 10.routers/switches 11.commercial/office equipment 12.Industrial equipment 13.DVD players, VCR’s, Blu-Ray players, etc. 14.Radios, clocks, and other similar devices 228 15.Small kitchen appliances (microwaves, toasters, blenders, etc.) 16.*anything with a cord or batteries that isn’t a CRT or projection TV *for questions on additional items please visit ​www.greenmt.net​ or give us a call at (406) 206-5376 Items Rejected: GTS will not accept any of the following items at the bin: 1.CRT monitors, CRT TV’s, and Projection TV’s a.Due to the EPA and DEQ regulations GTS will be unable to accept any CRT’s for processing at this time. 2.Paint, chemicals, and other hazardous waste 3.Old medications 4.medical/biological waste 5.Bulk scrap metal/large appliances *industrial/misc. commercial equipment is accepted on a case by case basis 6.Devices that contain freon 7.General recyclables such as plastic, paper, cardboard, etc. 8.CFL bulbs and tubes (*LED bulbs and LED tubes are accepted) Bin Delivery: GTS will deliver the recycling bins to the container site for free. The bin delivery dates are dependent on the lead times to build the bins (expect 3 weeks from the initial order date). Electronics Pickups and Fees: GTS will pick up from the container site for free. Once notified, GTS will pick up the contents of each bin within 3 business days. These pickup times are dependent on weather conditions. Who Can Use the Bins: The GTS drop off bins are open to the public during regular business hours of the container site. Due to this service being free, GTS would like the site to be open to both businesses and households at no charge. Liability Insurance/Bin Repairs and Damage: 229 Each GTS bin will be fully insured under the GTS $2 million general liability policy. In the event that a bin is vandalized/damaged GTS will implement all repairs necessary on the next pickup date for free. To Sum it All Up: 1.GTS will provide 4-5 bins at the Laurel Container Site 2.Each bin will be fully insured under the GTS $2 million general liability policy 3.GTS will deliver the bins for free 4.GTS will pick up the contents of the bins for free 5.GTS will maintain/implement all repairs necessary on the bins for free 6.GTS will accept almost every type of electronic device (CRT’s/projection TV’s are not accepted) 7.GTS will accept every type of battery including vehicle batteries Additional Services Provided for Free: GTS is one of the few recyclers that destroys every hard drive we receive. As a result, all hard drives GTS receives at the container site will be securely destroyed for free at our main 350 S Billings Blvd. Suite #2A facility (*includes drives still in desktops, laptops, servers, DVR’s, and satellite boxes) Addition Information: For more information please call (406) 206-5376 or email us at info@greenmt.net 230