HomeMy WebLinkAboutCity Council Minutes 09.20.1994Minutes of the City Council of Laurel
September 20, 1994
A regular meeting of the City Council of the City of Laurel, Montana~ was
held in the Council Chambers and called to order by President of the Council,
Bob Graham at 7:00 p.m.~ on September 20, 1994.
COUNCIL MEMBERS PRESENT:
John Minch
Albert Ehrlick
Lonnie Kellogg
Donna Kilpatrick
Gay Easton
Chuck Dickerson
Ron Marshall
(late)
COUNCIL MEMBERS ABSENT: None
INVOCATION: Invocation was given by Alderman Kellogg.
MINUTES:
Motion by Alderman Marshall to approve the minutes of the regular meeting
of September 6, 1994, as presented~ seconded by Alderman Minch. Motion carried
6--0.
Motion by Alderman Marshall to approve
meeting of September 13, 1994, as presented,
Motion carried 6--0.
the minutes of the special council
seconded by Alderwoman Kilpatrick.
CORRESPONDENCE:
Received a letter of resignation from Sharon Herman, Deputy City Clerk~
announcing her retirement, effective January 31, 1.996.
Motion by Alderwoman Kilpatrick to accept the resignation of Sharon Herman~
Deputy City Clerk~ effective January 31, 1995~ seconded by Alderman Marshall.
Motion carried 6--0.
Bob Graham appointed Cathy Gabrian
Herman, effective December 16, 1994.
23rd, making this appointment.)
as Deputy City Clerk to replace Sharon
(The Mayor wrote a letter on September
Motion by Alderman Marshall to confirm the appointment of Cathy Gabrian as
Deputy City Clerk, effective December 16, 1994, seconded by Alderwoman
Kilpatrick. Motion carried 6--0.
Received a letter from James L. Kaercher, HKM Associates, regarding engineer
selection for the water plant project.
Received a letter from Brian Milne, Interstate Engineering,
engineering services for the water treatment facilities.
Inc., regarding
Received a letter from Jack Roma regarding an easement to his property~
This was referred to the Street and Alley Committee for further study.
Received a letter from Robert Phillips of EmergiCare Inc., regarding emergency
services in the Laurel area.
Received a letter from Patrick Dunlavy,
review of hydrogeological and ground water
landfill.
Chem-Northern, Inc., regarding the
quality data at the Laurel sanitary
Bob asked the council for a motion that would allow the Mayor to enter into a
contract with Chem-Northern to continue this study.
Motion by Alderwoman Kilpatrick to allow the Mayor to enter into a contract
with Chem-Northern to continue this study, seconded by Alderman Easton. Motion
carried 6--0.
Received the August minutes and activity report from the Air Pollution Control
Board.
CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS:
The City Clerk and City Treasurer's financial statements for the month of August
were presented.
Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's
financial statements for the month of August, 1994~ be approved, seconded by
Alderman Marshall. Motion carried 6--0.
Minutes of the City Council of Laurel
Page 2
Council Meeting of September 20, 1994
HOMECOMING PARADE:
Liz Guenthner, representing the LHS Pep
homecoming parade on October 14th. They
year due to congestion by Dairy Queen.
Club, requested permission to hold a
would like to change the route this
The parade would start at 4:30 p.m. and would line up on 7th Avenue, go east on
Main Street to First Avenue and north on First Avenue to the high school.
In regard to a question about the parade route, Mike Atkinson said he sees no
problem with it.
Motion by Alderwoman Kilpatrick to allow the high school to hold their
homecoming parade on October 14th with the above mentioned route, seconded by
Alderman Kellogg. Motion carried 6--0.
LARRY HERMAN - GENERAL COMMENTS:
Larry Herman commented that at the last council meeting, it appeared that Mr.
Dickerson would give public officials less rights than the ordinary citizen. A
public official is entitled to all the same rights as any other citizen. We are
not living in a totalitarian or dictatorial nation where we pay homage to Prince
John. In our society, one may delay payment of property taxes provided that
when they are paid beyond a certain date, interest is paid upon those taxes.
This is a right every person owning property has. There is nothing illegal or
immoral about it and the reasons for delaying payment of taxes are not a matter
of public concern. It might be that one does not have the cash flow or that a
more favorable tax benefit would result from delayed payment or it might be that
one protests the paying of taxes on election day, as a protest to the taxes
levied. There are many who believe that taxes should be paid on election day,
as a protest to higher taxes or to public officials. Whatever the reason, it is
a right we all have and it is no concern to others. Of course, if it goes too
long you loose your property, that is a penalty you pay.
Larry went on to say Mr. Dickerson would have you believe that he doesn't pay
any property taxes. Mr. Dickerson knows very well that this is not true. He
pays real estate taxes on his house and only delayed the payment on his office~
for reasons that are not Mr. Dickerson's concern. This is a right every citizen
has and you will pay interest when they are made. And yes, at times you will
have to confront a narrow minded alderman. Larry stated his taxes are current
and are paid. Since he has held office, he has paid more than $ 20,000.00 in
real property taxes and he will continue to pay taxes and at times~ he may find
it necessary to delay payment on some of them.
Larry said the concern should be whether the public official performs the duties
of his office. When he assumed office~ the court's revenue was between
$ 12,000.00 and $ 15,000.00 a year. The revenue is now in excess of $ 65,000.00
a year. The court maintains a monthly fines receivable in excess of
$ 20~000.00, on which payments are made. When Larry assumed office 12 years
ago, there were no receivables and time payments were seldom allowed. The
number of DUI's filed were less than 12 a year and now the number is approaching
150 a year. When he assumed office, there were no domestic abuse cases or
temporary restraining orders. Now there are at least one or two of these filed
each week and some weeks he has as many as five. There were no minor in
possession charges filed and now we see several each week and on some occasions,
as many as 20 have been filed on a single weekend. Up until a couple of years
ago, there were no civil actions filed. Now civil actions are filed in which
judgments can be entered up to $ 6~000.00. The number of bench trials and jury
trials are 10 times or more than when he assumed office. The office of judge
can not and will not continue to run with the efficiency it has on a salary that
has not seen 1/5 of the cost of living raise over the past 12 years. Something
will have to give and he assures the council that while he is devoted to his
office, his own welfare and that of his clients wii1 have to take greater
priority than they have in the past. In the past, he has placed emphasis upon
his public office to his detriment and to that of his clients. Larry said he
has not taken a vacation from his office in eight years~ in part, because the
city will not budget for a substitute judge. In the future, he plans to take
the vacations he is entitled to.
The city judge is the only official who is required to attend training sessions
two weeks a year and take a test to retain his office. The judge is on call
seven days a week, around the clock. The police often need a search warrant at
two or three in the morning. He is frequently called to the police department
or the county jail to do arraignments and initial appearances. These are
times he is called away from his clients, for which he receives no adequate
compensation. The judge receives a part time salary, but the duties require
full time attention. Laurel city court does as much business as .justice courts
Minutes of the City Council of Laurel
Page 3
Council Heeting of September 20, 1994
in Laurel does not receive half of what a justice of the peace gets and about
15% of what a district court judge receives. Larry said that perhaps all
violations of state law should be filed in justice court and the city court
concern itself with only violations of city ordinances like dog violations and
open container. The revenue would go accordingly but it might compensate the
judge for the time that he puts in. He is not suggesting that, but it could
happen.
The city attorney's salary last year increased, in one year, by more than
$ 3,000.00. That is more than the city judge has seen in the past 12 years.
Larry said he preforms his duties of city judge, even though it takes time from
his law practice, for which he is compensated but a fraction. He spends as much
time, if not more, to perform the functions of his office as the city attorney
who receives $ 21,000.00 and he is underpaid. Larry said he attends to the
business of his public office. It is his understanding that a certain alderman
is often late to the council meetings and pre-council meetings and often misses
the meetings of committees for which he is chairman or a member. Perhaps a
penalty should be attached every time one misses or is late to a council or
committee meeting, for whatever reason? This would not be conducive to good
government, but Larry said that if one wants to toss rocks in the alley, he
should expect rocks to be tossed back. Good government should not be run this
way. It is disruptive and does not serve the public interest.
Larry stated enough has been said, but he thinks he has made his point. If you
want to keep a professional and efficient operation of city court, you are going
to have to pay for it.
Chuck Dickerson arrived at the meeting at 7:17 p.m., just as Larry finished.
At this time, Bob Graham turned the chair over to Ron Marshall.
Bob Graham stated it is not easy to admit that you made a mistake but when he
has made a mistake~ he feels it is his duty to admit it. At the last council
meeting, Bob voted against the ordinance which would give the city judge a raise
in pay. He did so, based on knowledge he gained prior to the council meeting
when talking to citizens of Laurel, not on the fact that Hr. Herman did not pay
his taxes. The tax issue is an elective one~ not one that should be handled by
the council.
After the meeting, Bob said he talked to several different people, including
three of the ones who helped make up his mind previously, and explained the fact
that this was approved through the budget committee and it had been put in the
budget and the city has been paying Mr. Herman on this basis. Bob also
explained to the people that Larry's salary comes from his court proceedings.
Bob said the people then felt that he deserved his salary.
For these reasons, Bob stated he would like to bring up for reconsideration,
Ordinance No. 094-19.
Hotion by Alderman Graham to bring up for reconsideration, Ordinance No.
094-19, seconded by Alderwoman Kilpatrick.
Donna commented that we went through this at budget 'time, the amount was in the
budget and she feels we have to pay this amount.
Ron Marshall commented that he was wrong in voting against the increase since it
was in the budget, but he does fee]. that it is the responsibility of public
officials to keep current on their taxes.
John Minch said he has consistently voted against the pay raise and will do so
again. He does not feel there is anyone who deserves a 26% pay raise.
Albert commented that maybe the police department could use some of that money
since they are the ones writing the tickets.
Donna stated that the comments being made
made when the budgets were being reviewed.
budget time and it is a little late now.
now are the ones that should have been
She stated there were no comments at
Chuck Dickerson said it is a little late now but his intent when bringing it up
was that we, as elected officials~ have to have our own stuff cleaned up before
we can expect the citizens to do so. He doesn't feel /.here is any employee of
the city who should be delinquent on their taxes when a portion of their salary
comes from taxes. If the council feels it is necessary io give the increase and
it was voted on by the budget committee~ that is fine. Chuck thinks the council
should look into drawing up an ordinance requiring all. city employees to be
Minutes of the City Council of Laurel
Page 4
Council Meeting of September 20, 1994
It was stated that since the ordinance to increase the salary was not passed,
the salary of the judge would revert back to the amount listed in the job
description when he filed for the job.
Ron asked for a point of clarification on the ordinance.
Joe Leckie stated that a vote on the second reading of the ordinance can he
done.
A vote was taken on the motion to reconsider Ordinance No. O94-19. There being
a division of the house a roll call vote was taken. Aldermen Ehrlick~ Minch and
Dickerson voted, "NO". Alderwoman KilpatrJck, Aldermen Easton, Graham and
Kellogg voted, "YES". Motion carried 4--3.
Joe Bradley stated that passage of the motion for reconsideration just brings up
the motion that was made at the last meeting. You do not need a new motion.
A vote was going to be taken on the motion and Joe Bradley said it is within the
discretion of the council whether or not they want to open the public hearing
again.
Ron Marshall, as acting President~ reopened the public hearing on Ordinance No.
O94-19.
Joe Bradley said he has lots to say but he will only comment on one thing. He
said Joe Leckie cannot comment now and he could not comment for years because he
worked with Larry but, he can express his opinion now. Joe said you need to
establish a precedent when you do pay your city attorney more than you do your
judge. It is not true~ as Larry said~ that he does as much or more than the
city attorney. Joe said 75% - 80% of what the city judge does in court, the
city attorney has to be a part of.
What doesn't the judge do? Joe said he does not have to attend the council and
committee meetings and he does not have to be available to answer questions for
the police department whenever something comes up. Joe believes the city
attorney puts in far more time than the city judge does, as was the case with
him. In closing~ he feels the council is setting a good precedent if you do pay
the city attorney more than you do the city judge.
L.D. Collins stated he is not against Larry Herman getting a raise but, he
cautioned the council on how they spend the taxpayer, s money. The job of city
judge has yielded other benefits by which he gets to sit in on trials in Red
Lodge and Billings. These courts are paying him to do this while he is still
drawing a salary from us. He stated earlier that the council does not allow him
a vacation because we won't pay for another judge, but this is what he does when
he fills in for others.
L.D. feels the city needs to look into how many times he fills vacancies for
other judges and take this into consideration when figuring his pay.
Larry Herman commented that he does not
he is called in it is per diem and
compensation.
put in for any judges vacations. When
he most generally does not take any
Larry stated the type of hours that are put in by the city judge are different
from the city attorney. He is here every day, sometimes in the morning and
sometimes at noon. Larry said that when the city attorney performs his duties,
it makes his job a lot easier. The year that the city attorney got a $ 3~000.00
increase in pay, the council approved it. That same year~ Larry had to give
back, out of city revenues, $ 6,000.00 in bond refunds for failure of cases to
be prosecuted or cases lost.
Larry said city court made $ 65,000.00 a year with an additional $ 20,000.00 in
time payments. They were raising $ 12,000.00 to $ 15,000.00 when he took over.
Larry said he has not received 1/5 of a percent of the cost of living increases
in 12 years.
Larry said the time he spends here varies from day to day. Revenue in court
comes from him assessing fines, not from tax assessments. At the time he
assumed office, he was paid $ 12~000.00 $ 15,000.00 a year and the revenue
brought in was $ 12,000.00. He feels that he has more than done his job.
Motion by Alderman Graham to close the public hearing, seconded by Alderman
Kellogg. Motion carried 7--0.
Bob Graham said he agrees with Donna that the time to address this issue was at
budget time. He does feel that the council should still have the power to
Minutes of the City Council of Laurel
Page 5
Council Meeting of September 20, 1994
Donna responded to Bob's comment that the budget, is not a committee.
A vote was taken on the original motion of September 6, 1994 which read, "Motion
by Alderman Kellogg that Ordinance No. 094-19 (second reading) be passed and
adopted, seconded by Alderwoman Kilpatrick."
A roll call vote was taken. Aldermen Kellogg, Graham,
Kilpatrick voted, *'YES". Aldermen Dickerson, Minch and
Motion carried 4--3.
Easton and Alderwoman
Ehrlick voted, "NO".
At this time, Bob Graham returned to chair the meeting.
REVIEW OF THOMAE LUMBER LOADING ZONE:
Don Hackmann stated that last year the council wanted to review this on an
annual basis. He put it on the agenda and mailed an agenda and a copy' of last
year's minutes to Thomae Lumber.
No one was present from Thomae Lumber.
Ron asked Mike Atkinson if the police department has received any complaints.
Mike said they have received two and they were more inquiries about how Thomae
can do this, rather than actual complaints about something specific. Mike
explained that it was passed at council and they had permission to do it that
way and they had no argument with that.
Lonnie Kellogg said he feels it is fine 'that they unload on Washington Avenue,
but he does not feel they should be doing it on Main Street. He said he has
received several phone calls about it.
Bob read the minutes of the Street and Alley Committee as of
The council granted them a loading zone on Washington Avenue
the alley with certain restrictions.
September 16, 1993,
from Main Street to
It was stated that Thomae could not get permission from the State Highway
Department to unload on Main Street.
L. D. Collins commented that the loading zone is on the west side of Washington
Avenue only. The state would not give them a loading zone on Main Street and
said that if there is a problem, they would take care of it at that time. The
only thing the council can consider is the west side of Washington, from Main
Street to the alley.
More discussion and Mike Atkinson said that when this first came about, he
talked to the regional supervisor of the State Highway Department. He said they
would not prohibit Thomae from unloading but, they want the police department to
be a gathering center for any complaints. If the department should received
numerous complaints at any one time, they are to refer them to the state and
they will address it.
L.D. Collins said the council can require Thomae to have reflector lights on all
loaders.
More discussion and Gay said he thought the council already required this of
them. It was stated that they never put the lights on the loaders.
It was the consensus of the council to allow them to continue with the loading
zone on Washington Avenue and to review it a year from now.
Motion by Alderman Kellogg to review Thomae Lumber's loading zone in one
year, seconded by Alderman Marshall. Motion carried 7--0.
APPROVE HOUSING PLAN:
Melissa Dickerson, representing Double Tree, stated that at the last council
meeting they distributed flyers for the housing project. She has received a few
comments and minor changes were made. Tonight she is distributing the final
copies and would like council approval of them. These documents will be
included in the application for the housing rehabilitation projects that ~ill be
submitted in October.
Melissa reviewed the changes with the council and said this document is not
binding and the council should keep in mind that it needs to be updated
periodically as the climate in Laurel changes.
Motion by Alderman Easton to accept 'the recommendations from Double Tree
Minutes of the City Council of Laurel
Page 6
Council. Meeting of September 20, 1994
In regard to the Capital Improvements Plan, Melissa said it is a summary of the
public utilities Jn Laurel and she reviewed this with 'the council.
Motion by Alderman Easton to approve the recommendations from Double Tree
for the Capital Improvements Plan, seconded by Alderman Marshall. Motion
carried 7--0.
DISASTER & EMERGENCY SERVICES:
ORDINANCE NO. 094-22 (second reading)
AMENDING SECTION 2.88.020 OF THE LAUREL MUNICIPAL
CODE, FOR DISASTER AND EMERGENCY SERVICES (CIVIL
DEFENSE) IN THE CITY OF LAUREL, MONTANA
Public Hearing: No comments.
Motion by Alderman Marshall to close the public hearing, seconded by
Alderman Ehrlick. Motion carried 7--0.
Motion by Alderman Dickerson that Ordinance No. 094-22 (second reading) be
passed and adopted, seconded by Alderwoman Kilpatrick. A roll call vote was
taken and all aldermen voted, "YES". Motion carried 7--0.
COMMITTEE REPORTS:
--Budget/Finance Committee minutes of September 6, 1994 were presented and
reviewed.
Motion by Alderwoman Kilpatrick to enter
minutes of September 6, 1994, into the record,
Motion carried ?--0.
the Budget/Finance
seconded by Alderman
Committee
Ehrlick.
--City Council Committee of the Whole minutes of September 6, 1994 were
presented.
Motion by Alderman Marshall to enter the City Council Committee of the
Whole minutes of September 6, 1994, into the record, seconded by Alderman Minch.
Motion carried 7--0.
--City-County Planning Board minutes of September 9, 1994 were presented and
reviewed.
The two home occupations were not considered since the applicants were not at
the council meeting.
Motion by Alderwoman Kilpatrick to
minutes of September 9, 1994, into the
Motion carried 7--0.
enter the City-County Planning Board
record, seconded by Alderman Ehrlick.
Chuck Dickerson commented that at the committee meeting, he asked Jim Logan
about the stripping on 12th Street. Jim said he would be happy to come down and
look at it with Dave Michael or someone to see if something could be done.
Bob Graham stated the Planning Board discussed adding a $ 25.00 fee to cover the
cost of administration for home occupations. He would like this put on the
agenda for the next meeting.
The Planning Board discussed vacating streets and alleys and would like the City
Attorney to draw up an ordinance for the next council meeting.
--License Committee minutes of September 7, 1994 were presented and reviewed.
Asphalt Supply is in the process of selling their company
owner of Inoco. The License Committee recommended approval
contingent upon Inoco meeting four conditions.
to Bob Zimmerman,
of this license,
Robert Zimmerman, representing Inoco, reviewed asphalt supply rules for loading
as follows:
Tankers presented for loading must be suitable and safe to load.
Truck motors~ lights~ and radios must be shut off while loading
on or near the plant sight.
Drivers must be out of the cab during all phases of loading.
Check to be sure catwalk is clear before leaving.
Drivers are to stay off loading rack unless summoned up by the loader.
No smoking.
Minutes of the City Council of Laurel
Page 7
Council Meeting of September 20~ 1994
9. Trucks in line to be loaded must shut down {engine, lightsi radios) or
wait at the truck stop until your appointed loading time.
10. Loaders have instructions to immediately stop the loading and billing
process and call a supervisor when any of the above rules have been
violated.
11. You are irt the middle of a residential area. Please be considerate of
residents, their families and pets.
12. A scheduled time for loading will be assigned to you, please adhere to
your schedule, do not bunch up at or near the plant.
Robert said the plant will manufacture MC cutbacks~ AC-20R, which is already
being manufactured their, and emulsions. At some point they would like to look
at putting in a blocking plant. Flying J in Cody~ Wyoming~ which has been shut
down for years, has all the equipment to manufacture blocks for ceilings and
roofs. Robert briefly explained more about this process and what he hopes to do
with it.
Robert read from a list~ the
explained the purpose of each.
in the minute notebook.)
chemicals that they will have at
(This list Js included with the
the plant and
correspondence
Robert stated he is trying to put together the emulsion plant. He would like to
lay the foundation of cement before winter. Next week he is going to Salt Lake
City to meet with engineers who will help him design this plant. He will then
come back and present it to the council. Robert said it will only be four
upright tanks and a couple of silk tanks.
Steve Duganz, representing the Yellowstone County Air Pollution Control Board~
was present to answer any questions the council may have. He attended
License Committee meeting and feels there will be no problems in the area of air
pollution because he will not be using the type of product that was there
before. The product that caused the odor with Asphalt Supply will not be used
anymore because of the council's provisions and the product is not being made
anymore.
In regard to the emulsion product, Steve said Coke Asphalt put up a plant in
Billings in 1985-86 and they use an emulsion. His office has never received a
complaint about it and he anticipates the same foi' this operation. When you get
into roofing materials~ there may be a slight odor, but it is very slight and
cannot be helped.
Steve feels that according to what they are planning to do, there will be no
problems anywhere near what there were before. Because the emissions are so
low~ no permit is required from his office.
John asked what kind of cleaning solvents they will have and how do they plan on
disposing of them?
Robert stated that the only solvents on hand will be used to clean lab
equipment, not the tanks. They will be using an alcohol based cleaner to wipe
down the equipment and the towels will be put in the garbage with the paper
towels and stuff. There is no liquid left over.
Chuck Dickerson stated that he was about 20 minutes late to the License
Committee meeting and he would like the record to show that he was present.
Motion by Alderman Ehrlick to grant a city business license to inoco,
seconded by Alderman Marshall. Motion carried 7--0.
Motion by Alderman Dickerson to enter
September 7, 1994, into the record, seconded
7--0.
the License Committee minutes of
by Alderman Minch. Motion carried
--Parks Committee minutes of September 8, 1994 were presented and reviewed.
Motion by Alderwoman Kilpatrick to enter the Parks Committee minutes of
September 8, 1994, into the record, seconded by Alderman Kellogg. Motion
carried 7--0.
--Public Utilities Committee minutes of September 12, 1994 were presented and
reviewed.
Bill Caton requested an adjustment on his water bill at 405 Yellowstone.
committee recommended not giving Mr. Caton an adjustment.
The
Motion by Alderman Marshall that Bill Caton pay the full amount he was
billed, seconded by Alderman Minch. Motion carried 7--0.
Minutes of the City Council of Laurel
Page 8
Council Meeting of September 20, 1994
Motion by Alderman Marshall to enter the Public Utilities Committee minutes
of September 12, 1994, into the record, seconded by Alderman Ehrlick~ Motion
carried ?--0.
COMMENTS FROM THE AUDIENCE:
Joe Bradley stated he came to the meeting tonight because of Asphalt Supply but
he would like to point out a couple of things.
First, when an alderman sits in as acting chairman of the meeting, you do not
become mayor or get the mayor's powers. All you do is chair the meeting. An
appointment was made tonight and it is a noncontroversial one so there is no
problem but, the acting chairman should not be making appointments. The mayor
can do this in writing.
Joe said the acting chairman is still an alderman even if he is sitting in the
chair and he has the right to comment and vote. Your Ward does not give up the
right to have two aldermen just because you chair the meeting. Keep in mind
that you don't acquire powers of the mayor, you don't appoint people~ you cannot
veto an ordinance, you cannot sign a contract and you cannot hire or fire
someone.
Joe suggested that when you make the motion to reconsider the second reading of
an ordinance, it would have been better to call and get it on the agenda. That
way if someone checked on it, they would know it's being reconsidered and they
could be here. Larry Herman was on the agenda for general comments but that
does not give fair notice, under open meeting laws, to anyone who wants to know
what is going on. Unless you made that decision on very short notice tonight,
you should have called ahead and put it on the agenda.
Joe said his third item was personal. When he spoke about the raise, he does
not recall saying he was against the raise and that Larry did not deserve his
$ 19,000.00. All he said was that a precedent was being established by paying
your city attorney more than your judge. Joe does not feel there was anything
personal in his comments but when Larry stood up and spoke, he made it personal.
Joe stated he did not know if the council caught the slam Larry made but it was
unprofessional and unfair.
Joe said he will defend his record on appeals to district court to anybody.
What some don't realize is that criminal defendants treat Laurel City Court as a
dry run. If they lose here, they get a second chance in district court~ a whole
new trial, back to square one. There were a lot of cases where they put up a
defense here but their defense got a lot better in district court. Joe believes
he won far more cases, after they were appealed, than he ever lost. Joe
commented on Larry's statements, "If the city attorney would do his job, it
would make the judge's a lot easier" and "the year I got that raise, he had to
get $ 6,000.00 back in bonds and fines." Joe said the second statement was
totally irrelevant to what was being discussed and it was unfair and
unprofessional. Joe said he will defend his record in appeal court a~ainst
anyone.
Larry said that if Joe took it personally, he apologized because it was not
intended that way. His intent was to say that at times the judge depends upon
the city attorney to do certain work, it might be to write a brief or to do an
appeal. When the judge gets phone calls from attorneys for various reasons or
their secretaries say they cannot find the city attorney or the attorney did not
show up for a district court, it reflects on our court and our city. Larry said
he feels Joe is very capable and a very competent city attorney but, he doesn't
want to leave the impression that he was satisfied with him at all times,
because he was not. Larry said that if he overstated something, he apologizes
to the council.
Joe Bradley stated that he is a little bit confused.
did not show up for hearing or failed to file a brief
not true.
If Larry is saying that he
in district court, that is
APPOINTMENTS:
Bob Graham stated that Dave Slaymaker would like to be appointed to the Police
Committee and this will be considered at tile next meeting.
MAYOR'S COMMENTS:
A meeting of the Montana League of Cities and Towns will be held in Butte on
October 6th and 7th and Don Hackmann has volunteered to attend.
Minutes of the City Council of Laurel
Page 9
Council Heetin~ of September 20, 1994
Motion by Alderman Dickerson to send Don Hackmann to the Montana League of
Cities and Towns meeting~ October 6th and 7th~ seconded by Alderman Minch.
Motion carried 7--0.
Chuck Dickerson stated he will be late to the meeting tomorrow night with
Morrison & Maierle due to a conflict with work.
There being no further business to come before the council at this time,
meeting was adjourned at 8:20 p.m.
Donald L. Hackmann, City Clerk
the
Approved by the )layor and passed by the City Council of the city of Laurel,
Montana, this 4th day of October, 1994.
Charles Rodger~, ~yor