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HomeMy WebLinkAboutCity Council Minutes 07.06.2010 MINUTES OF THE CITY COUNCIL OF LAUREL July 6, 2010 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Ken Olson at 6:30 p.m. on July 6, 2010. COUNCIL MEMBERS PRESENT: Emelie Eaton Doug Poehls Mark Mace Chuck Rodgers Chuck Dickerson Alex Wilkins Norm Stamper COUNCIL MEMBERS ABSENT: Kate Hart OTHER STAFF PRESENT: Bill Sheridan Shirley Ewan Sam Painter Jan Faught Kurt Markegard Mayor Olson led the Pledge of Allegiance to the American flag. Mayor Olson asked the council to observe a moment of silence. MINUTES: Motion by Council Member Wilkins to approve the minutes of the regular meeting of June 15, 2010, as presented, seconded by Council Member Rodgers. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Motion by Council Member Rodgers to approve the council minutes of the special (1) meeting of June 29, 2010, as presented, seconded by Council Member Wilkins. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Motion by Council Member Mace to approve the council minutes of the special (2) meeting of June 29, 2010, as presented, seconded by Council Member Poehls. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Motion by Council Member Eaton to approve the council minutes of the special (3) meeting of June 29, 2010, as presented, seconded by Council Member Rodgers. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. CORRESPONDENCE: None. PUBLIC HEARING: • Intent to create SID No. 112 Mayor Olson asked staff to present the issue to the council. Public Works Director Kurt Markegard stated that the project is in conjunction with the State of Montana's improvements on West Main Street from First Avenue to Eighth Avenue. The State of Montana is repaving the road and installing the curb, gutter, and ADA ramps on the corners. The city's contribution would be the sidewalks, and the Special Improvement District, along with CTEP dollars, would help pay for the sidewalk improvements. The property owners in this area would be assessed square footage price to deal with sidewalk that is in need of repair or is non-existent. The project is slated to start tomorrow, July 7th. Kurt asked for the council's consideration in letting the project go forward. Mayor Olson asked the clerk/treasurer if there had been any protests to this SID. Council Minutes of July 6,2010 Shirley Ewan stated that there have been no protests. Mayor Olson opened the public hearing and read the rules governing the public hearing. Mayor Olson asked four times if there were any proponents. There were none. Mayor Olson asked four times if there were any opponents. There were none. Mayor Olson closed the public hearing. Mayor Olson stated that, since there were no protests to the SID and the project is going to start July 7, 2010, the Council should consider waiving its rule to wait until the next regular meeting to vote on the resolution approving the SID. The Council would have to vote unanimously to waive the one- week rule. Motion by Council Member Poehls to waive the council rule and to place Resolution No. R10-84 on tonight's agenda as item 10. h., seconded by Council Member Dickerson. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. CONSENT ITEMS: • Claims for the month of June 2010 in the amount of$1,419,825.61. A complete listing of the claims and their amounts is on file in the Clerk-Treasurer's Office. • Approval of Payroll Register for PPE 06/13/2010 totaling$170,978.92. • Approval of Payroll Register for PPE 06/27/2010 totaling$202,246.80. • Receiving the Committee Reports into the Record. --Budget/Finance Committee minutes of June 15, 2010 were presented. --Council Workshop minutes of June 22, 2010 were presented. --Council Workshop minutes of June 29, 2010 were presented. --Laurel Urban Renewal Agency minutes of June 7, 2010 were presented. --Tree Board minutes of May 27, 2010 were presented. --Laurel Airport Authority minutes of May 23, 2010 were presented. The mayor asked if there was any separation of consent items. There was none. Motion by Council Member Poehls to approve the consent items as presented, seconded by Council Member Stamper. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. CEREMONIAL CALENDAR: None. REPORTS OF BOARDS AND COMMISSIONS: None. AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT): Monty Cherry, 405 Laurmac Lane, spoke regarding fireworks being illegally popped off throughout the city. He is upset that people are allowed to pop the fireworks, even after they pay a fine, and their fireworks are not being confiscated. He would like the issue on a council agenda next month so he can get people involved to see what can be done. Monty stated that a few people are making it miserable for the whole town and that is not right. There were fireworks going until 1:30 a.m. on the 41" of July, and he thinks it is time to enforce the city's laws. The law states that violators could be fined and that the fireworks would be confiscated, but that did not take place. He knows there is a shortage of manpower, but something needs to be done. 2 :3t- Council Minutes of July 6,2010 There was discussion regarding scheduling the fireworks issue at a council meeting or a council workshop. It was agreed to place the discussion regarding fireworks on the August IOth council workshop agenda. Susan Huntoon, 501 Cottonwood, stated: "I don't know what this would take, what the procedure would have to be, but I know in this time of hard economics for you know people having a lot of trouble with their finances, that I feel like anything that is brought before the board that is going to cost the taxpayers money should have to be on a ballot, should have to go between each individual taxpayer and be voted on by the city, not ok'd by the council and I don't know how that . . . but I just feel so many of these resolutions are going to cost the taxpayer money and I don't think that they have any idea of the money that is just on this one page here and I really feel that that's something that needs to be looked at and I don't know how to do that, but I am certainly putting it out there." Mayor Olson stated that she would receive a response and the information from the city. SCHEDULED MATTERS: • Confirmation of Appointments. Laurel Airport Authority: Mayor Olson appointed Murl Williams to the Laurel Airport Authority for a five-year term ending June 30, 2015. Motion by Council Member Stamper to approve the Mayor's appointment of Murl Williams _ to the Laurel Airport Authority for a five-year term ending June 30, 2015, seconded by Council Member Dickerson. Susanna Huntoon, 501 Cottonwood: "Could you tell me how much this is going to cost the taxpayers of Laurel?" Mayor Olson stated that this is an appointment that will not affect the budget. Susanna Huntoon: "So the contract has no money involved?" Mayor Olson stated that this is not a contract and it is an appointment to the Airport Authority. Susanna Huntoon: "Ok, so there is no money involved for the taxpayers?" Mayor Olson stated that was correct. There was no further public comment and no council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. • Resolution No. R10-77: Resolution of the City Council to create a position called the Chief-Emergency Medical Services and to adopt a job description for such position. Council Member Poehls asked if the council could hear public comment before he entertained a motion. Mayor Olson stated that legal advice indicated that the item was put off until tonight for a vote. The council may take more public input and then decide whether or not to vote tonight or to put the vote off to another specific date. Council Member Poehls asked to open it for public comment. Mayor Olson stated that the meeting was open for public comment. Susanna Huntoon, 501 Cottonwood, "I would like to know if there has been a financial study on this and what it would cost the City of Laurel to do this, to get somebody to cover that position. And I would like to say that Jan has been doing a fabulous job just as she is and that there is no reason to change anything and if I would like this tabled, voted no on, and the Emergency Service Committee get together with Jan and other knowledgeable people and if you have to have a job description then 3 Council Minutes of July 6,2010 to go ahead and work one up among the people who it's going to affect and the people who know what they are doing within that context." Mayor Olson stated that the cost to the budget would equal or be a little more than the cost for the position filled by the current ambulance director. Susanna—"how did you come to that conclusion?" Mayor Olson stated that it was by a cost analysis through other areas that employ like people. Susanna—"can I see those cost analysis?" Mayor Olson stated that she could and the information could be forwarded to her. Susanna—"they are not on the internet on the website?" Mayor Olson stated that they are not. Susanna—"Could they be posted on the website?" Mayor Olson stated that the city could do that. Susanna—"ok, all right. Thank you." Mayor Olson asked if there were any other comments from the audience. Joan Markevich, 518 Laurmac Lane, "I don't understand what you are doing. Are you writing this for anew person or are you just giving Jana job description? What are you doing on this proposal?" Mayor Olson stated that it has been the administration's contention that the city would like to prepare for the future. He believes that the city will experience increased demand on its emergency services. Going forward, it would be in Laurel's best interest to be prepared for the increasing amount of injuries which would require more than just basics. Joan — "all right now. I was at the meeting and they all agreed that they would rewrite the job description, take out paramedic, and that's the way the committee voted. Now you are changing that. That's not what the committee did." Mayor Olson stated that the committee is a recommending body. Joan—"and you are the final word." Mayor Olson stated that the council is the final word. Joan — "I haven't heard anybody wrote a new description, did you? Any of those guys that were there?" Mayor Olson asked the participants to direct their questions to the chair, and if there are any _. discussions coming back from the council, they should also come through the chair. Joan—"I'm just stating the fact that you're not, this isn't doing what they said they were going to do and that's all I can say." Mayor Olson thanked her. Susanna Huntoon, 501 Cottonwood, "my understanding is that Jan's job description doesn't need to change in order for us to get into where we are that level one. What we need is an emergency doctor, a doctor that is over the director, emergency medical director is what we need. And Jan has had two of them ready to go so that we can take Laurel's volunteer service to the next level. Her job description has nothing to . . . her job has nothing to do with us upgrading Laurel Ambulance Service, so ok." Mayor Olson asked if there was any other public comment. 4 Council Minutes of July 6,2010 DJ Poolet, 210 Yellowstone, "so I was a little confused also by this new job description. What the _ Emergency Services council voted I guess voted to not pass on that current job description with the word `paramedic'. Is this the same job description just rewritten?" Mayor Olson stated that he understands that the Emergency Services Committee made a recommendation on the proposed resolution and the proposed job description. DJ—"and they voted unanimously not to forward that to council." Mayor Olson stated that was correct. DJ—"so what is this new job description? I'm confused." Council Member Poehls asked Mayor Olson if he could explain. Council Member Poehls stated that the resolution has always been on the table. The Emergency Services Committee discussed the issue and sent its recommendation on this exact proposal on whether or not to pass it. The job description has not changed and there is nothing new. The council delayed the vote on the resolution to tonight, as it was not voted on two weeks ago. Mayor Olson asked the council to address the chair. DJ — "my other question is that, you said that this was in preparation to move us forward past the basics. What do you refer to as the basics?" Mayor Olson stated that there are several things and that he believed DJ is an ambulance attendant. DJ—"that's correct." Mayor Olson stated that he did not want to propose that he knows her job. But he understands that there are more demands on an ambulance service as the population increases. He believes that there is no reason to think that Laurel's population is not going to increase. The amount of incidences will then also increase and that will be one of the reasons that should drive the council to look at ways to improve the delivery of the service. That is the reason the city should look at improving the delivery of services to the City of Laurel. DJ — "are you speaking of delivering basic life saving services or advanced life saving services? Or are you looking at integral operations?" Mayor Olson stated that, as more and more incidences occur, he believes there will be more opportunity of incidences needing advanced life support. The city should prepare to respond to those incidences. If the city continues to stay on the predicated thought that it is satisfying the current needs and not taking future growth and the possible need to provide ALS services, then he does not know if the city is doing its job to prepare the city for moving into the future. DJ — "is there a structure or plan to do this other than developing this new job description? Do you plan to go with AMR? I'm just going to say the elephant in the room. You know there's 27 of us who are waiting to see if you guys are going to sign with AMR." Mayor Olson stated that this never has nor was it intended to open the door for AMR, and he said that repeatedly at the council meeting two weeks ago. It was never his intention to do that and it will not be his intention to go forward and do that. His only thought in preparing a discussion with AMR was that the city would have the ability to respond if there should be a vacation of ambulance volunteers and the city could not staff the service and respond to calls. He stated the importance of taking the charge as leaders of the community to ensure that there is coverage for the community. DJ—"ok, thank you." Terie Obritschkewitsch, 4255 Wheat Ridge Road in Molt, "I think we just need to clarify a few things to go forward. We do not need a paramedic director. There are very few paramedic directors in the State of Montana running these kinds of services. We can go to advanced life support with Jan as a director, with the support of a training officer. We have a paramedic training officer that is very capable of teaching the class. What we really need is support from the council, support from the city, to say hey we need to get this up a little ways and get people on board with ALS and stuff. 5 Council Minutes of July 6,2010 It can happen but by replacing Jan with a paramedic is going to cost the city more money and it's not helping anything. As far as attendants not being available, right now today if nobody answers that page, we have Park City. If Park City doesn't want to do it, AMR will come. It's not an issue, because AMR will answer any calls we cannot handle right now without any changes. We do need a medical director that is not associated with AMR because you get medical directors associated with AMR, it's a conflict of interest. We're going to have AMR out here all the time and our training won't go up. You know we're not asking for tons and tons of money to get us in a situation where we could be ALS. You know I think it really needs to be looked at to say, you know, why are we on this whole job description thing. It looks tome like it's just putting one person out of a job. But we have some awesome attendants who want to move forward, but with all this nonsense going on, it's like everybody's scared to death of what's happening. You know, what we really need is a council that's going to support us, you know, a city that's going to support us and say, hey, let's get that medical director. We need to talk to the training officer, Jan as the director. They are the ones that should be looking at this medical director and saying this is who we need and then this is how we can get up to ALS. You know we have people that have a lot of endorsements on our crew, so we're not just a basic life support. I think that just needs to be looked at." Doris Hill, 612 71h Avenue, "I want to speak as a citizen and not as an ambulance person. I have been in the health business for 54 years and so I do understand that what you have done is, you're taking away the ability for us to have basic life support. If one of us falls down and breaks our hip, all we want to be is taken to the hospital, given a little morphine, and taken to the x-ray department. You had six calls where you had CPR within 881. That to me is not even in the amount of money that you're gonna have to pay to even direct that, and furthermore, ALS will come out. And the other thing is, by the time that you are dispatched from Spokane, Washington, to Billings to Laurel and you had a heart attack, I'm here to tell you that your chances of living are not any more than if _ these folks with what they know and can just go and get that job done and get you where you need to be. Furthermore, you have not given any kind of plan to what to do in between. All you have given a plan to do so far that I can see is get rid of the one job description and get somebody else in it. What happens in the middle of that time from one place to the other? Do you have any kind of plan for that at all? Do you??" Mayor Olson stated that, as far as the plan going from one to the other, he thinks it would be in the city's best interest to have a professional service take over in the interim should we not have the available people to cover. Doris — "and that would be AMR coming from Spokane to Billings to Laurel. That's how it's done. Trust me. And that is not particularly a very good plan. I talked to my kids that do not live in this country. They live in another city. And told them I wish they'd called you because they would like to know that their mother, if we pushed one of those buttons or if they called 911, that somebody would be there to take care of them, not wait an hour for an ambulance to come from Billings to pick you up, decide what they are going to do, and take you back. And so to me when you are saying professional people to take place in between, are you going to pay the money then to have an ambulance stationed out here? Is that your plan?" Mayor Olson stated that the city is looking into the cost of doing that. Doris — "and also along with that, you know you have the new football field and all that stuff and you know you do have to have an ambulance for that. So we were told you know that we probably �. would end up with our taxes not any increase because that football stadium would pay for itself. But if you ask all these little cities that they have to pay like $3,000 or whatever to have an ambulance so that the federal law is that they can have a football game, you're not going to get those people. So that's another thing that needs to be looked at before you vote to do this thing. Thank you." Mayor Olson asked those who would like to speak to go to the podium and state their name and legal address. Hazel Stork, 512, 7th Avenue, "now I know AMR is a national organization. When my husband had to go to the hospital, he had trouble with his heart, the Laurel ambulance came. We met AMR at the weigh station. AMR came. They are a national deal. They do not accept Medicare. Jan told me now that they have to accept Medicare, but at that time they didn't. The bills come from Arizona. They don't come from Billings or anything, and those people said I had to pay them. I had to pay them out of my pocket and I'm a senior citizen on a limited income, and if they don't take Medicare, that makes a big expense on my account. Thank you." 6 Council Minutes of July 6,2010 Mayor Olson stated that, at the previous council meeting, people thought that this was the first step to AMR. It is not the first step to AMR and he has continually said that. If there were a lapse of attendants so there was no coverage, he would be remiss to the citizens if he did not have something in place. He again stated that he does not want to bring AMR in. This is a position that he would like to see filled that would allow the city to move forward. Kim Cleary, 7705 North Century Hills Road in Billings, "I'm just kind of wondering why you think that this position needs to have a paramedic in it cause you were stating how the ambulance crew was down. What's a paramedic going to do in that case?" Mayor Olson stated that the creation of the position was proposed in order to be one of the integral pieces needed to address an increasing amount of opportunity that would necessitate ALS. Kim— "ok, but our current director could do that. She could get the crew up to ALS, so why, I just don't understand why it has to be a paramedic. Why not give our current director a chance? If it's not broke, don't fix it." Mayor Olson stated that he would allow people to speak a second time, even though that is not normally done. Terie Obritschkewitsch, 4255 Wheat Ridge Road in Molt, "the question I guess again, too, is I repeat, is in that job description. It doesn't need to be a paramedic. But also, I guess everybody is confused why we need a contract or worry about a contract with AMR if people, our crew is down. Why we need that contract if AMR is going to answer the calls anyway? That just kind of, it just kind of looks like we're securing AMR and you know I can guarantee if given the support, Jan can _ get this up to an ALS service and we can get a whole lot more people on board. Umm, they've done an awesome job for a lot of years." Ron Faught, 1331 Nez Perce Drive, "just for the record, I would ask the council to consider supporting the current ambulance service as is and the ambulance director, who is my sister, Jan Faught, as is. And I would ask the council to vote down the motion that's before it and return it to the Emergency Services as it should have been done in the first place. And that's all I have to say." Russ Kepferle, 958 Governors Boulevard in Billings, "I just want to stipulate the one thing that keeps us from going to an ALS service is a medical director of an ER status. That's the only thing that keeps us from going to that part. When we had our prior medical director, he was not an ER doctor. He was just a regular basic doctor that sees anybody at anytime anywhere. For us to go to an ALS service, we have to have somebody that's capable of doing the same kind of level of skills that we would be doing in the field. I am currently taking an I class, which I know a lot of you people don't understand. I can do a lot of the advanced skills but not quite at the level of a paramedic. The only difference between me and them is a few more drugs that they would not use as far as long transports. So once we had that doctor and we have a paramedic that's capable, we can train more of our people to become I's like I will be and we will be able to do a lot of the advanced skills that we can do here as basics go to the I level and be able to do the same thing that the paramedics will do as far as from AMR for us. What I could do for them, I mean I could give them a lot of the cardiac medications that we need. If that kind of capability is something that you are looking for, then we will have that. But it's not so much who's in charge of us here at the plant, who sets our schedule. It's the medical director, the doctor, that really contains us to what level we ._. can go to, so if there's any confusion in that, that's something that a lot of these people don't understand what levels we have to go through. As far as what Jan does, she makes sure that we have the supplies, make sure we got the schedules, everything like that, which she is doing a great job. I can't ask for any better boss. It's just the medical director is what is holding us back and that's all I have to say." Susanna Huntoon, 501 Cottonwood, "I have a question. If advancing the Laurel Volunteer Ambulance Service is your goal, why have you blocked getting us an emergency service director?" Mayor Olson stated that he did not know that the City of Laurel was made aware of an opportunity. Susanna—"well, there's been two of them and there's one waiting right now." Mayor Olson stated that the city would explore that at the very quickest opportunity. Susanna—"thank you." Council Minutes of July 6,2010 Doris Hill, 612 7`h Avenue—"and I just again would like to explore the cost because you'll are voted in by the people in your wards and do you know how much it costs for the AMR to come out here and pick us up? Do you have any idea?" Mayor Olson stated that the city has not looked at that aspect of it yet. Doris—"but shouldn't you have because who is going to be paying the bill?" Mayor Olson reiterated again that it is not the intent to bring AMR in. The only intent in contacting AMR was if there were not enough people that wanted to be on the ambulance service. Doris — "what you are saying now completely is not the same as what we heard in the workshop and what you said at the very beginning. You've kind of turned around and I'm happy to hear that you have turned around a bit because again, if you're doing things, for instance, the helicopter. Say somebody is having a heart attack, the helicopter costs into the thousands and if you have the AMR has to come out too because somebody has to haul the person to the helicopter, so that's two charges. And right now, we're all in a real thing because we don't even know what our health, you know our supplements are going to be. I'm talking about people that are 65 and older, but you know there's a lot of us in town and we do, you know, we pay the taxes and we own our houses, and so I think cost is a big thing and so I'm not here talking so much about Jan's job description as I'm talking about what it's going to cost us if you go to this particular thing because I don't see how you can either be basic life support one minute and ALS the next without just getting someone, getting a paramedic and a doctor on board, and if you are going to do that, we're all happy. But it doesn't sound to me like that's what you're going to do and it just sounds to me like you've completely turned this whole thing around and maybe I'm the only confused one, but I don't think so." Mayor Olson asked if the council was ready for discussion. Council Member Poehls stated that the council was ready. Mayor Olson stated that, once the council enters into discussion, it is the opportunity for the council to discuss the issue without the interaction of the public. He asked if there were any other questions or comments from the public before council discussion. There were none. Council Member Poehls stated that the discussion and item up for vote has nothing to do with AMR, whether or not the city is interested in AMR, or whether the city is interested in assistance from Stillwater County or Park City. It deals strictly with the job description for the ambulance director. As Council Member Poehls stated at the Emergency Services Committee meeting, the ambulance director's job description from 2000 or 2002 is antiquated compared to what the ambulance director currently does. Basically, it discusses the medical qualifications, not the administrative qualifications, and an ambulance director needs to be the administrator of the ambulance. It is time to update the job description for the ambulance director. Obviously, there is an issue over the word "paramedic", and the council has heard from the public and the administration on that issue. One doctor would be more comfortable if a paramedic was the director and another one says it is not necessary. Council Member Poehls stated that other issues have come to light recently that have made him unsure if he is ready to vote on this tonight. Council Member Eaton agreed with Council Member Poehls' last statement. As mentioned by the Mayor, it is important for the public to state their opinions and have an active part in what the council does. There are factors she thinks were not taken into consideration when the resolution was first proposed. She does not know who worked up the resolution or why it was presented to the council without more information. She does not like that and the fact that the Emergency Services Committee was bypassed. Council Member Eaton thinks that would have been the proper venue to open the discussion, and Emergency Services, for whatever reasons, was bypassed. She thinks the council needs more education on the topic and what has happened behind the scenes. She stated that it would be nice to know what was really going on. Council Member Rodgers stated that the council heard both sides of the argument and the city needs a full understanding. In order to get that, he suggested that the city hire a consultant to investigate the whole department and all job descriptions. Council Member Dickerson stated that, at a previous meeting, the current director said she had the majority of input on this job description, basically writing it herself with the exception of the title of 8 (7� Council Minutes of July 6,2010 Emergency Medical Technician Paramedic. He thinks that, if the current director feels that strongly about writing the job description with the exception of the title, the city should review the job description carefully. Council Member Dickerson agreed that there is a lot of confusion now and he is not that comfortable with some of the factors. Council Member Mace said he was glad to see everyone at the meeting. He has not served on the Emergency Services Committee, but he went to the meeting last week to see if more than four council members were there. Since four council members were present and there cannot be more than that, he was not able to attend. He stated that it is difficult for the eight council members to understand all facets of city government without listening to the public and people that are knowledgeable about the issues. The Budget/Finance Committee reviews the bills and money going out for the different departments, but it does not tell what is right and wrong with the program. The administration has to operate things and the council has to make wise decisions, but it is tough to do. He asked the public to understand that the council is looking for answers and spends more time than just Tuesday nights at city hall. Council Member Poehls stated the need for an Emergency Services Committee meeting at 6:30 p.m. on Monday, July 12`h, to review and compare some ambulance director job descriptions from other cities of similar size. Motion by Council Member Poehls to delay action on Resolution No. R10-77 to the council meeting on July 20, 2010, seconded by Council Member Dickerson. Mayor Olson asked if there was any public comment. _ Sam Maurich, 907 Wyoming Avenue, "I was at the meeting that he is referring to. I didn't speak and I wasn't going to speak tonight, but I think that's a good motion because I think the council needs to be educated about it, too." Susanna Huntoon, 501 Cottonwood, "I would just hope that the Emergency Service people would be included in that discussion and is this a vote for yes or no on the job description? Is that what that would bring forward?" Mayor Olson stated that normally that would be another recommendation coming forward to the council. Susanna—"another recommendation. You mean you could change . . . " Mayor Olson stated that it would be an opportunity for the Emergency Services Committee to make a recommendation. Susanna—"to yea or nay?" Mayor Olson stated that he did not know what the committee would consider but they would have the opportunity to make a recommendation. Susanna—"a recommendation on what?" _ Mayor Olson stated that it would be whatever they would want to recommend. Susanna—"so they could change the job description?" Mayor Olson again stated that the Emergency Services Committee can make a recommendation. Susanna—"to change it. Ok." Mayor Olson asked if there was any other public input. There was none. Mayor Olson asked if there was any council discussion. Council Member Dickerson stated that the Emergency Services meetings are open to the public and the volunteer ambulance service can attend. He stated that when more than four council members attend a meeting, there is a quorum. He asked if more than four council members could attend the Emergency Services Committee meeting on Monday night. 9 Council Minutes of July 6,2010 Sam stated that, in the past, the council has attended events and certain town hall meetings where .__. there could be more than a majority or quorum of council members. Sam stated that this is dangerous. The danger in this situation is that a quorum could be established, the members of the committee could take some action, and somebody in the public could misunderstand and believe it was a council decision because a quorum was present. If the council wants to attend the Emergency Services meeting, his recommendation is to post that one item will be discussed and no council action will be taken as it is not a legally called meeting. He stated that the meeting should be held in the chambers and recorded so it is absolutely certain who makes the recommendation at the conclusion of the meeting, which is not the council. Council Member Dickerson stated that he requested the explanation because he has heard the public question whether the rest of the council cares about the issue. Parliamentary procedures do not always allow council members the privilege to be present at committee meetings. He recommended that the non-action committee meeting agenda be posted for the Emergency Services Committee meeting on July 12cn Council Member Mace stated that the Public Works Committee will meet on July 12th at 5:30 p.m. Council Member Eaton wondered about the timing of this motion. There will be an Emergency Services Committee meeting on Monday and a council workshop on Tuesday where the matter could be discussed. She questioned whether the Emergency Services chairman thinks that all of the questions and discussion can be addressed in that amount of time. Council Member Poehls stated that he did not know, but there is the option of delaying action again. He thinks it is a priority issue that should not be put off unless absolutely necessary. Council Member Eaton clarified that, regardless of the discussion by the Emergency Services Committee, the council still needs to vote on Resolution No. R10-77. The committee can make a recommendation, but the council still has to vote on the resolution for the job description that includes the paramedic terminology. Council Member Dickerson hopes that the audience and attendants understand and appreciate that the council wants to resolve the issue. Council Member Eaton stated that the recommendation from the Emergency Services Committee addressed the wording of the job description and the process of seeking a medical director. She asked Council Member Poehls if he is still concerned about that. Council Member Poehls stated that he is concerned, but he does not think the issue of a medical director can be pursued until the job description issue is resolved. Mayor Olson recognized that a couple audience members raised their hands. He suggested that there would be an opportunity for them to speak at the Emergency Services Committee next Monday night unless it was really an exceptional comment. Mayor Olson asked if there was any other council discussion. Council Member Stamper asked for the motion to be read back. Mayor Olson stated the "motion by Council Member Poehls and seconded by Council Member Dickerson to delay the action to the July 201h council meeting." Mayor Olson allowed public input one more time. Russ Kepferle — "I just have one thing. The biggest thing on the medical director is our supplies. If we don't get a medical director, our supplies start running out, the less care we can do for the people we have. That's, we cannot order without a medical director's signature on paperwork and so that's the only concern and that one I felt was kind of a dire need. I understand and that's all I have to say." Mayor Olson stated that these are statements that he would hope could be brought up at the Emergency Services meeting. 10 Council Minutes of July 6,2010 Susanna Huntoon, 501 Cottonwood, "I don't understand why you cannot make a resolution tonight _ to vote no and then take this issue back to the Emergency Service Committee that it should have gone through in the first place and then come forward with the two things that our volunteer ambulance service needs addressed." Mayor Olson stated the final opportunity for public input on this issue. Luella Doom, 307 South 4th Street, "I have been an LPN for 30 some years, I worked for the Columbus and Park City ambulance and Laurel ambulance. And I have worked with all three of them on various different things and they have acted professional and done a real good job every time we have had to call them. Thank you." Council Member Stamper called for the question. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. • Resolution No. R10-79: A resolution of the City Council approving a conveyance of right-of-way easement to Yellowstone Valley Electric Cooperative, Inc. Motion by Council Member Dickerson to approve Resolution No. R10-79, seconded by Council Member Mace. There was no public comment. Council Member Rodgers asked if the question about this being in the right-of-way or fly zone had been resolved. _ Mayor Olson stated that the resolution states: "RESOLVED by the City Council of the City of Laurel that the Mayor is authorized to execute the attached Conveyance of Right-of-Way Easement after the Federal Aviation Administration (FAA) approval is obtained and any recommendations or conditions required by the FAA are completed or followed by YVEC." A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. • Resolution No. R10-80: A resolution of the City Council authorizing the Mayor to sign an agreement with Yellowstone County for the processing of headstone orders for the Yellowstone County Veteran's Cemetery. Motion by Council Member Mace to approve Resolution No. R10-80, seconded by Council Member Dickerson. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. • Resolution No. R10-81: A resolution authorizing the Mayor to execute a two-year contract for City Attorney legal services between the City of Laurel and Elk River Law Office P.L.L.P. Motion by Council Member Poehls to approve Resolution No. R10-81, seconded by Council Member Mace. Susanna Huntoon, 501 Cottonwood: "Could you tell me how much that costs the City of Laurel's citizens?" Mayor Olson stated that it is a continuation of services for $90,000. Susanna: "Is that per year?" Mayor Olson stated that it is per year for two years. Susanna: "Thank you." There was no other public comment. Council Member Eaton asked Mayor Olson if he needed to address a topic of conflict of interest potentially and if he needed to say that there is no conflict of interest because his daughter works there. 11 bp— Council Minutes of July 6,2010 Mayor Olson stated that his daughter has nothing to do with it and he was not voting. He stated that his daughter does work there and he would not vote if needed. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. • Resolution No. R10-82: A resolution authorizing the Mayor to execute a contract for the Chief Administrative Officer position between the City of Laurel and William Sheridan. Motion by Council Member Eaton to approve Resolution No. R10-82, seconded by Council Member Dickerson. Susan Huntoon, 501 Cottonwood: "I would like to know what that's costing the citizens of Laurel." Mayor Olson stated that it cost $75,000. An audience member asked how long the contract is, and another audience member stated that it was for a year. There was no other public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. • Resolution No. R10-83: A resolution approving Change Order No. 9 with COP Construction LLC for the installation of additional HVAC improvements for the City's Water Treatment Plant as part of the 2009 Water System Improvements Project. Motion by Council Member Dickerson to approve Resolution No. R10-83, seconded by Council Member Stamper. Susanna Huntoon, 501 Cottonwood: "Could you tell me, is this saving Laurel residents money or is this costing them money?" Mayor Olson asked Public Works Director Kurt Markegard to speak. Kurt explained that the resolution is for a change order for HVAC system that cools the VFD's, variable frequency drives, for the pumps in order for them to continue operation at the Water Treatment Plant. This in turn allows the water system to provide water to the City of Laurel operating those pumps. The cost is around $47,000 to the water rate payers, either through the grants the city received or through loans that will be ultimately paid by the water rate customers. Council Member Mace asked Kurt to put a price on the value if the pumps go out. Kurt stated that it would be hard to say. This HVAC system would allow circulation of the air in the room so that heating and air conditioning units do not need to be installed outside to cool the building. The system will circulate the air around the piping, bring it up and cool the computers that run the plant. Without the computers, the plant cannot run, and the city would go into a water rationing and look at emergency ways to cool down the plant. As far as costs, he did not know how to put a cost on not having water. Susan Huntoon asked if she could address Mr. Markegard. She said: "ok, Mark, I just want to say I heard you last time when we were here and that you explained that you did find a cheaper way. This was saving the taxpayers money in the end by what you guys came up with, so I just wanted to put that out there." There was no further public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. • Resolution No. R10-84: Resolution relating to Special Improvement District No. 112: Creating the District for the purpose of undertaking certain local improvements and financing the costs thereof and incidental thereto through the issuance of Special Improvement District Bonds secured by the City's Special Improvement District Revolving Fund. 12 Council Minutes of July 6,2010 Motion by Council Member Poehls to approve Resolution No. R10-84, seconded by Council "— Member Dickerson. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. ITEMS REMOVED FROM THE CONSENT AGENDA: None. COMMUNITY ANNOUNCEMENTS (ONE-MINUTE LIMIT): David Herman, 416 Mountain View Lane, gave the following statement: "I come to you this evening for two reasons. First, to express my dissatisfaction with the city's handling of what I perceive as the unchecked use of fireworks by persons within our city limits on 41h of July last. And I have also been approached by several residents of our city and asked to look into the city's policy regarding the use of fireworks within the city limits. Our chief of police and our fire chief were quoted in the Laurel Outlook on June 30th under the heading: Fireworks are illegal within the city limits. Under that heading was a quote from our police chief. "If it goes `bang' or goes up in the air, you can't do it in the city limits' . . . fireworks violations are a misdemeanor and offenders are subject to fines and their fireworks will be confiscated." I think the chief chose his words quite carefully when he said `are subject to fines' he did not say `will be cited.' He left the door open for officer discretion, which is an age-old law enforcement tool that allows his officers the option of issuing warnings or issuing a citation or resorting to an arrest. I will add right here and now that no one in this room respects the office of the chief of police _ more than I do, and I do not wish to further call into question his words because he is my chief, too. However, I considered the item in the Outlook as warning to all city residents regarding the use of fireworks within the city limits, and that being the case, his officers should not have to be faced with the dilemma of having to choose warning or citation. I am of the opinion that the fair warning was already given. With my intentions now known, the City has some options. I can be stonewalled and have to scrape and dig for the answers to my inquiries, or I can receive cooperation. My preliminary inquiries are few and simple: 1. 1 would like to know the City's policy that was in effect on July 4th of this year regarding illegal fireworks usage and for dealing with fireworks violators. Is this policy in writing? If not, why not? And if it is, I would like to get a copy. 2. 1 would like copies of the city ordinances, rules, and/or regulations regarding fireworks usage, noise, open flames, interfering with the use of public roadways, and endangerment. 3. I would like to know the number of fireworks calls received by the Police Department over this July 4th holiday, as well as the number of warnings issued, citations issued, and the number of fireworks confiscated. I have already been advised by a police department member that I can get some of this information only through the City's legal counsel, and that some of it is available to all city residents. After a brief meeting with this officer in which I fully explained my intentions, the meeting turned cold and I was unceremoniously shown the exit door at the police station. So why do I get the feeling that the city is going to circle the wagons and make my endeavor as difficult as they possibly can? If, however, I can get this done through committee action and council proceedings, I would like for my council person to guide me through this process. If I have any time remaining, I would like to answer any questions you might have with me. If you have no questions, I thank you for my time and your attention. Mayor Olson asked for and received a copy of Mr. Herman's statement for the record. Mayor Olson informed Mr. Herman that the issue was brought up by Monty Cherry prior to his arrival. At that time, it was determined that the issue would be discussed at the council workshop on August 10`h. Mayor Olson stated that the items he requested would be forwarded to him. COUNCIL DISCUSSION: 13 Council Minutes of July 6,2010 • Review of Monthly Reports: Police, Fire, Ambulance, and Code Enforcement: None. Council Member Poehls stated that the Emergency Services Committee would meet on Monday, July 12th, at 6:30 p.m. for discussion of the job description. Council Member Dickerson stated that Mr. Herman is in Ward 3, and he and Council Member Rodgers would be willing to be of further assistance to him. Council Member Rodgers stated that the Cemetery Commission would meet on Monday, July 19th, at 5:30 p.m. Council Member Rodgers stated appreciation for Dave Herman's comments, as he is the only one that has said anything about the fireworks in Ward 3, and there were a lot of fireworks. Council Member Eaton extended a thank you, not only to Mr. Herman, but also to everyone that came tonight. It is nice to see that the public is not afraid to come to a council meeting and speak. Council Member Eaton stated that the Laurel Heritage Committee's celebration of Heritage Days is scheduled for August 201h and 21". The BBQ will be on August 21" and council members previously helped with that. Council Member Eaton mentioned that the Gay Easton Memorial Bridge Committee was active during the 4th of July weekend and cleaned up the area and planted a couple more roses. The committee is active and should continue progressing throughout the summer. _ Council Member Dickerson asked the Chief Administrative Officer or the Public Works Director to thank the city employees for doing an excellent and fast job cleaning up the park area after the 4th of July events. Mayor Olson explained that the Public Works Director and the Chief Administrative Officer recently asked him to authorize overtime on the 5th. He authorized the request, some employees were willing to work, and that decision proved to be beneficial. The Laurel Chamber of Commerce contracted with the American Legion baseball team to help with the cleanup and that was also very beneficial. Mayor Olson announced that he will have surgery on July 27th and will be unable to attend council meetings until the end of August. UNSCHEDULED MATTERS: None. ADJOURNMENT: Motion by Council Member Wilkins to adjourn the council meeting, seconded by Council Member Poehls. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. There being no further business to come before the council at this time, the meeting was adjourned at 8:18 P.M. Cindy Allen; Council Secretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 20th day of July, 2010. *ennethE. Olson, Jr., M or Attest: Cathy Ga ian, Deputy Clerk 14