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HomeMy WebLinkAboutCity Council Packet 11.26.2024 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, NOVEMBER 26, 2024 6:30 PM COUNCIL CHAMBERS 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 age nda 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. 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 attend the Laurel City Council meetings often. Pledge of Allegiance Roll Call of the Council Approval of Minutes Correspondence 1. Beartooth RC&D Correspondence. Council Disclosure of Ex Parte Communications Public Hearing 2. Budget Amendment 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. 3. Claims entered through November 22, 2024. 4. Approval of Payroll Register for PPE 11/10/2024 totaling $255,111.77. Ceremonial Calendar Reports of Boards and Commissions 5. Budget/Finance Committee Minutes of 11.12.2024. 6. Park Board Minutes of November 7, 2024. 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. 1 Scheduled Matters 7. Appointment of Doug Myers to the Laurel Airport Authority for the remainder of a 5 year term ending 6/30/2026. 8. Resolution No. R24-93: A Resolution Of The City Council Approving Amendments To Appropriations And Revenues For The City Of Laurel’s Fiscal Year 2023-2024 Budget. 9. Resolution No. R24-94: A Resolution Of Intent To Increase The City Of Laurel’s Water And Sanitary Sewer Rates And Charges To Become Effective On January 10, 2025 And Setting A Date And Time For A Public Rate Hearing. 10. Resolution R24-95: A Resolution Of The City Council Directing The City Of Laurel Mayor To Recommend Appointment Of A Chief Administrative Officer And To Negotiate A Written Contract For Approval By The City Council. 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 announcements. 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. 2 File Attachments for Item: 1. Beartooth RC&D Correspondence. 3 Beartooth RC&D Area, Inc. Constitution and Bylaws January 18, 2017 Page 1 of 7 CONSTITUTION AND BYLAWS For the BEARTOOTH RESOURCE CONSERVATION AND DEVELOPMENT AREA, INC. 1. NAME The name of the organization shall be the Beartooth Resource Conservation and Development Area, Inc. It may be designated Beartooth RC&D Area, Inc. and referred to in this document as RC&D. 2. ORGANIZATION The Beartooth Resource Conservation and Development Area, Inc. is an independent, non-profit, non-partisan, incorporated group whose mission is to cultivate responsible regional economic development and resource conservation. 3. PURPOSE The purpose and overall objectives of this organization are: A. To improve the economic and social condition for people of the area by developing and carrying out the regional comprehensive economic development strategy for the orderly conservation, sustained proper use, improvement and development of natural and human resources of the area. B. To carry out the regional economic strategy in an orderly fashion with local leadership. C. To help secure technical, financial, educational and other services required to develop and carry out the regional economic strategy D. To create an awareness by all people of the need and urgency for the rural economic development and conservation of the natural and human resources of the area. E. To work cooperatively with other organizations whose purpose and goals parallel those of this organization. F. To develop and revise as necessary the regional economic strategy in an effort to improve economic conditions while protecting our resource base. 4 Beartooth RC&D Area, Inc. Constitution and Bylaws January 18, 2017 Page 2 of 7 4. MEMBERSHIP The RC&D Board of Directors shall consist of the following: A. Sponsoring Organizations Conservation Districts Big Horn County Carbon County Stillwater County Sweet Grass County Yellowstone County County Commissions Big Horn County Carbon County Stillwater County Sweet Grass County Yellowstone County Incorporated Towns and Cities Bearcreek Fromberg Big Timber Hardin Billings Joliet Bridger Laurel Broadview Lodge Grass Columbus Red Lodge Tribal Governments Crow Nation Other Authorities Big Sky Economic Development Authority Two Rivers Authority B. Special Appointments The Board may make special appointments in order to improve representation from principal economic interests, including: business, industry, finance, transportation, utilities, the professions, labor, agriculture, education and affordable housing. Special appointments and selections may be made to obtain adequate representation by minority groups, the unemployed and underemployed, and low-income communities. Tenure of these appointments will be for one year and may be renewed. 5 Beartooth RC&D Area, Inc. Constitution and Bylaws January 18, 2017 Page 3 of 7 C. Ex-Officio Designated representatives of state and federal elected officials who assist in the coordination, technical assistance, cost-sharing, grants and loans necessary for the completion of RC&D measures can be included in the activities of the RC&D as non-voting members. D. Appointment Process Each sponsoring organization will appoint a person to the RC&D Board. Each sponsoring organization may designate an alternate or proxy to serve in the absence of its named member. The appointed membership to the RC&D Board shall have full participation in all decisions and activities of the organization. When changes in the appointment of these members are made written notice will be sent to the RC&D office. Tenure of the member and alternate will be determined by the represented sponsor. 5. OFFICERS A. RC&D Board of Directors The officers shall consist of a Chair, Vice-chair and Treasurer. Election will take place during the first regular meeting of each year upon the recommendation of a nominating committee appointed by the Chair. The signature of an executive committee member will be required on all checks or if unavailable a signature stamp can be used in accordance with the Beartooth stamp policy. B. Tenure Tenure of office for the Board Officers shall be one year. Officers will be re nominated and voted on at the January board meeting 6. COMMITTEES A. Executive Committee 1. The Executive Committee shall consist of the RC&D Chair, Vice-Chair, Treasurer and up to two Board members confirmed by the Board at the first regular meeting of each year. 2. The Executive Committee shall have the authority for (a) employee firing, hiring or discipline, (b) employee compensation, benefits and annual performance review, (c) organizational expenditures with the discretion to 6 Beartooth RC&D Area, Inc. Constitution and Bylaws January 18, 2017 Page 4 of 7 defer decisions to the Board, (d) signature authority, and (e) project direction and approval for programs. B. Ad Hoc Committees Ad hoc committees will be appointed by the Chair to evaluate and advance the operations of the RC&D. 7. MEETINGS A. RC&D Board of Directors The RC&D Board will hold six (6) regular meetings annually on dates to be determined from time to time by the Board to formally adopt measures, establish goals and objectives, review accomplishments, set priorities, develop Regional Comprehensive Economic Development Strategy (CEDS), as necessary. The time and location will be at the discretion of the Board members. Notice of each meeting shall be issued to all Board members and alternates at least seven (7) days in advance of the meeting. B. Special Meetings Special meetings may be called as circumstances arise and may be called by the chairman or by a one-third vote of the Board. Notice of a special meeting shall be the same as announcements of regular meetings. C. Quorum All Board meetings shall require 40 percent of the appointed membership to constitute a quorum. Alternates may vote in the absence of the appointed member, and can be used in determining a quorum. In the event that a County is not represented by one or more of its sponsors, the business transacted shall be limited to topics that do not directly impact the absent County. D. Minutes Minutes of all Board meetings will be kept by the RC&D staff and sent to each of the Board members and alternates, chairman of each sponsoring organization and cooperating agencies and organizations. E. Supporting Persons (Public) Interested people in the RC&D Area may attend all meetings, participate in discussions and activities to assist in furthering the RC&D Board’s goals and objectives. They may vote on decisions made by resource committees. They shall have no vote or hold elected office on the RC&D Board unless as an authorized representative of a sponsor or resource committee. 7 Beartooth RC&D Area, Inc. Constitution and Bylaws January 18, 2017 Page 5 of 7 F. Conduct of Meeting The Chair will preside at all meetings. The Vice-Chair will act for the chairman in his/her absence, and will succeed him/her upon death or resignation. In the absence of both officers, an appointment will be made by the members present. 8. DUTIES The RC&D Board of Directors shall have the following duties: A. To conduct and direct the overall activities and operation of the organization. B. To assist the people, officials and agencies of their area to develop and submit RC&D project proposals and for disapproving or approving the same. C. To submit annual reports to their sponsors, including planning activities. D. To assist in carrying out the CEDS approved project proposals, and in obtaining technical, financial and educational assistance where appropriate. E. To Arrange for an annual review of the organization’s financial affairs by a qualified and disinterested person. F. To obligate expenditures to the RC&D Area, when approved by the board, not to exceed the financial resources of the RC&D Board. G. To limit RC&D activities to those of Section 501 (c) (3) of the Internal Revenue Code and a substantial part of its activities will not be political in nature. H. To designate members to represent the RC&D at meetings, conferences, seminars, etc. as considered desirable to further the goals of the organization. 9. OPERATING FUNDS A. The RC&D staff shall develop the operating budget needed each year and present it for approval at the first regular RC&D Board meeting of each year. B. Each of the sponsoring organizations, namely conservation districts, county commissions, incorporated towns and cities, tribal governments and other authorities will be asked to contribute to the operating fund to the extent needed and their resources will permit. 8 Beartooth RC&D Area, Inc. Constitution and Bylaws January 18, 2017 Page 6 of 7 C. The RC&D Board shall be authorized and empowered to pay reasonable compensation for services rendered on authorized RC&D Board business, if local funds are available. D. Use of funds shall be authorized by the Executive Committee. E. The RC&D Board may seek and accept funds from federal, state, local, and/or private funding agencies or organizations for distribution to individuals, businesses, and organizations in the form of loans and grants to meet the established purposes, goals, and objectives of the RC&D Board, and subject to the guidelines and restrictions of the funding agencies and organizations. F. Gifts may be accepted by the RC&D Board and are tax deductible under the Board’s non-profit 501 (c) (3) designation. G. No part of the finances of the RC&D Board shall ensure benefit of or be distributed to its members, officers, or other private persons, except for legitimate and reasonable expenses incurred on behalf of the RC&D Board. H. Upon dissolution of the RC&D Board, all funds and properties of the RC&D Board shall, upon liquidation of all liabilities, be divided among the RC&D sponsors in proportion to their contributions over the two previous years prior to dissolution. 10. AMENDMENTS The Constitution and Bylaws may be amended by a majority of the appointed RC&D Board members at a regularly scheduled or special meeting, provided that a 10-day prior written notification is given stating the amendments to be made. 11. PARLIAMENTARY AUTHORITY Roberts Rules of Order may be used, where applicable, at the discretion of the chai rman for all meetings. 12. SAVING CLAUSE Any portion of these Bylaws found to be contrary to law shall not invalidate other portions. Signed by William Foisy following approval by Board of Directors Name, Board Chair 9 Beartooth RC&D Area, Inc. Constitution and Bylaws January 18, 2017 Page 7 of 7 January 19, 2017 ______ Date, Approved by Board of Directors 10 Beartooth RC&D Area, Inc. Board of Director’s Meeting Agenda Meeting 1 P.M. Thursday, November 21, 2024 Stillwater County Conference Room 17 N 4th Street, Columbus, MT 1:00 pm 2:30 PM Meeting Called to Order Pledge of Allegiance, Introduction of Members and Guests Review Board Minutes Congressional Updates Josiah Porcel (Sen. Tester) Tory Kolkhorst (Sen. Daines) Emily Schneller (Rep. Rosendale) Treasurer/Financial Reports 1. Treasurer Update 2. RC&D Financials 3. RLF Financials Review of Constitution Bylaws MOU Increase Audit Staff Reports – Program/Project updates 1. Food/Ag Program – Joel Bertolino 2. Revolving Loan Fund – Nan Knight 3. Economic Development/ CRDC – Gaurav Thakur 4. Operations Support- Myrna Lastusky Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. (see topics on next page) Next Beartooth RC&D Area, Inc. Board of Directors Meeting January 16, 2025- Big Sky EDA Billings, MT Adjourn Chair, All Chair, All Hauge/Knight Bertolino Bertolino Knight Thakur Lastusky Roe et al Information Action Information Action Action Information Action Information Information Information Information Information Information 11 Page 2 Regional Roundup CEDS SWOT Our goals for the Roundup are to find out what’s happening in the area, keep the conversations focused, inform the others attending the meeting, and to tie it all back to and reinforce the importance of the CEDS. Please help us identify the projects in their area that fit into our CEDS categories: Be thinking about strengths and weaknesses of your community or our region  Infrastructure  Housing  Transportation  Broadband  Economy  Upturns or downturns in industry sectors  New business openings (or closures)  Communication  Marketing and outreach  Services  Health care  Natural Resources  Agriculture  Energy  Human Capital  Workforce  Education NOTES: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 12 Page 3 ___________________________________________________________________________ ________________________________________________________________________ 1:00 pm 2:30 PM Meeting Called to Order Pledge of Allegiance, Introduction of Members and Guests Review Board Minutes Congressional Updates Josiah Porcel (Sen. Tester) Tory Kolkhorst (Sen. Daines) Emily Schneller (Rep. Rosendale) Treasurer/Financial Reports 4. Treasurer Update 5. RC&D Financials 6. RLF Financials New Staff Member Strategic Business Plan Review of Bylaws Staff Reports – Program/Project updates 5. Food/Ag Program – Joel Bertolino 6. Revolving Loan Fund – Nan Knight 7. Economic Development/ CRDC – Gaurav Thakur 8. Operations Support- Myrna Lastusky Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. (see topics on next page) Next Beartooth RC&D Area, Inc. Board of Directors Meeting November 21, 2024- Columbus Fire Hall Columbus, MT Adjourn Chair, All Chair, All Hauge/Knight Bertolino Bertolino Knight Thakur Lastusky Roe et al Information Action Information Action Information Action Information Information Information Information Information Information Information 13 Page 4 Board of Director’s Meeting Agenda Meeting 1:00 P.M. Thursday September 19, 2024 Roberts Fire Hall 3 South 1st Street, Roberts, MT Beartooth RC&D Board Meeting Minutes September 19, 2024 Members Present: 14 Page 5 Joel Bertolino, BRCD Gaurav Thakur, BRCD Nan Knight, BRCD Myrna Lastusky, BRCD Tina Toyne, City of Hardin Economic Development Director Ryan Van Ballegooyen, Billings Job Service Tory Kolkhorst, Senator Daines’ Office Commissioner Scott Miller, Carbon County Bob VanOosten, Stillwater Conservation District Lorene Hintz, Small Business Development Center Members on Zoom: Emily Schneller, Congressman Rosendale’s Office Brent Moore, City of Red Lodge Holly Higgins, First Interstate Bank of Hardin Danny Choriki, Ubet Post Guests: Jeremy Dewell, Military Liaison, Senator Daines’ Office Brad Caton, RLACF Programs Manager Angela Getchell, RLACF Workforce Housing Manager Meeting Called to Order: Ryan Van Ballegooyen called the meeting to order. Pledge of Allegiance, Introduction of Members and Guests Jeremy Duel, Veterans Liaison, attended with Tory Kolkhort to meet the group and do outreach. Angela Getchell & Brad Caton, Red Lodge Area Community Foundation (RLACF)  Angela and Brad are in charge of workforce housing for RLACF. Took over Habitat for Humanity in Red Lodge in 2018 and in the past few years have built 14 homes – 10 MSH homes and 4 rentals.  Will be applying for a USDA 523 grant to continue the program after Helena Area Habitat had to leave their partnership.  Beartooth has been a great partner. Work closely with Myrna on the USDA RCDI grant, and with Nan on some potential Brownfields assessments.  Work closely with Trust Montana, also, on Community Land Trusts. That takes the cost of land out of the equation and makes the homes more affordable.  Land acquisition is a tough part – just did a Bridger Housing Study (funded by MT Healthcare Foundation) with a landowner and are hoping to acquire that property and build some homes. o Worked on a piece of land in Roberts for over a year and it didn’t work out. Have another one in the works right now.  Just finished a CDBG grant that helped to fund the 4 rentals.  Talking with Bridger school board superintendent about possible use of wind farm impact funds to build affordable housing for teachers.  Will be applying for USDA 523 program to allow them to do construction with the Mutual Self-Help Program. Review July Board Minutes (Action): Scott Miller motioned to approve as presented. Tina Toyne seconded. Motion passed. Congressional Updates: 15 Page 6 Emily Schneller, Rep. Rosendale’s Rep:  Had a little boy (John) on June 2nd and is back now from maternity leave.  With Congressman Rosendale leaving office at the end of the year, the November meeting will be Emily’s last. ☹  Stillwater Mine layoffs. Congressman Rosendale introduced a bill to prohibit importation of platinum and palladium from Russia to provide some relief.  In July for the House Interior Appropriations bill, Congressman voted in favor of it. Forestry wins for logging. Made amendment to prohibit funds from being used to implement the threatened species of the Northern Continental Grizzly Bear.  With the funding deadline, the House voted down the continuing resolution, and so did Congressman Rosendale. Will continue to vote NO on CRs Josiah Porcel, Sen. Tester’s Rep:  US DOC allocated 4.6 million dollars for water and sewer infrastructure improvements in Yellowstone County. Thanks for heading that up.  Support impact to workers being laid off at the Sibanye-Stillwater Mine. Sen. Tester’s office is working hard to help find solutions: o Introduced legislation to ban critical mineral imports from Russia and to finalize tax credits related to critical mineral production that could assist the mine. o Looking at workforce assistance applications and programs. o Trade Adjustment Assistance – possible opportunity to help impacted workers. o Been in contact with Heather McDowell at the Mine and many relevant people who may be able to assist. Tory Kolkhorst, Sen. Daines’ Rep:  Adding a 3rd Kolkhorst baby in February!  Jeremy Dewell, new Veteran Liaison for Sen. Daines. o From Joliet o 20 years in the Army, retired in August 2022  On Sept. 10th, Gold medal ceremony in Capitol rotunda. Sen. Daines shared a message with 13 families who lost family members in the Afghanistan withdrawal.  Sen. Daines was the 1st member of Congress to introduce a bill to ban import of palladium and other minerals.  Signal Peak Mine in the Bull Mts is also in trouble right now with federal permits, and the Senator is working closely with folks at the mine and has authored some legislation to support them as well. Their doors will have to close if one of these bills doesn’t pass. Treasurer / Financial Reports (Nan absent) 1. Treasurer Update 2. RLF Financials a. We are 100% transferred over to our new loan software, so reporting is much easier now. b. 23 loans, a little over $2 million loaned out. c. Closed another loan in Yellowstone County last month and doing a ribbon-cutting ceremony on Sept. 25th. Governor is expected to attend. All are welcome! 16 Page 7 d. Awarded another $750M through IRP. We leveraged our BSED RLF money to strengthen our application. e. Also hoping to put in an application for Brownfields RLF funding. That deadline is in November. f. Hope to close on the 750,000 IRP loan soon. 3. RC&D Financials a. Pg. 12 has Operating Budget for the year. Scott Miller motioned to approve the RC&D and RLF financials as presented. Lorene seconded. Motion carried. New Staff Member – Gaurav Thakur  Took Gaurav a while to get through the Canada-to-US TN Visa process, but we’re very happy to have him here now.  Gina Schaible decided the family-work balance wasn’t working and resigned. Hired Myrna full-time for the next year to help handle some workloads. Strategic Business Plan  Joel sent it out to the board for review and suggestions, but he didn’t receive any feedback. Danny motioned to approve the Strategic Business Plan as presented. Scott Miller seconded. Motion carried. Review of Bylaws  Now reviewing Constitution and Bylaws for Beartooth RC&D. Not a lot of changes to be made.  Reviewed last in 2018. Then they put a term limit on how long officers can be on the Executive Committee. We would like to take that out. There is a nomination process each year that enables everyone to weigh in on reassignment. Staff Reports Joel:  S-Ranch Meats: Received $250,000 VAPG grant. Hoping to hear about other applicants, also, since USDA hasn’t released all awards yet.  Specialty Crop Block Grant video highlighting a success story. Did a piece on Yellowstone Valley Farms and their basil production, who we assist. They recently added mint and chives. They sell direct to Sysco.  Mountain View Hutterite Colony – were working with on an automation loan, but they decided the amount was too much and have pulled back for now.  Samurai Sue’s – assisted in GTA Business & Marketing Grant. Successful. They want to now apply for the full $50,000 grant.  Speedy & Flo’s is finishing up greenhouse project. Joel is talking to him about other sources of funding.  Rodi Farms – put in for a VAPG grant, haven’t heard back on it yet. FADC Outreach  Stovall Ranch  Oswald Farms – finishing up last year’s VAPG grant. 17 Page 8  Yellowstone Valley Farms and Rodi Farms – visited this week with Gaurav Nan:  Brownfields is doing well and kicked off another project.  Closed on Phase I of Rocky Fork, FEMA Buyout is almost complete. Hope to have a greenspace in Red Lodge.  Starting another project in Red Lodge right now on a Phase II and it’s starting next month.  Submitted paperwork to Crow Tribe to start 2 projects on the reservation. Gaurav:  Worked with tribe in Yorkton, Saskatchewan. Background is economic development, and he has also worked in banking, small business development.  Lived in Canada for 13 years working with communities and tribes.  Joel has taken Gaurav to meet with some of his clients and community members.  Tourism Development and Enhancement RLF has been extended to Oct. 15. No minimum or maximum to apply. Award announcements on Nov. 15th.  He has a rental in Laurel, and his wife and 2 small children Myrna:  RCAC (Rural Community Assistance Corporation) o 3-year grant we are doing in Columbus. o First workshop in the 4-workshop series was yesterday. Great day with 29 Columbus residents discussing what would make Columbus an even better place to live. o We looked at what is going well in Columbus, opportunities, etc. A few projects will be picked by the end of the series, and then we will spend the next 2 years trying to make those projects happen (find funding, etc.). o Tory said Steph Ray really wants to see an Industrial Park in Stillwater County – something ready to go and turnkey for a business. Wonders about the tech hub designation Montana received, too.  Beartooth worked with Stillwater to do a feasibility study for an industrial park in Stillwater, but so far nothing more has happened. This RCAC grant process may help with figuring some of that out.  RCDIs – Angela & Tina are here, so no need to provide more details today o Myrna is requesting an Extension to the RCDI grant with the City of Hardin – if they approve, it will give us 6 more months to work together and help support Tina’s position. Regional Roundup Brent Moore, City of Red Lodge:  Will let Brad & Angela cover Red Lodge today since he has a sick kid at home. Danny Choriki, Ubet Post:  Just finished Climate Week in Billings. Had 12 different events over the 10 days. Looking to put funding behind making it a regular event. o Concerned about the impact to Montana due to future refugees due to climate change.  Family Violence Task Force – annual conference is next week. 18 Page 9  Regional Housing Hub – project Danny is taking on. Using web technologies to help solve some of our problems. Holly Higgins, First Interstate Bank of Hardin:  FIB did Volunteer Day on Sept. 11th. Closed at noon and go through town – BHC Museum and Food Bank. Got 2 full buildings painted and filled senior boxes, got other things ready. The food bank relies almost totally on volunteers. They have Senior Boxes and General Boxes. They qualify for one box per person monthly. But anyone can come in to shop – just need to fill out a one-page form.  Oct 1st is MT Native Homeownership Coalition will be in Crow Agency. Working on the process to get mortgages, etc to get housing built. Ryan Van Ballegooyen, Dept of Labor / Job Service:  A lot of work in front of us to help with the Sibanye-Stillwater Mine layoffs. With a warn notice we have 60 days before layoffs, so that is helpful to have a little time to prepare. o 100 in Livingston, 100 in Columbus . . . try to figure out where ethe workers are and what will be available. Getting unemployment going and helping them look for work. Challenge is finding wages equivalent to the mine’s wages. o Will be organizing job fairs. Exploring apprenticeships and training. o Beartooth: Look at any kind of workforce development grants that could help. o Ryan will be in touch with the area mayors, chambers, commissioners, etc. o Major impact to businesses, school districts, City/County budgets – a lot of ripples from these layoffs. o National Emergency grant for dislocated workers. Just did for the timber industry in Seeley Lake. o Biggest layoff in Ryan’s 13 years. Bob Van Oosten, Stillwater Conservation District:  EWP Emergency Watershed Protection Program – Have finished all the projects in Stillwater, although they haven’t finished all the details but are getting closer. Close to deadline where they will lose the money if it doesn’t get done. Still working with Carbon County as well. o Fromberg is a big issue. Sharon is the program manager that Scott Miller works with. o Sometimes permitting can bring everything to a stop. Lorene Hintz, SBDC:  BSED has annual meeting Oct. 4th at the Depot. Just go to website to register.  Battle of the Plans – business plan competition. o Business expansion downtown category – Frae on Shiloh will be expanding to downtown o Startup – Pete’s Meats is a butcher shop starting downtown o Each winner received $40,000.  Financial workshops coordinated in conjunction with BRCD. These have been great and well attended both rurally and in Billings. Will be helping Plenty Doors coming up to help get financial assistance out the door.  Equitable Lender Leadership: EDA grant program. Money given to Recast City and do group meetings 2x a month. Identify some of our partners we can collaborate with better. 19 Page 10  True Space Accelerator: Finished in July. Had 8 businesses participate.  The Vault podcast won the IEDC Silver Award for podcasts this year.  Oct. 15 and 16: People can set up 30-minute sessions with experts. Experts donate 4-hour shifts. o On Thursday, Oct. 16th will be a one-day Business Summit. $50 from 8-2:00. For business owners or anyone interested.  Canva workshop  Leadership in Color  Financial workshop  Speaker – Imposter Syndrome Tina Toyne, City of Hardin:  RFQ is out for Economic Development Strategy. Closes Oct. 3rd.  Worked on RFQ for infill and development for the MCRPG grant they received.  County Housing Needs assessment contract with Ayres was finally signed by County. o First bi-weekly Zoom meeting tomorrow  Town & Country are looking into what they can do with their property next to Hardin Chevrolet.  Flying J went out for bid to demolish the building. Waiting to hear from EPA on tanks that were removed.  DQ reopening in Dec.  Aaron’s Furniture building is vacant, and Tina is hoping they can do something with that.  3rd Dollar General store is coming to Hardin . . .  Maverick gas station has been pushed back to start building.  Business Attraction: working hard to market the industrial park. Difficult because there are 18 different people who own lots out there. Will be working with LISC on a marketing strategy.  Were not successful with Pilot Tourism Grant application but are planning to reapply and will be working on having a stronger application.  Headed to MEDA next week. Brad Caton, City of Red Lodge:  Housing, Youth, and Transportation are the 3 legs of the stool at RLACF.  Carbon County received a grant 2 years ago for childcare and have that housed in Messiah Lutheran Church. Have improved capacity for childcare in the county, but much more is needed. o 2021 to end of 2023, Carbon County moved from last of all counties (6% capacity for childcare) and moved to 20%. One of biggest improvements.  Transportation: Recently got a 13-passenger bus from MT DOT grant. o 2 weeks of month will be on Rock Creek side of valley, 2 weeks on Clarks Fork side o Will have 2 express vans, one day for medical, one for essential services. Commissioner Scott Miller, Carbon County:  Fromberg Water Protection Project is a little over $500,000. Did 1200 feet on river bed – contractors are getting after it. Should be done before winter. Conservation District is working on this. o Fromberg’s water system will be fixed finally – been a problem Scott’s entire life. o Fromberg water/sewer system also being upgraded. It was put in in 1962.  Bridger: interlocal agreement with County and doing paving on 3rd Street. 20 Page 11  County: 2 new bridges going in. 100-year-old bridges will become two-lane and can handle semis. Will finish in Nov/Dec.  Fromberg-Bridger Road – another bridge going across Bluewater and will be much safer.  FEMA has been pretty good to us with the natural disasters. But personal and citizens haven’t fared as well because the process is such a nightmare.  Fires on mountain: will be 20 years before it’s all cleaned up. Issues with washouts when it rains. Brent Moore is helping with some mitigation plans. o 3 fires in one day last week. The firefighters are doing a great job. o DES and road crews are working so well together.  Port Authority: Resolution to have a Carbon County Port Authority will be completed soon. Will allow them to do airports, bridges, land, buildings, industrial parks – stuff the government doesn’t have to regulate and the County can regulate with the Port Authority Commission. Citizens will sit on the board and it should work out great. Should be in place by end of this year.  Montana Pro Rodeo Hall of Fame – big banquet on Oct. 5th at Billings Convention Center o 650 people usually attend, many of the “famous” rodeo folks o Bill Pullman will be inducted (actor) o Scott’s family is being inducted into one part of it – Montana Ranch Families Hall of Fame or something like that. Congrats, Scott! o Elected officials are invited, and anyone else, please come – it supports the county o Oct. 5th 2:00-midnight, banquet at 5:00 pm – call Scott for help or google to get tickets. Scott Miller motioned to adjourn the meeting. Tina seconded. Motion carried. Meeting adjourned at 2:23 pm. Revolving Loan Fund Books- October 2024 Loan Client Review County # of loans $ Loan Balances Big Horn 2 $ 192,044.00 Stillwater 2 $ 182,652.65 Yellowstone 13 $ 924,611.92 Carbon 3 $ 349,879.96 Sweet Grass 2 $ 135,718.63 Total: 23 $ 1,784,907.16 •One loan paid off in Yellowstone and another one in Sweetgrass county.•BRCD closed on IRP funding, now with BSED funding 1.25m is available for loans up to $400,000 in communities with less than 50,000.•BRCD applied for Brownfields RLF.•FY 2023 Audit complete 21 Page 12 Bank Balances as of October 31, 2024, Total available for lending Bank of Joliet- RMAP $ 106,298.94 $ 106,298.94 $250,000 (still waiting to be drawn down) Bank of Joliet – RMAP LOAN LOSS $ 8,010.07 $ 0.00 Bank of Joliet EDA $ 20,359.14 $ 20,359.14 Bank of Joliet-CDBG $ 19,032.58 $ 19,032.58 Bank of Joliet- IRP $ 746,624.17 $ 746,624.17 Bank of Joliet-Fromberg $ 31,583.94 $ 31,583.94 Bank of Joliet-BSED $ 500,000.00 $ (New IRP MATCH) Available: $ 923,898.77 (RMAP waiting to be drawn down) $ 250,000.00 (IRP waiting to be drawn down) $ 1,250,000.00 $ 2,423,898.77 Restricted Accounts Principal amounts paid back FIB – SSBCI 2.0 $ 148,621.00 $ 5,684.30 BOJ- SSBCI 2.0 $ 79,651.50 $ 9,089.69 October 2024 Beartooth Books 2024 Income 2024 Budget Actual AG-FOOD AND AG CENTER 60,000 61,636 SPECIALTY CROP BLOCK 58,166 56,006 FARM -TO- SCHOOLS 1,200 3,751 REAP 5,000 7,800 BOARD - EDA SPONSOR DUES 56,979 56,023 BOARD-INTEREST INCOME 750 450 BOARD-FOUNDATION MONEY 3,300 3,676 RLF-ORIG FEES 5,000 2,918 RLF-RMAP TA 12,500 7,434 BROWNFIELD 19,250 12,107 CRDC 71,000 59,096 EDA - GRANT 70,000 70,000 22 Page 13 RCAC 25,000 3,821 RCDI ( Big Horn) 2,800 2,227 RCDI (Red Lodge) 2,800 1,717 Pass- Through 81,155 Restricted SSBCI and loan Interest 52,962 393,745 482,779 Expenses for 2024 TOTAL STAFF EXPENSE 261,534 215,578 COMMUNICATIONS 8,000 12,012 EQUIPMENT & VEHICLE 6,000 7,110 CONTRACTUAL 25,000 66,088 INSURANCES 7,000 5,651 RENT/ UTILITIES 10,000 5,972 SUPPLIES 10,000 17,216 TRAVEL 15,000 4,080 for FY23 Audit 20,000 EXPENSE TOTAL 362,534 333,708 Restricted SSBCI and loan Interest 52,962 96,109 Statement Ending: 10/31/2024 Checking Account: $132,458.17 unrestricted cash Restricted cash in checking for CGWG & JOJ $13,652.07 $118,806.10 Savings Account: $65,688.01 Building Account: $4,488.53 Beartooth RC&D Staff Project Update November FOOD AND AG DEVELOPMENT CENTER PROJECTS 23 Page 14 Beartooth FADC Beartooth FADC assisted clients with USDA VAPG applications for GTA Business and Marketing and REAP grants. Beartooth FADC continues to work on farm to school with the Carbon County Extension to start a Harvest of the Month program in schools and promoting local beef in schools. Beartooth FADC has continued to work with partners to do outreach to businesses in our region. Beartooth worked with the Department of Agriculture to promote the Growth Through Ag grant opportunity with the pre application deadline of October 31st, Beartooth FADC assisted 5 applicants. Growth Through Ag Projects and USDA Projects Derek Eaton Location- Billings, MT Contact- Derek Eaton Derek was raised on a family cattle ranch and has been working on utilizing AI technology to allow those interested in purchasing livestock from producers to be processed an app for smart phones that would allow producers to list livestock for sale live and allow for the customer to also choose a transportation option to a local processor and have the finished product shipped to them. Beartooth FADC assisted Derek in developing a GTA application for the development of this opportunity. Rodi Farms Location- Laurel, MT Contact-Carah Ronan Carah was referred to us to assist her in applying for RSFI funding to expand her business of fresh cut flowers and some fresh vegetables she operates on her family’s grain farm near Laurel, MT. Their business was not successful in with their application, but we have assisted them in developing an Impact Grant for Women owned businesses. Beartooth has also assisted the business with a GTA application for a delivery vehicle and cooler for their new processing and aggregation location. Smurai Sue’s Location- Red Lodge, MT Contact-Asano Otsu Asano started her small bakery and ready to eat meals in 2018 initially selling them in the Moon Lake Market attached to her processing location. The business now markets her breads and pizza crusts as well as ready to eat pizzas at the local grocery store and online orders. She and her husband are now building a larger new location to expand her business and Beartooth FADC has worked with her to develop a GTA Business and Marketing Grant and an RFSI grant for expanding her online presence and sales and purchasing equipment. She received $8,000 in Business and Marketing Grant funds from the Department of Agriculture; she is now interested in applying for the full GTA grant in October for equipment to go in their new processing plant. Asano is applying for the full GTA grant fo r equipment to finish her new processing location. 24 Page 15 Greycliff Mill Location- Big Timber, MT Contact- Micah Bowden The Greycliff Mill near Greycliff, MT is developing their own processing location for their Cattle and Buffalo on their small ag operation. Beartooth FADC assisted Micah Bowden in developing a GTA application for a smoker to be used in their small processing operation. Yellowstone Valley Farm Contact-Reuben Stahl Location-Laurel Reuben Stahl has a family greenhouse business growing basil and selling to FSA and Sysco, he would like to add another greenhouse to keep up with increased demand this last year. Beartooth RC&D assisted Reuben with developing a Growth Through Ag application for his greenhouse expansion. Becky’s Berries Location- Absarokee, MT Contact- Becky Stahl Beartooth FADC has been assisting Becky Stahl with her new line of mustards, she has developed a new label and is now marketing them. Working with MMEC we have helped Becky take a tour of Kings Cupboard in Red Lodge to see his equipment some of which she may be investing in at some point in the future. She and her son-in-law Shane worked with Beartooth FADC on developing a GTA grant. S Ranch Meats Location- Custer, MT Contact- Hannah Knutson S ranch meats is a family owned and operated beef business. The ranch operates a 6000 head ranch and developed a USDA meat processing plant in Hardin, MT. They have developed their own line of packaged meats sold at local restaurants and through Facebook and word of mouth marke ting. Beartooth FADC has been working with USDA VAPG specialists to assist the business in applying for $250,000.00 in operating funds to expand their direct-to-consumer branded beef business. They have received the VAPG funding for the 2024 year. Beartooth FADC staff with MMEC representatives visited their facility in September and discussed other potential funding opportunities. Rebel Head Kombucha Location-Billings, MT Contact- Cassandra Harr 25 Page 16 Cassandra has been making small batches of Kombucha in her location in Billings, MT but has needed certified alcohol testing from a qualified lab, she now has that to complete the necessary state licensing then she will begin growing her business, Beartooth FADC has discussed funding opportunities for her business including GTA that she may take advantage of in the future. On Going Projects Black Beard Broncos Location- Worden Contact- Mike Queyrel Mike owns Black Beard Broncos fabrication shop in Worden and Beartooth FADC assisted him in applying for REAP funds for his existing shop to add solar panels in an effort to reduce his energy bills. Mountain View Hutterite Colony Location- Acton, MT Contact- Ike Kleinsasser The mountain view colony has one of the largest egg production operations in the state they supply eggs to the Billings area Walmart’s, Albertsons and other retail stores. Beartooth FADC assisted them ten years ago with a Growth Through Ag Grant for a delivery truck and now they are needing a new egg processing and packaging equipment that would allow them to expand their output by more than double. They were looking at a GTA and are working with MMEC on a low interest automation loan but are now looking for lower cost improvements we will continue to visit to see if they will be purchasing an egg processing system. Yellowstone Pasta Location- Billings, MT Contact-Henry Kennah Henry is a former chef for Jakes in Billings that started making fresh pasta using Montana hard red durum wheat. He was referred to us by our SBDC partners Kayla and Lorene. Beartooth FADC worked with Henry to develop a Growth Through Ag grant and loan application to expand, their application was successful, and they will received $50,000.00 for this project. Stovall Ranch and Yellowstone Feeders Location- Yellowstone County Contact- Turk Stovall The Stovall family are generational beef producers in Yellowstone County they have grown their operation to include two sizeable Feedlots and sell Certified Angus Beef as well as having their own branded beef 26 Page 17 products sold direct to consumer. Beartooth FADC talked with the business about the potential use of the REAP program for their expansion plans as well as USDA VAPG for their direct beef sales business. They are also looking at the USDA Supply Chain Guaranteed Loans. Beartooth assisted this business with an ARPA Ag Infrastructure grant and are now working with them on a REAP application for solar panels and an anaerobic digester on a new feedlot expansion. Speedy and Flo’s Sweet Corn Location- Hardin, MT Contact-Flo Ramirez Beartooth FADC worked with Flo Ramirez and his wife; they started growing fresh produce and sweet corn for local sales over ten years ago on a one-and-a-half-acre garden plot. Their business has grown, and they now raise 25 acres of sweet corn and have a 4-acre garden, they sell all of their fresh produce at locations in Hardin, several in Billings, Joliet, Miles City and Absarokee, Miles City as well as in northern Wyoming. Beartooth FADC assisted Flo in developing his application for the Business and Marketing Grant for new bags for the corn that have their logo and Facebook information on them. After purchasing the new bags Beartooth FADC assisted Flo in applying for a GTA program for the development of their greenhouse and retail location, they were successful and will receive $50,000.00 for this project. The new greenhouse is completed and will be utilized next year to grow more produce and increase the profitability of their family business, building a great business in Hardin, MT. Oswald Farms Location- Joliet, MT Contact- Melissa Oswald Oswald Farms operates a generational ag operation that raises cattle feeds them, has them processed at a local USDA plant and sells their own branded beef products to local restaurants and locally through Facebook. They have developed their own retail location to sell their meat products and other local foods and it is located near the intersection of highway 310 and 312 both heavily traveled roads. Beartooth FADC has been working with USDA personnel with the business to apply for a Value Added Producer Grant for $250,000.00 to expand their direct to consumer beef business. Oswald Farms application has been selected for funding these operating funds will help them grow their direct beef sales business and their new retail store. They have recently looked at applying for the ARPA Ag Infrastructure Grant. Beartooth FADC Outreach S Ranch Meats- Hardin, MT Speedy and Flo’s – Hardin, MT 27 Page 18 Economic Development Director Report Big Horn County – Housing Needs Assessment Study  Ayres and Tina Toyne (Coordinators)  Framing the Study  In -Depth Interviews with Community Partners  Survey for Community Members Brownfield RLF Grant Application  Application for RLF submitted successfully for $1MM  Used KSU Tab for Grant Application  Submitted for Review and Implemented the feedback before finally submitting the application (Due on Nov 14th) Introduction to Community Partners  Big Horn County  REAP Program Meetings  Prospera Impact Grant for Women i90 Fitness (Stillwater County)  Montana Photonics and Quantum - Prospera Business Network Participation in Community Events  Business on Broadway | Small Business Summit (Oct 17th) Website Improvements and Planning  Creation of Web Strategy for better communication (In Works) Frequently Used Acronyms 28 Page 19 BIA – Bureau of Indian Affairs BLM – Bureau of Land Management BRCD – Beartooth RC&D BSEDA – Big Sky Economic Development Association BSTF – Big Sky Trust Fund CDBG – Community Development Block Grant CRDC – Certified Regional Development Corporation CEDS – Comprehensive Economic Development Strategy CTEP – Community Transportation Endowment Program EDA – Economic Development Administration EDD – Economic Development District FADC- Food and Ag Development Center GIS – Geographic Information Systems GPS – Global Positioning System GTA- Growth Through Ag Grant and Loan HOME – Montana Home Investment Partnerships Program HUD – US Department of Housing and Urban Development IRP – Intermediary Relending Program LESA – Land Evaluation Site Assessment MBOI – Montana Board of Investments MDOA- Montana Department of Agriculture MDOC – Montana Department of Commerce MDOL – Montana Dept. of Labor MDOT – Montana Dept. of Transportation MDFWP – Montana Dept. of Fish, Wildlife and Parks MEDA – Montana Economic Developers Association MMEC- Montana Manufacturing Extension Center NADO – National Association of Development Organizations NHS – Neighborhood Housing Services NRCS – Natural Resource Conservation Service RBDG – Rural Business Development Grant RC&D – Resource Conservation & Development RCDI – Rural Community Development Initiative RD – Rural Development (a division of USDA) RCPP- Regional Conservation Partnership Program REAP- Rural Energy for America Program RLF – Revolving Loan Fund RMAP- Rural Micro entrepreneur Assistance Program SBA – Small Business Administration SBDC – Small business Development Center SSBCI- State Small Business Credit Initiative TIFD – Tax Increment Finance District TSEP - Treasure State Endowment Program USDA – United States Department of Agriculture USFS – United States Forest Service LSL- Lead Service Lines 29 File Attachments for Item: 5. Budget/Finance Committee Minutes of 11.12.2024. 30 31 32 File Attachments for Item: 6. Park Board Minutes of November 7, 2024. 33 MINUTES CITY OF LAUREL PARK BOARD THURSDAY, NOVEMBER 07, 2024 5:30 PM COUNCIL CONFERENCE ROOM 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. Meeting called to order at 5:31 by Chairman Irv Wilke with Richard Klose, Paul Kober, Tom Canape, Evan Bruce and Jon Rutt in attendance. No Public Input General Items 1. LPB minutes October 3, 2024: Richard Klose made a motion to approve the minutes from October 3, Tom Canape seconded and motion passed. New Business 2. White Buffalo Foundation Playground – Nothing 3. Matt Wheeler email regarding gazebo in the park by the chamber, splash park and sprinkler systems, volunteer Riverside Park. - Jonathan Gotschall and Bridger Fournier from the Laurel Volunteer Fire Department presented information on the proposed Gazebo under construction in Fireman’s Park. It will be octagonal, and the Gazebo was purchased at Costco with no city funds. This is being funded by the Firemen. The purpose is to provide cover during Santa’s Workshop. Discussion followed about the project not being brought to the Park Board or City Council until now, that maybe it may not be insurable by the city and designed for public purposes. Tom Canape made a motion to approve the project as long as it will be accepted by the insurance company meet all building codes. Richard Klose seconded the motion, and it was approved. The City Council will be informed of the project as soon as possible. The LVFD has a Fire Danger Today sign they would like to install in Fireman’s Park. Jon Rutt made a motion to allow the placement of this sign as long as the MTDOT was okay with placement. Evan Bruce seconded the motion. Motion passed. Old Business 4. Other parks in Laurel - None 5. American Legion Building at Riverside Park – No changes, Veteran’s Day will be honored with a 5 PM social at the building on Monday November 11. 6. Riverside Park - Lead cleanup – Riverstone Health will conduct soil samples to compile a report for future use of the area. 7. Riverside Hall - Lions Club – New windows are going to be replaced in the spring, new front door was donated by the Laurel Shooting Sports group, and the facility is being rented more now. Paul Kober asked about calculating the capacity of the hall and Kurt Markegard will work with Jason from the building department to get numbers for Riverside Hall and the American Legion Building. Other Items The Skate Park Group is contemplating dissolving and the funds raised will need to be returned or applied to a similar project. 34 Announcements 8. LPB next meeting is December 5, 2024 at 5:30 pm. 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. 5100, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West F irst Street, Laurel, Montana. Meeting was adjourned at 6:30 Submitted by Jon Rutt 35 File Attachments for Item: 8. Resolution No. R24-93: A Resolution Of The City Council Approving Amendments To Appropriations And Revenues For The City Of Laurel’s Fiscal Year 2023-2024 Budget. 36 R24-93 Approve Budget Amendments (Splash Park) RESOLUTION NO. R24-93 A RESOLUTION OF THE CITY COUNCIL APPROVING AMENDMENTS TO APPROPRIATIONS AND REVENUES FOR THE CITY OF LAUREL’S FISCAL YEAR 2023-2024 BUDGET. WHEREAS, the City of Laurel (hereinafter “the City”) adopted all revenues and appropriations for Fiscal Year 2023-2024 on September 5, 2023; WHEREAS, it is necessary to amend certain budgets as required by Mont. Code Ann. § 7-6-4006(3) and (4); and WHEREAS, the increase in appropriations and revenues are due to various donations for the Splash Park Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council hereby directs the Clerk-Treasurer to amend the budget as reflected on the attached Exhibit “A” in order to comply with Mont. Code Ann. § 7-6-4006(3) and (4); and BE IT FURTHER RESOLVED that the above amendments are retroactive to June 30, 2024. Introduced at a regular meeting of the City Council on the _____ day of November 2024, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of November 2024. APPROVED by the Mayor the _____ day of November 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 37 R24-93 Approve Budget Amendments (Splash Park) ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 38 EXHIBIT A Budget Amendment Fiscal Year 2023-2024 Fund 2701 – Memorial/Endowment (Splash Park) Original Appropriation $ 93,435.00 Amended Appropriation $ 276,454.67 Increase in Appropriation: $ 180,052.87 Increase Appropriation for Splash Park from unanticipated revenues through various donations. ____________________________________ Fund 2701 – Memorial/Endowment (Splash Park) Original Revenues $ 0 Amended Revenues $ 180,052.87 Increase in Revenues: $ 180,052.87 Increase Revenue from various donations for Splash Park Project. 39 File Attachments for Item: 9. Resolution No. R24-94: A Resolution Of Intent To Increase The City Of Laurel’s Water And Sanitary Sewer Rates And Charges To Become Effective On January 10, 2025 And Setting A Date And Time For A Public Rate Hearing. 40 R24-94 Approve Water and Sanitary Service Rate Changes RESOLUTION NO. R24-94 A RESOLUTION OF INTENT TO INCREASE THE CITY OF LAUREL’S WATER AND SANITARY SEWER RATES AND CHARGES TO BECOME EFFECTIVE ON JANUARY 10, 2025 AND SETTING A DATE AND TIME FOR A PUBLIC RATE HEARING. WHEREAS, the current water and sanitary sewer rates and charges in effect at the present time are not adequate to provide revenues with which to defray the increased costs of operation, maintenance, and capital of the City’s water and sanitary sewer distribution facilities and systems; WHEREAS, the provision of the water and sanitary sewer systems and facilities is essential to the preservation of the public’s health and welfare; WHEREAS, the new rates, must before taking effect, be approved by the City Council after advertising and conducting a public rate hearing pursuant to the City’s Charter at Article I, Section 1.03(2) and MCA Section 69-7-111; WHEREAS, current budgetary requirements with respect to the operation of said facilities in addition to on-going and future projects require the proposed rates to become effective on or about January 10, 2025, to enable the City to proceed as expeditiously as possible to accomplish the objectives herein above recited; and WHEREAS, pursuant to its Charter and Montana law, the City Council has determined that a public rate hearing must be advertised and held to gather documents, testimony, and other evidence regarding the proposed increases in water and sanitary sewer rates and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA: 1. That the City Council considers it both advisable and necessary to increase the municipal water and sanitary sewer rates and charges for all users and proposes to increase the rates and charges as specifically contained on the rate and charge schedule marked “Exhibit A” that is attached hereto and hereby incorporated into this Resolution by reference. 2. That a public rate hearing shall be held on December 10, 2024, at 6:30 p.m. in the City Council Chambers, at City Hall, Laurel, Montana, for the purpose of gathering and receiving testimony, input, and comments from all interested or affected users, citizens, persons, associations, corporations and/or companies. 3. Notice of the public rate hearing shall be published once a week for three consecutive weeks in the Yellowstone County News, a newspaper that conforms 41 R24-94 Approve Water and Sanitary Service Rate Changes to the requirements of MCA § 7-1-4127, and the first such publication shall not be more than twenty-eight (28) days prior to the hearing and the last publication shall be not less than three (3) days prior to the hearing, in a form substantially similar to the Notice of Public Hearing marked and attached hereto as “Exhibit A”. 4. Additionally, the notice of the public rate hearing shall be mailed at least seven (7) days and not more than thirty (30) days prior to the hearing to all persons who are served by the City’s utilities. The notice shall contain an estimate of the amount the customer’s average monthly bill will increase. Introduced at a regular meeting of the City Council on the _____ day of ___________________, 2024 by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the _____ day of ___________________, 2024. APPROVED by the Mayor on the _____ day of ___________________, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 42 The City Council carefully considered these changes. A public hearing to share more information about these rates is scheduled for December 17, 2024, with a vote on the proposed rates within 30 days. The results of the rate study recommended a change to how we charge for water. The water rates structure will change to prioritize affordable and equitable rates, and encourage water efficiency. We’re moving to a tiered water rate structure. Under this model, the cost per gallon increases as usage rises, which encourages conservation and ensures that high water users contribute more to support the system’s additional capacity needs. Many customers may find themselves in the higher tiers during the summer months and in the lower tier during the winter months. These rate changes are a necessary step towards achieving a balanced and efficient rates structure and will ensure we can continue providing safe and reliable water and sewer services for generations to come. We appreciate your support as we continue to work to be a stronger and more resilient water utility and community. The following page includes details of the new rates structure. Note that our billing system is not changing, only our rates are. If you have any questions about these new rates or would like assistance with understanding your bill, please contact our customer service team at (406) 628-4796. Sincerely, XX Dear Customer, We are reaching out to inform you about important updates to the City of Laurel's water and wastewater rates, based on a recent comprehensive rate study. Our rates need to be updated to address several key issues, including: O U R P R I O R I T I E S Fairness Affordability Revenue Stability Minimized Customer Impacts Increasing operational costs; the City has not increased rates since 2015, and since then, our costs have increased Urgent maintenance and upgrades for our aging infrastructure Ensuring every customer covers the cost of their water and sewer service Long-Term Planning 43 Indoor Use 4,000 Gallons of Water 3,000 Gallons of Wastewater Average Use 6,000 Gallons of Water 3,000 Gallons of Wastewater Summer Use 15,000 Gallons of Water 3,000 Gallons of Wastewater Water: Monthly Increase of $0.10 Sewer: Monthly Increase of $9.54 Total Change: $9.64 Water: Monthly Decrease of $0.74 Sewer: Monthly Increase of $9.54 Total Change: $8.80 Water: Monthly Increase of $0.94 Sewer: Monthly Increase of $9.54 Total Change: $10.20 EXAMPLES OF THREE RESIDENTIAL CUSTOMERS WITH 3/4" METERS WITH DIFFERENT WATER AND WASTEWATER USAGE AND ANTICIPATED IMPACTS ON THEIR BILLS Water Monthly Minimum Charge/Base Charge, $ per Bill Meter Size Existing Proposed Inches 3/4" 1" 1.25" 1.5" 2" 3" 4" 6" 10" $32.61 $56.11 $85.57 $121.86 $215.28 $478.86 $852.82 $1,915.49 $5,291.82 $32.61 $56.11 $85.57 $121.86 $215.28 $478.86 $852.82 $1,915.49 $5291.82 Volume Rate $ per 1,000 gallons Threshold Existing Proposed Residential 0 - 1,000 1,001 - 5,000 5,001 - 10,000 10,001 - 20,000 Over 20,000 $0.00 $2.86 $2.86 $2.86 $2.86 $2.17 $2.17 $2.71 $3.26 $4.34 Includes capital charge of $8 per EDU Commercial 0 - 1,000 Over 1,000 $0.00 $2.86 $3.27 $3.27 Industrial 0 - 1,000 Over 1,000 $0.00 $2.86 $4.02 $4.02 Water Rates Structure For more information, call (406) 628-4796 Sewer Rates Structure Meter Size Existing Proposed Inches 3/4" 1" 1.25" 1.5" 2" 3" 4" 6" Multi $29.24 $52.34 $81.29 $116.96 $208.77 $467.84 $835.39 $1,879.84 $29.27 $29.24 $52.34 $81.29 $116.96 $208.77 $467.84 $835.39 $1,879.84 $29.27 Rate, $ per Kgal Rate, $ per Kgal All Usage $5.27 $8.45 Includes capital charge of $10.00 per EDU 44 File Attachments for Item: 10. Resolution R24-95: A Resolution Of The City Council Directing The City Of Laurel Mayor To Recommend Appointment Of A Chief Administrative Officer And To Negotiate A Written Contract For Approval By The City Council. 45 R24-95 Direct Recommendation of CAO by Mayor RESOLUTION NO. R24-95 A RESOLUTION OF THE CITY COUNCIL DIRECTING THE CITY OF LAUREL MAYOR TO RECOMMEND APPOINTMENT OF A CHIEF ADMINISTRATIVE OFFICER AND TO NEGOTIATE A WRITTEN CONTRACT FOR APPROVAL BY THE CITY COUNCIL. WHEREAS, the Charter for the City of Laurel (hereinafter “the City”) allows for the appointment of a Chief Administrative Officer, specifying as follows: Section 3.10 Chief Administrative Officer 1. There may be a chief administrative officer appointed by written contract the terms of which shall be negotiated by the mayor for approval by the city council. The term of the contract shall not exceed two years unless specifically extended or renewed by majority vote of the council. The chief administrative officer shall serve under the direct supervision of the mayor and shall perform those duties delegated to the officer by the mayor. The chief administrative officer may exercise such supervisory authority as may be delegated in writing by the mayor and approved by resolution of the council. The chief administrative officer shall not have the authority to terminate any city employee, that authority being reserved to the mayor. WHEREAS, the City has employed various different individuals as Chief Administrative Officers in the past, who have served under the direction of the Mayor; WHEREAS, pursuant to the Charter for the City, the Mayor may delegate various duties to a Chief Administrative Officer; WHEREAS, the City believes that it is reasonable and appropriate to, upon the recommendation of the Mayor, appoint a Chief Administrative Officer; and WHEREAS, pursuant to the Charter for the City, the Mayor may negotiate terms of a written contract for a Chief Administrative Officer to be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council hereby directs the Mayor to recommend the appointment of a Chief Administrative Officer and to negotiate the terms of a written contract for that Chief Administrative Officer to be approved by the City Council. 46 R24-95 Direct Recommendation of CAO by Mayor Introduced at a regular meeting of the City Council on the _____ day of November 2024, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of November 2024. APPROVED by the Mayor the _____ day of November 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 47 48 MEMORANDUM REGARDING BENEFITS OF EMPLOYING A CHIEF ADMINISTRATIVE OFFICER A Chief Administrative Officer (CAO) is an important role in many cities and municipalities. The CAO is typically a senior executive who manages the day-to-day operations of the City’s government, reporting directly to the Mayor. Below are some of the significant benefits of a City having a Chief Administrative Officer: 1. Streamlined Governance and Decision-Making Centralized Leadership: The CAO acts as the central point of contact for all administrative operations within the City government. This centralized leadership helps streamline decision- making and ensures that policies and directives are consistently implemented across departments. Consistency and Efficiency: By having a single individual overseeing the daily operations of the City, the CAO can reduce duplication of efforts, resolve inter-departmental conflicts, and ensure a unified vision is executed across various City functions. 2. Professional Management of City Operations Executive Expertise: The CAO typically has extensive management experience and expertise . This professional background helps ensure that the City is run efficiently and that public services are delivered in a manner that is both effective and accountable. Operational Focus: While elected officials, such as the Mayor or City council, are responsible for setting policy and strategic direction, the CAO focuses on implementing those policies. This professional management helps ensure that the City’s operations run smoothly and that daily governance is not bogged down by political cycles or micromanagement. 3. Improved Accountability and Transparency 49 Clear Reporting Structure: The CAO acts as a key figure who provides transparent reporting on the City's operations, fiscal health, and performance metrics. The CAO is typically responsible for preparing reports and updates for the City Council and Mayor, making it easier to track progress and identify issues in real time. Accountability to Elected Officials: The CAO helps ensure that the City's administration is accountable to elected officials (e.g., Mayor, City council). They report to these elected leaders about operational outcomes, ensuring that decisions are based on accurate data and effective performance metrics. 4. Improved Fiscal Management Budget Oversight: One of the critical responsibilities of the CAO is overseeing the City’s budget. By managing the budget preparation process, ensuring cost-effective allocation of resources, and identifying areas for financial improvement, the CAO helps ensure that the City's financial resources are used efficiently and in accordance with strategic priorities. Long-Term Financial Planning: The CAO is also responsible for ensuring long-term fiscal health, including planning for future capital projects, managing City debt, and working on sustainable revenue generation strategies. 5. Crisis Management and Risk Mitigation Crisis Leadership: In times of emergency or crisis (natural disasters, economic downturns, public health issues), the CAO plays a crucial role in coordinating responses across City departments, allocating resources effectively, and ensuring that the City can respond to emergencies quickly and efficiently. Proactive Risk Management: By overseeing all departments and operations, the CAO can help identify potential risks to the City, such as financial mismanagement, security threats, or operational inefficiencies, and implement strategies to mitigate these risks. 6. Strategic Planning and Long-Term Vision Implementing Policy Goals: While elected officials set the policy agenda, the CAO is responsible for translating these goals into actionable plans. The CAO works with various departments to align operational efforts with the City’s long-term strategic objectives, ensuring that policy initiatives are carried out effectively. Fostering Innovation: The CAO’s role often involves driving innovation within City operations. This could mean improving service delivery, implementing new technologies, or finding creative solutions to problems like housing shortages, infrastructure issues, or environmental sustainability. 50 7. Improved Service Delivery and Public Satisfaction Better Public Services: With a CAO managing the day-to-day operations, City services (e.g., public safety, parks, public health) are better coordinated, and the focus is on customer satisfaction. The CAO ensures that services are not only delivered efficiently but also with a focus on responsiveness and quality. Citizen-Centric Approach: The CAO can help establish systems that focus on continuous improvement of service delivery based on community feedback, thereby increasing citizen satisfaction. 8. Personnel and Organizational Development Human Resources Oversight: The CAO plays a significant role in managing the City's workforce, overseeing hiring practices, employee training, development, and retention. Effective human resources management helps ensure that the City employs qualified professionals who are aligned with the City’s values and objectives. Cultural Leadership: The CAO helps set the tone for the culture of the City government, emphasizing values such as transparency, efficiency, accountability, and responsiveness. They work to create an organizational culture that supports these values, ultimately improving the effectiveness of the City government. 9. Improved Collaboration and Coordination Across Departments Cross-Departmental Collaboration: Many City functions (e.g., planning, public works, emergency response services, transportation, library services) require coordination between different departments. The CAO plays an important role in fostering inter-departmental collaboration and resolving conflicts that may arise between departments. Breaking Down Silos: The CAO's oversight can help eliminate silos between departments, ensuring that all City services are aligned towards common goals, such as improving quality of life or addressing challenges for citizens. 10. Political Stability and Continuity Buffer Between Politics and Administration: The CAO can act as a buffer between political leadership and administrative functions. This is especially important in cities where political leadership changes frequently (e.g., through elections), as the CAO provides continuity in governance and ensures that long-term City operations are not disrupted by political transitions. Stability in Government: The CAO ensures that the day-to-day functioning of the City remains stable, even as elected officials change or policy priorities shift. This provides stability for employees, residents, and stakeholders who rely on consistent governance. 51 11. Enhanced Public-Private Partnerships Engagement with the Private Sector: The CAO can help foster productive relationships between the City government and private companies, non-profits, and other external stakeholders. These partnerships can lead to more innovative solutions, better resource allocation, and enhanced service delivery in areas like infrastructure, development, or economic growth. Leveraging Resources: With a CAO in place, a City can more effectively identify opportunities for collaboration with the private sector to fund and execute large-scale public projects, such as public transportation, affordable housing, or urban renewal. Conclusion In summary, a Chief Administrative Officer (CAO) brings significant benefits to a City by providing professional, efficient, and coordinated management of day-to-day operations. This role enables better decision-making, improved service delivery, financial oversight, crisis management, and long-term strategic planning. By overseeing the implementation of policies, managing resources effectively, and fostering collaboration across departments, the CAO helps ensure that the City functions smoothly, remains financially sustainable, and is able to meet the needs of its citizens. 52 STATISTICS REGARDING CITIES/TOWNS IN THE STATE OF MONTANA THAT UTILIZE CHIEF ADMINISTRATIVE OFFICERS/CITY MANAGERS  128 Cities/Towns in the State of Montana  112 Cities/Towns in the State of Montana have consolidated forms of government, employing a traditional Mayor/Council form, that allows the appointment of a City CAO or City Manager  Representative examples of Cities presently utilizing CAOs/City Managers: o Polson o Helena o Whitefish o Hamilton o Columbia Falls o Miles City o Great Falls o Livingston o Belgrade o Bozeman o Billings o Kalispell o Lewistown o Harlowton o Libby o Missoula o Butte 53 RESOLUTION NO. R11 -107 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE CHIEF ADMINISTRATIVE OFFICER POSITION BETWEEN THE CITY OF LAUREL AND HEIDI JENSEN. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The contract negotiated between the City of Laurel and Heidi Jensen for the Chief Administrative Officer position is accepted and hereby approved. A copy is attached hereto for convenience. Section 2: Execution. The Mayor and City Clerk - Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the City. Introduced at a regular meeting of the City Council on October 4, 2011, by Council Member Poehls PASSED and APPROVED by the City Council of the City of Laurel this 4 day of October, 2011. APPROVED by the Mayor this 4 day of October, 2011. CITY 0 LAUREL enneth E. Olson, Jr., s eryor ATTEST: i L • L c-c- 6.4- a Shirley Ewan, Clerk - Treasurer Approved as to fo 66A)LeLe— aeL a7...,, Sam Painter, Legal Counsel Elk River Law Office, P.L.L.P. R11 -107 Chief Administrative Officer Contract 54 EMPLOYMENT CONTRACT Chief Administrative Officer This employment contract is made and effective this 4th day of October, 2011, by and between the City of Laurel, Montana, hereinafter referred to as "City" and Heidi Jensen, hereinafter referred to as the "Employee." When the term "parties" is utilized in this contract, the term means the "City and Employee ", jointly. In consideration of their mutual promises set forth herein, the parties hereby agree as follows: 1.Employment. City hereby employs Employee in accordance with Article III, Section 3 of the City's Charter and Employee hereby accepts such employment, upon the terms and conditions set forth in this written contract of employment. The Parties intend to create a written contract of employment in accordance with MCA §39 -2- 912(2) and therefore agree that this contract and the City's Job Description attached hereto constitutes the entire agreement between the Parties and that no oral promises, representations or warranties have been made or are an enforceable part of this contract. 1.1 Employee shall serve as the City's Chief Administrative Officer "CAO." The City has classified the position as an exempt /non -union position as contained in the Job Description attached hereto and incorporated herein. Employee shall commence employment as CAO on October 5, 2011. 1.2 Employee shall perform the essential duties and responsibilities contained in the attached Job Description and shall report directly to the City's Mayor. 2.Salary. City shall compensate Employee as follows: 2.1 City shall pay Employee for her services rendered pursuant hereto an annual base salary of $67,500 per year, payable in installments at the same time as other employees of the City are paid. The City shall contribute $85.00 to Employee's 457 Deferred Compensation Plan on a monthly basis. Employee is eligible for an increase in the base salary provided herein equal to any increase in salary the City provides its other non -union employees during fiscal years subsequent to 2011 -2012. 2.2 Expenses: City recognizes that certain expenses of a non - personal and generally job - affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay reasonable expenses and the City Clerk, upon approval by the Mayor, is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 2.3 Taxes: All payments made to and on behalf of Employee under this contract are subject to withholding of any required federal, state or local income and employment taxes. 3.Term. 3.1 The term of this contract shall be for five (5) years commencing the date 1 55 provided herein, after execution by the Parties and subject to the approval of the City Council. 3.2 Nothing in this contract shall prevent, limit or otherwise interfere with the authority of the Mayor to terminate the services of Employee at any time, subject only to the provisions set forth in Section 7, Paragraphs 7.1 through 7.5, of this contract. 3.3 Nothing in this contract shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with City, subject only to the provision set forth in Section 7, Paragraphs 7.4 and 7.6 of this contract. 3.4 Employee agrees to remain in the exclusive employ of City and to not accept any other employment or to become employed by any other employer unless termination is affected as hereinafter provided. The term "employ and/or employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's time off. 4.Suspension. The Mayor may suspend the Employee in accordance with the City's Personnel Policy Manual at any time during the term of this contract. 5.Benefits. The City shall provide Employee the same benefits provided its other non- union employees under the City's Personnel Policy Manual and as required by applicable state and federal law. 6.Representations and Warranties. Employee represents that he /she shall attain and maintain the standard of personal and professional conduct required by City; the resume and/or employment application furnished to City are true and accurate in all respects, are not misleading, and do not omit the provision of any material information; that the education and experience of Employee is as stated in the resume and/or application; that Employee is in good health; that Employee knows of no present condition which now or in the future may adversely affect his/her health or his/her ability to perform his/her job; and that Employee has fully disclosed to City all facts which are material to City's decision to employ the Employee. 7.Termination of Employment. 7.1 This contract and Employee's employment immediately terminate upon Employee's death or finding or determination of a disability that prevents the Employee from performing the essential duties and responsibilities of the City's CAO. 7.2 If the Mayor terminates Employee without cause and Employee is willing and able to perform his/her duties under this contract then City shall pay Employee a severance payment equivalent to four months of Employee's salary. Employee shall also be compensated for all accrued and remaining leave in accordance with Section V of the City's Personnel Policy Manual. City shall comply with all IRS rules and regulations governing severance pay and tax withholding requirements. However, if Employee is terminated "for cause" or voluntarily resigns his/her employment the City has no obligation to pay the severance sum provided in this paragraph. 2 56 For cause means any legitimate business reason, or as otherwise defined by Montana law. 7.3 During the effective date of this contract, if City involuntarily reduces Employee's salary or otherwise refuses to comply with any provision of this contract that benefits Employee, he /she, at his /her option, may elect to be considered terminated without cause entitling him/her to the severance payment provision contained in paragraph 7.2. 7.4 If Employee resigns following a formal suggestion by the Mayor that he /she resign for no cause, Employee, may at his/her option, elect to be considered terminated at the date of such suggestion entitling him/her to the severance payment provision contained in paragraph 7.2. 7.5 If City's Mayor terminates Employee without cause at any time during the six 6) months subsequent to the seating and swearing -in of a newly elected Mayor while Employee is willing and able to perform his duties under this contract, Employer shall pay the severance sum provided in paragraph 7.2 above. 7.6 If Employee voluntarily resigns his/her position with City he /she must provide the City with thirty days advance notice, unless the parties otherwise agree in writing. 7.7 If Employee's termination results from death, disability or cause, City's final compensation to Employee is limited to payment for services rendered to date and payment for any accrued and remaining leave in accordance with Section V of the City's Personnel Policy Manual. 8.Confidentiality. Employee acknowledges that during his/her course of employment, he /she might obtain and gather confidential information regarding the City's operations or employees. Employee further acknowledges that all confidential information is the City's property and in no event shall Employee disclose such information to any person or entity unless disclosure is requested by the City or required by law. 9.Performance Evaluation. The Mayor shall review and evaluate the performance of Employee at least once annually. Each evaluation must be performed on or before June 1 of each year or as otherwise practicable. The review and evaluation shall be in accordance with specific criteria developed jointly by the Mayor and Employee. Criteria may be added or deleted as the Mayor may from time to time determine necessary and proper, in consultation with the Employee. Prior to June 1s` of each year, or as otherwise agreed between the Employee and the Mayor, Employee shall provide the Mayor a self - evaluation based upon mutually agreed upon goals and performance objectives. The Mayor shall personally review the evaluation with the Employee and provide Employee an adequate opportunity to discuss the evaluation with the Mayor. 10. Professional Development. City shall budget and pay for the travel and subsistence expenses of Employee for short courses, instates and seminars that are necessary for his/her professional development for the good of the City, if funding is available. The City desires Employee join and participate in local organizations including but not limited to the local Rotary Club and Laurel's Chamber of Commerce. City shall pay Employee's membership 3 57 dues to encourage such membership and attendance. 11. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under its Charter or any applicable law or ordinance. 12. Other Terms and Conditions of Employment. The Mayor, in consultation with the Employee, shall fix other terms and conditions of employment, as they may determine necessary from time to time, relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this contract, the City's Charter, Ordinances or any other applicable law. 13. Indemnification. City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties. City may compromise and settle any such claim or suit and will pay the amount of any settlement or judgment rendered thereon. The obligations of City under this section shall not apply if 13.1 The conduct of Employee complained of constitutes oppression, fraud or malice, or for any reason does not arise out of the course and scope of Employee's employment; or, 13.2 The conduct of Employee complained of constitutes a criminal offense as defined under Montana law; or, 13.3 Employee compromised or settled the claim without the consent of City; or, 13.4 Employee fails or refuses to cooperate reasonably in the defense of the case. 14. Availability. Employee acknowledges that the CAO must be available by either cell or telephone after work hours in cases of emergency. Employee shall provide the Mayor and appropriate department heads her contact information for after hour emergency notifications. The City does not require the CAO to be on -call, simply available by telephone if an emergency should arise for purposes of notification. 15. Miscellaneous. This Contract contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This Contract may be changed only by an agreement in writing signed by the party against whom any waiver, change, amendment or modification is sought. This Contract shall be construed and enforced in accordance with the City's Charter, Ordinances and applicable laws of the State of Montana. 16. Personal Contract. The obligations and duties of the Employee hereunder shall be personal and not assignable to any person or entity, although the contract is binding and shall inure to the benefit of Employee's heirs and executors at law. 4 58 17. Notices. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Services, postage prepaid, addressed as follows: 1) CITY: Office of the Mayor, P.O. Box 10, Laurel, MT 59044; and 2) EMPLOYEE: Heidi Jensen, 3040 Central Avenue, Unit D -303, Billings, MT 59102 18. Renegotiation. The Parties may commence negotiation of a subsequent employment contract six (6) months prior to the expiration of this employment contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. CITY 0 LAUREL yor EMPLOYEE: kl Heidi Jensen ATTEST: / LC/ y Shirley Ewan, Clerk- Treasurer APP OVED AS TO Fi RIVI: 4._____S. City Attorney 5 59 RESOLUTION NO. R08-72 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE CHIEF ADMINISTRATIVE OFFICER POSITION BETWEEN THE CITY OF LAUREL AND WILLIAM SHERIDAN. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Anbroval. The contract negotiated between the City of Laurel and William Sheridan far the Chief Administrative Officer position is accepted and hereby approved. A copy is attached hereto for convenience. Section 2: Execution. The Mayor and City Clerk-Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the City. Introduced at a regular meeting of the City Council on July 1, 2008, by Council Member Stam er PASSED and APPROVED by the City Council of the City of Laurel this 15t day of July, 2008. APPROVED by the Mayor this 1 ~` day of July, 200$. CITY F LA REL enneth E. Olson, J ., Mayor ATTEST: R08-72 Chief Administrative Officer Contract Elk River Law Office, P.L.L.P. 60 EMPLOYMENT CONTRACT Chief Administrative Officer This employment contract is made and effective this 1st day of July 2008 by and between the City of Laurel, Montana, hereinafter referred to as "City" and William Sheridan, whose address is currently 303 South Solaz Boulevazd, Billings, Montana hereinafter called the "Employee." When used herein the term "parties" means the "City and Employee", jointly. In consideration of their mutual promises set forth herein, the parties hereby agree as follows: 1. Employment. City hereby employs Employee in accordance with Article III, Section 3 of the City's Charter and Employee hereby accepts such employment, upon the terms and conditions set forth in this written contract of employment. The Parties intend to create a written contract of employment in accordance with MCA §39-2-912 and therefore agree that this contract and the City's Job Description attached hereto constitutes the entire agreement between the Parties and that no oral promises, representations or warranties have been made or are an enforceable part of this contract. 1.1 Employee shall serve as the City's Chief Administrative Officer "CAO." The City has classified the position as an exempt/non-union position as contained in the Job Description attached hereto and incorporated herein. Employee shall commence employment as CAO on July 1, 2008. 1.2 Employee shall perform the essential duties and responsibilities contained in the attached Job Description and shall report directly to the Mayor. 2. Sa_, 1Sry. City shall compensate Employee as follows: 2.1 Salary for the period July 1, 2008 to June 30, 2009: City shall pay Employee for his services rendered pursuant hereto an annual base salary of $72,500 per yeaz, payable in installments at the same time as other employees of the City aze paid. 2.2 Salary for the period July 1, 2009 to June 30, 2010: City shall pay Employee for his services rendered pursuant hereto an annual base salary of $75,000 per year, payable in installments at the same time as other employees of the City are paid. Employee is entitled to an increase in the base salary provided herein equal to any increase in salary the City provides its other non-union employees during fiscal year 2009-2010. 2.3 Extaenses: City recognizes that certain expenses of anon-personal and generally job-affiliated nature are incurred by Employee, and hereby agrees to reimburse ar to pay reasonable expenses and the City Clerk, upon approval by the Mayor, is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 2.4 Taxes: All payments made to and on behalf of Employee under this contract are subject to withholding of any required federal, state or local income and employment taxes. 61 62 has no obligation to pay the aggregate severance sum provided in this paragraph, Far cause means any legitimate business reason. 7.3 During the effective date of this contract, if City involuntarily reduces Employee's salary or otherwise refuses to comply with any provision of this contract that benefits Employee, he, at his option, may elect to be considered terminated without cause entitling him/her to the payment provisions contained in pazagraph 7.2. 7.4 If Employee resigns following a formal suggestion by the Mayor that he/she resign for no cause, Employee, may, at his option, elect to be considered terminated at the date of such suggestion entitling him/her to the payment provisions contained in pazagraph 7.2. 7.S If City's Mayor terminates Employee at any time during the six (6) months subsequent to the seating and swearing-in of a newly elected Mayor while Employee is willing and able to perform his duties under this contract, Employer shall pay the sum provided in paragraph 7.2 above. 7.6 If Employee voluntarily resigns his position with City he must provide the City with thirty days advance notice, unless the parties otherwise agree in writing. 7.7 If Employee's termination results from death, disability or cause, City's fmal compensation to Employee is limited to payment for services rendered to date and payment for any accrued and remaining leave in accordance with Section V of the City's Personnel Policy Manual. Confidentiality. Employee acknowledges that during his course of employment, he/she might obtain and gather confidential information regazding the City's operations ar employees. Employee further acknowledges that all confidential information is the City's property and in no event shall Employee disclose such information to any person or entity unless disclosure is requested by the City or required by law. 9. Performance Evaluation. The Mayor shall review and evaluate the performance of Employee at least once annually, Each evaluation must be performed on or before June 1St of each year. The review and evaluation shall be in accordance with specific criteria developed jointly by the Mayor and Employee. Criteria may be added or deleted as the Mayor may from time to time determine necessary and proper, in consultation with the Employee. Prior to June 1St of each year, Employee must provide the Mayor aself-evaluation based upon mutually agreed upon goals and performance objectives. The Mayor shall personally review the evaluation with the Employee and provide Employee an adequate opportunity to discuss the evaluation with the Mayor. 10. Professional Develoument. City shall budget and pay for the travel and subsistence expenses of Employee for short courses, instates and seminars that are necessary for his professional development for the good of the City, if funding is available. The City desires Employee join and participate in local organizations including but not limited to the local Rotary Club and Chamber of Commerce. City shall pay Employee's membership dues to 3 63 encourage such membership and attendance. 11, Bonding. City shall beaz the full cast of any fidelity or other bands required of the Employee under its Charter or any applicable law or ordinance. 12. Other Term_ s and Conditions of Emntovment. The Mayor, in consultation with the Employee, shall fix other terms and conditions of employment, as they may determine necessary from time to time, relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this contract, the City's Charter, Ordinances or any other applicable law. 13. Indemnification. City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties. City may compromise and settle any such claim or suit and will pay the amount of any settlement or judgment rendered thereon. The obligations of City under this section shall not apply if: 13.1 The conduct of Employee complained of constitutes oppression, fraud or malice, or for any reason does not arise out of the course and scope of Employee's employment; or, 13.2 The conduct of Employee complained of constitutes a criminal offense as defined under Montana law; or, 13.3 Employee compromised or settled the claim without the consent of City; or, 13.4 Employee fails or refuses to cooperate reasonably in the defense of the case. 14. Residence. Employee shall reside within the City limits of the City of Laurel when he/she obtains an acceptable home to rent or purchase. 15, Miscellaneous. This Contract contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This Contract may be changed only by an agreement in writing signed by the parry against whom any waiver, change, amendment ar modif cation is sought. This Contract shall be construed and enforced in accordance with the City's Charter, Ordinances and applicable laws of the State of Montana. 16. Personal Contract. The obligations and duties of the Employee hereunder shall be personal and not assignable to any person or entity, although the contract is binding and shall inure to the benefit of Employee's heirs and executors at law. 4 64 17. NOtiCes. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Pastal Services, postage prepaid, addressed as follows: 1) CITY: Office of the Mayor, P.Q. Box 10, Laurel, MT 59044; and 2) EMPLOYEE: 303 South Solar Boulevard, Billings, Montana 59102 1$. Renegotiation. The Parties may commence negotiation of a subsequent employment contract six (6) months prior to the expiration of this employment contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. CITY OF LAUREL ayor EMPLOYE: illiam Sheridan ATTEST: Mary K. bleton, Clerk-Treasurer 65 I *a 01 -MI) R" 9 [130500M N BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval.. The contract negotiated between the City's Mayor and Matthew R. Lurker, Sr. for the Chief Administrative Officer position is accepted and hereby approved. A copy is attached hereto for convenience. Section 2: Execution. The Mayor and City Clerk -Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the City. Introduced at a meeting of the City Council on June 19, 2018, by Council Member MrGee PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 19'h day of June 2018. CITY OF LAUREL Thomas C. Nelson, Mayor BeBa e ,ng(A rk-Treasurer APPROVE AS TO FORM: Sam Painter —Civil -City Attorney R18-34 Chief Administrative Officer Contract 66 Chief Administrative Officer This employment contract is made and effective this 20th day of June, 2018 by and between the City of Laurel, Montana, hereinafter referred to as "City' and Matthew R. Lurker Sr., hereinafter referred to as the "Employee." When the term "parties" is utilized in this contract, the term means the "City and Employee," jointly. In consideration of their mutual promises set forth herein, the parties hereby agree as follows: 1 Employment. City hereby employs Employee in accordance with Article III, Section 3 of the City's Charter and Employee hereby accepts such employment, upon the terms and conditions set forth in this written contract of employment. The parties intend to create a written contract of employment in accordance with MCA §39-2-912(2) and therefore agree that this contract and the City's Job Description attached hereto constitutes the entire agreement between the parties and that no oral promises, representations or warranties have been made or are an enforceable part of this contract. 1.1 Employee shall serve as the City's Chief Administrative Officer "CAO." The City has classified the position as an Exempt/Non-Union Position as contained in the Job Description attached hereto and incorporated herein. Employee shall commence employment under this Contract upon approval by the City Council. 1.2 Employee shall perform the essential duties and responsibilities contained in the attached Job Description and shall report directly to the City's Mayor. 1.3 The CAO shall not be reassigned from the position of City CAO to another position without the CAO's prior express written consent. 2 Salary. City shall compensate Employee, as an Exempt Non -Union Salary Employee as follows: 2.1 City shall pay Employee for services rendered pursuant hereto an annual salary in the sum of $73,000 payable in equal installments at the same time as other employees of the City are paid. Employee shall serve a six-month (180 calendar day) probation period. Upon successful completion of the probation period, Employee's annual salary shall increase to 78,000 for the Exempt Position. Employee thereafter is eligible for an annual increase on the anniversary of the Employee's start date of this Contract. Employee's annual increase shall be calculated at 1.5% of the then current salary of the Employee. 2.2 Expenses: City recognizes that certain expenses of a non -personal and generallyjob- affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay reasonable expenses and the City Clerk, upon approval by the Mayor, is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 67 2.3 Taxes: All payments made to and on behalf of Employee under this contract are subject to withholding of any required federal, state or local income and employment taxes. 3 Term. 3.1 The term of this contract shall be for four (4) years commencing the date the City Council approves the contract. The City Council may extend or renew the contract as desired. 3.2 Nothing in this contract shall prevent, limit or otherwise interfere with the authority of the Mayor to terminate the services of Employee at any time, subject only to the provisions set forth in Section 7, Paragraphs 7.1 through 7.5, of this contract. 3.3 Nothing in this contract shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the position with City, subject only to the provision set forth in Section 7, Paragraphs 7.4 and 7.6 of this contract. 3.4 Employee agrees to remain in the exclusive employ of City and to not accept any other employment or to become employed by any other employer unless termination is affected as hereinafter provided. The term "employ and/or employed" shall not be construed to include occasional teaching, writing, consulting or military (Reserve, National Guard, or Auxiliary) service performed on Employee's time off. Provided that, with the prior written consent of the Mayor, Employee may continue outside professional employment (i.e. family business) which shall not in any way interfere with the performance of the city CAD's duties. 4 Suspension. The Mayor may suspend the Employee in accordance with the City's Personnel Policy Manual at anytime during the term of this contract. Notice of suspension shall be made by the Mayor, in writing, identifying the start and end dates of suspension and reason for suspension. 5 Benefits. The City shall provide Employee the following benefits: 5.1 The City shall provide Employee the same benefits provided its other non-union exempt employees under the City's Personnel Policy Manual, as amended, and as required by applicable state and federal law. 6 Representations and Warranties. Employee represents that he/she shall attain and maintain the standard of personal and professional conduct required by City; the resume and/or employment application furnished to City are true and accurate in all respects, are not misleading, and do not omit the provision of any material information; that the education and experience of Employee is as stated in the resume and/or application; that Employee is in good health; that Employee knows of no present condition which now or in the future may adversely affect his/her health or his/her ability to perform his/her job; and that Employee has fully disclosed to City all facts which are material to City's decision to employ the Employee. 2 68 7 Termination of Employment. 7.1 This contract and Employee's employment immediately terminate upon Employee's death or finding or determination of a disability that prevents the Employee from performing the essential duties and responsibilities of the City's CAO. 7.2 If the Mayor terminates Employee without cause and Employee is willing and able to perform his/her duties under this contract then City shall pay Employee a severance payment equivalent to four (4) calendar months of Employee's then current salary. Employee shall also be compensated for all accrued and remaining vacation leave, computed on an hourly basis determined by dividing the Employee's then current annual salary by 2080 hours, and in accordance with the City's Personnel Policy Manual. City shall comply with all IRS rules and regulations governing severance pay and tax withholding requirements. However, if Employee is terminated "for cause" or voluntarily resigns his/her employment the City has no obligation to pay the severance payment provided in this paragraph. Employee shall receive payment for any remaining vacation balance as described in this paragraph. For cause means any legitimate business reason, or as otherwise defined by Montana law. 7.3 During the effective date of this contract, if City involuntarily reduces Employee's salary or otherwise refuses to comply with any provision of this contract that benefits Employee, he/she, at his/her option, may elect to be considered terminated without cause entitling him/her to the severance payment provision contained in paragraph 7.2. 7.4 If Employee resigns following a formal suggestion by the Mayor that he/she resign for no cause, Employee, may at his/her option, elect to be considered terminated at the date of such suggestion entitling him/her to the severance payment provision contained in paragraph 7.2. 7.5 If City's Mayor terminates Employee without cause at anytime during the six (6) calendar months subsequent to the seating and swearing-in of a newly elected Mayor while Employee is willing and able to perform his duties under this contract, Employer shall pay the severance sum provided in paragraph 7.2 above. 7.6 If Employee voluntarily resigns his/her position with City he/she must provide the City with thirty (30) calendar days advance notice, unless the parties otherwise agree in writing. 7.7 If Employee's termination results from death or disability, City's final compensation to Employee is limited to payment for services rendered to date and payment for any accrued and remaining vacation leave in accordance with Section V of the City's Personnel Policy Manual 7.8 If Employee's termination results from cause, Employer's final compensation to Employee is limited to payment for services rendered to date in accordance with Section V of the City's Personnel Policy Manual, and payment for any accrued and remaining vacation leave calculated at the then current salary. 69 7.9 Conditioned upon the City fulfilling its obligations to pay the Severance Amount, the Severance Benefits and the Current Obligations, upon a Unilateral Severance, the CAO waives and releases the CAO's rights to continued employment with the City and the parties waive and release the right to a hearing on the issue of good cause. In the event of a Unilateral Severance, the parties agree not to make disparaging comments or statements about each other. 8 Confidentiality. Employee acknowledges that during his/her course of employment he/she might obtain and gather confidential information regarding the City's operations or employees. Employee further acknowledges that all confidential information is the City's property and in no event shall Employee disclose such information to any person or entity unless disclosure is requested by the City or required by law. 9 Performance Evaluation. The Mayor shall review and evaluate the performance of Employee at least once annually. The review and evaluation shall be in accordance with specific criteria developed jointly by the Mayor and Employee. Criteria may be added or deleted as the Mayor may from time to time determine necessary and proper, in consultation with the Employee. Each year, on a date agreed between the Employee and the Mayor, Employee shall provide the Mayor a self-evaluation based upon mutually agreed upon goals and performance objectives. The Mayor shall personally review the evaluation with the Employee and provide Employee an adequate opportunity to discuss the evaluation with the Mayor. 9.1 In the event the Mayor determines that the evaluation instrument, format and/or procedure are to be modified, and such modifications would require new or different performance expectations, then the Employee shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated. 9.2 Unless the Employee expressly requests otherwise in writing, except to the extent prohibited by or in material conflict with Applicable Laws and Authorities, the evaluation of the Employee shall at all times be conducted in a meeting with the Mayor and shall be considered private to the maximum and full extent permitted by law. Nothing herein shall prohibit the Mayor or the Employee from sharing the content of the Employee's evaluation with their respective legal counsel. 10 Professional Development. City shall budget and pay for the travel and subsistence expenses of Employee for short courses, instates, certifications, and seminars that are necessary for his/her professional development for the good of the City, if funding is available. The City desires Employee join and participate in local organizations including, but not limited to, the local Rotary Club, Laurel Chamber of Commerce, Montana League of Cities and Towns, Great Open Spaces City Management Association, and the International City/County Management Association. City shall pay Employee's membership dues and annual conference fees to encourage such membership and attendance. 4 70 11 Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under its Charter or any applicable law or ordinance. 12 OtherTerms and Conditions of Employment. The Mayor, in consultation with the Employee, shall fix other terms and conditions of employment, as they may determine necessary from time to time, relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this contract, the City's Charter, Ordinances or any other applicable law. 13 indemnification. City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, costs and attorney's fees incurred in any legal proceedings, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties. City may compromise and settle any such claim or suit and will pay the amount of any settlement or judgment rendered thereon. The obligations of City under this section shall not apply if: 13.1 The conduct of Employee complained of constitutes oppression, fraud or malice, or for any reason does not arise out of the course and scope of Employee's employment; or, 13.2 The conduct of Employee complained of constitutes a criminal offense as defined under Montana law; or, 13.3 Employee compromised or settled the claim without the consent of City; or, 13.4 Employee fails or refuses to cooperate reasonably in the defense of the case. 14 Availability. Employee acknowledges that the CAO must be available by either cell or telephone after work hours in cases of emergency. Employee shall provide the Mayor and appropriate department heads his/her contact information for after hour emergency notifications. The City does not require the CAO to be on-call, simply available by telephone if an emergency should arise for purposes of notification. 15 Miscellaneous. This contract contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This contract may be changed only by an agreement in writing signed by the party against whom any waiver, change, amendment or modification is sought. This contract shall be construed and enforced in accordance with the City's Charter, Ordinances and applicable laws of the State of Montana. 16 Personal Contract. The obligations and duties of the Employee hereunder shall be personal and not assignable to any person or entity, although the contract is binding and shall inure to the benefit of Employee's heirs and executors at law. 17 Notices. Notices pursuant to this agreement shall be given in writing by deposit in the custody of the United States Postal Services, certified postage prepaid, addressed as follows: 5 71 If to CITY: Office of the Mayor, P.O. Box 10, Laurel, MT 59044; and s If to CAO: Matthew R. Lurker Sr., 4005 Pine Cove Rd., Billings, MT 59106 Notice shall be deemed delivered and received as of three business days after the date of deposit of such written notice in the course of transmission in the United States Postal Service. Either party may, from time to time by written notice to the other party, designate a different address for notice purposes. 18 Renegotiation. The Parties may commence negotiation of a subsequent employment contract six (6) months prior to the expiration of this employment contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. This contract is contingent upon its approval via Resolution of the City Council. EMPLOY Matthew R. Lurker Sr. CITY OF LAUREL / Tom C. Nelson, Mayor 72 73 74 75 76 77 78 79 80 81 82 83 84 MEMORANDUM REGARDING HISTORICAL BASIS FOR CHIEF ADMINISTRATIVE OFFICER POSITION Please see the attached historical information on Chief Administrative Office positions in the City of Laurel:  Perry Asher -- 8/22/2005-5/10/2007: This individual was retained to oversee Department Heads and function in the capacity as a CAO would, before the City of Laurel’s Charter contemplated a CAO position.  William Sheridan -- 12/17/2007: William was hired as the CAO for a period of time after his initial employment. Thereafter, the City Charter in the City of Laurel was amended to contemplate a formal CAO position. This change occurred in Year 2008. The following two individuals served in this position after 2008:  Heidi Jensen -- 10/29/2011-12/12/2017.  Matthew Lurker -- 6/20/2018-3/26/2019. 85