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Home My WebLink AboutCity Council Minutes 12.19.2017 MINUTES OF THE CITY COUNCIL OF LAUREL DECEMBER 19, 2017 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Mark Mace at 6:30 p.m. on December 19, 2017. COLJNCIL MEMBERS PRESENT: Emelie Eaton Doug Poehls Bruce McGee Richard Herr .�--_ Chuck Dickerson Scot Stokes Tom Nelson Bill Mountsier COLTNCIL MEMBERS ABSENT: None OTHER STAFF PRESENT: Bethany Keeler, Clerk/Treasurer Noel Eaton, City Planner Mayor Mace led the Pledge of Allegiance to the American flag. Mayor Mace asked the council to observe a moment of silence. MINUTES: Motion by Council Member Poehls to approve the minutes of the regular meeting of December 5, 2017, as presented, seconded by Council Member Baton. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. CORRESPONDENCE. • Laurel Chamber of Commerce: Minutes of November 9, 2017; Agenda for December 14, "" 2017. • WBI Pipeline reroute for CHS letter and documents. COUNCIL DISCLOSURE OF EX PARTE COMMUNICATIONS: None PUBLIC HEARING: None CONSENT ITEMS: • Claims for the month of December 2017 in the amount of$184,598.35. A complete listing of the claims and their amounts is on file in the Clerk/Treasurer's Office. • Clerk/Treasurer Financial Statements for the month of November 2017. • Approval of Payroll Register for PPE 12/3/2017 totaling$211,189.88 • Receiving the CommitteeBoard/Commission Reports into the Record. --Bud�et/Finance Committee minutes of December 5, 2017 were presented. _ --Council Workshop minutes of December 12, 2017 were presented. --City-County Planning Board minutes of October 5, 2017 were presented. --Citv-Countv Planning Board minutes of November 2, 2017 were presented. --Public Works Committee minutes of November 13, 2017 were presented. --Safetv Committee minutes of September 20, 2017 were presented. --Safety Committee minutes of February 24, 2016 were presented. Council Minutes of December 19,2017 --Safetv Committee minutes of December 13, 2016 were presented. --Safety Committee minutes of June 8, 2016 were presented. --Safetv Committee minutes of March 28, 2017 were presented. --Safetv Committee minutes of September 13, 2016 were presented. --Library Board minutes of November 14, 2017 were presented. --Librarv Board minutes of October 10, 2017 were presented. The mayor asked if there was any separation of consent items. There was none. Motion bv Council Member Eaton to approve the consent items as presented, seconded by Council Member Poehls. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. CEREMONIAL CALENDAR: None. REPORTS OF BOARDS AND COMMISSIONS: None. AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT): Noel Eaton, City Planner, stated that the Council received the final draft of the Master Plan. She asked the Council to review as this is on the next Workshop agenda. The Public Hearing will be held ' January 16, 2018. Bethany Keeler, Clerk/Treasurer, addressed the Council regarding statements in the previous week's ' newspaper. Her statement and supporting documents have been attached to these minutes. ' � SCHEDULED MATTERS: I • Confirmation of Appointments. ' Motion bv Council Member Herr to approve Wallace Hall to the Police Commission for a three year term ending December 31, 2020, seconded by Council Member Dickerson. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. • Elect Council President Motion by Council Member Mountsier to open nominations for the position of Council President and to nominate Emelie Eaton for Council President, seconded by Council Member Nelson. Mayor Mace asked three times if there were any other nominations. There were none. Motion bv Council Member Dickerson that nominations cease, seconded by Council Member McGee. A vote was taken on the motion. Motion carried 8-0. • Elect Council Vice President Motion bv Council Member Mountsier to nominate Bruce McGee for Council Vice-President, seconded by Council Member Poehls. '—' Mayor Mace asked if there were any other nominations. There were none. Motion by Council Member Dickerson that nominations cease, seconded by Council Member Nelson. A vote was taken on the motion. Motion carried 8-0. • Resolution No. R17-71: A Resolution By The City Council Of The City Of Laurel, Montana, To Modify The Procedure For Setting The Salary For The City Court Judge. Motion by Council Member McGee to approve Resolution No. R17-71, seconded by Council Member Nelson. There was no public comment. 2 Council Minutes of December 19,2017 Council Member Nelson stated that he will vote against this resolution. The City went through this process to create and approve a matrix. Taking it away needs further discussion. He stated he had talked with the Montana Local Government Center and was told Laurel is the only City that has issues with their judge. They have also given Laurel praise on how Laurel addresses issues and resolves them. He is hopeful the new Council will engage in further discussion to come to an amicable agreement on the pay structure for the judge. Council Member McGee stated he agrees with the City Attorney that to remove the Judge's matrix is a significant step backwards. He agreed there needs to be further discussion in the future regarding this topic. Council Member Poehls stated he felt that the Judge should negotiate their wage for the next election cycle and only negotiate once every four years. The matrix puts anyone running against the Judge at a disadvantage. He agreed the next Council will need to have further discussions regarding the Judge's wage. Council Member Dickerson stated that he agreed with Council Member Nelson, but that the Council has been approached on numerous occasions for a wage increase. He also agreed this issue needs to be addressed by the income Council. Council Member Stokes stated he will be voting against this resolution as the City Attorney stated making any changes to the Judge's wage matrix could open the City for a lawsuit. He agreed there needs to be further investigation before changing the matrix. Council Member Eaton stated that she brought this to the Council as it is the end of the year and Budget/Finance are losing all its members who were part of these discussions. This is a difficult matter to negotiate but nothing has been decided to the satisfaction of either side. A vote was taken on the motion. All eight council members present voted nay. Motion failed 0-8. • Resolution No. R17-72: A Resolution Of The City Council Accepting A Grant From The BNSF Railway Foundation As Applied For By The Laurel Volunteer Ambulance — Service. Motion bv Council Member Stokes to approve Resolution No. R17-72, seconded by Council Member Mountsier. There was no public comment. Council Member McGee stated that this grant did not go through the proper process. He does like the presented idea the proposed grant stated, however, it was not obtained properly. This project could create unforeseen budget expenses. He is hopeful this grant will be reapplied for properly so the Council can take another look at the proposed ideas. Council Member Nelson restated that the grant was not obtained correctly. He stated that the check was held for approximately 150 days before being given to the Clerk/Treasurer. The check is now void, while the City could request for the check to be reprinted it does not change the fact that the grant was obtained not following procedure. He also stated that there could be expense for graphics, equipment, uniforms, and training. It is also not clear what the City's insurance would require to maintain this program. The City would need to look at the expense over the life of the program. Council Member Dickerson stated that the grant is null and void because the funds are not valid. He suggested removing this item from this agenda and tabling until after the first of the year. Council Member Poehls stated that this grant did not go through the proper channels and did discuss — in Budget/Finance. Every Department Head needs to know the proper steps of this process to ensure it is addressed in a timely manner. Council Member Herr agreed with those on Council. He questioned how often the Ambulance would use this this system. Don't know enough about how this program will run and need additional time to answer these questions. Seconded to motion to table. Council Member Eaton stated the Council should vote on this matter and make a decision. The check is stale dated and will not benefit the City having another committee review. 3 Council Minutes of December 19,2017 Council Member Nelson agreed with Council Member Eaton to vote for the motion to pass this resolution. A vote was taken on the motion to table. There was not public comment or council discussion. All eight council members present voted nay. Motion failed 0-8. A vote was taken on the motion to approve Resolution No. R17-72. Council Member Herr voted aye. Council Members Poehls, Stokes, Mountsier, Nelson, Dickerson, McGee, and Eaton voted nay. Motion failed 1-7. _ • Resolution No. R17-73: Resolution Authorizing The Mayor To Execute An Agreement With Beartooth RC&D Economic Development District. Motion bv Council Member Dickerson to approve Resolution No. R17-73, seconded by Council Member Nelson. There was no public comment. Council Member Eaton stated that she was disappointed in the presentation by Beartooth RC&D. They are asking for more money and did not present anything they have done to bring new businesses to Laurel. In the past there has been a list of who had applied and who hadn't. Only listed ten year old information and working on the Master Plan for Riverside Park which had been presented by the City Engineers. Do not think the effort put forth is worth the money they are asking for. Did not see any benefit the City is getting from what was presented last week. Council Member McGee stated that there was more Beartooth RC&D has done. Last week's meeting was lengthy and this was towards the end of the meeting. There may have been things that were missed. Have seen things Beartooth RC&D is doing for the community, including helping with the Master Plan. Well worth the money the City contributes to help facilitate what they do do for us. A vote was taken on the motion. Council Members Poehls, Herr, Stokes, Mountsier, Nelson, Dickerson and McGee voted aye. Council Member Eaton voted nay. Motion carried 7-1. ' ITEMS REMOVED FROM THE CONSENT AGENDA: None. COMMUNITY ANNOUNCEMENTS (ONE-MINUTE LIMIT): None. COUNCIL DISCUSSIONc Council Member Eaton shared who will be on each committee meeting. The list has been shared with the Administrative Assistant. The Administrative Assistant will update and distribute the Committee List. She also reminded that the first meeting in January each committee will need to decide on a chair and co-chair. Council Member Mountsier read an excerpt from the Laurel Outlook's November 30, 2017 article entitled Mavor's Race Still Up in the Air written by Kathleen Gilluly, "Since the Nov. 7 election when voters ga�e Dave Waggoner a decisive win for the top job of mayor, the only discussion by the council has been how to void the results." Mayor Mace gave Kathleen Gilluly an opportunity to address the Council on the record. She offered to speak with Council Member Mountsier after the meeting. He questioned why she would not speak on the record. She stated there had been a few publications in between and that Council had not discussed accepting Dave Waggoner's election. Council Member Mountsier responded that this statement was offensive to Council and made it seem like the only thing the Council had done was override the election. .—. Mayor Mace stated that both he and the City Attorney met with Dave Waggoner to discuss how the City was moving forward. He has been invited to attend on January 2nd to be sworn in, but he would need to choose between his full time employment and the Mayor position. Anyone can run for Mayor as long as they know what the qualifications are, and should have ensured that he was notified. UNSCHEDULED MATTERS: The Council decided on a date for the Special meeting to appoint a Contingency Mayor prior to the start of the New Year. 4 Council Minutes of December 19,2011 Council Member Eatan questioned if the Special meeting could be held prior to the scheduled Workshop. Mayor Mace stated yes can meet before the next Workshop meeting. Council Member Poehls stated that he agreed the meeting should be held next Tuesday. ADJOURNMENT: Mation by Council Member Mountsier to adjourn the cauncil meeting, seconded by Councii Member Eaton. There was no public camment ar council discussion. A vate was taken on the —"' rnotian, All eight cauncil members present vated aye. Motian carried 8-Q. There being na further business to come before the council at this time,the meeting was adjaurned at 7;17 p.m. Brittn y Moo an, Administrative Assistant Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 2"d day of January, 2418. or ' Attest: ,_._ Bethany K eler, lerk/Treasurer ..... 5 Meeting notes December 19, 2017 I want to clear up any confusion regarding the false statements made by David Keyes in his"From the Publisher"article dated December 14, 2017. These statements are in regards to the departure of Chief Administrative Officer, Ms. Heidi Jensen from the City. Mr. Keyes stated "Her last day at the office was last Friday This statement is false as her last day in the office was not Friday 12/08—Her termination paperwork shows her last day as 12/12/17(this is in your packet),her timecard(which is approved by the Mayor) shows her fina/day worked as 12/12/17(this is in your packet). Her final check also shows tota/hours worked of 56 which corresponds to her approved timecard(a check reqisier is in your packet)! I myself worked in the o�ce with Ms.Jensen on the day of 12/12/2017. I'll continue with Mr. Keyes statements"The search for her replacement has started but as of today, she is still getting paid." Mind you this article was published 12/14/2017. As previously stated Ms.Jensen's employment with the City terminated on 12/12/2017.As of Wednesday, December 13th, Mrs.Jensen was no longer an employee of the City of Laurel and was not and is not receiving any salary or hourly wages. Again Mr. Keyes statement regarding my department, � specifically my payroll clerk Kelly Strecker, paying a terminated employee is a lie and very misleading to the public, and my coworkers. I do know that paying a terminated employee for hours not worked is fraud and I don't appreciate my department being accused of such. At no point in time has the Laurel Outlook contacted my department to ask if Ms.Jensen was still on the payroll. I feel they did not do their due diligence in reporting accurate facts to the public! The final statement I wish to address is Mr. Keyes sentence "We challenge our City leaders to make a clean break with the former CAO". This City currently has 1.5 million dollars being held by the State of Montana. This money pertains to the intake project and will be held until that project is closed out. The close out of this project is incredibly in depth due to the size and high dollar value of the project. Due to her 6 years' worth of working on this project, Ms.Jensen has the most knowledge on the project. Her knowledge of this project is vital to getting the close out completed and 1.5 million dollars from the State of Montana. The City currently has a small service contract in place that allows the City of contact Ms.Jensen regarding this close out. This small service contract is no different than others we've done for ex-employees like Shirley Ewan and Monica Plecker. These contract protect the City as well as the individuals but is not a contract for employment. I urge our City leaders to work with current, ex and future employees to get this project closed out and 1.5 million dollars released from the State of Montana. In closing I find Mr. Keyes statements to be not only completely false but in very poor taste and I challenge Mr. Keyes to apologize to my entire department, specifically my payroll clerk, Kelly Strecker, , for insinuating that she would ever do anything illegal and fraudulent. S 4 — Thursday, �e��m�e� �4, 2017 � J�rr� 1`�ter i� �t set �rif ._ _� p � �'�� i� Pub��h�� -- �4c BY �AVID KEYES a�. �� Lt� Laurel Outlook publisher �cp}� ��1'1 l�`�'U5'�" '�'�IX �� cu-4-s ¢or ��ie rich! � �� f �� i�g �� . ��r�� y� Z�� ,A.gew year and a new start can't come soon enough for the city mf I,aurel. ",,�,.�,.,,� �hlith only L�ro v�re�k�cemaining this calendar year here aze a few ' agenda items hanging fire: ,,, �1Vv decisusr on who is fhe town's mayor. 'aA�enbpt clt��e ofC�er tguts�afor�she wouid be � � �e�1�*w�v�is��e�ct ma.ya�Har 1�t day at tlrc c��w�la� `: „� g��l Ft�y.The ae�e6 fi��r��t��but as of t�oday,she ' � ros� ��t��ia. ' ,.. rnc�►rt�e °Ingake is�er�continue to get woase and will lilcely get more complicated as vNe mave it►t�7�ii$. �� , m�t ��ill in tt►e blan[c... `To b�:cl�ar,f.he ranTc and itie deparEm�nt heads,law et►forcement �� ;;s �Q�� ,� and employees are great.Vt�e aae lucky to have them and Laurel is bet�er�s��aetse+af t.�tei�&�,�ii�cati0�.��at vve aiso recognize their "� ability t�da their j�6s i�hant�es�d by tt�e issues that have haunted�he � �� d �` C1�0 for sever~al years as wekt a3 the larest mayor dust up. �1�� , � .. Laure�doserv�e�better. �� '�� ' As far as the mayor's race gpes,it is our belief t1�aC the candidate `� ,� �± vvith the most votes wins.Penod.The state h.a.�signed off on the �� t� �� resralts and eve�r vote w�s c�.ounted axu�'at�ky.�f thzre was widespread �3� �� „�! voter fraucb,voter su ressiun.,h,r��s, �P pp. hc3stages,etc�we c;an see why the cocrt�cut weuLi want tcr invest�gate. �ave Wr(aggoner,a eity employee,isn't the favorite c��veret.cixy �9� ��51'# : counciYmembers and fx►ey have suggested he has a confiicti of interest and wvn't seat Yiim. 2 ind'n�duaf a�come ia Io ttui�►eantixne,there is aa ad in the Outlook this week on Page 6, that us its headhine rea.-!s:Cicy of Laurel:MAYOit VACAPdCY. The ad says the eiCy[s"seek.it�x ce�afia�:enten�fssr F�ay�o�to fill �h� r��k� tr�at� �� m ,I a vttcancy be�r►g I:�ce.2.2t'd�8,throacgh late.6,2Q2(},�€te�which the position w�11 be�i��by�pec�n elecr,�#xa tfs�Ci�y's}�svember ' 7A19('ieneral E2�c�ios��'tbe reattar"ttiag turo-y�ar tee�x." �v�t since I termed out of the d&ead th�rest of fhe quattift�ti.acss irn ttite a�.'�d�&��ine is Dec. M�rett,acia House,I suffer a fecur- 22 a�5 p.m. � rin� ciream where T am chairing `� �11 a g�er.cac�has tot do i�I�ai�ar�oun�4�i s��mize tlYat Laurel has Ht�ttse 3�dz�ia�y and dureng a �� a tremE�tt�us£e�ur'e as iff rontine[�s to attrac��esidents and businesses, brief rc�cess,T disca�veg I am not �` � ��a� � . �� 'e�Cad g�d parRici{sat"[�n in tEte Yas�muni�ipat electiore s�it is wearin� �an.ts. Som�:�anes my � obtir%ous�,pl�ia�a c�ct s�guidis�g,tsheir�ute�r�. n�gh�are geaeiously allows rne i i�ie oe�r e�y�#a m�k�e s ck�n l�ncalc with tt�e to sneak out of Room 137 unno- f+�tmer C��,�a maycr in p�acr�i f�giat fa�a�f�ess i�frs�ervsxu�, ticed, but usually Montanans t,�te intake and tEce whole�csst a�otEiec c��talteages that await in.'�.€}P�. gathering to speak to the corn- 'Titt�is�'t oa v�s rid�oQ a�y of rt�se issu�. mietee su�f�r shock anat awe at �►�evv yr�ar,�n�w s�t faa�ceu.S4at�ds gcvo�f tas us. my sc�eial faux pas.I hate thase his stepping nakeci from a motel I�avid Iti.eye5 is pctb�lshe¢of tf�Iacz�?e�Ox��I�. dT��s• shower in the presence of a Contrary to my subconscious, young, struggling actress. Har- ��th �f��al� r��c�rt iner��$� ap�arently D.C, pe�litici.ans and vey Weinstein is not an attrac- `�.� mega-donor.s are not embar- tive man,certaia�ly no AI Frank- �� Y��i ��,1{,��`�$�(�'r rassed by personaE public na�ed- en,3ohn Conyers c�r Matt Lauer. �cd�a[e�6�ta��I�Z6ia:h��181v oE�t�°r�a�soas Eltz eta.�at��ti[tg ness. I suspect Chey ace fuily Por this to ha{�pen more than ; AY»:��+acF;�natt+�atc�4�S aasrrc:iutF.st;.cs�k i2inessesV iz�vesti.r.atins clothed in their ttightma�es and one�sugg�sts Yais bath time baat- �� eTimeTool - Web Based Timesheets made simple Page 1 of 1 .� back(/CitvOfLaureUtimeinfo%dit) Logged In As: Heidi Jensen:-Council-Mayor--0 Time Detail EMPLOYEE DATA: Name: Heidi lensen Hourly Rate: $0.00 " Employee ID: 12/4/2017 to 12/17/2017 �� Job ID: -- (Typ) 8.00 Location: Council & Mayor Generated By: Heidi Jensen On: 12-14-17 02:44:26 PM CALENDAR 04 05 06 07 08 09 10 11 12 13 14 15 16 17 REG - Regular Pay 8.00 8.00 8.00 8.00 8.00 3.00 Personal Time Used - PERS 8.00 5.00 TOTALS 8.00 8.00 8.00 8.00 8.00 0.00 0.00 8.00 8.00 0.00 0.00 0.00 0.00 0.00 SUMMARY DATA REG - Regular Pay 43.00 Personal Time Used - PERS 13.00 TOTAL HRS 56.00 https://www.etimetool.com/CityOfLaurel/timeinfo/report?dummy=dummy&undefined=true&tim... 12/14/2017 12/19/17 CITY OF LAUREL Page: 1 of 2 19:36:10 Payroll Worksheet Report. ID: PI.Oa Pay Date 12/22/17 1265 HEIDI JENSEN Vacation Earned 3.23 Total 202.78 Sick Time Earned 2.58 Total. 310.06 Personal Time Used 13.00 Pers. Time Earned 0.00 Tota.l 93.00 Comp. iime Balance 25.09 To[al. 25.04 Lonqevity 0.00 Amount: 523.25 Reqular Time 43.00 HrQ539.23000 $1686.84 Peraonal Time U 13.00 Hr@339.23000 5509.99 Curr. Employee Curr Employer YiD Employee YTD Employer Gross Pay 52,220.13 580,369.19 P.E.R.S. 51.75.39 51.88.05 56,350.70 $6,768.71 � Social Security $135.84 5135.89 59,996.89 59,946.89 Medicare 531.77 531.77 51,156.91 SI,156�.91. FTT 5284.20 512,647.4.7 SIT 596.00 53,758.00 Unempl. Tnsur. 50.00 55.55 50.00 5�160.62. Workers' Comp 50.00 58.56 SQ.00 $328.90 DEFERRED COMP 5135.00 585.P0 53,sia.ao $2�21Q.00 CAF 125-MEDICAL 529.16 5600.00 MEDICAL LIFE 50.00 53.00 50.00 572.00 BCBS S0.00 $901.76 50�.00 $9,59.8.09� � VSP - VISIAN 50.00 53.96 SQ.OQ SBQ.4& DELTA DENTAL 50.00 S18.fi5 SQ.00 5497.60 Ne[ Pay 51,332.77 $q7,q1g,Z2 � FIT/SIT Base 51,880.58 569,92&.49 Soc Sec Base 52,1.90.97 579,789.19 Medi.care Base. 52,190.97 S�9,789.19 WC Base S2,220.13 'rERS Bese $2,22"v.1.3 UN Ba.se. 52,220.13 II � I I , � 'Y'Ed�III�A1'EI) -lt�'�'I1tEI➢ENIPI.�YEE Employee Name: _ ' ;`` ,�," � . . . . _.�..�-.�-> .�.:.,�--�--��' Termination Date: { �.�'-� j" � . ./!Ty, l �•� . j Turned in keys: no yes to whom: Payroll authorization to terminate: :;� yes no � � Letter of resignation received: no �es/turned in to whom: ;' ° ��,�,��,�'�� Explain: `�-�1�� ;�tyf`i , Health Insurance -do they want to go on COBRA? yes no *� � ' Dental Insurance—do they want to go on COBRA �'�yes no -��` J-y "�'t : ��;;��:., VSP Vision—do they want to go on COBRA ��;' yes no �,�� ,�.%� �`� Terminate Life Insurance(a retiree can stay on and pay their own premium).'"�;��:;�f;:_�'�`•--; '�.i�:.A.i i^S'.::3.^..^..P.S—��:.A.)::'v.P.��^v.^..^�.^.:u.^,.�9RPhiS 3n:.1 t:.'a.::SfE'.:h��ljn�;f th��x�ant t�k�Prn, ;n� �s� Deferred Compensation—Need to contact ICMA for options ..- ��j ��'� �=;, Section 125 account—Wagner Will receive pay for: Regular hours Saved holiday on books Personal days on books Vacation payout '/<Sick payout � Saved comp hours ' Insurance company will send"Certificate of Creditable Coverage"to employee upon termination. , ryr � Final Check: -''�, mail hold at City Hall Forwarding address if different: I verify that all items listed above have been explained to me. �a � , — r' �, I ��; r, �� . ,d. ;�, , ?'� �,< J 1 _,_ � �X �: L..L '�JA 3v � � "'1 ��' Date: � '.�i r9� f �r Employee signgaiut,e ` P:/Payroll/Payroll Forms& Templates