BUTTE-SILVER BOW COUNCIL OF COMMISSIONERS REGULAR MEETING AGENDA WEDNESDAY, DECEMBER 05, 2018 7:30 PM COURTHOUSE COUNCIL CHAMBERS ROLL CALL PRAYER AND PLEDGE PUBLIC COMMENT ON ANY ITEMS ON THE CONSENT AGENDA APPROVAL OF THE MINUTES Meeting Minutes Regular Meeting Minutes November 20, 2018 ITEMS NOT ADDRESSED ON THE AGENDA CHIEF EXECUTIVE S REPORT SECTION 1 CONSENT AGENDA A. COMMITTEE REPORTS 1. COMMITTEE OF THE WHOLE MEETING REPORT 2. ECONOMIC DEVELOPMENT COMMITTEE MEETING REPORT 3. FINANCE & BUDGET COMMITTEE MEETING REPORT 4. PUBLIC WORKS COMMITTEE MEETING REPORT 5. JUDICIARY COMMITTEE MEETING REPORT B. COMMUNICATIONS 1. COMMUNICATION NO. 18-544 Mark Neary, Public Works Director requesting Council of Commissioners authorize the Chief Executive to sign the composting contract with Ueland Western Reclamation, Inc. 18-544.pdf 18-544 Contract.pdf 2. COMMUNICATION NO. 18-545 Karen Sullivan, Health Officer requesting Council of Commissioners allow time on the December 19, 2018 agenda for a presentation on a recently completed study titled, "Cancer in Silver Bow County." Hold in the Committee of the Whole pending presentation. 1 Page
18-545.pdf 3. COMMUNICATION NO. 18-546 Ed Lester, Sheriff requesting Council of Commissioners allow time on the agenda for a Public Hearing on December 19, 2018 to amend the Fiscal Year 2018-2019 Budget for Unanticipated Revenue from the Non-Federal Drug Forfeiture Agency Fund. Hold in the committee of the Whole pending Public Hearing. 18-546.pdf 4. COMMUNICATION NO. 18-547 Pat Holland, Government Buildings Manager requesting Council of Commissioners authorize the Chief Executive to sign the service contracts between Butte- Silver Bow and Hyalite Safety Systems to permit annual inspections of the fire control systems. 18-547.pdf 18-547 Contract.pdf 5. COMMUNICATION NO. 18-548 Doug Conway, Captain Butte Silver Bow Law Enforcement requesting Council of Commissioners approve the Chief Executive to sign the contractual agreement with the Housing Authority for the personnel costs of a police officer at that location not to exceed $78,500. 18-548.pdf 18-548 Agreement.pdf 6. COMMUNICATION NO. 18-549 Leslie Clark, Director Human Resources requesting Council of Commissioners concur and authorize the Chief Executive to sign the Collective Bargaining Agreement between the City-County of and the Butte Police Protective Association for the period of July 1, 2018 through June 30th, 2020. 18-549.pdf 18-549 Redline.pdf 18-549 Contract.pdf 7. COMMUNICATION NO. 18-550 R Edward Banderob requesting the Chief Executive ask the Butte Silver Bow Health Department-Environmental Health division to determine if there are airborne metals that pose a health risk to Citizens and look into the possibility of recommending an obtainable local airborne standard be created based on a commissioned study. Refer to the Chief Executive and place on file. 18-550.pdf 2 Page
8. COMMUNICATION NO. 18-551 Danette Gleason, Director Finance & Budget requesting Council of Commissioners approve seeking assistance from the County Attorney to amend the City-County of Municipal Code-Chapter 13.12-Solid Waste Management Facility. 18-551.pdf 9. COMMUNICATION NO. 18-552 Julia Crain, Superfund Data Administrator requesting Council of Commissioners authorize the Chief Executive to sign the State of Montana, Natural Resource Damage Program Contact No. 600181 Modification No. 7, which extends the term of the contract and designates a new NRDP liaison. 18-552.pdf 18-552 Contract.pdf 10. COMMUNICATION NO. 18-553 Karen Byrnes, Director Community Development requesting Council of Commissioners allow time on the December 12, 2018 agenda for a bid opening related to the Greeley Neighborhood Storm Water Infrastructure Upgrade. Hold in the Committee of the Whole pending bid opening. 18-553.pdf 18-553 Invite.pdf SECTION 2 ORDINANCES AND RESOLUTIONS FINAL READING 1. COUNCIL RESOLUTION NO. 18-57 A RESOLUTION LEVYING THE AMOUNT OF THE ASSESSMENT ON THE PROPERTIES INCLUDED IN SPECIAL TOURISM BUSINESS IMPROVEMENT DISTRICT NO. 1, WHICH WAS ESTABLISHED IN 2011 FOR THE PURPOSE OF PROMOTING TOURISM, CONVENTIONS, TRADE SHOWS AND TRAVEL TO THE CITY-COUNTY OF BUTTE-SILVER BOW, MONTANA AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. Resolution 18-57.pdf 2. COUNCIL RESOLUTION 18-58 A RESOLUTION REQUESTING APPOINTMENT OF SPECIAL DEPUTY PROSECUTORS FROM THE PROSECUTOR'S SERVICES BUREAU OF THE DEPARTMENT OF JUSTICE AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. Resolution 18-58.pdf 3. COUNCIL RESOLUTION NO. 18-59 A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE MENDED PLAT OF LOT 19 OF THE RIDGE VIEW II SUBDIVISION OF THE CITY AND COUNTY OF BUTTE-SILVER BOW, STATE OF MONTANA; PROVIDING FOR THE REPEAL OF ALL PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR 3 Page
AN EFFECTIVE DATE HEREIN. Resoution 18-59.pdf 4. COUNCIL RESOLUTION NO. 18-60 A RESOLUTION AUTHORIZING AND APPROVING THE TRANSFER OF THE REAL PROPERTY DESCRIBED ON EXHIBIT "A" TO THIS RESOLUTION TO MONTANA CRAFT MALT COMPANY, IN ACCORDANCE WITH THE PROVISIONS OF THE BUTTE-SILVER BOW MUNICIPAL CODE AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. Resolution 18-60.pdf Exhibit A.pdf PUBLIC COMMENT ON ANY PUBLIC MATTER NOT ON THE AGENDA CALENDAR OF OTHER MEETINGS AND EVENTS December 6, 2018, East Butte RRA, 9:00 am, 1st Floor Conference Room, ad hoc basis December 6, 2018, Civic Center, 12:00 pm, Civic Center Hospitality Room December 6, 2018, Zoning Board, 5:30 pm, Council Chambers December 10, 2018, Archives, 12:00 pm, Archives Center December 10, 2018, Fair Board, 6:00 pm, Perkins or HOPS Meeting Room December 11, 2018, Superfund Advisory (SARTA), 6:00 pm, Butte Justice Center December 12, 2018, Land Sales Committee, 1:30 pm, First Floor Conference Room December 12, 2018, Law Enforcement Commission, 4:00 pm, Chief Executive Conference Room December 12, 2018, Public Library Board, 5:00 pm, 3rd Floor, Library Bldg. December 13, 2018, Greenway Service District Board, 4:30 pm, Anaconda Comm. Service Bldg. December 14, 2018, TIFID, 12:00 pm, Business Development Center December 17, 2018, Parks & Recreation, 11:30 am, Butte Justice Center December 18, 2018, Urban Forestry Board, 1:00 pm, Business Development Center December 18, 2018, Public Housing Authority, 5:00 pm, New Deal Community Center December 18, 2018, Technical Review Committee, 1:30 pm, 3rd Floor, Water Building December 19, 2018, Parking Commission, 3:00 pm, Chief Executive Conference Room ADJOURN ECONOMIC DEVELOPMENT COMMITTEE MEETING Rescheduled to December 19, 2018 FINANCE & BUDGET COMMITTEE MEETING December 5, 2018 7:00 PM COURTHOUSE COUNCIL CHAMBERS 4 Page
Expenditure report for the week of November 28, 2018 was reviewed for the amount of $. COMMITTEE OF THE WHOLE MEETING REPORT November 28, 2018 TO THE HONORABLE CHIEF EXECUTIVE AND MEMBERS OF THE BUTTE-SILVER BOW COUNCIL OF COMMISSIONERS Ladies and Gentlemen, We, your Committee of the Whole Committee, respectfully recommend as follows: SECTION 1. PRESENTATION COMMUNICATION NO. 18-519 Dan Strizic, requesting Council of Commissioners allow time on November 28th at the Committee of the Whole meeting for Chief Executive Palmer to address how and when the Council will receive the information that will be needed to make critical decisions regarding Butte Priority Soils Consent Decree. Presentation held/place on file. 18-519.pdf 18-519 Questions.pdf SECTION 2. PRESENTATION COMMUNICATION NO. 18-535 Glen Rafish, Landfill Manager requesting Council of Commissioners allow time on the November 28, 2018 Agenda for a presentation on the Landfill Ordinance changes. Presentation held/place on file. 18-535.pdf 18-535 PowerPoint.pdf COMMUNICATIONS SECTION 1. COMMUNICATION NO. 18-372 Leslie Clark, Director of Human Resources requesting Council of Commissioner approve the newly negotiated classification system for the Butte Police Protective Association (BPPA). Note and place on file. 18-372.pdf 18-372 Wage Matrix.pdf SECTION 2. COMMUNICATION NO. 18-481 5 Page
R. Edward Banderob, President Greeley Neighborhood Community Development Corporation, Inc. requesting Council of Commissioners submit a letter to the EPA and Montana DEQ in support of the designation of the Greeley Neighborhood as a Separate East Side Soils (hybrid) Operative Unit. Refer to Superfund Advisory Division and hold in the Committee of the Whole. 18-481.pdf 18-481 Letter.pdf SECTION 3. COMMUNICATION NO. 18-500 Mark Neary, Public Works Director requesting Council of Commissioners allow time on the agenda on November 14, 2018 for a bid opening for two new AWD Motor Graders and a new Hydraulic Excavator. Place on file. 18-500.pdf SECTION 4. COMMUNICATION NO. 18-501 Jeff Miller, Director Fire Services requesting Council of Commissioners concur with request to grant permission to use a portion of public property located at the corner of Mercury and Idaho streets for a historical Memorial for all the victims of the "Great Disaster of 1895". 18-501.pdf 18-501 Picture 1.pdf 18-501 Pic 2.pdf SECTION 5. COMMUNICATION NO. 18-510 Jennifer Batterman, Citizen requesting Council of Commissioners authorize the purchase of land legally described as S24, TO3 N, R08 W, Star West #621 POR by the Estate of Paul Batterman. Cross reference with Communication 18-540 and Place on file. 18-510.pdf 18-510 Land Survey.pdf 18-510 Property record.pdf 18-510 Sale Contract.pdf 18-510 Tax Deed.pdf SECTION 6. COMMUNICATION NO. 18-523 Chief Executive Palmer requesting Council of Commissioners authorize him to sign a Purchase and Sale Agreement for the Hollow property to be used in the development of the new County Shops Facility. Hold in abeyance. 18-523.pdf 18-523 Agreement.pdf 18-523 Exhibit A.pdf 6 Page
SECTION 7. COMMUNICATION NO. 18-543 J. P. Gallagher requesting Council of Commissioners allow time on the agenda at the Committee of the Whole, December 12, 2018 meeting for a presentation regarding the Butte Silver Bow Parks & Recreation Department. Hold in the Committee of the Whole pending presentation. 18-543.pdf FINANCE & BUDGET COMMITTEE MEETING REPORT November 28, 2018 TO THE HONORABLE CHIEF EXECUTIVE AND MEMBERS OF THE BUTTE-SILVER BOW COUNCIL OF COMMISSIONERS Ladies and Gentlemen, We, your Finance and Budget Committee, respectfully recommend as follows: Expenditure report for the week of November 28, 2018 was reviewed for the amount of $857,061.49. Approved FINANCE & BUDGET COMMITTEE MEMBERS: Dan Foley, Chairman....Present Bill Andersen, Vice-Chair...Absent Dan Callahan... Present Jim Fisher....Present John Sorich....Present Michele Shea... Present PUBLIC WORKS COMMITTEE MEETING REPORT November 28, 2018 TO THE HONORABLE CHIEF EXECUTIVE AND MEMBERS OF THE BUTTE-SILVER BOW COUNCIL OF COMMISSIONERS Ladies and Gentlemen, We, your Public Works Committee, respectfully recommend as follows: SECTION 1. COMMUNICATION NO. 17-453 Dan Olsen, Commissioner, District No. 5, requesting Council of 7 Page
Commissioners have Public Works Dept. and/or the Montana Dept. of Transportation review the speed limit through the residential area on Basin Creek Road / Montana Secondary Highway 393. Note and place on file. Commissioner Dan Olsen will submit a new communication to reconsider the MDT decision or maybe try another route to reduce the speed recommended by MDT or possible local ordinance change to lower speed limit at Basin Creek Rd. 17-453.pdf SECTION 2. COMMUNICATION 18-499 Lee Alt, Butte-District Traffic Engineer requesting Council of Commissioners concur and submit a letter of concurrence for the recommendation of the speed limit on Old Highway 91, Melrose. Mark Neary will submit a letter to Lee Alt (MDT) to state we concur with the speed limits as posted through Melrose, MT. 18-499.pdf 18-499 Recommendation.pdf 18-499 Survey.pdf PUBLIC WORKS COMMITTEE MEMBERS: Jim Fisher, Chair...Present Bud Walker Vice Chair...Present Dan Callahan...Present Dan Foley....Present Brendan McDonough....Present Dan Olsen... Present Also Present: Mark Neary, Public Works Director JUDICIARY COMMITTEE MEETING REPORT November 28, 2018 TO THE HONORABLE CHIEF EXECUTIVE AMD MEMBERS OF THE BUTTE-SILVER BOW COUNCIL OF COMMISSIONERS Ladies and Gentlemen, We, your Judiciary Committee, respectfully recommend as follows: SECTION 1. CLAIMS APPROVAL NAME AMOUNT DESCRIPTION Dee Sullivan $1,000.00 Street Opening Bond #448 Kevin Clark $4,413.60 Refund/Owners Redeemed Tax Assg. 8 Page
0000283100/Interest Angel Lampert $ 697.71 Refund/Owners Redeemed Tax Assg. 0000534700/Interest David M Sutton $3,670.06 Refund/Owners Redeemed Tax Assg. 0000262100/Interest SOLAS LLC $7,046.09 Refund/Owners Redeemed Tax Assg. 0000159800/Interest Approved SECTION 2. COUNCIL RESOLUTION NO. 18-57 A RESOLUTION LEVYING THE AMOUNT OF THE ASSESSMENT ON THE PROPERTIES INCLUDED IN SPECIAL TOURISM BUSINESS IMPROVEMENT DISTRICT NO. 1, WHICH WAS ESTABLISHED IN 2011 FOR THE PURPOSE OF PROMOTING TOURISM, CONVENTIONS, TRADE SHOWS AND TRAVEL TO THE CITY-COUNTY OF BUTTE-SILVER BOW, MONTANA AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. Move to Final Reading. Resolution 18-57.pdf SECTION 3. COUNCIL RESOLUTION 18-58 A RESOLUTION REQUESTING APPOINTMENT OF SPECIAL DEPUTY PROSECUTORS FROM THE PROSECUTOR'S SERVICES BUREAU OF THE DEPARTMENT OF JUSTICE AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. Move to Final Reading. Resolution 18-58.pdf SECTION 4. COUNCIL RESOLUTION NO. 18-59 A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE MENDED PLAT OF LOT 19 OF THE RIDGE VIEW II SUBDIVISION OF THE CITY AND COUNTY OF BUTTE-SILVER BOW, STATE OF MONTANA; PROVIDING FOR THE REPEAL OF ALL PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. Move to Final Reading. Resoution 18-59.pdf SECTION 5. COUNCIL RESOLUTION NO. 18-60 A RESOLUTION AUTHORIZING AND APPROVING THE TRANSFER OF THE REAL PROPERTY DESCRIBED ON EXHIBIT "A" TO THIS RESOLUTION TO MONTANA CRAFT MALT COMPANY, IN ACCORDANCE WITH THE PROVISIONS OF THE BUTTE-SILVER BOW MUNICIPAL CODE AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. Moved to Final Reading. Resolution 18-60.pdf Exhibit A.pdf 9 Page
JUDICIARY COMMITTEE MEMBERS: Brendan McDonough,Chair... Present John Sorich, Vice-Chair...Present Dan Callahan...Present Bud Walker...Present Shawn Fredrickson...Present 10 Page