TOWN OF CIRCLE TOWN HALL - 105 MAIN STREET - CIRCLE, MT

CALL TO ORDER

The meeting was called to order by Mayor Garry Johnson at 7:09 PM.

Present:

Garry Johnson-Mayor Clint Haynie-Council Chairman Diane Black-Council

Jaymes Breitbach-Council Michael Hale-Council Vernal Fellon-Asst PWD

Kelly Doan-Clerk-Treasurer by Go to Meeting Rich Batterman-Town Attorney by Go to Meeting

Absent: Marista Heide-Deputy Clerk

Public Present: Paul Skyberg-Sheriff; Ruth Clarin; Chad Bieber; Cary Phillips

APPROVAL OF AGENDA: Motion by Jaymes Breitbach to approve the agenda as presented. Michael Hale second. No further discussion. All in favor. Motion carried unanimously.

APPROVE MINUTES: Motion by Clint Haynie to approve minutes of the January 9, 2023 meeting as presented. Diane Black second. No Further discussion. All in favor. Motion carried unanimously.

UNSCHEDULED PUBLIC COMMENT: Cary Phillips asked if the water hydrants at the park were monitored.

REPORTS

1) Sheriff's Report- Paul Skyberg, Sheriff – Sheriff Skyberg had nothing to report to council.

2) Public Works– Vernal Fellon, Asst. Public Works Director – City Services has been cleaning storm drains and chipping away ice on the streets.

3) Wastewater Treatment Facility/Water-Vernal Fellon, Asst. Public Works Director – The contractor has been working at the water plant to cut an opening and install an overhead door in the old acid room. That room will be used for equipment storage. A couple of troubled sewer lines were cleaned.

4) Judge's Report – No report.

5) Garbage Services-The town has not received written notification of the sale of Isaacs Sani-Serv.

6) Fire Services – Chris Kwasney, Chief- Chief Kwasney reported to Mayor Johnson that some maintenance has been done on the fire truck.

7) Pool & Park – City Services is waiting on the weather to measure for the pool steps. Diane Black and Steve Skundberg have discussed trees for the park. The Arbor Day Grant Application was submitted. The clerk was asked to advertise for a pool manager and lifeguards for the 2023 season.

Additional Comments on Water: Jaymes Breitbach reported on his trip to Helena to testify at the Legislative Hearings in support of grant funding for the waterline replacement project.

CORRESPONDENCE: 2023 Election Calendar; Elected Officials Workshop in Bozeman May 2nd – 4th.

UNFINISHED BUSINESS

1) Law Enforcement Contract- No update.

2) Criteria for Commercial vs Residential Water and Sewer Utility Accounts- Council members discussed ways of determining if a property has a commercial or residential use. A proposed account description was presented at the January council meeting. The description should defend the integrity of the zoning ordinances. The town's zoning ordinances include standards for when a variance is required. Property owners should be notifying the town if they are using their property for something other than its intended use. Motion by Jaymes Breitbach to accept the language submitted with the option to revisit the matter if needed. Diane Black second. No further discussion. All in favor. Motion carried unanimously. A copy of the account descriptions is attached to the minutes.

3) Ordinance Review-Dispensaries, animals- Council members and mayor discussed revising the ordinances to allow for up to six (6) hens per household in a fenced in area. Currently, the ordinances do not allow for chickens in town limits. A member of the public expressed his opposition to allowing chickens in town. Enforcement of the ordinances is through law enforcement. Mr. Batterman will work with the clerk to prepare a draft ordinance for review at the March council meeting. Council members and mayor discussed the possible need for an ordinance regulating dispensaries. Currently, dispensaries are banned in McCone County. Mr. Batterman advised the council to wait until/if there is a need to adopt an ordinance. An emergency ordinance can be prepared and adopted in a few days.

4) City Court Judge – Discuss Appointment – The current Justice of the Peace is interested in being the City Court Judge. Mr. Batterman will contact the county attorney to discuss Interlocal Agreement with McCone County.

Peace is interested in being the City Court Judge. Mr. Batterman will contact the county attorney to discuss Interlocal Agreement with McCone County.

5) First Call Solutions – IT Services Price Increase – Motion by Clint Haynie to accept the price increase implemented by First Call Solutions. Jaymes Breitbach second. Discussion followed on the services provided and the age of the town's server. It was suggested the town should look for other IT services providers. No further discussion. All in favor. Motion carried unanimously.

NEW BUSINESS

1) Zoning Permit: 308 5th Street, Remove Sheds, Build New Shed – Motion by Diane Black to approve the permit. Michael Hale second. No further discussion. All in favor. Motion carried unanimously.

2) Resolution 02-13-23-01, Resolution Adopting a New Bulk Water Rate – adopted during public hearing.

3) Appoint Council President – Motion by Diane Black to nominate Clint Haynie as council president. Michael Hale second. No further discussion. Diane Black, Michael Haynie and Jaymes Breitbach in favor. Clint Haynie abstained. Motion carried. Clint Haynie accepted nomination.

4) Discussion on Lot Annexation for Connection to Water & Sewer Services – Council members and mayor discussed requiring annexation into the town boundaries for connection to water and sewer services. DRWA is looking at purchasing a lot outside of town boundaries and then asking for connection town water and sewer services. Mr. Batterman's legal opinion is the town may condition connection for water and sewer services on annexation into the town boundaries. The recommendation would be to zone the lot as residential with an application for a variance to allow for commercial use and with the stipulation the zoning revert to residential if the property is sold. The annexation would be conditional on approval of the variance. The property owner/buyer would be responsible for payment of annexation and variance application fees. The clerk was asked to send a letter to DRWA with this information.

5) MMIA Property Insurance Renewal; Employee Benefit Renewal – Council members reviewed the MMIA Property Insurance schedules. This matter is tabled to the March meeting to allow for further review of the property schedules. Motion by Jaymes Breitbach to continue with the MMIA Employee Benefit Program. Clint Haynie second. No further discussion. All in favor. Motion carried unanimously.

6) MMIA 2023 Employment Practices Renewal Application – The MMIA Employment Practices Coverage Endorsement needs to be renewed by March 1, 2023. Recent legislative changes require an update to the drug and alcohol testing policy specific to marijuana testing in reference to employees having a Commercial Driver's License or in situations where an employee appears to be under the influence. Mr. Batterman has drafted language and is waiting for approval from MMIA. Motion by Clint Haynie to adopt the recommended drug and alcohol testing policy update. Diane Black second. No further discussion. All in favor. Motion carried unanimously. The application also asks for certification of written job descriptions for all positions. The clerk will send the job descriptions to Mr. Batterman for his review.

FINANCIALS

1) Monthly Financial Report:

Investment Review: Council reviewed the cash, checking and investment accounts. Grasslands Credit Union has a special CD for 12 months at 4% interest. Motion by Jaymes Breitbach to move money from the Regular Shares Savings Account to a 12-month CD with 4% interest. Michael Hale second. No further discussion. All in favor. Motion carried unanimously.

December 2022 and January 2023 Preliminary Financials: Motion by Diane Black to accept the preliminary financials as presented. Jaymes Breitbach second. No further discussion. Motion carried unanimously.

2) Claims Approval: The clerk reported the claim from Full Circle Automotive for installation of the new snowplow blade was included in the Curtiss Repair quoted purchase price of the blade. Council reviewed January 2023 claims for disbursement, claim checks and payroll checks; December 2022 City of Glendive claim #4983 and February 2023 Fireman's Company claim #5086. Motion by Jaymes Breitbach to approve claim checks -99408 to -99409; and 5800 to 5835 totaling $48,033.66; payroll checks -88635 to -88651 totaling $28,119.40; total of all checks $76,153.06. Clint Haynie second. No further discussion. A copy of the claims report and check register are attached to the minutes.

3) Delinquent and Bulk Water Report: January 2023 delinquent accounts and bulk water sales were reviewed and discussed. Council members discussed an outstanding balance on a bill where the property has sold, but the seller has not paid their final bill. MCA allows the town to place the outstanding bill on the property taxes. The new owner will have to resolve the matter.

here being no further business before the council, Mayor Johnson adjourned the meeting at 8:55 p.m.

Minutes approved 03/13/23 .