February 10, BOS meeting

Agenda approval:

Mayor Bennhoff suggested a title change for Resolution 12

He rattled off the change that he suggested. He did not say why he suggested that. No selectmen asked him why either. Resolution 12 was not included in the posted packets.

Mayor Bennhoff suggested adding Resolution 13 after executive session (see below)

He also suggested adding Resolution 14 authorizing submittal of a grant for GOCO for Foster's Place

He also suggested adding an executive session to discuss legal matters, review of several water rights matters and 9th street Bridge.

Unanimous approval as amended

Approval of minutes

Jan 27 - Jed pointed out a “significant error” in the minutes. He said that he wasn't there at the very beginning of the meeting to know what had been added to the agenda, but he knew that the executive session was held to discuss Wilson v. Georgetown, not to discuss personnel matters as the minutes say. The minutes are required to reflect the correct statutory provision for holding executive session and the minutes reflect the statutory reference to personnel matters, instead of to receive legal advice.  It was decided to have Merinel review the tape of the meeting and to table the approval of those minutes.

Feb 2 - Coralue suggested that the roll call should show who's absent

The Feb. 2 minutes were approved as amended

Police Report:

Marshall Forristal

Coralue asked if Business checks were “drive by's” or getting out and checking the business.  Forristal replied that the business checks are not regular patrol, but rather when they get out a physically check the business. She also asked if that included the downtown area and he said that most of them were done there.

Police car repair: Forristal had just gotten the estimate to Selby today regarding the police car expense. Coralue asked if leaving cars running so long was hard on the engines. Forristal replied, “Yes and no.” This is apparently the first problem with this car and now it basically needs a new engine. It has 50,000 miles on it and it “threw a rod”. Forristal told the BOS that he had gotten several estimates and that the one submitted was the best. The question came up as to whether or not the BOS has to approve car repairs. There was discussion and Jed told them that the policy was that anything over $2500 had to be approved by the BOS. Mayor Bennhoff asked the Marshall if he was asking the BOS to approve the expenditure. Forristal replied that he was. The money was to be earmarked out of several of the police funds line items. Rick Payne pointed out that one of the line items had already been tapped out at almost $3000.00. No one was able to explain the expenditures from that account. Jed reminded the board that the policy was, and he remarked that it was up to them to decide whether or not to follow their own policies, that a resolution would need to be put together only after the line items had been changed. The BOS agreed to follow their policy and decided to postpone the proposal so that a resolution could be prepared.

Meeting with town planning commission:

Cynthia Skeen and Sarah Kaminski

The Planning Commission is charged with reviewing comprehensive plan every year and make sure it is carried out. The last time it was decided the planning commission would work on lighting and mapping developable lots in town.  The planning commission had received a cd copy of the ordinances and was thinking about proposing a more comprehensive lighting program and to address lights that are malfunctioning. They asked for feedback from the BOS. It was noted that public service is supposed to fix lights that aren't working. The planning commission said that they had planned to do research on lighting in other communities. The BOS asked the planning commission to take the present lighting ordinance, make changes to it, bring it to them, and then they could ask Jed to write if they agreed with it. Jed mentioned that he has recently drafted some lighting ordinances. He offered a copy of that for the commission to work with. He also said that he would mail Cynthia Skeen the name of the website that he referred to for help in writing the lighting ordinance. He said that typically the biggest problem is what to do with all of the existing lights that would become non-conforming lights.  Water issues were discussed and the BOS decided that it was not a planning commission issue, but would appreciate it if the planning commission could flag certain comprehensive plan issues that the BOS should be addressing. Mayor Bennhoff thanked the planning commission for their work.

Communications center:

County commissioner Harry dale was present to propose an intergovernmental agreement in regard to communications in the area.

Harry Dale told the BOS that they had written a letter to municipalities back in October for financial participation for a dispatch center and plans that address the future of communications in the county. He said that improvements have already been being made. He said that they were looking for 1. How the BOS feels about the current operation, what improvements they thought could be made and whether or not they would be willing to participate and 2. Where to go in future? All other municipitalies agreed that the financial burden would include part ownership. He presented several options for proposed dispatch/communications. He said that they would like to move the center to visitor's center, which is getting a fiber optic hub. They were not looking for any financial assistance from the town at this point but wanted the BOS to consider it for their 2005 budget as well as to consider sending a BOS representative to the next meeting.

Silver plume/gtown wastewater contract:

Dick Dorn reported that HDR was going to need 2-3 hours to go over the WWTP/WTP issues and the 4 options they presented. It was decided that the BOS would try to reschedule other items on the Feb. 24th to accommodate HDR. It was decided that public comment would not be allowed at that meeting. They decided that they would hold a special meeting at the Community Center on March 2nd (HDR will be present) and then at the BOS meeting on March 9th, they would begin decision making process.

Resolution 12 series 2004

Authorizing $200,000 grant, $100,000 loan for sewer/water replacement 11th - 15th Street.

Coralue asked if there is a penalty for early payment. Jed said that there wasn't.

$41,520.00 is a town match. Coralue asked where that money was coming from. Dick Dorn said that there was reserve in the water and sewer funds. He didn't say where. Coralue said that this resolution would be increasing our water/sewer rates to which Dick Dorn replied “by roughly a dollar”. There was no other discussion. The resolution passed unanimously.

There were two promotions commission renewals and three letters of interest for the spot left vacant by the resignation of Tom Wilson. They appointed Mark Graybill for the opening and Joni Hargitt and Charles Maddox would be alternates. The BOS gave kudos to Tom Wilson for his service on the promotions commission and asked Merinel to send him a letter from the town thanking him.

Resolution #11 series 2004

It was discussed that this resolution had to pass in order for the town to be able accept future emergency grants from FEMA. It was passed unanimously

Funding request for $500 from KGOAT

After some discussion as to where the money was going to come from the BOS decided to use the money saved by only having one road and bridge employee for the past month. The town promotions commission agreed to contribute $250. The resolution was passed unanimously. .

Selectmen ward meetings:

Mayor Bennhoff reminded the BOS of his desire to have ward meetings. They thought it would be good to have the meetings after the open house with HDR on March 2. They decided to set a date for ward meetings at the March 9 BOS meeting.

 Review revised job description for town admin/assoc code changes by ordinance

This part was a little hairy.

The town attorney got quite upset with the BOS during this discussion. He said “What is proposed here is different than in any city I've ever worked” and he felt that was significant. He asked for some kind of rationale behind the changes. He never really got an explanation except that they were trying to prevent the same things that had happened in the past from happening again. Jed pointed out that what was being proposed would invite the same problems the past town administrator had. In the past, he said, the town clerk had difficulty understanding that the town administrator was her supervisor, when in fact he was.  He said that was an enormous problem for the town. The changes proposed “codify the problems of the past”. He also said that usually it was the town administrator of the town that put the agenda together, sometimes in conjunction with the mayor. He said that he was appalled at times when he would come to a BOS meeting and Paul would sit there and not even know what Phyllis had put on the agenda or any info on the agenda items.  He said that the problems before were not policy problems but instead personnel implementation problems. He also said that the system in place reflects the system for statutory towns that is established in state law.

Coralue said that the town treasurer felt as though she would've been fired several times if Paul had had the ability to fire her. Coralue said that the treasurer felt as though she had no recourse to report that things weren't being done properly with the money.

Rick Payne disagreed. He said that if Merinel's supervisor asked her to do something that she was uncomfortable with, that he expected that she would come to the board. An employee always has a direct pipeline to the BOS he said, all they have to do is call a meeting with them. It was discussed that there already is an appeals process in place.

Rick Payne said that the supervision of the past administrator was “sadly lacking”.

Jed was also concerned with some of the requirements for applying including the stipulation that one must be able to lift 40lbs. It was at this point that Mayor Bennhoff suggested that anything that was questionable should be taken out so that they could move forward.

Jed disagreed and told the board yet again that he would like to have an opportunity to go over the job description. He said he had just gotten it before the meeting. (Imagine how we feel when our rates go up and we don't even get the chance to read the resolution). He told the board that he was just trying to avoid them from getting into more trouble for rushing. Mayor Bennhoff said that this has not been rushed. Coralue said that this part had been rushed. She and Rick Payne decided that Jed felt strongly about this issue and that the BOS should direct Jed to go over the job description and revise it for them. At one point, Jed started to say loudly, “I just can't sit here and...” when Mayor Bennhoff told him sternly (cutting him off) that Coralue was talking.

The Board decided to keep status quo as far as who hire/fires/ supervises the same as it is now and to have Jed revise the rest of the job requirements and description.

Resolution #13

This resolution was passed after an executive session to discuss a possible lawsuit regarding the 9th Street Bridge. Apparently L.G. Everist's insurance company will not agree to the compensation sought out by the town for the replacement of the bridge. This resolution allows Jed to proceed with a lawsuit.