Box 669 Hot Springs,
MT 59845
Julie Lazaro, Town Clerk
Bev Bangen - Utility Clerk
Mayor Randy Woods
Town Council
Leslee Smith – Robert Dobrovolny – Mendy Estill – Paul Stelter
THE 2011 TOWN ORDINANCES WERE APPROVED FOR ADOPTION AT THE MAY 3 AND JUNE 7, 2011 TOWN COUNCIL MEETINGS FOLLOWING THE REQUIRED PUBLIC HEARINGS. THE 2011 VERSION OF THE TOWN OF HOT SPRINGS ORDINANCE BOOK BECOMES EFFECTIVE ON JULY 8, 2011. HARD COPIES OF THE ORDINANCE BOOKS ARE AVAILABLE AT THE PRESTON TOWN-COUNTY LIBRARY AND THE TOWN HALL DURING REGULAR BUSINESS HOURS. THEY ARE ALSO ONLINE USING THE LINK BELOW.
TO SEE THE 2011 TOWN ORDINANCES CLICK ON THE LINK BELOW
BELOW IS A DRAFT OF THE August 2, 2011 COUNCIL MINUTES. THEY WILL BE CONSIDERED FOR APPROVAL AT THE
September 6 COUNCIL MEETING
August 2, 2011
At 7:03 pm, Mayor Woods opened the public hearing for the second reading of Ordinance 2011-002, an Ordinance of the Town of Hot Springs making it unlawful to refuse to submit to a breath or blood alcohol and/or drug test and providing a penalty for the violation thereof. Prior to comments the mayor recommended that the council table any action on the item. He had heard that the state would be making available a judge to order testing in the instance of potential refusal of submission and asked that council wait to see what that brings. He reminded speakers that comments should be limited to 3 minutes.
Many of the residents present spoke including the following comments:
Liz Fee spoke against the ordinance saying it was similar to a “police state”.
Deanna Peters spoke against the ordinance saying there were already state provisions regarding impaired driving and that testing was a violation of the body.
Betty Whitman asked what happened to “walking the line” and other field testing. She said a breath test was an invasion and asked, “what’s happening to this town?”
Craig Hodges commented on TSA screening at airports and compliance with federal and state laws.
John Marshall, Sanders County DUI Task Force, commented on public reaction to drinking and driving and previous comments of citizens against the ordinance. He commended Betty Ford on her willingness to admit her dependency and found a clinic that has helped numerous people with addictions. He commented on people’s failure to be personally responsible for their actions and the choice to drink and drive. He then addressed the Hot Springs Journal for their negativity and biased reporting and the corrosive effect it was having on the community. Upon being reminded of the 3 minute limitation he concluded his comments asking the council to unanimously approve this ordinance and help the town to move forward.
Gwen Hanson stated that this item did not pass in the state legislature for being unconstitutional.
John Marshall rebutted that it was a party split not the constitutionality of the item that it failed. He stated that 11 states have already passed this, along with Missoula, Boulder, Darby, and Thompson Falls and that there has been 100% compliance. Not $1 has been collected in fine money.
Gwen Hanson commented that it should be put to a public vote.
Holly Fisher commented on her concerns about other officers parked outside of their jurisdiction. Chief Radabah responded he would check into it.
There being no new comments the mayor closed the public hearing at 7:20 and opened the public hearing for Resolution 2011-005R a resolution raising the water rates. The official public hearing for the water rate increase was held on July 5. There was no additional public comment at this meeting and the mayor closed the public hearing at 7:22.
The mayor then called the regular council meeting to order. Present were Woods, Councilors Smith, Dobrovolny, Estill and Stelter and clerk Lazaro. Also present were Chief Radabah, Bill Rosler, Cindy Morgan and Dawn Lynch for the Sanders County DUI Task Force, Mike Kenmile, Bud Moran, and Reuben Mathias from CS&KT Council.
Citizens present included Deanna Peters, Katrina Ireland, Betty Swaney, Darla Cheyney and her son, Chris Sankovich who was on leave from the marines, Anna Marie Ferguson, Craig Hodges, Ron Holman, Holly Fisher, Betty Whitman, Liz Fee, John Marshall, Leroy O’Bennick, Gwen Hanson, Debbie King, LoHua Odekirk, Luana Beavers, Tammy Fisher and Leo Harteis. Susan Roberts was in attendance for the Hot Springs Journal.
Estill moved; Stelter seconded to approve the minutes. Smith pointed out the typo regarding the Museum report. The clerk will correct it. 4-0 Passed.
Estill moved; Smith seconded to approve the financial report. 4-0 Passed. Smith moved; Estill seconded to pay the claims. Mayor Woods explained what many of the claims paid. 4-0 Passed.
In his report, Mayor Woods, said he was proud of this year and the staying within the budget that was set. Commenting on the negativity of the local tabloid towards city government, he said that the town works to fix its mistakes and move forward rather than dwelling on the negative and stirring up dissent. He then shared some ideas to improve the looks of the town and to encourage residents to clean up their properties. For example a “best improved yard” contest with a water discount incentive. He also offered the help of town employees to collect junk and pick up brush. He hoped to have use of a chipper and distribute chips to residents for their gardens.
First Call is being considered to maintain computers.
Public works has moved and/or installed new water meters, jetted sewers for routine maintenance, and cut weeds and trees.
Things had been slow for the fire department until last week. They put our 4 fires in 3 days, affecting approximately 100 acres and responded to 23 ambulance calls. They took possession of a new ambulance for the fire department paid for by a state grant. Woods also commented that it seems to be the same 5 regular responders to the calls and thanked them for all their volunteer time. The fire department ambulance goes on all fire calls, according to Woods, even if not needed for the call, it is there just in case, and is often times needed to assist the firemen. Deanna Peters thanked the department for the good work of the ambulance staff, and their response to calls for her late husband, Dan.
The police report was submitted in writing. There were 119 calls during the month, including 2 domestic/assault, 2 welfare checks, 2 drug related, 4 criminal trespass, and 10 arrests. Other police business included a new procedure for complaints against an officer recommended by POST. Also one of the police cars was involved in a collision with an adult elk near Thompson Falls. The car is most likely totaled but the driver Officer Mariscal received only minor injuries. Chief Radabah is working on a new police personnel policy handbook through POST.
At this time Mayor Woods announced that due to the many complaints regarding Officer Miles and POST getting his name out around the state, Jefferson County has offered him a position in their department. Woods also stated that Miles is a good officer and truly cared about people, especially the kids. He will be missed and Woods hopes to be able to hire another officer just like him.
Mike Kenmile, tribal councilman, commented on his experience riding along with a tribal officer. Bud Moran, tribal councilman from St. Ignatius, stated that Hot Springs was a special place and that he thought the tribe could assist with safety and protection. Reuben Mathias, tribal councilman from Elmo, said that tribal personnel could come up more often and that a cell phone tower was needed.
Leslee Smith reported on the Park/Recreation Board. All camping fees generated from the Bluegrass Festival campers in the park will go toward the park renovation.
The library board met and approved their preliminary budget, including money for grounds maintenance and snow removal.
Deanna Peters reported that the planning board had met but there was no business at this time.
The zoning compliance officer, Bill Rosler, reported that all was quiet but he was looking into an airplane fuselage that had been moved into a resident’s yard. If word on the street is to be believed it will serve as an apartment or office. The property owner has been contacted.
Clerk Lazaro reported that the office computer was failing and new computers are needed in the office. She also just received the final revenue figures from the Department of Revenue and has calculated the mill. She will get new budgets to the committee and a final budget hearing should be set for late August.
Leslee Smith then gave an update of the museum. Harold LaRue has passed away and she credited him with large donations to the museum, including the land and building. He donated the museum to the county prior to his death. It was also noted that Liz Fee, past-president of the artist society, was instrumental in getting LaRue involved with the museum project. The museum still needs volunteers to greet visitors Friday, Saturday, and Sundays from noon to 4 pm.
The Chamber and Artist Society meet later this week. The upcoming Bluegrass Festival is going to be a huge event and is expected to bring over 1000 visitors to town. They are gearing up to accommodate everyone’s needs. Cindy Morgan spoke on behalf of the county health department, reminding Leslee that all food vendors must be licensed and that the camping areas will need adequate bathroom facilities.
COMMUNICATION/PUBLIC COMMENT ON AGENDA ITEMS
Leo Harteis asked for clarification of the new complaint procedure and follow up response time.
OLD BUSINESS
Mayor Woods spoke again of the need for a new chlorination system at the sewer lagoon. He recently received prices for a new chlorination monitoring and delivery unit and a building to house it. It should be accomplished for around $9,000-$10,000. The system will monitor the discharge, the external environment, and apply appropriate chlorine levels as needed.
NEW BUSINESS
Smith moved; Estill seconded to approve Ordinance 2011-002 making it unlawful to refuse to submit to a breath or blood alcohol and/or drug test and providing a penalty thereof. Each councilor received phone calls regarding the issue: some in favor, others against it. One comment was that one year ago there was a town hall meeting where most in attendance complained that there was not enough police protection. Now the complaints are that there is too much police presence. Kenmile commented on training bartenders to recognize the problem of over-serving patrons. Morgan stated that training was required and available every 3 years. It was hoped that more money would be available to provide rides home and how this was accomplished in other communities. The council briefly discussed the pros and cons of the issue and mayor Woods’ recommendation of tabling action until the state acts on providing a judge on call. Stelter then moved to table the issue until the state acts. The council voted 4-0 to table action.
Estill moved; Smith seconded to approve the water rate increase per resolution 2011-005R. The council voted 3-1 to approve the rate increase. Councilor Dobrovolny was the dissenting vote.
Mayor Woods then asked the council to approve a resolution 2011-006R to declare town assets, including the 1963 Allis-Chalmers grader, the 1940 Ford tractor, the boat at the gravel yard, and an old sander, surplus property. Estill moved; Smith seconded to approve the declaration. 4-0 Passed.
Finally, Darla Cheyney requested that the council waive the open container ordinance and close A Street in front of the Creekside Inn on Saturday, August 6 from 5 pm until closing, for a dance and barbeque. Skunk Alley Song Factory will play music beginning around 7 pm until midnight. Deanna Peters has volunteered to be the designated driver and provide rides home for those needing a ride. She has her passenger CDL. Chief Radabah said that law enforcement was fine with the details. Smith moved; Estill seconded to approve the request. 4-0 Passed.
COMMUNICATION/PUBLIC COMMENT NON AGENDA ITEMS
Mrs. Swaney asked the mayor about the existing water utility loans and payoff. She asked when the debt would be paid in full in regards to the rate increase. Woods informed her that the rate increase was needed to pay the increased maintenance costs rather than the debt (which would be paid off in 2045.)
John Marshall commented on the responsibilities of a free and open press to seek each side of a story and present unbiased news reporting, not just editorialize. Susan Roberts responded that “it was not her job” and that people could write rebuttals or letters to the editor if they disagreed with her reporting…or they could not read the paper and use it to train their dog. Deanna Peters said she thought there should be more communication between the town and the journal and suggested that the agenda be published in the journal. The clerk responded that she had been emailing the agenda to both papers but because of timing of publication and meeting times, and allowing adequate time for citizens to request to be on the agenda, the journal was unable to publish the agenda prior to the meeting. The clerk also said that she did send notice of the public hearing for the water rate increase to the journal to be published 2 times; for which the town was billed $54.
John Marshall then asked the mayor if Susan Roberts informed those present that she was recording the meeting, prior to doing so. He then stated that if she did not, even though she was the press, she was in violation of state law.
LoHua Odekirk stated that she found Officer Miles to be a kind, nice man, who cared and was sincere about helping people.
Leslee Smith also commented that the bluegrass festival was the first time for such a large event in Hot Springs and she hoped for a safe event and that the music was not too loud for residents. Mendy Estill thanked her for putting on the event that promotes the town positively.
There being no further business or public comment, Estill moved; Stelter seconded to adjourn the meeting at 8:55 pm.
BELOW ARE THE JULY COUNCIL MINUTES. THEY WERE APPROVED AT THE AUGUST 2, 2011 TOWN COUNCIL MEETING
At 7 pm Mayor Woods opened the public hearing for the proposed water rate increase. The clerk read the resolution of intent 2011-004R that was passed at the June 7 council meeting. Present were Woods, Councilors Smith, Dobrovolny, Estill, clerk Lazaro. Councilor Stelter arrived shortly. Also present were Bill Rosler, Harry Whalen-Montana Rural Water, State Representative Pat Ingraham, Cindy Morgan and Dawn Lynch from the Sanders County DUI Task Force, police chief Chad Radabah, and Susan Roberts and Russell Carey for the press. Citizens present included Betty Swaney, Sheila Massingale, Sahedra, Katrina Ireland, Craig Hodges, Deanna Peters, Abby Coleman, Ray Bayles, Hollie Fisher, and John Marshall. The mayor then gave the floor to Harry Whalen, Montana Rural Water, to explain how the new rate was calculated. Whalen explained EDUs and meter sizes and gave examples of how rates would differ for different size meters. The mayor then opened the floor for public comment and questions. Comments included the following plus other general water comments:
Ray Bayles questioned whether there could be a special rate for senior citizens.
Deanna Peters commented that her bill had gone up already before the increase.
Abby Coleman asked for clarification of why a 2” meter was charged more than a ¾” meter. Whalen explained it was due to the diameter of the pipe and the amount of water that was delivered not the initial cost of the larger pipe.
Susan Roberts questioned O&M costs and how membership fee in MRW was based.
Sahedra applauded the council for their foresight toward upcoming replacement of the system components.
Ray Bayles asked if the property owner could pay for the meter.
Susan Roberts asked why not repair the failed meters rather than replacing them. Mayor Woods explained the problems that those meters and our meter pit system and that replacing pits was more expensive that replacing meters.
Abby Coleman then asked what costs were included with O & M. She was told that besides wages, it also included utilities, fuel, repair parts, and other support services to provide water to the customer.
Susan Roberts then disagreed with Whalen’s comments on the attempts to keep Hot Springs water rates low and in line with other communities. She stated that the base rate was higher than Ronan, St. Ignatius and other communities, and that no one in western Montana was paying $2/1000 gallons. She further stated that residents would not use more water because they could not afford to pay for it. She cited that administration costs had gone up $10,000 from previous years. (Clerk’s note- Actual administration costs have been 2007-2008-$58,166; 2008-2009-$61,505; 2009-2010-$55,376; 2010-2011-$52,969; 2010-2011-$62,060. The preliminary proposed budget for 2011-2012 is $67,390 mainly because of higher fuel prices, the rate increase of Mission Valley Power, and the cost of a 2 year audit due this fiscal year.)
John Marshall responded with his comment that in our dry climate (12” annual precipitation) anything that encouraged water conservation was a good thing.
There being no new questions or comments, Harry Whalen excused himself and the mayor closed this public hearing at 7:54 pm and opened the public hearing for the first reading of Ordinance 2011-002, an ordinance making it unlawful to refuse to submit to a breath or blood alcohol and/or drug test and providing a penalty for the offense. Clerk Lazaro read Ordinance 2011-002 and Mayor Woods opened the floor for comments.
John Marshall, member of the DUI Task Force spoke first. He informed those present that the communities of Thompson Falls, Darby and Missoula recently passed this same ordinance. Although the Montana state legislature did not pass it, this ordinance is also law in 11 states. He felt strongly that the public should be allowed to drive without fear of being struck by an impaired driver.
Deanna Peters stated that this should be put to a vote, not be a council decision.
Abby Coleman commented that people are afraid they will be pulled over for a smaller infraction (i.e. burned out license plate light) and then be subject to this testing.
Cindy Morgan, Sanders County DUI Task Force, stated that this was a public health and public safety issue with many different players involved. The town councils have the ability to make and change ordinances and make people think. She further commented that the statistics for impaired driving in Montana were staggering.
Sahedra questioned a community vote.
Deanna Peters commented that no one had been killed due to impaired driving in town.
John Marshall commented again that the elected officials made decisions. The voters make their decision when they elect the council members. The majority have faith in the police although there are some that are disgruntled. If a person has nothing to lose, no driver’s license, then there is a 50% refusal rate with no penalty for refusing.
Bill Rosler asked how many had lost a loved one to an impaired driver.
Susan Roberts questioned the method that the police used for field testing sobriety. Chief Radabah told her the police carry PBTs, portable breath tests for alcohol only.
Cindy Morgan then clarified that the breathalyzer is used in the field for alcohol testing. The officer would have to take a person to the hospital for further blood tests for alcohol or drugs, which could confirm the breathalyzer results.
Paul Stelter then questioned why anyone would refuse if they were not guilty. He then commented that if a person were stopped and suspected of drug impairment, the police would take him to the hospital 20 miles away to test and the resulting inconvenience of that.
Susan Roberts then stated emphatically that the voters spoke and made medical marijuana legal. Officer Radabah answered that it is also legal to drink. However, it is not legal to drive impaired on any drug, including medical marijuana or alcohol.
Chief Radabah spoke at length of probable cause and the steps to determine sobriety or impairment, he and his officers would first go through prior to requesting the PBT.
Deanna Peters urged council members to talk to their constituents prior to passing this ordinance.
Councilor Smith commented that this is the first reading and that it must pass a second reading also before it would become law. She did, however, have concerns that this included drug testing rather than just alcohol testing.
A few including Mrs. Betty Swaney, asked about the amount of the fine and whether it could be graduated.
Pat Ingraham stated that the police could get a court order to have blood drawn to test for drugs or alcohol. This ordinance addresses the first time offender.
There was no more new comment.
At 8:25 Mayor Woods closed the public hearing and opened the regular council meeting.
Smith moved; Estill seconded to approve the minutes of June. Estill also commented on the addition of public comment made to the May minutes. 4-0 Passed.
Estill moved; Stelter seconded to approve the financial reports for May. 4-0 Passed
Smith moved; Estill seconded to pay the claims. Mayor Woods explained many of the claims. Dobrovolny commented on the repeat of early June claims that had been approved at the June 7 meeting. The clerk responded that he was correct and that the claims were not being paid a second time.
In his report, Mayor Woods talked about the various grants. Closeout paperwork was being finalized for the energy grant, the USDA RD police grant, and a 2003 fire department grant. Reimbursement payment would be forthcoming. He also hoped to find grant money for a new radio system. Emergency personnel can communicate with Plains but not Thompson Falls. Work is ongoing at the shooting range and reimbursement for expenses will be submitted monthly. He further stated that the 4th of July concert and fireworks show was great and there was favorable comment throughout the town. Homesteader Days were good although the numbers were down. While there was no rain in Hot Springs, it rained in other communities keeping visitors away. There were no problems for the police associated with either event.
In the public works report, Woods reported that Ruben Loberg would be attending another training July 12. It is a school put on by the vendors who provide the town’s fire hydrants and valves. This past month the department completed fencing the park, continued routine jetting of sewer lines, and made repairs to the water system following a DEQ routine inspection. The DEQ inspector was pleased with Ruben and his willingness to learn. Ruben completed most of the recommended repairs to the system and reported back to DEQ within a few days.
The police department has received a 1996 road grader and a generator with only 1000 hours for the shooting range. Chief Radabah read his report, which was also submitted in writing.
The fire department responded to a small fire from the 4th of July fireworks display.
The 4th of July Red, White & Blues Festival 50/50 auction resulted in a $75 donation to the city park project.
The library will meet on July 6 and will set their preliminary budget.
There was no planning board meeting but they plan to meet the 4th Tuesday in July.
The zoning compliance officer reported that there was no current activity or requests.
Leslee Smith gave an update on the HS Chamber of Commerce and the Artist Society. The summer arts camp for kids began today. They will be swimming, playing music, visiting the painted rocks, and building bluebird houses and kites. The Blues Fest will be July 30 and the Bluegrass Festival will be August 19 and 20. Tickets and campsites are available. The Artist Society meets Wednesday, July 6 and the Chamber will meet Thursday, July 7 at the Creekside. They will review the Homesteader budget.
The Museum is now open weekends and by appointment. Volunteers are painting the house and restoring the cabin.
A donation was received for the park project. It will go towards picnic tables and barbeque grills.
COMMUNICATION/PUBLIC COMMENT ON AGENDA ITEMS
Abby Coleman questioned why a generator was needed for the shooting range. She was told it would power the lights.
OLD BUSINESS
Mayor Woods presented the EPA document regarding the wastewater discharge permit. The sewer discharge permit is awaiting approval. If there are no negative comments it will be approved as submitted by the town. The mayor is looking into replacing the chlorine delivery system prior to discharge so the chlorine will be metered and applied as needed rather than continual delivery as in the present system. He had hoped to have a bid by this meeting but is still waiting. This was for information only and no action is required.
NEW BUSINESS
The council then considered action on the first reading of Ordinance 2011-002 An Ordinance of the Town Council of the Town of Hot Springs Making it Unlawful to Refuse to Submit to a Breath or Blood Alcohol and/or Drug Test and Providing a Penalty for the Violation Thereof. Smith moved; Estill seconded to open discussion on this ordinance. The council considered public comments and voiced their own concerns. Stelter felt it was tied to some of the public’s distrust of the police department, town hall and the council, where they should actually be separate issues. Estill sought to balance individual rights with public safety—“what is safe? What is too far?” Dobrovolny was concerned about too much law. Smith questioned the drug testing in addition to alcohol testing, but also said that there would be more time to consider this ordinance if approved prior to the second reading. Again John Marshall and Cindy Morgan reiterated the issue of probable cause and cited statistics for the refusal rate-50-60% in 2010. This would affect those with nothing to lose—i.e. no driver’s license. State law already provides that refusal to submit to testing results in a suspension of a person’s driver’s license.
Chief Radabah spoke in favor of a tool that would decrease the number of DUIs and save lives. Mayor Woods also commented on the other victims…the innocents killed by drunk drivers and the families left behind. If it only affected the drunk driver there would be no problem. He said he sees it too often being on the ambulance. At this time Smith amended her motion to accept Ordinance 2011-002 on first reading, stating she was sure that the council would be hearing from the public prior to second reading. 4-0 Passed.
Smith moved; Estill seconded to approve the preliminary budget with the exclusion of the library budget. The council questioned having to approve a budget with the actual revenue figures “unknown.” Clerk Lazaro explained that the year ends June 30 and without a preliminary budget the town cannot accept revenue or pay bills. Once the revenue figures are received from the Department of Revenue, the expenditures are finalized and the final budget is set and passed by the council. She then asked Representative Pat Ingraham to explain further. Pat Ingraham was the Sanders County Clerk and Recorder prior to her election to the House of Representatives. 4-0 Passed.
The final item of new business was to consider a request from clerk Lazaro for a party in the Circle Square Park, closing of Arlee Street between Main and the alley behind the VFW and Roe’s building, and an open container waiver for the park between 7pm and midnight on July 16. Stelter moved; Estill seconded to approve the request. Council questioned Chief Radabah on the enforcement of the open container and walking to and from the bars on Main St. Radabah thought it could be handled professionally, without a total open container waiver for all of Main Street and the town. The event was for the July birthdays and Skunk Alley Song Factory will play music in the park between 8 pm and midnight. There will also be fund raising for the city park at the event. 4-0 Passed.
PUBLIC COMMENT/COMMUNICATION ON NON-AGENDA ITEMS
Representative Ingraham announced that she had brought Sanders County Fair books and asked that we distribute them around town.
There was no other comment or communication.
At 10:02 Mayor Woods closed the meeting and the council went into executive session to discuss personnel issues and pending legislation. The clerk was not present for the closed session and no action was taken. The council came out of executive session and there being no further business Estill moved; Smith seconded to adjourn at 11:03 pm.