Anaconda-Deer Lodge County

Work Session 7:00 p.m.

Tuesday, July 11, 2006

Discussion – Teamsters Union Contract for the Clerical Workers in the Courthouse.

Chief Executive Becky Guay addressed the Commission. She explained that she has completed negotiations with the Teamsters Union Local #2 for the Clerical staff. Mr. Don Klepper assisted with these negotiations and she is recommending a somewhat larger increase than other bargaining units due to the fact that this unit did not received an increase last year where as other bargaining units had. This also reflects management’s goal to providing comparable compensation across the entire list of county employees. CEO Guay stated that she feels the Clerks Union is the least paid throughout the Courthouse and the Commission needs to address this issue. She stated that the Union has agreed to accept an $.85 an hour increase, which is approximately 7% increase for the highest paid union member, and an 8.8% increase for an entry-level clerk. This represents 11 full time clerks and 3 part time plus 2 other county employees, the County Attorney Secretary and the Victim’s Witness Coordinator. Approximately $27,500 in new money will be required to meet the increases and the benefit cost will be $8,000. The term is for one year and the Union has agreed to several provisions to clarify contract language mainly with the sick leave language. There is a clarification for Temporary Employees to receive a salary at $7.00 per hour. There has been confusion as to what a Temporary employee should receive. Any job posting within the Teamsters Union will be set for 10 business days. With this in mind, she recommends that the Commission approve the union agreement at the next Commission meeting.

Commissioner Daniels asked for clarification on Schedule A regarding the classification for those hired prior to July 1, 1995. CEO Guay stated that she is no clear on this separate classification. She stated that she tried to have this removed but it did not happen this year. Ms. Bouck stated that she believes that this was a hold over from 1995 and it separates the “maxed out” rate of pay for those hired before 1995 and a lower amount for those hired after 1995. Commissioner Ternes thought that this was probably inserted into the agreement during the “Me Too” Clause.

Commissioner Daniels stated that she finds it interesting that a leave of absence has to be approved with the union as well as the employer. It was stated that this does not belong within this union contract but rather an agreement between the union member and the actual union.

It was agreed by the Commission that this agreement would be placed on the agenda for the next Commission meeting.

Discussion – Resolution establishing the County Attorney’s Salary (Resolution No. 06-47).

Chief Executive Becky Guay addressed the Commission. She explained that she is asking the Commission to approve a Resolution establishing the County Attorney’s Salary. This sets the County Attorney’s Salary at $69,537.00, which reflects at 2½ % increase over the FY 05/06 salary. This salary has not been increased for a year. Commissioner Sather believed that

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the County Attorney’s Salary had been increased last year. CEO Guay explained that her salary had been set at what was set as an adjustment from the Department of Justice who actually pays 48% of the County Attorney’s Salary. Anaconda-Deer Lodge County also needs to send estimates for Fiscal Year 2008-2009 and Fiscal Year 2009-2010 in order for the Department of Justice to cover any increases for those years. Ms. Guay stated that the County Attorney has provided her with a copy of the law and the opinions on it. It is very clear that each County establishes the salary for the County Attorney’s based on estimates to the DOJ. They then base their calculations on their estimates. If the County makes an error on the estimate, the County is then responsible for paying the difference between what the DOJ pays and what the salary is set at. It was also noted that there is pending legislation to tie the County Attorneys Salary with the District Court Judges. If this happens, this will increase the salary immensely by State Law.

It was agreed that Resolution No. 06-47 will be placed on the agenda for the next Commission meeting.

MISCELLANEOUS:

Main Street Paving.

Chairman Bilodeau asked when the paving for Main Street would occur. Planning Director Linda Bouck reported that the Department of Transportation has done a “walk through” to begin the design work and that the paving has been schedules for 2008.

Conditions of Streets

Commissioner Kurtz suggested that as budgets get healthier the County should look at doing a comprehensive plan to repave streets. He asked if when doing the waterline replacements, does the paving become the responsibility of the County or does it fall on the Contractor? Ms. Bouck stated that on Main Street, the paving was supposed to be done by the Contractor but since the County believed that DOT was going to an overlay of the entire street, the County was relaxed on having them pave it properly. During the waterline replacement on 4th Street, the County then demanded paving or patching and the Engineer actively watched for this.

Wildlife Friendly Fencing

Commissioner Sather announced that Lorrie Thomas had mentioned that there is a non-friendly wildlife fence going in somewhere down in the valley. She asked what has been decided on with this type of fencing.

CEO Guay announced that Linda Bouck is working the “Code of the West” for Anaconda-Deer Lodge County but this document is only an information document and nothing solid that the County could act on to enforce fencing.

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Commissioner Ternes stated that he spoke with Lorrie Thomas on this subject and he directed him with the Sportsmen’s Club and the Fish, Wildlife and Parks to identify critical wildlife corridors. Commissioner Ternes stated that he would once again speak to Lorrie Thomas regarding this challenge. Ms. Bouck agreed and stated that this would be a critical first step. If the County starts doing a blanket wildlife fencing, we will have the agricultural community up in arms. Ms. Bouck explained the other item to remember is to have it concise enough that it is enforceable. Commissioner Ternes stated again that he will explain this again.

Headwaters RC&D Area, Inc. Economic Development District Annual Report.

Commissioner Daniels provided the Board with a copy of the Headwaters RC&D Area, Inc. Economic Development District Annual Report. The Regional organization does a five-year plan for our 8 county area and this plan will be completely updated next year. This report explains what activities have been going on and she wanted the Commission and CEO to have a copy. This report also gives a background on activities that have happened over the past years.

Dust Control

Commissioner Daniels reported that she noticed a sever dust storm coming off of the north side of Opportunity Ponds and the Streamside. She stated that this was several hundred feet in the air and she stated that a formal complaint needs to be made to the EPA. She also suggested an Emergency Ordinance for dust control on all Superfund sites. She stated that the dust was rolling on Interstate 90 and everyone traveling was being subject to it. Commissioner Daniels asked the Commission and CEO to send a letter to look at an Emergency Ordinance. Commissioner Ternes stated that he would like to see a letter to DEQ stating that we are at our wits end and if DEQ fails to address the matter that Anaconda-Deer Lodge County will address the matter with adopting an Emergency Ordinance through our powers of Government. Commissioner Daniels stated that she does not want to see a letter from EPA stating that the dust is not a problem, she will be asking for proof and a guarantee that this dust is not problematic. She stated EPA has stated that the reason they do weed control is to suppress dust issues and this is mandated by the County. She stated that it maybe as simple as stating that Superfund Sites within Anaconda-Deer Lodge County must have dust contained on the site and if this is not happening then fine them.

Commissioner Kurtz asked if the State has a statute that governs the gravel pits and rock crushers that regulates those dust screens and if the state has deemed this important enough for gravel pits to have dust catching devises then perhaps there maybe some teeth in that law that we could take advantage of. He also noted that one way they controlled the Yankee Doodle dust was because it was considered an active mine. But because ARCO’s property is within the Streamside Tailings and not considered an active mine, there maybe a loop hole.

Commissioner Daniels asked about the Governments rights to enforce laws to ensure the safety of our residents. Commissioner Ternes suggested a letter to the DEQ Administrator would

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get their attention. Commissioner Daniels stated that the Board has been complaining to each other but they have not taken the steps needed.

Fireworks

Commissioner Daniels stated that she believes the County Commission needs to review the problems with Fireworks. She then explained a few incidents where fireworks had caused fires at certain properties and she feels that this situation is getting out of control. She suggested pulling the Ordinance in effect and set guidelines for lighting off fireworks.

Dilapidated Bridge

Commissioner Ternes stated that there are serious holes on the bridge going to Stumptown Road that Larry Sturm will need to investigate.

Post inspection of Washoe Park

Commissioner Ternes asked if there was a post inspection done at Washoe Park after the Goosetown Tournament. CEO Guay stated that there was some damage to the camping area and that Pat Huber will be contacted to establish a price to be charged for damages.

Gun Club Area

Commissioner Ternes apologized publicly to his neighbors in West Valley and explained that he has had classes for target shooting. He notified the Dispatch Office to inform them just in case they had any phone calls from the public.

Speed Limit Signs

Commissioner Ternes requested the Commission and staff to review how we implement speed limits and placement of speed limit signs. He reported people who do not respect road travel on areas such as Sheep Gulch Road and English Gulch Road and if the speed limit signs are not posted then the County is forced to enforce speed limits established by the state, which he believed to be at a minimum of 35 miles per hour. He stated that we need to look at how to designate speed limits and then get these roads signed.

Commissioner Kurtz asked who handles the maintenance on Warm Springs Creek Road? Commissioner Ternes believes that the County has an agreement with the Forest Service for the maintenance of this road. It may also be, to a certain length, a County Road that we are receiving gas tax funds for. Ms. Bouck stated that this is a Road Department question. Commissioner Ternes also reported that this road is not posted for speed limits.

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Goosetown Tournament

Chief Executive Becky Guay reported on the damages to Washoe Park. The Commission suggested for next year to look at not allowing camp trailers, tents only, within the area next to the Fish Hatchery.

Redevelopment Committee Meeting

Chief Executive Becky Guay reported that there will be a Redevelopment Committee meeting on July 13, 2006 at 6:00 p.m. here at the Courthouse. John Wardell of the EPA will be in attendance to discuss what EPA has in mind about Superfund Cleanup. She stated that notices have gone out via E-Mail on July 7th and she has heard a response from 4-5 members that they will be in attendance and only one has stated that they will not be able to make it.

Final Budget vs. Expenditure Report

Chief Executive Guay reported that she has the Final Budget versus Expenditure Report for fiscal year 05-06. She stated that she is happy to report that the General Fund had an appropriation of $2,772,690 and the County has spent only $2,442,927 leaving a positive balance of approximately $330,000. She gave “kudos” to the Commission and County staff. There were only two General Fund Budget that exceeded their budget and that was the Coroner’s Office and the Sanitarian. The Coroner’s budget was exceeded due to a large number of autopsies and the Sanitarian’s was due to placing their Assistant Sanitarian at a full time status. Ms. Guay reported that the Wastewater Treatment fund was also over budget by only $911.00 and she will need to do a budget amendment for. There is money within this fund but the appropriation was set low. The Commissary Fund was also over budget however Ms. Guay will be looking at this fund because she does not believe that this should be set up as an “enterprise” fund and should not be set as a stand-alone fund. There will also need to be a budget amendment for this fund for the amount of the over expenditure of $435.00. The grand total of the current appropriations for the entire County was $13.8 million and the expenditure amount was $10.3 million. Ms. Guay stated that everyone has done an outstanding job of staying within budget.

Commissioner Ternes stated that $330,000 in the General Fund is incredible! Considering where we were at and how bad the scenario was. Ms. Guay clarified this by stating that the General Fund does not have $330,000 in it, this is the amount we came under budget by. She stated that the Revenue Expenses came in fairly close and we under estimated revenue and she gave a thank you to Ms. Linda Bouck.