Draft Minutes of Board of Aldermen Thursday November 10, 2016

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Posted by chopkins | Posted in Board of Aldermen Minutes | Posted on 16-11-2016

MINUTES OF THE BOARD OF ALDERPERSONS

                      REGULAR MEETING

                                    ON

                    NOVEMBER 10, 2016

                         AT 7:00 P.M.

               AT BILLINGS CITY HALL

 

Present were: President of the Board Melissa Venable, Chief David Taylor, Attorney Jim Kelly, Water & Sewer Maint. Supt. Randy Poindexter, Treasurer Chris M. Hopkins and

City Clerk Ruth M. Haskins. 

 

Citizens and guests present were:  Garrett Pearce, Issac Pearce, Johnny Monger,

Kathy Monger and W. J. Walker.

 

ROLL CALL.

Jack VanZandt            Present

Holly Fender                Present

Don Powell                   Present

Mickey Brown             Present

Jessie Coker                 Present

Melissa Venable          Present

 

Venable opened the meeting with a prayer.

 

Venable asked everyone to stand for the Pledge of Allegiance.

 

PUBLIC PARTICIPATION.  After Old Business was completed, Fender stated did not ask for any Public comments.  Fender would like to Thank all the Veterans for their service.  Brown stated the Memorial Wall looks good.  VanZandt asked if any word on the repairs of the building or the Water Tower.  Haskins stated the contractor had brought in samples for the stone and stated as soon as the material was ordered they would start on the City Hall.  Poindexter stated the Engineer was trying to contact Hogan to see when they were planning on starting.

 

OLD BUSINESS.

a.     BILL NO. 16-15 — An Ordinance Amending Subsection 13 of Section 215.010 of the Code of Ordinances as the Same Relates to Nuisances Affecting Health. Motion to have the First Reading of Bill No. 16-15 by Title Only made by Brown seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-15 by Title Only.  Haskins read Bill No. 16-15 by Title Only.  Motion made by Fender to accept the First Reading of Bill No. 16-15 by Title Only seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Discussion:  Coker had some concerns, did not understand the exceptions.  Kelly explained and cleared up the misunderstanding.  Motion to have the Second Reading of Bill No. 16-15 by Title Only made by Powell seconded by Fender.  Voting “Aye” Venable, Fender. Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-15 by Title Only.  Haskins read Bill No. 16-15 by Title Only.  Motion made by Coker to accept the Second Reading and for Final Passage thereof seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Bill No.  16-15 is now Ordinance 215.010.

b.      BILL NO. 16-16 — An Ordinance Amending Section 605.025 of the Code of Ordinances as the Same Relates to the Issuance of Business Licenses. Motion to have the First Reading of Bill No. 16-16 by Title Only made by Brown seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-16 by Title Only.  Haskins read Bill No. 16-16 by Title Only.  Motion made by Powell to accept the First Reading of Bill No. 16-16 by Title Only seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Motion to have the Second Reading of Bill No. 16-16 by Title Only made by Powell seconded by Brown.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-16 by Title Only.  Haskins read Bill No. 16-16 by Title Only.  Motion made by Powell to accept the Second Reading and for Final Passage thereof seconded by Coker.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Bill No. 16-16 is now Ordinance 605.025.

c.     BILL NO. 16-17 — An Ordinance Amending Section 605.030 of the Code of Ordinances as the Same Relates to License Fees. Motion to have the First Reading of  Bill No. 16-17 by Title Only made by VanZandt seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None. No abstentions.  Venable asked the City Clerk to read Bill No. 16-17 by Title Only.  Haskins read Bill No. 16-17 by Title Only.  Motion made by Powell to accept the First Reading of Bill No. 16-17 by Title Only seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Motion to have the Second Reading of Bill No. 16-17 by Title Only made by Coker seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-17 by Title Only.  Haskins read Bill No. 16-17 by Title Only.  Motion made by Coker to accept the Second Reading and for Final Passage thereof seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Bill No. 16-17 is now Ordinance No. 605.030.

d.     BILL NO. 16-18 — An Ordinance Amending Section 605.050 of the Code of Ordinances as the Same Relates to Terms of Business Licenses Issued. Motion to have the First Reading of Bill No. 16-18 by Title Only made by Brown seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-18 by Title Only.  Haskins read Bill No. 16-18 by Title Only.  Motion to accept the First Reading of Bill No. 16-18 by Title Only made by Coker seconded by Brown.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Motion to have the Second Reading of Bill No. 16-18 by Title Only made by Coker seconded by Brown.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions. Venable asked the City Clerk to read Bill No. 16-18 by Title Only.  Haskins read Bill No. 16-18 by Title Only.   Motion to have the Second Reading and for Final Passage thereof, made by Fender seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Bill No. 16-18 is now Ordinance 605.050.

e.     BILL NO. 16-19 — An Ordinance Amending Section 605.120 of the Code of Ordinances of the City of Billings as the Same Relates to Garage or Yard Sales. Motion to have the First Reading of Bill No. 16-19 by Title Only made by Fender seconded by Brown.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-19 by Title Only.  Haskins read Bill No. 16-19 by Title Only.  Motion to accept the First Reading by Title Only made by Powell seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Motion to have the Second Reading of Bill No. 16-19 by Title Only made by Coker seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-19 by Title Only.  Haskins read Bill No. 16-19 by Title Only.  Motion to accept the Second Reading and Final Passage thereof, made by Coker seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Bill No. 16-19 is now                  Ordinance 605.120.

f.      BILL NO. 16-20 — An Ordinance Repealing the Provisions of Chapter 610 of the Code of Ordinances as the Same Relates to Peddlers and Solicitors. Motion to have the First Reading of Bill No. 16-20 by Title Only made by Coker seconded by Brown.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-20 by Title Only.  Haskins read Bill No. 16-20 by Title Only.  Motion to accept the First Reading of Bill No. 16-20 by Title Only made by Coker seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Discussion:   Kelly stated the Board needs to understand that this means there will be no regulations for Peddlers and Solicitors.  Venable asked why the repeal of this Ordinance.  Powell stated cleaning up the code book.  Venable asked if there needs to be a Peddlers License.  Hopkins stated with this Ordinance in place the City can’t do any background checks, if there is a Solicitor in town, unless they come into City Hall, the City has no knowledge of the activity.  Kelly stated the citizens could put out a “No Trespassing” sign.  Coker stated she didn’t think this needs to be repealed.   Venable asked Chief the procedure if a citizens calls and states that there is a Solicitor at their door and want something done about it.  Chief stated he will go check the person and get identification for the person and if the citizen tells them to get off their property, they will receive a ticket for trespassing.  Powell stated then this is only to clean up the book.  Motion to postpone to December meeting made by VanZandt seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.        

g.      BILL NO. 16-21 — An Ordinance Amending Section 700.280 of the Code of Ordinances of the City of Billings as the Same Applies to Tampering with City Property. Motion to have the First Reading of Bill No. 16-21 by Title Only made by Coker seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-21 by Title Only.  Haskins read Bill No. 16-21 by Title Only.  Motion to accept the First Reading of Bill No. 16-21 by Title Only made by Coker seconded by Brown.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Motion to have the Second Reading of Bill No. 16-21 by Title Only made by Powell seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-21 by Title Only.  Haskins read Bill No. 16-21 by Title Only.  Motion to accept the Second Reading and for Final Passage thereof made by Powell seconded by Coker.  Voting “Aye’ Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Bill No. 16-21 is now Ordinance 700.280.

 

NEW BUSINESS, MEMORIALS, PROCLAMATIONS AND ORDINANCES.

a.     Motion to accept and approve the Consent Agenda made by Brown seconded by Fender. Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.

b.     Finding of Fact from Planning & Zoning Commission for the Whispering Heights Subdivision Phase 2 & 3 owned by Johnny Monger. Venable talked to Jason Baker about this item and Baker stated he was confused because he had not signed the document and was not comfortable with this being presented due to the fact that the Preliminary Plat for this project had already been approved by a previous P & Z Board, therefore the Board of Aldermen do not need to approve this either.  Kelly stated the Preliminary Plat needs to be approved by the Board.  Kelly stated as submitted complies with all requirements.  Walker stated Simmons Eng. has already approved the Plat, if the new City Engineer approves the Plat the Planning and Zoning Commission will have nothing else to say about this.  Motion to approve the Plat subject to the approval of the City’s current Engineer made by Brown seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.

c.      Chief Taylor stated Officer Heelys probation is over, would like to retain of the force. Chief also requested a raise of $.25 per hour.  Motion made by VanZandt to retain Neely and increase his hourly rate by $.25 seconded by Powell.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.         No abstentions.

d.     Hale printing has invoiced the City for $210.00 on the emergency signs. Motion to pay Hale made by Coker seconded by Brown.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.

 e.     BILL NO. 16-22 — An Ordinance Amending the Budget for the Fiscal Year

January 1, 2016 to September 30, 2016.  Motion to have the First Reading of Bill No. 16-22 by Title Only made by Powell seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-22 by Title Only.  Haskins read Bill No. 16-22 by Title Only.  Motion to accept the First Reading of Bill No. 16-22 by Title Only made by Powell seconded by Brown.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Motion to have the Second Reading of Bill No. 16-22 by Title Only made by Coker seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Venable asked the City Clerk to read Bill No. 16-22 by Title Only.  Haskins read Bill No. 16-22 by Title Only.  Motion to accept the Second Reading and for Final Passage thereof made by Powell seconded by Fender.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  Bill No. 16-22 is now Ordinance No. 16-22.

f.     Motion to approve payment of wages, expenses, bills, statements, and other expenditures for the month of October, 2016 made by Coker seconded by Powell. Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.  

Christmas Parade, December 3, 2016 @11:00 a.m.                                                                                                                  

No further business.

Motion for adjournment made by VanZandt seconded by Coker.  Voting “Aye” Venable, Fender, Brown, Coker, Powell and VanZandt.  Voting “Nay” None.  No abstentions.

 

 

 

                                                                               __________________________________

                                                                               Melissa Venable, President of the Board

 

 

ATTEST

 

 

_______________________________________

Ruth M. Haskins, City Clerk

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