Dutton Town Council Considers Land Purchase, Sewer Lagoon Improvement
Dutton Country Courier
In March, the Dutton Town Council discussed the Sewer Lagoon Improvement Project and continued its conversation about a proposal for the the town to buy Block 26, lots 4-12 from Clarus Lyons.
The following are the minutes from the March 12th meeting of the council and below those are the minutes from the March 2nd meeting, in which the council talked about the original plan for the Lyons property as well as a legal matter concerning discharge at the sewer lagoon.
March 12th, 2009 Town Council Meeting:
Mayor Fleshman called the Special Town Council Meeting of March 12th, 2009 to order at 2:06 pm at the Dutton Town Hall
Present: Fleshman, Tharp, Storle, Dauwalder, Schoonover, Fuhringer, Nancy Thornton (Choteau Acantha), Candace Ellsworth, Charles Proff, George Kremer, Barry Fleshman; Bob Church and Shawn Byrant (Great West Engineering) were present by conference call. Councilman DeMars was present a few minutes after the call to order.
Public Comment
There was no Public Comment
Conference Call with Great West Engineering (Bob Church)
Engineer Bob Church explained the e-mail (attached) sent to the Town on 3.10.09 to explain possible funding scenarios for the Sewer Lagoon Improvement Project. These funding strategies are possible through the Federal Stimulus Package to the State of Montana. Currently the Legislature is reviewing HSB 645, which will outline where these monies will be spent specifically spent. If this bill is passed as proposed, the Town may be able to fund the Sewer Project as proposed in Funding Plan A (as described in Church’s e-mail). The State Revolving Fund requires that the Town have an Engineering Contract in place, as well as the land that is proposed as a part of the project, be acquired by the time the application is submitted. If the Town is not awarded these funds, we will still plan to use the $100,000 that we have been granted through the DNRC to upgrade the Sewer Lift Station.
Contract Amendment with Great West Engineering for Design Phase of Sewer Lagoon Improvement Project
The Council reviewed the Contract Amendment for Great West Engineering. Councilman Storle asked for clarification of fees and what these fees included. Councilman DeMars asked for clarification as to when this contract would start. Bob Church explained that the Council could send a letter with the approved contract stating that Great West Engineering is not to incur any costs until the Town gave written notice to proceed. Motion by Dauwalder, Second by Storle, Motion Carried to approve the $270,000 Contract Amendment No.2 with Great West Engineering for the Design Phase of the Sewer Lagoon Improvement Project, with the stipulation that the Town will not incur any costs until Great West receives a written letter from the Town to proceed.
Discussion and Resolution to Purchase Lyons’ Property
This agenda item is a follow-up discussion from the 3.2.09 Council Meeting. Since that time, Bob Church was able to research these tanks through DEQ, and found they are not listed on any of the 3 lists that DEQ has in place to identify locations, possible contamination sites, or clean-up sites. If the Town does purchase the lots with the tanks on them, Church explained that a Phase I or Phase II Environmental Review must be completed to determine what environmental liability there is with these tanks. The Mayor spoke with Mr. Lyons’ and explained the reservations that the Council has and discussed the possibility of purchasing all the lots, except those with the fuel tanks on them, with the option to maintain those lots with Mr. Lyons’ approval. Mr. Lyons was agreeable to this. The Council discussed the dimensions, where the tanks might be, and what the Town might want to do with these lots. The Council gave the Mayor permission to continue the efforts to locate these fuel tanks.
The Mayor adjourned the meeting at 3:06 pm.
Signatures are available on the official minutes at Town Hall.
Minutes from March 2nd, 2009 Meeting:
Mayor Fleshman called the meeting of March 2nd, 2009 to order at 7:30 pm at the Dutton Town Hall
Present: Fleshman, Tharp, Storle, DeMars, Dauwalder, Schoonover, Fuhringer, Barry Fleshman, Nancy Thorton (Choteau Acantha), and Clint Ellsworth (Deputy Sheriff)
Minutes of February 2nd, 2009 meeting were read and approved as read
Motion by Tharp, Second by Storle, Motion Carried to pay claims as follows:
Claims are listed on the official minutes at Town Hall
Mayor’s Report
Bob Church, Great West Engineer, met with the Mayor and the operator for the proposed spray irrigation site of the Sewer Lagoon Improvement Project. All interested parties are reviewing the draft agreements. The Council then discussed the spray irrigation system vs. total retention and what the logistics of the two scenarios might involve. Leo Kapp from Montana Assistance Program was here to inspect the water system. MAP has a contract with DEQ to alert systems of possible problem areas. We will be receiving a written report but initially all looked good to Mr. Kapp. At this same time the water tank developed a small leak near the base. DuMar Construction was here within a week and fixed the leak, as well as putting sealant on a few other problem areas. The Mayor asked the Council to be thinking about possibly painting the inside of the tank, which would require draining it. The Council then discussed what they would like to purchase for the Centennial Celebration to hand out during Fun Day. Motion by Tharp, Second by Dauwalder, Motion Carried to purchase 1500 Town of Dutton pens at $.39 apiece. Motion by Storle, Second by DeMars, Motion Carried to purchase 100 lapel pins from the Dutton Fun Day Committee at their cost. Assistant Clerk Fuhringer and Town Man Troy Behm will be attending a safety workshop Wednesday, March 4th in Great Falls; the Mayor will be attending the Mayor’s Forum March 5th and 6th in Helena.
Resolution to Purchase Lyons’ Property
The Town has an opportunity to purchase Block 26, lots 4-12 from Clarus Lyons. The Mayor has been in contact with him and he is willing to sell these lots for $35,000, AS IS, including the three trailers and wooden storage building that are currently on the property. Councilman DeMars voiced his concern over the underground storage tanks that are possibly still on the lots where the old service station was located in the 1950’s. Councilman DeMars will do some investigation on storage tanks and initiate some phone calls. The Council tabled this agenda item until more information is obtained.
Discussion on City Attorney Letter
City Attorney, Kenneth Olson, received a letter from the Schuler Ranch attorney regarding their dissatisfaction and inconvenience of the Sewer Lagoon discharge. The Mayor informed the Council that the Town has always discharged within the permit limits set by DEQ, as well as verbal permission from Jeff May, Water Quality Specialist from DEQ. The Town has always notified Frank or Joyce Schuler before the lagoon is discharged. To our knowledge, the Schuler’s have never requested that we not discharge, or wait to discharge. The Council then discussed other things that have been done to minimize the smell and weeds. The City Attorney will write a letter in response, after a conference call with the Mayor and Clerk Jean Schoonover.
Public Comment
Barry Fleshman addressed the Council in regards to the next agenda item, Construction Applications being submitted by Christi Jeffus. Mr. Fleshman is an adjacent landowner to Ms. Jeffus and would like the proposed garage to be built at least 6 feet from the property line, as outlined in Town Ordinances.
Deputy Clint Ellsworth informed the Council that the appeal hearing for Don Zimmerman is tentatively scheduled for March 16th. Subpoenas will be sent to all who must attend.
Christi Jeffus Construction Applications
Christi Jeffus submitted two construction applications for a fence and moving the existing and/or building a new garage at her property at 113 Main Street East. The Council reviewed the applications and requested that Town Ordinances and guidelines be sent to Christi, asking her to make the corresponding changes and re-submit her application to the Council for approval.
Council Comment
Councilman Craig Storle reported that he would be attending a Planning Board Meeting next Monday March 9th, in Choteau.
Councilman Tom DeMars discussed the mobile home unattractive nuisance at 101 1st Ave NE. The Council requested a letter be sent to the landowners, informing them that the open trailer is dangerous, an eye sore, and must be cleaned up immediately. DeMars, on behalf of the Civic Club, requested materials and/or labor from the Town to help them work on the fence at the Recreation Complex.
The Mayor adjourned the meeting at 9:26 pm.
Signatures are available on the official minutes at Town Hall.
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