3-3-2005 Dinwiddie claiming the City doesn’t have an inspector because of liability issue

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MONTROSE COUNCIL MEETING

PUBLIC HEARING & REGULAR MEETING

March 3, 2005

The Montrose City Council met for Regular meeting at 7:00 p.m. on the 3rd day of March 2005.  Council met at City Hall, 102 S. 2nd St. pursuant to law with Mayor Ronald Dinwiddie presiding and the following Council members present: Brisby, Holland, Junkins, and Slater.  Roberts was absent.  

Call to Order. Regular meeting called to order at 7:00 p.m.  

Agenda. Moved by Holland, seconded by Slater to approve Agenda without Item No. 2 under New Business. All ayes. Motion declared carried.

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Ordinance No. 191. Councilwoman Brisby says we had a building inspector at one time.  Dinwiddie says we don’t have one now because the City didn’t want to be responsible if they inspected a home and something happened. Brisby also states the City had a building code at one time. Dinwiddie says that code was from the 1980’s. We are now adopting the International Building Code. He says even if we don’t have a building inspector, if someone has a complaint the City could enforce the International Code.  Moved by Holland, seconded by Slater to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY AMENDING PROVISIONS PERTAINING TO CHAPTER 50 SO AS TO PROVIDE A NUISANCE CODE FOR NUISANCE ENFORCEMENT. Roll call voting 4-0.  Brisby, aye; Roberts, absent; Slater, aye; Junkins, aye; Holland, aye. Motion declared carried unanimously.  

Ordinance No. 192. Moved by Holland, seconded by Brisby to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE INTERNATIONAL BUILDING CODE. Roll call voting 3-1. Junkins, aye; Slater, nay; Brisby, aye; Roberts, absent; Holland, aye. Motion declared carried.  

Ordinance No. 193. Moved by Holland, seconded by Junkins, to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE UNIFORM CODE ON ABATEMENT OF DANGEROUS BUILDINGS.  Roll call voting 4-0.  Roberts, absent; Brisby, aye; Holland, aye; Slater, aye; Junkins, aye. Motion declared carried unanimously.

Ordinance No. 194. Councilman Holland says the Fire Department doesn’t have the Fire Code books. They do not do inspections because of the liability. He says the City can ask the State Fire Marshal to inspect a building if needed. Moved by Holland, seconded by Brisby to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE UNIFORM FIRE CODE. Roll call voting 4-0.  

Slater, aye; Junkins, aye; Holland, aye; Roberts, absent; Brisby, aye. Motion declared carried unanimously.  

Ordinance No. 195. Dinwiddie says the City is responsible for the trees between the sidewalk and the street. Moved by Holland, seconded by Junkins to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY AMENDING TREES. Roll call voting 3-1.  Holland, aye; Brisby, aye; Junkins, aye; Roberts, absent; Slater, any. Motion declared carried.

Hiring Police Chief. Clerk/Treasurer Cirinna says she received ten applications. All had been notified of the physical given by the Sheriff’s Office on March 10, 2005 at Central Lee. Council will meet at 5:00 p.m. on March 10, 2005 to review applications of the persons who have passed.

Dinwiddie went to the ILEA Records Requirement School. He says they realize not all towns hire a Police Chief the proper way. The City will now follow ILEA hiring standards. First there is a physical, the first interview, the MMPI and a second interview; all the while weeding out applicants.

Hiring Reserve Officers. Dinwiddie says we should wait. Kent Rubey concurred, saying we should wait until a Chief is hired.  

        

1-6-2005 min nuisance abatement discussion,

PAGE 185

MONTROSE COUNCIL MEETING

REGULAR MEETING

January 6, 2005

The Montrose City Council met for Regular Meeting at 7:00 p.m. on the 6 th day of January 2005. Council met at City Hall, 102 S. 2nd St. pursuant to law with Mayor Ronald Dinwiddie presiding and the following Council members present: Brisby, Holland, Junkins, Roberts and Slater. PAGE 186

MONTROSE COUNCIL MEETING JANUARY 6, 2005, PAGE 2

He also says there is a boat parked on the corner of Cedar and 1st St, Di Anna Chamberlin’shome. He says there was nearly a wreck. First Reading of Ordinance No. 191 regarding nuisance and junk vehicles. Cirinna is waiting to hear from the City Attorney regarding “Notice to Abate”. No action taken at this time. Tabled to February 3, 2005 meeting. Ralph St. Clair wanted to know what rules the City was using; State, County or City. Did Bob Conlee have to pass the pre Academy physical? Dinwiddie says State rules. He says Bob Conlee knew he had to be certified within one year. John Farmer was certified in Missouri, so he didn’t have to go to the Academy. 

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Consider hiring process for Chief of Police. Dinwiddie says he will speak with Sheriff Buck Jones about working something out with the Sheriff’s Office. It is proposed that the City pay the Sheriff’s Office a certain amount (to be determined) and our present police officers will take care of the day to day business. This way, City ordinances will be enforced. Brisby says we need to look at everything. Roberts says the local police can keep a problem small. Jason Dinwiddie says presently, a deputy can do everything but bookingThe Mayor, Holland and deputies will speak with Jones. Brisby asked how the officers are currently paid; are they paid for on call? While home? On the job? She says they should be paid only if called. Dinwiddie says they are being paid for on call. Dinwiddie says from now on, they will be paid one half their hourly wage for on call time and full hourly rate if called out.Hiring Reserve Police Officers. No action taken at this time.

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Employee Comments. Cirinna, Junkins and Hoenig had no comments. Dale Sanders says he has called Don Smith at Huffman’s about rust on the sign, but has not heard back from him. Dinwiddie says he will contact Smith. Holland wants to know where Kent Brisby stands at being on duty. Can he be a backup? Jason Dinwiddie says it doesn’t hurt to have someone to help out. Holland says we don’t want to have burn out, such as when Jason was working alone while Rubey and Smith were out sick. Mayor Dinwiddie says Brisby has an application in for Reserve. Brisby says he has to certify with a gun at the Sheriff’s Office. Dinwiddie says he has to be rehired. Holland says Council would have to go through other applications. He wants the matter on the February 2, 2005 Agenda. Holland also wanted to know if the Police Dept. had bought Stop Sticks yet. Dinwiddie says no; they will use the money received from the Lee County Narcotics Task Force for this purchase. Holland and Judy Brisby say Kent Rubey needs to be at the Council meetings. He needs to come to the budget workshop if the Police Dept. needs something budgeted. Roberts says she asked the State if they would please approve the signage coming into Montrose so drivers can better see it and was told they have their own standards and the signs won’t be changed.

Adjournment. Moved by Holland, seconded by Slater to adjourn at 8:55 p.m. All ayes. Motion declared carried.

Respectfully Submitted,

Ronald L. Dinwiddie, Mayor

Attest:

Celeste L. Cirinna

Clerk/Treasurer