NOTICE: Carbon County Development Permit On-line Application and Process Guide  


SB 442 Override Letter - April 6

April 20, 2017

COMMISSIONERS’ PROCEEDINGS
April 20, 2017
Commissioners Doug Tucker, John Grewell, and Bill Bullock and Administrative Assistant Angela Newell were present.
8:30 Pledge of Allegiance
Gary Levine and Kathleen Armstrong with Spectrum Group Architects met with Commissioners to discuss the Request for Proposals for On-call Architecture Services.
Commissioners discussed Sheriff employee overtime with Clerk and Recorder Marcia Henigman and Angela Newell.
Commissioners sent a letter to City of Red Lodge requesting they pay an additional 16 hours of court clerk time for a total of 32 hours/week for the City Court Interlocal Agreement.
Commissioner Tucker and Commissioner Bullock met with Matriarch Construction and Ted Dinsdale; the gravel pit that had been over excavated has been satisfactorily remediated.
9:30 DES Coord. / GIS Mgr. Tom Kohley met with Commissioners for IamResponding – 1st Responder Notification System Agreement. The agreement would cover 11 entities for a period of five (5) years. There is a clause allowing the county to terminate the agreement if grant funding does not continue; the 1st year would be paid for with Homeland Security Grant funds. Red Lodge fire has agreed to pay for ¼ of the cost going forward as they already subscribe to the system. Commissioner Grewell asked how much the system will enhance public safety; Tom noted his experience with the system is that entities know which volunteers are responding before they arrive at the station helping get people in equipment and out the door faster. Text notification for 1st responders has become essential as pagers are being phased out. With the current system, texts are often delayed or sometimes not delivered as they are marked as spam. Commissioner Grewell moved to accept IamResponding Subscription Agreement for the first year and subsequent years subject to funding availability; Commissioner Bullock seconded; motion carried.
10:00 John Miller, Debbie Miller, Frank Annighofer, Diane Sharp, Mary Ellen Mangus, Stu Sharp, Shelley MacAusland, Linda Reynolds, Charlie Ross, Eleanor Gurrero Carbon County News, Karrin Bayer, Cecelia Smith, Richard Lewiallen, Thora Aldrich, and Greg Aldrich met with Commissioners for public hearing on petition to adopt East Rosebud Road as a county road. Jon Miller asked if the petitioned portion of the road would be graded at the same time as the rest of East Rosebud Road; Bill noted the time, wear and tear on equipment, and difficulties operating on the section of road past the Sandford Bridge and stated it would not be given the same priority as the existing county road portion.
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COMMISSIONERS’ PROCEEDINGS
April 20, 2017 (cont.)
Stu Sharp with the East Rosebud Lake Home Owners Association reviewed the history of the effort to get the road adopted as a county road noting this was the second petition brought forth by the Association’s attorney Ross Keogh from Worden Thane PC, the original petition was withdrawn. Stu read a letter from Ross Keogh (attached). There was discussion about the 40’ easement in the Black Butte Subdivision; Debbie Miller noted a home on the lot would have encroached the right-of-way if a 60’ easement had been granted. John Miller asked about maintenance; Commissioner Grewell confirmed adopting the road as a county road does not guarantee any road upgrades or maintenance. There were some additional questions regarding maintenance with Commissioners noting road and bridge fund taxes from property accessed off that portion of road amount to about $20,000. Commissioner Grewell reminded the public that the maintenance discussion was outside of the scope of today’s public hearing.
Commissioner Bullock moved to order the petitioned portion of East Rosebud road be adopt as a county road; Commissioner Grewell seconded; Commissioner Grewell made a statement of findings (included in the order); motion carried.
There was some additional discussion regarding the process to create a special road improvement district.
10:40 Mike Buechler and Sarah Mahoney met with Commissioners regarding the Edgar Sewer District. The District has a new board and is looking for guidance.
11:00 Motor Grader bid opening. Kraig Pester from Tractor and Equipment and Matt Eaton from RDO Equipment were present. Bids were received as follows:
• Tractor and Equipment: New 2017 Caterpillar 160M3 AWD $350,346, trade $71,000, rear ripper included, Capital I postless snow wing included, v-plow $10,500.
• RDO: New 2017 John Deere 872GP $339,500, trade $70,500, rear ripper $17,000, Little Falls postless snow wing $17,000 or Capital I postless snow wing $20,500, v-plow $7,250.
• RDO: Used 2015 John Deere 872GP 698hrs $253,000, trade $70,500, rear ripper included, postless snow wing $12,000, v-plow $5,000.
All bids included the required bond. Commissioners will review bids to award at a later date.
11:30 Planning Director Monica Plecker met with Commissioners regarding subdivision preliminary plats. Bill Karas and Kate Stout with Red Lodge Surveying were present. 
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COMMISSIONERS’ PROCEEDINGS
April 20, 2017 (cont.)
Amended Plat Beartooth Business park at Remington Ranch is dividing a 5 acre parcel. Monica noted some concerns were raised about the ditches that run through the subdivision; the existing ditches are noted on the plat. Conditions recommended by the Planning Board were: 1. Filing of the final plat shall be subject to final review and approval of the well and City Sewer provisions by MDEQ and the City of Red Lodge. 2. A notation shall be provided on the final plat that legal and physical access is provided per 76-3-608(3)(d) MCA. 3. A weed management plan shall accompany the final plat. 4.The final plat shall be prepared and reviewed in compliance with Section IV-C of the County Subdivision Regulations as applicable. Commissioner Grewell moved approval of the preliminary plat for Beartooth Business park with conditions as recommended by Planning Board; Commissioner Bullock seconded; motion carried.
Heavens Gate Subdivision is dividing an eight-acre parcel into two parcels one three acres and the other five acres. One comment was received from a neighbor objecting to the proposed driveway on the parcel adjoining their property. Noting private property rights, the Board did not recommend any conditions related to the objection. Conditions recommended by the Planning Board were: 1. Filing of the final plat shall be subject to final review and approval of the well and septic provisions by the Montana Department of Environmental Quality. 2. A notation shall be provided on the final plat that legal and physical access is provided per 76-3-608(3)(d) MCA. 3. The final plat shall be prepared and reviewed in compliance with Section IV-C of the County Subdivision Regulations as applicable. 4. The road providing access shall be built in accordance with the Carbon County Subdivision Regulations prior to final plat approval. A professional engineer or the County Road Superintendent shall inspect the road to ensure it has been constructed to such standards. 5. A weed management plan and weed bond shall be in place prior to final plat approval. 6. The alternative fire fee shall be in place at the time of final plat approval. 7. The preliminary plat shall be corrected to accurately show Lot 1 and Lot 2. Commissioner Grewell moved approval of preliminary plat for Heaven’s Gate subdivision; Commissioner Bullock seconded; motion carried.
Dickinson Minor Subdivision. The subdivision is for estate planning. They have requested a variance with regard to the ditch crossing as there would only be one additional home and they do not believe the impact would be significant enough to widen the crossing an additional 4’. The Planning Board recommended approval of the requested variance and the following conditions: 1. Filing of the final plat shall be subject to final review and approval of the well and septic provisions by the County Sanitarian. 2. A notation shall be provided on the final plat that legal and physical access is provided per 76-3-608(3)(d) MCA. 3. A weed management plan shall accompany the final plat.

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COMMISSIONERS’ PROCEEDINGS
April 20, 2017 (cont.)
4. The final plat shall be prepared and reviewed in compliance with Section IV-C of the County Subdivision Regulations as applicable. 5. Legal and Physical access be obtained for Lot 2. Commissioner Grewell moved approval of Dickinson Minor subdivision with conditions and variance; Commissioner Bullock seconded; motion carried.

Monica and Commissioners also discussed the comment period for Group 2 Development Permits. The Planning Board settled on a 30-day comment period although staff had recommended a two-week comment period. Since the amended Development Regulations took effect last summer there have been four (4) Group 2 Permits; two were related to the Yager gravel pit, one was related to a NorthWestern energy utility, and the other was for a seasonal produce greenhouse. Commissioners agreed the 30-day comment period slows down the process and would prefer the comment period be similar to other County regulations which only require 15 days.

12:00 Adjourned

Respectfully submitted: Angela Newell, Administrative Assistant