Carbon County Development Permit Package

SB 442 Override Letter - April 6

August 25, 2016


August 25, 2016

Commissioners Doug Tucker, John Grewell, and John Prinkki were present.

8:30 Pledge of Allegiance

Commissioner Tucker met with Hardrives Construction to review asphalt repair projects on Roberts Cooney Rd and West Pryor Road. Commissioners are considering changing the specifications for the projects.

Deputy Clerk and Recorder Christine Stovall met with Commissioners to suggest budget cuts to make up for the lost federal mineral royalty revenues. Commissioners’ dues came in less in the 2015-2016 fiscal year and could reduce by $3000. She noted the Building Capital Outlay is quite a bit higher than the previous year; the Commissioners did not want to cut any projects. In the Road budget the chemicals line item could be reduced. She also suggested that fuel in the Road and Bridge budgets could be reduced; Commissioners reduced fuel in both budgets to $125,000. They also reduced gravel for Farewell Road from $40,000 to $10,000.

9:00 Albert Brown, Brent Moore, Monica Plecker, Jacque Papez, and Becky Grey met with Commissioners to discuss Oil & Gas Conditional use permits under the recently adopted Development Regulations. Albert asked what criteria will be used to establish who has right to proceed if there are conflicting permits when the minerals and surface have different owners. He is concerned that the well site setback provisions could create a conflict. Monica noted that a Group One Development Permit is now required for residential structures and the first application received would take precedent for their review. Commissioners would like clarification in the regulations that the permit application date dictates a permit’s precedent.

9:10 County Attorney Alex Nixon joined the meeting.

The meeting was closed to discuss litigation strategy.

9:25 meeting was reopened.

Deputy Clerk and Recorder Lola Ashby joined the meeting. Commissioners discussed issues with Rocky Mtn. Timberlands lots that do not have legal access across BLM roads. Some property owners have been given an address based on the property’s geocode but they may still have issues getting utilities at the location. If BLM designated as public roads in their travel plan it would provide legal access. Attorneys do not believe it is a county issue. It was noted the price of the parcels reflects their lack of access.

Commissioners discussed dispatch office construction and the need to negotiate lease terms with Red Lodge Rural Fire District #7. Commissioners asked Jacque to start drafting a lease agreement.

Commissioners discussed the proposal to add and elevator to the Courthouse to provide ADA access to District Court. Commissioners noted the estimated cost is about the cost of new construction and is not feasible in the short term. It would also only provide access to the Court Room and not the Justice and District Court Business Offices.

9:40 Martin Kimmet joined the meeting; he was curious about the Mud Springs Wind Project and was not able to come at the agendaed time. Commissioner Prinkki noted EverPower is waiting on power purchase agreement from Pacific Corp.

10:00 Commissioners reviewed their current committees and projects. Commissioner Grewell is a board member for the Area II Council On Aging and tries to attend senior center board meetings. He also serves on the Mental Health Center Advisory Board and the Rail Competitive Service Commission. Commissioner Tucker serves as a board member for the Beartooth Resource Conservation and Development Board. Commissioner Prinkki is a member of the Custer Gallatin Working Group, Human Resource and Development Council, Montana Association of Counties Health Care Trust, and will be stepping down as a member of the National Association of Counties (NACo) Board of Directors and the NACo Environment Energy and Land use committee.

Commissioner Tucker moved to approve meeting minutes for August 4th and 8th; Commissioner Grewell seconded; motion carried.

City of Red Lodge voted to approve paying for the Red Lodge Cemetery District mail ballot election. Commissioners will agenda a resolution of intent to order referendum to create district.

11:00 Mud Springs Wind Project is currently on hold until a power purchase agreement with Pacific Corp. is secured. They may file a complaint with the Wyoming Public Service Commission to force the contract execution.

11:30 Optimum Renewables has contacted the commissioners to inquire as to what permitting Carbon County requires for wind farms. They have been notified of the required group 3 development permit for conditional uses.

Commissioners discussed lowering the budget reserve rather than making more cuts to the budget. They will revisit next week.


Commissioners discussed the Bridger Cemetery District land swap. Commissioner Tucker has asked Civil Deputy Attorney Jacque Papez to verify if three uninterested parties may assess the parcel values.

12:00 Adjourned



Respectfully submitted: Angela Newell, Administrative Assistant