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February 24, 2022

COMMISSIONERS’ PROCEEDINGS
February 24, 2022
Commissioners Scott Miller, Scott Blain, and Bill Bullock; and Administrative Officer Angela Newell were present.
8:30 Pledge of Allegiance.
Crystal Roascio met with Commissioners regarding the schools’ use of Express Votes ballot marking machines. Miller moved to approve the Memorandums of Understanding; Bullock seconded; motion carried.
Blain moved to approve Commissioners Proceedings for January 26th and February 1st and 3rd; Bullock seconded; motion carried.
9:30 Red Lodge Mayor Kristen Cogswell met for her regular meeting. Discussed County’s Exotic Dancing Ordinance, marijuana regulations (commissioners would like to consider the implementation of operating hours), and Alcohol regulations (Cogswell believes they are too tied to prohibition era restrictions). Discussion about merchandise and events at the motorcycle rally that may be construed as “obscene.” Discussed Rodeo parking; City has issued a blanket permit for Rodeo, 4th of July parade, and Renaissance Fair to use properties that have been historically used for parking. City code requires a permit and Cogswell believes the blanket permit will provide some assurances for the Rodeo Association.
9:45 Steve Roi joined the meeting
10:00 County Attorney Alex Nixon, Contract Civil Deputy Attorney Jacque Papez, and Treasurer Lori Lynde met with Commissioners to discuss Resolution authorizing the County Attorney to have a checking account for driver’s license records fees. Newell noted the account would be funded with a check out of the claims process. Miller moved to approve Resolution 2022-06 Authorizing Carbon County Attorney to open checking account; Blain seconded; motion carried. Discussed meal allotment for witnesses for the upcoming trial.
Discussed marijuana Interim Zoning and pending Group 2 Development Permit applications. Papez noted that pending applications could be subject to interim zoning if it is clear in regulations that they are retroactive but it is difficult to require those already approved to come into compliance. Discussion about case law regarding retroactively applying zoning regulations with cases involving the City of Red Lodge. Discussion about draft zoning language that allows for non-conforming uses with an exception for signs. Blain would like to limit businesses to precincts where it was approved; attorneys cautioned against this.

Discussion regarding citizen initiated zoning petitions regarding marijuana businesses; attorney’s believe interim zoning is a better route to take.
11:00 Mike Keys met with Commissioners for the Public Hearing regarding placing a 3% Marijuana Local Option Tax on the June primary ballot. Blain moved to open the Public Hearing; Miller seconded; motion carried. Public comment: Keys noted possible tax over the last two months would be on approximately $100,000 in sales per month. Noted his dispensary is one of the largest in the county, smaller dispensaries don’t have that much volume and frequently run out of product. Noted smaller store in Bearcreek has shut down sales. Discussion regarding sales tax in other legal states, discussion about high taxes in California that has allegedly increased black market sales. Discussion regarding recreational sales and regulations. Public hearing will continue on March 3rd.

11:30 Clerk and Recorder Christine Stovall and Accounts Payable Clerk Piney Helmuth met with Commissioners regarding meal tip reimbursements. Commissioners confirmed that tips should not be reimbursed; would like this language added to the draft procurement policy.

Blain moved to adopt Resolution 2022-01 Amend Fee Schedule; Miller seconded; motion carried.

12:00 Adjourned.

Respectfully submitted: Angela Newell, Administrative Officer