February 4, 2020

COMMISSIONERS’ PROCEEDINGS
February 4, 2020
Commissioners Robert ‘Pits’ DeArmond, Scott Blain, and Bill Bullock, Commissioners Secretary Barbara Daniel, and Administrative Officer Angela Newell were present.
8:30 Pledge of Allegiance
Sheriff Josh McQuillan met with Commissioners regarding grant funding opportunities. He would like to apply for a COPS grant to add an officer. The grant would cover 75% of the deputy’s wages/fringe for 3 years and the county would be on the hook for the full cost of the deputy for the 4th year. Sheriff McQuillan discussed staffing levels in his office. Sheriff McQuillan is concerned grant funding will not be available going forward as it has been about 10 years since this funding opportunity was last available. COPS grant applications are due March 11th; Commissioners will agenda the grant submittal once the application is ready. Sheriff McQuillan and Commissioners also discussed applications for Homeland Security Grants. All parties agree upgrading the Computer Aided Dispatch (CAD) software is a top priority for Homeland Security Grant Funding.
9:00 Contract Planner Forrest Mandeville and Zach Graham met with Commissioners regarding the Planning Contract with Cushing Terrel (FKA CTA). Stephanie Ray has left the company; Zach is County’s new point of contact. Forrest plans to continue to provided planning services through subcontract with Cushing Terrel.
9:30 Forrest Mandeville, Clerk and Recorder Christine Stovall, John Horst, and Fred Horst met with Commissioners regarding the Knifeman Subdivision Preliminary Plat Approval. The one-lot minor subdivision is just under 6 acres and is going through subdivision review to lift the agricultural covenants on the parcel. For approval the parcel will need two variances approved. The first requested variance is to the road design standards as Howell Gulch Road, which accesses the property, has a grade over 8% and only a 30-foot right of way. The second requested variance is regarding fire protection provisions requiring two access points for minor subdivisions located in high fire risk areas. 9:35 Deputy Clerk and Recorder Macque Bohleen joined the meeting. Forrest noted there are already twenty-five parcels in the area that have single access points and nine of them already have homes. Forrest reviewed Staff report and recommended conditions. Commissioner Bullock moved to approve Knifeman Subdivision with conditions recommended by Planning Board as follows:
1. A notation shall be provided on the final plat that legal and physical access is provided to each lot per 76-3-608(3)(d) MCA.

2. The final plat shall contain the following or similar language in order to remove existing agricultural restrictions: “Purpose of Plat: to remove an agricultural covenant on Lot 3C per COS 1591 4th Amended in accordance with the provision of the State of Montana and Carbon County Subdivision Regulations in order to remove an agricultural exemption/restriction.”
3. The final plat shall be submitted in compliance with Section IV-C of the County Subdivision Regulations as applicable.
4. Easements as requested by the utility companies should be shown on the final plat, which should include the following statement: “The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities, in, over, under and across each area designated on this plat as ‘Utility Easement’ to have and to hold forever.”
5. A weed bond as required by the Weed District should be submitted prior to final plat.
6. A second access to the subdivision meeting the road design criteria in Section V-A-10 should be provided. The final plat shall include a statement that this subdivision is in a high fire hazard area.
7. Covenants for the property should be submitted and filed with the final plat requiring all buildings to be constructed of fire-resistant material.
8. Due to the high fire hazard in the area, to protect the public health and safety, prior to filing of final plat, the driveway must be built 24-feet wide, and Bear Dance Trail must be constructed to 24-feet wide for 90 feet each side of the driveway.
Commissioner DeArmond seconded. There was some discussion regarding the private access road and bridge and confirmation that County road maintenance services will not be extended. Commissioners also agreed the addition of one house will not change the fire risk that already exists from the other buildable lots. Regarding the road variances, Commissioners don’t believe it is fair to place the burden of fixing the road on this landowner as it provides access to other properties. Motion carried.
10:00 Sanitarian Cortney Lynde met with Commissioners for her monthly update. Cortney has called DEQ regarding construction without proper permits on Selms Road. The parcel is less than 20 acres and is under DEQ’s permit authority. Cortney noted permit applicants have slowed down with the weather change. She also noted she will be having a licensed septic installer training Thursday, but may have to reschedule with winter weather expected.
10:25 Commissioner Bullock moved to approve Clerk and Recorder’s Monthly Deposit Reconciliation for January 2020; Commissioner DeArmond seconded; motion carried.

Commissioner Bullock moved to approve Treasurer’s Cash Report for January 2020; Commissioner DeArmond seconded; motion carried.
Commissioner Bullock moved to approve District Court’s Fines and Fees Receipts Summary for January 2020; Commissioner DeArmond seconded; motion carried.
10:30 DES Coord. / Fire Warden Tom Kohley met with Commissioners for his monthly update (report attached). Tom and Commissioners discussed the Amish developments outside of Roberts. There are concerns that it will be hard to monitor permitting without a plan of development. Tom noted he would like to have more coordination between departments and enforcement of permits.
Commissioner DeArmond moved to approve employee time as presented; Commissioner Bullock seconded; motion carried.
11:00 Bond Counsel Nathan Bilyeu, County Attorney Alex Nixon, Deputy County Attorney Mike Ellinghouse, Sheriff Josh McQuillan, Clerk and Recorder Christine Stovall, and Election Administrator Macque Bohleen met with Commissioners regarding detention facility planning. Carbon County News reporter Eleanor Guerrero was also present. Nathan discussed what needs to be included in bond election notice including ballot language which will specify the amount of bonds to be sold, the purpose the bonds will be issued for, and the term of the bonds. Nathan also noted that traditionally the ballot language has included estimates for what it will cost based on property values similar to mill levy elections. Nathan also discussed the voter turnout requirements for a bond election; if voter turnout is greater than 40%, a bond passes with a majority vote; if voter turnout is between 30% and 40%, 60% approval is required for the bond to pass; if voter turnout is less than 30%, the bond measure automatically fails. Nathan reviewed what components of the project bond proceeds can be used for including reimbursement costs. There was a discussion regarding Memorandums of Understanding (MOU) with Stillwater and Sweetgrass Counties regarding contracting for beds. Alex noted he has discussed the agreement with Stillwater County Attorney Nancy Rohde. Commissioner Bullock noted they are still discussing the details of those agreements, but aim to have something signed by May. Nathan agreed it would be beneficial to have something in writing regarding expected revenues. There was a discussion about funding facility operations before contracted revenues start coming in; Nathan emphasized the importance of having a plan or looking at an operational mill levy. There was a discussion regarding other county’s detention facility locations and the ancillary economic benefits; Nathan noted Helena neighborhoods were fighting for the County to locate the facility in their neighborhood because of the economic benefits. Commissioners discussed the possibility of seeking Rural Development Grant Funding for the facility as the Joliet location may make it eligible for the grant program.

Nathan discussed the exemptions in the Montana Code Annotated that exclude underwriting or bond counsel services from having to be bid. Commissioner Bullock moved to use DA Davidson for underwriting services as the only MT based underwriter; Commissioner DeArmond seconded; motion carried. There was a discussion regarding securing the Stevens property for the facility location.
Commissioner Bullock took a call from David Lehnherr of Meeteetse Meadows South Homeowners Association. He called to complain about the County not plowing Meeteetse Trail. After the discussion turned to litigation, Commissioner Bullock informed Mr. Lehnherr that all future correspondence needs to go through the County Attorney.
12:30 Adjourned

Respectfully submitted: Angela Newell, Administrative Officer