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February 4, 2021

COMMISSIONERS’ PROCEEDINGS
February 4, 2021

Commissioners Scott Blain, Bill Bullock and Scott Miller; Administrative Officer Angela Newell; and Commissioners’ Secretary Barbara Krizek were present.

8:30 Pledge of Allegiance

Clerk and Recorder Christine Stovall and Deputy Macque Bohleen met with Commissioners to discuss properties that are up for tax deed; there are nine properties with a total of $24,446.39 in taxes due. Discussion regarding the tax deeded road tract in a subdivision and complications of trying to dispose of it; there is not a good process under MT Law to dispose of the tracts that were created in the subdivision process. Stovall suggested reaching out to other counties regarding what their process is to deal with these properties especially in the case where an owner has passed away.
9:00 Sheriff Josh McQuillan; Deputy Sheriff Jeff Schmaltz; Shane Swandal of Hulteng CCM, Inc; and Lombard Conrad Architects: Ken Gallegos, Russ Moorhead, and Kathleen Armstrong met to resume yesterday’s discussions reconfiguring the layout of the proposed Detention Facility. Design was reduced to 53 beds at an approximate cost of $17.5M while accounting for unknown contingencies. Discussion of pros/cons of incorporating renewable energy systems for electrical/heating; short/long-term costs make those sources a non-effective option at this time. Newell will coordinate with bond underwriter Bridget Ekstrom of D.A. Davidson to compute financials.

Commissioner Blain moved to approve Claims for Jan 21; Commissioner Miller seconded; motion carried.

10:00 Contract Deputy County Attorney Jacque Papez and County Attorney Alex Nixon joined the meeting to provide an update on litigation with Industrial Communications; meeting closed with McQuillan and Schmaltz staying for the discussion. 10:10 Meeting re-opened.

Nixon stayed for discussion initiated by Commissioner Blain regarding Evertz Road and whether it is a County road; its history unclear. Nixon will coordinate with Clerk and Recorder Christine Stovall to research and analyze.

Newell updated Commissioners regarding interest allocations. The Wind Impact Fee account and a few Fire District accounts were not set up to be interest bearing accounts. She is working with Lynde to reallocate interest from July – December 2020.

11:00 Contract County Planner Forrest Mandeville, Clerk and Recorder Christine Stovall, Deputy Clerk and Recorder Macque Bohleen, Kate Stout of Red Lodge Surveying, Brent Moore of Interstate Engineering, and Charles Truxillo joined the meeting. Mandeville presented the Planning Board’s recommendation for the Clearview Subsequent Minor Subdivision and variance request. Red Lodge Surveying, on behalf of Charles and Lynn Truxillo, have submitted a preliminary plat application for a two-lot subsequent minor subdivision on a 26.58-acre tract. The original tract was created with the platting of Clearview Subdivision, being Lot 1 of that subdivision. There was a previous subdivision of Lot 1, being Plat 337 2nd Amended. Therefore, this subdivision is a subsequent minor subdivision, which is reviewed as a major subdivision. The subject property is located on Red Lodge Creek Road, approximately 1/2 mile north of the intersection with Highway 78. The property is legally described as Lot 1 4th Amended, Plat No. 337 2nd Amended, located in Section 16, Township 7 South, Range 20 East, P.M.M., Carbon County, Montana. The variance request is to allow a lien agreement with the County requiring a fee of $2,500/lot to be paid in lieu of fire protection; a similar variance request was made and granted during the review of a previous subsequent minor subdivision in this development; Red Lodge Fire Chief Tom Kuntz has indicated the Department is supportive of this variance request. Commissioner Blain moved to approve the preliminary plat and lien variance for the Clearview Subsequent Minor Subdivision with the Planning Board’s outlined conditions of approval as follows: 1. Filing of the final plat shall be subject to the review and approval by the Montana Department of Environmental Quality for Lot 7; 2. A notation shall be provided on the final plat that Lot 1 5th Am is not subject to DEQ review per 76-4-102(22), MCA; 3. A notation shall be provided on the final plat that legal and physical access is provided per 76-3-608(3)(d), MCA; 4. An easement shall be shown on the final plat and the statement shall be included on the plat: “Nothing herein nor any covenant shall diminish the unobstructed use and maintenance of the existing water delivery ditches, pipelines, and facilities in the subdivision that are necessary to convey water through the subdivision to land adjacent or to beyond the subdivision in quantities and in a manner that are consistent with historic and legal rights.” (Section V-A-18, Carbon County Subdivision Regulations); 5. Per Section V-A-15., the final plat shall show the location of all existing and required utility easements, and must 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 the lines and other facilities, in, over, under and across each area designated on this plat as “Utility Easement” to have and hold forever;” 6. The final plat shall contain a statement noting that Lot 7, but not Lot 1 5th Amended, is subject to the Declaration of Restrictions, Covenants and Conditions originally created under Document Number 356303 and amended by Document Number 370818 and 381141; 7. Prior to filing final plat, a lien agreement shall be in place requiring that upon sale or septic permit application of Lot 7, a $2,500/lot fee shall be paid to Carbon County; 8. The final plat shall be prepared and reviewed in accordance with Section IV-C of the Carbon County Subdivision Regulations and the Uniform Standards for Final Subdivision Plats (24.183.1107, ARM).; Commissioner Miller seconded; Commissioner Bullock questioned whether the intent of this subsequent subdivision was not to circumvent subdivision requirements and Mandeville replied that in this particular instance he feels this is not the case but additional subdivisions in this area may be construed as a pattern of development; Commissioner Miller questioned whether the fire suppression lien was sufficient protection; Fire Chief Tom Kuntz joined the meeting; a proposed training center nearby should help with fire protection capacity in this area; Kuntz provided the 30-year history of the lien program and feels it is still the best solution at this time; no public comment; motion carried.

11:30 Mandeville, Stovall, Moore, and Kuntz remained and Deputy Clerk and Recorder Crystal Roascio joined for Mandeville’s presentation the Planning Board’s recommendation for the Red Lodge Fire Rescue Foundation Subdivision Preliminary Plat Application and variance request. Interstate Engineering, on behalf of the Draper Ranch Co., have submitted a preliminary plat application for a three-lot subsequent minor subdivision. The subdivision area is 8.26 acres; there is a remainder of greater than 160 acres which is not subject to subdivision review. The parent tract has been subdivided previously, being the Schneider-Sheldon Subdivision (Plat 2084). Therefore, this subdivision is a subsequent minor subdivision, which is reviewed as a major subdivision. The area encompassed by this subdivision was also previously part of a mortgage survey, being Tract M of COS 1822 MTG. The subject property is located on Highway 78, approximately .3 miles west of the intersection with Willow Creek Road. The property is legally described as Tract M of COS 1822 MTG, located in the SE ¼ of Section 16, Township 7 South, Range 20 East, P.M.M., Carbon County, Montana.

Commissioner Blain moved to approve the preliminary plat for the Red Lodge Fire Rescue Foundation Subdivision with the Planning Board’s outlined conditions of approval as follows: 1. Filing of the final plat shall be subject to the review and approval by the Montana Department of Environmental Quality; 2. If required by the Montana Department of Transportation, approval from MDT shall be obtained for the increased use of the approach from Highway 78; 3. A notation shall be provided on the final plat that legal and physical access is provided per 76-3-608(3)(d), MCA; 4. The new road shall be designed and built per Section V-A-10 and proper signage shall be in place prior to final plat; 5. Per Section V-A-15., the final plat shall show the location of all existing and required utility easements, and must 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 the lines and other facilities, in, over, under and across each area designated on this plat as “Utility Easement” to have and hold forever;” 6. The bond required by the Weed District shall be paid to the satisfaction of the Weed District; 7. The final plat shall be prepared and reviewed in accordance with Section IV-C of the Carbon County Subdivision Regulations and the Uniform Standards for Final Subdivision Plats (24.183.1107, ARM).; Commissioner Miller seconded; no further discussion; no public comment; motion carried.

Commissioner Blain inquired with Mandeville regarding the draft Development Regulations as pertaining to the Stockgrowers’ concerns about Conditional Use Permits for Animal Feed Lots; Commissioner Blain inquired about animal numbers that establish thresholds for a feed operation to be considered a Commercial Feed Operation; Newell provided Planning Board minutes from the September 15, 2015 referencing Montana Department of Environmental Quality regulations regarding water impacts. Mandeville noted the changes to that section of the regulations combined two definitions for clarity; there were no regulations added.

12:20 Adjourned.