January 15, 2015


          January 15, 2015

          Commissioners John Grewell and John Prinkki were present.  

8:30 Pledge of Allegiance.

Commissioner Grewell moved to accept Treasurers Cash Report for December 2014; Commissioner Grewell seconded; motion carried.

Commissioner Grewell moved to accept Clerk and Recorder’s Monthly Deposit Reconciliation for December 2014; motion carried.

Commissioner Grewell moved to accept District Court’s Cash Balance Report for December 2014; motion carried.

8:45 John Husar and John Husar Jr. met with Commissioners regarding the Mud Springs Wind Project. They are in the process of doing preliminary dirt work to pour concrete pads.

8:50 Bill Karas Red Lodge Surveying met with Commissioners regarding two Ag Tracts outside of the Grizzley Peak Subdivision. Red Lodge Surveying is working with the landowners to get a proper grade for a driveway into the property. (Ref 10/16/14 minutes).

9:00 Road Superintendent Shawn Mains met with Commissioners regarding road maintenance issues.

9:30 Commissioner Doug Tucker joined the meeting.

9:50 County Attorney Alex Nixon met with Commissioners regarding the Silvertip Zoning Petition and the number of protestes received from landowners.

10:00 Treasurer Jane Swanson-Webb met with commissioners for Collateral report. There is $19,280,944.07 total in banks and on hand. Commissioner Grewell moved to accept Treasurer’s Collateral Report as presented; Commissioner Tucker seconded; motion carried.

Jerry Scott met with Commissioners to discuss the Superintendent of Schools Contract. He would like clarification on his request for mileage, office supply reimbursement, per diem, and continued use of the County cell phone he had as Superintendent of Schools. Commissioners and County Attorney confirmed that the $75/hour rate would include all the above referenced expenses.

11:00 Deb Muth, Steve Muth, Bonnie Martinelle, Albert Brown, Ron Kapor, Willis and Therese Herden, Hertha Lund, Ellie Elliott, Sharleen McCommes, Becky Grey, Julie Hosken, Duane Hergenrider, Steve Thuesen, Eleanor Guerrero Carbon County News reporter met with commissioner for the Intent to Create the Silvertip Zoning District. Planning Director Brent Moore, County Attorney Alex Nixon, and Clerk and Recorder Marcia Henigman were also present. Peter Zimmer of Lichen Productions filmed the meeting (please reference the video on file). Commissioner Prinkki discussed some procedures outlined in RES 09-16 Part One Zoning Petition Process in Carbon County.

Commissioner Grewell moved to rescend the previous Resolution of Intent to Creat the Silvertip Zoning District based on two reasons: First, in light of the now certified protest acerage he would like to make the motion to rescind the previous finding that creating the district could be in the public interest, convenience, and wefare; the previous finding was made prior to the certification of protest acerage, and it is now within the discretion of the Commission to rescind that finding. Section 76-2-101 Montana Code Annotated provides that creation of a planning or zoning district by a board of county commissioners is discretionary even if a certified petition has the support of 60% of the affected real property owners in the district. Second, creation of a zoning petition appears to be contrary to law. Section 76-2-101 (5), Montana Code Annotated reads: “If real property owners representing 50% of the titled property ownership in the district protest the establishment of the district within 30 days of its creation, the board of county commissioners may not create the district…”. Commissioner Grewell noted that numerous protests were received prior to thirty days after announcing the intent to create the Silvertip Zoning District, and the Clerk and Recorder has certified that the valid protests comprise over 60% of the proposed district. Finally, this motion relies on the extensive fact finding efforts of the Commission to date including tremendous amounts of public input. Commissioner Tucker seconded; motion carried. Alex clarified that RES 2009-16 did not prejudice the issue for the petitioners or protestors as neither was held to the resolution. Commissioner Grewell clarified for Ms. Lund that they are rescinding the motion based on Section 5 and the fact that with certification of the protests their finding that the creation of the district was in the public convenience and interest do not hold.

Commissioner Grewell moved to deny the creation of the proposed planning and zoning district based on the previous motion; Commissioner Tucker seconded; motion carried.

11:00 Tracy Whitehead met with commissioners regarding road plowing issues on Whitehorse Bench. Road Superintendent Shawn Mains, Sheriff Josh McQuillan, and County Attorney Alex Nixon were also present.                                                  

Ms. Whitehead is concerned about the frequency of road plowing and that there may be emergency situations where an ambulance can not get to someone in need or that emergency responders that live in the area will not be able to respond to an accident. She believes that the road conditions were at fault for her son’s accident with Sheriff Deputy Quentin Thomposon. Commissioner Grewell clarified that the plow operator was not called to the scene accident, he was out plowing at the time. Commissioners discussed the road maintenance priority resolution.

11:30 Amanda Browning Carbon/Stillwater new Victim Witness Advocate met with Commissioners to introduce herself and finalize the Interlocal Agreement for the working grant.

1:00 Commissioners attending Board of Health training with Dr. Kerry Pride from DPHHS.