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June 3, 2021

COMMISSIONERS’ PROCEEDINGS
June 3, 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.

Commissioners attended a public information meeting hosted by the Detention Facility Citizen Committee last evening held at the Edgar Fire Hall. In attendance were: Committee member Hal Lewis, Spectrum Architects Kathleen Armstrong, Sheriff Josh McQuillan, Administrative Officer Angela Newell, Commissioners’ Secretary Barbara Krizek, Jeff Armstrong, Bob Heil, Denise Maas, Nevins Harding, Doug Tucker, John Francis, Alan Wetstein, Dave Wetstein, Joe Turner, Lou Seymour, Amy Seymour, Chris Pugrud, and Mary McGill. A panel presentation was given covering topics such as: the decades-long history regarding detention issues, transportation challenges to other counties with facilities, the nature of the crimes being committed and the warrants outstanding, the public safety challenges facing judges with few options for imposing detention on offenders, and construction and operating budgets. A public question and answer session concluded the meeting.

Commissioner Miller moved to accept the District Court Fines and Fees Report for May; Commissioner Blain seconded; motion carried.

Commissioner Miller moved to accept the Clerk and Recorder Monthly Deposit Reconciliation for May; Commissioner Blain seconded; motion carried.

Commissioner Miller moved to accept the Treasurer’s Cash Report for May; Commissioner Blain seconded; motion carried.
Discussion regarding the Road Department and positions on the per diem firefighter team. Fire Warden Tom Kohley created a job description to be posted today.

Commissioner Miller moved to approve Commissioner Proceedings for May 6, 11, 13; Commissioner Blain seconded; motion carried.
Sheriff Josh McQuillan joined the meeting to discuss the Carbon County Search and Rescue (SAR) Interlocal Agreement with the Red Lodge Rural Fire Department. Commissioners would like to discuss and potentially re-negotiate SAR’s allocated budget which has increased by 30% over the past 5 years despite the Consumer Price Index increasing only 8.9% during that same time period. Commissioners would like the SAR to demonstrate the increased funds are necessary to operations; meeting with SAR scheduled for June 10.

10:00 County Attorney Alex Nixon joined for his weekly update. Discussion regarding the upcoming Hell’s Angels event at the end of July; they will be required to fill-out the County’s standard Large Event Application and pay applicable fees.

10:30 Gebhardt Group 1 Development Permit (Roberts). In attendance: Carbon County News Eleanor Guerrero and Attorney Raymond Kuntz. Contract Planner Forrest Mandeville presented the Staff Report: Michael Gebhardt has submitted a variance application from setback requirements for a Group 1 Development Permit. The site of the proposed development is in Roberts on South 3rd St. The legal description is Block 8, Lot 3 Amended, Carrigan and Duncan’s Addition to Roberts, Plat 1825, in Section 32, T 5S, R 21E, Carbon County, MT. The applicant intends to construct a single-family manufactured home on a permanent foundation on the 0.241-acre property. The site is served by Roberts Water and Sewer. The applicant has stated his intention is to place a manufactured home on the site, and has indicated his preference for a north-south home orientation to match other residences on the block. A garage in front of the home is requested due to difficulties crossing an irrigation ditch in the rear of the property. To these ends, the developer is requesting a variance from setback requirements to allow a 10-foot front setback and 8-foot south side setback, instead of the required 30-foot front and 10-foot side setbacks.
Planning Staff recommends approval of the Gebhardt Group 1 Development Permit variance, pursuant to the following conditions:
1. The variance approval shall be interpreted as the minimum needed – i.e. to allow 10-foot front setback and 8-foot south side setback as shown on the site plan. Any other encroachment into the setback will be in violation of the Development Regulations.
2. No on-street parking shall be allowed for this property in order to mitigate potentially adverse impacts from encroaching too close to the street.
3. Any deviation from the site plan must be made known to the Planning Office to determine whether or not the deviation is in compliance with the approved development permit or if a new permit is needed.
4. All other necessary permits must be obtained. This includes obtaining an approved rural address.
Commissioner Miller moved to conditionally approve the variance request for the Gebhardt Group 1 Development Permit; Commissioner Blain seconded. Commissioner Bullock expressed concern that a quorum was not present for the Planning Board’s meeting which culminated in the above Staff recommendation; he also expressed concern that the developer proceeded without permit upon the home’s initial placement and should have known better. Commissioner Blain echoed his concern that a Group 1 permit was not obtained prior to placing the home. Commissioner Miller asked about neighbors’ concerns; Mandeville stated that their concerns were primarily regarding the alley-way, and if one were to be constructed, who would take care of its maintenance. For public comment, as legal representative for Gayle and Michael Strausburg, Kuntz highlighted the water rights and associated ditch easement rights in the Schanck Ditch which runs parallel to the western property line of Lot 3, but were not a factor in the placement of the garage as proposed. Motion carried with Commissioners Blain and Miller in support; Commissioner Bullock opposed. Mandeville presented options for enforcing failures to comply with Development Regulations, such as a fine of double the permit application fee. Commissioner Miller moved to reconsider his affirming vote; due to a lack a second, motion failed. Mandeville will communicate with the property owner to stress the importance of following proper development protocols in the future. 11:00 Guerrero, Mandeville, and Kuntz departed.

11:00 Big Sky Passenger Rail Contribution Request. Commissioner Blain moved to contribute $0.00 (zero dollars) to the Big Sky Passenger Rail Authority; Commissioner Miller seconded; Commissioner Miller reported that the Authority has made a request to create a budget but he doesn’t anticipate expenses that need funding nor does he see benefit to spending the County’s funds at this time; motion carried.

Newell reported that Head Janitor Rick Martin anticipates retiring at the close of the calendar year; discussion regarding future staffing.

12:00 Adjourned.