Carbon County Development Permit Package

SB 442 Override Letter - April 6

March 14, 2016


          March 14, 2016

          Commissioners Doug Tucker, John Grewell, and John Prinkki were present.

Accounts Payable Clerk Kris Stovall met with Commissioners to discuss invoice from Tri-Tech for repairs on a grader in the Bridger Road District. Was not covered under warranty as vendor noted that fuel was contaminated. Kris expressed concerns about fuel system and wants to make sure that issue does not happen in the future.

8:30 Pledge of Allegiance.

Commissioners received a letter from the Town of Joliet requesting a Memorandum of Understanding for the County to perform road maintenance on State Street and Carbon Avenue; these roads are used by the Joliet Road Dept. to access the shop.

Commissioners received letter from EverPower regarding the Mudsprings Wind Project stating that work conducted in December 2014 amounted to $353,000 and that they do not believe the work was subject to the impact fee under 15-24-3004 MCA.

Commissioner Tucker moved to accept meeting minutes for February 22nd and 25th; Commissioner Prinkki seconded; motion carried.

9:00 Red Lodge City Council Rep. Maryvette Labrie, Red Lodge Community Development Director Peter Italiano, Ron Kapor, Clerk and Recorder Marcia Henigman, Elections Administrator Judy Christensen, and GIS Mgr. Tom Kohley met with Commissioners to discuss the Red Lodge Cemetery District proposal. Peter gave overview of the proposal. Commissioner Prinkki asked what process they are proposing to create the district. Peter noted the County could take a couple of approaches, but they are recommending the Commissioners hold a public hearing and pass a resolution of intent to create the district and order a referendum on the creation of the proposed district. They also believe the City of Red Lodge and County would need to enter into an interlocal agreement for administration of the district. 9:10 Dan Gainer joined the meeting. Marcia asked about the proposed district boundaries; she noted that as they stand it would be difficult to administer for the Elections Office. Judy also noted that the proposed boundary map includes rural Joliet; she believes it would be easier to only include precincts 8, 9, 10, 11. 9:20 County Attorney Alex Nixon joined the meeting. Peter noted that it was not their intent to include folks from the far north end of the county. Tom was under the impression that they wanted to include all areas not currently included in a cemetery district. Peter clarified they intended to include areas of the Red Lodge High School District that are not part of an existing cemetery district. The County will set public hearing and Commissioner Prinkki will work with Tom, Judy, and City of Red Lodge Representatives to finalize the district boundaries.


9:30 County Attorney Alex Nixon, Steve Morgan, and Ron Kapor met with Commissioners to discuss the alternate fire fee for a potential subdivision. Steve the developer is concerned about the cost of the per lot alternative fire fee; he is concerned that with the fee adding an additional $20,000 to the project cost it may not be feasible. Steve and Ron presented a letter from the Bridger Fire District that it was not necessary to pay fee because the proximity to the town of Bridger and because the district had mutual aid agreements in place to provide enough water tenders for fire suppression. Doug talked to Planner Brent Moore and noted the County Subdivision Regulations require subdivision to have adequate water supply; this requirement could be waived through granting a variance in subdivision approval process. Alex noted that would have to be established in new subdivision approval rather than applied to the current lot that will be subdivided. Commissioners will address the issue when they review the subdivision.

Alex updated the Commissioners on a number of issues. He has received a response from the Attorney General (AG) regarding the Bearcreek search. The letter agreed the search was inappropriate and that the County Attorney’s letter to towns regarding procedures for obtaining out of jurisdiction warrants was sufficient to address the issue. The investigation for the officer involved shooting in Joliet last week is wrapping up; they would like to have the coroner’s inquest scheduled by this summer. Alex also noted he has received a request from Joel Todd that Mary Cameron be removed as DUI Task Force Coordinator. Mr. Todd did not want to make a formal complaint and did not point to job related reasons for requesting her termination. The Commissioners will not pursue the issue.

Commissioners approved Kelly Carrington’s request to extend deadline for using vacation time above the accrual limit. Mr. Carrington’s vacation has been postponed to help cover shifts for deputies on Administrative Leave.

Commissioners signed Treasure State Endowment Program (TSEP) Grant Final Close Out Certification and Certificate of Substantial Completion for contract MT-TSEP-CG-15-712.

Commissioner Tucker moved to accept Claims Approval list for the March 2016 early check run; Commissioner Grewell seconded; motion carried.

12:00 Adjourned


Respectfully submitted: Angela Newell, Administrative Assistant