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March 4, 2021

COMMISSIONERS’ PROCEEDINGS
March 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.

Commissioners attended a meeting of the Detention Facility Citizen Advisory Committee last evening; the minutes from the Committee’s February 17 meeting were approved (see attached). Discussion regarding doctor/nursing staffing and whether to staff them as county employees or as contractors. Discussion regarding a wage structure for Detention Facility staff to promote employee retention; it might be beneficial to add incremental wage steps based on progression and experience instead of solely a one-time passing of the 6-month new-employee probation period as is currently done.

9:00 Commissioner Miller moved to approve Resolution 2021-03 Adopting the Carbon County Americans with Disabilities Act (ADA) Transition Plan; Commissioner Blain seconded; motion carried.

9:15 Commissioner Miller moved to approve the Chance Road Bridge Maintenance Agreement with Montana Department of Transportation; Commissioner Blain seconded; motion carried.
Commissioner Blain departed the meeting.

Airport Board member Steve Smith joined the meeting after having met with Red Lodge Community Development Director James Caniglia. He would like to generate a Fact Sheet of procedures to guide those interested in new hangar construction. Regarding the proposed Lutheran church on the property on the North side of Hwy 78, Smith reports that Caniglia would not be comfortable approving the church’s construction without the Federal Aviation Administration’s (FAA) blessing since part of the property falls in the airport’s Runway Protection Zone. Commissioners Bullock and Miller voiced their opinion that if the City were to approve the construction of the church to the detriment of the airport’s future with the FAA (grant funding), then the Joint Airport Board should dissolve and the airport property and management should be turned over to the City since the Airport Board’s efficacy and the airport’s future would have been hamstrung by the City’s decision.

Commissioner Blain returned to the meeting.

10:00 County Attorney Alex Nixon joined for an update. Commissioner Blain provided Nixon with the Clerk and Recorder’s research regarding the history of Evertz Road, specifically whether it is a County road. Discussion regarding on-going litigation with Industrial Communications. Nixon will address an email received by Commissioner Miller earlier this week from David Lehnherr regarding Lehnherr’s desire for snowplowing on Meeteetse Trail (a Priority 3 road at that point). Discussion regarding the annexation of the proposed Detention Facility property. District Court Judge Matthew Wald has issued a Standing Order regarding the new Constitutional Carry law for firearms; in the Courthouse, weapons will be prohibited on the second floor, secured offices, or the entire building at times when court is in session.

10:30 Commissioner Blain moved to open the Public Hearing regarding the Resolution to join the Big Sky Passenger Rail Authority; Commissioner Miller seconded; no public comment or discussion; motion carried. Commissioner Blain moved to close the Public Hearing; Commissioner Miller seconded; no public comment or discussion; motion carried. Commissioner Miller moved to approve Resolution 2021-4 Joining the Big Sky Passenger Rail Authority; Commissioner Blain seconded. Discussion initiated by Commissioner Miller that twelve counties are currently part of the Authority and it would be at no cost to Carbon County; Miller stated that Senator Daines and Governor Gianforte are in support; Carbon County would be the only County with passenger rail going North to South with a long-term project to go through Wyoming to Colorado; joining the Authority would provide a seat at the table for decision-making. Commissioner Blain wanted to ensure that joining the Authority wouldn’t have a financial cost to the County; Commissioner Miller confirmed that it would not. Commissioner Bullock voiced that he appreciates Commissioner Miller’s research and willingness to contribute his time but was concerned about the current lack of connectivity through Wyoming and that it is pre-mature to sign on at this point; Commissioner Miller wants to have a seat at the table at the initial conception of the project. Commissioner Blain said he would be in support of the Authority only if there’s a North-South component going through Carbon County and not just an East-West component not benefiting Carbon County; Commissioner Miller agreed. No public comment. Commissioners Miller and Blain voted in favor; Commissioner Bullock voted against; motion carried.

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

11:00 Contract County Planner Forrest Mandeville, Clerk and Recorder Christine Stovall, Deputy Clerk and Recorder Crystal Roascio, Zamian Essex (Essex Surveying), James Papez (Papez Development Services), Carol Boyum (President, RnR Elk Subidivision Homeowner’s Association), Peter Boyum (RnR Elk), and Michael and Cindy Hoiness (RnR Elk) joined the meeting regarding the RnR Elk Resort Subdivision application. Mandeville outlined the Planning Board’s recommendation to approve with conditions. The subdivision area is approximately 8.3 acres; proposed new lots will be approximately 4.7 and 3.7 acres in size. The subdivision is Lot 8 of a previously platted subdivision, RnR Elk Resort Subdivision. Therefore, this subdivision is a subsequent minor subdivision, which is reviewed as a major subdivision. The subject property is located on Elk Run Drive, a private road, which accesses on to Palisade Campground Rd approximately 850 feet north of this subdivision and one mile west of the intersection of Palisade Campground Rd and Ski Run Rd. The property is legally described as Lot 8, RnR Elk Resort Subdivision, Plat 2148, located in Section 5, Township 8 South, Range 20 East, P.M.M., Carbon County, Montana.

At their regular meeting of February 16, 2021, following a public hearing, the Carbon County Planning Board recommended approval of the Amended Plat of Lot 8, RnR Elk Resort Subdivision, pursuant to the following conditions:
1. Filing of the final plat shall be subject to the review and approval by the Montana Department of Environmental Quality.
2. An easement for the existing irrigation ditch shall be shown on the final plat and the following 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)
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 final plat shall accurately reflect the name of the access road as Elk Run Drive.
5. The access to Lot 8B shall be at least 40-feet wide per Section V-A-10.
6. 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.”
7. The bond required by the Weed District shall be paid to the satisfaction of the Weed District.
8. Prior to final plat, 5 ½”’ connection and level indicator flag on the dry hydrant shall be repaired to the satisfaction of the Red Lodge Fire Department.
8 Amended Plat Lot 8, RnR Elk Resort Subdivision
9. The final plat shall contain a statement noting that the subdivision is subject to the Restrictions, Covenants and Conditions originally created under Document Number 330282 320442 and subsequent amendments thereto.
10. 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 Blain moved to approve the RnR Elk Resort Subdivision of Lot 8 with the above conditions; Commissioner Miller seconded; discussion from Commissioner Blain that Montana DEQ will have final say about water availability with regard to the additional well; Mandeville stated that the cistern-well combination will aid with availability to the user; DNRC analyses water rights and this house doesn’t meet 10acre-ft threshold; if irrigators were to ever complain about flow in the future, they could raise their complaint to DNRC who can shut down wells and it would be considered a civil issue. Commissioner Bullock asked about the history of problems with irrigators and wells; Mandeville noted DotCalm Subdivision approval 20 years ago required cisterns not wells. Commissioner Blain noted that the most recent RnR Subdivision covenants state that each lot may be subdivided once. Mandeville noted the ambiguity in the covenants with regard to the number of wells each lot can have, but that is not a County issue. Commissioner Blain asked how the Subdivision feels; Boyum stated that per covenants the lot owner may subdivide one time and therefore does not have issue with this application. No further public comment. Motion carried unanimously.

11:30 Contract County Planner Forrest Mandeville, Clerk and Recorder Christine Stovall, Deputy Clerk and Recorder Lola Ashby, Travis West (Engineering West), Bruce Jacobson (Hi-Line Land Company, LLC), joined regarding the Silver Sage Hills Subdivision Final Plat. The subject property is located on Highway 72, approximately 1 mile south of the community of Belfry. The property is legally described as being located in portions of the NW ¼ SE ¼ and the SW ¼ NE ¼ of Section 22, Township 8 South, Range 22 East, Carbon County, Montana, also being a portion of Tract 1A COS 2173 RB#2. Mandeville presented the Final Plat Application staff report. The Board of County Commissioners reviewed this item at their meeting of May 20, 2019, and subsequently recommended the preliminary plan for approval subject to conditions. Commissioner Blain moved to approve the final plat application as all the conditions of approval have been met; Commissioner Miller seconded; Commissioner Blain questioned the boundary delineation of the subdivision and Mandeville clarified that it is following the natural drainage. No public comment. Motion carried unanimously.

12:00 Adjourned.