Carbon County Development Permit Package

SB 442 Override Letter - April 6

March 5, 2024

March 5, 2024
Commissioners Scott Miller, Scott Blain, and Bill Bullock, and Administrative Officer Angela Newell were present.
8:30 Pledge of Allegiance.
Commissioners discussed the Wind Impact Fee, maintenance costs of roads accessing the wind farm (roughly $6M over 30 years), and the meeting with the Town of Bridger next week regarding possible impacts from the wind farm.
Commissioners discussed trucking costs for FFP Case loader ($9K).
Commissioners discussed brand mark mockups.
9:00 Jennifer Drinkwalter met to discuss the use of County Roads for a tour June 23-28th and a Gravel Road Race August 25th. The events will be using the parking area adjacent to the Rodeo grounds and have gone through permitting with the City and Subleasing with the Rodeo Association. Discussed Road Encroachment permitting for County Roads used. Drinkwalter noted that grading within days of the event can create hazards for cyclists, Bullock noted the base encroachment fee of $100 would apply. Bullock moved to approve the encroachment for both events with the receipt of an encroachment permit, a $100 fee, and a copy of the organizers’ liability insurance.
Bullock moved to approve Commissioners’ Proceedings for February 20, 2024; Blain seconded; motion carried.
Bullock moved to accept District Court End of Period Disbursement, Clerk and Recorder Monthly Deposit Reconciliation; Treasurer Cash Report for February 2024; Blain seconded; motion carried.
9:40 Bullock moved to close the meeting for a personnel issue; Blain seconded; motion carried. 9:50 meeting reopened.
Commissioners discussed Joliet Grader bids the differences in plow prices and delivery times, the Asphalt Inventory / Maintenance Plan and options to evaluate current asphalt roads, and Courthouse electrical issues that have effected dispatch.
10:30 Geospatial Information Systems Coordinator / Fire Warden Tom Kohley met for his monthly update. Discussed surplus FFP equipment delivery costs. Kohley reviewed his report (attached). Kohley also discussed the School District map project he has been working on to help establish historical boundaries for various special districts that were based on school district boundaries when they were created.

Kohley noted that in 1956 the Superintendent of Schools established school district boundaries for 26 school districts which has shrunk to 9 Districts through about 85 boundary changes. Discussed Fuel Tax Maps.
Ronnie Reed in attendance discussed N. Sage Creek Road damage on the road which Nixon has declined to prosecute criminally and the new 4×4 business. Reed also requested a dead end sign be placed on Taylor Road,
11:22 Disaster and Emergency Services (DES) Coordinator Cyrina Allen met for her monthly update (attached). Discussed the FEMA meeting last week noting A&E reports for Grove Creek damages under DR4745 would be eligible FEMA Public Assistance costs. The County could then seek mitigation funding to do repairs for the final solution. Bullock moved to go forward with an A&E Study for Grove Creek; Blain seconded; and discussed possible solutions and issues with funding availability, and concerns about whether the study will result in an acceptable project. Miller noted the road is a bus route and it has taken considerable effort to keep the road band-aided. Discussion of study and project timelines. Motion carried.
11:40 Public Health Director Erin Cross met for her monthly update and reviewed her written report (attached). Discussed allocating Community Health Equity Grant (CHEG) funds to rent the Fromberg Senior Center to provide mental health services. Cross noted Beartooth Billings Clinic is losing their therapist and there is a significant patient load to be absorbed, she looking at options with the Mental Health Center.
12:00 Lunch

1:00 Airport Interlocal Agreement. Jacque Papez, Mayor Dave Westwood, Dennison Butler, Bo Ewald, Steve Smith, Phil Nardinger, Denise Rivette, Terry Durbin, and Elanor Guerrero. Discussion of efforts/discussions to date with Westwood noting he believes there is a consensus is that both parties want to keep the airport in operation for public safety benefits to both City and County as a perpetual resource. Westwood presented a summary document of goals. Blain noted would like to ensure the Joliet District is represented in the Airport Board makeup. Discussion of conversations with Mayor DeRudder, Westwood believes he has a good understanding of what DeRudder’s goals are. Papez asked about the boundary; Westwood noted the City council has proposed a boundary, but it has not been accepted by the County; the questions of what is the airport boundary and what is the Joint Airport Board’s control over that area are the two biggest questions outstanding. The City Council’s objective is to minimize the control ceded to another entity while ensuring the proper operations of an airport.

Discussion of the various boundaries being considered and what geographic markers could be used to establish an easily recognizable boundary. Westwood noted Council has expressed concerns about the future protection of the walking trail system. Discussion about the status of City Ordinances that define the airport in zoning overlays and the most recent Ordinance which defines the airport much more narrowly than the zoning Ordinance which gives zoning control to the Joint Airport Board. Westwood noted it is the City’s goal is to constrain the airport to the area required for airport operations and to take additional actions to protect the adjacent land. The City is considering addressing Ordinance 776 and zoning control over the boundary outlined in that Ordinance. Ewald noted Airport Board approved an “easement” for the walking trail system in 2010. There was a discussion of what protections could be put in place to preserve the trail system such as a Memorandum of Understanding; Butler was concerned trail system could be fenced out by the Airport Board.
Discussion of the County’s proposed changes to the Interlocal Agreement specifically the proposed changes to the dissolution clause; the City is concerned the County could terminate the agreement and City would still on the hook for all investments in the airport. Papez noted the draft language was meant to clear up questions on what and how airport assets were valued. Discussion of improvements that are fixed to the property, how those items are valued, and how they would be handled in a termination. The county is concerned that without County protection it could be a windfall to the City with improvements made significantly at County taxpayer expense which increase the value of the City’s land. Westwood is concerned that the County could terminate the agreement and the City would have to “buy out” the County. If the City terminates Westwood does not have concerns about making the County whole; but wants to make sure the City isn’t on the hook in the event the County terminates the Agreement. Westwood asked if the dissolution clause could recognize the value of the land and improvements to the land in the event the County terminates. Papez proposed creating separate termination clauses for Municipal termination vs. County termination. Miller noted with the public’s investment in the airports it is irresponsible for either entity to terminate the agreement; Smith noted FAA assurances would also be a disincentive to terminate. Papez noted interlocal could have more general language and then specific improvements could be addressed in an addendum.
The discussion shifted to the airport boundary and Rodeo Association lease. Westwood is evaluating the possibility of creating parkland to protect the area surrounding the airport. The City is in discussions directly with the Rodeo Association regarding the “parking” area north of their property. Westwood noted a park designation is much more difficult to overturn and can not be overturned unilaterally.

Miller asked if a park designation could limit parking if someone wanted to plant grass and turn it into a “green space”; Miller would like to make sure it is clear that camping, vehicle parking, trailer parking, and ski joring are allowed to continue.
Westwood noted with FAA funding grass runways would be designated as landing areas to be used at a pilot’s discretion not a formal “runway.” Nardinger noted the current process to utilize the space is confusing and a disincentive for large events that currently have to deal with 2, 3, or 4 entities depending on the areas being used. Westwood noted the limitation of lease language as approved in the interlocal agreement and the City wants the area to follow City land use policy. 2:05 Commissioner Bill Bullock joined the meeting. Discussion of how entities sublease the land, Nardinger noted the Rodeo Association’s desire to streamline the process for event organizers. He feels the City is not honoring the lease with the Airport Board by requiring event organizers to also go through City permitting.
Papez suggested the Interlocal Agreement revisions start with the County’s redline with additional edits discussed today regarding the dissolution clause.
Discussion of Liability insurance and request to add City as an additional insured.

Discussion of Courthouse electrical issues, possible relocation of Dispatch to Personal Services Building, and costs involved in shoring up electricity at the Courthouse vs. PSB to support dispatch.


Respectfully submitted: Angela Newell, Administrative Officer