May 30, 2023

116
COMMISSIONERS’ PROCEEDINGS
May 30, 2023
Commissioners Scott Blain, and Bill Bullock; and Administrative Officer Angela Newell were present.
8:30 Pledge of Allegiance.
Discussed Airport emails from the City over the weekend.
9:00 Election Administrator Crystal Roascio met with Commissioners. Bullock moved to approve Resolution 2023-15 Intent to Hold Election for Ambulance District Mill Levy Election; Blain seconded; motion carried.
9:30 Weed District Coordinator Brian Ostwald met with Commissioners. Bullock moved to approve the North Dry Creek – Weed Management Project Trust Fund Grant Agreement; Blain seconded; motion carried.
Ostwald met to discuss the Weed District preliminary budget. Bullock moved to approve the request to increase Pam Schwend’s wage to 75% of the Elected Base Wage (Clerk 6) effective July 1; Blain seconded; motion carries.
10:00 Forrest Mandeville, Clerk and Recorder Macque Bohleen, and Kate Stout of Red Lodge surveying met for the Fallen Tree Subdivision Preliminary Plat. Mandeville reviewed the staff report and Planning Board recommendation with conditions. Bullock, having reviewed and considered the application materials, project memorandum, public comments, Planning Board recommendation, and all of the information presented, moved to approve the Fallen Tree Subdivision with the findings and conditions included in the project memorandum; Blain seconded; discussion of existing residence show on the plat; motion carried.
10:30 Mandeville, Stout, Bohleen, and Roascio met to discuss the changes implemented by the Legislature to the Family Land Transfer subdivision exemption. The new law now allows Family Land Transfers within a subdivision but requires all Family Transfers to be held for two years; the law had an immediate effective date. Mandeville noted enforcement concerns (the burden to enforce this law will be on Clerk and Recorder). Discussion about allowing a variance for the holding period; Mandeville and MACo were concerned that without criteria for variance, the county could have liability for acting arbitrarily. Mandeville noted the County could adopt a shorter holding period Yellowstone County is contemplating eliminating the timeline. Bohleen and Roascio noted the Clerk and Recorder’s Office and the Montana Association of Clerk and Recorders supported the bill and is not concerned about the burden of enforcing the legislation. Mandeville noted the history of the Planning Board relying on the prohibition of Family land transfers within subdivisions when approving subdivisions as subsequent subdivision review would be required for further division of the land. Discussion of possible hardship criteria for variance process. Bullock expressed concerns about how to determine what is a financial hardship; would see a hardship limited to the death of a landowner. Mandeville noted the best route is to amend the Subdivision Regulations, but that process is not timely for those transfers already in process; noted current regulations have a variance process, (it is specific to design criteria), but could possibly be used until the Regulations can be amended. Mandeville noted without criteria being established there are issues for both those wanting to do family land transfers and for the County’s liability.
Discussed updates to Development Regulations. Mandeville discussed the current Interim Zoning for Marijuana and questioned whether the Group 2 process is appropriate for marijuana businesses or if they should be classified as Conditional Use. Discussed the “shall” pass provisions for Group 1 & 2 permits (Commissioners would like to see this amended); discussed changing timelines and establishing a process to refer the permits to Planning Board with an appeal to Commissioners. Discussed setback variances in non-incorporated towns; Commissioners did not believe the frequency warrants changing the process. Commissioners do not support incorporating any lighting considerations. Commissioners did not feel accommodations for private residential wind turbines need to be incorporated. Discussion of Industrial uses and adding language to clarify or list possible industrial uses.
11:30 Phil and Stacy Nardinger met with Commissioners to discuss Revising the Resolution Confirming the County’s Support of and continued Cooperation with the Red Lodge Rodeo Association. Bullock moved to approve Resolution 2023-16 Clarifying the County’s Support of and Continued Cooperation with Rodeo Association; Blain seconded; motion carried.

Tim Jager from the ARETE Design Group met with Commissioners to discuss County architectural projects.

Bullock moved to approve Encroachment Application with the fee waived for Rocking Roberts; Blain seconded; motion carried.

12:00 Lunch

Adjourned.

Respectfully submitted: Angela Newell, Administrative Officer