November 16, 2021

COMMISSIONERS’ PROCEEDINGS
November 16, 2021
Commissioners Scott Miller, Scott Blain; and Administrative Officer Angela Newell were present.
8:30 Pledge of Allegiance.
9:00 Election Administrator Macque Bohleen and Deputy Clerk and Recorder Crystal Roascio met with Commissioners regarding the municipal election canvases. Blain moved to approve canvases for Bearcreek, Bridger, and Red Lodge municipal elections; Miller seconded; motion carried.
10:00 Commissioner Bill Bullock joined the meeting. Beartooth RC&D Executive Director Joel Bertolino and new economic Development Director Jacy Head met with Commissioner for the annual update and to renew the Memorandum of Understanding. Report attached. Cushing Terrell Housing Study – have been working with RLACF for Workforce Housing Committee. Blain moved to approve Memorandum of Understanding with Beartooth RC&D.
10:40 Contract Planner Forrest Mandeville joined the meeting.
11:00 Windmill Farms Subdivision Final Plat. Mandeville, County attorney Alex Nixon, Clerk and Recorder Christine Stovall, Deputy Clerk and Recorder Macque Bohleen, Scott Aspenlieder from Performance Engineering, Sanitarian in Training Barbara Krizek, and Carbon County News Reporter Elanor Gurrero. Mandeville reviewed staff report and preliminary approval. Mandeville believes conditions of preliminary approval have been met, but noted there have been questions from Edgar residents regarding whether the language on the plat meet Condition 11. Statement on the final plat, “can not be further subdivided without consent of the governing body.” Blain reviewed email correspondence received by Newell yesterday; asked about change in state law regarding subdivision conditions of approval. Mandiville confirmed that new law, effective October 1, requires that any conditions imposed must be directly tied back to review criteria in State law or local Subdivision Regulations. Blain believes the intention of the motion for preliminary approval to was to keep the property from being further subdivided. Nixon agreed with Mandeville that the language on the plat meets the conditions of preliminary approval. Miller, having reviewed and considered the application materials, project memorandum, and all of the information presented, moved to approve the Windmill Farms Subdivision, final plat; Blain seconded; Blain requested to add to the minutes for historical purposes that the Commission’s intent is to prevent further subdivision of the three properties being created. Mandeville noted any additional changes would require further subdivision review by Planning Board and Commissioners. Bullock requested to reiterate Blain’s comments that the intent of the Commission is for there to be no further subdivision of the properties because of the water concerns brought forth by landowners. Stovall noted her recollection is that Mandeville raised some concerns that perpetually preventing any further division could be in contrast with future laws. Nixon believes current language is more defensible that an outright prohibition. Motion carried.
Discussed new Marijuana laws for recreational use. Mandeville reviewed current regulations for Group 2 development permit that would be required for any new business. Mandeville will discuss with Planning Board tonight if they would like to consider any additional local regulations.
Nixon discussed his email regarding changes in office. With legal assistant Ariana Moore’s resignation, Nixon would like to enact a Reduction in Force to eliminate the position and consolidate it with the Victim Witness Coordinator position. Brangers is willing to take on the additional work. Nixon believes the position could continue to be funded 1/2 to 2/3 by grant funding. He would like to see similar positions in his office making the same wage, believes the reduction in force would pay for the requested pay increase of about $5/hr. Bullock would prefer a smaller increase initially and the remainder at the beginning of the new fiscal year, Blain in agreement.
Blain moved to approve claims for October 2021; Miller seconded; motion carried.
Blain moved to approve Commissioners’ Proceedings for October 19, 21, and 26, 2021; Miller seconded; motion carried.
11:42 DES Coordinator Cyrina Allen met with Commissioners regarding last night’s wind storms. Red Lodge road district had quite a few trees down and across county roads. Truck tipped over of 310. Roscoe fire still in Stillwater, RL Fire in assistance for mutual aid. Belfry fire assisting with fire in Clark WY multiple structures including homes and one fatality. Joliet fire mopping up. Allen will get some pictures. Rock Creek Radio tower was down last night shortly after midnight due to generator not kicking on. Got it going about 0200 and is still running to head off any continuing power issues. Newell noted phones in administration are still out. Discussion regarding if there is need to do disaster declaration to assist with insurance claims; Allen will call State DES.
12:00 Lunch

1:00 Lurcher Aggregation. Mandeville, Kate Stout of Red Lodge Surveying, and Clerk and Recorder Christine Stovall in attendance. Mandeville reviewed staff report and noted the existing ag covenant (which is typically lifted through subdivision) can also be
lifted if the tract is re-aggregated to the original survey boundaries. New Certificate of Survey will lift the ag covenant. Miller Having reviewed and considered the request to revoke the agricultural covenant, staff report, public comment, and all of the information presented, moved to approve of the request to revoke the agricultural covenant; Blain seconded; motion carried.

Adjourned.

Respectfully submitted: Angela Newell, Administrative Officer