November 7, 2023

201
COMMISSIONERS’ PROCEEDINGS
November 7, 2023
Commissioners Scott Miller and Scott Blain were present.
8:30 Pledge of Allegiance.
8:40 Shannon Blackburn, Ben Bailey, and Bryan Giordano from FWP were present as they thought there was some sort of a flood update meeting. There was nothing on the agenda for today. Blain gave Miller an update on his meeting with FWP, FEMA, DES, and the debris removal contractors from the day before. FWP had scheduled a meeting with DES without the expectation of others attending. FWP still has concerns with the rock debris removal project.
9:00 Blain moved to approve claims for October 2023, Miller seconds, motion passed.
9:00 Beartooth RC&D update and Memorandum of Understanding (MOU). Joel Bertolino, Nan Knight, and Jacy Head were in attendance (update attached). Blain moved to approve the MOU with Beartooth RC&D, Miller second. Motion passed.
Blain moved to approve the letter of support for Beartooth to continue to be a Certified Regional Development Corporation. Miller second. Motion passed.
10:30 Cyrina Allen, DES, needed a signature for the County Road Bridge Infrastructure Master plan being submitted tomorrow.
10:30 Blain moved to approve employee time as submitted. Miller second. Motion passed.
10:30 Tom Kohley GIS/Addressing/Fire Warden gave his monthly update (attached).
11:00 DeVille Family Transfer Variance. Contract Planner Forrest Mandeville, County Attorney Alex Nixon, Clerk and Recorder Macque Bohleen, and Kate Stout Red Lodge Surveying were in attendance. Mandeville reviewed his staff report.
Blain moved to approve the variance request for the DeVille Family Transfer. Miller Second. Discussion followed.
Nixon expressed concerns about the eligibility of variance within the strict application of the law and setting a precedent.

Public Comment-Harry Holman, realtor, noted he was not aware of the new state law regarding family transfers. The work to divide the land started in July of 2021. The survey was not filed because they wanted to wait for this meeting. The owners changed realtors in the middle of the process as well.
Bohleen does not want to set precedence by allowing this variance. Blain is also concerned with setting a different precedent and wants to ensure we are consistent in decisions. Miller wants to handle these, case-by-case, and is less worried about past practices of family land transfers being used to circumvent subdivision oversight.
Stout clarified some differences between this one and previous variances including the fact that this division does not leave a remainder tract that would be marketed. Further discussion about the uniqueness of this situation. Blain asked Nixon about legal ramifications. Nixon agreed that this situation was different in some aspects but wasn’t sure they meet the variance criteria.
Miller asked what their other options are. Mandeville explained that they would need to go through a minor subdivision procedure which would take a few months at least. The engineer indicated that only Tract 2 has DEQ approval and getting DEQ approval on tract 1 may be difficult and certainly would take some time.
Miller called for a vote, and the motion passed.
12:13 Graham Subdivision South; Mandeville, contract planner, proceeded to give his staff report. Blain moved to approve the Graham Subdivision with the conditions, Miller Second. Motion passed.
12:30 Blain moved to accept the Justice Court Disbursements, District Court Disbursement, County Treasurer Cash Report, and Clerk and Recorder Report for 10/2023, Miller second. Motion passed.
12:45 Blain moved to approve claims for October 2023. Miller second. Motion passed.
12:00 Adjourned.