October 13, 2020

COMMISSIONERS’ PROCEEDINGS
October 13, 2020

Commissioners Scott Blain and Bill Bullock; Administrative Officer Angela Newell; and Commissioners’ Secretary Barbara Krizek were present.

8:30 Pledge of Allegiance

Commissioner Bullock moved to approve Claims for October 2020 (early check issuance); Commissioner Blain seconded; motion carried.

Dave MacAusland joined during Public Comment period to discuss an email he sent to Commissioners regarding the East Rosebud Lake Homeowners Association; MacAusland believes the homeowners there are paying significantly less in property taxes than they should based on a fairness approach. He also contests that the Lake Association is restricting public access to what he feels is a “Public Easement by Historical Allowed Use” at the boat launch and beach; lastly, he believes the Association’s bridge interferes with citizen stream rights and should be re-built or removed. Commissioner Bullock recommended that MacAusland contact State legislators because taxation issues go beyond the purview of the County. Commissioner Bullock cautioned MacAusland regarding infringing on private landowners’ personal property rights noting the challenging case law in “takings” cases. MacAusland believes historic access has created an “Easement by Use” but would like the County to exercise “Eminent Domain” to provide for East Rosebud Lake access if landowners will not provide it voluntarily; Commissioner Blain voiced that he did not support that.

9:15 Commissioner Bullock moved to approve the Montana State University Extension Services agreement; Commissioner Blain seconded; motion carried.

9:30 Sanitarian Cortney Lynde, Assistant Superintendent of Schools Lori Kane, Bill Kampfer, Contract County Planner Forrest Mandeville (tele-conference) and Brent Moore of Interstate Engineering (tele-conference) joined the meeting to discuss septic permitting issues for Bill Kampfer for his property at 711 Selms Road (Eagle Point Tracts, S03, T06 S, R22 E, Eagle Point Tracts TR 18 COS 1323). Kampfer detailed his 3-year long process and frustrations with Montana Department of Environmental Quality (DEQ). Discussion whether his property, at 20.001 acres including a County road easement, falls under DEQ jurisdiction or County jurisdiction for septic approval. Commissioners, Lynde, and Mandeville recommended that Kampfer seeks a boundary-line relocation with a neighboring property owner to reach 20+ acres exclusive of public roadways and therefore reside under County jurisdiction for the septic approval process.

10:55 Commissioner Bullock moved to approve Employee Time; Commissioner Blain seconded; motion carried.

Discussion regarding Carbon County Search and Rescue (SAR) and grocery delivery for those in quarantine due to COVID-19. Since March, SAR volunteers had coordinated grocery and other essential deliveries; this week, the organization indicated that it intends to back-out of providing this service. Commissioners agreed that now that the community is used to living with COVID-19 and taking necessary precautions, community members should rely on friends, family, neighbors to provide delivery of groceries.

12:00 Adjourned.