Description Gallatin County Commissioners' Journal May 11, 2004
Date 05/11/2004 Location County Commission
Time Speaker Note
9:04:53 AM Chairman Vincent Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent, Mitchell and Murdock, County Attorney Lambert and Acting Clerk to the Board Kathy Sinnema.
9:05:37 AM Chairman Vincent Agenda adjustments: Consent Agenda item #2 Request for Common Boundary Relocation Exemption for Huffine Family Limited Partnership moved to Regular Agenda item #7 and Consent Agenda item #4 Consideration of a Request for Common Boundary Relocation Exemption for Enterprise Ranch continued until next public meeting 5/18/04 on the Consent Agenda.
9:06:25 AM Commissioner Mitchell Read the Consent Agenda as follows: 1. Approval of Claims 2. Consideration of a Request for Lot Aggregation Exemption for Richard Kountz 3. Consideration of a Request for Common Boundary Relocation Exemption for Jones 4. Request for Common Boundary Relocation Exemption for Morrison/Coombs 5. Approval of Contracts: TB Grant - Tuberculosis Program and IAP - Immunization Action Plan
9:07:30 AM Chairman Vincent There was no public comment.
9:07:43 AM Commissioner Mitchell Move to approve the modified Consent Agenda.
9:07:46 AM Commissioner Murdock Second
9:07:51 AM Motion passed unanimously.
9:07:56 AM Chairman Vincent Proclamation Declaring the Week of May 10-16, 2004 Salvation Army Week of Gallatin County
9:08:20 AM Captain Richard Pease, Salvation Army Applicant presentation and reading of the proclamation.
9:10:21 AM Chairman Vincent There was no public comment.
9:10:37 AM Commissioner Murdock Comments and most gratefully move that we approve this recognition, it's the least we can do.
9:11:12 AM Commissioner Mitchell Second
9:11:14 AM Board discussion
9:12:29 AM Motion passed unanimously.
9:12:42 AM Chairman Vincent Public Hearing and Consideration of a Resolution of Intent to Adopt the South Cottonwood Canyon Interim Zoning Regulation and Map
9:13:13 AM Planning Director Jennifer Madgic Presentation
9:15:51 AM Board discussion
9:16:25 AM Lanette Windemaker, Land Use Planning Consultant Applicant presentation on behalf of the Concerned Citizens for Cottonwood, Inc. and submittal of Exhibit A, Item #2 regarding zoning district provisions
9:19:29 AM Susan Swimley, Attorney, Nellen & Swimley Applicant presentation on behalf of clients, homeowners in the South Cottonwood Canyon Zoning District
9:35:07 AM Commission and County Attorney questions
9:37:17 AM Public comment Elsa Campbell, Owner, The Woodlands
9:41:00 AM Commission questions
9:42:17 AM Public comment Lindsey Kaufmann with submittal of Exhibit B, Item #2 a petition; Joby Sabol, Attorney on behalf of Larry Holle with submittal of Exhibit C, Item #2 Larry Holle's statement; Jim Hawthorne, Director, Yellowstone Alliance Adventures; Ron Slade, Land Use Planner and Architect; Robert Portnell; Jim McLean, Attorney representing Mountaintop Ministries; Frank Eckes; Vernor Sande; Warren Hiebert, Vice Chairman, Mountaintop Ministries; Rich Inman, Chairman of the Board, Christian Missionary Alliance Churches of Montana and retired from Forest Service with submittal of Exhibit D, Item #2 a petition; and Rob Kaufmann
10:19:42 AM Commission questions
10:20:50 AM Public comment Chris Vosler, Camp Volunteer and Joe Velli, Owner, Bed and Breakfast with submittal of Exhibit E, Item #2 a petition.
10:23:58 AM County Attorney Marty Lambert Questions
10:30:16 AM Public comment Joe Gutoski
10:33:50 AM Chairman Vincent Recess
10:47:35 AM Chairman Vincent Reconvene to meeting.
10:48:35 AM Public comment continued Charlton Campbell, Owner, The Woodlands; Gennie DeWeese; Tina DeWeese; and Kathy Shuel
11:12:59 AM County Attorney Marty Lambert Questions
11:15:54 AM Public comment Leslie Fantelli with submittal of Exhibit F, Item #2 regarding fire danger areas.
11:27:23 AM Commission questions
11:28:26 AM Public comment Tom Thornton, Volunteer firefighter; Tom Stonecipher, Lawyer representing Guy Claus, Buck John and Deborah Butterfield; Sil (Prescilla) Strung; Clint Litle; Buck Johnston; Joby Sabol, Attorney representing Yellowstone Alliance Adventures and The Woodlands/Charlton & Elsa Campbell; Wyatt Frost; Deborah Velli, Owner, Bed and Breakfast with submittal of Exhibit G, Item #2 the Woodlands brochure; (Henry Kriegel absent) and Steve Shuel
12:09:03 PM County Attorney Marty Lambert Questions and response.
12:11:16 PM Public comment Steve White, Camp user and Marrietta Glase
12:16:28 PM Joby Sabol, Attorney Response to testimony on behalf of clients Charlton & Elsa Campbell/The Woodlands and Yellowstone Alliance Adventures
12:18:50 PM Susan Swimley, Attorney, Nellen & Swimley Applicant response to testimony on behalf of clients, homeowners in the South Cottonwood Canyon Zoning District
12:29:36 PM Discussion and questions including County Attorney Lambert and Susan Swimley, Attorney, Nellen & Swimley
12:35:25 PM Joby Sabol, Attorney Final comments
12:37:20 PM County Attorney Marty Lambert Questions
12:38:33 PM Chairman Vincent Close public testimony.
12:38:37 PM Board discussion
12:49:34 PM Commissioner Murdock Commission question of County Attorney Lambert regarding resolution of intention.
12:52:30 PM Commissioner Mitchell Motion to deny the South Cottonwood Canyon Interim and emergency zoning district, the ordinances and the boundary as presented today.
12:52:48 PM Commissioner Murdock Second
12:53:02 PM Discussion and questions
12:54:16 PM Motion passed 2:1. Chairman Vincent opposed.
12:54:25 PM Chairman Vincent Recess
2:04:00 PM Chairman Vincent Reconvene to meeting. Receipt of Petition to Annex Property into Bridger Canyon Rural Fire District
2:04:25 PM Clerk & Recorder Shelley Vance Presentation - Hearing date at public meeting June 8, 2004
2:05:58 PM Chairman Vincent There was no public comment.
2:06:18 PM Commissioner Murdock Move that we accept the petition for annexation into the Bridger Canyon Rural Fire District as described and presented to us by Clerk and Recorder Shelley Vance and that we set a hearing date for June 8th of 2004 on this subject.
2:06:35 PM Commissioner Mitchell Second
2:06:45 PM Motion passed unanimously.
2:06:49 PM Chairman Vincent Public Hearing and Consideration of Approval of Authorization for the County Fiscal Office to Proceed with Making Application to State Intercap for up to $999,000 for Library Capital Projects and Authorizing the Chairman of the Commission to Sign the Intercap Application
2:07:13 PM Fiscal Officer Ed Blackman Presentation
2:07:58 PM Commission questions
2:11:29 PM Brenda Davis, Chair, Bozeman Library Board of Trustees Applicant presentation and submittal of Exhibits A and B, Item #4 a petition and newspaper article respectively.
2:16:37 PM Commission questions
2:18:02 PM Public comment Ilene Casey, Director, Belgrade Community Library
2:21:37 PM Commission questions
2:22:45 PM Public comment Julia Herdina, Head Librarian, Manhattan Community Library; Colet Bartow, Chief Librarian, Manhattan School and Community Library; Julia Herdina on behalf of Jean Nielsen, Director, Three Forks Community Library with submittal of Exhibit C, Item #4 Jean Nielsen's statement; Mary Girard, Director, West Yellowstone Public Library with submittal of Exhibit D, Item #4 a petition; Walter Goldstein, President, Bozeman Public Library Foundation; and Julia Bruner
2:30:13 PM Discussion and questions including Fiscal Officer Ed Blackman.
2:41:21 PM Commissioner Murdock I move that we make application to intercap as described to us by our Fiscal Officer for the maximum amount of $1 million for the purposes described by the library groups in the county.
2:41:39 PM Chairman Vincent Second
2:42:05 PM Motion passed 2:1. Commissioner Mitchell opposed.
2:42:35 PM Chairman Vincent Public Hearing and Consideration of Request for Common Boundary Relocation Exemption and Amended Plat for Kirkwood Ranch Minor Subdivision 330 and Sveinson
2:42:48 PM County Planner Victoria Drummond Staff report
2:45:00 PM Joe Kmetz, Gateway Engineering and Surveying Applicant presentation on behalf of client Pamela Sveinson
2:45:55 PM Commission questions of Joe Kmetz, Gateway Engineering and Surveying and Environmental Health Services Director Tim Roark
2:56:29 PM Public comment John Glover, Attorney, Berg Law Firm on behalf of Jerrine Micklewright
2:57:45 PM Board discussion
2:58:13 PM Joe Kmetz, Gateway Engineering and Surveying Applicant response on behalf of client Pamela Sveinson
2:58:35 PM Chairman Vincent Close public testimony.
2:58:44 PM Commissioner Murdock I move that we approve the exemption for a common boundary relocation for the amended plat of lots 4 and 5 of Kirkwood Ranch Minor Subdivision.
2:58:55 PM Commissioner Mitchell Second
2:59:02 PM Board discussion
2:59:38 PM Motion passed unanimously.
2:59:43 PM Chairman Vincent Public Hearing and Consideration of Request for Family Transfer Exemption for Arthur
2:59:54 PM County Planner Victoria Drummond Staff report
3:00:55 PM Commission questions
3:01:39 PM Chairman Vincent Confirm that applicants, Sidney and Penny Arthur, were aware they would respond to questions on the record before testimony.
3:01:47 PM County Attorney Marty Lambert Oath and questions of applicants.
3:06:52 PM Discussion and questions
3:08:12 PM Chairman Vincent There was no public comment.
3:08:23 PM Commissioner Mitchell I am satisfied that the intent meets the requirements of the Family Transfer Exemption so I move approval of the Arthur Family transfer exemption.
3:08:34 PM Commissioner Murdock Second
3:08:41 PM Motion passed unanimously.
3:08:44 PM Chairman Vincent Adjusted agenda formerly Consent Agenda item #2 now Regular Agenda item #7 Request for Common Boundary Relocation Exemption for Huffine Family Limited Partnership
3:09:07 PM County Planner Paul Bussi Staff report and submittal of Exhibits A and B, Item #7 maps.
3:11:53 PM Ron Allen, Surveyor, Allen & Associates Applicant presentation on behalf of Huffine Family Limited Partnership
3:13:16 PM Commission questions
3:14:12 PM Chairman Vincent There was no public comment.
3:14:25 PM Commissioner Mitchell Comments and I move that we approve the Huffine Family Limited Partnership common boundary relocation exemption.
3:14:44 PM Commissioner Murdock Second
3:14:53 PM Motion passed unanimously.
3:15:14 PM Chairman Vincent Announce agenda adjustment moving to #8 Public Hearing and Consideration of Resolution Amending the Gallatin County FY 2004 Budget by Appropriating $500,000 in Revenues Received from the Montana Department of Commerce, CDBG Housing Project
3:15:29 PM Fiscal Officer Ed Blackman Presentation
3:16:29 PM Chairman Vincent There was no public comment.
3:16:42 PM Commissioner Murdock I move that we approve Resolution 2004-068, which would amend our 2004 budget by appropriating $500,000 in revenues received from the Montana Department of Commerce for the CDBG Housing Project.
3:17:04 PM Commissioner Mitchell Second
3:17:11 PM Motion passed unanimously.
3:17:16 PM Chairman Vincent Public Hearing and Consideration of a Resolution to Amend the Pre-Trial FY 2004 Operating Budget to Include Funds in the Amount of $14,033 Transferred from the PILT Operating Budget for Salary and Wages and the Purchase of Computer and Furniture
3:17:34 PM Fiscal Officer Ed Blackman Presentation
3:18:46 PM Chairman Vincent There was no public comment.
3:19:03 PM Commissioner Murdock I move that we approve Resolution 2004-069
3:19:14 PM Commissioner Mitchell Second
3:19:22 PM Motion passed unanimously.
3:19:45 PM Chairman Vincent Agenda adjustment #11 now #10 Pending Resolution: A Resolution Amending the Gallatin County FY 2004 Budget by Appropriating $125,750 in Revenues Received from the Montana Highway Patrol, for the Purchase of Equipment
3:20:10 PM Fiscal Officer Ed Blackman Presentation
3:20:41 PM Chairman Vincent There was no public comment.
3:20:50 PM Commissioner Mitchell Move to approve (Resolution 2004-070).
3:20:52 PM Commissioner Murdock Second
3:21:00 PM Motion passed unanimously.
3:21:05 PM Chairman Vincent Agenda adjustment: item originally #7 now #11 Public Hearing on First Reading to Rescind and Replace Ordinance #93-01 and Adopt a New Ordinance. Ordinance 2004-014, read in its entirety.
3:36:18 PM Code Compliance Specialist Amy Waring Presentation
3:40:36 PM Discussion and questions including County Attorney Lambert, Code Compliance Specialist Amy Waring and Deputy County Attorney Kate Dinwiddie
3:53:40 PM County Attorney Marty Lambert Add sentence to Section 6. Part B. A violator may appeal to the 18th Judicial District Court from any final order or determination of the Commission.
3:53:53 PM Commissioner Murdock Moved (to amend the ordinance as stated by the County Attorney).
3:53:58 PM Commissioner Mitchell Second
3:54:22 PM Motion passed unanimously.
3:54:33 PM Chairman Vincent There was no public comment.
3:54:40 PM Commissioner Murdock So moved (to approve the first reading of Ordinance 2004-014 as amended).
3:54:56 PM Commissioner Mitchell Second
3:55:10 PM Motion passed unanimously.
3:55:19 PM Chairman Vincent There was no Pending Resolutions or Public comments. Meeting adjourned.
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