Gallatin County Commissioners' Journal July 13, 2004
Time
Speaker
Note
9:04:51 AM
Clerk's Note: There was no audio recorded of the first 30 minutes of the meeting. The following business was conducted until 9:42:06 AM and then audio begins. The previous allotted times before this do not match actual time during the meeting:
9:04:52 AM
Chairman Vincent
Call to Order at 9:10 AM, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent, Mitchell and Murdock, County Attorney Lambert and Acting Clerk to the Board Kathy Sinnema. Announced that due to technical difficulties, there will be no audio recording of the public meeting and therefore no verbatim statements or actions. There was no public comment on matters within the Commission's jurisdiction.
9:05:26 AM
Commissioner Murdock
Read the Consent Agenda as follows: 1. Approval of Claims 2. Approval Contracts: The Montana Board of Crime Control for the FY 2005 Freedom from Fear Program, Montana Board of Crime Control for the FY 2005 Victim Witness Assistance Program, Contract for Auctioneer and Dick Prugh and Lennon Conceptual Drawings of a New Detention Center
9:05:29 AM
Board discussion on the Contract of Dick Prugh and Lennon Conceptual Drawings of a New Detention Center. Commissioner Mitchell would like it to be placed on the Regular Agenda for discussion.
9:05:30 AM
County Attorney Marty Lambert
Comments on the contract dealing with the time constraints facing the jail renovation and it dealing with the pre-architectural planning of the facilities.
9:05:32 AM
Chairman Vincent
Place the Contract of Dick Prugh and Lennon Conceptual Drawings of a New Detention Center on the Regular Agenda as Item #1.
9:05:33 AM
Commissioner Murdock
Move to approve the consent agenda as modified.
9:05:34 AM
Commissioner Mitchell
Second
9:05:35 AM
Motion passed unanimously.
9:05:36 AM
Chairman Vincent
Recognizes the Montana Preservation Core in attendance. Regular Agenda adjustment Item #1: The Contract of Dick Prugh and Lennon Conceptual Drawings of a New Detention Center
9:05:39 AM
Public comment
County Attorney Marty Lambert comments in support of approving the contract, which only asks for $7100. It will provide drawings so the county can finish the work with Carter/Goble. Dick Prugh is part of an orderly process already in motion. There has been work and preparation towards a 7/21 - 7/22/04 meeting which this contract has a part in.
9:05:41 AM
Commissioner Mitchell
Commission question on why the county is not going through a bidding process for this job?
9:05:42 AM
County Attorney Marty Lambert
Replies that a call for proposals is not required. The Commission is not legally compelled to do that and it is legal to go forward with this.
9:05:43 AM
Public comment
County Sheriff Jim Cashell comments that he has been working with Dennis Liebert, Consultant and will be meeting with Carter/Goble next week. Right now they are in need of an idea of how things are going to fit together inside the new detention center as well as the available surrounding site. States not to delay this project any further, otherwise it is counter productive.
9:05:44 AM
Commissioner Mitchell
Commission question to County Sheriff Jim Cashell on why is he the project manager on this venture and what are his qualifications?
9:05:45 AM
County Sheriff Jim Cashell
He is experienced in having meetings to get to an end product. He knows how to hire the professionals with expertise for specific jobs. He has worked with Dick Prugh extensively.
9:05:46 AM
Chairman Vincent
There was no further public comment.
9:05:47 AM
Commissioner Murdock
Move to approve the Dick Prugh and Lennon Conceptual Drawings of a New Detention Center.
9:05:48 AM
Chairman Vincent
Second
9:05:49 AM
Commissioner Mitchell
Board discussion regarding this job requiring accountability. The county has been here before with Prugh and Lennon and others want to bid. Prugh and Lennon have been on this project for years, since 1996. This is not right, they're not being held accountable and are just employees working for the county. It would be right to put out a proposal to the public and have a bid process. We haven't done this here; I do not think it is right and I do not believe it is legal.
9:05:50 AM
Commissioner Murdock
Board discussion stating this is not illegal and it's just $7100 to hire Prugh and Lennon. It's not for a design. A national search was conducted under an objective process. It is a waste of money and of time to go elsewhere on such a small project.
9:05:51 AM
Chairman Vincent
Board discussion stating he will vote in favor of the motion.
9:05:52 AM
Commissioner Mitchell
Board discussion on the fact that this one company has worked on previous jail proposals and doesn't know why they are still on contract. The county has paid them a lot of money, around $500,000 for different projects and believes others want a chance.
9:05:53 AM
Motion passes 2:1. Commissioner Mitchell opposed.
9:05:54 AM
Chairman Vincent
Continuation on a Public Hearing and Consideration of the Request for Preliminary Plat Approval for the Rockin' S7 Minor Subdivision
9:05:55 AM
County Planner Randy Johnson
Staff Report over viewing the subdivision and stated that the bolded items on pages 9, 10 and 13 are added conditions from the previous 6/8/04 staff report. County Attorney Lambert has drafted an additional condition #42 which reads: Prior to the filing of the final plat the developer must enter into an agreement with an entity established to oversee and supervise conservation easements or an entity based in Montana whose purpose is to promote agriculture and/or preserve open space. Through this agreement this entity will assume the responsibility to oversee the agricultural easement placed on this Subdivision by the developer. The County Attorney must approve this agreement before the Commission gives final plat approval. In the event the terms of the agricultural easement are not being followed, the entity may/shall deliver a Notice of
Violation to the homeowners association and Gallatin County in recordable form. If the defect complained of is not corrected within 90 days, the Notice shall be filed with the Gallatin County Clerk and Recorder as a charge and encumbrance against each lot within this Minor Subdivision and remain as such until the violation is cured and a Notice of Removal of Violation is filed by the County. The developer and/or homeowners association agree that all costs and expenses associated with the oversight of the easement by the entity and the filing of any notices described above shall be borne by the homeowners association. In the alternative to the remedy set forth in the paragraph above, if the terms of the agricultural easement are not being followed, the County Attorney may file a claim seeking relief pursuant to Sec. 76-3-301(3), MCA (2003). If this code section is amended or renumbered, the County Attorney may use any like code section in any such future enforcement action. Finally,
staff finding #5 needs the Commission to determine cul-de-sac length.
9:05:56 AM
Commissioner Mitchell
Commission question on how the Rockin' S7 Minor Subdivision is a normal subdivision process and how does it deviate with condition #42 easement?
9:05:57 AM
County Planner Randy Johnson
Explains a conservation easement.
9:05:58 AM
Rick Kerin, Engineer, Kerin & Associates
Applicant presentation on behalf of clients Sagehorn Capital Management, LLC. Willing to drill a test well if this is not approved. Believes they will most likely find water.
9:05:59 AM
Chairman Vincent
Not concerned so much with the water but more with the conservation easement, wants the easement addressed.
9:42:06 AM
Clerk's note: Audio begins here with Chairman Vincent's Board discussion already in progress.
9:43:30 AM
Joby Sabol, Attorney
Applicant Presentation on behalf of clients Sagehorn Capital Management, LLC
9:51:18 AM
Discussion and questions
10:12:43 AM
County Attorney Marty Lambert
Advice
10:13:35 AM
Discussion and questions including Joby Sabol, Attorney, County Road & Bridge Department George Durkin and County Planner Randy Johnson.
10:20:58 AM
Public comment
Commissioner Murdock read Sara Hahn's letter and receipted as Exhibit D, Item #2.
10:22:13 AM
Board discussion
10:23:09 AM
Commissioner Murdock
I move that we grant the variance request for the length of the cul-de-sac; we've done this in the past and finding that it would not impose a liability to neighbors or the surrounding area. That it would constitute an undue hardship for the developer, it would not adversely affect.
10:23:44 AM
Commissioner Mitchell
Second
10:23:46 AM
Board discussion
10:24:13 AM
Motion passed unanimously.
10:24:16 AM
Discussion and questions including County Road & Bridge Department George Durkin.
10:26:23 AM
County Attorney Marty Lambert
Advice
10:27:02 AM
Discussion and questions
10:32:01 AM
County Attorney Marty Lambert
Questions of Rick Kerin, Engineer, Kerin and Associates and Joby Sabol, Attorney.
10:34:55 AM
Discussion and questions
10:41:20 AM
Chairman Vincent
Continue Public Hearing and Consideration of the Request for Preliminary Plat Approval for the Rockin' S7 Minor Subdivision with public comment until further notice. Recess.
11:03:21 AM
Chairman Vincent
Reconvene to meeting. Public Hearing and Consideration of a Resolution of a Road Name Change in Gallatin County for an Un-named Road off of Airport Road to Willem Way
11:03:42 AM
GIS Coordinator Allen Armstrong
Presentation
11:04:18 AM
Chairman Vincent
There was no public comment.
11:04:39 AM
Commissioner Mitchell
I move that we approve Resolution 2004-108 changing Cantril Lane to Willem Way for the petition as provided by the landowners.
11:04:54 AM
Commissioner Murdock
Second
11:05:02 AM
Motion passed unanimously.
11:05:06 AM
Chairman Vincent
Public Hearing and Consideration of a Resolution of Intent to Amend the Public Safety FY 2004 Operating Budget to Include Unanticipated Revenues in the Amount of $31,398 from the State of Montana
11:05:25 AM
County Sheriff Jim Cashell
Presentation
11:05:54 AM
Chairman Vincent
There was no public comment.
11:06:06 AM
Commissioner Murdock
I gladly move to approve accepting unbudgeted revenues for the Sheriff's Public Safety FY 2004 Operating Budget in the amount of $31,398 from the State of Montana (Resolution #2004-109).
11:06:26 AM
Commissioner Mitchell
Second
11:06:33 AM
Motion passed unanimously.
11:06:38 AM
Chairman Vincent
Public Hearing and Consideration of Proposed Budget and Usage of Floating Millage and Increase in the Permissive Levy for Medical Health Insurance
11:06:56 AM
Fiscal Officer Ed Blackman
PowerPoint presentation and submittal of Determination of Tax Revenue and Mill Levy Limitations labeled Exhibit A, Item #5 and Distribution of Balances labeled Exhibit B, Item #5.
11:25:11 AM
Discussion and questions
11:35:17 AM
Chairman Vincent
There was no public comment.
11:35:46 AM
Additional budget requests from GIS Coordinator Allen Armstrong PowerPoint presentation, Community Corrections Director, Teresa Flanagan with submittal of memo on increased budget line items labeled Exhibit C, Item #5, County Road & Bridge Superintendent Lee Provance, County Planner Director Jennifer Madgic, County Administrative Officer Randy Kuyath and Chief Public Defender Mariah Eastman.
11:57:29 AM
Discussion and questions
11:58:51 AM
Fiscal Officer Ed Blackman
Public meetings scheduled 7/27/04 and 8/3/04 with public comment regarding the county budget and public meeting 8/24/04 scheduled for adoption of budget.
11:59:58 AM
Chairman Vincent
Board Appointment: Gallatin County Fair Board continued indefinitely. Public Hearing and Consideration of a Resolution Establishing the Elected Officials Salaries for Fiscal Year 2005
12:00:51 PM
County Attorney Marty Lambert
Presentation
12:01:50 PM
Discussion and questions including County Attorney Marty Lambert
12:13:44 PM
Chairman Vincent
Continue Public Hearing and Consideration of a Resolution Establishing the Elected Officials Salaries for Fiscal Year 2005 until 7/20/04. There was no public comment. Pending Resolution of Intent to Levy and Assess a Tax on Rural Improvement Maintenance Districts within Gallatin County, Montana
12:14:22 PM
Fiscal Officer Ed Blackman
Presentation
12:15:07 PM
Discussion and questions
12:16:11 PM
Commissioner Murdock
Move to approve Resolution of Intent #2004-110.
12:16:16 PM
Commissioner Mitchell
Second
12:16:29 PM
Motion passed unanimously.
12:16:32 PM
Chairman Vincent
There was no Public Comment .
12:16:33 PM
Meeting adjourned
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