Description Gallatin County Commissioners' Journal No. November 9, 2005
Date 11/09/2005 Location County Commission
Time Speaker Note
1:36:10 PM Chairman Murdock Call to Order. Present were Commissioners Murdock, Skinner and Vincent, Deputy County Attorney Greg Sullivan, and Acting Clerk to the Board Mary Miller.
1:36:17 PM There was no public comments on any matters within the Commission's jurisdiction.
1:36:48 PM Commissioner Vincent Read the consent agenda as follows: 1. Contract(s): Bronec & Associates for Mechanical Study of Martel Lo-Rise Building (pulled for further consideration) and Contract with McLees, Inc for repair of the Detention Center Roof
1:37:09 PM There was no public comment.
1:37:19 PM Commissioner Skinner I'll move to approve the consent agenda.
1:37:22 PM Commissioner Vincent Second
1:37:24 PM Motion passed unanimously.
1:37:27 PM Chairman Murdock Annual Library Presentation by Gallatin County Area Librarians
1:37:42 PM Gallatin County Library Directors Presentation Alice Meister- Bozeman, Anna McLain-Belgrade, Julia Herdina-Manhattan, and Jean Nielsen-Three Forks
1:47:41 PM Discussion and Questions
1:48:34 PM There was no public comment.
1:48:50 PM No action taken.
1:49:03 PM Chairman Murdock Public Hearing and Consideration/Decision on Resolution to Amend the Gallatin County FY 2006 Operating Budget for the Receipt of Unanticipated Revenues of $9,400 For the Central Valley Fire District
1:49:33 PM Finance Director Ed Blackman Presentation
1:50:08 PM There was no public comment.
1:50:24 PM Commissioner Skinner I'll move to adopt Resolution #2005-152, this is a resolution amending the Gallatin County FY 2006 Operating Budget for receipt of unanticipated revenues of $9,400 for the Central Valley Fire District.
1:50:41 PM Commissioner Vincent Second
1:50:42 PM Board discussion
1:51:01 PM Motion passed unanimously.
1:51:04 PM Chairman Murdock Public Hearing and Consideration of A Resolution of Intent to Amend the Noxious Weed FY 2006 Operating Budget to Include Unanticipated 16-Mile Grant and Lower Jefferson WMA Grant Revenues in the Amount of $17,621
1:51:32 PM Finance Director Ed Blackman Presentation
1:52:03 PM There was no public comment.
1:52:09 PM Commissioner Vincent I move we adopt Resolution #2005-153, a resolution of intent to amend the Noxious Weed District FY 2006 budget.
1:52:18 PM Commissioner Skinner Second
1:52:24 PM Motion passed unanimously.
1:52:36 PM Chairman Murdock Request for Reduction of Road Impact Fees for the Spanish Peaks Estates Phase 5 Major Subdivision
1:53:08 PM Bob Lee, Land Use Planner, Morrison-Maierle, Inc. Presentation on behalf of applicant Spanish Peaks Holdings, LLC
1:53:52 PM Discussion and Questions
1:54:45 PM County Planner Randy Johnson Staff report
1:56:31 PM There was no public comment.
1:56:46 PM Discussion between the Commission, Randy Johnson, and Road and Bridge Superintendent Lee Provance
2:01:29 PM Commissioner Skinner I'll move to approve the reduction of road impact fees for Spanish Peaks Estates Phase 5 Major Subdivision.
2:01:36 PM Commissioner Vincent Second
2:01:42 PM Motion passed unanimously.
2:01:47 PM Chairman Murdock Discussion on the Proposed Cobb Hill Zoning District
2:02:07 PM County Planning Director Jennifer Madgic Presentation
2:04:26 PM Public comment Jack Tkach, Lois Gaffney, Roger Brownson, Joann Gogal, and Jim Wallace
2:25:15 PM Discussion between the Commission, Jennifer Madgic, and Roger Brownson
2:37:17 PM No action taken.
2:37:35 PM Chairman Murdock Public Hearing and Consideration/Decision on Suspending Big Sky Asphalt From Bidding on Gallatin County Contracts Until September 12, 2007
2:39:34 PM Road and Bridge Superintendent Lee Provance Presentation
2:54:50 PM Discussion between the Commission, Deputy County Attorney Greg Sullivan, Road and Bridge Engineer George Durkin, and Lee Provance
3:01:59 PM Attorney Joby Sabol Presentation on behalf of client Big Sky Asphalt and submitted letters from Daniels & Associates, Inc labeled Exhibit 1, Item 6, Sam Gianfrancisco labeled Exhibit 2, Item 6, and Dennis Simpson labeled Exhibit 3, Item 6
3:24:41 PM Stephanie Gandulla, representing Big Sky Asphalt Comments, submitted a letter from Big Sky Asphalt, Inc labeled Exhibit 4, Item 6
3:34:27 PM Joe Sebena, Part-owner, Big Sky Asphalt Comments
3:36:57 PM Discussion between the Commission, Lee Provance, Deputy County Attorney Greg Sullivan, Joby Sabol, and George Durkin
4:01:28 PM Commissioner Vincent I'll move that the County Commission given the testimony presented today specifically the lack of certification and the lack of appropriate safety measures taken by Big Sky Asphalt after any number of requests over the last couple of years to improve those safety provisions that Big Sky Asphalt be suspended from bidding on Gallatin County contracts until September 12, 2007.
4:02:04 PM Commissioner Skinner Second
4:02:07 PM Board discussion including Joby Sabol, Greg Sullivan, and Lee Provance
4:05:53 PM Motion passed 2:1. Commissioner Murdock opposed.
4:06:01 PM Chairman Murdock Public Hearing and Request/Decision for Agricultural Exemption for Warren
4:06:14 PM County Planner Warren Vaughan Staff report
4:09:17 PM Larry Progreba Applicant presentation
4:12:40 PM Mark Chandler, C&H Engineering and Surveying Comments
4:13:04 PM There was no public comment.
4:13:15 PM Discussion between the Commission, Deputy County Attorney Greg Sullivan, and Warren Vaughan
4:17:02 PM Commissioner Skinner Based on the testimony from Larry Progreba that this will be used exclusively for agriculture and finding that this does not appear to be an invasion of subdivision law, I would move to approve this agricultural exemption.
4:17:16 PM Commissioner Vincent Second
4:17:22 PM Board discussion including Greg Sullivan
4:19:22 PM Motion passed unanimously.
4:19:27 PM Chairman Murdock Public Hearing and Consideration/Decision for Final Approval for Expenditure of Open Space Bond Funds for the Purchase of Conservation Easement on the Anderson Ranch
4:19:40 PM Open Lands Coordinator Mike Harris Presentation
4:23:19 PM Alex Diekmann, Trust for Public Lands Comments
4:26:10 PM Discussion between the Commission, Alex Diekmann, and Mike Harris
4:27:40 PM Commissioner Skinner Finding that the request for funding from the Open Space Bond in the amount of $600,000 for the purchase of a conservation easement on property owned by M.M. Anderson and Norma Jean Anderson meets; The purposes of the Montana Open-Space Land and Voluntary Easement Act; and Fulfills the County appraisal requirements for the purchase of real property or conservation easements; and Complies with the County Growth Policy and the local planning authority of the area; and The mission of the Open Lands Board created by the County Commission; and the intent of the $10,000,000 Open Space Bond passed by the voters of Gallatin County; That it has been reviewed twice by the Open Lands Board and County Commission as required under the "Application Process for Open Space Preservation Funds"; We hereby authorize
the expenditure of Six Hundred Thousand dollars and no cents ($600,000) from the Open Space Bond Fund for the purchase of a conservation easement on property owned by M.M. Anderson and Norman Jean Anderson contingent on the conditions presented by staff (1. Applicants enter into a conservation easement sale and purchase agreement with Gallatin County and prepare the deed of easement. 2. The sale and purchase agreement show Gallatin County in a secondary position to the Montana Land Reliance, the participating land trust, in order to assure compliance with the strictures of Montana law and the Gallatin County Open Space Fund. 3. The satisfactory proof of value of the conservation easement in an amount of at least the mount of the funding requested. 4. Preparation execution of necessary and customary closing materials and documents. 5. The Deed of Conservation Easement is consistent with the current status of title to the land (i.e. Contract for Deed). 6. Final legal approval of the
office of the County Attorney at closing) with the addition of one final condition that it receive review from the County Fiscal Officer.
4:28:58 PM Commissioner Vincent Second
4:29:02 PM There was no public comment.
4:29:15 PM Board discussion
4:30:36 PM Motion passed unanimously.
4:30:42 PM Chairman Murdock Discussion and Conceptual Review Regarding the Kirsha 2 Major Subdivision
4:30:55 PM County Planner Randy Johnson Presentation
4:32:44 PM Discussion and Questions
4:34:49 PM Ron Laden Applicant presentation
4:36:27 PM Mark Chandler, C&H Engineering and Surveying Comments
4:36:44 PM Discussion between the Commission, Randy Johnson, Ron Laden, and Mark Chandler
4:45:10 PM Public comment Open Lands Board Coordinator Mike Harris and Environmental Health Director Tim Roark
4:47:37 PM Discussion between the Commission, Randy Johnson, Tim Roark, and Ron Laden
4:50:34 PM No action taken.
4:50:56 PM Chairman Murdock Public Hearing, Consideration and Decision to sign a Letter of Intent to Purchase the Martel Financial Center Building Located at 215 W. Mendenhall for $1.6 million
4:51:07 PM Finance Director Ed Blackman Presentation
4:52:25 PM Discussion and Questions
4:56:42 PM Deputy County Attorney Greg Sullivan Comments
4:58:23 PM There was no public comment.
4:58:35 PM Commissioner Skinner I'll move to sign the letter of intent.
4:58:41 PM Commissioner Vincent Second
4:58:45 PM Board discussion including Ed Blackman
4:59:27 PM Motion passed unanimously.
4:59:29 PM There were no Pending Resolutions.
4:59:34 PM Meeting adjourned.
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