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Gallatin County Commissioners' Journal April 19, 2005
Gallatin County Commissioners' Journal April 19, 2005

  
Time Speaker Note
9:07:08 AM Chairman Murdock Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Skinner and Vincent, Deputy County Attorney Dinwiddie and Acting Clerk to the Board Mary Miller. Agenda adjustment: Continue regular agenda Item #18, Consideration of Request for Final Plat Approval for Big Sky Town Center Subdivision and regular agenda Item #2, Board appointment for DUI Task Force and regular agenda Item #5, Public Hearing of a Resolution Amending the DUI Task Force By-Laws.
9:08:40 AM Chairman Murdock Public comment on any matters within the Commission's jurisdiction. Anson Crutcher and Howard Van Noy. Subjects discussed were the requested rescission of adoption of the changes to the Subdivision Regulations and that a problem with the County Commission recorded minutes spoke to at a prior hearing had been resolved.  
9:15:42 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Approval of County Commission Public Meeting Minutes for April 5th, and 6th, 2005 3. Approval of Applications for Cancellation of Taxes for Parcel Number(s): RGG12301, Totaling $2623.38 4. Request/Decision for Common Boundary Relocation Exemption for Kennedy 5. Request/Decision for Boundary Relocation Exemption Bridger Pines/Abelin 6. Request/Decision for Boundary Relocation Exemption for Bear Creek Hollow #1 7. Request/Decision for Boundary Relocation Exemption Bear Creek Hollow #2 8. Approval of Contract(s): Morrison-Maierle, Inc-Hebgen Lake TSEP Planning Grant Application Task Order
9:17:21 AM   There was no public comment.  
9:17:30 AM Commissioner Vincent I move that we adopt the consent agenda.  
9:17:33 AM Commissioner Skinner Second
9:17:35 AM   Motion passed unanimously.
9:17:40 AM Chairman Murdock Proclamation Declaring April National Alcohol Awareness Month
9:18:00 AM Shelley Johnson, Director, Alcohol and Drug Services of Gallatin County Read the proclamation
9:20:18 AM Becky Robideaux, Adolescent Resource Center, Division of Alcohol and Drug Services of Gallatin County Comments
9:21:47 AM Shaun Phoenix, private counselor and Project Coordinator for Gallatin Responsive Interventions Partnership (GRIP), Division of Alcohol and Drug Services of Gallatin County Comments
9:23:30 AM Jenna Caplette, Coordinator, DUI Task Force Comments
9:25:45 AM Daphney Collins, Coordinator, Communities that Cares, Division of Alcohol and Drug Services of Gallatin County Comments
9:27:16 AM Jeff Coe, Manager, Recovery House, Alcohol and Drug Services of Gallatin County Comments
9:29:00 AM Stacy Wesen, Coordinator, Gallatin County Safe Kids Safe Communities  Comments
9:30:23 AM   Commission comments
9:31:17 AM Commissioner Vincent I'm gonna move that we adopt the proclamation that Shelley read declaring April National Alcohol Awareness Month.
9:31:31 AM Commissioner Skinner Second
9:31:34 AM   Board discussion
9:34:45 AM   Motion passed unanimously.
9:34:55 AM Chairman Murdock Board Appointments
9:35:00 AM Commissioner Vincent Springhill Fire Service Area Board of Trustees
9:35:48 AM   There was no public comment.
9:35:57 AM Commissioner Skinner I would move to appoint Jami Rebson and Steven Cochran to the Springhill Fire Service Area Board of Trustees.
9:36:06 AM Commissioner Vincent Second
9:36:11 AM   Motion passed unanimously.
9:36:20 AM Commissioner Skinner Gallatin County Airport Board (Progreba Field)
9:36:42 AM   There was no public comment.
9:36:47 AM Commissioner Vincent I move that Mr. Phil Olson be re-appointed to the Gallatin County Airport Board Progreba Field.
9:36:55 AM Commissioner Skinner Second
9:37:00 AM   Board discussion
9:37:05 AM   Motion passed unanimously.
9:37:08 AM Chairman Murdock Continuation of Consideration of a Resolution Amending the By-Laws for the Search and Rescue Board
9:37:26 AM Deputy County Attorney Kate Dinwiddie Presentation
9:37:40 AM   Discussion and Questions
9:38:11 AM   There was no public comment.
9:38:25 AM Commissioner Skinner I would move to adopt Resolution #2005-046, which is a resolution amending the By-Laws for Search and Rescue Board.
9:38:47 AM Commissioner Vincent Second
9:38:52 AM   Motion passed unanimously.
9:39:02 AM Chairman Murdock Public Hearing and Request/Decision for Family Transfer Exemption for Visser
9:39:22 AM County Planner Warren Vaughan Staff report
9:40:42 AM Tony M. Visser Sworn in by Deputy County Attorney Kate Dinwiddie and testified under oath.
9:44:15 AM   Commission comments
9:44:31 AM   There was no public comment.
9:44:49 AM Commissioner Vincent I move that we grant the application for the Visser family transfer request, finding that it meets the requirements of the Montana Subdivision and Platting Act and is not an attempt to evade the provisions of that act.
9:45:09 AM Commissioner Skinner Second
9:45:12 AM   Board discussion
9:45:32 AM   Motion passed unanimously.
9:45:49 AM Chairman Murdock Determination of General Liability Insurance Policy Limits for Prugh & Lenon Architects, Architectural Design of the New Detention Center Task Order
9:46:07 AM Randy Kuyath, CAO Presentation
9:47:25 AM Dick Prugh, Prugh and Lennon Architects Comments
9:48:02 AM   There was no public comment.
9:48:11 AM Randy Kuyath, CAO Comments
9:48:49 AM Commissioner Skinner I'll move to approve a 1 million dollar general liability insurance policy limit for Prugh and Lenon Architects for specifically the architectural design of the new Detention Center task order.  
9:49:06 AM Commissioner Vincent Second
9:49:08 AM   Board discussion
9:49:37 AM   Motion passed unanimously.  
9:49:42 AM Chairman Murdock Approval of Prugh & Lenon Task Order for Architectural Design of the New Detention Center
9:49:50 AM Randy Kuyath, CAO Presentation
9:49:58 AM   There was no public comment.
9:50:18 AM Commissioner Skinner I'll move to approve the Prugh and Lennon task order for architectural design of the new Detention Center.
9:50:25 AM Commissioner Vincent Second
9:50:27 AM   Board discussion
9:50:38 AM Dick Prugh, Prugh & Lennon Architects Comments
9:51:47 AM   Motion passed unanimously.
9:51:55 AM Chairman Murdock Delinquent Cancellation of Personal Property Mobile Home Taxes over Five Years and Older
9:52:05 AM County Treasurer Kim Buchanan Presentation
9:53:01 AM   Discussion between the Commission and Kim Buchanan
9:54:29 AM   There was no public comment.
9:54:41 AM Commissioner Vincent I move that we accept the recommendation of the County Treasurer Kim Buchanan in regard to the cancellation of delinquent personal property taxes for mobile home taxes over the five year period and older.  
9:55:00 AM Commissioner Skinner Second
9:55:08 AM   Motion passed unanimously.
9:55:17 AM Chairman Murdock Public Hearing and Consideration of Resolution to Amend the Gallatin County Commission FY 05 Operating Budget to Include Unanticipated Revenues in the Amount of $140,648.00 Staff unavailable. Continued and moved further down the agenda.  
9:56:05 AM Chairman Murdock Public Hearing and Consideration of a Resolution of Intent to Amend the Women Infant and Children FY 2005 Operating Budget to Include New Revenues in the Amount of $19,741 to Cover Expenses for Salary and Operating Expenses and Maternal Child Health Capital Reserve Transfer of $18,000 to Capital Outlay  
9:56:30 AM Stephanie Nelson, Health Officer, Gallatin City-County Health Department Presentation
9:58:02 AM   Discussion between the Commission and Stephanie Nelson
9:58:53 AM   There was no public comment.
9:59:04 AM Commissioner Vincent I move that we adopt Resolution #2005-047, a resolution of intent to amend the Women Infant and Children FY 2005 Operating Budget.  
9:59:17 AM Commissioner Skinner Second
9:59:22 AM   Motion passed unanimously.
9:59:30 AM Chairman Murdock Public Hearing and Consideration of a Resolution of Intent to Amend the Gallatin County FY 2005 Budget By Appropriating $77,498 Plus Another Grant of $10,000 in Revenues Received From the Dept. of Homeland Security, Office of Domestic Preparedness Program to the Disaster and Emergency Services War Supplemental Fund
10:00:06 AM Jason Shrauger, DES Coordinator Presentation
10:01:36 AM   There was no public comment.
10:01:46 AM Commissioner Skinner I'll move to adopt Resolution #2005-048, which is a resolution of intent to amend the Gallatin County 2005 budget for DES.
10:02:05 AM Commissioner Vincent Second
10:02:10 AM   Motion passed unanimously.
10:02:14 AM Chairman Murdock Public Hearing and Consideration of a Resolution to Amend the Road Department FY 2005 Budget to Change Capital Outlay Items Listing Staff unavailable. Continued and moved further down the agenda.  
10:02:58 AM Chairman Murdock Receipt and Opening of Bids for 2005 Guardrail Installation
10:03:23 AM County Road and Bridge Engineer George Durkin on behalf of County Road and Bridge Superintendent Lee Provance Bid received from the following: OMO Construction-Billings, $54,818.75. Bid was taken under advisement and will return April 26, 2005 with a recommendation.  
10:05:31 AM Chairman Murdock Public Hearing and Consideration of Resolution to Amend the Gallatin County Commission FY 05 Operating Budget to Include Unanticipated Revenues in the Amount of $140,648.00
10:05:50 AM Fiscal Accounting Assistant Linda Leening, on behalf of Fiscal Officer Ed Blackman Presentation
10:06:41 AM Commissioner Vincent I move we adopt Resolution #2005-049, a resolution to amend the Gallatin County Commission FY 05 Operating Budget to include unanticipated revenues in the amount of $140,648.00.
10:06:57 AM Commissioner Skinner Second
10:07:03 AM   Motion passed unanimously.
10:07:05 AM Chairman Murdock Public Hearing and Consideration of a Resolution to Amend the Road Department FY 2005 Budget to Change Capital Outlay Items Listing
10:07:18 AM Fiscal Accounting Assistant Linda Leening, on behalf of Fiscal Officer Ed Blackman Presentation
10:07:56 AM   There was no public comment.
10:08:03 AM Commissioner Vincent I move we adopt Resolution #2005-050, a resolution to amend the Road Department FY 2005 Budget to change a Capital Outlay Item.  
10:08:17 AM Commissioner Skinner Second
10:08:23 AM   Motion passed unanimously.
10:08:26 AM Chairman Murdock Public Hearing and Consideration of a Resolution to Amend the CDBG Grants Administration Operating Budget to Include Unanticipated Revenues in the Amount of $35,700 From Montana Department of Commerce and Youth Dynamics for the Shelter Care Planning Grant
10:09:06 AM Fiscal Accounting Assistant Linda Leening, on behalf of Grants Administrator Larry Watson Presentation
10:09:46 AM   There was no public comment.
10:09:53 AM Commissioner Vincent I move that we adopt Resolution #2005-051, a resolution to amend the CDBG Grants Administration Operating Budget to include unanticipated revenues of $35,700 from Montana Department of Commerce and Youth Dynamics for the Shelter Care Planning Grant.
10:10:14 AM Commissioner Skinner Second
10:10:20 AM   Motion passed unanimously.
10:10:23 AM   Recess
10:18:54 AM Chairman Murdock Reconvene to Meeting. Public Hearing and Consideration of Request for Preliminary Plat Approval for the Holland Minor Subdivision
10:19:31 AM County Planner Christopher Scott Staff report
10:26:15 AM   Discussion between the Commission and Christopher Scott
10:27:21 AM   Applicant representative unavailable. (Terry Threlkeld)
10:27:52 AM Deputy County Attorney Kate Dinwiddie Advice  
10:28:17 AM   Discussion  
10:28:55 AM Deputy County Attorney Kate Dinwiddie Advice
10:29:05 AM Public comment Chet Zaiko and Jim Robbins
10:33:50 AM County Planner Christopher Scott Comments  
10:34:16 AM Chairman Murdock Continued and moved to the end of the agenda.  
10:35:14 AM Chairman Murdock Public Hearing and Consideration of Request for Preliminary Plat Approval for the Mike Dry 3 Minor Subdivision
10:35:29 AM   Staff and applicant unavailable. (Ralph Johnson, Manhattan Planner)
10:36:00 AM Chairman Murdock Continued and moved to the end of the agenda.  
10:36:38 AM Chairman Murdock Public Hearing and Consideration of Final Plat Approval for Wood Subdivision
10:36:49 AM County Planner Christopher Scott, on behalf of County Planner Sean O'Callaghan Staff report
10:37:31 AM   Discussion between the Commission and Christopher Scott
10:37:52 AM   There was no public comment.
10:38:02 AM Commissioner Vincent Finding that all the conditions for final plat approval have been met, I move that we grant the request for final plat approval for the Wood Minor Subdivision.
10:38:15 AM Commissioner Skinner Second
10:38:22 AM   Motion passed unanimously.
10:38:32 AM Chairman Murdock Public Hearing and Consideration of a Resolution of Intention of the Gallatin County Commission to Amend the Hebgen Lake Zoning Regulation
10:38:50 AM County Planner Christopher Scott Presentation
10:40:09 AM   Discussion and Questions
10:40:52 AM   There was no public comment.
10:41:02 AM Commissioner Skinner I'll move to adopt Resolution of Intention #2005-052, which is a resolution of intent of the Gallatin Commission to amend the Hebgen Lake Zoning Regulation.
10:41:17 AM Commissioner Vincent Second
10:41:44 AM   Motion passed unanimously.
10:41:57 AM Chairman Murdock Public Hearing and Consideration of a Preliminary Plat Approval for the Cobblestone Subdivision
10:42:47 AM Belgrade City-County Planner Jason Karp Staff report, submitted letter from Nathan Shoop labeled Exhibit A, Item 20.
11:07:16 AM   Discussion and Questions
11:11:53 AM Jason Leep, Project Manager, PC Development Requested recess to prepare display.
11:18:38 AM   Reconvene to meeting. PowerPoint Presentation
11:30:54 AM Dave Crawford, P.E., TD&H Engineering Presentation on behalf of applicant PC Development, submitted memo from DEQ labeled Exhibit B, Item 20 and Gallatin City-County Health Department Approval labeled Exhibit C, Item 20
11:48:52 AM   Discussion and Questions
11:50:52 AM Jim Pierce, TD&H Engineering  Presentation on behalf of applicant PC Development
11:57:44 AM   Discussion and Questions
11:58:43 AM Dave Crawford, P.E., TD&H Engineering Comments
11:59:44 AM Jason Leep, Project Manager, PC Development Comments
12:01:46 PM   Discussion and Questions
12:02:44 PM Joby Sabol, Attorney Presentation on behalf of client PC Development
12:04:58 PM Public comment ReNae Grantier, submitted email from Tasha Gibby, USDA NRCS labeled Exhibit D, Item 20, and letter from PC Development labeled Exhibit E, Item 20, Cynthia McClure letter was read by Ms. Grantier and labeled Exhibit F, Item 20, Terry Bates, Susan Duncan, Bill Payton, Tony Kolnik, Cy Minert, Peg Potter, Dan Jones, Bryan Connelley, Assistant Fire Chief, Belgrade Rural Fire, and County Road and Bridge Engineer George Durkin
1:02:01 PM Deputy County Attorney Kate Dinwiddie Advice and discussion with George Durkin
1:04:52 PM Jason Leep, Project Manager, PC Development Rebuttal
1:09:15 PM   Discussion and Questions
1:10:58 PM   Closed public comment.
1:11:19 PM   Recess
1:22:45 PM   Reconvene to meeting. Board discussion
1:37:59 PM   Discussion between the Commission, Attorney Joby Sabol, and Dave Crawford
1:55:34 PM Mike Potter, Developer, PC Development Comments
2:01:33 PM Deputy County Attorney Kate Dinwiddie Advice
2:03:47 PM   Board discussion
2:07:56 PM   Discussion and Questions
2:08:52 PM   Commission in agreement to continuance, no date set.
2:09:16 PM   Commission questions and comments
2:10:20 PM   Recess
2:28:44 PM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration of Request for Preliminary Plat Approval for the Holland Minor Subdivision
2:29:48 PM County Planner Christopher Scott Staff report, (10:19:31)
2:31:41 PM Terry Threlkeld, Innovative Engineering Presentation on behalf of applicant Dixie Gene Holland
2:39:19 PM   Discussion and Questions
2:41:03 PM   There was no further public comment. (Chet Zaiko and Jim Robbins 10:29:07)
2:41:40 PM   Discussion between the Commission and Road and Bridge Department Engineer George Durkin
2:45:32 PM Commissioner Skinner Finding that the Holland Minor Subdivision complies with the goals and policies of the Gallatin County Growth Policy and that it meets the requirements of Section 76-3-608 of the Montana Subdivision and Platting Act, it is found to have minimal effects on nearby agricultural operations, agricultural water users facilities have been mitigated with a condition to abandon the irrigation ditch if possible, effect on local services has been mitigated and does not appear to be subject to potential natural hazards such as snow, rock slides, wildfire, excessive slopes and its not identified as critical wildlife habitat and that fire and emergency services have been addressed and finding that that the application complies with the provisions of the Gallatin County Subdivision Regulations, I would move to approve the Holland Minor Sub with suggested conditions from staff, deleting condition #13, deleting condition #31, and deleting condition #32.
2:47:32 PM   Board discussion
2:47:57 PM Commissioner Vincent Second
2:48:01 PM   Board discussion including Terry Threlkeld and Chet Zaiko
2:51:34 PM   Motion passed unanimously.
2:51:37 PM Chairman Murdock Public Hearing and Consideration of Request for Preliminary Plat for the Mike Dry 3 Minor Subdivision Staff Ralph Johnson, Manhattan Planner unavailable.
2:52:09 PM Clint Litle, Project Manager, HKM Engineering Presentation on behalf of applicant Charles Michael Dry, submitting copies of the plat labeled Exhibit A, Item 16.
3:01:59 PM Brian Sindelar, Resource Management Consultant, Range Hands Presentation on behalf of applicant Charles Michael Dry
3:08:23 PM Lynn Bacon, Wetland Scientist, Land & Water Consulting PBS&J Presentation on behalf of applicant Charles Michael Dry
3:10:09 PM   Discussion between the Commission and Lynn Bacon
3:14:05 PM Clint Litle, Project Manager, HKM Engineering Comments
3:17:24 PM County Road and Bridge Department Engineer George Durkin Comments
3:20:37 PM Public comment Attorney Trent Gardner, Goetz, Gallik & Baldwin on behalf of Tom and Penny Henesh, submitted letter labeled Exhibit B, Item 16.
3:29:13 PM Clint Litle, Project Manager, HKM Engineering Rebuttal
3:32:00 PM Lynn Bacon, Wetland Scientist, Land & Water Consulting PBS&J Comments
3:35:43 PM   Board discussion
3:38:10 PM   Recess
3:44:32 PM   Reconvene to meeting. Discussion between the Commission and Clint Litle
3:47:00 PM Commissioner Skinner Finding that the Dry Minor Subdivision is in compliance with the survey requirements of the Montana Subdivision and Platting Act that there is no adverse effects on agriculture, no adverse effects on agricultural water user facilities that the local services adverse affect has been mitigated with the conditions and proposed conditions and the natural environment. There's no significant adverse effects to that. There's no significant adverse effects to wildlife and public health and safety has been mitigated and finding that the subdivision complies with the Gallatin County Subdivision Regulations, I would move to approve the subdivision with the conditions suggested by staff plus the condition 5(g) Requiring slab on grade constructions on lots 2 and 3, a condition requiring the proper permits from Army Corp and other permits be obtained before final plat approval to mitigate the adverse effects to wetlands, and a condition incorporating all Road and Bridge Department conditions that are not already in the staff report except for the paragraph requiring paving to the deleted and a new paragraph written to say something in the effect that Burnt Road from Central Park Road to the east end of the subdivision be brought up to county gravel standards.
3:49:04 PM Commissioner Vincent Second
3:49:08 PM   Board discussion
3:53:52 PM Clint Litle, Project Manager, HKM Engineering Comments
3:54:07 PM   Board discussion
3:55:19 PM   Motion passed 2:1. Chairman Murdock opposed.
3:55:29 PM Chairman Murdock Pending resolution Gallatin County Historic Preservation Board Amended By-Laws
3:55:45 PM Deputy County Attorney Kate Dinwiddie Presentation
3:56:03 PM Commissioner Skinner I'll move to adopt Resolution #2005-053, resolution of the Gallatin County Historic Preservation Board Amended By-Laws.
3:56:15 PM Commissioner Vincent Second
3:56:19 PM   Motion passed unanimously.
3:56:21 PM   Meeting adjourned.