Description Gallatin County Commissioners' Journal No. 50 September 18, 2007
Date 09/18/2007 Location County Commission
Time Speaker Note
9:01:32 AM Chairman Skinner Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner, Murdock, and White, Deputy County Attorney Kate Dinwiddie and Acting Clerk to the Board Mary Miller.
9:02:21 AM Chairman Skinner Agenda announcement: Regular agenda Item #1, Springhill Fire Service Area Board Appointment-continued and Regular agenda Item #5, Public Hearing and Consideration of a Resolution to Adopt a Zone Map Amendment in Gallatin County/Bozeman Area Zoning District for Norton Properties, LLC is continued until September 19, 2007
9:02:49 AM Chairman Skinner There was no public comment on any matters within the Commission's jurisdiction.
9:03:12 AM Acting Clerk to the Board Mary Miller. Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Meeting Minutes from August 21, 22, 28, 29 and September 4 & 5, 2007 3. Approval for Cancellation of Taxes for Parcel MMM1527 in the amount of $74.19 4. Decision on a Release of Letter of Credit for the Buck's T-4 Minor Subdivision 5. Decision on a Boundary Relocation Exempt from Subdivision Review Request for 7 Ranges Inc. Part I 6. Decision on a Boundary Relocation Exempt from Subdivision Review Request for 7 Ranges Inc. Part II 7. Decision on a Boundary Relocation Exempt from Subdivision Review Request for Linde/Portman 8. Decision on a Boundary Relocation Exempt from Subdivision Review Request for Worman 9. Decision on a Request for Final Plat Approval for Mike Dry Minor Subdivision-moved to the regular agenda
for further discussion
9:04:22 AM Chairman Skinner Requested consent agenda Item #9, Decision on a Request for Final Plat Approval for Mike Dry Minor Subdivision be moved to the regular agenda for further discussion.
9:04:34 AM There was no public comment.
9:04:45 AM Commissioner White I'd make a motion to approve the consent agenda that was read into record excluding #9, which we will put into the regular agenda.
9:04:52 AM Commissioner Murdock Second
9:04:55 AM Motion passed unanimously.
9:04:59 AM Chairman Skinner Decision on a Request for Final Plat Approval for Mike Dry Minor Subdivision
9:05:22 AM Manhattan Planner Ralph Johnson Staff report
9:06:36 AM Public comment Attorney Brian Gallik representing Penny Henesh and Tom Henesh
9:12:30 AM Terry Threlkeld, P. E. Innovation Engineering Rebuttal on behalf of the applicant Charles Michael Dry
9:17:08 AM Discussion and Questions
9:20:24 AM Terry Threlkeld, P. E. Innovation Engineering Submitted email dated August 7, 2007 from Road and Bridge Engineer George Durkin labeled Exhibit A, Item #1
9:22:09 AM Discussion between the Commission, Road and Bridge Engineer George Durkin, Ralph Johnson, and Deputy County Attorney Kate Dinwiddie
9:26:14 AM Attorney Jennifer Farr, Moore, O'Connell & Refling Comments
9:28:26 AM Discussion between the Commission and Kate Dinwiddie
9:28:59 AM Attorney Art Wittich Comments on behalf of the estate of Mike Dry
9:31:12 AM Manhattan Planner Ralph Johnson Submitted signed copy of Findings of Fact labeled Exhibit B, Item #1
9:31:15 AM Board discussion
9:32:19 AM Commissioner White I would make a motion for the approval of final plat.
9:32:24 AM Chairman Skinner Second
9:32:27 AM Board discussion including Tom Henesh, Kate Dinwiddie, George Durkin, and Terry Threlkeld
9:47:05 AM Motion passed 2:1. Opposed Commissioner Murdock.
9:47:35 AM Chairman Skinner Board Appointments:
9:47:46 AM Chairman Skinner Rae Fire Service Area
9:48:11 AM There was no public comment.
9:48:19 AM Commissioner White I'd make a motion to reappoint Mr. (David) Lucas to the one vacancy.
9:48:24 AM Commissioner Murdock Second
9:48:30 AM Motion passed unanimously.
9:48:38 AM Commissioner White Fort Ellis Fire Service Area
9:49:02 AM There was no public comment.
9:49:09 AM Commissioner Murdock Move to reappoint Katie Cady and Todd Kaiser.
9:49:15 AM Commissioner White Second
9:49:18 AM Board discussion
9:49:35 AM Motion passed unanimously.
9:49:40 AM Commissioner Murdock Gallatin County Planning Board
9:50:15 AM There was no public comment.
9:50:23 AM Commissioner White I'd make a motion to appoint Byron Anderson and Mike McKenna to the County Planning Board.
9:50:29 AM Commissioner Murdock Second
9:50:32 AM Board discussion, noting that Byron Anderson would replace Mary Jacobs and Mike McKenna would replace Mike Milmine
9:50:56 AM Motion passed unanimously.
9:51:00 AM Chairman Skinner Mental Health Local Advisory Council
9:51:24 AM There was no public comment.
9:51:29 AM Commissioner White I'd make a motion to reappoint Vicky DeBoer to the Mental Health Local Advisory Council.
9:51:36 AM Commissioner Murdock Second
9:51:40 AM Motion passed unanimously.
9:51:44 AM Chairman Skinner Receipt of Petition and Assignment of Viewing Committee to Abandon an Alley Located Between 1st and 2nd Streets in Rainbow Subdivision
9:51:56 AM Clerk and Recorder Charlotte Mills Presentation
9:52:43 AM There was no public comment.
9:52:48 AM Commission comments
9:53:40 AM Commissioner Murdock I move that we appoint Charlotte Mills and Steve White as the viewing committee to be assisted by staff as they choose.
9:53:49 AM Commissioner White Second
9:53:55 AM Motion passed unanimously.
9:53:56 AM Chairman Skinner Can we have a motion to accept the petition?
9:54:01 AM Commissioner White So moved.
9:54:03 AM Commissioner Murdock Second
9:54:06 AM Motion passed unanimously.
9:54:10 AM Chairman Skinner Public Hearing and Decision on a Resolution for (1) Protests Made Against the Levy of Taxes or any Matter Pertaining to the Taxes for Property Located Within the Four Corners County Water and Sewer District; (2) the Assessment of Taxes for Property Located Within the Four Corners County Water and Sewer District for Purposes of funding the District
9:54:35 AM Attorney Susan Swimley Presentation
9:59:10 AM Discussion and Questions
10:09:12 AM Ron Edwards Comments
10:14:26 AM Public comment Attorney Mike Lilly on behalf of Zoot Properties and Barbara Campbell on behalf of Utility Solutions
10:27:41 AM Attorney Susan Swimley Rebuttal
10:31:41 AM Discussion between Susan Swimley and Deputy County Attorney Kate Dinwiddie and the Commission
10:35:17 AM Deputy County Attorney Kate Dinwiddie Comments, Put this money in essence in escrow with the Treasurer's office and that being specifically the $90,000, $90 plus or minus thousand dollars that's at issue, comments, until an AG opinion comes down or some resolution by court.
10:36:55 AM Commissioner Murdock So moved.
10:37:00 AM Chairman Skinner So your motion would be to approve Resolution #2007-115 with the addition of putting $90,000 in a separate escrow account until we get the Attorney General's opinion.
10:37:18 AM Commissioner White Second
10:37:21 AM Board discussion including Kate Dinwiddie requesting 1 week to tailor the resolution to accurately reflect what occurred here today.
10:39:10 AM Motion passed unanimously.
10:39:16 AM Recess
10:47:04 AM Chairman Skinner Reconvene to meeting. Public Hearing and Approval of a Resolution to Include the Cities of Belgrade and Bozeman, Montana Into the Gallatin Solid Waste Management District
10:47:21 AM Grants Administrator Larry Watson Presentation, submitted Certificate of the County Clerk & Recorder relating to qualifications of the protestors
10:51:55 AM Discussion and Questions
10:52:30 AM Deputy County Attorney Christopher Gray Comments and Advice
10:54:53 AM Public comment Debbie Arkell Public Works Director, City of Bozeman
10:56:22 AM Board discussion including Christopher Gray
10:58:19 AM Commissioner Murdock I move that we adjourn this proceeding.
10:58:26 AM Commissioner White Second
10:58:31 AM Board discussion/Findings including Christopher Gray
10:59:40 AM Motion passed unanimously.
10:59:43 AM Discussion between the Commission and Christopher Gray
11:00:15 AM Chairman Skinner Public Hearing and Decision on a Request for Preliminary Plat Approval for the Great Bear Minor Subdivision
11:00:28 AM County Planner Christopher Scott Staff report
11:15:43 AM Discussion between the Commission, Christopher Scott, and Deputy County Attorney Kate Dinwiddie
11:17:45 AM Terry Threlkeld, P.E., Innovative Engineering Presentation on behalf of applicant River Landing, LLC
11:28:40 AM Discussion and Questions
11:29:16 AM Public comment Road and Bridge Superintendent Lee Provance
11:31:48 AM Terry Threlkeld, P.E., Innovative Engineering Rebuttal
11:32:37 AM Board discussion including Terry Threlkeld and Christopher Scott, It was suggested that condition #11 be modified to read as follows: "The crossing of Buttermilk Creek shall be built to Gallatin County Standards and certified by a licensed professional engineer. Prior to construction of the crossing over Buttermilk Creek all necessary local, state, and federal permits shall be obtained."
11:37:06 AM Commissioner Murdock Move to approve it with the conditions presented by staff and amended as entered into the record by Commissioners White and Skinner.
11:37:16 AM Commissioner White Second
11:37:22 AM Motion passed unanimously.
11:38:39 AM Chairman Skinner Public Hearing and Consideration of a Resolution Amending Resolution #2006-108, Modifying the Temporary Closure of Bear Canyon Road, Authorizing Notice to the United States Forest Service to Remove Encroachments to Bear Canyon Road, and Authorizing the Road Supervisor to Remove Encroachments to Bear Canyon Road
11:39:13 AM Deputy County Attorney Christopher Gray Presentation
11:44:55 AM Public comment Linda Ellison, Kerry White, Roy Metcalf, Renee Metcalf, Lisa Stefler, Acting Deputy Forest Supervisor for the Gallatin National Forest, and Road and Bridge Superintendent Lee Provance
11:55:52 AM Board discussion including Christopher Gray
12:04:13 PM Commissioner White I'd make a motion to, for the approval of Resolution #2007-116.
12:04:20 PM Commissioner Murdock Second
12:04:26 PM Motion passed unanimously.
12:04:36 PM Commissioner Murdock Correspondence from Attorney William Madden representing DePuy Enterprises, Inc, Carolyn Hopper, and Rory Erhard
12:05:37 PM Discussion between the Commission and Christopher Gray
12:05:46 PM There were no Pending Resolutions.
12:05:47 PM Meeting adjourned.
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