Description Gallatin County Commissioners' Journal No.50 November 18, 2008
Date 11/18/2008 Location County Commission
Time Speaker Note
9:04:31 AM Chairman Murdock Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner, Murdock, and White, Deputy County Attorney Jecyn Bremer (arrived at 9:42 AM) and Acting Clerk to the Board Melissa Rivnie.
9:05:24 AM Chairman Murdock Announcement: Reminder to the public that the meeting is being recorded, televised live by Bresnan Communications, and streamed over the internet.
9:05:31 AM Chairman Murdock There was public comment on matters within the Commission's jurisdiction: Rick Gale--Great American Smoke Out Announcement
9:08:26 AM Acting Clerk to the Board Melissa Rivnie Read the Consent Agenda as follows: 1. Approval of Claims; 2. Approval of Budget Transfer within the Finance Department from Administrative Fixed Costs and Salaries & Wages to Capital Reserves; and 3. Approval of Contracts: Lease/Purchase of Seven New Diesel Powered, Articulated Frame, All-Wheel Drive Motor Graders; Allegiance Administrative Services Agreement.
9:09:14 AM There was no public comment.
9:09:22 AM Commissioner White I'd make a motion to approve the consent agenda that was just read into record.
9:09:26 AM Commissioner Skinner Second
9:09:29 AM Motion passed unanimously.
9:09:33 AM Chairman Murdock Public Opening of Proposals Submitted for 911 Communications Project Dispatch Workstation Furniture
9:09:49 AM Grants Administrator Larry Watson Public Opening of Proposals from: Wright Line, Xybix Systems, Inc., Watson Furniture Group, Inc., and Viking Acoustical Corp. Bids will be taking under advisement and will return with recommendation.
9:10:49 AM Discussion and Questions
9:16:07 AM There was no public comment.
9:16:13 AM No Action Taken.
9:16:16 AM Chairman Murdock Public Opening of Proposals Submitted for 911 Communications Project 911 Customer Premises Equipment
9:16:26 AM Grants Administrator Larry Watson Public Opening of Proposals from: Qwest Communications and CenturyTel Plant CML. Bids will be taking under advisement and will return with recommendation.
9:18:12 AM Discussion and Questions
9:19:12 AM There was no public comment.
9:19:16 AM No Action Taken.
9:19:22 AM Chairman Murdock Public Hearing and Decision on a Resolution Calling for the Sale of $4,000,000 of Open Space Bonds on December 10th, 2008
9:19:44 AM Bridget Ekstrom, DA Davison Presentation
9:22:27 AM Discussion and Questions
9:30:53 AM There was no public comment.
9:32:05 AM Commissioner Skinner Move to approve Resolution #2008-140.
9:32:10 AM Commissioner White Second
9:32:14 AM Board Discussion
9:32:57 AM Motion passed unanimously.
9:33:24 AM Chairman Murdock Public Hearing and Decision on a Resolution of Road Name Change in Gallatin County Naming an Un-named Road off Jackson Creek Road to Laughing Horse Lane
9:33:49 AM GIS Coordinator Allen Armstrong Presentation, submitted map labeled Exhibit A, Item #4
9:34:50 AM There was no public comment.
9:34:59 AM Commissioner White I'd make a motion for the approval of Resolution #2008-141, which is to change the name of a unnamed road on Jackson Creek Road to Laughing Horse Lane.
9:35:10 AM Commissioner Skinner Second
9:35:13 AM Motion passed unanimously.
9:35:18 AM Chairman Murdock Public Hearing and Decision on a Resolution of Road Name Change in Gallatin County Naming an Un-named Road off Amsterdam Road to Robins Nest Lane
9:35:27 AM GIS Coordinator Allen Armstrong Presentation, submitted map labeled Exhibit A, Item #5
9:36:12 AM There was no public comment.
9:36:19 AM Commissioner Skinner Move to approve Resolution #2008-142, which is a resolution changing an un-named road off Amsterdam Road to Robins Nest Lane.
9:36:31 AM Commissioner White Second
9:36:36 AM Motion passed unanimously.
9:36:55 AM Chairman Murdock Public Hearing and Decision on Certification of Appraiser and Final Approval of a Grant from the Open Space Bond Fund for the Round Mountain Ranch Conservation Easement
9:37:14 AM Kelly Ramirez, Trust for Public Land PowerPoint Presentation
9:43:47 AM Discussion between the Commission, Kelly Ramirez, and Open Lands Coordinator Mike Harris
9:51:17 AM Public Comment Dan Griffing
9:56:16 AM Kelly Ramirez, Trust for Public Land Comments
9:58:29 AM Closed public comment.
9:58:34 AM Board Discussion
10:04:52 AM Commissioner Skinner I'll move to approve the decision on the certification of appraisal and the final approval for the grant from the Open Space Bond Fund for the Round Mountain Ranch Conservation Easement and I would include in that motion the suggested motion from the staff report, I'm not gonna read it all, but it's on page 2 of the memo, 11/18 memo from Mike Harris it has a suggested motion and I would include that motion. (Finding that the request for funding from the Open Space Bond in the amount of $800,000 for the purchase of a conservation easement on property owned by Round Mountain Ranch meets; 1. The purposes of the Montana Open-Space Land and Voluntary Easement Act; and 2. Fulfills the County appraisal requirements for the purchase of real property or conservation easements; and 3. 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; and 4. 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"; 5. We hereby authorize the expenditure of $800,000 from the Open Space Bond Fund for the purchase of a conservation easement on property owned by the Round Mountain Ranch contingent upon the following conditions: a. Applicants enter into a conservation easement sale and purchase agreement with Gallatin County and prepare the deed of easement. b. 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. c. The satisfactory proof of value of the conservation easement in an amount of at least the amount
of the funding requested. d. Preparation execution of necessary and customary closing materials and documents. e. The Deed of Conservation Easement is consistent with the current status of title to the land (i.e. Contract for Deed). f. Final legal approval of the office of the County Attorney at closing.)
10:05:44 AM Commissioner White Second
10:05:50 AM Motion passed unanimously.
10:05:57 AM Chairman Murdock Public Hearing and Decision on Certification of Appraiser and Final Approval of a Grant from the Open Space Bond Fund for the Visscher Conservation Easement
10:06:18 AM Kelly Pohl, Gallatin Valley Land Trust PowerPoint Presentation
10:12:33 AM Public Comment Dan Griffing
10:14:38 AM Kelly Pohl, Gallatin Valley Land Trust Comments
10:15:43 AM Discussion and Questions
10:16:28 AM Closed public comment.
10:16:33 AM Board Discussion
10:17:16 AM Commissioner Skinner I would like to enter the staff report, and especially the November 18th memo from Mike Harris into the record, and I would like to use the suggested motion on page 2 of that memo, which would be a motion to approve Open Space Bond money for the Visscher Family LLC. (Finding that the request for funding from the Open Space Bond in the amount of $100,000 for the purchase of a conservation easement on property owned by Visscher Family LLC meets; 1. The purposes of the Montana Open-Space Land and Voluntary Easement Act; and 2. Fulfills the County appraisal requirements for the purchase of real property or conservation easements; and 3. 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; and 4. 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"; 5. We hereby authorize the expenditure of $100,000 from the Open Space Bond Fund for the purchase of a conservation easement on property owned by the Round Mountain Ranch contingent upon the following conditions: a. Applicants enter into a conservation easement sale and purchase agreement with Gallatin County and prepare the deed of easement. b. 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. c. The satisfactory proof of value of the conservation easement in an amount of at least the amount of the funding requested. d. Preparation execution of necessary and customary closing materials and documents. e. The Deed of Conservation Easement is
consistent with the current status of title to the land (i.e. Contract for Deed). f. Final legal approval of the office of the County Attorney at closing.)
10:17:44 AM Commissioner White Second
10:17:47 AM Board Discussion
10:18:20 AM Motion passed unanimously.
10:18:28 AM Chairman Murdock Public Hearing and Decision on Certification of Appraiser and Final Approval of a Grant from the Open Space Bond Fund for the Leep Conservation Easement
10:18:43 AM Kelly Ramirez, Trust for Public Land PowerPoint Presentation
10:24:03 AM Kelly Pohl, Gallatin Valley Land Trust PowerPoint Presentation
10:28:36 AM There was no public comment.
10:28:53 AM Board Discussion
10:29:29 AM Commissioner Skinner I would enter the staff report into the record, especially the memo from Mike Harris dated November 18 and I would use the motion suggested in that memo on page 2 and make that my motion, which would approve the funding for this conservation easement. (Finding that the request for funding from the Open Space Bond in the amount of $400,000 for the purchase of a conservation easement on property owned by Leep Hay and Grain Partnership meets; 1. The purposes of the Montana Open-Space Land and Voluntary Easement Act; and 2. Fulfills the County appraisal requirements for the purchase of real property or conservation easements; and 3. 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; and 4. 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"; 5. We hereby authorize the expenditure of $400,000 from the Open Space Bond Fund for the purchase of a conservation easement on property owned by the Round Mountain Ranch contingent upon the following conditions: a. Applicants enter into a conservation easement sale and purchase agreement with Gallatin County and prepare the deed of easement. b. 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. c. The satisfactory proof of value of the conservation easement in an amount of at least the amount of the funding requested. d. Preparation execution of necessary and customary closing materials and documents. e. The Deed of Conservation Easement is
consistent with the current status of title to the land (i.e. Contract for Deed). f. Final legal approval of the office of the County Attorney at closing.)
10:29:54 AM Commissioner White Second
10:30:05 AM Motion passed unanimously.
10:30:32 AM Chairman Murdock Public Hearing and Decision on a Variance Request from Section 7(H) of the Gallatin County Subdivision Regulations and a Public Hearing and Decision Regarding Preliminary Plat Approval for the East Gallatin Preserve Minor Subdivision
10:30:49 AM Belgrade City-County Planner Heidi Jensen Staff Report
10:36:30 AM Mark Fasting, Allied Engineering Presentation on behalf of the applicant, Mark Kehke
10:41:56 AM Discussion between the Commission, Mark Fasting, and Heidi Jensen
10:49:19 AM There was no public comment.
10:49:31 AM Discussion between the Commission and Deputy County Attorney Jecyn Bremer
10:49:47 AM Recess
11:03:26 AM Reconvene to meeting.
11:03:34 AM Mark Fasting, Allied Engineering Rebuttal
11:04:16 AM Discussion between the Commission, Mark Fasting, and Heidi Jensen
11:13:44 AM Closed public comment.
11:13:48 AM Board Discussion
11:19:15 AM Chairman Murdock So I would move that we grant the variance.
11:19:18 AM Commissioner White Second
11:19:22 AM Board Discussion
11:20:25 AM Deputy County Attorney Jecyn Bremer Just to clarify, was that with the condition as proposed by Chairman Murdock? The condition being no further subdivision.
11:20:44 AM Chairman Murdock Well, it might already be there, but can we add it as a condition?
11:20:51 AM Commissioner White Well, the applicant has said he's okay with it, and so I will concur with the Chairman in this.
11:21:02 AM Board Discussion
11:22:09 AM Motion passed 2:1. Commissioner Skinner opposed.
11:22:32 AM Commissioner Skinner I would move to approve the East Gallatin Preserve Minor Subdivision at preliminary plat, with staff suggested conditions. I would add the condition of no further subdivision of the lots to be put on the final plat, in concordance with what was agreed to in the variance approval.
11:23:02 AM Commissioner White Second
11:23:05 AM Board Discussion including Heidi Jensen (remove conditions #10-#13)
11:24:08 AM Commissioner Skinner I would amend my motion if it's consistent with the second to make the changes that Heidi's put onto record.
11:24:17 AM Commissioner White Second
11:24:35 AM Board Discussion/Findings including Jecyn Bremer and Allied Engineering PLS John Pugh
11:30:09 AM Motion passed unanimously.
11:30:28 AM Chairman Murdock Public Hearing and Decision Regarding Office Closures the Day After Thanksgiving, November 28, 2008
11:31:20 AM Chairman Murdock Read the Resolution into record. List of offices closing includes: Commission, Finance, County Administrator, Human Resources, Compliance, Local Water Quality District, Planning, Road Department (administration only), Fairgrounds, Extension, Court Services, and Grants.
11:32:01 AM There was no public comment.
11:32:16 AM Commissioner White I would make a motion to approve Resolution #2008-143.
11:32:22 AM Commissioner Skinner Second
11:32:26 AM Motion passed unanimously.
11:32:36 AM Meeting Adjourned.
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