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Gallatin County Commission Meeting Minutes May 12, 2009
Description Gallatin County Commissioner's Journal No. 51 May 12, 2009
Date 05/12/2009 Location County Commission
  
Time Speaker Note
9:05:37 AM Chairman White Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner, Murdock, and White, Deputy County Attorneys Chris Gray and Jecyn Bremer and Acting Clerk to the Board Mary Miller.
9:06:26 AM Chairman White Announcement: Reminder to the public that the meeting is being recorded, televised live by Bresnan Communications, and streamed over the internet.  
9:06:56 AM Chairman White There was public comment on matters within the Commissions jurisdiction. Terrence Young, CEO & President of Restore America's Health, Inc. spoke regarding a water purification system that he proposed to implement in Gallatin County. Submitted letter labeled Exhibit A, Public comment.
9:11:25 AM Chairman White Agenda announcement: Noting error on Regular agenda, moving Item #8 up to Item #5  
9:12:00 AM Acting Clerk to the Board Mary Miller Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Meeting Minutes from April 21, 28 & 29, 2009 3. Approval of Budget Transfer within the Weed District Budget from Contracted Services to Capital Outlay ($4,000) 4. Modification of Interlocal Agreement: Interlocal Emergency 911 Dispatch Agreement between Gallatin County and Town of West Yellowstone 5. Approval of Grant Application to the Federal Transit Administration Public Transportation Participation Pilot Program for Improve Rural Alternatives through Parks and Trails 6. Approval of Grant Application to US Department of Justice JAG funds for $44,715 for Purchase of Equipment for the Sheriff's Department-moved to Regular agenda for further discussion 7. Approval of Contract: Cooperative Noxious Weed Management Project Grant Received in the Amount of $21,348 to Assist Private Landowners in Managing the Spread of Noxious Weeds through Education, Site Specific Management Plans and Cost Share and Northwest Concrete to Remove and Replace Exterior Concrete Steps at the Courthouse (East and South) in the Amount of $15,000-continued
9:13:27 AM Public comment Grants Administrator Larry Watson requested consent agenda Item #6 be moved to the regular agenda for further discussion
9:14:02 AM Commissioner Skinner Move to approve the consent as amended which would be to take agenda Item #6 and move it to the regular agenda and pulling the Northwest Concrete contract.
9:14:14 AM Commissioner Murdock Second
9:14:20 AM   Motion passed unanimously.
9:14:26 AM Chairman White Approval of Grant Application to US Department of Justice JAG funds for $44,715 for Purchase of Equipment for the Sheriff's Department
9:14:35 AM Grants Administrator Larry Watson Presentation, noting a public meeting will be held in the Commission office May 15 for decision and action on the authorization to submit this grant application.
9:15:11 AM   Discussion and Questions
9:15:57 AM Public comment Undersheriff Jim Oberhofer
9:17:31 AM   No action taken.
9:17:38 AM Chairman White Bid Opening for Janitorial Services for County Facilities
9:17:54 AM Procurement Nick Borzak Opened the bids as follows for monthly rates: Montana Building Maintenance- Courthouse $3,605.00, Annex $1,827.50, Guenther Building $2,235.15, L&J $6,482.82, District Court #3 $580.95; Dust Bunnies- Courthouse $4,232.00, Annex $1,840.00, Guenther Building $1,587.00, L&J $6,348.00, District Court #3 $782.00; and Kleen King- Courthouse $4,704.00, Annex $1,764.00, Guenther Building $1,176.00, L&J $6,720.00, District Court #3 $588.00. Bids will be taken under advisement and a recommendation will be announced May 19, 2009.
9:21:53 AM   There was no public comment.
9:21:58 AM   No action taken.
9:22:03 AM Chairman White Public Hearing and Decision Regarding a Family Transfer Exemption from Subdivision Review for Mazuranich
9:22:15 AM Belgrade City-County Planner Heidi Jensen Requested a continuance until May 26, 2009.
9:22:43 AM   There was no pubic comment.
9:22:49 AM   No action taken.
9:22:50 AM Chairman White Public Hearing and Decision on a Family Transfer Exemption from Subdivision Review for Lerner
9:22:59 AM County Planner Ada Montague Staff report
9:26:28 AM Terry Threlkeld, Innovative Engineering Presentation on behalf of applicants Renne and Brian Lerner
9:29:32 AM Renne and Brian Lerner Sworn in by Deputy County Attorney Jecyn Bremer and testified under oath.
9:32:11 AM   There was no public comment.
9:32:21 AM   Board discussion/Findings
9:33:22 AM Commissioner Murdock I move that we approve the Lerner family transfer.
9:33:24 AM Commissioner Skinner Second
9:33:34 AM   Motion passed unanimously.
9:33:42 AM Chairman White Public Hearing and Decision on a Family Transfer Exemption from Subdivision Review for Latimer
9:33:57 AM County Planner Tom Rogers Requested a continuance until May 26, 2009.
9:34:23 AM   There was no public comment.
9:34:27 AM   No action taken.
9:34:36 AM Chairman White Public Hearing and Decision on a Resolution of Intent to Create RID 395 - Proposed Ousel Falls and South Fork Roads and Highway 64 Intersection Improvements - Big Sky (Continued from 4/14/09)
9:35:27 AM Jack Schunke, Morrison & Maierle Presentation
9:53:14 AM   Discussion and Questions
9:57:51 AM Public comment Attorney Susan Swimley on behalf of Spanish Peaks North, Attorney Tara DePuy on behalf of Ousel Falls, Gallatin Highlands, Firelight, Moondance and South Fork, Tim Cyr, representing Ousel Falls and Gallatin Highlands, and Paul Cronin representing South Fork
10:21:51 AM   Board discussion including Jack Schunke, Bond Counsel Attorney Bob Murdo, and Deputy County Attorney Chris Gray. Bob Murdo suggested the following language for Section 10, "All subsequently approved parcels in the district will be benefited for maintenance portion of the districts and it is the intent of the Commission to add these to the maintenance district."
10:41:47 AM Commissioner Skinner I am going to move to approve Resolution of Intent, is this a resolution of intent or a resolution? Resolution of Intent #2009-RID-09-395A with the amended language in Section 10 that bond counsel Mr. Murdo suggested in his testimony.
10:42:14 AM Commissioner Murdock Second
10:42:17 AM   Board discussion/Findings including Deputy County Attorney Chris Gray and Bob Murdo  
10:46:50 AM   Motion passed unanimously.
10:46:55 AM Commissioner White Recess
10:59:07 AM Chairman White Reconvene to meeting. Public Hearing and Consideration of a Request by the Trust for Public Land for the Revocation of Agriculture Use Covenant and Claim of Eminent Domain Exemption
10:59:30 AM County Planner Randy Johnson Staff report
11:02:42 AM   Discussion between the Commission, Randy Johnson and Deputy County Attorney Jecyn Bremer
11:04:28 AM Jonathan Roen, Roen Inc. Presentation on behalf of applicant Trust for Public Land
11:07:32 AM   Discussion between the Commission, Jecyn Bremer, and Jonathan Roen
11:16:08 AM   There was no public comment.
11:16:16 AM Commissioner Murdock I move that we approve the request by The Trust for Public Land for the revocation of the agricultural use covenant and claim of eminent domain.
11:16:26 AM Commissioner Skinner Second
11:16:29 AM   Board discussion/Findings
11:19:09 AM   Motion passed 2:1. Commissioner Skinner opposed.
11:19:17 AM Chairman White Public Hearing and Decision on a Request for Preliminary Plat Approval for the Phillips First Minor Subdivision
11:19:39 AM County Planner Ada Montague Staff report, submitted Article XVI Four Corners Zoning Regulation labeled Exhibit A, Item #7. Noted a correction to staff report, page 3, #6 Weeds- correct reference (Conditions No. D.14 & F.15.b)
11:26:16 AM   Discussion and Questions
11:28:37 AM Shannon Marinko, Skyline Surveying Presentation on behalf of applicants John and Dolores Phillips
11:29:21 AM   Discussion between the Commission, Shannon Marinko, Deputy County Attorney Jecyn Bremer and County Planner Randy Johnson
11:32:26 AM Public comment Mike Pearson and Brian Cox, President of Cimarron HOA
11:34:45 AM Shannon Marinko, Skyline Surveying Rebuttal
11:35:02 AM   Closed public comment.
11:35:08 AM   Board discussion including Ada Montague
11:35:44 AM Commissioner Murdock I would move that we approve this subdivision with the conditions as amended that we've discussed.
11:35:52 AM Commissioner Skinner Second
11:35:59 AM   Board discussion/Findings
11:37:36 AM   Motion passed unanimously.
11:37:42 AM Chairman White Public Hearing and Decision on a Request for Preliminary Plat Approval for the Amended Plat of 8A, Amended Plat of Lot A and B of Hyalite Foothills No. 2 Subdivision
11:38:01 AM County Planner Tom Rogers Staff report
11:41:32 AM Lori Hart Applicant presentation
11:42:15 AM County Planner Tom Rogers Comments
11:42:47 AM   Discussion and Questions
11:43:15 AM   There was no public comment.
11:43:24 AM   Board discussion/Findings including Tom Rogers
11:44:27 AM Commissioner Murdock I would move that we approve this subdivision with the conditions.
11:44:31 AM Commissioner Skinner Second
11:44:35 AM   Board discussion/Findings
11:46:05 AM   Motion passed unanimously.
11:46:14 AM Chairman White Public Hearing and Decision on a Resolution of Intent to Amend the Gallatin County Growth Policy Pursuant to the Requirement to Review, and if Necessary, Update the Growth Policy at Least Once Every Five Years
11:46:55 AM County Planner Sean O'Callaghan Staff report, submitted recommendations of the Planning Board labeled Exhibit A, Item #9.The following modifications to be made on the resolution were: add to page 2 (Second bullet) The Gooch Hill West (Neighborhood Plan) and page 4 (Paragraph 1.b There (have) not been any privately initiated amendments to the Growth Policy since its adoption except for the creation of the Gooch Hill West Neighborhood Plan which was initiated at the request of (over 30 landowners...)
11:53:22 AM   Discussion and Questions
11:59:22 AM Public comment Dale Beland, submitted copy of email labeled Exhibit B, Item #9
12:01:52 PM Commissioner Skinner I move to approve Resolution #2009-062, with the amendments suggested by Dale Beland in his, in this May 5th memo that he gave to the Planning office which would change paragraph 2 and a small change on paragraph 4.
12:02:13 PM   Discussion between the Commission and Deputy County Attorney Jecyn Bremer
12:02:35 PM Commissioner Murdock Second
12:02:43 PM   Motion passed unanimously.
12:02:48 PM Chairman White Board Appointments-Rae Fire Service Area
12:03:19 PM   There was no public comment.
12:03:25 PM Commissioner Murdock Move to approve the reappointment of Jess Armitage and Tom Kingma.  
12:03:31 PM Commissioner Skinner Second
12:03:34 PM   Motion passed unanimously.
12:03:41 PM Commissioner Skinner Fort Ellis Fire Service Area  
12:04:02 PM   No action taken.
12:04:12 PM Commissioner Murdock Salary Compensation Committee
12:04:34 PM   There was no public comment.
12:04:40 PM Commissioner Skinner Move to appoint Erik Yager to the Salary Compensation Committee.
12:04:43 PM Commissioner Murdock Second
12:04:45 PM   Motion passed unanimously.
12:04:53 PM   Meeting adjourned.