Description Gallatin County Commissioners' Journal No. 51 February 16, 2010
Date 02/16/2010 Location County Commission
Time Speaker Note
9:02:16 AM Chairman Skinner Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner and White, Deputy County Attorneys Jecyn Bremer and James Greenbaum, and Acting Clerk to the Board Melissa Rivnie. Commissioner Murdock was excused.
9:03:04 AM Chairman Skinner Announcement: Reminder to the public that the meeting is being recorded, televised live by Bresnan Communications, and streamed over the internet.
9:03:17 AM Chairman Skinner There was no public comment on any matters within the Commission's jurisdiction.
9:03:36 AM Acting Clerk to the Board Melissa Rivnie Read the consent agenda as follows: 1. Approval of Claims; 2. Approval of Meeting Minutes from January 26, February 2 & 4, 2010; 3. Approval for Commission to Sign Grant Application with Montana Board of Crime Control for Continued Funding for the Victim Witness Assistance Program for FY 2011; 4. Approval for Commission to Sign Grant Application with Montana Board of Crime Control for Continued Funding for the Freedom from Fear Program for FY 2011; and 5. Approval of Annual Cooperative Agreement between the Sheriff's Department and USDA Forest Service to Provide Law Enforcement and Enhance State and Local Cooperation ($10,000).
9:04:38 AM There was no public comment.
9:04:48 AM Commissioner White I'd make a motion to approve the consent agenda that was just read into record.
9:04:52 AM Chairman Skinner Second
9:04:54 AM Motion passed unanimously.
9:04:56 AM Chairman Skinner Presentation on Proposed Expansion of the Gallatin Local Water Quality District
9:05:35 AM Local Water Quality District Manager Alan English PowerPoint Presentation
9:29:20 AM Discussion and Questions
9:35:51 AM There was no public comment.
9:35:58 AM No Action Taken.
9:37:20 AM Chairman Skinner Public Hearing and Decision on a Resolution to Moving Polling Places
9:37:30 AM Clerk & Recorder Charlotte Mills Presentation
9:44:33 AM Discussion and Questions
9:47:36 AM Public Comment Matt McKennan and Dorothy Eck
10:03:09 AM Clerk & Recorder Charlotte Mills Rebuttal
10:06:19 AM Commissioner White Make a motion for the approval of Resolution #2010-018, which is a resolution to move polling places as listed in the resolution, as was also read into record by the Clerk & Recorder.
10:06:33 AM Chairman Skinner Second
10:06:35 AM Board Discussion
10:09:56 AM Motion passed unanimously.
10:10:00 AM Recess
10:17:52 AM Chairman Skinner Reconvene to meeting. Public Hearing and Decision of a Sale of Surplus Property no Longer Necessary to the Conduct of County Business per MCA 7-8-2211, at a Public Sale. Equipment is One "BEST UPS" Backup Battery System Formerly Used for 9-1-1 Activities
10:18:18 AM County Auditor Jennifer Blossom Presentation
10:19:51 AM Discussion and Questions
10:20:15 AM No Action Taken.
10:20:31 AM Chairman Skinner Public Hearing and Decision on a Request for a One Year Extension of the Preliminary Plat Approval for the Blackfoot Hills Major Subdivision
10:20:40 AM County Planner Randy Johnson Staff Report
10:22:16 AM There was no public comment.
10:22:22 AM Commissioner White I make a motion for, to grant a one-year extension of the preliminary plat approval for the Blackfoot Hills Major Subdivision.
10:22:30 AM Chairman Skinner Second
10:22:33 AM Motion passed unanimously.
10:22:37 AM Chairman Skinner Public Hearing and Decision on a Request for Preliminary Plat Approval for a Subdivision by Lease to Create a Telecommunications Tower Parcel for Nord-Stradley/Global Towers, LLC in the Bozeman Pass Zoning District
10:23:43 AM County Planner Ada Montague Staff Report; submitted letter from Lisa & Ralph Juliano labeled Exhibit A, Item #5
10:36:34 AM Discussion and Questions
10:36:57 AM Mike Lapp, Gaston Engineering Presentation on behalf of applicant, Global Towers Partners, LLC. Noted a change to variance #2 in staff report--30-foot right-of-way should be 40-foot.
10:39:36 AM Discussion between the Commission, Mike Lapp, Steve Crain, Global Towers, LLC, and Ada Montague
10:58:54 AM Public Comment Jim Guertin
11:02:51 AM Mike Lapp, Gaston Engineering Rebuttal on behalf of applicant, Global Towers Partners, LLC
11:03:33 AM Discussion between the Commission and Steve Crain
11:05:17 AM Board Discussion including Deputy County Attorney Jecyn Bremer
11:06:30 AM Commissioner White I'll make a motion for the granting of the variance, of all the variances that are listed in the staff report on page 8 & 9, which is small #1 through small #4.
11:06:47 AM Chairman Skinner Second
11:06:51 AM Board Discussion/Findings including Jecyn Bremer
11:10:25 AM Motion passed unanimously.
11:10:37 AM Commissioner White I would make a motion to approve the preliminary plat of for the creation of a lease parcel to accommodate the telecommunications facility. As part of my motion regarding the conditions the applicant gave testimony related to item #1, and I guess I don’t know if we need to modify the language of Condition #1, but I would put on record, if the chair agrees with this, that the written documentation is the letter that was used for the CUP, that’s what we discussed. Item #2, I actually agree with Condition #2, I agree with the applicant, that when you’re dealing with communications and frequencies and the FCC, there’s, I don’t know how we as a County could compete against the technicalities that the federal government has for controlling interference and I would concur with what
the applicant would suggest because I think that that’s probably widely used. Condition #4, which is the proof of insurance, I’m a bit unclear in whether or not to even have this condition or modify the condition if we’re dealing with a preliminary plat and we’re gonna go towards final plat, how we can verify after that, that we’d continually verify that they’ve got some sort of insurance. It seems like once we’ve granted final plat, final plat’s done and we have no, we can’t go back and take final plat away if they don’t have proof of insurance, so I’m just not sure how to deal with that. I don’t have a problem with the condition, I’m just asking about the mechanics of it. And the landscaping, which is condition #6, I was, I’m in agreement that if we would just simply change the language somehow just to say “native plants” and I think that that would be adequate.
11:13:17 AM Chairman Skinner So before I second that I think you're suggesting that the second half of Condition #2 be changed to the suggested Condition language that the applicant suggested, but the first half remain?
11:13:29 AM Commissioner White Yes.
11:13:30 AM Chairman Skinner And leaving Condition #4 the same at this point?
11:13:35 AM Commissioner White Yes, I guess so.
11:13:36 AM Chairman Skinner And then #6, to make the language consistent with the CUP language.
11:13:43 AM Commissioner White Yes, yes.
11:13:44 AM Chairman Skinner Second
11:13:55 AM Board Discussion/Findings including Steve Crain
11:18:10 AM Motion passed unanimously.
11:18:22 AM Chairman Skinner Public Hearing and Decision on a Request for Preliminary Plat Approval for the Hebgen Basin Fire District (Linde) Minor Subdivision in an Un-zoned Portion of the Hebgen Lake area
11:18:34 AM County Planner Ada Montague Staff Report; submitted e-mail from Pat Povah labeled Exhibit A, Item #6
11:23:45 AM Discussion between the Commission, Ada Montague, and Deputy County Attorney James Greenbaum
11:30:11 AM John Glover, Attorney Presentation on behalf of client, Linde Rental Properties, LLC
11:35:03 AM County Planner Ada Montague Comments
11:35:21 AM Terry Threlkeld, Innovative Engineering Presentation on behalf of applicants, Linde Rental Properties, LLC and Hebgen Basin Fire District
11:42:57 AM Discussion between the Commission, Terry Threlkeld, County Road Engineer George Durkin, and John Glover
11:50:56 AM Public Comment Fire Chief Scott Waldron, Hebgen Basin Fire District
11:51:52 AM John Glover, Attorney Comments on behalf of client, Linde Rental Properties, LLC
11:52:07 AM Board Discussion/Findings including County Planner Randy Johnson, John Glover, Scott Waldron, and Terry Threlkeld
11:58:24 AM Commissioner White I'd make a motion to grant preliminary plat approval for the Hebgen Basin Fire District Linde Rental Properties and with modification to the conditions; striking Condition #6 and modifying Condition #16 to, that the applicant was concerned about the specifics of the 20-foot wide irrigation ditch easement and I would like to modify that so that it states that the ditch maintenance easement would be 5 feet on the North side of the ditch and 15 feet on the South side of the ditch for a total of 20 feet.
11:59:11 AM Chairman Skinner Second
11:59:19 AM Board Discussion/Findings
12:01:03 PM Motion passed unanimously.
12:01:07 PM Meeting Adjourned.
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