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Gallatin County Commission Meeting Minutes Summary November 10, 2015


Description
Gallatin County Commission Meeting Minutes Summary Journal No. 52 November 10, 2015

Date
11/10/2015
Location
County Commission
  

Time

Speaker

Note

8:37:07 AM   These log notes provide only a part of the official record. The remainder of the official record is in the audio recording of the meeting per Section 2-3-212, MCA. The audio recording is available upon request.
9:03:32 AM Chairman White Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners White, Seifert and Skinner, Deputy County Attorney Erin Arnold, and Acting Clerk to the Board Mary Miller.  
9:04:37 AM Chairman White Announcement: Reminder to the public that the meeting is being recorded, televised live by Charter Communications and streamed over the internet. Update on Community Room repairs and noted that the Courthouse will be closed on Veteran's Day.  
9:06:47 AM Chairman White There was public comment on matters within the Commission's jurisdiction. Lain Kay spoke regarding the Hope Lutheran and MSU voting locations.
9:08:07 AM Clerk to the Board Mary Miller Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Contract(s): Approval of a Contract with Tuff Shed for the Construction of a Building to House apparatus for a Soil-Vapor Extraction System at the Logan Landfill ($7,110.90)- continued; Change Order #1 to JAG Grading & Paving, LLC for CTEP Project Three Forks West Side Path (2015-160) ($2,802); Acceptance of Grant Award from Montana Disaster and Emergency Services Homeland Security Grant Program for 911 Microwave Update Project ($100,000); Historic Preservation Board of Gallatin County FY 2016 Services Agreement for Preservation of Historic Heritage ($6,000); Charter Communications (Bresnan) Extension (2005-199; 2011-117) for Network Services ($61,200); Interlocal Agreement with Madison County for Adult Detention Services ($69.00/day); and TNT for Construction of Road Department Storage Building at Logan ($81,332.14)- continued 3. Approval of Asset Disposals: Disposal of the following Road and Bridge Department Assets: John Deere Grader 772G Serial #1DW772GXCA0631577 (Asset #004105); John Deere Grader 772G Serial #1DW772GXCA0631442 (Asset #004104); John Deere Grader 772G #1DW772GXCA0631474 (Asset #004103); John Deere Grader 772G Serial #1DW772GXCA0631477 (Asset #004102); John Deere Grader 772G Serial #1DW772GXCA0631444 (Asset #004101) via Lease Return/Buyback Agreement for $135,700 each to RDO Equipment Co. Per County Contract 2011-123; Ford Tractor 6610 with 60" Tiger Mower C24544 (Asset #002064) via Trade-in on New Massey Ferguson 4610 - Trade-in: $8,642; 1990 Chevy Pickup VIN 2GCEK14K94208582 (Asset #001736) via Trade-in on 2009 Chevy Silverado - Trade-in Value: $1,000; 1990 Chevy Pickup VIN 1GCFK24H0LZ254713 (Asset #002043) via Trade-in on and Undetermined Truck; 3 All American Wheel Packers - Not located in EDEN - via Trade-in on a New Wheel Packer - Trade-in Value: $2,350 each; Hitachi Excavator EX200 Serial #145-48544 (Asset #3400) - via Trade in on Undetermined equipment; Champion Grader with Packer 720A Serial #720A-207-58-22672 (Asset #00539) - via Trade-in Toward the Purchase of Leased John Deere Grader 772G Serial #1DW772GXCA0631383 (Asset #004100); Champion Grader 720A Serial #720A-207-77-22734 (Asset #004751) - via Trade-in Toward the Purchase of Leased John Deere Grader 772G Serial #1DW772GXCA0631383 (Asset #004100); Disposal of Hewlett-Packard Desktop PC Serial #MSL2201DGH (Asset #004217) Via E-Waste Due to Water Damage in the Courthouse Community Rooom on October 19th; and Disposal of Non-Asset Miscellaneous Electronics Via E-Waste Due to Water Damage in the Courthouse Community Room on October 19th 4. Decision on a Common Boundary Relocation Exemption from Subdivision Review for Burcalow/Corral Bar 5. Approval of the Findings of Fact, Conclusions of Law, and Order for the Holland Properties Work/Live Condominiums
9:13:42 AM   There was no public comment.
9:13:54 AM Commissioner Seifert I would move that we approve the consent agenda as so ably read into the record by Mary with the continued of the contract with Tuff Shed and the continued for TNT Construction for the Road Department.
9:14:11 AM Commissioner Skinner Second
9:14:14 AM   Motion passed unanimously.
9:14:21 AM Chairman White Public Hearing and Decision on Second Reading of Gallatin County Dog Control Ordinance
9:17:46 AM Deputy County Attorney Erin Arnold Read the ordinance into the record.
9:22:11 AM   Discussion and Questions
9:28:06 AM Public comment Bob Donahoe, John Edelen, Bob Crayton, Diana Sauther, Ann Halverson, Jack Sauther, Josh Dickinson, Kayle Jackson, Tara Saley, Sandy Appleby, Candace Mastel, Mark Trowbridge, Gail Miller-Richardson, Connie Lien, Laura Fedro, Lain Kay, Charles Bowen, Mike Roddewig, Ilene Casey, Ken Pierce, Mike Vance, Sheriff Gootkin, Conservation and Parks Coordinator Mike Harris, and Sally Dickinson
10:27:41 AM   Closed public comment.
10:27:47 AM Deputy County Attorney Erin Arnold Comments
10:28:07 AM Commissioner Skinner Comments, I would move to approve the Gallatin County Dog Control Ordinance #2015-006 at second reading.
10:28:26 AM Commissioner Seifert Second
10:28:31 AM   Board discussion
10:33:44 AM   Motion failed 0:3.  
10:33:52 AM   Recess
10:41:51 AM Chairman White Reconvene to meeting. Public Hearing and Presentation of CDBG Draft Preliminary Architectural Report (PAR) for Big Sky Affordable Housing
10:42:16 AM CAO Jim Doar Presentation
10:43:11 AM Kevin Germain, President, Big Sky Chamber of Commerce Presentation
10:45:25 AM Tripp Lewton, CommaQ Architects Presentation, submitted Gallatin County/Big Sky Affordable Housing Preliminary Architectural Report (Draft) labeled Exhibit A, Item #2
10:46:41 AM Tracy Menuez, Community Development Director of HRDC Presentation
10:48:18 AM Tripp Lewton, CommaQ Architects Continued Presentation
10:53:59 AM Tracy Menuez, Community Development Director of HRDC Continued Presentation
10:57:04 AM Tripp Lewton, CommaQ Architects Continued Presentation
10:59:23 AM   Discussion between the Commission, Tracy Menuez, and Kevin Germain
11:06:39 AM   There was no public comment.
11:06:51 AM   Discussion between the Commission, Tracy Menuez, and Jim Doar
11:07:37 AM   No action taken.
11:07:43 AM Chairman White Board Appointment(s): Big Sky Meadow, Trails Recreation and Parks Special District (Joint Position)
11:08:25 AM Public comment Mindy Cummings and Steve Johnson
11:09:49 AM   Board discussion
11:10:04 AM Commissioner Seifert I would move to appoint Ciarra Wolfe to the Big Sky Meadows, Trails and Recreation and Parks Special District.
11:10:11 AM Commissioner Skinner Second
11:10:16 AM   Motion passed unanimously.
11:10:22 AM   Discussion between the Commission and Finance Director Ed Blackman
11:10:54 AM Chairman White Public Hearing and Presentation of the Gallatin County Treasurer's Monthly Report for September 2015
11:11:05 AM Treasurer Kimberly Buchanan Presentation
11:11:54 AM   Discussion and Questions
11:16:37 AM   There was no public comment.
11:16:42 AM Commissioner Skinner I'll move to accept the presentation of the County Treasurer's monthly report for September 2015.
11:16:50 AM Commissioner Seifert Second
11:16:54 AM   Motion passed unanimously.
11:17:03 AM Chairman White Public Hearing and Decision on a Resolution of Intent to Amend the FY 2016 Gallatin County Homeland Security Grant Fund to Reflect Receipt of $8,150 in Unanticipated Grant Funding and $439 in Matching Funds
11:17:31 AM Sheriff Gootkin Presentation
11:18:19 AM   Discussion and Questions
11:18:45 AM   There was no public comment.
11:18:48 AM Sheriff Gootkin Comments
11:19:40 AM Commissioner Skinner I'll move to approve Resolution #2015-116.
11:19:45 AM Commissioner Seifert Second
11:19:48 AM   Motion passed unanimously.
11:19:57 AM Chairman White Public Hearing and Decision on a Resolution of Intent to Amend the Gallatin County Public Safety Fund - Sheriff's Office Budget to Reflect Receipt of $97,916 of Unanticipated Detention Bed Revenue
11:20:20 AM Sheriff Gootkin Presentation
11:20:26 AM   Discussion and Questions
11:21:31 AM Budget Coordinator Justine Swanson Comments
11:22:01 AM   Discussion between the Commission, Justine Swanson, and Sheriff Gootkin
11:28:46 AM   There was no public comment.
11:28:54 AM Commissioner Skinner I would move to continue this resolution until next week to give the Sheriff ample time to bring more information to convince us of what we are threatening to do.
11:29:10 AM Commissioner Seifert Second
11:29:17 AM   Board discussion including Sheriff Gootkin
11:29:22 AM   Motion passed unanimously.
11:29:30 AM Chairman White Public Hearing and Decision on a Resolution Approving the Gallatin County Speed Limit Policy and Procedures
11:36:01 AM   There was no public comment.
11:36:11 AM Commissioner Seifert I would move to approve Resolution #2015-117.
11:36:18 AM Commissioner Skinner Second
11:36:22 AM   Motion passed unanimously.
11:36:46 AM Chairman White Agenda announcement: Regular agenda Items #11 and #12 will be heard next and then back to Item #8
11:37:31 AM Chairman White Public Hearing and Decision on Approval to Execute Bond Purchase Agreement to Lock Interest Rates on the Series 2015 Open Space Bonds
11:37:42 AM Finance Director Ed Blackman Presentation
11:39:30 AM Bridget Ekstrom, D.A. Davidson & Co. Presentation, submitted an email and attachments from Bridget Ekstrom to Ed Blackman labeled Exhibit A, Item #11
11:42:03 AM   There was no public comment.
11:42:10 AM   Discussion between the Commission and Ed Blackman
11:43:11 AM Commissioner Skinner I would move to approve the bond purchase agreement presented to us today November 10th and already signed by D.A. Davidson.
11:43:23 AM Commissioner Seifert Second
11:43:28 AM   Motion passed unanimously.
11:43:42 AM Chairman White Public Hearing and Decision on the Adoption of Final Bond Resolution for the Series 2015 Open Space Bonds
11:43:53 AM Finance Director Ed Blackman Presentation
11:45:34 AM   There was no public comment.
11:45:39 AM Commissioner Skinner I would move to approve Resolution #2015-118, which is a resolution relating to $5,830,000 Open Space General Obligation Bonds Series 2015 determining the form and details thereof authorizing the execution and delivery and levying taxes for the payment thereof.
11:46:02 AM Commissioner Seifert Second
11:46:05 AM   Motion passed unanimously.
11:46:49 AM Chairman White Public Hearing and Decisions on Two Variance Requests from the Transportation Design and Improvement Standards (length of paving and right-of-way width) in the Gallatin County Subdivision Regulations and a Request for Preliminary Plat Approval for the Adams Minor Subdivision
11:47:15 AM Belgrade City-County Planner Jason Karp Staff report
11:53:08 AM   Discussion and Questions
11:53:38 AM Mike Stenberg, Hyalite Engineers Presentation of behalf of applicants Thane and Kim Adams
11:55:11 AM   Discussion and Questions
11:56:15 AM   There was no public comment.
11:56:30 AM Commissioner Skinner Having reviewed and considered the application materials, public comment, and recommendations from the Planning Board, I move to grant the applicant a variance to Section 7.E.1 of the Gallatin County Subdivision Regulations and reduce the right-of-way width for the subdivision's access road from 60 feet to 40 feet.
11:56:51 AM Commissioner Seifert Second
11:57:00 AM   Board discussion/Findings
11:58:22 AM   Motion passed unanimously.
11:58:35 AM Commissioner Seifert Having received and reviewed and considered the application materials, public comment,and recommendations of the Planning Board, I move to grant the applicant a variance to Section 7.C.12.d of the Gallatin County Subdivision Regulations and reduce the paving requirements for the subdivisions access road from 100 feet to 30 feet.
11:58:57 AM Commissioner Skinner Second
11:59:02 AM   Board discussion/Findings
12:00:41 PM   Motion passed unanimously.
12:00:54 PM Commissioner Skinner Having reviewed and considered the application materials, public comment, and recommendations from the Belgrade City-County Planning Board, I hereby adopt the findings presented in the staff report and move to revoke the agricultural covenant on the real property and approve the preliminary plat of the Adams Minor Subdivision with staff suggested covenants, or conditions.
12:01:16 PM Commissioner Seifert Second
12:01:25 PM Belgrade City-County Planner Jason Karp Notes that condition #19 could be removed, if you wanted.
12:01:29 PM Chairman White Comments
12:01:35 PM Commissioner Skinner I would include that in my motion that that would be removed.
12:01:38 PM Chairman White Strike #19.
12:01:44 PM Commissioner Seifert I would agree with that.
12:01:48 PM   Board discussion/Findings
12:03:05 PM   Motion passed unanimously.
12:03:14 PM Chairman White Public Hearing and Decision on a Request for Preliminary Plat Approval for the DeVries Minor Subdivision
12:03:30 PM Belgrade City-County Planner Jason Karp Staff report
12:07:19 PM   Discussion and Questions
12:09:27 PM Lewis Burton Presentation on behalf of applicant MDP LLC/Mike DeVries
12:10:53 PM   Discussion and Questions
12:11:04 PM   There was no public comment.
12:11:13 PM   Discussion between the Commission and Jason Karp
12:11:40 PM Commissioner Seifert Having reviewed and considered the application materials, public comment and recommendations of the Belgrade City-County Planning Board, I hereby adopt the findings presented in the staff report and move to approve the preliminary plat for the DeVries Minor Subdivision with approval of the, subject to the staff recommended conditions, also including the removal of condition #13.
12:12:04 PM Commissioner Skinner Second
12:12:09 PM   Board discussion/Findings
12:14:49 PM   Motion passed unanimously.
12:15:24 PM Chairman White Public Hearing and Decision on a Request to Remove An Agricultural Covenant, a Variance Request from the Fire Protection Standards of the Gallatin County Subdivision Regulations, a Waiver Request from the Flood Study/Flood Hazard Evaluation Standards of the Gallatin County Subdivision Regulations and For Preliminary Plat Approval for the 2-Lot Nancy Brown (Penquin Meadows) Subsequent Minor Subdivision
12:15:55 PM Planner Megan Gibson Staff report
12:24:16 PM   Discussion and Questions
12:30:34 PM Mark Chandler, C&H Engineering and Surveying, Inc. Presentation on behalf of applicant Nancy Brown, submitted an aerial map of the proposed minor subdivision labeled Exhibit A, Item #10, and a topographical map of the proposed minor subdivision labeled Exhibit B, Item #10
12:39:00 PM Matt Hausauer, C&H Engineering and Surveying, Inc. Presentation on behalf of applicant Nancy Brown
12:42:55 PM Nancy Brown Applicant presentation
12:46:28 PM Erica Hartman Presentation of behalf of applicant Nancy Brown
12:48:20 PM   Discussion between the Commission, Matt Hausauer, Megan Gibson, and Mark Chandler
12:56:44 PM   Recess
1:02:54 PM Chairman White Reconvene to meeting.
1:02:58 PM Public comment Paul Ellis, submitted 7 photos and a copy of COS 2284 labeled Exhibit C, Item #10, Tony Visser, and Mark Taylor
1:25:52 PM   Closed public comment.
1:26:05 PM Mark Chandler, C&H Engineering and Surveying, Inc. Rebuttal
1:28:46 PM Nancy Brown, Applicant Rebuttal, submitted 3 pages of an MLS listing for the subject property labeled Exhibit D, Item #10
1:29:27 PM Deputy County Attorney Erin Arnold Comments
1:29:42 PM   Discussion and Questions
1:30:23 PM Commissioner Skinner I would make a motion, having reviewed and considered the application materials, staff report, and public comment in accordance with the requirements of Section 13. A and Appendix I, Section 5 of the Gallatin County Subdivision Regulations, I move to approve the variance request for the Penquin Meadows Subsequent Minor Subdivision preliminary plat with approval subject to all laws and regulations and staff suggested conditions.
1:30:49 PM Commissioner Seifert Second
1:30:53 PM   Board discussion/Findings
1:34:09 PM   Motion passed 2:1. Chairman White opposed.
1:34:31 PM Commissioner Seifert Having reviewed and considered the application materials, and staff report, in accordance with the requirements of Section 10.F.2 off the Gallatin County Subdivision Regulations, I move to approve the flood study/flood hazard evaluation waiver request for the Penquin Meadows Subsequent Minor Subdivision preliminary plat, with approval subject to all laws and regulations and staff suggested conditions.
1:34:55 PM Commissioner Skinner Second
1:35:13 PM   Board discussion/Findings including Erin Arnold
1:38:14 PM   Motion passed unanimously.
1:38:22 PM   Discussion between the Commission and Erin Arnold
1:38:35 PM Commissioner Skinner I would, having reviewed and considered the application materials, staff report, and public comment in accordance with requirements of 76-3-207(c) MCA, I would move to lift the agricultural covenant from the subject property at final plat and I would move to approve the preliminary plat for Penquin Meadows Subsequent Minor Subdivision with the approval subject to all laws, regulations, and staff suggested conditions.
1:39:22 PM Commissioner Seifert Second
1:39:25 PM   Board discussion/Findings  
1:51:43 PM   Motion passed 2:1. Chairman White opposed.
1:51:53 PM   Meeting adjourned.