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ANACONDA-DEER LODGE COUNTY

COMMISSION MEETING 8:00 P.M.

TUESDAY, NOVEMBER 6, 2007

COURTHOUSE COURTROOM

The meeting was called to order and the Pledge of Allegiance was recited. Present for the meeting were CEO Becky Guay and Commissioners Linda Sather, Robert Pierce, Mark Sweeney and Pete Lorello. Absent was Frank Knadler.


APPROVAL OF MINUTES FOR OCTOBER 16, 2007 COMMISSION MEETING AND OCTOBER 23, 2007 WORK SESSION
Commissioner Sweeney moved for the approval of the above captioned minutes; motion seconded by Commissioner Lorello. Motion carried unanimously.
APPROVAL OF CLAIMS
Commissioner Pierce moved for the approval of claims numbered 89784 through 90006 in the amount of $319,258.28. Motion seconded by Commissioner Lorello. Motion carried unanimously.
REPORTS OF BOARDS, OFFICIALS AND COMMITTEES
Commissioner Pierce attended the Anaconda-Deer Lodge County Superfund Coordination this morning.
CEO Guay met with Randy Nichols of Northwest Energy on October 25, to discuss the status of the Pennsylvania/Front Street lights which were a project put in by Northwest Energy and were to be owned by the County. The County actually paid for them back in the mid-to late-nineties. The County has not accepted the project because the street lights were not put in place in a way that would allow the County to maintain and the County did not receive the spare parts to maintain the lights. They are seeking to remedy the situation; they have done a lot of work to make it easier for the ADLC electrician to maintain. They are also trying to seek spare parts before turning it over to the County. Former ADLC electrician Jim Novak is also attending these meetings to assist with that project. Hopefully, by the end of the year, this could be settled.

At the same time, CEO Guay talked to Mr. Nichols about the parking lot and the power pole in the Oak/Third Street. They have agreed to work with whatever engineering firm that is selected. They will meet with them immediately to develop the lines that will work best for the completion of the parking lot project.

Ms. Guay also attended the Clark Fork Coalition Board meeting Friday evening and all day Saturday in Missoula. This essentially was a strategic planning session. They primarily discussed what they hope to accomplish in the Upper Clark Fork watershed in the next five years and they have some very ambitious plans for using some of the Natural Resource Damage Program monies that should be coming available when the NRD and the State settle the

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Anaconda and Clark Fork River claims. She reminded them that the contamination starts at the BP/ARCO Waste Management Repository and that we really need to be mindful of the cleanup that is going on here and they need to be mindful how that can affect the river all the way down past Milltown.
Commissioner Sather stated that her husband was in Missoula for a doctor’s appointment this week and the nurse commented to him that she was glad that Anaconda wants all that contaminated soil down there, to which he responded that it was not the decision of Anacondans of what they wanted on the land but that they are stuck with the decision.

It is the perception of the people of that area that Anaconda does not mind having this material deposited here.


Commissioner Sweeney attended a planning seminar in Missoula last Friday. It was a good opportunity to meet with planners around the state and talk about our planning office and the vacancies that exist.
Commissioner Sather stated that Commissioners Pierce and Lorello and CEO Guay were at the Horizons meeting prior to this meeting. It was very informative; the high school students gave presentations on their views of the community. Grade schools students had an art exhibit about their favorite places in Anaconda.
UNFINISHED BUSINESS
First reading of proposed Ordinance No. 211 regarding the parking of trailers, etc. on the streets of Anaconda-Deer Lodge County.
Commissioner Chair Sather read proposed Ordinance No. 211 regarding the parking of trailers, etc on the streets of Anaconda-Deer Lodge County.
Gene Vukovich stated that comments from the public will be heard at the public hearing.
CEO Guay suggested that the public hearing be held on November 27 at 7 p.m.
Commissioner Sather set the public hearing for this ordinance on November 27 at 7 p.m. in the Courthouse Courtroom.
Cooperative Agreement between Head Start and Anaconda Public School District No. 10
Commissioner Pierce moved to approve the cooperative agreement between Head Start and Anaconda School District No. 10, seconded by Commissioner Lorello. Motion carried unanimously.

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Mental Health Agreement between Dr. Tim Casey and the Head Start Program
Commissioner Pierce moved to approve the Mental Health Agreement between Dr. Tim Casey and Head Start; seconded by Commissioner Lorello. Motion carried unanimously.
Continuation Grant for Head Start Services
Commissioner Lorello moved to approve the Continuation Grant for Head Start Services; motion seconded by Commissioner Pierce. Motion carried unanimously.
Appointments to the Tax Increment Financing District (TIFD) Board
Commissioner Lorello made a motion to approve the appointments of Bob Meredith, Banking Representative; Jim Davison, Economic Development Representative; and Wydette Demachki, member-at-large. Motion seconded by Commissioner Sweeney. Motion carried unanimously.
Special Use Permit request from Kim Powell regarding Component Housing
Commissioner Sweeney moved to approve the Special Use Permit requested by Kim Powell with the fifteen conditions set by the Planning Board. Motion seconded by Commissioner Pierce. Motion carried unanimously.
Special Use Permit request by Shawn Hanson regarding a Pawn Shop
Commission Chair Sather stated she would abstain from voting on this permit based on her strong personal feelings on pawn shops. Commissioner Pierce moved to approve the request of Shawn Hanson with the 20 conditions set by the Planning Board and the change of address from East Park to East Commercial. Motion seconded by Commissioner Lorello. Motion passed with Commissioners Sweeney, Lorello and Pierce voting for approval and Commissioner Sather abstaining.
Resolution No. 07-52 amending various County budgets for Fiscal Year 2006-2007
Commissioner Pierce moved to approve Resolution 07-52 to amend the various County budgets for Fiscal Year 2006-2007; seconded by Pete Lorello. Motion carried unanimously.
Approval to renumber previous Resolution No. 07-43 and 07-44 to Resolution No’s 07-53 and 07-54 respectively
Commissioner Pierce moved to approve renumbering previous Resolution No. 07-43 and 07-44 to Resolution No’s 07-53 and 07-54 respectively. Motion seconded by Commissioner Lorello. Motion passed unanimously.
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Approval of support letter for the Mountain States Transmission Inter-tie (MSTI)
Commissioner Lorello moved to approve the support letter for the MSTI Line; seconded by Commissioner Pierce. Motion passed unanimously.
NEW BUSINESS
Memorandum of Understanding with Atlantic Richfield
CEO Guay advised the Commission of the process started last week with Atlantic Richfield. They met three times last week to discuss a Memorandum of Understanding (MOU) between ARCO and the County that sets the stage for us to begin a process to develop a Statement of Work from which we may negotiate a Global Settlement Agreement. Ms. Guay had hoped to have a signed copy from Robin Bullock available this evening but that didn’t materialize and it will have to be provided later. The memorandum established that the County and Atlantic Richfield are beginning this process and agreeing to meet regularly to discuss Development Permit System (DPS), developing Institutional Controls Management Plan (ICMP) and other related documents. Talks will begin about dispensation of County properties that were conveyed in the ’94 agreement. They still have the offer on the table to take back some properties. Certainly no decisions will be made without the Commission’s approval. Another issue is to begin trying to get a sense from ARCO of the dollar amount that they are looking at for some of the settlement costs. This process has been encouraged by the Environmental Protection Agency (EPA) which essentially told both Atlantic Richfield and the County that talks have to begin to develop any agreements possible, which would then be used by EPA as a basis for areas of agreement between the two parties.

One day was focused entirely on the Development Permit System and how that interacts with the Superfund cleanup process and how barriers can be removed in the DPS that are prohibiting or slowing down development and potential growth, as well as development County-wide.

The third day was more on the DPS and other issues such as the waste repository. The MOU does have a provision that acknowledges that Ms. Guay will keep the Commission informed of the process on a regular and ARCO will be doing the same on their side.

Ms. Guay then deferred to Jim Kuipers for additional information.


Mr. Kuipers stated that the trick for the next six months would be conducting negotiations under confidentiality with Atlantic Richfield and still informing the Commission and the public and at the same time involving the Commission and the public in the outcomes.

ADLC and Mr. Kuipers will be talking with Atlantic Richfield about the DPS and at the same time presenting new aspects of the DPS to the Planning Board and the Commission over the next couple months. The feedback will be taken back into the negotiations.

Mr. Kuipers stated that Mr. Vukovich advised that the golf course wants to keep informed on the negotiations. The County has stated to Atlantic Richfield that it wishes to retain the golf course in County ownership. Liability issues do need to be resolved.
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There is a lot of follow up in the negotiations and the public process. This will be accomplished with the Tuesday meetings and additional meetings to work on other aspects.

Tentatively, there would be terms with ARCO by April 1. That would not be the details, but the tentative scope of work.


Mr. Vukovich stated that the golf board was upset when it heard from several sources, including EPA, ARCO officials, County staff and contractors, that there is a possibility that the County is considering giving back to ARCO much of the County property including the golf course. The Board wants to be a part of the discussions.
Ms. Guay stated the County is not looking at giving the golf course back. The County is looking at many options and she cannot see that happening. But the County needs to address some of the liability issues, and at this time the EPA and ARCO are willing to talk to the County about these issues and that’s the best that we can hope for at this point.
MISCELLANEOUS
Commissioner Sweeney stated that he feels that it is important the County gets the Planning Department in order and get the positions filled. He offered to work with CEO Guay to find qualified candidates for Planning Director.
Commissioner Lorello reiterated Mr. Sweeney’s remarks and said the job description should be updated and the job should get advertised quickly.

Commissioner Lorello also expressed the concerns of his constituents about the rail cars in his district. At the time he was elected, he was of the belief that the railroad was abandoned for the West Valley Sewer Line.

Ms. Guay stated that the railroad is in the process of abandoning the line out to the quarry and they have submitted application to get that done. She has heard from the railroad that they are still pursuing the abandonment of that line and that they did not believe that using the line to store the rail cars would jeopardize that process. But in the meantime, it is their line and they can store the cars there. The abandonment process is still in progress; the state said that it could be six months or more. A letter has been sent to the State regarding the grant for the sewer line asking them to extend the grant funds again until the abandonment issues are solved.

Mr. Lorello stated the constituents are concerned that the cars may be there permanently and the safety issues with the cars parked there.

Mr. Kuipers stated that currently the plans are to have the cleanup by next summer, but it all depends on the abandonment.
Commissioner Lorello said his next issue is the Southern Cross and what’s going on there?

Ms. Guay stated that she previously forwarded a letter to the Commission from the State Department of Environmental Quality to the EPA that said ARCO and the Superfund

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people (EPA) have agreed on a cleanup and ARCO is proceeding with that. However, the State is now concerned with certain aspects of that. The County is aware of this.

Mr. Kuipers said that reading the State’s letter to Atlantic Richfield, it is not saying that you have to clean up to 40; it’s saying your site won’t be delisted as result of the cleanup. Anaconda is a federal cleanup site; Georgetown is a State site, and there is a difference in jurisdiction.


CEO Guay stated that next Tuesday, November 13, is the Commission Meeting night as well as the Chamber of Commerce Banquet. Some Commissioners and I would like to attend the Chamber banquet. The governor will be here and may have some surprises in store for the County. It would be important to have representatives there. Would it be possible to have the work session on the 20th as well as the regular business meeting?

The Commissioners voted to have a joint meeting on the 20th.


CEO Guay stated the County received four bids for engineering services for the parking lot. Ms. Guay would like several people to take a look at them and the Commissioners are welcome to look at them. Ms. Guay would then like to interview the top two candidates. This is just for qualifications and not actual bid numbers.
Commissioner Lorello asked if the Third Street Water Project could go out on bids next year to finish it because of all the complaints that have been received?
Ms. Guay stated that the original contractor has to finish it. He was supposed to be finished no later than the 31st and out of town. They were still finishing some paving on Friday. The days that they are using now will be deducted from the time they have in the spring.
Commissioner Sather asked about the Washoe Park Bridge once again. CEO Guay will again check with the Parks Director.
PUBLIC DISCUSSION
Dorothy Hogg addressed the Commission and asked for clarification about where the trailers can be placed on private property.

Ms. Guay stated that they cannot be placed on any public property, but can be stored on private property.

Ms. Hogg stated that she is aware that there are many trailers, but is concerned about where they will go.

Commissioner Chair Sather said there are some spots available. She suggests that it might be a good business opportunity for someone.


Bill Johnson stated that he feels that Commissioner Sather already has her mind made up about the ordinance. There are less people in this town now and it doesn’t make sense that we need this now more than we did fifty years ago.
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Commission Chair Sather closed with the statement: ‘Life is 10% of what happens to you and 90% what you do with what happens to you.’
Meeting adjourned at 8:46 p.m.

Respectfully submitted,


Sandra L. Wenger

Deputy Clerk of the Commission


Linda Sather, Commission Chair Robert Pierce, Commission Vice Chair



Commissioner Pete Lorello Commissioner Mark Sweeney




ABSENT

Commissioner Frank Knadler

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