Tuesday, January 24, 2006
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Work Session 7:00 p.m. Tuesday, January 24, 2006Courthouse Courtroom 2nd Reading of Ordinance No. 126-A, amending Ordinance No. 126, the Old Works Golf Course Authority Board. Chairman Bilodeau performed the 2nd Reading of Ordinance No. 126-A. He explained the changes within Ordinance No. 126-A with the appointment of members from out of town. Commissioner Ternes stated that this Ordinance is available and on file for any interested person. He suggested that a copy of this Ordinance be sent to the Library to be on file as well. This item will be placed on the next agenda for final approval. 2nd Public Hearing – Request from Atlantic Richfield Company for the Zone changes from Open Space to Light Industrial at the Triangle Waste Area. Planning Director Linda Bouck explained that she has talked with Charlie Coleman of the EPA regarding this change. Mr. Coleman has given Ms. Bouck a page from the Work Plan pertaining to the interim cover. She explained that if development does occur the full cover will be placed. If development does not occur for a certain period of time, EPA does have authority to request that a full remedial cover. Ms. Bouck stated that changing the zoning to Light Industrial does not change any of the obligations to the Federal Government. Commissioner Daniels asked if there was a set time line for development. Mr. Steve Ferry of Atlantic Richfield Company stated that this time frame has not been determined and will be part of the Consent Decree. He stated that it would probably be established for a 10-15 year time frame. Mr. Ferry then reiterated Ms. Bouck statement that changing the zoning will not change any obligations to the Government. Commissioner Kurtz asked if Atlantic Richfield would be willing to put in a trust fund into effect to install infrastructure to service the Triangle Area. Mr. Ferry stated that he is not sure why Atlantic Richfield would put a trust fund into effect. Commissioner Kurtz stated that they will still have to place a full cap and if there is going to be a reduction in the cap and instead of investing in the cap work if they would be willing to invest in a trust fund for the purpose of installing infrastructure so that this area could be developed. Mr. Ferry stated that Atlantic Richfield still has the obligation with the remediation whether this area is developed or not so this does not change the land use. Mr. Ferry explained that there is an 8” water line that services this area along with Gas and Electric utilities and they will have to follow all DPS requirements for any further development. Mr. Ferry explained that they want to change the zoning of this property so that there is no hold up on progress. He stated that this puts one major step ahead of the development process. Mr. Serge Meyers addressed the Commission. He asked what the acreage was for the Triangle Waste Area. Mr. Ferry stated that this area encompasses approximately 400 acres. Mr. Meyers asked if the water service is coming from the Silver Lake Water Source. Mr. Ferry Commission Work Session January 24, 2006/Page Two
Planning Director Linda Bouck stated that the County has received two bids and she is Commission Work Session January 24, 2006/Page Three very pleased to recommend that the Commission take the highest bid from Sandra Guerre. Ms. Guerre has submitted a proposal exactly what the County was looking for. She would be an owner occupied at the property and she would purchase the property next door to demolish to extend out the yard. Ms. Guerre stated that she does not have an agreement to tear down the structure but it she is working with the neighboring property to purchase. It was explained that a weed plan was not submitted from either bidder because the Weed Coordinator was not available. It was stated that the County will explain further the weed situation on any future bids and any walk through. The Commission agreed to place this item on the agenda for the next Commission meeting. Discussion – BETA Contract for 6th, 7th, and 8th Street. Planning Director Linda Bouck stated that this is actually for 3rd Street and Birch Street. This is for the 2006 application for our 2007 project. Commissioner Daniels asked for clarification on the supplemental amount of $3,780.00. Ms. Daniels explained that the $8,470.53 is the basic application to write the grant. The supplemental amount is for services if the County is awarded the Grant. These services include paper work for cash reimbursements and final close out documents. Basically, NRD funds are used for this payment. The Commission agreed to place this item on the agenda for the next Commission meeting. Discussion – Morrison & Maierle Contract for preliminary work on 3rd Street. Planning Director Linda Bouck explained that this contract is for $5,5000 to do preliminary Engineering work in order to submit the applications. She stated that it has worked very well in the past to have the preliminary Engineering report submitted with the Grant application and it is viewed better in doing this. This preliminary work also counts as part of the County’s match. The payment of this contract will come from the Water Budget The Commission agreed to place this item on the agenda for the next Commission meeting. Discussion – Amended Preliminary Plat for Aspen Landing Estates #2 (Fire Cistern Variance). Planning Director Linda Bouck explained that Mr. Lew Mitchell is requesting a variance for the cisterns after speaking with the West Valley Fire Department. Mr. Mitchell is in agreement to do “cash in lieu” of cisterns in order for the West Valley Fire Department to acquire funding to purchase better equipment. There is a two-year limit on the “cash in lieu” and if the West Valley Fire Department does not have the equipment purchased in two years, Mr. Mitchell Commission Work Session January 24, 2006/Page Four will then be required to put in cisterns. It was explained that this subdivision is located west of the gravel pit and on the south side of Montana One West. The Commission agreed to place this item on the agenda for the next Commission meeting. Discussion – Request to apply for a Montana Aeronautics Grant for $2,640.00. Planning Director Linda Bouck explained that this is a request to apply for an FAA project to do crack sealing and paving of the runway. This project was in the FAA Capital Improvement Plan for 2006. At that time, the Commission did agree to follow the Capital Improvement Plan for the Airport. The FAA application is for $178,000, in which $169,100 would be Grant Funding and this would require $8,900 in County match. Of that $8,900 there is a second grant to Montana Aeronautics for $2,640.00. This would put the County’s obligation just over $5,000. If the Commission agrees to this, we would be committing $5,100 towards this project and the County would be getting $178,000 of work for that. Commissioner Kurtz asked if the County has the ability to do this? It was also noted at this time that the $5,000 would be coming from the General Fund. Commissioner Daniels asked if it would be possible to put this off for one year or does the County loose the opportunity for this offer? Ms. Bouck stated that Morrison & Maierle has given statistic on the deterioration of the runway and it could wait one year. Ms. Bouck stated that she will have to check with FAA on the funding to verify if it can be pooled and carried for one year. Commissioner Ternes stated that this is not pressing at this time so this item could be checked on and placed on the next Work Session agenda. Ms. Bouck stated that the deadline passed for the Aeronautics Grant, which has already been submitted and it was told that we will be awarded the funding. However, the County has not agreed to take the money because we are not sure that the project would happen this year. Ms. Bouck stated that the Montana Aeronautics Grant would be the only grant that the County could loose if the project was not done this year, which is $2,640.00. Ms. Bouck stated that this is the first time ADLC has been approved for this Grant. She stated that she would check on this but does believe that we can delay for one year if we absolutely have to. She will also check to see if the County could bank this money for one year. Chief Executive Becky Guay stated that she does not know where the General Fund could possibly come up with an additional $5,000. Ms. Bouck will discuss this with the Airport Board during their meeting in the morning. Commissioner Daniels suggested that the Airport Board look at ideas on how to fund the $5,000. She suggested looking into a Homeland Security’s Grant. This item will be placed on hold until further information is obtained by Ms. Bouck. Discussion – Request for bids for Title Searches. Planning Director Linda Bouck explained that the process for tax deeds calls for title searches and the Clerk & Recorder’s Office has been previously doing these. This process puts Commission Work Session January 24, 2006/Page Five
January 24, 2006/Page Six The Commission agreed to place this item on the agenda for the next Commission meeting. Discussion –Amendment to the Master Plan (Resolution No. 06-07). Planning Director Linda Bouck explained that this is for the 2006 NRD application for half of 3rd street and half metering of Anaconda. There was a discussion during an informal meeting with CEO Guay, Alden Beard, Jim Heaphy, Jim Novak, Larry Sturm and herself. At this point, because the County has not performed due diligence with the citizens, such as public hearings and other steps notifying them that the County would be metering half of them, the metering should be put later on down the schedule in order to meter the entire community all at once. This would give the County 1 ½ years to notify the citizens and educate everyone on meters. This Resolution will officially amend the schedule of the Water Master Plan and delaying the installation of meters until a later date. The Commission agreed to place this item on the agenda for the next Commission meeting. MISCELLANEOUS: Resolution No. 06-08, A Resolution establishing a budget for the Senior Citizens, Transportation and Services. Chief Executive Becky Guay explained that in reviewing budgets, there was no line item to pay the Senior Citizens the two mills collected for Transportation and Services. This Resolution will amend the budget to include such a line item in the amount of $19,315.00. The Commission agreed to place this item on the agenda for the next Commission meeting. Fish, Wildlife and Parks Review Commissioner Ternes stated that he has seen several reviews lately that affect wildlife and apparently Fish, Wildlife and Parks are not returning. He asked if these are going to the Helena Office. Ms. Bouck stated that these have been going to the Missoula Office. Commissioner Ternes stated that he will be contacting Fish, Wildlife and Parks regarding their reviews with the critical wildlife corridors. Commissioner Kurtz added that he has observed in the Planning process with the subdivisions around Georgetown Lake and within heavy timber that there is one thing he would like to see included in the future is a statement to potential land purchasers that they are in a forested area and in the event of a catastrophic fire they may not have the opportunity of fire protection. Ms. Bouck stated she would check on it. Commission Work Session January 24, 2006/Page Seven NRD Board Commissioner Ternes stated that new names have been posted for the NRD Board. He reported that Ms. Linda Bouck has been appointed. Right to Farm or Ranch Commissioner Ternes stated that because of the number of subdivisions going on, he would like to encourage Anaconda-Deer Lodge County to do an Ordinance or whatever to establish the Right to Farm or Right to Ranch so that neighbors cannot complain of stench or noise of farm animals. Fencing on Stumptown Road Commissioner Ternes mentioned that there has been a lot of press about the fencing situation such as the one on Stumptown Road. Mr. Lorrie Thomas and the Sportsmen’s Club has started a petition for the Commission to look at fencing issues. Commissioner Ternes stated that he has talked with many individuals from the Sportsmen’s Club as well as Fish, Wildlife & Parks and it has been brought to light problems that the County could encounter if regulations are not developed, especially with wildlife habitat. Commissioner Ternes suggested that we take a solid look at this a take an approach with fencing issues countywide. This should pertain to fencing areas that have wildlife in winter and summer habitats. Main Street Project Commissioner Sather reported on the Main Street Project meeting held on January 20, 2006. She explained that she volunteered to distribute a survey explaining the Main Street Project to local downtown businesses. MOU for Special Appropriations Commissioner Daniels stated that the MOU with Missoula County for the Special Appropriations is in draft form in Missoula and has been reviewed by the Missoula County Commissioners. This will be forth coming to the ADLC Commission and this MOU does not specify a dollar amount at this time. They did specify that the money would be split 50/50. Water Rates for Apartment Complexes Chief Executive Becky Guay stated that she took a look at the water rates for apartment complexes. She stated that she has found that some apartment owners received a 1000% increase because each complex was being considered a single-family residence. While that might not be the wrong approach it is very difficult apartment owners to come up with that type of money without budgeting for it. CEO Guay said she did a calculation to determine the average per unit Commission Work Session January 24, 2006/Page Eight rate that apartments were paying before the increase. She stated that she then increased the unit rate by 12%, which was the same increase that single-family residence were increased. With the result of this calculation, CEO Guay recommended that the County look at increase apartment complexes from $20.80 to $10.53 per unit and make this retroactive from January 1st to provide some immediate relief for the apartment complex owners. This would yield the same amount of revenue, 12% over the same amount of revenue that we have received from apartments prior to the rate increase came into effect. She stated that the County Attorney is checking the noticing requirements to verify if the County needs to send notices to all ratepayers or to those affected. She will have more information on this at the Commission’s next meeting. CEO Guay also reported that she has checked the flat rates for commercial properties and they Water Department does have flexibility with regard to “Home Occupations”. Rather than charging them the residential rate of $20.80, plus the commercial rate of $18.60, plus the $5.20 for the business use, there is some flexibility to adjust the rates that the Water Department could for example charge the residential flat rate as well as the rate for business use. There are some issues that need to be resolved with the commercial rates such as coin laundries, restaurants, and retail stores. She stated that she will be having a meeting with Harry Whealon of Montana Rural Water to discuss an equitable way to charge some of these flat rates perhaps in a dollar per square footage. Another issue that needs to be cleaned up is the method of charging meters in cubic feet and the meters measure in gallons. She explained that the Commission will probably be seeing the water rate sheet more than once and she will have something on the agenda to reduce water rates for apartment complexes immediately. Since the Rate Sheet was established by Resolution, the Commission does have the authority to change those rates by another Resolution. Commissioner Daniels asked if CEO Guay has checked with State’s targeted rate and what they expect because this was a major issue of our community getting to those targeted rates in order to obtain grant funding through NRD. CEO Becky Guay stated that this issue would also be discussed with Mr. Whealon in the coming weeks plus she will try to verify if our revenue requirements are being satisfied. CEO Guay also provided Commissioner Sather with procedure documents in order for ratepayers to request a variance for their water rates. Risk Management 101 CEO Guay reported that there will be a Risk Management 101 Session with MMIA tomorrow (January 25, 2006) at 6:00 p.m. in the Courtroom. Commissioner Daniels and Commissioner Ternes reported that they would not be able to attend. NRD Application Planning Director Linda Bouck reported that the NRD application for the Commission approval at the next Work Session. This application is due March 2, 2006. Dennis Rehberg Visit Commissioner Sather reported that she, CEO Guay, Cheryl McKinley and Mr. Jim Commission Work Session January 24, 2006/Page Nine Davison met with Dennis Rehberg and presented County and Community issues to Representative Rehberg. Those issues included the Courthouse Preservation, Millcreek Highway, Sewer Lines in West Valley, and the Rest Area. Public Discussion: Main Street ProjectMs. Rose Nyman thanked Joan Borneman, Cheryl McKinley, Linda Bouck and Melinda Riley on behalf of the Gold Coin issue. She stated that this is an important part of our heritage and she sincerely appreciates their effort. Ms. Nyman then followed up on the Main Street Project meeting. She stated that there will be another meeting on Friday, January 27, 2006, at 8:30 a.m. at the Hearst Free Library to see if we should pursue the grant. She stated that some people have indicated that we should wait a year on this grant however, the small businesses within our community are struggling and the community cannot wait a couple of years. When Ms. Nyman asked for the letter of intent to apply for this grant, she discussed the matter of funding of the part time person. Ms. Nyman is now asked the Commission and County to look at possibly using Revolving Loan Fund money. She stated that the County is in the position to make the grant from this fund (Ms. Nyman referred to the Anaconda-Deer Lodge County Economic Development Program Income Revolving Loan Plan of May 1996). She stated that the money could be used for projects such as this not as a loan but as a grant. In order to submit the grant application she is asking the County to grant $15,000 for the first year and $15,000 for the second year. Ms. Nyman stated she is not sure what the balance of this account is. She stated that this would be a solution to the funding to have this contribution from the County. Commissioner Ternes stated that the Commission cannot comment on this until the balance of the Revolving Loan fund is verified. Mr. Jim Davison reported that there are two separate accounts; one account has at least $70,000 to $80,000. The second fund is being used to renovate the 3rd floor of the Community Service Center but should have approximately $140,000. Mr. Davison stated that the difficult thing for CDBG to give a grant like this is that it has to be shown that it would benefit 51% of the low to moderate-income people. It could be possible to show that the employees of the Main Street area are 51% LMI and it could be a job retention thing. Mrs. Cheryl McKinley further explained that the uses of these funds need to be looked at quickly because the application is due on March 2, 2006. Ms. Nyman added that she is not sure of the legalities but she asked if the Commission could do a “letter of intent to participate” be issued without actually putting in an application for a grant from the Revolving Loan Fund? Gold CoinMrs. Cheryl McKinley, Historic Preservation Officer, stated that she is not sure that the Gold Coin Mill will have a positive outcome. The bright side of this issue is that it has brought to the attention of the County the importance of needing an Ordinance established to preserve Commission Work Session January 24, 2006/Page Ten Historical properties and to protect the communities Historic Resources. Mrs. McKinley then explained the current process of her position. Mrs. McKinley asked the Commission to support her on developing a design review process to cover all of Anaconda-Deer Lodge County for 50 year and older properties to protect what is out there. Courthouse RestorationCommissioner Daniels stated that she sits on the Historical Resources Board and she expressed the priority of restoring and raising funds to restore the Courthouse. Mrs. McKinley then invited everyone to attend a Texas Hold ‘Em Benefit Poker Challenge on January 28, 2006 to help raise funds for the American Legion, the Montana Hope Project and the Courthouse Restoration project. Water RatesMr. Jim Davison of the Local Development Corporation addressed the Commission. He stated that the question of the water rates being raised high enough to attack grant funding. He reminded the Commission the major grants that look at those rates are the RAT and CDBG Grants. When the comment period comes for rules he encouraged the Commission to comment on the efforts that the County Government is doing to try and meet public services. 53-11 PlanMr. Jim Davison addressed the Commission. He stated that the Community Transportation to tap money from the Montana Department Transportation for public transportation there a 53-11 plan. The citizens of the community have the advantage of the Hospital, the Senior Citizens and AWARE are receiving money for their vans. The Head Start could receive money to help pay for their buses. If the County does not have a 53-11 Plan they cannot apply for the Grant. If there was a 53-11 Plan, the grant helps pay for 50% of the operating dollars and up to 70% of the administrative dollars. CDBG Public HearingMr. Davison thanked Ms. Bouck for setting up the Public Hearing on the CDBG for February 14, 2006. Title SearchesMr. Davison reported that there is a Local Development Corporation HUD Grant that could help supply $12,000 to the County for Title Searches. Bi-MartCommission Work Session January 24, 2006/Page Eleven
Mrs. Jan Thomas, County Treasurer, addressed the Commission. Mrs. Thomas supplied the Commission with the County’s Financial Reports from July through December, 2005. She explained December’s report and the Government Funds are at $1,600,352.11. The Enterprise Funds are at $2,660,446.46 so Countywide our funds are $4,875,552.97. The School’s money is $3,328,819.79 of that and all of the trust accounts are $1,357,621.34 and most of that is tax revenue, which has already been sent to the State in January so the Commission will not see the result of that yet. After the tax collection there are far fewer negative funds. This is what we have in terms of our tax resources until we receive the bulk of the revenue in May. Mrs. Thomas stated that she will make it a point to address the Commission at the last meeting of each month. Commissioner Ternes stated that he has just received this report at the beginning of this meeting and has not had the time to review these reports in order to have any questions for Mrs. Thomas. Mrs. Thomas stated that she will attend the meetings at the convenience of the Commission after they have reviewed these reports. Commissioner Daniels thanked Mrs. Thomas for her efforts during a very difficult year and stated that Mrs. Thomas has done a tremendous job. She stated that she appreciates Mrs. Thomas’ efforts. Mrs. Thomas stated that the County does have auditors here this week and encouraged the Commission to meet the auditors while they are here. AdjournmentWith nothing further being discussed, the meeting was adjourned at 8:45 p.m. Respectfully submitted, Heather J. Edwards Clerk of the Commission
Russ Bilodeau, Chairman Linda Sather, Vice-Chairman Commission Work Session January 24, 2006/Page Twelve _________________________________ _________________________________ Connie T. Daniels, Commissioner Peter Kurtz, Commissioner _________________________________ Wayne Ternes, Commissioner Directory: minutes archive minutes archive -> Courthouse courtroom minutes archive -> Anaconda-Deer Lodge County Commission Meeting 6: 00 p m. May 6, 2014 Courthouse Courtroom Download 46.13 Kb. Share with your friends:
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