June 2004 Commissioners Minutes

June 2^nd, 2004

Commissioners James S. Warnken, Judy A. Stang, and B. J. McComb met in a special session. The purpose of the session was to have general session this week, since there was no other session this week. The commissioners conducted the following business:

• The commissioners signed the agreement with the FAA for the grant funding of the Mineral county Airport. The Grant amount awarded is for $1,588,317.00. This is for 95% of the project. Mineral County has received a loan and a grant from the Montana Aeronautics Board for the rest of the moneys.
• UPDATE OF COPY SYSTEM IN JUSTIC COURT: Wanda James, Mineral County JP, and Sharon Gull, Deputy JP, were in to recommend to the commissioners to ad some updated features to the copier in their office. The updates would allow for faxes, and copies to be made from servers in the courthouse. The costs would be around $500. The commissioners would like Wanda to check with Nancy Coles on the capability of the upgrade.
• SALTESE WATER & SEWER BOARD: The commissioners received the resignation of Jan Christensen from the Saltese Sewer District board. The sewer District will appoint another member at their regularly scheduled meeting and recommend a new member to the commissioners.
• LORNA SHARKEY EVALUATION: The commissioners received a three-year evaluation from Wanda James for Lorna Sharkey, Misdemeanor Probation officer for the Justice Court.
• TIM READ: Tim met with the commissioners to discuss the process for changing a requested condition on Bailey Lodge Addition Minor Subdivision. Condition #16 with required road maintenance agreement cannot be met because the road is a forest service road and they do not do maintenance agreements. Tim will look into how we can have a condition changed after it has been through the public process. Tim also is asking the commissioners what can be done about the amount of time he is acquiring because of his huge workload.
• DOR-MINERAL COUNTY TAX APPEAL BOARD: Anthony Francisconi and Deb Riesman. Anthony and Deb were in to discuss some issues with our Tax Appeal Board. Deb just wants board members to be reminded that they have to be objective. Anthony had a few words with one of our members when he went to appraise their property. The commissioners will write a letter and contact the Tax Appeal Board Members to remind them of their responsibility to be open and objective through this process.
• DES-GEORGE GUPTON: George was in to report to the commissioners on his upcoming practice drill. They will use the Superior Community Center as their operational base. George will be ordering several items that are paid from the OADP Grant. The commissioners would like to see them stored at a courthouse location.
• ADDITION TO THE TAX ROLL: Anthony Francisconi, was in and the commissioners approved an addition to the tax roll. Previous appraiser has deleted the properties before.. They are BLUE BIRD, MELROSE, and CENTER AND NISBA PATENTED MINING CLAIMS.
• MULTIPLE USE SUPPORT: The commissioners sent a letter of support for the efforts of the Montana Multiple Use Group to try and co-ordinate access on USFS lands with a better process.
• MINERAL COUNTY HEALTH NURSE CONTRACT WITH SUPERIOR SCHOOL DISTRICT: Present Mr. Woodford, their will be a 4% increase from last year.
• The commissioners adjourned.
• June 7, 2004
• Commissioners Judy A. Stang, James S. Warnken, and B. J. McComb met in a regularly scheduled session. The commissioners conducted the following business:
• RC&D MEETING: The commissioners met with the monthly RC&D meeting. For full minutes contact the Mineral County Extension office. Agenda items included Hiawatha Trail, Mineral county Loan Program.
• GROVEDALE ZONING DISTICT: Tim Reed, Mineral County Environmental Health and Planning Office, was in to ask who would be in the environmental officer of this district. The commissioners are appointing Tim Read as the enforcement officer for this Zoning District.
• MINERAL COUNTY’S CLERK OF COURT BUDGET: The commissioners sent a letter to Cheryl Demon, Clerk of court, to let her know she has run out of budget. The commissioners told her that her employee, Kathleen Brown, needs to be laid off until next year’s budget, effective today.
• PATSY FOOTE, MINERAL COUNTY LIBRARIAN: The commissioners received the resignation of Patsy Foote, effective September 2, 2004.
• SHAWN DONAVON-CLERK OF COURT: Shawn was in to advise the commissioners of the situation in the Clerk of court’s office. The Clerk of Court felt the commissioners have purposely not appropriated her budget, but now she has overspent. Cheryl believes it is not her problem. Cheryl is an elected official and his responsible for her office. The commissioners felt Cheryle spends a lot of time reading and taking breaks outside the courthouse so it may indicate she does not use her allocated time wisely.
• The commissioners adjourned.
• June 8, 2004
• Commissioners Judy A. Stang, James S. Warnken, and B. J. McComb met in a regularly scheduled session. The commissioners conducted the following business:
• MINERAL COUNTY RESOURCE PLAN: Present is Rob Harper, Superior Ranger District, Lee Kramer, Lolo Forest, and Kelly McQuiston, Congressmen Reberg’s Office. These offices have had folks from our county Resource Advisory Group make comments to their offices on behalf of the Mineral County Commissioners. Their concerns are did we direct these folks to comment on our behalf. The county commissioners have not directed this group to comment on our behalf, only to bring us comments from our constituents for us to determine the comments we need to direct to these offices. We also discussed Co-operating Status and agreed to do a MOU for the time being so the commissioners can get a chance to look at projects 2-3 weeks before they go out to public comment.
• MIKE CURTAIN-DR. SMITH AND MINERAL COUNTY HOSPITAL USE: Mr. Curtain was in to make comments about Dr. Smith not being able to have use of the Mineral County Hospital. The commissioners do not know all the facts and would like to hear from Dr. Smith before making any decisions.
• MINERAL COUNTY ROAD BUDGET: Present Shawn Heyer and Bill Vigue, Bill was in to go over his budget with the commissioners and also a plan for managing the timber at the 80 acres the county owns by Sawmill gulch where our present gravel pit is. The commissioners approved the management of the 80 acres and instructed Bill to bid it in the newspaper.
• EMPLOYEE EVALUATIONS FOR ROAD PERSONNAL: the commissioners received Shawn Heyer, Jason McClees, and Wayne Boyce.
• CLERK OF COURT-CHERYL DEMON: Present Shawn Donavan, the commissioners received a letter from Cheryle telling us she had to be gone several days in June and no one would be in the office. Cheryl has overspent her salary budget and the commissioners have ordered the Clerk and Recorder to not pay any more salary to her office. Shawn is suggesting we call Sharon Gull in any case of an emergency, and let folks know Cheryl is gone and they need to come back another day. The commissioners have gave Cheryl enough hours for her employee to work 16 hours a week for the fiscal year, plus 140 hours so the Clerk could have 4 weeks of convention, vacation, and what ever sick days she needs. The commissioners have researched the situation in her office before budget time and felt this was more than enough hours for an extra employee. The commissioners will try and work with the situation, but all liability shall fall on the elected officer of that position.
• RIVER VIEW BENCH PHASE II MINOR SUBDIVISION: Present Tim Read, Mineral county Health and Planning Office, Jane Eby, Eby Surveyors, and Mike Drenth, the commissioners gave preliminary plat approval to this subdivision;
• BAILEY MINOR SUBDISION: Present Tim Read, Mineral County Planner and Sanitarian, Jan Eby, Eby and Associates and Tim Bailey. The commissioners gave preliminary plat approval the Bailey Minor Subdivision.
• CHUCK GATEWOOK. -AIRPORT HANGERS: Chuck was in to ask the commissioners if they would be interested in contracting with him and his partner to build hangers at the airport and to let then rent or sell them. The commissioners have not had time to evaluate that situation at the airport. They will be able to look at it more after the construction is done.
• CHANGES TO TAX ROLL, Helen Miles and Kim Eastman refund of $100.35 for filing AB26-appeal decision. Annabelle and Harry getz refund of $77.29 AB26 appeal decision for mobile home.
• The commissioners adjourned.
• June 14, 2004
• Commissioners Judy A. Stang, James S. Warnken, and B. J. McComb met in a special session. The purpose of the session is to canvass the Primary Election. Present at the meeting is Staci Hayes, Deputy clerk and Recorder, Kathy Jasper, Clerk and Recorder. The results of the election are as follows:
• Election results
• The commissioners also met with Shawn Donavan, Mineral County Attorney, to discuss the situation in the Clerk of Court’s Office. Shawn advised the commissioners of the legal rights of the county in the situation where the Clerk of Court has overspent her operating budget. The commissioners have the ability to not pay the elected official, and to charge them for the overspending of their budget. The commissioners would like to research the situation before making a decision.
• Cheryl Demon, Mineral county clerk of court, was in and admitted to the commissioners responsibility for overspending her operating budget. She went through her workload left in this fiscal year, and does not feel she can get in done without the extra employee on staff. The commissioners will check with the auditors to see if there is a way to resolve this situation. Cheryl also brought in an agreement that she would only bring her extra help in on a certain amount of days for the month of June.
• The commissioners adjourned.
• June 16, 2004
• Commissioners Judy A. Stang, James S. Warnken, and B. J. McComb met in a regularly scheduled session. The commissioners conducted the following business:
• The commissioners received the resignation of Sharon Gull; her resignation will be effective July 2, 2004.
• Cheryl Demon, Clerk of Court, was in to ask the commissioners when she would be receiving her paycheck. The commissioners have been holding her wages until they can talk to the county attorney. Cheryl has overspent her operating budget and has let her employee work more than the commissioners have allocated. This has caused some extra liabilities to the county.
• MINERAL COUNTY SALARY COMMISSION: Present at the meeting is Kathy Jasper, Billye Ann Bricker, Neva Cummings, Kathy Verley, Anita Parkin, Jim Warnken, B. J. McComb, and Judy Stang, absent Shawn Donavon. The committee went through an update of the last year’s proposal. The proposal for next fiscal year includes a cost of living and to bring longevity up to date. Kathy Verley made a motion accept this proposal contingent of availability of funds. Anita seconded. Motion passed.
• ST. CLAIR ADDITION (SINGLE LOT) SUBDIVISION: The commissioners signed the final plat of this subdivision. All the conditions have been met.
• ROAD DEPARTMENT, BILL VIGUE: Present is Bill Vigue was in to go over his budget. The commissioners still have to review things.
• ST. REGIS PARK: Glen Keopke and Jerry Doctor were in to explain to the commissioners the situation at the park where the Mineral County Sheriff’s Department has been called 4 times because of the confrontation between the Babe Ruth Coach, Tom Yearout and John Schrober, Park Committee Member. Glen and Jerry said they are working on resolving the issue.
• DES COORDINATOR-GEORGE GUPTON: George was in to ask the commissioners how to budget for the $1000 that will be issued from the State for the exercise that was done last week. It is an extra amount for the year that was not budgeted for.
• EMPLOYEE EVALUATION: The commissioners received a 6-month evaluation for Harold Frieze. Harold Frieze is a dispatcher.
• The commissioners adjourned.
• June 23, 2004
• Commissioners Judy A. Stang, James S. Warnken, and B. J. McComb met in a regularly scheduled session. The commissioners conducted the following business:
• A few representatives from the Montana Clerks of Courts were in to speak on behalf of Cheryle Demmon, Mineral County Clerk of Court. Cheryle has overspent her budget and caused the county some liabilities. Present is Emily Kimmet, Nancy Sweeney, Nancy Morrison, Kitty Pederson, Anita Vandola, and Ruth Baker, all Montana Clerks of Court.
• Gordon Hendrick, Superior Mayor, was in to discuss the status of the his proposal to sell his small city lot for parking lot space on the Vista Trail accepted as a project of Title II. The purchase of the city lot would be eligible out of Title III funds. The commissioners would rather grant the money to the entity that is responsible for the trail to buy it, then Mineral County.
• GEORGE GUPTON-DES: George was in and the commissioners signed the Mineral County Homeland Security Strategic Plan. George also gave the commissioners a draft copy of the Mineral County PDM Plan and results for our review. The commissioners would like any of the equipment that is bought with grant moneys for Mineral County to be kept by Mineral County.
• BUDGET AUTHORITY RESOLUTION NO 06-23-04. This resolution is for the budget authority for the appropriation of funds received from the State of Montana for domestic preparedness grant. The sum is for $1000, and will be appropriated to General Revenue #331112.
• WEST-END FIRE DISTRICT: Present Tom Anderson, West-End Fire District Chief, Shawn Donavan, Mineral County Attorney, and Chuck Shope. Shawn was here to inform the commissioners on the progress of the contract with the Mangold’s. The Mangold’s have hired an attorney. Shawn has advised the Fire District that the contract has expired. It should be okay to go ahead with proceeding the project. Tom would like to do sections of the project. Tom is trying to avoid bidding out the specs. Commissioner Warnken told the fire department to go ahead with their project. Commissioner Stang abstained from any decisions, (and washes her hands of this mess). The West-End Fire District has been advised they are still bound to obey all contractor rules that require licenses, insurance, bonds, etc. Any liabilities will be from the Fire Department’s budget.
• RESOURCE USE: Present at the meeting Billye Ann Bricker, Dave Brink, Jim DeBree, Kevin Chamberlain, Dennis Hildebrandt, Mike Byrnes, Alan Am born, Mrs. Am born, Steve Schultz. The resource advisory council met with the commissioners to discuss the Recourse Use Plan. Members of the Resource Advisory Committee were present to discuss with the commissioners where we stand on our request for Co-operating Status. The commissioners have talked to Forest Service Personal and have requested a list of our duties that the forest service would need to give us this status. Also Rob Harper, Superior Ranger District said they would provide us with a MOU that would give us a chance to comment on projects 3 weeks before they go out for public comment.
• BILLYE ANN BRICKER-CONTACT COMFORT LIEN RELEASE-The commissioners agreed to release the pick-up and will have a lien on some of the massage tables that are actually worth more than the pick-up.

• CLERK OF COURT: Shaun Donavan, (MANY CLERK OF COURTS) Shawn and the commissioners discussed the situation of not paying the clerk of court her paycheck. The commissioners have held off paying Cheryle until they could discuss with the auditors and the budget director our legal responsibilities. Cheryle Demmon has willfully broken policy of Mineral county by having her employee work more than half time. This puts the county and the MACO pool at a liability of not treating employees equal. Mineral County pays half time employees health insurance benefits. Cheryle has also threatened to just leave her office open and not have anyone in it to file needed documents. This could also open up the county to a potential liability. The Mineral County Policy requires all offices to be open from 8:00 AM to 5:00 PM, with offices such as hers can close from noon to 1:00PM. The commissioners agreed they would give Cheryle her paycheck, but she needs to understand the liabilities she has put the county in. The commissioners have also had to pay Health Insurance to Kathleen Brown, now that she has worked over ½ time. Cheryle had been warned by the county commissioners to watch her employee’s hours. Present at the meeting Don Tujoht, Mike Schneider, Jerrie Newell, Anita Vandolah, Shelly Callihan, Lori Maloney, Emile Kimmet, Nancy Morton, Cheryle Demmon, Joe Demmon, Jean Bare, Laura A. Brent, Diane D. Anderson, Nancy Sweeney Katherine E. Pedersen, B. Matthews, Shirley Faust, Phyllis White, Kathleen Brown.

The commissioners adjourned.

June 28, 2004

Commissioners B. J. McComb, James S. Warnken, and Judy A. Stang met in a special session. The purpose of the session is to work on unfinished year-end business. The commissioners discussed the employee wages for the next fiscal year. The commissioners have agreed to pay the increased benefits of the health insurance, which is $40.00 per employee per month, without changing any deductibles. Due to this increase the commissioners can only give employees the cost of living, which is a 2.3%, plus .7% for a total increase of 3%. The commissioners also believe it would not be fair to give the Elected Officials a longevity increase and not give it to the rest of the employees. The commissioners will reject the recommendation of the salary board and give the same to everyone.

The commissioners also negotiated a proposal to the public safety union.

The commissioner s adjourned.

June 30, 2004

Commissioners B. J. McComb, James S. Warnken, and Judy A. Stang met in a regularly scheduled session. The commissioners conducted the following business:

• BAILEY LODGE ADDITION NO. 1- Present Tim Read, the commissioners signed the final plat for this minor subdivision. All of the conditions have been met.
• MIKE RAETHER-REQUEST FOR DRIVEWAY VARIANCE: Mike Raether is the pastor at the new church in Haugan. Mike is requesting that the church get a variance on the condition of our policy that requires a hard surface on an approach to a county road that is paved or chip sealed. They are mostly funded by volunteers and fund raising moneys. The commissioners agreed to give the Baptist Church in Haugen a variance, under the condition that they get the approach finished properly in two years. Which would be by August 6^th, 2006.
• JACK FINLEY-OFFER ON 10 ACRES (LEGAL DESCRIPTON). Jack has offered the county $20,000 to pay off the lien the county has on this piece of property. The county has a lien on this property from the loan that the Deem’s gave the county on their property when they borrowed money from Mineral County’s Loan Program. The Deems have defaulted on their loan and moved on to Florida. Jack only wants to buy off the lien the county has on the land, and it will be his responsibility to get a deed in his name and to pay for any costs he may incur. The commissioners felt if Shawn Donavan, Mineral county Attorney, gives a legal opinion that would allow this; the $20,000 is a good deal.
• BILL VIGUE-MINERAL COUNTY ROAD BUDGET: Bill was in to discuss the cuts that the commissioners will need in his budget. The commissioners gave two road crew employees Jason McClees and Wayne Boyce, 50 cents per hour, plus the 3% (which the rest of the employees will receive). Jason and Wayne are doing more equivalent work as the other supervisory employees and this help get the gap closer. The commissioners also suggested Bill turn in his budget and we will look at it when we go over the other budgets.
• ROGER HEARST-MINERAL COUNTY FIRE WARDEN. Roger gave a demonstration of a devise that helps put out fires on homes, especially for those residents who do not have a lot of money for home wildfire protection. This devise hooks to garden hose and sprays foam on things.
• MINERAL COUNTY RESOURCE ADVISORY COUNCIL: Present at the Meeting are Kevin Chamberlain, Roger Hearst, Mike Byrnes, Jim Schultz, Jim DeBree, Dennis Hildebrant, Peggy Podolak, and Alan Amborn. The Resource Advisory Council brought in a list
• CASH TRANSFERS AND LINE ITEMS
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