July 2004 Commissioners Minutes

July 6, 2004

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

RESOLUTION 07-06-04- The commissioners passed a LOAN RESOLUTION, approving a loan in the amount of $86,791.00, together with an interest rate of 2%, per annum on the unpaid balance of the principle. The loan is from the Aeronautics Division of the Department of Transportation of the State of Montana. The purpose of the loan is for an airport development project. The county will make 10 payments, 1 each for the next 10 years. The principle will be $8,670.10 plus interest. The first payment is due on 2/28/05.
DON ERICKSON-MINERAL COUNTY MENTAL HEALTH DIRECTOR: Don was in to give the commissioners an update from our Mental Health Services in Mineral County. Don also answered questions for the commissioners. Don will be focusing on providing services in Alberton. Mineral County will be getting a brand new Mental Health Building. The commissioners reiterated the importance of all entities working and meeting with each other to solve issues with the financial impacts of the county kept at a minimum.
ROAD DEPARTMENT-BILL VIGUE: Bill was in to go over his next year’s budget.

The commissioners adjourned.

July 14, 2004

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

GEORGE GUPTON/DES COORINATOR: The commissioners signed the payroll authorization form for the Montana Disaster & Emergency Services Division. George also has received some equipment from a grant that will need to be inventoried. It is a projector and also a computer. The commissioners would like these items to be stored on courthouse property.
TIM READ/MINERAL COUNTY PLANNER: Tim was in and gave the commissioners their material to read over before next week when they will be reviewing the planning boards recommendation of subdivisions. Tim also recommended that the commissioners need to have a department head meeting to go over the Safety culture Act. This was a result of an investigation of the Department of Labor looking at our workforce conditions.
BIG CREEK WATERSHED RESTORATION AND STIMSON LAND ACCESS PROJECT-MINERAL COUNTY ADVISORY RECOMMENDATION: Present at the meeting are Jim DeBree, Mike Byrnes, Dennis Hildebrandt, and Roger Hearst. The advisory group came in with the following evaluation and comments to the commissioners:

The U.S. Forest Service, Superior ranger District has rendered a decision relating to the Big Creek Watershed Restoration and Stimson Land Access. Their decision focuses on Alternative 5 as the preferred course of action and according to their written comments reflects the following:

Remove culverts that are fish passage barriers on Road 18703 and trail 706 from Mile Post 2.1 upstream to the intersection of trail 806 and road 3822.
Maintain conventional vehicle access to all dispersed campsites on National Forest System Land.
Change Travel Plan designation on Trail 706 from motorized to non-motorized.
Complete necessary watershed restoration work as outlined in the EA and documented in the West Fork of Big Creek watershed reconnaissance report in the project Record.
Reconstruct the stream channel and stabilize stream banks at the above-culvert sites.
Install proper travel management signing and revise Forest Travel Map for proper designation of the trail.
Spray noxious weeds with herbicide along the trail system and roads accessing the private lands.
Remove or utilize (in stabilization) the large rock stockpiled along the existing road.
Provide access to Stimson Lumber Company by allowing for the construction of approximately 1.5 miles of road and reconditioning and maintenance of approximately 17.4 miles of existing road.
Exchange easements with Stimson Lumber Company on Roads and Trail 706 to grant Stimson Lumber company legal access to their private lands and to grant the Forest Service legal access to the trailhead and trail for 706.
Road 18642 would be decommissioned to a level III status.

The purpose of the proposed action is to:

Improve Water Quality in the West Fork of Big Creek.
Restore bull trout habitat and remove native fish barriers to contribute toward the protection of bull trout and other native fisheries.
Allow Stimson legal access under Alaska National Interest Lands Conservation Act.
Obtain easements or rights of public use of existing trail and to maintain diverse recreational uses.

On July 13, 2004, Dennis Hildebrand, Roger Hearst, and Jim DeBree conducted an on-site evaluation of the Big Creek Watershed. We examined the culverts, and stream channels, assessed the dispersed campsites, documented the severity of weed infestations, dead and dying timber stands, and general conditions of the entire area. This site visit evaluated all the alternative as suggested in the Record of Decision especially the proposed actions as reflected in Alternative 5.We offer the following comments:

1. There was no evidence that the existing culverts are creating fish barriers. Most of the culverts destined for removal are far removed from the main channel. The one large culvert (estimated at 8’ in diameter) has approximately 14 inches of clearance at the low end of the corrugated pipe above the main channel. This could be easily corrected with an extended flange on the bottom of the pipe if it is a problem for fish passage.

2. One culvert is only two years old and is quite stable with the water flowing approximately forty feet before it enters the main channel. There is absolutely no evidence of sedimentation taking place.

3. The proposed action suggests that 1.4 miles (Our measurement reflected 1.6 miles) of the lower road will be decommissioned and restricted to foot traffic. We believe this road closure will put additional pressure on the only available campsite that now exists. We do not understand the rationale for closing this road for it does represent several dispersed campsites that are well suited to diverse uses.

4. We don’t believe it is in the best interest for the recreating public to change the designation of trail 706 from motorized to non-motorized. Again there is no evidence of soil erosion and we simply don’t understand why the Forest Service would eliminate motorized vehicles. There is no rationale for this decision.

5. We did not observe any site where there is excessive soil erosion. Perhaps it would be prudent to obtain water quality data from the Forest Service. Big Creek is a naturally meandering stream and although there are sites where the channel is close to road banks they are well protected with rock riprap and tree wads. We don’t believe it would be productive to reconstruct the channel as suggested by the work plan.

6. We concur with the action item to install proper travel management signing and revise the Forest travel Map. We found the trail and road numbers do not jive with existing maps and photos. We strongly recommend the Forest Service develop a uniform numbering system that is consistent across the entire forest.

7. We concur with the action plan to spray noxious weeds with herbicide along the entire trail and road system. We found healthy populations of Spotted Knapweed, Tansy, and Dalmatian Toadflax. We strongly recommend the Forest Service initiate a vigorous biological control program as well. We also wonder if the Forest Service has the personnel and equipment to prevent weed seeds from entering the area on recreational vehicles and equipment.

8. We concur with the Forest Service to utilize the large rocks stockpiled along the existing road.

9. We concur with the action item providing access to Stimson Lumber Company by allowing for the construction of approximately 1.5 miles of road and reconditioning and maintenance of 17.4 miles of existing road.

10. We also concur with the exchange of easements on roads and trail 706 however one must ask, “What happens if Stimson sells their property?”

11. We don’t believe that Road 18642 should be decommissioned to a level III status. The Resource Advisory Group established a clear and concise policy statement that there will be no loss of roads in Forestlands located in Mineral County. The existing road is well established with minimum erosion and decommissioning it will most assuredly needlessly spike the sediment for several years to come.

12. We don’t believe the proposed actions will restore the bull trout habitat and we are confident there are no existing barriers to fish passage. If their proposed actions do prevail, the Board of County Commissioners should demand that baseline data be documented to determine if the Forest Service goals are achieved. Fish populations including Bull Trout should be tabulated for every mile of the channel plus obtaining accurate water quality data at least four times per year as permanent sites

SUMMARY

We strongly suggest that the proposed alternative be modified to reflect the desires of local residents who actually utilize the Big Creek drainage. It is a popular location for sightseeing, fishing, hunting, vehicular travel; horse back riding, hiking, and camping. The site is far enough removed from the populated centers so it doesn’t get the intense pressure that other public campgrounds receive.

There is little evidence of land abuse, or severe erosion; however aggressive weed control and removal of dead and dying timber would greatly enhance the landscape. We believe that Alternative 1 (No action) as proposed by the Forest Service best serves the needs of Mineral County residents. We believe that certain actions under Alternative 1 should include:

Removal of dead and dying timber stands
Weed control program to include biological agents
Exchange easements with Stimson Lumber on Roads and Trail 706
Enhance existing dispersed campsites

The commissioners would like the advisory group to canvas the local residents who live around this area to see the impacts that it would have on them. Also the commissioners will talk to the local Ranger to ask some questions about the concerns they have with the costs of this project, and what is the need.

RESIGNATION OF MIKE TOTH: The commissioners received the resignation of Mike Toth; Mike Toth is a Sworn Deputy in the Mineral County Public Safety Department. His last day will be 7-13-04.
LOIS SHERD/DEPARTMENT OF REVENUE: Lois was in with the following additions and refunds:

REFUND to Premiere Outdoor Advertising for $13.56 for assessor made mistake on taxable value.
ADDITTION: Star Rentals/ assessor did field review and found personal property because of highway construction project.
ADDITION: Hill top Laundromat / assessor did field report and did audit and found all new laundry washer and dryers.
ADDITION: Rampart Hydro Services / assessor did field inspection and after audit found more personal equipment from the highway project.

CLERK OF COURT/COPIER: Cheryle Demmon, Mineral County Clerk of Court and Kathleen Brown, Clerk assistant. The purpose was to get approval for a new copier in their office; the county attorney office and the Clerk of court Office share it. The price for the copier will be $3000. It will be split between the clerk of court and the county attorney’s office. The commissioners approved the request. It will be in the new budget.

The commissioners adjourned.

July 21^st, 2004

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

· WANDA JAMES-JP COURT EMPLOYEE: Wanda was in to get permission to have Sharon Gull work fill-in. Sharon will be the Clerk of Court on January 1^st, 2005 and has resigned as Clerk in Wanda’s office. Because of her work ethic the commissioners will have her pay be the same as when she left while she fills in.

· DEEMS 10.10 ACRE PROPERTY WITH MINERAL COUNTY LIEN ON IT: Present Shawn Donavan, Mineral County Attorney. The commissioners approved and signed a quitclaim deed that released our lien on this piece of property (SW1/4,NE1/4,NE1/4 OF SEC 13, T19N, R30W), which is approximately 10.10 acres. Shawn Donavan, Mineral County Attorney, opinion was the commissioners would not have to bid this out according to public policy because we only had a lien on the mortgage and did not actually own it. Mineral County only sold the lien we had on the mortgage to Jack Finely. We sold it for $20,000.

· BILL VIGUE-MINERAL COUNTY ROAD FOREMAN: Present Bill Vigue, Bill was in to discuss some of his proposed capital outlay items. The commissioners have approved his budget and he needed to know if we were going to approve the $40,000 brush cutter. The commissioners denied the brush cutter.

· MINERAL COUNTY ADVISORY GROUP: BIG CREEK ROAD OBLIVIATION AND RS.2477: Present at the meeting Jim DeBree, Dennis Hildenbrant, Roger Hearst, Mike Byrnes, Jim Schultz, Peggy Podolak, and Alan Amborn. The advisory group met with the commissioners to report on there findings on our guestions revolving from a previous meeting. After questioning Rob Harper, Superior Ranger District, Jim and the group set up a field trip to the site in question. Also discussed by the group was the possibility of the commissioners listening to public comment on the RS 2477 Road issue. The commissioners agreed to have a public meeting to hear comments that relate to RS 2477 classified roads in Mineral County on Federal Lands.

· ST. CLAIR ESTATES MINOR SUBDIVISION-PRELIMINARY PLAT APPROVAL-Present are Tim Read, Mineral County Planner and Sanitarian, Ron Schlader, Lolo National Forest. There was no public comment. The commissioners gave preliminary plat approval to this subdivision and did not change any of the recommendations of the Planning Board.

· MILL CREEK ROAD RIVER LOTS MINOR SUBDIVISION PRELIMINARY PLAT APPROVAL: Present are Tim Read, Mineral County Planner and Sanitarian, Ron Schlader, Lolo National Forest. The Lolo National Forest has no comments for this subdivision. The commissioners gave preliminary plat approval to this subdivision and did not change any of the recommendations of the Planning Board.

· CLYDE MINOR SUBDIVISION PRELIMINARY PLAT APPROVAL: Present are Tim Read, Mineral County Planner and Sanitarian, Ron Schlader, Lolo National Forest. The Lolo Forest does not have any objection to this subdivision as long as the owners of lots do not build or do any encroachment onto the Forest Service Road.

The commissioners adjourned.

July 30, 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 SHERIFF’S RESIGNATION: Present at the meeting Shawn Donavan, County Attorney, Anita Parkin, Sheriff, Hugh Hopwood, Undersheriff, and Kathy Jasper, Clerk and Recorder. Anita Parkin has turned in her resignation on July 27^th, 2004 to be effective on July 31, 2004. The commissioners needed a legal opinion on the process of appointing a new sheriff to finish her term. According to MCA 7-4-2206, whenever a vacancy occurs 75 days or more before the general election held during the second year of the term, an individual must be elected to complete the term at that general election. The clerk and recorder will announce in the paper the process and it will be up to the committees on both parties to pick their candidates to run the election. The commissioners also asked Shawn to draft a letter to the Town of Alberton and the City of Superior, to let them understand that the rest of the county is subsidizing their public safety requirements. Mineral County has a contract to provide public safety with the city and town, but we need to have an increase in the amount. The public safety budget is over $670,000 per fiscal year and between the two towns they contribute only about $70,000 to the fund, and more than likely have more citizens.

· MINERAL COUNTY SPECIAL USE PERMIT FOR COMMUNITCATION PURPOSES: This is the permit up Thompson Peak that we have with the USFS. Present Ron Schlader. Ron was in to see if Mineral County would like to renew our permit. The commissioners would like to request a renewal. This has been expired. We are requesting a permit. We are requesting that the land-use fee be wavered. So the cost is $84.36, and these fees have been paid this year.

· KEVIN CHAMBERLAIN-EXTENTION BUDGET: Present at the meeting is Kevin Chamberlain. Kevin went through his budget he is requesting an increase in Sharon’s wage to $9.58 per hour, and an increase in Dave Brink’s time to be a ½ time extension agent. The commissioners agreed to give Sharon $9.58 per hour. Retroactive this budget year. The commissioners approved a request for Dave Brink to be full time/with a ½ time extension agent. This is contingent on the state funding this position.

· SHARON PATTERSON-PERFORMANCE EVALUATION-The commissioners received the employee evaluation.

· LOAN COMMITTEE; members present are (Judy Stang is absent) staff present are. Billye Anne Bricker, Jim Warnken, B. J. McComb, Jim DeBree absent, Shaun Donovan, absent. Kevin Chamberlain explained to the group about the CDBG for Mark and Aimee O’Day. They will be purchasing Big Sky Machining from Dennis Hart and property that needs to be closed on or before August 5, 2004. The loan committee is being asked to finance $26,000.00 from the Revolving Loan Fund to make up the difference to help purchase this property. The closing date on the property is August 5, 2004. Short term loan of 90 days and due on or before October 29, 2004. Shaun Donovan and Jim DeBree have expressed the support for this loan. Mineral County will be managing this fund and all payments will be coming back to Mineral County to be managed through the RLF. Collateral for this loan will be two vehicles and the CDBG funds. Billye Ann Bricker made the motion to accept this loan request and B. J. McComb second. Approved. Prepared by Sharon Patterson.

The commissioners adjourned.