September 2004 Commissioners Minutes

September 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:

• ST. REGIS PASS VS SOHON PASS: Present at the meeting is Chuck Mead, Historical Society. Chuck was in to ask the commissioners to change their support of leaving St. Regis Pass named St. Regis pass. The Historical Society would like the commissioners to change their support to changing the pass name back to SOHON Pass. The commissioners would like to check to see why they actually supported keeping the name St. Regis Pass last year before changing their support.
• SHAUN HEYER, MINERAL COUNTY ROAD PERSONAL: During last week Shawn was driving the Road Foreman Pick-up and was run into by another vehicle. Shawn was in to see if we could let the father of the person who hit the pick up fix the bumper. The commissioners would like the pick-up to be fixed by a licensed auto body establishment.
• MAPS CHANGE ORDER: Present Tim Read, the commissioners signed a change order that allows MAPS to inventory road signs in the counties jurisdiction while they are mapping centerlines.
• SECOND FULL-TIME CLERK FOR JP COURT: Present Shaun Donavan, Shaun was in to ask the commissioners to reconsider adding a second full-time clerk in JP Court. Shaun is willing to research if courts of limited jurisdiction for county governments could impose a surcharge for misdemeanor offenses. It is legal in municipalities. The commissioners would be willing to look at it, however it is too late for this year’s budget. Also the county has levied to the max for county employees health benefits, and that extra cost would have to come out of the general funds revenues.
• LAW ENFORCEMENT CONTRACT WITH TOWN OF SUPERIOR: The Mineral County Commissioners signed the contract for public safety services with the Town of Superior.

The commissioners adjourned.

September 10^th, 2004

Commissioners James S. Warnken, Judy A. Stang, and B. J. McComb met in a special session. The purpose of the special session was to interview applicants for Mineral County Road Foreman Position. The commissioners interviewed two applicants: Shawn Heyer and Jason McLees. The commissioners hired Jason McLees; he will be on probation until July 1^st, 2005. His pay will be $16.50.

The commissioners adjourned.

September 15, 2004

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

• FIRE PLAN: Present Roger Hearst and Jim DeBree. The commissioners signed the Mineral County Fire Plan for 2004-2005. This plan is between the countywide fire districts and was funded by the Montana Department of Natural Resources.
• WEST MOUNTAIN SUBDIVISION/ROAD GATE ISSUES: Present at the meeting, Debbie Johnston, Engineer, Bernie Anderson, construction Contractor, Kirby Christion, Attorney, Keri Willhite, Realtor, Dave Turner, Developer, Travis West, Land Development consultant. Pam Reed, Kate Murray, Clark Fork Chronicle, Tim Read, Mineral County Planner, and Shawn Donavan, Mineral County Attorney. Tim noted that this was posted as a public hearing, but is a public meeting. The developer of West Mountain Estates Subdivision was in to ask the commissioners to approve the installation of large log gates at two of the entrances. The concern is the gates are within 28 feet apart and the right of way is 50 feet. The county has to approve the construction of the right of way. The commissioners approved the request, but will want language put into the covenants that the homeowner association is responsible for any liabilities and maintenance of these gates. The second item was to confirm that Morison Meirle would be the certifying engineer responsible for the road construction to be up to county road specifications. The developers also mentioned they may need to ask for an improvement guarantee if the weather does not permit them to get the improvements done.
• DENNIS HILDEBRANT/SUPERIOR RURAL FIRE DISTRICT-FIRE OUT OF DISTRICT: Present Dennis Hildebrandt, Dennis was in to discuss an issue where the Forest Service requested that the Superior Rural Fire District went on a fire to a structure that was not in the district. The fire was at the home of the Phil Donnally resident. An incident occurred that caused cost to the fire district. The Superior Rural Fire district’s insurance will not pay the deductible, which is $500. The fire was not in a district. Dennis made the decision to send a truck after he had three phone calls from the Mineral County Dispatch Office. Dennis was wondering if the county had a fund to cover this costs. The commissioners would like to make this public knowledge by contacting the newspaper. They made no decision to re-imburse for this cost.
• KATHY JASPER, MINERAL COUNTY CLERK AND RECORDER-GASBY 34: Kathy fill this in what you want this to say.
• JASON MCCLEES-MINERAL COUNTY ROAD FOREMAN REPORT: Jason was in with the road report. The commissioners approved waving an approach permit for a driveway off of Sawmill Gulch to be gravel instead of paved. The driveway is used to access a farm field. Jason and the commissioners discussed general road maintenance issues.
• SAM VICHE-MINERAL COUNTY CUSTODIAN: Present Sam Viche, Sam presented two bids for the replacement of the old lights in the Treasurer and the Clerk and Recorders Offices in the old part of the courthouse. The bids were the following: Forest Grove Electric-$3,390 and Western Montana Electric-$1450. The commissioners accepted the bid from Western Electric.
• SHEEP MOUNTAIN LODGE CHANGE IN TAXABLE VALUE: Present Lois Sherd, Department of Revenue. The commissioner approved an addition to personal property discovered by an audit by the staff at the Department of Revenue. The addition will add $94.28 to the tax dollars.
• CLERK OF COURT-EMPLOYEE HOURS: the commissioners approved a letter to Mineral County Clerk of Court informing her that we will only approve 16 hours per week for her clerk. She will go over in salaries if kept on the track she is on.

The commissioners adjourned.

September 22, 2004

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

• DPHHS COMMUNITY OPERATION PLAN: Present Thorne Johnson, Director of DPHHS Services for Lincoln, Sanders, and Mineral Counties. Thorne went over the changes in the Sanders/Lincoln/Mineral Jurisdictional community operating plan and annual agreement with the commissioners. Thorne reported there are not many changes from last years plan, with the exception of noting there are more barriers in the clients they are serving. The commissioners signed the operating plan and annual agreement for the year October 2004 thru September 2005.
• MINERAL COUNTY FIRE PLAN UPDATE: Present Roger Hearst, Mineral County Fire Warden. Roger was in and reported that in the unprotected areas of Mineral County east of Superior several residents were meeting a discussing how to get fire protection. Roger also reported that the Fire Districts were discussing how to create a Community Fire Wise plan, it will enable us to be able to do timber harvesting around urban areas on Forest Service Land.
• KATHLEEN BROWN EMPLOYEE VALUATION: The commissioners received a 1-year evaluation from Cheryl Demon, Mineral County Clerk of Court, for her employee Kathleen Brown.
• MOUNTAIN HOME ESTATES SUBDIVISION COVENANT CHANGE: Present Tim Read to discuss a proposal given to the county by Richard Barnard to change the covenants. Tim has talked to Shawn Donavan, Mineral County Attorney, he feels we will need to have a public hearing according to the part of the covenant that makes Mineral County party to any change in a covenant of that particular subdivision. Tim will put a notice in the paper.
• JASON MCLEES, MINERAL COUNTY ROAD FOREMAN: Present Jason McClees, Jason went through a list of items that the commissioners approved for him to by. The commissioners approved purchasing new tires for the road grader, an electric impact wrench, and a concrete pad for a waste oil tank.
• JP COURT-WANDA JAMES: Present Wanda James, JP Court, Mark McDaniel, Mineral Independent. Wanda will be getting an extra $9000 from the State and would like to be able to hire her part time staff to be full time. Another proposal is to start a citizen crime advocate fund to help crime victims recover damages done when a crime has been committed on them and costs them an added expense. Currently the state has a fund, but it is a real hard process to recover any costs. After costs are paid for damages the court orders the criminal to pay back the fund. The commissioners need to check with the auditor on changing a budget to ad another employee after budgets have been sent in.
• MONTANA-IDAHO BORDER: Present Denley Loge, Mark McDaniel, and Anthony Fransesconi, DOR . Denley was in to show materials that may prove that parts of the Mineral County and the Shoshone county borders of Montana and Idaho may be different. Maps from the Montana Department of Transportation show it in a different place than the maps the Department of Revenue uses. Mineral County may be losing tax revenues because of the expansions planned at this area. Denley also brought an estimate from Rocky Mountain Surveyors for over $4400 to do a survey on the border. The commissioners would like to research this through the Geological Survey Group to see if this survey would be recognized before proceeding.

The commissioners adjourned.

September 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:

• SHARON GULL, CLERK OF COURT CANDIDATE: Present Sharon Gull. Sharon is the only candidate running for Clerk of Court and had heard from Cheryl Demon, Clerk of Court, that she would be resigning. Sharon is anticipating being appointed if Cheryl retires early in her term. The commissioners cannot do anything about appointing anyone until they get an official notice from Cheryl. Sharon also asked if she could hold a job driving school bus while being in her elected position. The commissioners will have Shawn Donavon, Mineral County Attorney, advises Sharon on this question. Sharon is the only candidate for the position and will likely be elected. Because she is an elected position she is liable for her office, but the commissioners do not feel they can rightly tell another elected official how they run their office except for policy procedures and budgetary authority.
• MOUNTAIN HOME ESTATES HEARING OF ADMENDED COVENANT: Present Tim Read, Mineral County Planning and Sanitation Director. There was no public comment or written comment. The commissioners approved the covenant amendment for the Mountain Home Estates Minor Subdivision.
• RIVER VIEW BENCH MINOR SUBDIVISION PHASE II: Present Tim Read, Mineral County Planner. The commissioners signed the final plat for the River View Bench Minor Subdivision, Phase II. All of the conditions have been met.
• DEPARTMENT OF REVENUE PROPERTY REDUCTION: Present Anthony ????? The commissioners approved a reduction on taxes to Gary Rutherford for a 1972 Flamingo Mobile. It had burned in a fire in 2003 and the previous appraiser did not follow through and delete mobile from tax roll. It will be a change in the tax roll of $83.15.
• CHANGE ORDER FOR MAPS-GIS SERVICE: Present Tim Read, Planner and Sanitarian, the commissioners approved a change order which came from another 179 miles of mapping at $25/per mile for a total of $4475 that was originally projected. Tim believes the extra miles may have come from some roads in the West-end of the county that Hugh Hopwood, Mineral County Sheriff, needed mapped. Tim reported that the road mapping has been completed and that the contractor will be working on updating the data into the software.
• ROAD EMPLOYEE APPLICATIONS: Present Jason McClees, Mineral County Road Foreman, Jason and the commissioners reviewed 13 applications for road laborer. The commissioners will interview 5 applicants that have most of the criteria we are looking for. The pay scale will be between $12 and $14 per hour, depending on experience.
• CLAIMS: the commissioners reviewed claims for the second half of the month of September.

The commissioners adjourned.