MARCH 2005 COMMISSIONER MINUTES

March 7, 2005

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

· MONTHLY RC&D MEETING: The commissioners hosted the monthly RC&D Meeting. The main agenda item was a presentation from Teri Wellings from the Montana PTAC, which focuses on helping Montana business in receiving government contracts. Business must be located in a HUB Zone or an area with high unemployment. For complete minutes contact the Mineral county Extension Office.

• BUDGET AUTHORITY RESOLUTION NO 03-07-05: the commissioners passed Resolution 03-07-05, which allows for the appropriation of monies received by Mineral County from the State of Montana Home Buyers Grant to assist homeowners in the purchase of a home. The amount is for $21,750.00 and will be appropriated to Fund #2944.
• LIBRARY BLDG. - The commissioners approved installation of a porch light for the library building to be placed by the helpline entrance.
• MINERAL COUNTY SHERIFF ISSUES: Present Hugh Hopwood, Mineral County Sheriff. Hugh was in to report that the 97 Ford Explorer, (car #2) was no longer usable. He is trying to figure out how to get another Explorer; he is going to check on some lease returns with less than 20,000 miles on them. No decision was made. Hugh also reported on the radio station in St. Regis that the High School is running, Hugh would like to find a source of money in the county to help them update the watts so it can be used in emergency situations. Hugh is also going to check with some of the DES program.
• RESOLUTION 03-07-05B- The commissioners passed this resolution allowing for a special deputy county attorney to be appointed to assist in the prosecution of case in District court. This was at the request of our county attorney.

The commissioners adjourned

March 8, 2005

Commissioners B.J. McComb and Judy Stang met in regularly scheduled session. The commissioners conducted the following business:

· UNIVERSITY OF MONTANA – (CSP) Campus Sustainabuildity Committee

Denyse Dunham – UM Student & Jason Brininstool – UM Student The committee is trying to get the University to purchase lumber from local mills for building projects. The committee is looking for sponsorship and letters of support from the commissioners to the committee.

· COOPERATING AGENCY WORKSHOP

Present: Kevin Chamberlain, Sharon Patterson, Jim DeBree,

The commissioners invited the public and the forest service to go through the steps required to acquire Cooperating Agency status. The commissioners felt there was some confusion in what the Mineral County Advisory Group felt that was required vs. what the forest service was requiring. The commissioners have contracted with Noel Williams to write a letter detailing the requirements needed to attain Cooperating Agency Status. Noel Williams will be representing the commissioners in forest service issues.

· LPFM RADIO STATION IN ST. REGIS

Present: Marlys Schwaderer, Hugh Hopwood – MCSO, George Gupton Marlys presented a proposal for a radio station that local people can access the radio station remotely for announcements and emergencies. She is requesting $6000.00 for a 150-watt transmitter and a decoder. They are currently using a 35-watt transmitter. The commissioners will explored the possibility of Title III funds for the equipment. The commissioners will need a proposal and a plan presented.

· ROAD DEPARTMENT – JASON MCCLEES

Jason came to inquire about the job applications for Mechanic. The county received 5 applications.

· MJPT (Montana Joint Powers Trust)

Present: Vern Petersen – MJPT Administrator, Noel Williams

Mr. Peterson was asking if the county has any questions, problems or suggestions on how MJPT can better serve the health care plan.

· SLOWAY & RIVERS EDGE RECOMMENDATIONS

Present: Tim Read - Sanitarian Tim went over these two subdivision proposals with the commissioners. No decision, just an update

March 16^th, commissioners spent the day in Helena discussing the DNRC land trades with the USFS and the Alberton Gorge land exchange. Present at the meeting is Mary Sexton, DNRC director, Bob Storer

March 23, 2005

A regular meeting of the Mineral County Commissioners was held on March 23, 2005 in the Commissioners Meeting Room. A quorum being present, the meeting was called to order at 9:00am. Present: James Warnken, Judy Stang, and B.J. McComb.

· CEDAR CREEK SUB-DIVISION SEWAGE – ANARITA BOTELHO

Present: Anarita Botelho

Ms. Botelho is proposing the County take action against her neighbor, Mr. Hodge for not having a septic system. The Commissioners agreed to follow-up on this issue.

· NOEL WILLIAMS – CONSULTING CONTRACT

The Commissioners approved the Consulting Contract retaining Mr. Williams to represent Mineral County in Forest Service issues including Cooperating Agency Status.

· SLOWAY FLATS & WATER’S EDGE – PUBLIC MEETING

Present: Tim Reed – Sanitarian, Ricky L. Hagedorn – Land Surveyor, Robin & Bryan Foster, Developers

The Commissioners approved the Preliminary Conditional Plat Approval for Sloway Flats Minor recommended by the Mineral County’s Planning Board. The commissioners’ approval contained the following changes from the Planning Board’s recommendation:

1. A road easement width of 55 feet instead of 60 feet.

2. Payment in Lieu of Parks changed to the most recent reality transaction instead of assessed value.

Sloway Flats Minor Subdivision –Brief discussion about the easement and whether it is public or not. The commissioners approved the Variance Request for the Water’s Edge Subdivision and the Preliminary Plat Approval for the Water’s Edge Major Subdivision.

· BUDGET AUTHORITY RESOLUTION 03-23-05

The commissioners approved Budget Authority Resolution 03-23-05 appropriating 3059.00 from the Mineral County Health Department for flu vaccine that they sold to increase the Mineral County Heath Departments budget.

· MCRAG – MOU (Memorandum of Understanding) REVIEW

Present: Noel Williams – Mineral County Representative, Dennis Hildebrand, Alan Amborn, Jim DeBree, and Mike Byrnes

The Mineral County Resource Advisory Group (MCRAG) group presented a Memorandum of Understanding (MOU) to the Commissioners. The MOU

· GOVERNMENT REVIEW STUDY COMMISSION – MEMBER REPLACEMENT

Present: Dennis Hildebrand, Alan Amborn, Jim DeBree, and Mike Byrnes

The Study Commission requested that the commissioners appoint Peggy Podolak. to replace Pam Reed on the Study Commission. It is the responsibility of the commissioners to appoint any new member to the Study Commission. An add for interested applicants is in the newspaper

· BUDGETARY AUTHORITY RESOLUTION NO. 03-23-05B

The commissioners approved Budget Authority Resolution 03-23-05B appropriating $5000.00 of grant monies received by Mineral County from the State of Montana for the Fund 2960 Disaster.

· CLERK OF DISTRICT COURT

Present: Sharon Gull – Clerk of District Court

The commissioners approved Sharon to renew her District Court Clerk Certification. Sharon requested that the County pay the Warm Springs bill but not out of the District Court budget. The private party requested that the County Atty. have the person committed. B.J. McComb will present the bill to the Mental Health Board to try to get the bill reduced.

· CEDAR CREEK BRIDGE – TSEP PROJECT

Dan McCauley – Entranco

Dan McCauley presented the details for the Cedar Creek Bridge TSEP Project including the amended scope of services, the amended additional compensation and the schedule of billing rates. The commissioners will review the material presented and follow up as required.

· LAKE COUNTY COMMUNITY DEVELOPMENT

Present: Kevin Chamberlain, Jim DeBree, and Vince Rubino – Exec. Director, Lake County Community Development, Billy Lee – Regional Manager, Western Rural Development.

Discussion of rule development needs and funding of Mineral County were included. The County would like to bring in, three-phase power, DSL and out of town investment to combine with County funding. A planning grant would be used to develop an overall economic development plan.

· LOAN COMMITTEE – OUTSTANDING LOAN

Present: Kevin Chamberlain - Staff, Jim DeBree - Member, Sharon Patterson - Staff, Shaun Donovan - Member, and Katheryn M. Bailey - Public. Absent: Billy Ann Bricker - Member

Bal. Due: $6126.66, Last Payment: Jan. 25, 2005 for $225.00 Total Payments made to date: 11. Ms. Bailey will turn over any restitution from the vandalism to the county and resume payments on May 1, 2005. Ms. Bailey will sell the remaining inventory from the store and the proceeds will go toward the balance of the loan. Shaun will draft a document for the restitution proceeds and a new note reflecting the new agreement. The commissioners approved the agreement.

Shaun will draft a letter to Bailey’s Post and Pole regarding the loan agreement and what the county expects from Mr. Bailey because the loan is in arrears.

The commissioners adjourned

March 31, 2005

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

· ROGER HEARST- FIRE COUNCIL, Present Roger Hearst, Mineral County Fire Marshal. Roger was in to request his $11,000 for fire prevention on private lands in the urban interface. The commissioners had already approved up to $12,000. Roger will fill out a claim and the commissioners will approve it. The commissioners will hold public comment. The moneys have been approved out of Title III moneys.

• ERNEST HUNTON-AIRPORT: Present Ernst Hunton, Mr. Hunton was in to inquire about improvements at the Mineral county Airport. The commissioners were hoping the airport board would come up with a new plan that addressed the hangers and where new building will be. The commissioners will write the airport board members and ask them to get this process done.
• REVIEW OF MEMORANDAN OF UNDERSTANDING: present Jim DeBree – MCRAG Member, Dennis Hildebrand – MCRAG Member, Alan Amborn – MCRAG Member, Noel Williams – Retired, Mike Byrnes – MCRAG Member. The commissioners went over the proposed MOU to be included in our letter requesting Co-operating Agency Status. The commissioners approved the draft to be included in the request letter to Rob Harper, Ranger Superior District.
• LAZY H ACRES MINOR SUBDIVISON: Present Tim Read, Mineral County Planner and Sanitarian. Tim was in to go over the planning boards recommendation on this subdivision. The final preliminary approval will be on the commissioners agenda April 13^th, 2005. this is for information, no action will be taken.
• MAPS CLAIM: ($863.20) The commissioners approved a claim from Mapping and Planning Specialty. The claim is for atlases and maps to be created. The monies will be from Title III.
• CDBG (COMMUNITY DEVEOPMENT BLOCK GRANT) GRANT: Present Tim Reed. Tim was in to discuss with the commissioners the time it would take for the county to use its own resources to apply for a CDBG grant to hire consultants to establish a Mineral County Growth Policy. The commissioners feel it will take too much time for Tim to try and get the grant application in April 2005. the commissioners approved signing a contract with Dave DeGrandpre of Land Solution.
• LOCAL GOVERNMENT REVIEW COMMISSION BOARD APPOINTMENT: Present Dennis Hildebrand, the commissioners received on applicant for the local government review board. The applicant is Peggy S. Podolak. The commissioners appointed Peggy to the Government review Commission to replace Pam Reed.
• WEST-END RURAL FIRE DISTRICT / DISPUTE WITH MANGOLD ENTERPRISES: Present at the meeting (see list) Shaun Donavan, Mineral County Attorney, called this meeting to discuss the dispute with the West-end Fire District and the Mangold Enterprises. This dispute is over a contract and our insurance will not cover any legal fees or settlement fees. Shaun invited the West-End Fire Department to discuss what a settlement amount would be. The Mangolds are asking for a $15,000 settlement. The fire department members want to go to court, so the decision was tabled.
• USFS-CAMELS HUMP HAZARD TREE REMOVAL: Present Eric Barclay, Roger Kesting, Ron Schlader, all USFS employees from the Superior Ranger District. The USFS will be cutting down dead timber along the Camels Hump Road R/W. the District would like the County to agree to a Memorandum of Understanding for who is responsible for what during the time of operation. The commissioners would like to review the contract before signing. The responsibility for safety and any damage to county road is with the USFS, which would be our concern. The District will bring a draft copy for the commissioners to review.
• SCHEDULE A- ROAD AGREEMENT WITH THE USFS: Present Ron Schlader, Eric Barclay, Roger Kesting, Superior Ranger District. The district just needs to set a date when we can go over the Schedule A agreement for road responsibilities of the Forest Service and Mineral County. The commissioners have set April 20^th, 2005 at 3:00PM for the meeting.
• SPECIAL USE PERMITS WITH THE USFS/ST. REGIS PARK & LOGE TRAIL(CONSERVATION DISTRICT): Present Ron Schlader, superior ranger district. Ron was in to inquire if the county would sign a 10-year special use permit for the use of forest service ground at the St. Regis Park. Ron would also like to include the LOGE TRAIL in that permit. The commissioners would be happy with a 10 year permit, but would like to see Ron go to the Park Committee and the Soil Conservation groups and see if they can agree on who will be the managing entity of the permit. Ron will attend both a meeting of the park committee and the soil conservation and come back to the `commissioners with a proposal.

Claims and Payroll written for the month of March were as follows:

Claims Payroll

$72,462.33 $121,014.03

A complete list of claims and payroll can be seen in the Clerk and Recorders office.

The commissioners adjourned

MINERAL COUNTY COMMISSIONERS

James S. Warnken, Chairperson

Judy A. Stang, Member

B.J. McComb, Member

ATTEST:

Katherine Jasper, Clerk and Recorder