March 3, 2015
Commission Meeting
Anaconda-Deer Lodge County
Commission Meeting
6:00 p.m. MARCH 3, 2015
Courthouse Courtroom
Present: Commission Chair Hart, Commissioner Lux-Burt, Commissioner Mulvey, Commissioner Smith, CEO Connie Ternes Daniels, Commission Vice-Chair Vermeire and County Attorney Ben Krakowka.
Others Present: Julie Hoffman, Clerk of Commission and Kathie Miller, Anaconda Leader
Commission Chair Hart called the meeting to order at 6:05 p.m. and the Pledge of Allegiance was recited.
Commission Chair Hart explained the Commission Rules of Procedure.
Approval of Minutes for the Commission Meeting of February 17, 2015, the Commission Work Session of February 24, 2015 and the Commission Special Meeting of February 24, 2015.
Commissioner Mulvey moved to approve the minutes for the Commission Meeting of February 17, 2015, the Commission Work Session of February 24, 2015 and the Commission Special Meeting of February 24, 2015; seconded by Commissioner Lux-Burt.
Motion carried unanimously.
Approval of Claims
Commissioner Vermeire moved to authorize payment of claims numbered 119012 through 119068 with the exception of claim 119014 from Energy West Resources until clarification is received; seconded by Commissioner Mulvey.
Motion carried unanimously.
Reports of Boards, Officials, Committees, etc.
· Commissioner Smith had nothing to report.
· Commissioner Vermeire attended the kickoff meeting for the website. He also attended the Airport Board Meeting and the EPA Five-Year Review Meeting.
· Commissioner Lux-Burt attended the EPA Five-Year Review Meeting. She attended the Georgetown Lake Homeowner’s Association Meeting and Banquet. This afternoon she attended the Uniform Dedication Ceremony for Norma Parks’ late husband, Earl Parks.
· Commissioner Mulvey attended the Western Montana Mental Health Center Board Meeting and attended the Southwest Juvenile Detention Board Meeting via conference call.
· Commissioner Hart attended the Parks and Recreation Board Meeting. He stated that it was a very productive meeting and the board will be following up on the Parks and Recreation Director’s job description. In addition, he attended the kickoff meeting for the website.
· CEO Connie Ternes Daniel attended the EPA Five-Year Review Meeting, the Parks and Recreation Board Meeting and the Uniform Dedication Ceremony for Norma Parks’ late husband, Earl Parks. She thanked Barry Duchene and Lee Burt for their effort in putting everything together.
· County Attorney Krakowka informed the Commission that he and his staff attorneys went to Helena on Monday to attend a sexual abuse and sex crime seminar that centered on different legal angles and investigative methods that are commonly used in these kinds of cases. In addition, he attended the Uniform Dedication Ceremony for Norma Parks’ late husband, Earl Parks.
PUBLIC HEARING
Ordinance No. 230, an Ordinance Adopting and Incorporating the International Building Code 2012, International Residential Code 2012, International Existing Building Code 2012, International Energy Conservation Code 2012, International Fire Code 2012, and NFPA 70 2014.
Commission Chair Hart opened the public hearing at 6:12 p.m.
Commission Chair Hart called for public comment three times. After no public comment was given, Commission Chair Hart closed the public hearing at 6:13 p.m.
UNFINISHED BUSINESS
South Storm Drain System Funding Agreement between Atlantic Richfield Corporation (ARCO) and Anaconda Deer Lodge County
Commissioner Lux-Burt asked County Attorney Krakowka if he had reviewed the agreement.
County Attorney Krakowka stated that he had reviewed the agreement. He reiterated that the agreement does not create any liability with regard to any contaminated soil that may already exist. However, he stated the agreement creates an indefinite time period in which ADLC is responsible for the operation and maintenance of the storm drain system. He stated that if any damage results from the County not maintaining the system, the County would have to indemnify ARCO for those damages.
Wayne Wendt, Road Foreman, stated that the County already maintains the existing system which currently creates issues for other streets. He stated the new system will be easier and better to maintain.
CEO Ternes Daniels stated that this improves the storm drain system which benefits the County.
Commissioner Smith moved to approve the South Storm Drain System Funding Agreement between Atlantic Richfield Corporation (ARCO) and Anaconda Deer Lodge County; seconded by Commissioner Mulvey.
Motion carried unanimously.
Agreement between Anaconda Deer Lodge County and Community Development Services of Montana to Prepare a Comparative Study of Salary and Benefits Received by Law Enforcement Personnel in Montana Communities
CEO Ternes Daniels stated this agreement fulfills an agreement made between Law Enforcement and the County during the last union contract negotiations to conduct a wage survey.
County Attorney Krakowka stated that this has been an issue for some time. He added that the study is the best way to determine if the County needs to take steps to address it.
Commissioner Lux-Burt asked if this study will include Detention Center staff. CEO Ternes Daniels stated that it only includes Law Enforcement.
Commissioner Lux-Burt moved to approve the Agreement between Anaconda Deer Lodge County and Community Development Services of Montana to Prepare a Comparative Study of Salary and Benefits Received by Law Enforcement Personnel in Montana Communities; seconded by Commissioner Vermeire.
Motion carried unanimously.
Water & Environmental Technologies Professional Services Proposal – Informational Technologies (IT) Initial Inventory and System Assessment
CEO Ternes Daniels stated this is an effort to identify the issues within our IT system in order to move forward with IT development.
Commissioner Vermeire moved to approve Water & Environmental Technologies Professional Services Proposal – Informational Technologies (IT) Initial Inventory and System Assessment; seconded by Commissioner Mulvey.
Motion carried unanimously.
Water & Environmental Technologies Professional Services Proposal – 911 GIS Tracking System Transition Plan
Commissioner Lux-Burt stated she is glad to see this moving forward to be done in house and centralized.
County Attorney Krakowka stated this is an essential system not only for Law Enforcement but also for fire and other emergency services. He also stated that the County Attorney’s office utilizes the system when executing search warrants to attach pictures of the house to ensure the officers are serving the warrant on the correct house. He stated he is looking forward to an improved, efficient and well-organized system.
Commissioner Mulvey moved to approve Water & Environmental Technologies Professional Services Proposal – 911 GIS Tracking System Transition Plan; seconded by Commissioner Vermeire.
Motion carried unanimously.
Greenway Service District NRDP Contract No. 600267 Modification 3
Commissioner Lux-Burt moved to approve Greenway Service District NRDP Contract No.600267 Modification 3; seconded by Commissioner Mulvey.
Motion carried unanimously.
Community Pond Project Agreement between Montana Fish, Wildlife and Parks (FWP) and Anaconda Deer Lodge County for Hefner’s Dam Fishing Pond
Commissioner Lux-Burt stated she is glad to see the grant money coming in for this project.
CEO Ternes Daniels thanked Kaitlin Leary for preparing the grant.
County Attorney Krakowka stated he is excited about the project. He added that this project will improve the marketability of our town and that every project, no matter how small, improves our town.
Commissioner Vermeire moved to approve the Community Pond Project Agreement between Montana Fish, Wildlife and Parks (FWP) and Anaconda Deer Lodge County for Hefner’s Dam Fishing Pond; seconded by Commissioner Lux-Burt.
Motion carried unanimously.
Anaconda Local Development Corporation/Anaconda Trail Society Grant Application to Fish, Wildlife & Parks (FWP) Recreational Trails Program (FTP) for Completion of Phase I of the Anaconda-Crackerville Greenway and Request for a Letter of Support
CEO Ternes Daniels clarified that the grant application is being coordinated through Anaconda Local Development Corporation, and they are requesting a letter of support from the County to submit with the grant application.
County Attorney Krakowka reiterated that this is another project that will improve the community and its marketability.
Commissioner Lux-Burt moved to approve Anaconda Local Development Corporation/Anaconda Trail Society Grant Application to Fish, Wildlife & Parks (FWP) Recreational Trails Program (FTP) for Completion of Phase I of the Anaconda-Crackerville Greenway and Request for a Letter of Support; seconded by Commissioner Mulvey.
Motion carried unanimously.
Resolution No. 15-08, a Resolution Establishing a Maximum Load Limit for Highway 569 (a/k/a the Mill Creek Highway)
CEO Ternes Daniels stated this Resolution is necessary in order to ensure Mill Creek Highway remains intact.
Commissioner Mulvey moved to approve Resolution No. 15-08; seconded by Commissioner Vermeire.
Motion carried unanimously.
Resolution No. 15-09, a Resolution to Accept Bid Proposal and List Terms and Stipulations of Sale Property that has been Sold at a Tax Deed Land Sale Auction (for the property located at 400 Chestnut Street; Parcel Code 74000)
CEO Ternes Daniels informed the Commission that when Eric Hoiland, Treasurer, held the auction, none of the bids met the 50% fair market value requirement. Therefore, Mr. Hoiland recommended (via memo which was handed out to the Commissioners prior to last week’s Work Session) that the bids be rejected and a second auction be held. CEO Ternes Daniels requested at this time for the resolutions to be withdrawn.
Commissioner Vermeire moved to approve Resolution 15-09; seconded by Commissioner Mulvey.
Motion carried unanimously.
CEO Ternes Daniels informed the Commission that this bid did not meet the minimum bid requirement of 50% FMV.
Commissioner Lux-Burt asked for clarification of Eric Hoiland’s recommendation.
CEO Ternes Daniels stated that none of the bids met the minimum bid requirement. She stated the minimum bid for this property was $16,200.00. The bid received was $2050.00.
Commissioner Hart asked for clarification from County Attorney Krakowka if there was any corrective action that could be taken to reverse the action just taken by the Commission on this Resolution.
CEO Ternes Daniels stated that if it was truly the Commission’s intention to award the bid that was received on the property it would be appropriate to move on to the next Resolution.
County Attorney Krakowka reviewed Robert’s Rules of Order and informed the Commission that they could make a motion to reconsider their previous action as long as it is done on the same day.
Commissioner Vermeire moved to reconsider Resolution 15-09; seconded by Commissioner Mulvey.
Motion carried unanimously.
County Attorney Krakowka recommended to the Commission that they take action on Resolution 15-09.
CEO Ternes Daniels requested that the Commission table Resolution 15-09.
Kathie Miller, Anaconda Leader: Ms. Miller stated she did not have Resolution 15-09 in her packet. CEO Ternes Daniels informed her that the Resolutions were included in last week’s Work Session packets. She further explained that Mr. Hoiland informed the Commission that the minimum bid requirement would be set at 50% fair market value. CEO Ternes Daniels stated that Mr. Hoiland provided the Commissioners with a memo prior to the start of last week’s Work Session informing them that none of the minimum bid levels for any of the properties were met. He recommended that all properties from the auction be tabled and a new auction conducted. Ms. Miller expressed concern that the Resolution did not list the proper bid information in it prior to the Commission approving it.
CEO Ternes Daniels stated that clearly there may have been miscommunication and a lack of understanding at last week’s Work Session with regard to these Resolutions.
Resolution No. 15-10, a Resolution to Accept Bid Proposal and List Terms and Stipulations of Sale Property that has been Sold at a Tax Deed Land Sale Auction (for the property located at 500 Alder Street; Parcel Code 217700)
County Attorney Krakowka informed the Commission that prior to moving forward with Resolution 15-10 an action must be taken on Resolution 15-9.
Commissioner Lux-Burt moved to table Resolution 15-09 pending further information from Eric Hoiland; seconded by Commissioner Mulvey.
Motion carried unanimously.
Commissioner Lux-Burt suggested tabling Resolution 15-10 pending further information from Eric Hoiland.
CEO Ternes Daniels deemed it appropriate to Resolution 15-10.
County Attorney Krakowka deemed it appropriate to table Resolution 15-10.
Rose Nyman, 121 E. 3rd: Ms. Nyman commented that the wording of the agenda item may have caused some confusion.
Commissioner Lux-Burt moved to table Resolution No. 15-10 pending further information from Eric Hoiland; seconded by Commissioner Mulvey.
Motion carried unanimously.
Resolution No. 15-11, a Resolution to Accept Bid Proposal and List Terms and Stipulations of Sale Property that has been Sold at a Tax Deed Land Sale Auction (for the property located at No Address Listed, Anaconda Deer Lodge County, Anaconda, MT 59711; Parcel Code 3169600)
Commissioner Lux-Burt stated it seemed proper to table Resolution 15-11.
CEO Ternes Daniels recommended tabling Resolution 15-11.
Commissioner Lux-Burt moved to table Resolution No. 15-11 pending further information from Eric Hoiland; seconded by Commissioner Mulvey.
Motion carried unanimously.
Appointment of One Member to the Tri-County Fair Board (1 vacancy to fill the remainder of Norman Johnson’s term through March 4, 2016; 1 applicant – Amanda Amberg)
Commissioner Smith moved to appoint Amanda Amberg to the Tri-County Fair Board to fill the remainder of Norman Johnson’s term through March 4, 2016; seconded by Commissioner Lux-Burt.
Motion carried unanimously.
Agreement between Anaconda Deer Lodge County and Greg and Jeanine Manson to Pay for a New Water Supply System and Abandoning an Existing Well at 304 Fairview Street North contingent upon sewer mains going in as planned down Fairview Street North
CEO Ternes Daniels stated that this agreement should be contingent upon the sewer mains being run down Fairview Street North.
County Attorney Krakowka agreed with CEO Ternes Daniels.
Ed Janney – DOWL stated that the agreement will require that the County issue a permit for the well. Karen Solberg, ADLC Assistant Sanitarian, informed Mr. Janney that the permit cannot be issued until the sewer is in and the homeowner is connected.
Commissioner Smith moved to approve the Agreement between Anaconda Deer Lodge County and Greg and Jeanine Manson to Pay for a New Water Supply System and Abandoning an Existing Well at 304 Fairview Street North contingent upon sewer mains going in as planned down Fairview Street North; seconded by Commissioner Vermeire.
Motion carried unanimously.
Appointment/Reappointment of One Member to the Weed Board (1 vacancy; three-year term – Chad Lanes has applied for reappointment)
Commissioner Lux-Burt moved to reappoint Chad Lanes to the Weed Board for a three-year term; seconded by Commissioner Mulvey.