Anaconda-Deer Lodge County
Commission Work Session
6 p.m. August 23, 2011
Courthouse Courtroom
Present: Commission Chair Pierce, Commissioner Lux-Burt, Commissioner Nyman, Commissioner Sweeney, Commissioner Warner (6:07), CEO Guay
Discussion: Major Development Permit 11-01 Open Cut Mining Permit for HollowBonneville
Debbie Delong, Planner II, stated this is a request for expansion of the current six-acre
gravel operation to nearly 40 acres. Hollow Contracting has used the six acres and needs space to
expand. It is located across from Mill Creek Power Station. The request before the Commission
is the addition of 30 acres.
Hollow is going to add an asphalt plant operation with seven employees on site. There is
an approved weed management plan. Six residents are in the area, with the nearest approximately 3 miles away. There is no impact on public services and there are no wells on site other than a
suppression well for dust mitigation or fire protection. Hollow will be required to enter into a
dust mitigation plan with the Road Supervisor.
Planning Board unanimously approved with original ten conditions.
Commissioner Nyman noted that Hollow Construction does not have a business license
and probably has not had one since 2007. Hollow did not show up for a scheduled court appearance on August 18. The Deputy County Attorney advised that the issue between Hollow and the
DEG is a separate issue from the one before the Commission. Commissioner Nyman feels there
is a credibility issue and it should be cleared up before the permit is issued.
Commissioner Warner stated the dumping ground has been an issue for a very long time.
Debbie DeLong said the site of the dumping is not part of the 30 acres, but is on part of
the remaining 90 acres.
Commissioner Warner stated that it is his understanding that Hollow was using that as a
dump site many years ago. There is a lack of accountability. He has already expanded the area
and is now asking permission to do so.
Planning Director Connie Ternes Daniels stated that there are several issues regarding the
open cut permit. Mr. Horne and the county attorney agree that the issues are not related to the
permit at hand. The DEQ issues the actual permit. This is all part of them getting into compliance.
Carl Nyman stated that last fall there was a problem with the Gilman pit expansion. They
tried to learn from that experience. When Hollow purchased the property they also agreed to perform remediation. EPA will hold ARCO responsible for that. Stockpiles will be required for
treatment and amendment to the soil. There is not a timeline right now.
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August 23, 2011/page two
Commissioner Warner stated that Anaconda-Deer Lodge County is fortunate to have an
abundance of gravel. Hopefully, it can help provide jobs in Anaconda.
Mike Lasher of Hollow Contracting addressed the Commission and stated that two existing two gravel pits are historical gravel pits. It is illegal dumping that has occurred. Mr. Hollow
has been in touch with the Code Enforcement Division of ADLC and has until the middle of
September. The existing permit is in place for six acres. There is a soil amendment with that
permit. They will do the same amendment with the proposed acreage. He has a meeting with
ARCO tomorrow.
Commissioner Warner stated the f the dumping pit has not been properly reclaimed.
Mr. Lasher stated that part of the permit request will include crushing cement from the
dumping pit.
Commissioner Nyman asked if the cost of the business license is the same for a contractor. What about the cost of past years where a business license was not applied for?
CEO Guay stated the Commission could ask them to pay for lapsed business fees, but she
is not familiar with the terms of the ordinance.
Item placed on the agenda. Commissioner Nyman stated she does not agree. The application should have these issues resolved before it is placed on the agenda.
Discussion: Agreement between Anaconda-Deer Lodge County and International Union of
Operating Engineers, Local 400
CEO Guay advised the Commission that she has found additional revenue generated by
the TIFID District. She does have an obligation to bargain in good faith with all bargaining units.
She believes with the infusion of additional Mill Creek funds, there are sufficient funds to include a small wage increase. The agreement before the Commission is the operating engineers
and reflects a 2% per hour increase and 2% for 2012. It also increases the clothing allowance,
and the pension contribution to $2.75 plus $.10 in 2012. The union has ratified the agreement.
Commissioner Lux-Burt noted that the contribution for library services is$2400 per year
and will be paid by the County now.
CEO Guay stated that for many years, the engineer has received a stipend from the library for services at that location. He stated he would like to have it included in his base wage to
improve his pension. The library would still be paying the same amount.
Item placed on the agenda.
Discussion: Request by Jack Standa to Amend Wind Energy Land Agreement and Option
CEO Guay introduced Peggy Beltrone from Xergy to speak on behalf of Mr. Standa.
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August 23, 2011/page three
Ms. Beltrone, President of Exergy Development Group stated they have entered into an
agreement to be the lead developer to bring wind power to Anaconda. In the original agreement
with Pintler Power, the land identified was ‘C’ Hill and they are now looking at other properties.
CEO Guay stated the tower in question is currently on ‘C’ Hill. EPA has requested that
we consider moving that tower over to Stucky Ridge. If this amendment is approved, Mr. Standa
and Exergy will assist in moving that tower.
Item placed on the agenda.
Discussion: Cooperative Fire Control Agreement between the State of Montana and Anaconda-Deer Lodge County
Steve Jorgensen said this is an update of the agreement with DNRC and ADLC.
Item placed on the agenda.
Discussion - Cooperative Equipment Agreement between Department of Natural Resources
and Conservation Forestry Division
Steve Jorgensen said this is an update of the current agreement.
Item placed on the agenda.
Discussion - Special Event Permit for Car Wars
CEO Guay explained that this is a request from Dee Motors for a car sale that takes place
at Benny Goodman Park September 8-10. We do not have certificate of insurance at this time,
but as soon as it is received, it will be provided to the Commission.
Commissioner Sweeney asked that a walk-through be conducted with Pat Huber to identify sprinkler heads.
Item placed on the agenda.
Discussion: Solid Waste Disposal Agreement
CEO Guay stated this contract is good for one year with a one-year extension clause. No
rate increase this year, but could possibly have one next year. The cost is $52 per household in
ADLC, or about $300,000 annually.
Big Hole has a transfer station where waste is hauled to Dillon.
Item placed on the agenda.
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August 23, 2011/page four
MISCELLANEOUS
Knapweed
Commissioner Sweeney noted that knapweed is prolific this year, and the County and its
residents need to stay up on that.
Commissioner Lux-Burt said that the West Valley has a problem with common mullein
as well.
Decayed property
Commissioner Lux-Burt stated that she met with the Code Enforcement Officer and has
learned that the property that was recently cited in Opportunity is cleaned up.
Landfill transfer station
Commissioner Warner stated he had a conversation with someone in Helena regarding a
refuse transfer station in Anaconda. What we currently have is a container station. He would like
to have a refuse transfer station outside the landfill gate. There is no need for it to be staffed. He
believes it would be a deterrent to having trash dumped on the roadsides in the county.
CEO Guay stated that at last week’s meeting she said that ADLC has shipped 3000 tons
from our transfer station to Butte in the last year. The correct figure is three tons.
Road repair
Commissioner Warner noted that the road along Warm Springs Creek where millings
were piled has been graded and oiled. He gave his appreciation to the Road Department.
Angle parking ordinance
Commissioner Nyman stated that she expected the angle parking draft on agenda for tonight.
CEO Guay stated she can schedule a public hearing for September 13.
Negotiations
Commissioner Nyman asked if the canceled negotiations have been rescheduled. CEO
Guay stated that a new meeting has not yet been scheduled, but will be shortly.
Parliamentary Procedure
Commissioner Nyman stated she has some concerns about a parliamentary procedure issue. She has been unable to find it in Robert’s Rules of Order or to locate anyone with
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August 23, 2011/page five
knowledge on the issue. Her question is, if the chair is late arriving to a meeting, does he/she assume duties immediately or does the vice-chair continue through the item under discussion?
During a recent public hearing she had laid down the ground rules and the late-arriving chair did
not know what they were.
Commissioner Sweeney stated he is also concerned about the procedure on this issue. He
suggested that as a commission they could establish that if the chair is late, the vice chair continues at least until a break point when the chair could resume the meeting.
CEO Guay suggested it be on the agenda for two weeks to make a policy.
2011-2012 Budget
CEO Guay advised the Commission that they should recycle the packet of budget material they received yesterday. Today, the Treasurer and CEO found that additional revenue from
the Mill Creek TIFID calculations would be available in calculating the next budget cycle.
Consequently, with the additional funds, she is proposing to allocate about 25% to the
general fund, 32% to law enforcement, 16% to dispatch and 26% to the jail. This means that by
the end of this (2011-2012) fiscal year, law enforcement funds should be back to a zero balance.
She is recommending that any potential layoffs now be avoided. Her next proposal will include a
2% increase for non-union employees. The only downside is that property taxes will return to
last year’s previous levels. Next year she would hope that the County will be back on a better
footing; if we continue to receive the revenue it may allow the reduction in the number of mills.
New copies of the proposed budget will be available tomorrow. None of the other expenditures other than wages have been changed.
Commissioner Nyman asked if the proposed distribution of the revenue will continue in
the years ahead. CEO Guay stated that hopefully they will not.
Commissioner Lux-Burt stated she would hope that future revenue could include a ‘cure
for potholes’.
Commissioner Sweeney commended the CEO and the Treasurer for the work done on the
budget and finding solutions to the current problem.
CEO Guay stated she would like the committee appointed to discuss the shortfalls in law
enforcement to continue to meet in order to discuss what to do with the jail. She would like dates
for a meeting and perhaps an accountant or management firm be invited to look at the expenditures and the building and how to save the jail.
Sympathy to Governor Schweitzer
Commissioner Pierce stated he would like a sympathy card be sent to Governor Schweitzer upon the death of his mother.
PUBLIC DISCUSSION
None offered.
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ADJOURNMENT
The meeting adjourned at 7:20 p.m.
Sandra L. Wenger
Clerk of the Commission
Robert S. Pierce Chair of the Commission
Vice Chair Rose M. Nyman
Commissioner Neal Warner
Commissioner Mark Sweeney
Commissioner Elaine Lux-Burt