June 18, 2007 Regular Session of the County Commissioners
The Board of Commissioners, in and for Beaverhead County, Montana, met in
session on June 18, 2007, at 9:15 a.m. Present: Chairman Garth Haugland,
Commissioner Mike McGinley, Commissioner Tom Rice, and Secretary Patti Odasz.
The minutes of the June 11, 2007 meeting were read and the following motion
was made:
MOTION: Commissioner Rice moved and Commissioner McGinley
seconded that the minutes of the June 11, 2007 meeting
be approved. A verbal vote was taken and the motion
carried unanimously.
Road Manager Richard Miller joined the meeting and submitted the Road Report
for June 10 – 16, 2007.
Dillon Area
 Work was done on the Bannack Road project: hauling of gravel, widening of
road, building of parking lots.
 Nissen Lane, Carter Creek Road, Sweetwater Road, and Stone Creek Road
were watered and dust abatement was applied.
 A cattleguard on Lima Dam Road at mile marker 23 was cleaned.
 The crew attended a safety meeting.
 Carter Creek Road, Sweetwater Road, Nissen Lane, and Stone Creek Road
were bladed.
 Equipment was serviced and repaired.
Lima Area
 The South Valley Road and Big Sheep Creek Road were bladed.
 Big Sheep Creek Road was rock raked.
 A cattleguard on Lima Dam Road at mile marker 23 was cleaned.
 Local area roads were checked.
 Equipment was moved to the Big Hole.
 The crew attended a safety meeting.
 Equipment was serviced and repaired.
Wisdom Area
 Twin Lakes and Gibbonsville Road were bladed.
 A culvert was installed in Jackson.
 The crew attended a safety meeting.
 Equipment was serviced and repaired.
A letter has been received from Fish Biologist Dick Oswalt about the bridge
across Governor Creek on Minor Lake Road being too small. The water is backing up
and forming a pool that it is eroding the road to the west.
Southern Montana Telephone is installing 130 miles of fiber optics and copper
line through the Big Hole, the Grasshopper, and Horse Prairie that will tie in on Carrigan
Lane. The project will be started this week or next week. Maps of where the lines will
run were reviewed. Richard just found out about this project and will be meeting with
Southern Montana Telephone representatives next Wednesday to get more details.
Richard will keep Weed Supervisor Jack Eddie informed about this project because of
weed control.
In anticipation for doing an Rural Improvement District, Engineers from Stahley
Engineering will be developing estimates for the drainage, graveling and/or paving of
the roads in the Hildreth 2 Subdivision.
An invoice from last March for replacement of a windshield in Snowden’s car has
still not been paid. A rock from a snowplow was thrown through the windshield.
Richard has not heard from the insurance on this matter. Jamie is researching this
invoice. Richard will make sure the invoice is paid.
The Commissioners reviewed pictures of the Scenic Byway in front of Zimdars.
Portions of this road are breaking up and discussion ensued as to the reason why this is
happening. Next year when a contract is being let for another portion of the road,
Richard will have this section fixed.
Since Richard Nickish built his new house here is water puddling on Main Street
in Wisdom because the water cannot drain into the field.
Richard stated that the streets in Jackson and Wisdom all need work.
Richard will measure Steel Creek Road from the state land cattleguard to the
Forest Service boundary and estimate the amount and the cost of gravel and or
crushed gravel for this portion of road. Richard left the meeting.
Deputy County Attorney Kurt Steadman joined the meeting. Paul Rebich has
contacted Kurt about wanting the County to declare Small Horn Canyon Road a County
road. Lengthy discussion ensued. The Commissioners agreed that they don’t want this
road as a County road.
The native plant park has been contoured and plants have been planted. There
is $37,000 left in the budget. Kurt has talked to Economic Development Corporation
Representative J.S. Turner and it was decided that the initial front entrance would be
concrete, and hard surfaced trails would be constructed. When these projects are
completed, the budget will be reviewed again. Kurt has heard nothing further from the
Forest Service regarding this project.
Kurt will write the complaint against Larry Woodcock and then will give it to Marv.
Kurt left the meeting.
Chairman Haugland recessed the meeting at 12:00 p.m. for the lunch break and
at 1:30 p.m. the meeting was reconvened with all Commissioners and Secretary Patti
Odasz present.
Acting Planner Scott Marsh, Claudia Karchut, Harriet Allen Eric Simon, Scott
Simon, Art Hopkins, Patrick Sandon, Connie Burnett, Lisa Tash, Paul Oldynski, Todd
Tash, Developer Jerry Waller, Engineer Don Alley, Planning Board Vice-chairman Don
Darling. KDBM Reporter Lee Squires, and Dillon Tribune reporter Barb Bauerle joined
the meeting. The purpose of this meeting was to review the Stonehouse Road
Preliminary Plat and to take action on said plat.
MOTION: Commissioner Rice moved and Commissioner McGinley
seconded that there be discussion on the preliminary plat of
the Stonehouse Minor Subdivision and that it be conditionally
approved with all 16 conditions.
Scott stated that this subdivision came before the Planning Board last Thursday
and that eleven of the neighboring landowners testified against this Subdivision. The
main concern was that there would not be enough water for another four houses. At the
hearing Mr. Simon had a concern that the mixing zone from Lot W4 in the proposed
subdivision would affect his well. Engineer Don Alley redrew the drainfield layout in
question. Sanitarian Larry Laknar feels that this redrawing is satisfactory. All of the
water and sanitation issues of this Subdivision have to be submitted to the Montana
Department of Environmental Quality (DEQ) along with all the comments from the public
hearing. Scott further stated that the 1993 Legislature deleted Public Interest from the
criteria the Commissioners can use to approve or disapprove a subdivision. Sections A
– F in the Staff Report are the only things the Commissioners can consider in making
their decision. After much discussion at the Planning Board hearing, the Planning
Board voted 4 to 3 to disapprove this subdivision. At this time Scott read the Staff
Report and Planning Board Recommendations. This report is as follows:
STONEHOUSE ROAD MINOR SUBDIVISION
FINDING OF FACTS, STAFF REPORT, AND PLANNING BOARD
RECOMMENDATIONS
June 18, 2007
BACKGROUND
This proposed four-lot minor subdivision is located in the SE ¼ of Section 14,
Township 7 South, Range 10 West adjacent to Stonehouse Road and approximately ½
mile north of Mt. Hwy 278.
Parcel 3 of C. O. S. #397, the parent parcel is 22.63 acres in size. This proposal
will create four lots (2 -1.34 acre lots and 2 -1.42 acre lots) and leave a reminder of
17.11 acres where the owners have their residence.
There are numerous residential homesites in the immediate area on tracts
created thru certificates of survey. Adjacent to and directly west of this proposal is the
Valley View Minor Subdivision. This subdivision platted in 1994 created five 5+-acre
lots.
The owners of record are Gerald and Deborah Waller.
FINDINGS OF FACT
The preliminary plat and supplemental information has been reviewed to
determine whether or not this proposed subdivision complies with the Montana
Subdivision and Platting Act, the Beaverhead County Subdivision Regulations, and the
Beaverhead County Growth Policy.
In accordance with state law, the Planning Staff makes the following proposed
Findings of Fact, based on local government review criteria as set forth in Section 76-3608 MCA (2005) and the county subdivision regulations:
a) Effects On Agriculture
Residential tracts border this proposal on 3 sides. Harrington Ranches have
dryland pasture across the road to the east. This parcel is not currently being used for
agricultural purposes and has little value as ag-ground.
It is not expected that this proposal will have an effect on adjacent agricultural
activities.
b) Effects On Agricultural Water User Facilities
There are no irrigation ditches or structures located on this property. Therefore,
there should not be any effect on adjacent agricultural water uses.
c) Effect On Local Services
Beaverhead County will provide solid waste disposal, law enforcement, and road
maintenance of Stonehouse Road, the primary access road for this proposal.
Fire protection will be provided by Fire District #2 (Dillon Vol. Fire Dept.).
Subdivision regulations require a 5,0000 gallon water supply and developed site for this
four lot minor subdivision. The developer’s engineer has met with Fire Chief Scott
Marsh, and the submittal packet indicates that a 5,000-gallon storage tank will be
installed. At this time there has been no information provided that shows how and who
will maintain the tank and fill-site.
Beaverhead Ambulance out of Dillon will provide emergency medical services.
School District #10 provides bus transportation for students in this area to the
elementary and high schools.
A possible long-term impact to local services would be the lack of an approved
maintenance plan for the fire suppression.
d) Effect On The Natural Environment
There are no creeks, streams, or water bodies on or near this proposal.
Vegetation on-site currently consists of scattered dryland grasses and sagebrush. This
area is located in the “rain shadow” of the East Pioneers and is very arid and dry as
reflected by the vegetation.
A three-year noxious weed management plan will need to be submitted to the
Beaverhead County Weed Board with the appropriate review fee. This plan will need to
be approved by the Weed Board as a condition of plat approval.
No adverse impacts to the natural environment are anticipated as a result of this
proposal.
e) Effect On Wildlife And Wildlife Habitat
This tract of land is not an area that possesses important wildlife habitat.
Previous development and homesite construction is this area has already affected the
use of these lands by antelope and mule deer.
There will be little if any impact on wildlife or wildlife habitat from this four-lot
proposal.
f) Effect On Public Health And Safety
There are no known man made hazards located on or near this proposed
subdivisions site.
The threat of wildland fire is always a possible natural hazard in these rural
residential areas. The presence of an all weather water supply on-site will mitigate the
impact not only on-site, but for adjacent neighboring properties.
This proposal must undergo review for sanitation and drinking water from the
Montana Department of Environmental Quality.(M.D.E.Q.).
This review and approval will be a condition of preliminary plat approval.
Background nitrate levels from an adjacent well measured 7.25 mg/L. This does
not exceed the federal standards for drinking water (10-mg/L), but does exceed the
M.D.E.Q. minimum standards for allowable concentration of nitrogen at the end of a
drainfield mixing zone (5mg./L).
The Administrative Rules of Montana has an “exception” that accepts an
allowable concentration at the end of the mixing zone of not greater then 10mg/L when
the background level exceeds 5 mg/L.
The concerns for public health would not be the adjacent properties since the
allowable limit in the M.D.E.Q. administrative rules still complies with the Federal
standards. The concern would be with the elevated levels present (naturally occurring)
in the groundwater for these new properties. Although they are high, they still are less
then the Federal drinking water standards of 10 mg/L.
Well logs in the area indicate well depths ranging from 130 ft. - 230 ft., and
pumping from 10- 20 g.p.m.
LEGAL AND PHYSICAL ACCESS
Legal and physical access to these four lots in provided by Stonehouse Road, a
county maintained public road.
The existing driveway will be constructed for a short distance to county
subdivision road standards (approximately 30 - 60 ft). The two end lots, W-1 and W-4,
will be serviced by a 30 ft. wide driveway easement. The road right-of-way will be 60
feet wide and will be retained by the Wallers.
UTILITIES
Both power and telephone service is available to the four lots.
PARK DEDICATION
No parkland dedication is required for this four lot minor subdivision.
CONFORMANCE WITH THE GROWTH POLICY
The four proposed lots do not have value as agricultural lands. This area is safe
of natural or man made hazards and is an area that has a number of existing residential
homesites already. These existing residential lots are all in the 5 - 20 acre size range.
These lots will be the smallest lots in the area, but there are no land use regulations (i.e.
zoning) or covenants on this parcel that dictates minimum lot sizes.
At this time, there are no covenants proposed for these four residential lots.
With M.D.E.Q. review and approval required for sanitation, the requirements for a
weed management plan, and a fire suppression water supply on-site, this proposal will
generally comply with the overall goals and objectives of the Growth Policy.
VARIANCE REQUESTS NEEDED
No requests have been submitted.
STAFF RECOMMENDATION:
Based on the Findings of Fact and information from the Beaverhead County
Sanitarian, the Beaverhead County Planning Staff recommends approval of the
preliminary plat of the Stonehouse Road Minor Subdivision subject to the following
conditions:
(Standard Conditions)
1.
Montana Department of Environmental Quality (DEQ) approval for water, sewer,
and storm water drainage needs to be obtained prior to final plat approval.
2.
A Beaverhead County septic permit must be obtained prior to any new
construction requiring sanitation on this lot.
3
D.E.Q. approved drainfield and well locations shall be staked with steel posts or
rebar on each lot to avoid confusion during septic permitting and homesite
construction.
4.
At the time of occupancy, the entrance to these lots shall be clearly marked with
an address sign that complies with the Beaverhead County addressing
ordinance.
5.
Certification by a licensed title abstractor showing the names of any lien holders
or claimants of record against the land and the written consent to the subdivision
from lien holders or claimants of record against the land.
6.
Any and all adopted State and County requirements and standards, which apply
to the proposed subdivision, shall be met, unless otherwise waived for cause by
the governing body.
7.
The final plat shall be submitted to the County Planner by the developer with the
appropriate review fee to ensure compliance with all conditions prior to the
approval by the County Commission and recording by the Clerk and Recorder.
8.
A noxious weed management plan will need to be submitted to the Beaverhead
County Weed Board and approved by them prior to final plat approval. A letterof-credit will be required as part of their approval process.
9.
The owners, heirs, successors, purchasers, and subsequent landowners waive
the right to protest the creation of a Special Improvement District, or Rural
Special Improvement District to provide improved public services to these
parcels. This waiver is binding, and will run with the lands included in the
subdivision and will be clearly stated on the final plat.
(Site Specific Conditions)
10.
The internal subdivision road is a private road and will need to be maintained by
the property owners in the subdivision and the remainder parcel. This language
shall be included on the face of the final plat.
11.
The access road needs to be named. The road name must be approved by the
Rural Addressing Coordinator and the name shall appear on the final plat.
12.
In the absence of a Homeowners Association for the Stonehouse Road Minor
Subdivision, the owners of the remainder Parcel, their successors, heirs, and
assigns shall be responsible for the upkeep, maintenance, and any repairs of the
fire suppression water supply tank and the associated fixtures. The Dillon
Volunteer Fire Department will have unrestricted use of this water supply for fire
suppression, training and testing. This commitment shall be stated on the face of
the final plat with a signature blank signed by the developer.
13.
That portion of the subdivision road that needs to be constructed to service these
four lots will need to be constructed to Beaverhead County Subdivision Road
standards and certified as built to these standards by a licensed professional
engineer when completed.
14.
Language shall be added to the face of the final plat that all household pets shall
be restricted to the lot owners property or be under the lot owners direct control
at all times.
15.
Based on the high background nitrate levels in the drinking water it is
recommended (not required) that the individual water supply systems be tested
yearly to monitor nitrate levels, or install a treatment system on the water supply
to lower the nitrate levels.
16.
(Condition added by the Planning Board) A set of covenants will be filed with
the final plat that at a minimum address: junk vehicles, junk in general, outdoor
lighting, and that household pets need to be confined to the lot owners property
and that no more then 2 dogs per lot are allowed. A property owners association
shall also be created to enforce the covenants.
Public Comment during the Planning Board’s review of the Stonehouse Road
Minor Subdivision on June 14, 2007 included:
Todd and Lisa Tash:
Concerns were expressed about the addition of 4 more wells
and septic systems in this area. Questioned if there is adequate
groundwater.
Scott Simon:
Mr. Simon’s well is approximately 10 feet from the property line
and near one of the proposed drainfield plumes which is shown
as extending onto the Simon property near his well in the
submittal packet. Concerned about impact on his well.
Also stated that this proposal will destroy the peace and quiet
and rural atmosphere of the area.
Later in the meeting the developer’s surveyor submitted a
revised lot layout showing a new drainfield and well location for
lot 4 that Sanitarian Larry Laknar thought would address Mr.
Simons concerns.
Scott Sandon:
Mr. Sandon stated that rural lands should stay rural, doesn’t
want to see these 10 -20 ac. lots divided, aesthetic concerns.
Also has water quantity concerns.
John Leneger:
Mr. Leneger stated that he has lived on Sage Drive since 1999
and that his well is currently only pumping 5 ½ g.p.m. and the
water quantity has gone down since he moved there 8 years
ago. His property is west and up gradient from the proposal.
Also stated that one of his neighbors well is 4 g.p.m.
Connie Burnett:
Ms. Burnett is a 15-year resident in the area and is very upset
about junk vehicles on another property in the general area, and
junk in general. Also have had problems with Mr. Waller’s dogs.
Her well level has dropped and the water pressure has dropped
over the years.
Paul Oldynski:
Mr. Oldynski was concerned with the junk on Mr. Waller’s
property; dog problems and that water availability may not be
adequate.
Todd Tash:
Mr. Tash was concerned with the high nitrate levels (over
5mg/L). Concerned about in the drinking water in the entire
area.
Art Hopkins:
Mr. Hopkins stated he has a 130 ft. well and cannot water is
lawn due to low volume. His well once tested 15 mg/L for
nitrates.
Eric Simon:
Mr. Simon asked the Board to consider a verifiable fact that the
drainfield plume on lot 4 of this proposal extends on to the
Simon property as well as the 100 ft. circle on the proposed well
location for lot 4.
* Note:
Summary:
Both of these issues most likely were later addressed by revised
lot layout for lot 4 presented by Mr. Waller and Anderson
Engineering.
Primary concerns were with the problems of existing water
quantity high background nitrate levels. A lot of problems with
junk and dogs were mentioned.
Several comments also focused on the small lot sizes proposed
and the desire to maintain the rural open character of the area
with large lot sizes.
Other comments questioned the staff report on the impact on
wildlife stating that there are antelope and deer in the area.
Action by the
Planning Board:
The motion to approve the Stonehouse Road Minor Subdivision
with conditions (including #16 added by the Planning Board)
failed on a 3 -4 vote.
The preliminary plat approval is for a period of not more than three calendar
years from the date of approval by the County Commission. The applicant may request
a time extension of preliminary plat approval, but such request must be received prior to
the expiration date of this approval for due consideration of the request to occur.
_______________________________________
Rick Hartz, Planner
Dated
Beaverhead County
______________________________________
Garth L. Haugland, Chairman Dated
Beaverhead County Commission
Jerry Waller asked to address some items brought up at the public hearing.
He stated that the homes would be stick built and that under State and County
regulations two-acre lots cannot be re-subdivided. In regards to the dog issue,
Condition #14 requires the owners to contain the dogs. Jerry does not feel it is
necessary to have covenants, but if the Commissioners feel it is necessary, he would
write covenants and include establishing a Home Owners Association (HOA). As to the
comments at the hearing about junk vehicles, the vehicles he has on his property are
restoration projects and construction equipment. Jerry is addressing the problems with
his dogs by reinforcing his fence.
Patrick Sandon:
Thought the HOA was supposed to be for existing neighborhoods
to address existing problems. It makes no sense to have a
subdivision without covenants. Commented this subdivision would
affect agriculture and wildlife. Wanted to know who determined
what effects this subdivision would have on agriculture and wildlife.
Scott Simon:
Feels that this subdivision was sprung on everyone very quickly
and there was no chance to address the issues. Antelope go
through the property all the time and also give birth there.
Harriett Allen:
Asked if the 5,000 gallon tank was off of Jerry’s well or on another
well?
Scott Marsh:
Answered that the Fire Department fills the tank the first time. It is
up to the owners to keep the tank full. If the Fire Department does
use the water, the Department has to replace it.
Connie Burnett:
She thought Jerry was told to remove the junk cars but this has not
happened. How does she know that the junk vehicle law is being
enforced?
Todd Tash:
There has been problems with Jerry’s dogs harassing horses on
property that Todd rents outs. After trying to politely discuss this
with Jerry, Todd told him that he is going to advise his renter that
the dogs could be shot if they are harassing livestock. Jerry stated
that if the horses got out he could shot them.
Eric Simon:
Jerry has trouble administering his own property, how can he be
trusted to administer the subdivision and the fire suppression tank.
There are no guidelines or restrictions on the administration of the
fire suppression tank.
Scott Marsh:
Stated that Condition #12 addresses the fire suppression tank issue
and that he, as fire chief, is comfortable that this matter is
addressed sufficiently.
Harriett Allen:
Asked if the power lines would be underground.
Jerry Waller:
The power to the back of his property is overhead; the power to the
front of the property is underground. The power to the four lots
would be underground.
Scott Simon:
Asked about subdivision of the remaining 17 acres.
Chairman
Haugland:
If the remaining 17 acres were to be subdivided, this subdivision
would be reviewed as a major subdivision.
Lisa Tash:
Asked if the wells run try, who will pay the bill if they have to re-drill
the wells. Lisa was referred to DEQ.
Paul Oldynski:
Voiced his concern about the dog issue. Anything can be written
into the covenants, but falls on law enforcement to enforce. The
County has no dog control ordinance.
Summary:
The primary concerns were the water, dogs, and junk vehicles.
There was discussion about the criteria the Commissioners have to follow to
approve or disapprove a subdivision. There are no facts based on law that allow the
Commissioners to disapprove the subdivision.
Don Darling explained that the people in this area could apply for and with
approval of 51 percent of the people living in the area obtain area zoning. Don urged
the people to pursue area zoning.
The Commissioners urged the people to submit their written comments to DEQ.
The Commissioners were asked what recourse the people had to the
Commissioners decision and were told they would need to file a suit in District Court.
MOTION: Chairman Haugland called for the vote. The motion carried
unanimously.
The people in attendance regarding this Subdivision left the meeting.
Butte Division Manager of Northwestern Energy Len LeVeaux, Manger of Special
Projects for Northwestern Emery Tom Pankratz, Director of Electric Transmission
Operations for Northwestern Energy Ted Williams, Northwestern Energy Representative
Chris Obenauer, Power Engineering Representative Kevin J. Everett, County Road
Manager Richard Miller, and Weed Supervisor Jack Eddie joined the meeting.
Northwestern Energy is proposing to build and operate a new 500kV
transmission line between southwestern Montana and southeastern Idaho. The line’s
main purposes will be to meet requests for transmission service from customers and to
relieve constraints on the high-voltage transmission system in the region.
The
Commissioners were shown a map with two proposed routes. The line would extend
350-390 miles, be constructed of lattice steel towers and tubular steel self-supporting
towers, would have an average height of 110 to 130 feet, would require a right-of-way
width of 220 feet, and would average a span of approximately 1,500 feet between
towers. No route has been selected at this time. There has been no large scales
transmission line in Montana since 1980. The estimated cost of this project is 800
million dollars. The project would provide tax base, jobs, and economic development
for the counties that it goes through. There will be detailed environmental studies done
on this project. The Montana Department of Environmental Quality, the USDA Forest
Service, and the BLM will all be involved in this project. Discussion ensued.
Northwestern Energy is having an open house in Dillon on Tuesday, June 26, 2007, in
the Search and Rescue Building from 6 p.m. to 8 p.m. The Commissioners were urged
to attend this meeting. Any questions that are received from the counties will be
answered and put on the website. Jack stated that he is concerned about weeds and
wants to be involved in the weed issues on this project. Jack was assured that he
would be contacted and involved in this project. Jack, Richard, Kevin, Ted, Len, Tom,
and Chris left the meeting.
Public Health Nurse Sue Hansen, and Barrett Hospital CEO Steve Hannah
joined the meeting. Sue is working on salary components of the budget. An inventory
of public health items will be completed and then a decision will need to be made as to
what items were purchased with what funds. There was discussion about the mill levy
monies and what time periods the County was paying. Next week, Commissioner
McGinley will meet with Sue and Hospital CFO Dick Achter about this matter.
The Life Line Contract will now be with the County and the County will do the
billing for this service.
The Hospital is having an ice cream social for Public Health on June 26, 2007,
from 1:00 p.m. – 2:00 p.m. on the lawn of the Public Health building.
In its next publication the Barrett Hospital Foundation will be doing an article on
the transition of public health. The Dillon Tribune will also do an article on this topic.
Sue has been working with Dan Compton from Blue Moon Technologies to get
Public Health on the County’s email. The Hospital is providing the Internet Service.
Commissioner McGinley gave Sue the NACO prescription discount cards to
distribute to anyone that does not have insurance coverage for prescriptions. Sue and
Steve left the meeting.
Chairman Haugland went over the day’s business with the news media
The Commissioners reviewed and approved the June 10-16, 2007 invoices for a
total of $148,874.45. The Invoice Payment Schedule is located in the Financial
Administrator’s Office.
There being no further business to come before the Board, the meeting was
adjourned at 5:00 p.m.
Attest:
Approved:
Clerk of the Board
Chairman of the Board