12-07-10 DRAFT - Anaconda Deer Lodge County

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ANACONDA-DEER LODGE COUNTY

COMMISSION MEETING

6 P.M. TUESDAY, DECEMBER 7, 2010

COURTHOUSE COURTROOM

Present: Commission Chair Warner, Commissioner Lorello, Commissioner Nyman,

Commissioner Pierce, Commissioner Sweeney, CEO Guay

APPROVAL OF MINUTES FOR COMMISSION MEETING OF NOVEMBER 9,

2010, THE WORK SESSION MEETING OF NOVEMBER 9, 2010, THE COM-

MISSION MEETING OF NOVEMBER 16, 2010, AND THE WORK SESSION

MEETING OF NOVEMBER 23, 2010

Commissioner Pierce moved to approve the above-captioned minutes; seconded by Commissioner Nyman.

Commissioner Nyman noted one correction on the November 16 minutes, page 4,

4 th

paragraph, should read ‘all taxpayers’.

Motion carried unanimously.

APPROVAL OF CLAIMS

Commissioner Sweeney moved to authorize payment of claims numbered 103888 through 104096 in the amount of $660,003.17; seconded by Commissioner Pierce.

Commission Chair Warner asked about the road claim for clothing allowance, which was more than budgeted.

CEO Guay stated that new hires were not previously included in the budget amount, but there are sufficient funds to allow for the payment of this claim.

Motion carried unanimously.

REPORTS OF BOARDS, OFFICIALS AND COMMITTEES

Commissioner Sweeney attended an MIP meeting, the AWARE banquet, and the veterans’ fundraiser for J.D. Williams.

Commissioner Pierce attended a SW Montana Mental Health meeting, the

AWARE banquet, and the JD Williams fundraiser.

Commissioner Nyman attended a DUI Task Force meeting where officers presented their side of DUI stops. Judge Welch met with the group the next day regarding the legal issues of DUI.

Commissioner Nyman also had a meeting with a lobbyist for children’s issues.

She also attended a PCA meeting, a meeting with Head Start regarding a possible mill

Commission Meeting

December 7, 2010/page two levy, the Human Resource Council meeting in Butte, today’s Superfund meeting, a Public Health Board meeting, and the public hearing on the Growth Policy.

CEO Guay attended the AWARE corporate congress, met with Gail Mickey of

Head Start for mill levy discussion and today’s Superfund meeting.

Commission Chair Warner attended the meeting with the Head Start Finance

Committee. They are going to recommend going through the Commission for the mill levy proposal.

Commission Chair Warner announced that EPA has released the Focused Feasibility Study.

UNFINISHED BUSINESS

Presentation by MMIA

John Cummings of MMIA recognized Anaconda-Deer Lodge County for its record for the last five years as the lowest loss experience.

Commission Chair Warner commended the employees and residents for their diligence and safety.

Lease Agreement between ADLC, Butte Broadcasting, Inc. and river radio ranch, inc.

Commissioner Lorello moved to approve the Lease Agreement; seconded by

Commissioner Pierce.

Motion carried unanimously.

Stonefly Minor Subdivision – Preliminary Plat

Commissioner Pierce moved to approve the preliminary plat for Stonefly Minor

Subdivision; seconded by Commissioner Nyman.

Commissioner Nyman stated that this is a difficult decision to make in order to respect the owner’s rights and the wildlife rights. The lot sizes are large which makes it a bit easier.

Commissioner Sweeney agreed with Commissioner Nyman. The lot sizes are favorable. It is important to work with conservation groups in developments of this nature.

Commission Meeting

December 7, 2010/page three

Commissioner Lorello agreed as well. We have to meld the property owners’ rights with those of conservation groups.

Debbie DeLong introduced Tim Patterson representing Mr. Spehar.

Lorry Thomas stated that he is disappointed in the way the Planning Board handled this. He is against the development in the area. He is concerned about the Big Hole

River.

Debbie DeLong stated that the setbacks for the Big Hole are 150 feet.

Tim Patterson stated that setbacks will be established during the final plat process.

He assured the Commission there would be no building within 150 feet of the river.

Commissioner Sweeney asked about the pond for fire safety. He does not want the pond stocked with trout.

Motion carried unanimously.

Grant Application from Noxious Weed Department

Commissioner Pierce moved to approve the grant application prepared by the

Noxious Weed Department; seconded by Commissioner Lorello.

Motion carried unanimously.

Lease Agreement between ADLC and Ron Johnson for pasture land on Sunnyside

Commissioner Lorello moved to approve the Lease Agreement between ADLC and Ron Johnson; seconded by Commissioner Sweeney.

Motion carried unanimously.

Award of bid for the Beaverdam Park and Playground, contingent on the approval of the Montana Department of Transportation

Commissioner Pierce moved to award the bid to Swank Enterprises, contingent on the approval of the Montana Department of Transportation; seconded by Commissioner

Lorello.

Motion carried unanimously.

Award of bid for Old Works Trail Extension

Commissioner Pierce moved to award the bid to High Country Paving; seconded by Commissioner Lorello.

Commission Meeting

December 7, 2010/page four

Commissioner Nyman asked about references and whether this is the same company that previously did work in the ADLC.

Planning Director Connie Ternes Daniels stated the engineers feel this is a reputable company. She has limited documentation on references.

Motion carried 4-1 with Commissioner Nyman opposed.

Amended Plat – Opportunity Triangle Industrial Park Subdivision

Commissioner Pierce moved to approve the amended plat for the Opportunity

Triangle Industrial Park Subdivision; seconded by Commissioner Lorello.

Motion carried unanimously.

Request of extension of preliminary plat for the Opportunity Triangle Industrial

Park Subdivision

Commissioner Pierce moved to approve the request for extension for the Opportunity Triangle Industrial Park Subdivision; seconded by Commissioner Sweeney.

Commissioner Nyman asked if motion should include language stating that if an additional year is needed it can be granted.

Commissioner Pierce amended his motion to grant the extension until November of 2012. Commissioner Sweeney amended his second.

Motion carried unanimously

Resolution No. 10-42 Amending the Anaconda-Deer Lodge County Personnel Manual

Commissioner Lorello moved to approve Resolution No. 10-42; seconded by

Commissioner Pierce.

Motion carried unanimously.

DPHHS Contract/Amendment #11-07-5-21-032-0 for WIC Breastfeeding Peer

Counseling

Commissioner Lorello moved to approve DPHHS Contract/Amendment #11-07-

5-21-032-0 for WIC Breastfeeding Peer Counseling; seconded by Commissioner Pierce.

Motion carried unanimously.

Commission Meeting

December 7, 2010/page five

Appointment to Public Health Board (Tammy Lussy vacancy); Dan Haffey, Audrey

Mattson and Marilyn Klanecky have requested appointment [three-year term]

Commissioner Sweeney moved to appoint Audrey Mattson to the Public Health

Board; seconded by Commissioner Pierce.

Motion carried unanimously.

Reappointments to Old Works Golf Course Authority Board/two positions (5-year term); Gene Vuckovich and Rosie McKay have applied for reappointment

Commissioner Pierce moved to reappoint Gene Vuckovich and Rosie McKay to the Old Works Golf Course Authority Board; seconded by Commissioner Sweeney.

Motion carried unanimously.

Reappointments to the Communications Board/two positions (three-year terms);

Phil Hessler and Pat Dunne to the Communications Board

Commissioner Lorello moved to reappoint Phil Hessler and Pat Dunne to the

Communications Board; seconded by Commissioner Sweeney.

Motion carried unanimously.

Reappointment to the Police Commission (three-year term); Kevin Hart has requested reappointment

Commissioner Lorello moved to reappoint Kevin Hart to the Police Commission; seconded by Commissioner Pierce.

Motion carried unanimously.

Resignation of Howard Rosenleaf from DUI Task Force and authorization to advertise vacancy of citizen-at-large position

Commissioner Pierce moved to accept Howard Rosenleaf’s resignation and authorize the advertising of the vacancy; seconded by Commissioner Lorello.

Commissioner Nyman asked for a letter of thanks.

Motion carried unanimously.

Commission Meeting

December 7, 2010/page six

NEW BUSINESS

Agreement between ADLC and the Anaconda Police Protective Association Detention Unit

Commissioner Pierce moved to approve the Agreement between Anaconda-Deer

Lodge County and the Anaconda Police Protective Association Detention Unit; seconded by Commissioner Sweeney.

CEO Guay stated that the County will work on getting their back pay checks on

December 20.

Motion carried unanimously.

Agreement between ADLC and the Anaconda Police Protective Association 911

Dispatchers

Commissioner Lorello moved to approve the Agreement between ADLC and the

Anaconda Police Protective Association 911 Dispatchers; seconded by Commissioner

Pierce.

Commissioner Nyman asked about the clothing allowance, and if the dispatchers wear uniforms.

CEO Guay stated that dispatchers do wear uniforms.

Motion carried unanimously.

Potential funding opportunity for Planning of courthouse restoration

Planning Director Connie Ternes Daniels stated that there is a grant available for the Courthouse restoration. This is for a study for plans for courthouse interior. The application could qualify ADLC for up to $25,000 which is 35% of the project. It needs to be submitted by December 17. She is asking for permission to submit a grant application.

Commission will have the chance to discuss whether to accept the funds. The grant is through Preserve America’s Explore and Enjoy our Heritage.

Commissioner Sweeney moved to authorize Connie Ternes Daniels to write the

Preserve America grant; seconded by Commissioner Pierce.

Motion carried unanimously.

MISCELLANEOUS

Commission Meeting

December 7, 2010/page seven

Street Lights

Commissioner Sweeney asked about the lights. Someone fell on the ice in the dark in the 300 block of Pine Street, and he is concerned about the safety of the residents living in that area.

Kovacich retirement

Commissioner Lorello offered congratulations to Mike Kovacich on his retirement. He has been a valuable employee to the County for many years, and he will be missed.

Courthouse hours

Commissioner Nyman stated that courthouse hours are set to serve the public.

Many people do errands on their lunch breaks, and some Courthouse offices close during the lunch hour. The department head needs to manage the lunch hour schedule. This is also addressed in the personnel manual.

CEO Guay stated that even though there are five employees on staff in the Planning Department, it is unavoidable that sometimes it has to be closed. This also applies to the CEO’s office which sometimes requires both to be gone.

Commissioner Sweeney stated that he thinks that the Planning should be able to manage to remain open.

CEO Guay stated that this may have to be addressed in future budgets.

Personnel evaluations

Commissioner Nyman asked about personnel evaluations, and if they could be handled and organized through Heather Edwards’ new position.

Status of animal ordinance

Commissioner Nyman asked the status of the proposed amendments to the animal ordinance.

CEO Guay stated that it is still in County Attorney’s office for review.

CEO Guay stated that the new Code Enforcement Officer is working with Tom

Williams.

Also, CEO Guay stated that the junk vehicle law has been changed to be able to tow vehicles even though they have a permanent tag.

Commission Meeting

December 7, 2010/page eight

Community Service Coordinator meeting

Commissioner Nyman suggested that a meeting regarding a Community Service

Coordinator be held before Judge Welch retires and include Larry Pahut in the discussion.

Snow removal by the State

Commissioner Nyman received lots of complaints from businesses. She would like to have a meeting with State employees and Larry Sturm.

CEO Guay stated that vehicles parked on Park and Commercial create obstacles to plowing.

Growth policy

CEO Guay stated that the Planning board recommended adoption of the growth policy. She asked the Commission if they would like to conduct a public hearing on December 28 or if they preferred to have a workshop with Bob Horne prior to the public hearing.

Commissioner Nyman said a public hearing in December is not practical. She would like a workshop scheduled.

December 14 meeting

CEO Guay requested that the meeting on December 14 be scheduled for 5:30 p.m. in order to be finished prior to a meeting with the Clark Fork River TAC on the same night which will be in the courtroom at 7 p.m.

AWARE Award

CEO Guay stated that the county received the George Grosbeck Leadership

Award for working with AWARE to help develop their Center for Excellence.

Snow plowing

CEO Guay stated that there have been numerous complaints since the first snowfall, both in favor and opposed to plowing of the streets. Plowing to the center of street is not an option because of safety issues.

One complainant stated that the plow left a bank of snow at her driveway and her car was high centered and she can’t get out of the driveway. Another said that the plows created a berm on the street that prevented him from getting to a parking place in front of

Commission Meeting

December 7, 2010/page nine his house. CEO Guay showed photos and measurements taken by the Road Dept. that indicated the berm was only 4-8 inches deep.

Commissioner Sweeney would like to see emergency snow routes established.

CEO Guay stated the school routes have to be a priority. The Road Department works with a seven-man crew, which includes Supervisor Larry Sturm, and is now operating seven days a week.

There are 450 road miles in ADLC, more streets than the population would suggest.

The road department is doing a good job with the crew they have and the time they have to work.

PUBLIC DISCUSSION

Snow plowing

Leo LaSalle, 709 W. Fourth, addressed the Commission and stated he is the complainant regarding the berm. He presented his own photographs showing that in some places the depth is over 10 inches. When the alley was plowed, the snow was pushed into the street. When the County plows went through, it created a higher berm.

CEO Guay stated that at this time she is not sure if there is any recourse if residents continue to plow into the street. There is no ordinance, but it is being researched.

Mr. LaSalle stated that there is more of a mess created by plowing rather than leaving the snow.

Commission Chair Warner will discuss this situation with Larry Sturm of the

Road Department.

Street lights

Lewis Young, 513 Pine, stated that he is paying his lighting fee, and yet he does not have lights.

CEO Guay stated that the cost is $3.5 million to replace all problem lights. The fee he pays is a fee for all lights in Anaconda. Residents of Tammany St. or Park Street pay the fees even though they do not have the same lights. We need to have additional funds to continue the replacement of lights.

Commissioner Sweeney asked where the electricians are working right now.

CEO Guay stated they are working in this particular area and looking at this now.

Commission Meeting

December 7, 2010/page ten

Planning Director Connie Ternes Daniels stated she has worked many hours studying and applying for grants to pay for restoring the lights in Anaconda.

Mr. Young said sometimes it is better to get rid of bad equipment than to keep trying to repair it.

ADJOURNMENT

The meeting adjourned at 8:10 p.m.

Respectfully submitted,

Sandra L. Wenger

Clerk of the Commission

Neal Warner, Chair of the Commission

Vice Chair Pete Lorello

Commissioner Mark Sweeney

Commissioner Robert S. Pierce

Commissioner Rose M. Nyman

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