Anaconda-Deer Lodge County s1

Anaconda-Deer Lodge County Work Session 7:00 p.m. Tuesday, April 28, 2009 Courthouse Courtroom

Discussion – Northwestern Energy Special Use Permit

Planning Director Connie Ternes Daniels stated that the special use permit went before the Planning Board on April 20 for a public hearing. Staff recommended approval of the SUP with ten conditions. After the public hearing there was a condition added for dust control. There are several members of the public present tonight because of confusion in the dates published. It was hoped that representatives of Northwestern Energy would be here tonight, but weather problems have prevented that. Mr. John Fitzpatrick will be present by phone.

Ms. Daniels explained that there are some concerns regarding screening. The access to this plant will be off Willow Glen Road and not the Mill Creek Highway. A revised plan will be presented showing the buffering plans.

Commissioner Nyman stated that she had a discussion with David Webb regarding a berm and screening and wondered if the Commission could add a condition. Mrs. Nyman stated that she had not known the Commission to add a condition on something like this.

John Fitzpatrick of Northwestern Energy stated that there would be some screening along Wil- low Glen Road. The plant site will be fenced and there will be a complement of security features.

Ms. Daniels stated that the plant is located on the east side of the railroad tracks, and there is a natural buffer with the railroad grade.

Mr. Brian Devon believes that he is the closest neighbor to the plant, stated he is concerned about noise. The brochure states the distance of 1.25 miles from the plant would have a noise level of 55-65 decibels, which is normal conversation. He states that right now he has complete silence.

Mr. Fitzpatrick stated that the sound is a steady hum with no fluctuation. He does not think a berm is a practical solution. He stated that this facility would comply with State, Federal and local regulations. Mr. Fitzpatrick stated he has visited Mr. Devon’s property and taken photographs.

Ms. Daniels stated that the noise issue was greatly discussed at the Planning Board hearing and the only development area in the County that has noise standards is Georgetown Lake. The Planning Department did not believe that noise was a problem. This plant is below those standards, even though the standards do not apply in this situation.

Commissioner Warner stated that he does not believe the 65-decibel level is what will reach Mr. Devon’s property. The chart states that at a quarter-mile, it will project 65 decibels. Going an addi- tional 1 ¼ miles away should drop the noise level more than seven decibels.

Barbara Webb stated that they are about four miles up Mill Creek Road. One of the things to be considered is the fact that they have no noise at the moment. When her dog barks, Mr. Devon can hear it nearly three miles away. They are approximately a half-mile or more from the firing range and when there is someone using the range, ‘you would think they’re at my front door.’ The noise travels in Commission Work Session/April 28, 2009 Page two

‘funny ways’ up Mill Creek. People in the city are used to hearing cars going up and down the road, she can hear all that. They purchased their property for its quiet. She does not hear Mr. Devon’s generator when it’s running, but does hear an underground generator of another neighbor. If that generator were to run constantly, she would have a problem with that. Mrs. Webb stated that currently there is nothing to block the view from the Mill Creek Road to where the towers are. She would suggest that anytime the County builds anything, it will be seen from a distance of a quarter-mile. The Mill Creek Road is as scenic as the Philipsburg drive. There are ‘tons and tons’ of cars that use this road on a daily basis. She would like to see natural landscaping to cover up the buildings.

Mr. Fitzpatrick stated that there would be buffering trees along Willow Glen Road. If trees were planted on the west side of the facility, they would not reach above the top of the railroad berm.

Gene Vuckovich stated that these people do have concerns, but their concerns should not be with the ADLC Commission. They should be addressing Northwestern Energy. The Planning Board followed all the rules set forth by the Commission when it recommended approval. Northwestern has met all those requirements. There is no sound requirement. New laws and regulations cannot be drafted after the plan has been approved.

CEO Guay stated that the County is in the process of re-doing its growth policy, and that will address these issues. But right now they don’t exist.

Mr. Devon stated that the first day Northwestern Energy announced its plans, he called Mr. Fitzpatrick and met with him and has met with the Planning Department. The report stated that there were no objections from the neighbors.

Connie Ternes Daniels stated that the objections noted in the staff report were from the public hearing held on April 20. Mr. Devon has been in the Planning office and they have tried to address his issues and keep him informed. It is important to note that this is an industrial site and has been in the Growth Policy for years. She appreciates the fact that this area is a gateway to the Mill Creek High- way. She uses is frequently. There is a site plan requirement for buffers in the plan, and they will be met.

David Webb stated that he lives not far from the proposed site. He is concerned that the gateway to Wisdom and Big Hole continue to be scenic. This is an important first case in the process of industrial development at this site. This is the time for the County Commission to make sure they get it right. He suggests the Commission add conditions that spell out the landscaping more clearly. He stated that if there is to be dust control, the roads should be paved. He feels the term ‘landscaping’ is vague and should be spelled out more specifically.

Commission Chair Pierce stated that this area is designated for industrial development and that the decibel level of 58 is probably going to be one of the quieter industries in that area.

Commissioner Nyman stated that she believed that there would be dust control for the construction phase of the project. She stated that eleven jobs that are created with this plant and therefore will not have a lot of traffic. Commission Work Session/April 28, 2009 Page three

Commissioner Sweeney asked when the full site plan would be available. Mr. Fitzpatrick stated that it would be as soon as the final engineering plan is complete which would be some time later this spring.

Commissioner Warner suggested that the final site plan includes the word ‘landscaping’ in ad- dition to parking and screening on condition number three.

Item placed on the agenda.

Discussion – Preliminary Plat, Givens Subsequent Minor Subdivision, Jerry Rutledge owner

Debbie DeLong of the Planning Department outlined the request of Jerry Rutledge for a preliminary plat. He wants to gift to his daughter 6.63 and he will retain the remaining 23.17 acres. The Mon- tana Code Annotated states that a property can do a family transfer unless the property has been part of a major or minor subdivision. Since he purchased it as a minor subdivision he has to go through a subsequent minor subdivision. There are six conditions.

Discussion – Preliminary Plat, Amended Plat Tract 4 of Pintler Overlook subdivision; Jim Neustrom, Developer

Planning Technician Debbie DeLong stated that this is the amended plat. Mr. Neustrom purchased plat four of the Pintler Overlook. The only plat of the original five that could be further subdi- vided was Mr. Neustrom’s. In the Georgetown District there cannot be a tract that is less than two acres. He is proposing two tracts: one, which he will use, the other will be for his siblings at a later time. The Planning Board is recommending approval with eleven conditions. Condition number nines states that that the Georgetown Lake Volunteer Fire Department has asked for ‘cash in lieu of a cis- tern’ of $2500 per lot. The fire chief of GLVFD stated that he would settle for one payment of $2500 for both lots. Mr. Neustrom is currently going through DEQ for well and septic.

Discussion – Sunset Meadow Major Subdivision, Preliminary Plat; Jim Anderson, Developer

Planning Director Connie Ternes Daniels stated that the Planning Board is recommending approval of this Preliminary Plat with fifteen conditions. This is a phased subdivision with the first phase being six lots and the remaining ones to follow in five to eight years. Ken Jenkins of Montana North- west Company outlined the project. Fairview St. South and Fairview St. North currently exist but with ‘dead ends’. They will be completed as cul-de-sacs. The road department is satisfied with that solution. They are asking for a three-year approval on the first phase of the project.

Item placed on the agenda. Commission Work Session/April 28, 2009 Page four

Discussion – Professional Services Agreement with Robert Peccia and Associates, Inc. for engineering services for infrastructure planning and development for the Mill Creek Industrial Area

Planning Director Connie Ternes Daniels stated in the scope of work from Robert Peccia & As- sociates in coordination with the engineering firm, there are a few minor wording changes. The cost of the contract is $381,854.81 for this final design, bid and construction phase. They are attempting to find some grant funds to assist in this project.

Discussion – Anaconda-Deer Lodge County Tax Increment Financing Industrial District No. 2 Request for Modifications from the TIFID Board No. 2

Planning Director Connie Ternes Daniels stated that at a meeting of the TIFID Board No. 2 (Mill Creek) that included the bond underwriters and bond counsel, it was discussed that the proposed power plant should be included within the TIFID No. 2 District. Ms. Daniels stated that rather than being an autonomous board, it should be more advisory to the Commission. If the Commission agrees with the suggestions and proposal, a meeting should be scheduled with the school board.

Gene Vuckovich stated that when the TIFID No. 2 Board discussed, there was concern about the ability to sell bonds, if the power plant were excluded from this project.

Carl Nyman stated that this is very important to the community, especially doing the water and sewer lines to that area at the same time. By including the power plant in the district, it will facilitate the development and make us more competitive.

CEO Guay stated that she would contact Dr. Darnell and arrange for a meeting, or to be put on the agenda for the next school board meeting. The next scheduled school board meeting would be May 13. It may not be necessary for all Commissioners to attend the meeting.

Discussion – Beaverdam Park/Trailhead Project Update

Planning Director Connie Ternes Daniels discussed the results of a questionnaire that was sent to the property owners in Opportunity regarding the proposed park. Fifty-seven were returned: 8 wanted the old school building preserved; 44 prefer the demolition because of the cost; 36 wanted to sal- vage bricks from the building to incorporate in the new design; 9 wanted all new materials. Seven were returned as undelivered. There will be another meeting in Opportunity to discuss the results of the questionnaire. Ms. Daniels is still waiting for the final report from the appraisers prior to the purchase. There are two independent estimates for asbestos abatement and they are very similar.

Commissioner Nyman stated that it would be nice if the recycled bricks could include some of the architectural details from the school building. Commission Work Session/April 28, 2009 Page five

Discussion – Agreement for Services with Judie Tillman

CEO Guay stated that that the County has had previous work done by Judie Tillman, and based on that experience, the County has asked her to develop a program for the restoration of the Court- house. There has been some money accumulated and some matching funds are needed. Ms. Tillman will work on that project at a rate of $43 an hour not to exceed $5000. She will do an analysis of the current funding and what matching funds are needed, and to get the grant agreements in place, grant writing, and a total funding plan.

Planning Director Connie Ternes Daniels distributed an overview of the current existing funds for the courthouse restoration [copy attached] and explained how the matching funds related to grants received.

MISCELLANEOUS

WASHOE PARK FOUNDATION

Commissioner Sweeney stated that he is meeting with the Washoe Park Foundation to discuss the hiring of a grant writer for NRD grants that could be used for Washoe Park.

ATTENDANCE AT BOARD MEETINGS

Commissioner Nyman stated that they have had difficulty getting a quorum for Board of Health meetings. A review of previous minutes does not reflect which members have been in attendance, or those who have not attendance. CEO Guay stated she would advise all boards to include attendance reports of the meetings.

HB 645

Commissioner Warner explained how he became part of the discussion involving Representa- tive Villa and any compromise on the proposed stimulus money for ADLC. He stated that he had a discussion with the County Attorney and the Deputy County Attorney today and he needs to provide addi- tional information. Commissioner Warner stated that he was not working with Mr. Villa on the bill, but was in the Art Center office when a telephone call was received from Mr. Villa, and the call was placed on ‘speaker’. Mr. Villa told Commissioner Warner that he would forward some information, which was the proposed resolution, letter and press release. Any comments in the press release attributed to Commissioner Warner were not made by him.

Commissioner Lorello stated that he was not part of the discussion at the Art Center and did not make any of the remarks that were attributed to him, as well. He contacted The Leader and the Stan- dard and stated that if they printed anything related to that press release, he wanted them to contact Commissioner Warner for clarification. Commission Work Session/April 28, 2009 Page six

Commissioner Warner stated that the last word he received was that HB 645 has been amended with the Street Light Improvements line item.

CEO Guay stated that HB 645 has passed the legislature and is on the Governor’s desk. She said we owe a vote of thanks to Senator Jesse Laslovich and Representative Cynthia Hiner for their support on this matter, as well as other members of the House who worked to support ADLC.

Gene Vuckovich stated that he is relieved to hear that no Commissioners had actively partici- pated in discussions with Representative Villa. He, too, discussed this with the County Attorney because the proposed press release was very upsetting.

Commissioner Nyman reiterated that it is important that all discussions have to be held at the Commission meetings and the Commissioners need to be open and honest with the public and the press.

ABSENCE FROM OFFICE

CEO Guay stated she is scheduled for training in Billings for three days next week, and if her health permits, she still plans to attend.

SWINE FLU

Commissioner Chair Pierce noted a Special Meeting for the Local Emergency Planning Com- mittee is scheduled for Wednesday, April 28, at 1:15 p.m. at the ALDC to discuss the swine flu issues.

CEO Guay stated that the State public health office and Bill Converse, the DES Coordinator are keeping the County informed. Supplies are being ordered.

Meeting adjourned at 9:01 p.m.

Respectfully submitted,

Sandra L. Wenger Deputy Clerk of the Commission Robert Pierce, Chair of the Commission

Commissioner Neal Warner Commissioner Pete Lorello

Vice Chair Mark Sweeney Commissioner Rose M. Nyman