Description Middle Cottonwood Board of Adjustment September 19, 2006
Date 09/19/2006 Location Middle Cottonwood BOA
Time Speaker Note
4:45:04 PM Acting Chair Clarice Dreyer Called to Order. Middle Cottonwood Board Members Present: Introductions of Amelia Kelly and John Brown. Barbara Keller and Donald Wahl were not present. Gallatin County Staff Present: Planning Director Jennifer Madgic and Recording Secretary Crystal Turner.
4:45:47 PM County Planning Director Jennifer Madgic Comments to the Board about not making decisions since they were not properly noticed.
4:46:06 PM Discussion between Jennifer Madgic and Clarice Dreyer.
4:46:25 PM Acting Chair Clarice Dreyer I would like to make a motion to hire Art Wittich as our counsel to represent the Middle Cottonwood Board of Adjustments.
4:46:55 PM Amelia Kelly Second
4:47:09 PM County Planning Director Jennifer Madgic Advice and discussion that notice of the agenda was not published for any decisions. Discussions are allowed, but notice for any decisions need to be publicly noticed two weeks in advance, per state statute.
4:48:03 PM Anson Krutcher Comments on County Attorney's office and how the Board needs to proceed with their appeal to the Montana State Supreme Court.
4:49:12 PM Discussion between Anson Krutcher, Jennifer Madgic, Amelia Kelly, Clarice Dreyer and John Brown.
4:57:04 PM Motion passed unanimously.
4:57:45 PM Acting Chair Clarice Dreyer Other Business
4:57:57 PM Amelia Kelly Noted Clarice Dreyer's (not published) agenda item to discuss the petition the County Commissioners to fund the appeal.
4:58:22 PM Board discussion.
4:58:52 PM Amelia Kelly I'll make a motion to approve the minutes of August 2 meeting the next time the Board meets.
4:59:01 PM Board discussion including Jennifer Madgic. Comments and discussion on how to notice meetings and creation of agendas, statutory requirements. Stated they [the Board] never knew they were being sued, didn't know they had a hearing, and feel they are not getting any support [from the County]. Amelia Kelly read into the record a copy of MCA 2005 7-1-201 Boards (c) that she pulled off the MCA website, "The resolution creating an administrative board, district or commission, must grant the board, district or commission all powers necessary and proper to the establishment, operation, improvement, maintenance, and administration of the department or district." Requests to see in writing anything contrary to that. John Brown asked if there are provisions for holding emergency meetings. Amelia Kelly also read again
from MCA: (#11), "A majority of members constitutes a quorum for the purposes of conducting business, and exercising powers and responsibilities. Action may be taken by a majority vote of members present and voting, unless resolution creating the board, district or commission specifies otherwise." (#13), "An administrative board, district or commission shall provide by rule for the date, time and place of a regularly scheduled meeting and filed the information with the County Commissioners." (#16), "A resolution creating an administrative board, district or commission must contain, if applicable, budgeting and accounting requirements for which the board, district or commission is accountable to the county attorneys." Amelia Kelly read into the record MCA 2005 2-3-203 Meetings of public agencies and certain associations of public agencies to be open to the public - Exceptions #4, "Except as provided in such Section 4 may immediately be closed to
discuss the strategy to be followed with respect to litigation, when an open meeting has a detrimental effect on the litigating position of the public agency." Referenced letter Clarice Dreyer sent dated 8-2-06.
5:12:09 PM Acting Chair Clarice Dreyer Second
5:12:14 PM Board discussion.
5:12:56 PM Motion passed unanimously.
5:13:07 PM Plan another meeting. Purpose would be to discuss whether or not to petition the commissioners to fund the appeal, and to discuss whether or not to solicit private donations to fund the appeal, need to elect a chair and vice-chair, and approval of minutes from August 2, 2006. Jennifer Madgic reminded the Board of the Gallatin County Planning Board's hearing next week to discuss/recommend to the County Commission for a consolidated Board of Adjustment for the entire county. Try to meet before 10-2-06. Jennifer Madgic suggested 5 p.m. on 9-26-06 for the next Board of Adjustment meeting, but cannot set this date for sure yet.
5:22:21 PM John Brown I move that we adjourn the meeting, immediately.
5:22:25 PM Amelia Kelly Second
5:22:29 PM Motion passed unanimously.
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