MINUTES OF THE COMMISSIONER’S MEETING

November 07, 2005

The meeting of the Broadwater County Commissioners was called to order by Chairman James V. Hohn. Present were Commissioner Elaine M. Mann and Commissioner Steven R. McCullough.

Laura Pfister, Terry Voeller and Jim Beck of State of Montana’s Department of Natural Resources, appeared before the Commissioners to update and inform them of their new program to modernize the Flood Plain Maps with FEMA. Ms. Pfister explained how the project will be handled and said that Broadwater County’s new map should be available in 2007. She stated that the FEMA web site will have updated information. It will use aerial maps with an overlay of the Flood plain areas. She asked the Commissioners if there were any new mapping needs that they were aware of. Chairman Hohn told the group that the Commissioners are investigating the possibility of surveying Broadwater County’s current flood plain areas. He informed the group that the Commissioners have a policy in which no building shall occur in the flood plain areas outlined in the current FEMA maps. However, there have been requests from property owner of flood plain areas to build. He said with the pressures of land development the Commissioners are looking to have the study of the County’s flood plain done. The Commissioners have received an estimate in the amount of $193840. to survey the flood plain area from the Toston Bridge to the Missouri River Bridge. The Commissioners stated that they don’t know if they can wait until 2007 to have current flood plain maps updated. They said that some of County Resident’s that live in the flood plain areas are not covered by insurance as the insurance companies will not cover property located in flood plain areas. One of the residents had a study done in the amount of $20,000. The study showed that his property was actually not in the flood plain area and he was able to build. Mr. Voeller asked the Commissioners to call him if there is an existing building in a Flood Plain area. He said there is an easier process that the property owner could go through than paying for a $20,000 study. He said that if it is a new structure, the property owner has to go through FEMA review. Ms. Pfister informed the Commissioners that there is a grant program that could possibly help toward the County’s study. The grant is due by May, 2006 and if accepted will be awarded in 2007. Ms. Pfister will email a copy of the grant application to the Commissioners. Mr. Voeller suggested that the Commissioners ask for a "limited detail study" to be done. He explained that this may save some money. He will email the Commissioners the criteria of the study. Mr. Voeller stated that DNRC will look at the results of the study and have their engineers review it. They will meet with the Commissioners again next Spring.

Commissioner McCullough moved to approve the claims in the amount of $44656.63. Commissioner Mann seconded the motion. The motion passed unanimously.

Julie Lethert, County Planner, brought the plat for Lambott Minor Subdivision to the Commissioners asking for clarification on whether or not his Mortgage tract could be filed. She explained that she has a problem with the relocation boundary of the plat filed in 2003. She said that she feels it should have been an amended plat She stated that the Assessors office has no record of the boundary relocation and is not assessing the land in accordance with the new boundaries. The Commissioners asked John Flynn, Broadwater County Attorney for an opinion on the matter. After listening to Mrs. Lethert’s explanation, Mr. Flynn gave this example for clarification: If a person owns two parcels, a 30 acre parcel and a 1 acre parcel and has filed a plat in the Clerk and Recorder’s office on both and then decides to make both into one parcel filing a 31 arce plat, there is nothing wrong with that. He see it as a record keeping problem with the Clerk and Recorder’s Office. He said that he sees it as a huge problem for the Clerk and Recorder’s office to tract these types of transactions. Judy Gillespie, Clerk and Recorder, stated that she agrees that there is a problem. She told the Commissioners that not one plat is filed without it going through the Planning Office. She hopes because of that process that these land changes are caught by the Planner. Mr. Flynn suggested that the Clerk and Recorder provides a record keeping procedure to flag when a plat is being replaced by another plat. The Clerk and Recorder should be checking every legal description on each Deed that is recorded. Mrs. Gillespie asked how she and her staff are going to have the time and expertise to comply with Mr. Flynn’s suggestions. Mr. Flynn stated that its not a problem unless a certificate of survey comes in to create a subdivision. Mrs. Lethert said that she will inspect all plats for these types of land tractions and wants to put a note on a filed plat. Commissioner Hohn asked who has the authority to put a note on a filed plat. The Clerk and Recorder asked how she has the authority to refuse the filing of a Deed. John Flynn said that she has to authority to deny the recording if the information is not correct on the Deed. Melissa Tuemmler, stated that the survey creates a picture, the Deed is the legal document that reflects what the survey shows. Mrs. Lethert asked if the Mortgage Tract of Mr. Lambott’s was OK to record. Mr. Flynn said yes. Mrs. Lethert asked for clarification from Mr. Lambott as to why it is a Mortgage tract. Mr. Lambott said because he is building a home there. Mrs. Lethert asked Mr. Flynn if the Mortgage letter was proper. Mr. Flynn told her it was proper.

Mail:

• WIC agreement with Meagher County.
• Copy of ad to Townsend Star regarding comments to Forest Service Roadless Lands.
• Copy of Letter to Dept of Correction from Under sheriff Ben Knaff regarding the back money that is owed to the County for boarding prisoners. Commissioner McCullough said that he feels that the Commissioners need to review the prisoner boarding rate annually.
• Notice from Dept. of Environment Quality regarding the Transfer Station’s burning permit which expired on October 29, 2005.
• Grant notification for Outdoor Recreation.
• A corrected copy of memo of understanding regarding courtsey docks purchased from Rocky Mountain Docks and authorization to start construction.
• Memo from MACO informing the Commissioners of the law pertaining to independent contractors.

Items of Discussion:

• Julie Lethert, Broadwater County Planner, informed the Commissioners that Morning Star Subdivision will be up for final review next week. She said that she and Nichole Brown have come up with a solution to the "cost share formula’ regarding the building and maintenance of road in the newly developing subdivisions at the Three Forks Junction area. They said that based their formula on number of vehicle trips per day. It was suggested that $60 per lineal foot with a payback formula if the construction and maintenance doesn’t cost that much. The intersection at Wheatland Road and US Hwy 287 is a separate issue. The Commissioners took the formula under advisement and will make a decision at the next meeting.
• Judy Gillespie, Clerk and Recorder/Treasurer, reported that a petition from some of the County Employees asking for the day after Thanksgiving off was to be presented to the Commissioners. The Commissioners will make a decision on this matter at the next meeting.

Commissioner Mann moved to accept the minutes of the Commissioners meeting held on 10/31/05. Commissioner Hohn seconded the motion. The motion passed unanimously.

Commissioner McCullough moved to approve the minutes of the Commissioners meeting held on August 22, 2005. Commissioner Hohn seconded the motion. The motion passed unanimously.

Commissioner Mann moved to accept the minutes of the Commissioners meeting held on 10/03/05. Commissioner Hohn sec