MINUTES OF COMMISSIONER’S MEETING

January 09, 2006

Chairman James V. Hohn called the regular meeting of the Broadwater County Commissioners to order. Commissioner Steven R. McCullough and Commissioner Elaine M. Mann were present.

Chairman Hohn stated that it was time to reorganized the Board of Commissioners. Nominations were open. Commissioner McCullough nominated Chairman Hohn to remain as the Board Chairman. Chairman Hohn declined the nomination. Commissioner Mann nominated Commissioner McCullough as the Board Chairman. Commissioner Hohn seconded the nomination. The motion passed unanimously. Commissioner Hohn nominated Commissioner Mann as Vice Chairman of the Board. Chairman McCullough seconded the nomination. The motion passed unanimously.

Bob Masolo, Road Department Supervisor, appeared before the Commissioners to report on his Department’s activities. The following is a list of those activities:

Julie Lethert, Broadwater County Planner, presented the Commissioners with the results of the Dunbar Road Feasibility Study conducted by Morris-Mairle Inc. The Study states that the road is buildable within the 60 ft easement along the existing Dunbar Road with the exception of the highest point of the hill going to Mountain Vista Subdivision. Costs associated for a 18" sub base is $410,040 or $76.50 per lineal foot based on a minimum 28 foot gravel road. Actually exceeds the County road standards which call for a 6" base. The Commissioners are concerned about the cost of the project. Commissioner McCullough stated that as additional subdivision come into being, they might pick up some of the costs. Commissioner Mann is concerned about the Road Improvement Plan and the Road Maintenance Plan. Mrs. Lethert asked the Commissioners what was causing their delay in making a decision on the Dunbar Road petition since the feasibility study has been done. Commissioner Hohn responded to her by stating that just because the study has been done doesn't mean that the County has the right to start the road construction. He said that the filing of the petition indicates to him that the County does not own the right of ways. These right of ways would have to purchased from the property owners. He is not sure that this would be fiscally responsible as it would cost the rest of the taxpayers of Broadwater County a lot of money. The Commissioners will refer the Dunbar Road petition to an Attorney.

Joe Dixson, Developer of Mountain Vista Estates, appeared before the Commissioners to discuss access to his subdivision. Mr. Dixson stated that he is not pulling out of the Dunbar Road petition but that Nolan Murphy has sold an easement to him so he now has legal access to his property. Mr. Dixson has contact a road builder who told him that his proposed road will be situated better than Dunbar Road. The road builder would like to start on the road immediately. Donald Schauber is concerned about the possibility of 2 or 3 engineers working the Wheatland Road. He stated that Rolling Glen Ranch Developers have turned the road project over to DBEK. Mr. Dixson stated that Wheatland road is getting worse all the time. He would like to be able to cut in the road or take off the asphalt. The Commissioners told him to contact Bob Masolo, Road Foreman, to get his approval. The Commissioners would like to see the Developers come to some sort of agreement on costs and construction plans.

Alan Wright, Broadwater County Citizen, was unable to attend the meeting but Tim Ravndal took his place regarding the roadless area petition. Mr. Ravndal presented a map of Confederate Gulch and White's Gulch. These areas have high potential for mineral development and could create a economic impact if it were a roadless area. Mr. Ravndal said that the information will be submitted to the Governor by March 2006.

Kim Candela’s road approach permit was reviewed. Commissioner Hohn moved to approve the permit. Commissioner Mann seconded the motion. The motion passed unanimously.

The old Jail excavation was discussed. Sparrow Constuction needs to send a copy of their independent contractor’s license. The follow language will be reflected in the contract: 10% of their payment will be held back until the work is completed and approved. with a 30 day payment based on work completed within 10 days of execution and 90 days completion date. A penalty of $500 a day will be accessed if the work is not done by the end of the contract.

The Planning Board appeared before the Commissioners to present their recommendations for Subdivision Review Fees. Those in attendance from the Planning Board were: Jorja Hensley, Brad Campbell and Jerry Bodmer. Brad Campbell prepared a spreadsheet showing the current fees. The Planning Board couldn't agree on what the fees should be so they decided to step back and take a look at the costs. They will work with the Planner and staff to come up with the costs. He said once they have some firm costs they will meet with the Commissioners. Commissioner Mann stated that she would like to have figures to substantiate the Planning Board's recommendations. Commissioner McCullough told the Planning Board that he hopes that they don't lose the window of implementing the fees. Commissioner Mann asked if the Commissioners can approve a resolution to collect fees retroactive. The Commissioners will check with the County Attorney to see if that would be proper. Jerry Bodmer feels that the Commissioners will have the backup data for their decision of increasing the fees once the costs have been determined. Julie Lethert asked if the increase in fees would allow a Planner to be hired. She told the Commissioners that her Planning duties are taking up 80% of her time. Commissioner McCullough said that he feels that the hiring of a Planner should be independent of the increase of fees. Commissioner Mann feels that at this point in time a full time Planner is needed. She said that she feels that a Planner could be told that the job may turn into a part time job if the subdivision process falls off in the future. Commissioner Hohn and Commissioner McCullough stated that turning a full time job into a part time is not an easy thing to do and would never fly. Commissioner Mann stated that she feels the taxpayer is not getting the full benefit of their tax dollar by not having a full time Planner. Commissioner Hohn asked if what she was saying is that the Planning position is not handling things correctly. Commissioner Mann stated that Julie feels that she doesn't have the expertise. Mrs. Lether reiterated Commissioner Mann's statement. On another note, Julie Lethert asked if the Commissioners would appoint new Planning Board members at their next meeting. Jerry Bodmer read a written statement to clarify his comments made on November 21, 2005. He stated that his comments were as an individual not as a Planning Board Member. He stated that he feels leadership is part of taking a stand for the betterment of the citizens. He said that the Planning Board is dealing with all these growth issues. He said that the Planning Board is going to ask for Public input so that the public can be made well aware of the problems. He asked the Commissioners to let him and the Planning Board know if there were any problems.

Adjourned for Lunch, reconvening at 1:30 p.m.

Sheldon Bartel, Director of Gateway Economic Development Corp., presented the Commissioners with the 2006 Revolving Loan Fund Budget. The budget amount for Broadwater County is $15,500. Mr. Bartel gave an overview of Gateway Economic Development. He informed the Commissioners that they may change their name because there are other companies with the same name. Commissioner Hohn presented Mr. Bartel with Schauber's survey of the flood plain. Mr. Bartel informed the Commissioners that water pipes had frozen at the Silo's Inn causing damage. The property was not covered by insurance. He feels that the cost of the clean-up should be added to the Court findings.

The payroll was reveiwed. Commissioner Hohn moved to approve the payroll. Commissioner Mann seconded the motion. The motion passed unanimously.

The County Claims were reviewed. Commissioner Mann moved to approve claims in the amount of $18,765.05, $62,027.84, 140,505.82 and $37,323.82. Commissioner Hohn seconded the motion. The motion passed unanimously.

Julie Lethert, County Planner, presented the Findings of Fact and Order in the matter of the application of Leonard Lambott for preliminary plat approval of LL Minor Subdivision. The proposed tract size is 1.79 acres with .02 acres in road. A single family dwelling is proposed for this tract. Melissa Tuemmler, Developer's Representative, voiced her concerns about a written Road maintenance agreement requirement. Another issue of concern is regarding the utilities. She said the way the order is written, it sounds like the Developer has to install the utilities. Leonard Lambott, the Developer, told the Commissioners that it is impossible to get a maintenance agreement on a privately owned road. Commissioner Mann asked if there was a legal easement on the road. The Developer said yes. The Commissioners struck #4 of the order regarding the road improvement district. Commissioner Hohn moved for the approval of the preliminary plat with conditions. Commissioner Mann seconded the motion. The motion passed unanimously.

Julie Lethert, County Planner, presented the Findings of Fact and Order in the matter of the application of Donald Plymale for preliminary plat approval of the Baldy Mountain Phase II Major Subdivision. The Subdivision will consist of 11 lots from an existing 91.83 acre parcel of land. The total subdivision size of Phase II is 22.66 acres and total acreage in roads in 1.49. The minimum lot size is 2.00 and the maximum lot size is 2.30 acres. Residential single family dwellings are proposed for there lots. Ben Sautter, Applicant's Representative, commented on the easement name of Levengood way. The Developer would like to have the road name changed. Commissioner McCullough asked Mrs. Lethert if changing the road name would cause any trouble before the Final Plat approval. Mrs. Lethert said that she couldn't see any. Commissioner Mann asked about the restriction of farm animals including a horse. She stated that none of the 4-H children could have an animal. The Developer told her that it was too much trouble to have farm animals in a subdivision. Commissioner Hohn moved for the preliminary approval of the plat with conditions listed in the order. Commissioner Mann seconded the motion. The motion passed unanimously.

Bill Fleiner, DES/Homeland Security and Dave Clouse, contracted service person, appeared before the Commissioners with a number of issues. Items discussed were:

• Tri-County Fire Working group plan has the Commissioner's signature on the Regional Community Wildfire Protection Plan but needs the Fire Board approval.
• Defensible space more money will be put in to fight the fire. If there are people trained contracts are let through Federal Agencies. Bill Fleiner informed the Commissioners that we are at the start of a 6 year cycle for fires. Mr. Fleiner and Rural Fire Chief, Ed Shindoll, will review areas that could be affected. They think the Old Baldy area is the next area to be hit.
• Homeland Security grant funds for 2004 have been expended. The State's DES pays Dave Clouse salary at the present time.
• Mr. Fleiner thinks that Dave Clouse and Natalie Tomeo need to figure out the budget for the Sheriff's side of Homeland Security.
• Mr. Fleiner would like to use the Hospital's EMT's building as DES Command Center. Mr. Fleiner is investigating the possibility.
• Dave Clouse updated the Commissioners on the interoperable communication project. He said that they are trying to find a repeater site that could be accessed by Gallatin, Jefferson and Broadwater Counties.
• DES and the State are putting together a meeting on 5/23/06 through 5/26/06 to discuss how pandemic or agricultural disasters should be handled. Mr. Fleiner suggests that the Commissioners attend this meeting.

Jenny Schauber of Schauber Surveying discussed the petition to declare Whitehorse Road a public road. She said that on Sept. 26, 2005, this matter was discussed at the Commissioners meeting on that date. Since then, Tim Ravndal, a resident on the road, has sent a letter to the Commissioners objecting to the way the petition was handled. She wants to know if a decision has been made by the Commissioners. The Commissioners told her that a public hearing will be held after the Clerk and Recorder reviews the petition.

Julie Lethert, County Planner, presented the Tract C Minor Subdivision; Developer is Joe Jepson for Final approval to the Commissioners. She told the Commissioners that Morris Mairle said that the plat was not done correctly. The Surveyors certificate was incorrect, the dedication is wrong and it’s missing the basis of bearing. Mrs. Lethert also stated that the Fire Marshall will accept a 5000 gallon water tank and a well in lieu of $250 fire fee per lot. Joe Jepson stated that today was the first time that he has heard anything about this. Melissa Tuemmler, Mr. Jepson’s advisor, stated that she was disappointed that the new requirements have just now been brought up. Donald Schauber of Schauber Surveying, the party who prepared the plat, asked who at Morris Mairle Company had told the Planner to reject the plat. Mrs. Lethert told him she dealt with an individual by the name of Tom Henish. After a discussion, Commissioner Hohn moved to approve the Plat based on a $500 per lot fire fee and corrections to the plat regarding the basis of bearing and surveyors dedication. Commissioner Mann seconded the motion. The motion passed unanimously.

Virgil Binkley of the Canyon Ferry Trust Board introduced Joni Shearer to the Commissioners as the replacement to Hershel Carpenter. Joni will be the representative to the County. Discussion of the Boat slips occurred.

Steve and Susie Cavanaugh, Developers of Rolling Glen Ranch Subdivision, Phase II appeared before the Commissioners. They were here to have a general discussion with the Commissioners about a number of it namely: a copy of the proposed Dixson Road; a $8000 bond for gravel to be used on Rolling Glen Road (Mrs.Lethert wants the bond to be increased to $12,000 in case additional gravel needs to be brought in); Fire tank and well- Three Forks Fire Board will give a letter of approval once the housing of the well has been completed; and a school bus turn around will be surveyed.

Commissioner Hohn moved to enter into a contract agreement with Joni Shearer to act in the same capacity that Hershel Carpenter did for the Canyon Ferry Trust Board. Commissioner Mann seconded the agreement. The motion passed unanimously.

Mail/Items for signature:

• Final Report on the Townsend Airport Fuel System.

Discussion:

• Judy Gillespie, Clerk and Recorder/Treasurer, discussed the certification by a licensed title abstractor requirement for filing subdivision plats.
• Judy Gillespie, Clerk and Recorder/Treasurer, presented the Commissioners with the protested tax totals for centrally assessed companies.
• Commissioner Mann asked if the Commissioners feel that need a working meeting regarding Road Improvement Districts. Commissioner Hohn thinks it’s with common interests.
• John Walsh of the Broadwater Rodeo Board invited the Commissioners to a meeting with the Fair Board on January 31, 2006.
• Natalie Tomeo relayed her conversation with County Attorney, John Flynn, regarding the retroactive collection of fees for subdivisions. He told her that he would research the matter but he doesn’t think it could be done.
• A bill from Paulie Plumbing for $520 was received. Commissioners approved the bill.
• The Dept. of Revenue billed the County for the water rights at $20 per year.
• Pam Watson sent a new interlocal agreement for the Commissioners signature.
• Jim Connor sent in a written request to have his right of way changed from 60 feet to 30 feet. The Commissioners stated that this is a deeded easement and is not up to them to make the change.
• A copy of Tim Pool, solid waster supervisor, response to Department of Environment Quality regarding the oil container at the Townsend dumpster site.
• Joseph Scyphers asking for authorization for a 40 foot easement variance for his road. A discussion occurred regarding the County standards.

Public Comments:

• Leonard Lambott explained the problems that he was having regarding the approval of some of his plats. These plats were namely boundary relocations and did not require the planner’s approval. The Planner has sent those plats to Morris Mairle for their advice and it has been a constant problem in getting them approved the Planner. He asked why they were being sent to the Planning Dept in the first place, since they need to be only approved by the Clerk and Recorder. The Clerk and Recorder, Judy Gillespie, stated that a process was set up that all plats were sent to the Planner so that it would be a consistent practice and also it would help the Planner be aware of these types of transactions. After a discussion, Judy Gillespie, stated that from now on, the plats that do not need subdivision review will come directly to her office for processing.

The meeting adjourned at 5:53 p.m. The next regular meeting will be held on January 23, 2006 at 10:00 a.m. in the Commissioner’s Room of the Courthouse.

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Steven R. McCullough, Chairman

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Judy R. Gillespie, Clerk