MINUTES OF COMMISSIONER’S MEETING

March 20, 2006

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

Bob Masolo, Road Department Supervisor, reported to the Commissioners on the activities of his Department. They are as follows:

• The Road Crew has graveled all of Dry Gulch and is working on some of the other roads.
• Mr. Masolo asked the Commissioners for clarification on whether or not the road Dept. was responsible for graveling and maintenance of the road from the first cattle guard to the hangars on the road to the airport. The Airport Board keeps telling him that it’s the County's responsibility to maintain the road. Bob stated that the Road Dept. has offered to plow the airport runway but that is all. The Commissioners told Bob that the Road Dept is not responsible for the maintenance of the road.
• Mr. Masolo ask the Commissioners for permission to purchase a 1991 Kenworth dump truck for $34,500 and a 1984 Dump truck previously owned by the State that has a plow, sander,etc.for $7500. Commissioner Hohn moved to give Mr. Masolo the authority to purchase the trucks. Commissioner Mann seconded the motion. The motion was unanimous.
• Mr. Masolo gave the Commissioners a letter from Department of Environmental Quality.

Julie Lethert, County Planner, appeared before the Commissioners to present the final plat for R & R Minor Subdivision. She stated that some changes were to be made to the plat and the surveyor never got them completed in time for the meeting. Consequently, no decision could be made on the plat. Since the Commissioners are getting requests for road maintenance districts, Mrs. Lethert presented the Commissioners with an example of a road maintenance agreement which she had pulled from a subdivision that had come in to her office. The Commissioner had asked her at the last meeting to provide them with an example of the agreement. A variance in our subdivision regulations may need to be made to accommodate road maintenance districts. The agreement should outline everyone's responsibility for the maintenance. Mrs. Lethert stated that they don't have to have a lot owners association or a home owners association to have a road maintenance agreement. She said that associations are formed to complete a task of common interest amongst the parties. The Commissioners asked Mrs. Lethert to take the agreement that she presented them and revamp it to meet the needs of what the Commissioners would like to see in the agreement. Commissioner Hohn brought forward another issue, regarding the subdivision regulation and the growth policy. After reviewing the regulations, there is no provision to do a master plan which he feels is where everyone wants to go The only place that Master Plans are referred to are in the Growth Policy, therefore, the subdivision regulations don't allow for it. He feels that some emergency modification needs to be implemented to allow for a Master Plan in the subdivision regulations. Otherwise, the Planner's hands are tied as to what she can submit to Planning. Mrs. Lethert will look in the model regulations so that she will have a recommendation for the Commissioners at the next meeting.

Claims from March 6, 2006 were reviewed. Commissioner Hohn moved for the approval of the claims in the amount of $246,411.22. Commissioner Mann seconded the motion. The motion passed unanimously.

Judy Gillespie, Clerk and Recorder/Treasurer, along with Natalie Tomeo, Finance Officer, appeared before the Commissioners to get their input on how to receipt the subdivision review fees. Ms. Tomeo had prepared a spreadsheet derived from the breakdown structure of fees submitted by the Planning Board. She calculated the breakdown or distribution of the fees by 3 scenarios. Those being Major Subdivision, Minor/one lot split and subsequent/second minor. After comparing all 3 scenarios, Ms. Tomeo recommended the subdivision review fees to be distributed as follows: Sanitarian 10%; Clerk and Recorder 4%; Finance Office 3%; Commissioners 4%; Road Planning 15%; Planning 58% and Planning Rural Addressing 4%. Chairman McCullough is concerned about over millage to planning office if a growth spurt occurs. It could tilt the number of mills and throw our budgeting process off. Judy Gillespie stated that she wants the distribution to occur at the time the fees are receipted. Commissioner Hohn moved to implement Ms. Tomeo's recommendation of the distribution as listed above until this budget year ends. Commissioner Mann seconded the motion. The motion passed unanimously. Mrs. Gillespie asked the Commissioners what they expected from her office with regard to the contracted services reviewing all subdivision plats. She asked the Commissioners what she should do when citizens brought a plat to her office for filing. The Commissioners told her to send them to Nicole Brown in the Planning Office. Mrs. Brown will contact WWC Engineering, who would pick up the plat and review it. The Commissioners stated the only thing that the Clerk and Recorder's office needs to make sure of is that WWC's stamp of approval is on each plat before filing.

Ed Ereth and Lee Alt of the Planning division of Montana Department of Transportation, met with the Commissioners. Mr. Ereth stated that there has been impact studies done for a couple of these new subdivision located off Hwy 287 at the south end of the County. They have determined that turn lanes need to be put in at Price Road, Wheatland Road and at Wheatland Meadows which also will need a new approach. Mr. Ereth's concern is where the money was coming to do the work on the intersections to Hwy 287. He said that he had heard the County had a plan on how the Developers are participating in a program to pay for the construction of the intersections. The Commissioners and Julie Lethert, County Planner, told him that $50,000 per subdivision was being collected to pay for the cost of the construction from the Developers of each Subdivision. Mrs. Lethert said that $100, 000 for that purpose was set aside right now for the Wheatland Road intersection and she expects that Wheatland Meadows, Mountain Vista and Paramont Estates will each be contributing $50,000 to the project. As far as Price Road, Julie stated that Broadwater Lakes and other proposed subdivisions will have to pay towards that intersection. Commissioner Hohn told Mr. Ereth and Mr. Alt that he had met with Jeff Ebert of Department of Transportation last year and through their discussion it was determined that the approximate cost to construct the intersections was $200,000. This amount is what has been used to determine how much to charge the Developers. Mr. Ereth told the Commissioners that the estimate that he had gotten from his road design department was $161,000 to construct the approach and turn lanes for Wheatland Road. Mr. Alt stated that Price Road approach would probably be around the same amount. Mr. Ereth said the MDT quote for Price Road is estimated at $179,000 which higher than Wheatland because of the elevation of the approach. Commissioner Hohn asked the MDT representative since the Highway Department has projects at each end of this strip of the Highway, why we can't get all of it done at once. The representative said that the Department of Transportation has projects planned years in advance and to change those work orders now is a very complicated ordeal. Faren Henderson of DBEC asked about the $50,000 fee as this was the first time that he had heard about it. He wanted to know if it were for the road also. The Commissioners told him it was for the approach and turn lane only for Wheatland only and that an amount has not yet been set for Price Road. Julie Lethert answered for the Commissioners by saying"not necessarily, Mr. Ereth asked the Commissioners how to get all the parties involved to come to an agreement, collect the money and get the project done. He asked if the County would feel comfortable in taking the lead on all these projects. He also suggests that only one engineer handle all three approaches which will make it easier to coordinate. He stated that MDT Design Department has designed the turn lanes and approaches. The Commissioners agreed to take the lead. Commissioner Hohn stated that he thinks that the County needs to hire a manager to protect the County, to handle the projects, make sure that the work is getting done and the bills are getting paid. The State’s Transportation Committee will have to approve the projects before the County can do anything. Mr. Alt informed the group that the last thing that will be done is issue to approach permits. DBEC ask how another consultant will affect his work and can he put the approach from Wheatland Road to the Highway. The MDT's Representatives feel that Mr. Henderson could continue with his work but will check with their Supervisor and let him know. Mr. Henderson of DBEC stated that his company might be interested in doing all the projects. Commissioner Hohn ask MDT how these projects would affect future highway dept. projects. Mr. Ereth said that the projects would be taken in to consideration but he can't see anything being done on that portion of the Highway until 2010.

11:30 a.m. This was the time set for public hearing on the request of the Broadwater Hospital District to allow a mill levy election to be placed on the primary election's ballot. The election will be held on June 06, 2006. If the citizens vote in favor of the increase of mills, then the Commissioners will have the authority to do so. Chairman McCullough asked for public comment, which are as follows:

• Pat Krott, Broadwater County Citizen, voiced her opinion by stating the mill levy request is necessary and that she hopes that the citizens will vote for it.

Chairman McCullough asked for further comments, there being none, the public hearing was closed. Commissioner Hohn moved for the approval of placing the mill levy request on the Primary Ballot. Commissioner Mann seconded the motion. The motion passed unanimously.

Richard Thompson, Broadwater County Sheriff, standing in for Ben Knaff, Under Sheriff, presented the Commissioners with a number of items:

• A rental agreement between Steve and Susie Cavanaugh and the Sheriff's Office. Sheriff Thompson stated that the County Attorney had reviewed it and said that it was a normal rental agreement. He asked for the Commissioner's approval of the agreement. The Commissioners informed Sheriff Thompson that it wasn't their decision, that it was an agreement between the Cavanaugh and the Sheriff's Office.
• Sheriff Thompson informed the Commissioner that an employee had submitted a letter of resignation but it wouldn't be official for a few weeks.
• Sheriff Thompson stated that Dave Clouse, contracted service, is working on a grant for fire protection. It may require a match from the County.
• A discussion on the generator building occurred. The Sheriff thinks if the generator building would be moved, it might solve some of the parking issues.
• Sheriff Thompson told the Commissioners that the roof is leaking in the new jail. He thinks it’s from condensation. Sletten has been contacted about the problem.

The meeting was adjourned from 12:00 p.m. to 1:30 p.m. for lunch.

Duane Halverson, Chairman of the Airport Board , appeared before the Commissioners. The following are the items reviewed and discussed:

• The grant for Canyon Ferry airport was discussed and a signature page was presented to the Commissioners.
• The SPCC Plan (Spill Prevention Control and Countermeasure) for the Fuel vault was given to the Commissioners. The training session requirement has been completed. This booklet needs to be on file and will be held in the Finance Office.
• Mr. Halverson advised the Commissioners that it was time to add fuel to Airport's fueling vault. He wants permission to use $12,549. this includes delivery costs to purchase the fuel. Natalie Tomeo, Finance Officer, has thoroughly reviewed the airports budget and has come up with this figure. She told the Commissioners that she will have to do some budget amendments but the Airport Board would be able to purchase the fuel. The Commissioners gave their approval.
• Mr. Halverson asked for clarification regarding a letter that Chairman McCullough had sent to the Airport Board. The letter stated that the Hangar Leases must be reviewed by Tom Budewitz, Attorney at Law. Mr. Halverson wanted to know why. Chairman McCullough explained that some of the leases were not properly worded and actually did not comply with the law.
• Mr. Bob Hollister of Forsyth has asked the Airport Board to consider his request to have access through the fence at the Canyon Ferry Airport. The Airport Board has some reservations about allowing this, namely, (1) crossing county owned lane (cactus lane) with an airplane; (2) the Silo's area was not designed for an Air Park; (3) Security getting in and out of the Airport along with safety issues; and (4) by allowing Mr. Hollister to do this, is it opening the door for others to do these types of things. The Airport Board wants to know how the Commissioners felt regarding the matter. Chairman McCullough stated that the Commissioners thought that the Airport Board had decided against the "through the fence" operations. Chairman McCullough said that if they entertain to do this, he thinks that public hearings will have to be held. Commissioner Hohn stated that the area is a recreational area, what’s to say this isn't the way to go He said Hangars on lots are no different than storage units that are already there. Chairman McCullough asked Mr. Halvorson if the Airport Board had any recommendations. Mr. Halvorson said the only things that were mention were the items above. He did state that fees were discussed. Commissioner Hohn said that he doesn't think that he'd oppose it. Commissioner Mann agreed. Chairman McCullough told Mr. Halverson that the Commissioner are turning the matter back to the Airport Board. If the guidelines and fees are adequate, the Commissioners will agree.

Bill Burkland of Robert Peccia and Associates appeared before the Commissioner to report that he had contacted 6 property owners whose property is located at the end of the Townsend Airport runway. He approached the property owners about purchasing land and or easements from them. The preferred option is air easements. Mr. Burkland expenses total to about $7500.to date but other expenses for appraisers, a negotiator will be submitted. FAA regulations require a review appraiser and 2 appraisers. The project budget is approximately $154,000. The Commissioners asked Mr. Halverson, Airport Board Chair, how the airport Budget's was right now. Mr. Halverson said that it was not good. Mr. Halverson asked if the payment of $290,000 that was the Feds were going to pay for the use of the airport and Fairgrounds during the fires of 2000 had been received and where it went. The Commissioners told him that the payment was around $70,000 and was divided amongst all the county entities involved with providing services. Commissioner Mann said that at this price tag, is this a benefit to the taxpayer. Chairman McCullough stated that the total expenditure is $33,000. Commissioner Hohn said that if the airport is going to grow along with the Community then the proposed acquisition of property needs to occur. Commissioner Hohn moved to acquire the property for the airport. Commissioner Mann seconded the motion. The motion passed unanimously. The Commissioners selected Lee and Nelson as Review appraiser and Olson as negotiator. Mr. Burkland advised the Commissioners that the grant amount is determined by the actual cost of purchasing land.

Shawn Higley of WWC Engineering appeared before the Commissioner to discuss the contract between the County and his Company. The Commissioners wants wording to Exhibit A changed, stating that a representative of the Company will attend Commissioner’s meeting, public hearing and some planning Board meetings. Mr. Higley informed the Commissioners that the fee schedule with the contract is good for 1 year but the actual contract is for 2 years. The Commissioners want the County Attorney’s review of the contract with his signature line added to the contract. Commissioner Mann moved to approve the contract with the amendments to exhibit A and the County Attorney’s approval of the contract. Commissioner Hohn seconded the motion. The motion passed unanimously. The Commissioners asked Mr. Higley if his firm would act as the County’s representative and Manager of the Highway turn lanes and intersections for the Subdivisions located at the South end of the County. Mr. Higley stated that his firm would be interested in acting as the Manager.

Patrick Plantenberg was supposed to attend the meeting. Patrick did not inform Virginia that she was suppose to attend the meeting. Virginia was unable to attend the meeting as she was scheduled to attend the Extension Agent Conference at MSU last week. Inez Hohn, member of the Townsend Tree Board, presented the Commissioners with a drawing of a tree planting plan for the Courthouse grounds. The plan was drawn up by Pat Plantenberg to show the Commissioners where trees would be planted. Commissioner Hohn moved to give permission to the Townsend Tree Board to plant additional trees on the Courthouse lawn. Commissioner Mann seconded the motion. The motion passed unanimously.

Members of the Toston Blue Ribbon 4-H Club along with leader, Jill Flynn appeared before the Commissioners. They informed the Commissioners that they were members of the Youth Leadership Program and had coordinated the Tree planting project at the Fair grounds. They applied for a $1500 grant and the Tree Board match it. They also received a $1000 donation and Nancy Marks donated 5 fir trees. They asked for permission to plant the trees. The Commissioners told the group that the County owns the land but the Rodeo Board manages it. The Rodeo Board has to give the approval.

Jill Flynn, school advisor, informed the Commissioners that next week, a Safety and Prevention program on Meth will be held. A presentation will be given on Tuesday evening at 6:30 p.m. in the school and on Wednesday, the Community Leader's Luncheon at the Mint at 12:00 p.m. She stated that it is a very good presentation and encourages everyone to come.

Mail/Items for signature:

• Letter from the Canyon Ferry Trust Board requesting that asset management fees be paid directly to asset management through First Premier Bank.
• Canyon Ferry Trust Board sent approval of First Premier Bank's audit report.
• A copy of a letter from Julie Lethert, County Sanitarian, to Gerald Reller regarding a violation because of the Flood Plain. A discussion on finding money to do a flood plain study pursued. Mrs. Lethert will talk to Dept of Natural Resources about getting money through a grant program to do a flood plain study.
• Julie Zipperian of Centennial Insurance sent a response to the question of amended Insurance Trust laws.
• FAA grant for fuel system is complete.
• Three Forks Ambulance sent a request for funding from Broadwater County.
• Three Forks Volunteer Fire Chief, Bruce Feltz, is concerned about approval of Colter’s Run Subdivision because of the narrow dead end road to the Subdivision.
• Three Forks Volunteer Fire Chief, Bruce Feltz, sent a request for impact fees from phase 3 and 4 of the Rolling Glen Ranch Subdivision.
• A grant from Department of Natural Resources for the Countywide Fire Dept will be sent on to Broadwater County Fire Chief, Ed Shindoll.

Discussion:

• Virginia Knerr wants the Commissioners approval for her to take the nomination of Vice Director for the National Association of County Agricultural Agents. She would serve in this capacity from July, 2006 thru July, 2008. As Vice Director, she would have to be away from her responsibilities in Broadwater County approximately 7 to 14 days. After she serves as Vice Chair, she would move to the position of Director of the organization for the next 2 years. She would be away from her Broadwater County duties approximately 20 days per year during this period of time. Commissioner Mann stated that she is in support of Virginia's request as she said that the information that she receives will be worthwhile. Commissioner Hohn said that he has received complaints that Mrs. Knerr is not fulfilling her duties regarding 4-H as it is, so how can she take on another obligation. Commissioner Mann argued that Virginia is working more with her duties since she doesn't have to handle the economic development duties. Chairman McCullough stated that he has also received some complaints as to Mrs.Knerr's performance. Commissioner Hohn moved to allow Mrs. Knerr to serve on the National Association of County Agricultural Agents Board as long as MSU sends a replacement to Broadwater County to handle Virginia's duties during the times she is gone. Commissioner McCullough seconded the motion. Commissioner Mann opposed the motion. The motion carried. The Commissioners will send a letter to Mrs. Knerr informing her of their decision and a copy will be sent to Montana State University.

• Natalie Tomeo, Finance Officer, asked about including the budget amendments for the Airport in the budget hearing. The Commissioners agreed.
• Natalie Tomeo, Finance Officer, asked when the $250 Fire fee per lot was established and where she would find it recorded.

Public Comments:

• Melissa Tuemmler submitted her application to be a Planning Board member.

The meeting adjourned at 3:34 p.m. The next regular meeting will be held on March 27, 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