MINUTES OF COMMISSIONER’S MEETING

April 17, 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:

• Replaced culvert on Dry Creek Road. Commissioner Mann reported that the State Dept. of Transportation had to take equipment in to the Curt Diehl property to clean out the area of flooding caused be silt and Beaver Dams.
• Mr. Masolo inspected the Ross Gulch Road. A construction company has been contacted regarding the costs for reconstruction of the road but Mr. Masolo has not gotten an answer yet.
• The road crew has graded several County roads.

Steve Siegelin, MSU Western Region Dept. Head and Virginia Knerr, Extension Agent for Broadwater County appeared before the Commissioner to discuss Virginia’s nomination to NACAA. Chairman McCullough asked why the County was involved in the nomination process. Mr. Siegelin explained that since there is a contractual agreement between the Extension Service and the County, the Commissioners need to give their input. He addressed the Commissioner’s concerns about the vacancy in Mrs. Knerr’s office while she attends to her duties should she be accepted to NACAA. He stated that since the time periods are relatively short and falls at different times, the Extension Service would not be able to fulfill the Commissioner’s request. He told the Commissioners that according to the people, who have held the position in the past; the amount of time that they were away from their job was 10 to 15 days the first couple of years, then 20 to 30 days for the next 2 years. After a discussion, Commissioner Hohn stated that based on the conversations with Mrs. Knerr, he was willing to withdraw the request for someone to cover the Extension Office while Mrs. Knerr attended the NACAA conference. Commissioner Hohn moved to reissue the letter to MSU without the conditions of the additional or replacement personnel request. Commissioner Mann seconded the motion. The motion was unanimous. Chairman McCullough stated that in the future, he wants it made clear that Virginia is MSU’s employee and the County wants it kept that way. A discussion regarding hiring a ½ time Extension Agent to handle the 4-H program occurred. The cost to the County would be $9000 plus travel and out of pocket expenses. Some of the audience asked the Commissioners who had filed the complaints regarding Virginia’s performance regarding the 4-H program and if it were documented in writing. The Commissioners said that they had been approached in person by individuals and was told verbally.

The Senior Center is requesting help from the County to help them purchase a new cooking range. The cost is $1655.65 plus the cost of a plumber to hook up the gas. The Seniors have $1000 to put towards the stove. Commissioner Hohn moved to approve the purchase of the stove if it comes out of next year budget. After a discussion, Commissioner Hohn amended his motion and moved to approve the costs of the purchase of the stove. Commissioner Mann seconded the motion. The motion passed unanimously.

The Claims for April 10, 2006 in the amount of $99,862.81 were reviewed. Commissioner Hohn moved to approve the payment for the claims. Commissioner Mann seconded the motion. The motion passed unanimously.

The Payroll for April 8, 2006 in the amount of $82,433.58 was reviewed. Commissioner Hohn moved for the approval of the payroll. Commissioner Mann seconded the motion. The motion passed unanimously.

The HEPA Association Agreement for the County’s insurance was reviewed. Commissioner Hohn moved for the approval of the agreement. Commissioner Mann seconded the motion. The motion passed unanimously.

Bill Burkland of Peccia and Assoc. gave an update on the airport project. He told the Commissioners that the appraiser had complete the appraisals on the properties at the north end of the runway. He is concerned that the property evaluations may come in higher than he had anticipated. He guessed the values at around $153,000 but may come in at $175,000. As the picture becomes clearer, he will be able to give a better value. He informed the Commissioners that one of the properties have a buried fuel tank and will have to be dealt with. Mr. Burkland asked the name of the attorney that should be on the Certificate of Title. After a discussion, the Commissioners decided that since the County Attorney was so busy, they would have Tom Budewitz, Attorney at Law on the Certificate. Mr. Burkland reported that apparently there had been a fuel tank buried on existing airport property that was never removed. No soil samples were taken nor other procedures followed. He is in the process of handling the situation. He reported that all the contracts have been done except for engineering. He is preparing it and will advertise.

Tim Pool, Solid Waste Supervisor, appeared before the Commissioners to tell them that the 930 Loader is on its last legs. He asked permission to look into purchase a different one. The Commissioners suggested that he look into a smaller version that would be easier to maneuver. If they needed to use a larger loader for 3 or 4 days a month than possibly arrangements could be made with the road department to use theirs. The Commissioners asked Mr. Pool to research the matter. Mr. Pool asked the Commissioners if they could revisit the "new home" solid waste fees that he had discussed earlier with them. These fees would be collected at the time the home owner applies for a septic permit. It would cover the time period from when the home is being built to the first tax statement. The Commissioners said that when the budgeting process occurs, they would revisit the issues. A resolution was discussed seeking enforcement authority for non-county resident dumping.

Nichole Brown, Addressing Coordinator, presented a petition for naming a private roadway. Commissioner Hohn questioned why the Commissioners were presented with the petition. Mrs. Brown explained that there was a problem with the road being named originally as Levengood way and now the Developer of the Subdivision at the lower end of the road wants the lower end of the road named Granger Way. Mrs. Brown does not want to have a road named one thing half of the way and another name for the other half.

Don Plymale, the Developer of the adjoining subdivision told the Commissioners that his attorney had advised him that the road was named illegally. The Commissioners will hold a public hearing on the matter.

The Planning Board Members appeared before the Commissioners to present their recommendations for integrated tools and fees to guide managed growth/development in the County. Members Jerry Bodmer, Brad Campbell and Jorja Hensley presented their findings to the Commissioners and asked for the Commissioners to compile a list of questions or comments regarding the recommendations by next week. The Planning Board will then respond to the Commissioners concerns.

The minutes of the previous Commissioner’s meeting was review. Commissioner Mann moved to approve the minutes of April 10, 2006. Commissioner Hohn seconded the motion. The motion was unanimously approved.

Commissioner Hohn moved to enter into the Nursing Home’s Intergovernmental Transfer Agreement for time period of July 01, 2005 through June 30, 2006. The amount of the transfer is $103,517.76. The amount reimbursed is $135,293.99. Commissioner Mann seconded the motion. The motion was unanimously approved.

Commissioner Mann moved to accept the resignation of Trish Dana, Community Service Coordinator. Commissioner Hohn seconded the motion. The motion passed unanimously.

Mail/items for signature:

• Montana Association of Counties sent letter asking for bids from Counties interested in holding conference.
• Dept. of Environmental Quality sent approval and permit for the compost site at the transfer site.
• Fish Wildlife and Parks sent notification to the Commissioners regarding the spraying of mosquitoes
• Duane Halvorson, Chairman of the Airport Board, sent the Commissioners a time line regarding legal time line directive
• Copies of letters from WWC outlining insufficient reviews regarding Sandhill Overlook and Crimson Bluff Minor Subdivisions.
• A letter from the Commissioners to Julie Lethert, Sanitarian, stating effective immediately, all planning issues, plats, etc. should go to WWC as the lead. Mrs. Lethert should support WWC as needed during the transition period.
• A resignation letter from Trish Dana, the Community Service Coordinator, was received. The Commissioners will post the position in the newspaper and also write a letter of appreciation to Trish for a job well done.

Discussion item:

• Commissioner Hohn reported on a meeting that he attended regarding Subdivision laws. He informed the Commissioners that a discussion occurred regarding ethics that Commissioners should follow when dealing with planning issues. Namely that they should not be reviewing, talking or dealing with parties on subdivision issues until the plat comes before them for their approval.
• A discussion on the court case: Marks vs Wiederholt vs Broadwater County. The Commissioners will ask the County Attorney where the suit is in the process.
• A variance request from property owners in Missouri River Rendezvous regarding their septic. The Commissioners were told by Broadwater County Attorney, John T. Flynn, that they have the authority to give the variance.

Public Comments:

• Brian Obert, Sidewalk Project Manager, updated the Commissioner on the project. He reported that the engineering for CTEP is here. The first 2 parts of the project looks good as far as funding but the 3^rd part of the project will need additional money. A meeting will be held at the City Office on April 27^th at 1:00 p.m. for a walk through.
• Melissa Tuemmler, private consultant, presented the Commissioners with an email from Broadwater County Sanitarian.
• Donald Schauber, Schauber Surveying, told the Commissioners that he thinks that the new firm known as WWC is doing a good job on the subdivision plat review.
• Virgil Binkley, private citizen, advised the Commissioners that the Subdivision Regulations should be put out to contract rather than to have the Planning Board do it. He stated that the Planning Board members do not have the expertise that they need to prepare the document properly. He also stated that he feels they need to hire an economist to do an aggressive economic analysis.
• John Clark, Lance Christensen and their consultant, Melissa Tuemmler, appeared before the Commissioners to discuss the road variance that was presented to them at a previous meeting. Mr. Clark told the Commissioners that Lance Christensen purchased the property from him and wants a road to go to his home but their proposal doesn’t meet the road standards. They would like to have a variance. The Commissioners asked that their proposal be submitted to WWC for review.

The meeting adjourned at 3:04 p.m. The next regular meeting will be held on April 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