MINUTES OF COMMISSIONER’S MEETING

April 24, 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.

Broadwater County Sheriff, Richard Thompson; Under Sheriff, Ben Knaff and Dave Clouse, Contracted service; met with the Commissioners to discuss the interoperable communication system and other items. The items discussed are:

• The Interoperable Communication System is up and running. The Sheriff’s Department asked the Commissioners if they could purchase 4 radios that will be compatible with the system. The Sheriff’s budget has $25,000 set aside to apply towards the purchase. Ben Knaff asked if the could purchase at least 4 radios, one for the Sheriff, Under Sheriff and 2 Deputies. The radios cost around $5,000 each. Commissioner Hohn suggested that the Sheriff purchase all the radio that they need but split the cost between this fiscal year and next. After further discussion, Commissioner Hohn moved to authorize the purchase of the required number of radios that the Sheriff’s Office needs. Commissioner Mann seconded the motion. The motion passed unanimously.
• Dave Clouse told the Commissioners that the ambulances can be interfaced to the base station which will allow private communication between St. Peters Hospital in Helena and our local Hospital. Training for our ambulance personnel is scheduled for May 1^st Mr. Clouse noted that there is a stretch of road at the Beaver Creek area near Winston where communication is lost.
• The Commissioners asked about the $514,000 fire grant. They have been advised by our auditor that if we receive Federal monies in the amount of $500,000 or more, it requires additional auditing requirement. This of course costs the County additional money. Dave Clouse informed the Commissioners that the grant is being ran through the Clancy Fire Dept. and will be hosted by Jefferson County. Jefferson County Staff will handle the grant monies but the grant was submitted by the Tri County Consortium. The Tri County Consortium is made up of Powell County, Jefferson County and Broadwater County.
• Mr. Clouse said that the Delco batteries at the radio station need to be replaced. The Fire Dept and Road Dept will replace the batteries.
• Chairman McCullough asked the group about the Commissioners having radio access in case of emergencies. Currently the only access is by using their cell phones. Dave Clouse is looking at finding a solution to the problem.

Angela Gioni, Head Librarian along with Brian Patrick, Townsend School Superintendent, appeared before the Commissioners to discuss funding for the library for Fiscal year 2007. Mrs. Gioni presented the Commissioners with copies of the Montana Codes Annotated that pertain to the funding. They asked the Commissioners to follow the funding set by law.

After reviewing the minutes of the April 17, 2006, Commissioner Hohn moved to approve them with corrections. Commissioner Mann seconded the motion. The motion passed unanimously.

Natalie Tomeo, Finance Officer, told the Commissioners that the Hospital Administrator advised the County to not agree with the Medicaid Interlocal transfer for the nursing home. It has been discovered that there is new language that specifically states that no prearranged agreements can occur. Commissioner Hohn moved to rescind the motion of last week approving the transfer. Commissioner Mann seconded the motion. The motion was unanimous.

Planning Board Members, Jorja Hensley, Brad Campbell and Jerry Bodmer, met with the Commissioners to compile the Commissioners comments and feedback to their presentation last week. Their presentation covered their recommendations for integrated tools and fees to guide and manage growth/development of Broadwater County. During the past week, the Commissioners reviewed and research the Planning Boards recommendations. The following are some of the items that the Commissioners discussed with the Planning Board:

• The Planning Board recommended bringing the Growth Policy and Subdivision regulations into compliance. The Commissioners said that the Citizens of this County had approved the Growth Policy 2 years ago after considerable time, effort and money. They don’t think it is necessary to have a complete reevaluation. The firm of WWC has been hired to bring the County regulations into compliance and update any connection between
• The Planning Board recommends that a Water Maintenance District as well as a Weed District be added to the Commissioner’s proposed Road Improvement Districts/Road Maintenance Districts that they are currently working on. The Commissioners questioned why the Planning Board would suggest this and if they were proposing additional taxes. The Planning Board stated that they were not proposing additional taxes at this time but said if the road districts are set up, there may be more than one use for these districts. The Commissioners advised the Planning Board that it has been 5 years in trying to get a master agreement with the Fire Department so how do they proposed to get information for your Water Maintenance District.

• The Commissioners asked for an explanation of exaction fees and what the income would be used for. The Planning Board stated that if they had the capability of charging an impact fee to the homeowner they wouldn’t have to charge the Developer. The Commissioners asked why the Planning Board doesn’t go to the citizens of the County and ask for an increase in taxes to cover the costs of things they would like to see changed like the road, etc. The Commissioners reminded the Planning Board that they are involved in requiring that our adopted road standards be applied to new subdivisions. The Commissioners stated that if we don’t proceed with caution it could break this County and raise taxes.
• The Commissioners told the Planning Board that they are concerned about Community decay and would like assistance in developing a resolution plus possible enforcement of the resolution.
• The Planning Board would like to have a Vision Statement of where the citizens of the County would like to see it in the future. The Commissioners thought the idea of holding a contest would be a good way to gather this information.
• The Planning Board would like to see a Capital Improvement Plan in place for the needs of the County in the future. They want to be included designing this plan along with the Commissioners. They want each elected official and or County Department Head to prepare a list of what infrastructure (major expenditures for the future.

In conclusion, the Commissioners asked the Planning Board to concentrate on the Community Decay issue and to refine the Road Improvement/Maintenance Districts.

Shawn Higley of WWC appeared before the Commissioners at the Commissioner’s request. The Commissioners asked Mr. Higley to review the following items:

1. The placement of the septic system on Lot 4 of Missouri River Rendezvous to see if the septic system was installed in the wrong area.
2. The variance request for the John Clark road. Mr. Clark wants a variance to the road standards in the Subdivision regulations. Mr. Higley said that he analyzed the site. His first concern is if there is a second owner in the future, that owner would be land locked. He stated that he feels the road should be 60 feet wide if the Commissioners decide to grant the variance. Commissioner Hohn suggested that the Commissioners issue the variance with a stipulation or condition that the road will be allow for only one lot with one residence.

Nichole Brown, Planning Secretary, asked the Commissioners if she should be involved in the pre-application meetings of the Developers of the subdivisions. Mr. Higley stated that he felt that it would be a good idea so that she would be kept in the communication loop. The Commissioners agreed. Mrs. Brown informed the Commissioners that she would like to have certain days off for personal reasons. The Commissioners granted her request and told her that in the future, she needs to get the approval from the Chairman not the whole board.

Terry and Tillie Human on behalf of the Good Sam Club appeared before the Commissioners to ask for their permission to clean up the Centerville Cemetery. The Club plans on holding the clean up on May 20^th and would appreciate volunteers to help. The Commissioners gave their permission.

A contract and Notice to Proceed from Triple Tree was received on the resurfacing of the runway for the Canyon Ferry Airport in the amount of $83,010. Cost share to the County is $4088. After John T. Flynn reviewed the contract, Commissioner Hohn moved to enter into the contract with Triple Tree. Commissioner Mann seconded the motion The motion passed unanimously. Natalie Tomeo informed the Commissioners that the Airport Board has not budgeted for the cost share. She asked how the Commissioners would like to see the Airport Board handle the expense. The Commissioners told her the Board should request a ½ mill to pay for it.

The Claims for April 17, 2006 in the amount of $13,426.99 and $215.00 were reviewed. Commissioner Hohn moved to approve the payment for the claims. Commissioner Mann seconded the motion. The motion passed unanimously.

The Airport Board brought in an amendment to the Voorhies lease. The amendment is to add Teresa Voorhies name to the lease. Commissioner Hohn moved to approve the amendment. Commissioner Mann seconded the motion. The motion passed unanimously.

Natalie Tomeo, Finance Officer, presented a claim from Bill Fleiner, DES Coordinator, asking for reimbursement of travel mileage to and from Helena to Townsend. The Commissioners said that he is a County Employee and the rest of the Employees don’t get paid mileage so he shouldn’t either. The Commissioners denied his claim.

Mail/items for signature:

• A response from Julie Lethert, County Sanitarian, to the email that she sent to Melissa Tuemmler.
• Mark Westergard, engineer for Missouri River Rendezvous, stated that the septic variance asked for by Julie Lethert, County Sanitarian, on lot 4 of the Subdivision was not caused by the DEQ lack of knowledge of the terrain but was caused by the installer not putting it in the correct spot. The Commissioners will ask WWC to survey and double check Mr. Westergard’s findings.
• CASA Advocate for Children sent letter of Thanks to the Commissioners for their support of the program.
• A letter from the Canyon Ferry Trust Board updating the Commissioners on the activities of the Silo’s Bay. The Contractor, Mockel Excavating, placed the dirt from the Bay in the wrong area and has been asked to move it.

• A letter from the Three Forks Rural Fire Board Trustee stating that they were in support of the additional requirements put on the Rolling Glen Subdivision by their Fire Chief, Bruce Feltz. The Commissioners will reply to the Fire Board that the matter needs to go through the Planning Board.
• Goals and Objective Report for the first 2 quarter of their fiscal year was received from Boyd Andrews.
• USDA Forest Service reserve water right meeting notice.
• MPERS Legislative proposals.
• Memo from the Canyon Ferry Trust Board asking for the Commissioners approval of their recommendations. The Commissioners reviewed their recommendations and took the following actions on: (1) approved the payment for maintenance costs of the campground, Attorney fees, advertising costs and contracted services. (2) The Commissioners want a formal request for reimbursing Mockel PreCast and Excavating for additional expenses if the need arises. The Funds will come out of the Trust fund. (3) The Commissioners approved the purchase out of the Trust Fund for two new outdoor vault toilets at the Silos Campground from CXT in Spokane, WA for approximately $23,000 each. (4) The County installed two new shelters at the Silos Area Campground. Final cost will be submitted once they are determined. (5) The County will sponsor the Fish Wildlife and Parks Trail Grant for Phase II of the hike bike path.
• Conoco Phillips is requiring proof of liability insurance. Chairman McCullough asked for a report of what the airport has sold in fuel.

Discussion item:

• A Discussion on Planning issues especially community decay.

• The Commissioners asked Broadwater County Attorney, John T. Flynn, if someone submits requests, advises, meets, or discusses a subdivision ahead of the Planning Boards recommendations to the Commissioners if it could be challenged in Court. Mr. Flynn stated that since all of the Commissioners are hearing or seeing it at the same time, it can’t be misconstrued as lobbying, etc. He did caution the Commissioners to be sure that it is part of the record of the meeting.
• Clerk and Recorder/Treasurer, Judy Gillespie, updated the Commissioners on the new election system and hardware. She reported that the election vendor known as ES&S has not been very responsive to her concerns about the printing of the ballots for the primary election. She has contacted other Clerk and Recorders/Election Administrators to see if they have the same concerns She found out that they did. She will contact the Secretary of State with her concerns and will keep the Commissioners informed.

Public Comments:

• Jenny Schauber voiced her concern about Shawn Higley of WWC not having a meeting room for his pre application meetings with Developers of Subdivision. The Commissioners told her that he could use their room, jury room, court room or fair office..

The meeting adjourned at 2:56 p.m. The next regular meeting will be held on May 01, 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