MINUTES OF COMMISSIONER’S MEETING

July 25, 2005

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

Commissioner McCullough informed the Board that the Canyon Ferry Trust Board awarded $5500 towards the renovation of the Tennis Courts

A letter of resignation from the Planning Board was received from Tom Casswell. This makes 2 Planning Board members that are needed to make a complete Board.

Bob Masolo, Road Department Foreman, appeared before the Commissioners to report on the activities of his Department. The following items were discussed:

• Road crew has graveled Hahn, Cactus, and the Bureau Road.
• Spread chemical for dust control on Indian Creek Road. The Lime Plant purchased the chemical. RY Timber is also purchasing chemical for dust control on Centerville Road.
• Silo’s Road sprayed for Weeds.
• Hauled dirt from the Depot area to the County Transfer sight.
• Mr. Masolo asked if it was the road department’s responsibility to mow the Canyon Ferry Airport. The Commissioners told him that only the runway area needed to be mowed.
• Ron Spoon of Fish, Wildlife and Parks will issue the County Road Dept. permits to fix the road in Confederate Gulch. Without the permits, the road could not be fixed since the new construction will disturb the streambed.
• Mr. Masolo informed the Commissioners that he has studied the Road Permits for approaches Agreement. He has a number of concerns. The Commissioners asked him to clean up the wording in the areas that don’t apply to Broadwater County policy. Once completed, John Flynn, Broadwater County Attorney will review it.
• A discussion prompted by Commissioner McCullough regarding the Road Department’s equipment occurred. Commissioner McCullough is concerned about the equipment becoming out dated. The unspent Road Department’s cash will be transferred to a CIP fund. This fund will be used for future purchases of road equipment.

The Commissioner Minutes dated July 18, 2005 were reviewed. Commissioner Mann moved to approve the minutes. Commissioner McCullough seconded the motion. The motion passed unanimously.

The Commissioners reviewed the claims. Commissioner McCullough moved to approve the Claims in the amount of $21,468.89. Commissioner Mann seconded the motion. The motion passed unanimously.

Julie Lethert, Broadwater County Planner, presented the Commissioners with the preliminary Finding of Facts and Order for the Mountain Vista Estates application. The Developer is Donald J. Dixon. The Subdivision will consist of 88 lots and is located at the south end of Broadwater County. There are 2 items of concern that the Developer has: (1) currently, the Subdivision has two accesses but only one access is developed. The Developer’s consultant stated that Wheatland road leading to the Jefferson County Boundary could be built, however, it wouldn’t be cost effective. (2) Dunbar Road is the developed access but it cuts through Dennis Rahn’s property in sections 6 & 7. Dennis Rahn doesn’t have a problem with the public using this road except that he has sold access to Rolling Glen Ranch Subdivision. The Developer wants the County to declare Dunbar Road formerly known as Morrison Road as a County Road. They would rather see Dunbar road improved to County specifications than to build on to the end of Wheatland Road. The Commissioners are concerned about a number of items. They are: (1) Item #4 of the preliminary Order (2) utility easements (3) Developers hiring an Engineer to sign off on the project and road standards (4) A signed approval from the Three Forks Fire District and (5) unfunded law enforcement. The Developers of Rolling Glen Ranch Subdivision, Steve and Susie Cavanaugh, presented the Commissioners a letter from their attorney stating that the Cavanaughs have a contractual right with Dennis Rahn on Dunbar Road. A debate between the Rolling Glen Ranch Developers and the Developers of Mountain Vista Estates occurred on the Dunbar Road access. Chairman Hohn was concerned that the Commissioners were not informed of the road issue before this meeting. The Commissioners will postpone their decision for preliminary approval until next Monday.

At 11:30 a.m., a Public Hearing was held on the proposed adoption of Wheatland Road where it is currently located. Chairman Hohn opened the meeting for comments. Mike Scott from Three Forks stated that his concern is for Stanley Kimm to have access to his property. Donald Schauber suggested that the county could dedicate a county road through State Land’s property, which would give Mr. Kimm access to his property. The Commissioners stated that the State would say that the County is encroaching. The Commissioners asked Mr. Schauber to assist Mr. Kimm in getting an easement from the State so that Mr. Kimm can get to his property. With no further comments, the hearing was closed. The Commissioners will make their decision at a later date.

Adjourned the meeting for lunch at 12:20 a.m. Reconvened at 1:30 p.m.

Doug Bailey, Danielle Bolin and Lee Alder from Montana Dept. of Transportation appeared before the Commissioners to discuss the Speed Zone request for the secondary Hwy 285 to Radersburg, MT.

Ms. Bolin explained the procedure the Department takes before a conclusion or decision is made. After all the research of the area is completed, it is presented to the Transportation Committee. They set the speed zone based on DOT’s research. It takes approximately 60 days before a decision is made. Mr. Bailey will start collecting the data sometime around Labor Day. A number of Radersburg residents were on hand to voice their opinion and asked that the whole route be considered. The Commissioners concurred asking to have the study done on the whole route from HWY 287 to Radersburg. Other items discussed were: the Flasher at the Toston Bridge are being installed tomorrow according to Lee Alder of DOT. They won’t flash, however, until the power gets installed. He has negotiated with a contractor to put rumble strips on the centerline of the bridge. He also told the group that the approach to HWY 285 is going to be widened. Mr. Heisey of Radersburg asked about the American Legion white crosses that the Highway Department has removed from their construction zones. The Highway Department representatives will try to stake the areas so that the American Legion can re-install the crosses after the construction is completed.

Virgil Binkley representing the Search and Rescue met with the Commissioners to discuss the Search and Rescue Building. The Commissioners decided to build the building on the County’s property located at the alley between N. Pine and N. Spruce Streets. The Commissioner want the sewer and water lines installed before the City’s Street project is started. The Search and Rescue members will proceed with the building project.

Jim Holland Sr., Chairman of the Airport Board, report to the Commissioners that he spoke with the owner of Triple Tree, which is the Company that would complete the Canyon Ferry Airport runway project. He told Mr. Holland that he could complete the project for around $50,000. It wouldn’t be quite as good as the original specification but would work. Triple Tree will send the specifications to the Airport Board. The Mt. Aeronautics’ grant will have to be amended. Mr. Holland gave copies of the survey of Canyon Ferry Airport that the Montana Aeronautics had done in 2002. All the pins were found at that time. A discussion regarding Bob Hollister’s "thru the fence" easement to the Canyon Ferry Airport occurred. The Commissioners are concerned about the entrance to the Airport and whether it would be safe or not. Mr. Holland thinks that the $300 access rate is a little high when compared to the hangar fees currently being paid. The Airport Board will review the Hangar fees next year. Mr. Holland told the Commissioners that the Weed Department would provide weed spraying for Canyon Ferry Airport. The Commissioners told Mr. Holland that they will ask the Road Dept. to mow the vegetation 10 ft around the runway at the Canyon Ferry Airport. The Commissioners discussed the Airport budget and what money will need to be available for the Townsend Airport. Commissioner McCullough asked what progress was being done towards the pilot lounge. Mr. Holland stated that the lounge has been put on hold since the bid to complete it was for more than the budgeted $7500.

Kim Kondelik, Mary Louise Hendrickson and Jerry Bodmer appeared before the Commissioners. They are applicants for the 2 positions open on the Planning Board. The Commissioners explained that the position to the Planning Board on a volunteer basis. There are two meeting per month plus an occasional night meeting. It takes about 10 hours of the member’s time each week. The Commissioners asked each applicant for their background and why they are interested in serving on the Board. The Commissioners will make their appointments after reviewing the applicant’s letter.

Ben Knaff, Under sheriff and Sheriff Richard Thompson met with the Commissioners asking for their decision regarding an additional dispatcher. They currently have 5 dispatchers but are running into problem covering the desk because of vacations. The Commissioners approved the hiring of the new employee. Mr. Knaff reported to the Commissioners that he has been in contact with the City of Three Forks regarding sharing a sheriff’s deputy. The position would be on call to handle the south end of Broadwater County and to cover the City of Three Forks. A interlocal agreement would have to be prepared. Mr. Knaff will continue to research the possible position. Mr. Knaff also reported that the road that cuts off from Indian Creek Road to Radersburg is washed out.

Julie Lethert, Broadwater County Planner, appeared before the Commissioners. She said that the final plat approval of Trailhead Village major Subdivision was cancelled. The Commissioners asked Mrs. Lethert if she had any new information on the Spruce Grove water and sewer problems. She reported to the Commissioners that there were still problems with septic systems in that subdivision caused by the water table. She asked what the Commissioners want her to do regarding the septic system’s drain fields. The Commissioners stated that the County is going to stay out of the Spruce Grove problems. They told Julie that her function as County Sanitarian is to issue and approve septic permits in accordance with County regulations and State Law.

After discussing the candidates for Planning Board members, Commissioner McCullough moved to appoint Kim Kondelik to the Planning Board. Commissioner Mann seconded the motion. The motion passed unanimously. Commissioner McCullough moved to appoint Jerry Bodmer to the Planning Board. Commissioner Mann seconded the motion. The motion passed unanimously.

Natalie Tomeo, Broadwater County Finance Officer, informed the Commissioners that there are several Boards that need members appointed. They are:

• The Compensation Board needs one new member as Lorrie Moos will not serve for another term.
• The TV Board: All members are willing to serve another term, which would expire on 6/30/2008. Commissioner McCullough moved to appoint Dana Beaudry, Gene Cook and Sid Huckins to the TV Board. Commissioner Mann seconded the motion. The motion passed unanimously.
• Museum Board has 4 positions that need to be filled. The term will expire on 6/30/2008.

• Canyon Ferry Trust Board has 6 non-voting member with terms expiring 6/30/2006. Commissioner McCullough moved to appoint Hershel Carpenter, Bill Hubber, Joe Jepson, Brian Patrick, Don Schauber and Ted Vanover. Commissioner Mann seconded the motion. The motion passed unanimously.
• Canyon Ferry Trust Board has 2 voting member with terms expiring 6/30/2008. Commissioner McCullough moved to appoint Mike Evans and Kim Martinson. Commissioner Mann seconded the motion. The motion passed unanimously.
• Since the Mental Health Board is not an official County Board, the appointments were not made.

Public Comments:

• Donald Schauber of Schauber Surveying advised the Commissioners that he had 2 items to discuss: (1) he found the original surveying pens on the Canyon Ferry Airport. (2) He also reported to the Commissioners the reason why Trail Head Village Final Plat approval was postponed. According to inspection by Julie Lethert, the County Planner, a cul de sac was not showing on the Plat. Mr. Schauber told the Commissioners that there was never a plan for a cul de sac in the subdivision and had never been designed on the Plat. What had happened was the grader operator used that area to turn around and now, Mrs. Lethert will not accept the Plat because of it.
• Tim Ravndal of the Montana’s for Multiple Use Committee is spear heading the gathering of information from all local governments and private individual regarding the N. Belt Mitigation Plan. The appeal will be sent to Missoula. He will keep the Commissioners informed.

Clerk and Recorder/Treasurer, Judy Gillespie, presented the Commissioners with a list of the delinquent real estate taxes. She told the Commissioners that she had a phone call from a person in Arizona that would take assignments on all delinquent taxes if the Commissioners would waive the penalty and interest. The Commissioners said they would not waive the penalty and interest.

Mail:

• Mosquito Board requesting permission from the Commissioners to be able to set up a charge account at "Bumper to Bumper" Parts Store.
• Spill Prevention Control and Countermeasure Plan for the Broadwater Bay/Silo’s was reviewed by the Commissioners. A correction to the agreement regarding the location of the area where the fuel is to stored will have to be made before the Commissioners can approve it.
• Letter from Montana Dept. of Transportation asking for the Commissioners support of their project involving a turn lane west of the interchange at the Three Forks Junction. The Commissioners will send letter of support. In the letter from the Commissioner, they will ask for access considerations of the roads intersecting the project.
• Notification that the Neild Road issue has not been solved.

The meeting adjourned at 4:25 p.m. The next regular meeting will be held on August 1, 2005 at 10:00 a.m. in the Courtroom of the Courthouse.

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James V. Hohn, Chairman

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Judy R. Gillespie, Clerk