MINUTES OF COMMISSIONER’S MEETING

August 01, 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 moved to accept the minutes with corrections of the Commissioner’s meeting held on July 25, 2005. Commissioner Mann seconded the motion. The motion passed unanimously.

John T. Flynn, Broadwater County Attorney, appeared before the Commissioners to discuss the following:

• his research on Eustice Road and Old Trail Road. Mr. Flynn stated that the legal description of the property on the petitions is not clear, especially the petition for Old Trail Road to distinguish whether or not is the County Road described. However, there is some aerial evidence that looks like it might have been the road. The research is so ambiguous that if the property owners involved can’t come to some agreement, the Court will have to decide. One thing that makes no sense, is to have a 60-foot County road easement coming through all the parties property. Mr. Flynn suggested abandoning the current 60-foot easement and adopting a 30 ft easement along the road that is currently used. He thinks this would solve the encroachment problem of the Clark’s garage and the neighbors on the other side would not have a 60 ft easement coming through their driveway. The neighbors below would have a guaranteed access to their property. The other thing is the avoidance of court costs. Mr. Hanke, one of the parties that are involved in the road issue, told the Commissioners that he has tried to get all the parties to come to some agreement but couldn’t get anyone to agree on anything. He stated that he is concerned about the road usage since one of his neighbors plans to develop a 120 acres in that area. The Commissioners stated that each of the parties involved have a different set of concerns and since they cannot come to an agreement, then the solution would be to have the Court decide.
• A letter that the Commissioners received from a Helena Attorney representing residents on Price Road was discussed. It asked why the Commissioners have allowed the Developers of Rolling Glen Ranch Subdivision to use Price Road. The Commissioners informed Mr. Flynn that they have granted permission to the Developers while they are completing the construction on Wheatland Road and that a long-term solution will be handled once the construction is completed.
• Mr. Flynn advised the Commissioners that he is going to advertise to fill the 3/5 position, which is being created by Lynne Arensmeyer’s retirement.
• Mr. Flynn asked the Commissioners to approve a amended per diem for elected officials to attend certain meeting that go over the normal per diem rates. Commissioner McCullough moved to amend the per diem for elected officials who have to attend certain meetings. Commissioner Mann seconded the motion. The motion passed unanimously.

The Public Defender’s contract with Lawrence Murphy, Attorney at Law, was reviewed. Commissioner McCullough moved to accept the contract. Commissioner Mann seconded the motion. The motion passed unanimously.

Claims for 7/27/05 in the amount of $33,818.10 were reviewed. Commissioner Mann moved to approve the Claims. Commissioner McCullough seconded the motion. The motion passed unanimously.

Claims for 7/26/05 in the amount of $28,433.35 were reviewed. Commissioner Mann moved to approve the Claims. Commissioner McCullough seconded the motion. The motion passed unanimously.

The 10:30 a.m. appointment did not appear. The Commissioners asked Natalie Tomeo to send a letter to Mr. Henry Gehl advising him that he is no longer scheduled automatically.

Commissioner Mann advised the Commissioners that a grass fire had occurred at the South end of the County last Thursday or Friday. The fire wasn’t on the Rolling Glen Subdivision but was the closest water tanks for refilling the fire trucks. Consequently, the fire trucks were sent there to fill up. She stated that the fire department advised her of their concern about the recovery time of the water tanks. She contacted Mr. Cavanaugh, Developer of Rolling Glen Ranch Subdivision, about finding a solution to the Fire Department’s concern. He agreed to set up a schedule where the water tankers will be filled at staggered times. Commissioner McCullough asked Commissioner Mann if the Three Forks Fire Dept. took part in her discussion with Mr. Cavanaugh. Commissioner Mann said that they had not because she could not get a hold of them.

Commissioner McCullough asked for the Sheriff to be put on the agenda in 30 days to discuss prisoner room and board fees.

The Spill Prevention Control and Countermeasure Plan on the Fuel Vault at Broadwater/Silo’s Bay was reviewed. Commissioner Mann moved to accept the Plan. Commissioner McCullough seconded the motion. The motion passed unanimously.

The open burning permit from Department of Environmental Quality was approved. The permit is valid from 10/29/05 through 10/28/06.

Nicole Brown standing in for Julie Lethert, County Planner, presented the Commissioners with the Finding of Fact and Order of the application of Charles and Nancy Slyngstad for preliminary plat approval of the Slyngstad Minor Subdivision. The proposed subdivision consists of two lots; one residential and one commercial. The only issue is a shared well but there is an easement. Commissioner Mann moved to approve the preliminary plat subject to the conditions as outlined. Commissioner McCullough seconded the motion. The motion passed unanimously.

Don Schauber of Schauber Surveying informed the Commissioners that he has written a letter to State Lands, asking for an easement to allow Stanley Kimm access to his property. Commissioner McCullough moved for historical easement to Stanley Kimm allowing him access to his property by crossing State Lands. Commissioner Mann seconded the motion. The motion passed unanimously.

Nicole Brown standing in for Julie Lethert, County Planner, presented the Commissioners with the Finding of Fact and Order of the application of Barbara Foster for Final plat approval of the Trailhead Village Major Subdivision. Mrs. Brown reported that the Planner has received the approach permit from Department of Transportation for the Church that is being built in the subdivision but not for the rest of the Subdivision. Mrs. Brown contacted Jeff DeMars of DOT about the approach. An additional permit request to include the rest of the subdivision will be sent to the Department for their approval. A discussion on what appears to be a Cul de sac in the subdivision occurred. Mrs. Brown stated that the County Planner, Julie Lethert, asked her to prepare a statement for Mrs. Foster to sign, stating that it was not to be used as a cul de sac. Mrs. Lethert was concerned because the cul de sac is 90 ft, which would make it 45 ft from the center line. She asked that the prepared statement would say that 15 feet would be used as a driveway. Mrs. Lether is also concerned about that area because that is where the well would be located. The Surveyor and Consultant explained that it was not a cul de sac but that the person constructing the roads used the area as a turn around. The Commissioners stated that Mrs. Foster would not have to sign the agreement. Upon the Review of Findings of Fact and since the Developer has met the conditions, Commissioner McCullough moved to approve the Final plat. Commissioner Mann seconded the motion. The motion passed unanimously. Melissa Tuemmler, Consultant to the Developer, advised the Commissioners that the County Planner had required the Developer to have a letter from the bank insuring that she had enough money in the Bank to bring the utilities to the subdivision. Mrs. Tuemmler said that this requirement is not addressed in the County’s Subdivision regulations. Barbara Foster, Developer of the Subdivision, advised the Commissioners that she felt that whole process took longer than necessary because additional conditions were added by the County Planner as time went on. Mrs. Foster reported that she almost lost a sale on one of the properties because of a statement made by the Planner to a prospective buyer.

The meeting was adjourned at 11:50 a.m. for lunch. Reconvened at 1:30 p.m.

Nicole Brown standing in for Julie Lethert, County Planner, presented the Commissioners with the Finding of Fact and Order of the application of Donald J Dixson for preliminary plat approval of

Mountain Vista Estates Major Subdivision. Mr. Dixson gave the Commissioners letters from himself insuring that all roads in his subdivision are to be built to County’s specs. Vigilante Electric Cooperative sent a letter to the Commissioners stating that they will coordinate any work to be done along the County roads with the Road Supervisor. Mr. Dixson asked for the Commissioners to approve the preliminary plat since the Dunbar road issue is another matter. The Commissioners stated that it is an issue and that they don’t want the County Citizens to be stuck paying the bill for the road improvement. The Commissioners told the Developer that they want the road paved but are waiting for a formula to make it equitable for everyone who uses the road. The Developer expressed frustration and asked for a list of the conditions that the Commissioners want in order for the plat to receive preliminary approval. Susie Cavanaugh, Developer of Rolling Glen Ranch Subdivision, presented the Commissioners with her solution to the road problem. Commissioner McCullough moved to table the conditions for preliminary plat approval. Commissioner Mann seconded motion. The motion passed unanimously.

Michael Cole, Townsend District Ranger introduced the New Forest Supervisor, Kevin Riordan, and the following other Forest employees: Jane Kollmeyer- Deputy Forest Supervisor; and Jerry Meyer – Public Affairs Officer. The group presented the Commissioners with maps that reflect the timber areas and roadless areas. A discussion of the North Belt travel plan occurred.

Tim Pool, Solid Waste Supervisor, stopped in to advise the Commissioners of the activities of the Solid Waste Dept. He cannot find an engineering site plan for the canister at Winston. The Commissioner told Mr. Pool to contact Casne and Associates to get a quote. Mr. Pool reported that repairs had been made to the canisters and equipment as well as safety improvements to the grass bins at the Townsend Canister site. Mr. Pool told the Commissioners that a inspector from DEQ inspected the Transfer site and said that all the complaints had been taken care of. Chairman Hohn suggested that Mr. Pool purchase a sprayer to spray the weeds along the fence lines of the Canister sites. Natalie Tomeo, Finance Officer, told the Commissioners that she had advised Mr. Pool to store the tools that he had purchased during the construction of the Lewis and Clark Interpretive Center Kiosk at the Transfer Site.

Nicole Brown standing in for Julie Lethert, County Planner, presented the Commissioners with the Finding of Fact and Order of the application of Leonard Lambott for final plat approval of Lambott Acres minor subdivision. Chairman Mann brought up the culvert size saying it should be 16" instead of 12". The Commissioners advised her that the 16" size culvert requirement is for County Roads not private roads. The verbal agreement from Linda Poe regarding her irrigation well occurred, but since it was not recorded the subject was dropped. The letter from an engineer stating the road met County standards was not in the packet. Donald Schauber left the meeting, obtained the letter from the engineer and presented it to the Commissioners. Since the Developer has met all the conditions, Commissioner McCullough moved to approve the final plat. Commissioner Mann seconded the motion. The motion passed unanimously.

A discussion about 2 missing files from the Finance Office occurred. The files are: Eustice Road and the Local Government Study Commission files. Natalie Tomeo, Finance Officer, is concerned who has access to her office since she is responsible for maintaining the files. The Commissioners decided that anyone who has a key to that office shall return it to Natalie. Another suggestion was also made that perhaps the locks should be changed.

The conditions for the Dixson subdivision to meet preliminary approval were discussed. It was decided that the conditions are as follows: (1) the road between Wheatland Road along the south boundary of section 7 north on the unnamed road shall be paved. (2) Developer shall participate in the construction costs of the approach from Wheatland Road to US Highway 287 in the amount of $50,000. (3) Developer needs to provide for the Dark Sky issue.

Commissioner McCullough moved to accept the re-stated Trust agreement with First Premier Bank. Commissioner Mann seconded the motion. The motion passed unanimously.

Public Comments:

• Don Schauber of Schauber Surveying asked the Commissioners about the layout of the Search and Rescue Building. The Commissioners informed him that they want the sewer line the full length of the County’s property. Don will survey the site and make sure that a manhole and clean out is installed in the line. Don will check with an engineer on the specifications.

Mail:

• Letter from a Helena Attorney representing citizens of Spruce Grove Subdivision.
• Letter from Virginia Knerr, County Extension Agent, regarding the article in the Townsend Star Newspaper on the mosquito spraying.
• Email from Ben Knaff, Broadwater County Undersheriff, updating the Commissioners on the half time deputy to be shared with the City of Three Forks.
• A letter from the Mayor of Townsend discussing the City’s share of law enforcement costs and the city sidewalk project.
• A letter from Department of Revenue advising the Commissioners of the Utility Companies that are protesting their taxes.
• A copy of a letter from First Shot Enterprises to the County Planner for the Commissioners information.
• Bob Masolo submitted his changes to the Road approach permit policy. The Commissioners will fine-tune the policy before holding a public hearing.
• A quarterly report was received from Gateway Economic Development.
• A Grant notice was received from the Board of Crime Control.
• The Commissioners received the First Premier Bank Agreement.
• The Commissioners received notice that the Toston Bridge is listed on the historic register as of July, 2005.
• Michael Wagner, engineer for Spruce Grove, sent letter advising Commissioners of his involvement with Department of Environmental Quality.
• Bureau of Land Management sent a copy of the Lime Stone Hill draft Plan. There is a web site regarding land acquisition.

The meeting adjourned at 4:38 p.m. The next regular meeting will be held on August 8, 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