MINUTES OF COMMISSIONER’S MEETING

August 08, 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.

Bob Masolo, Supervisor for the Road Department, appeared before the Commissioners to report on the following items:

• The crew has fixed 2 washouts on the Confederate Gulch Road. Fish, Wildlife and Parks has filed a complaint against Tracy Forkner, a miner, for disturbing the streambed. The County obtained permits from Fish, Wildlife and Parks before fixing the Road.
• The Road Dept. personnel hauled around 1300 yards on the Bureau Road of the Silo’s Campground.
• The County has until September 15^th, 2005 before the Highway Gravel Pit will be filled in. Mr. Masolo is concerned about the gravel that Beth Ihle wants for the bike path that she has applied for a grant to construct. He will find out what is going on.
• The Commissioners informed Mr. Masolo that the Search and Rescue would be constructing a new Search and Rescue building on N. Spruce. Bob said that the ground water conditions in that area will need to be addressed.
• Judy Gillespie, Clerk and Recorder/Treasurer, asked if the Road Crew would help move some furniture and supplies donated by the Apprenticeship Bureau at the Federal Building. Bob told her that they would.

Jim Holland, Chairman of the Airport, and Neil Salmi, airport maintenance, met with the Commissioners. Mr. Holland presented the Commissioners with a contract from Triple Tree for $52,500. It is the Company that will be working on the airstrip at the Canyon Ferry Airport. Mr. Holland assured the Commissioners that he had received Montana Aeronautics approval to use the grant monies for the project. Commissioner McCullough moved to approve the contract. Commissioner Mann seconded the motion. The motion passed unanimously. Commissioner Mann asked Mr. Holland to write a letter to the National Guard informing them of the renovation on the airstrip. The "through the fence" easement at the Canyon Ferry Airport requested by Mr. Hollister was discussed. Mr. Holland said that Mr. Hollister would pay the yearly $300 easement fee. He would also like to build a taxi strip at his own expense. The strip would run parallel to the landing strip. The Commissioners said that they would like to see an annual contract with Mr. Hollister outlining the liability, maintenance, etc. before they would make a decision. Mr. Holland told the Commissioners that he has checked with a number of Companies on how to obtain Fuel for the Townsend Airport Fuel Vault. He said that it appears that Phillips is the best company to do business with. Mr. Salmi advised the Commissioners that the fuel should be priced at the going rate. Mr. Salmi stated that when the Fuel Vault is installed that they will have to disturb the power by moving it about 12 feet. He said that it should be moved anyway. The CIP-Budget was not discussed.

John T. Flynn, Broadwater County Attorney, appeared before the Commissioners to advise them about amending appendix "B" of the County’s Subdivision regulations. The George Collin’s property taken by the County through the Tax Deed Process was discussed. Mr. Flynn wanted to

know what action the County had taken regarding the ejection of Mr. Collins. The discussion was that the Commissioners had given Mr. Collins 30 days to remove his personal property. This time period has ran out. The Commissioners will give Mr. Collins an additional 10 days to remove his personal property. Judy Gillespie, Clerk and Recorder/Treasurer, advised the Commissioners that they have 6 month from the date of the filing of the Tax Deed to hold the sale on the property. The Commissioners will set up a time schedule for the sale of the property.

Natalie Tomeo, Finance Officer, advised the Commissioners that the Home Health Grant has a negative balance as there was a misunderstanding about what the Grant would pay. The Health Nurse thought it was the grant’s match. Ms. Tomeo would like to make the fund whole by transfer money to it. Commissioner McCullough moved to approve the adjustment of $451.02. Commissioner Mann seconded the motion. The motion passed unanimously.

Payroll in the amount of $76,074.79 and Claims in the amount of $18,187.67 were reviewed. Commissioner Mann moved to approve the Payroll and Claims. Commissioner McCullough seconded the motion. The motion passed unanimously.

The County Transfer for the Medicaid Match Agreement was reviewed. The transfer charge is $1 for every person living in the county during the 2004 Census. The money goes towards funding Golden Triangle Mental Health. Commissioner Mann moved to approve the transfer in the amount of $4430. Commissioner McCullough seconded the motion. The motion passed unanimously.

A discussion about the Mosquito District occurred. There maybe a short fall in funding because of a breakdown in communications between the County’s Mosquito Board, Bureau of Reclamation and Fish, Wildlife and Parks.

Casne and Associates was hired to test the old jail for asbestos. Upon completion of the tests, a report was sent to the County and City stating that they didn’t find any asbestos in the old jail. Department of Environment Quality is asking for additional samples to be taken. The cost of the

Testing will come out of the Jail’s CIP fund.

Julie Lethert, County Planner, presented the Finding of Fact and Order for the application of Broadland Company, LLC for preliminary approval of the subdivision known as the Morning Sky Major Subdivision. Mr. David Smith at 118 Wheatland Road, Three Forks, MT 59752 is the manager of Broadland Company, LLC. The proposed subdivision consists of 105 lots from an existing 328-acre parcel of land. The lot size range from 3.001 acres to 4.025 acres. Lot #50 has an existing home on it. After reviewing the conditions, the Commissioners asked that the Dark Sky ordinance be added to the conditions. The Commissioners advised the Developer that the costs of the roads would be substantially more than what they were planning. The Commissioners also expect the Developer to participate in paying for the construction of the new approach from Wheatland Road to US Highway 287. The Developer said that he understood but wanted to be kept in the communication loop regarding the roads. Commissioner McCullough moved to approve the Preliminary Plat based on the conditions listed in the Finding of Fact and the additional conditions as discussed in this meeting. Commissioner Mann seconded the motion. The motion passed unanimously.

11:30 a.m. The Commissioner went into executive meeting. Reconvened at 1:30 p.m.

Julie Lethert, County Planner, presented the Finding of Fact and Order for the application of Joe Dixson for preliminary approval of the subdivision known as Mountain Vista Estates Major Subdivision. After reviewing the conditions, Commissioner McCullough moved to approve the Preliminary Plat with conditions as stated in the Commissioner’s letter to Mr. Dixon dated 08/08/05.

Commissioner Mann seconded the motion. The motion passed unanimously.

John Flynn reviewed the Mosquito Control Agreement between Canyon Ferry Wildlife Manangment, JHS of Helena and the County’s Mosquito District. He stated that it appears to be standard. Commissioner McCullough moved to approve the agreement. Commissioner Mann seconded the motion. The motion passed unanimously.

The Payroll for 7/23/05 in the amount of $74282.06 was reviewed. Commissioner Mann moved to approve the payroll. Commissioner McCullough seconded the motion. The motion passed unanimously.

Amended protective covenants regarding the control of household pets in the Deer Path Estates Subdivision was presented to the Commissioners. Commissioner Mann moved to approve the amended covenants. Commissioner McCullough seconded the motion. The motion passed unanimously.

The Commissioners discussed the Fire Chief’s request to be put on the County’s Health insurance.

Natalie Tomeo, Finance Officer, told the Commissioner that she had been advised by MACO that the Fire District would have to get an Employer’s ID and become an Employer. The Fire Chief would have to work 32 hours in order to qualify.

Natalie Tomeo, Finance Officer, advised the Commissioners that the grant for the Lewis and Clark Interpretive Kiosk was over spent.

Natalie Tomeo, Finance Officer, advised the Commissioners that the signs to mark the Toston Bridge as historical site are being obtained.

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.
• Virginia Knerr, Extension Agent and Mosquito Board Member, notified the Commissioners that mosquito spraying would only be once a week.
• Melissa Tuemmler asked if she could have copies of the County Planner’s letter to Barbara Foster and Leonard Lambott’s subdivisions since she is the Consultant for each of those subdivisions.
• Leslie Heisey of Radersburg thanked the Commissioners for their support on the traffic count study presently being conducted on the highway to Radersburg. She also wanted the Commissioners to know that the request for the Fire Chief’s health insurance did not come from the Fire Board.

Virgil Binkley and Donald Schauber presented the Commissioners with a drawing of the Search and Rescue Building. Chairman Hohn told them that the ground water conditions at the building site needs to be addressed. They will have take this advise into consideration. Donald Schauber related what has to be done as far as the water and sewer lines to the building are concerned. The Commissioners gave their approval to start the work on the water and sewer lines.

Commissioner McCullough moved to accept the Commissioner Minutes for the meeting held on August 01, 2005. Commissioner Mann seconded the motion. The motion passed unanimously.

Mail:

• Letter from the Coalition of Forest Counties advising of the County’s Forest Reserve payment.
• Copies of the letters that were sent to Chris Rains and Mike Wagner from Julie Lethert, County Sanitarian.
• Letter from Ben Sautter requesting road approach permits. The request needs to go to the road department or Department of Transportation whichever is applicable.
• Letter from Dept. of Commerce regarding the CDBG grant for transitional housing.
• Inspection report from Department of Environmental Quality on the County’s solid waste transfer site. The report shows no infractions.
• A bill from Tom Budewitz, Attorney at Law, for his services regarding the George Collins, Jr. horse case.
• Request from Tim Ravndal regarding taxes on his Mother’s mobile home.

Natalie Tomeo, Finance Officer, presented the preliminary Budget for fiscal year 2005-2006.

After reviewing the preliminary budget, it appears that the budget requests from each department will have to be trimmed.

The meeting adjourned at 4:53 p.m. The next regular meeting will be held on August 15, 2005 at 10:00 a.m. in the Courtroom of the Courthouse.

__________________________

James V. Hohn, Chairman

_____________________

Judy R. Gillespie, Clerk