Chairman McCullough called the meeting to order. Commissioner Elaine M. Mann and Commissioner James V. Hohn were present.

The Commissioners review the minutes for March 13, 2006 and March 06, 2006. Commissioner Hohn moved to accept the minutes with corrections. Commissioner Mann seconded the motion. The motion passed unanimously.

Judy Gillespie, Clerk, informed the Commissioners that Melissa Gilster would be taking the minutes of their meeting after lunch. Judy was attending a funeral.

Bob Masolo, Road Department Supervisor, appeared before the Commissioners to report on the activities of his Department.

• A group of citizens with addresses of Ross Gulch appeared before the Commissioners to ask for some thing to be done to their road to make it passable. The group consisted of Roy Nielson, Elwood McCracken, and Albert Bourgeois. They reported that the road is impassable and brought a video to prove it. They stated that a number of folks that live and use the road have health problems. They are concerned that they wouldn't be able to get out to the highway if there was an emergency. Mr. Nielson told the Commissioners that this was a real serious liability issue to the County. Mr. Masolo told the group that his department spends more time on Ross gulch removing snow than any other road in the County. He said that when you live in the mountain areas, you need to expect to be unable to have access to the highway at different times of the year. Chairman McCullough asked the group if they would be interested in a possible road maintenance district. The group said that they would like to see how it works. The Commissioners will look into the problem asking Mr. Masolo to give them a written report on the condition of the road. They also asked him to report on alternate routes from the Ross Gulch area.
• Mr. Masolo reported that Developer of the Colter Run Subdivision wants to leave the power poles in the easement for the road and would like to have an exemption. The Commissioners refused to give them an exemption as they feel this is a safety issue.
• The people who own the KOA campground at Three Forks Junction asked permission to tear up the payment of the County Road leading into the Campground. The Commissioners said that as long as the owner puts up a bond during construction, constructs the road according to the County's specs and pay for the construction, then it would be all right.
• A grader was sent down to Price Road to grade it. The Cavanaugh’s were supposed to have the road done earlier but it hasn't gotten done. The Commissioners will send the Cavanaugh’s a letter saying that if this continues they will bill them for the time and expense of the the grading.
• Department of Transportation advised the Commissioners that they would give the County a number of steel beams ranging in length from 89 1/2 feet long to around 6 feet. They will be available in 2007. The Commissioners told Mr. Masolo to find out how much it would cost to have the beams moved.
• A Petition from Old Town and Eustice Road Residents was sent to the Commissioners asking for maintenance to be done on their road and asked for a load limit to be placed on it. The petition was give to Bob Masolo for follow up. He will report back to the Commissioners.
• Mr. Masolo reported that Mike Santi of Ross Gulch has put up a dirt burm in the County's right of way to keep people from driving on his grass. The Commissioners asked Mr. Masolo to talk to Mr. Santi asking him to remove it.

Judy Gillespie, Clerk and Recorder/Treasurer, asked the Commissioners had made a decision on whether or not to waive the solid waste fees billed to West Mont. She explained that the Company has not been here since 2000. Commissioner Mann moved to waive the delinquent solid waste fees for West Mont. Commissioner Hohn seconded the motion. The motion passed unanimously.

Linda Campbell, Broadwater County resident along with Broadwater County Attorney, John T. Flynn appeared before the Commissioners to discuss land that she owns. She needs clarification on the 7 acres Parkland described in lot 16 of survey 1-147. The parkland is described as in the Northwest corner. She said that since there wasn't a real legal description, can she put it where she wants. The Commissioners gave her permission to do so as long as there is access to the parkland. Linda will have new deeds and surveys done.

Secretary of State, Brad Johnson and Jeff Garrard, staff member, met with the Commissioners to discuss Help America Vote Act. They explained what their department has been accomplishing since the enactment of the Act. They asked how it had affected this County. Clerk and Recorder/Election Administrator, expressed to them that her office is under additional stress because of the act. She hopes once she and her staff becomes more familiar with the new voter registration system that it will make a difference. She said that everything is hitting her office all at once in addition to HAVA. She will have the ADA compliance hopefully done by the Primary Election, thanks to help from the Rural Fire Dept. Mr. Johnson asked the Commissioners to write a letter of support to our Congressman asking for additional money to support the voters.

Commissioner Hohn moved to award the approval of the new and approved contract for excavation of the Silos Bay. Commissioner Mann seconded the motion. The motion passed unanimously.

Commissioner Hohn moved for the conditional approval of the Nichols/Price contract on the floating docks pending verification of their LLC. Commissioner Mann seconded the motion. The motion passed unanimously.

The Commissioners discussed the Planning Board Members vacancy. The Commissioners had no recommendations at this time.

Two letters were received from the Rolling Glen Ranch Subdivision Developers. Mr. Cavanaugh disagrees with the Three Forks Fire Dept's request for a 30,000 gal water tank plus $250 fire fee per lot on Phase 3 and 4 of his subdivision. The Commissioners will send letters to the Planning Board and Three Fork's Fire Dept requesting their input on the Fire requirements. The other letter was regarding the road to Joe Dixson's subdivision. This situation will also be referred to the Planning Board.

Commissioner McCullough adjourned for lunch at 12:00 p.m. and reconvened at 1:30 p.m.

· Larry Murphy, Broadwater County Public Defender, met with the Commissioners to discuss Public Defender changes. Mr. Murphy was offered a job in the State Defenders Office beginning May 1, 2006 and the contract he has with the county ends on June 30, 2006. Mr. Murphy suggested having Mr. George Quintana fill in as the County’s Public Defender, starting May 1, 2006, for the month of May and June.

Beginning July 1, 2006 the State Public Defenders Office will take over the payments for the County. The County’s District Court and the Justice of the Peace Office will no longer be responsible for the payments. Mr. Murphy said the same contract he has with the County could continue however, beginning July 1, 2006 the contract will be between the State Public Defenders Office and the County.

Mr. Murphy requested that the May & June payments be made in George Quintana’s name since he will be the one working in that capacity for those two months. Commissioner McCullough asked Mr. Murphy to put the request for the May and June Public Defender’s payment in Mr. Quintana’s name in writing. Natalie Tomeo, County Finance Officer, asked Mr. Murphy if he could provide in writing a letter stating that the funds will no longer come from the county but from the state for budget purposes. Mr. Murphy said he would do what he could to get something in writing for her.

· Sheldon Bartel with Gateway Economics Development Corp. met with the Commissioners to discuss the County’s revolving loan fund. Mr. Bartel asked the Commissioners to raise the revolving loan fund cap, which is currently at $35,000.00 to $50,000.00 to meet the average loan size. He also asked the Commissioners if they would raise the revolving loan fund caps on two County businesses. The first one is Headwater Livestock in Three Forks, Mr. Bartel would like to have their loan cap raised from $35,000.00 to $75,000.00 and second is PFM Manufacturing in Townsend to $75,000.00.

Mr. Bartel said he would send the Commissioners a formal letter with his requests. Commissioner McCullough asked Natalie to put Mr. Bartel on the next available agenda as an action item.

Mail/Items for signature:

· Natalie Tomeo, County Finance Officer, presented the Commissioners with the Initial Attack Mutual Aid Agreement between Broadwater County & Department of Natural Resources & Conservation Central Land Offices brought in by Ed Shindoll. Commissioner Hohn motioned to accept agreement; Commissioner Mann seconded the motion and the motion passed unanimously.

· Natalie presented the Commissioners with the payroll in the amount of $88,799.84 and the March 30, 2006 claims in the amount of $66,234.82. Commissioner Mann made a motion to accept both the March 31, 2006 payroll and the March 30, 2006 claims, Commissioner Hohn seconded the motion and the motion passed unanimously.

· Natalie also gave the Commissioners the Sparrow Excavation refund request in the amount of $4,500.00 for their security bid. Commissioner Hohn made a motion to approve the refund, Commissioner Mann seconded the motion and the motion passed unanimously.

· Commissioner McCullough signed the Northwestern Energy Land & Roadway Restoration Agreement brought in by Bob Bagley.

· The Commissioners signed the Appraiser Contract from Robert Peccia and Associates.

Commissioner Hohn made a motion to accept the February 27, 2006 and March 27, 2006 minutes, Commissioner McCullough seconded the motion and the motion passed.

Mail/Subjects for Discussion:

· Commissioner McCullough asked Natalie Tomeo to write a letter to Mockel Precast & Excavation asking them to meet with Bob Masolo, Road Department Supervisor, and review Ross Gulch for their ideas and cost.

· Commissioner McCullough asked Natalie Tomeo to invite the Jefferson County Commissioners for a meeting regarding common road issues at their earliest convenience.

· The Commissioners asked Natalie Tomeo to send a memo to Nichole Brown, Secretary for the Planning Board/Rural Addressing, regarding office hours.

· Commissioner McCullough asked Natalie Tomeo to schedule a time on the next agenda for them and Virginia Knerr to meet and discuss her request to be the back up Vice Director for the NICAA’s Western Region and the letter they sent to MSU regarding a replacement agent.

Public Comments:

· Mr. Kurt Deal spoke with the Commissioners regarding conservation easements. Commissioner McCullough suggests to Mr. Deal that he contact Lois Demars/Delger?

· The following are some of the comments expressed by the public regarding the Commissioners and their decision on Virginia Knerr’s request to be the Vice Director for the NICAA’s Western Region:

Mr. Dennis Williams spoke to the Commissioners regarding Virginia Knerr, the County Extension Agent, and her request to take the role of Back up Vice Director for the NICAA’s Western Region. Mr. Williams read from the March 20, 2006 Commissioners meeting minutes regarding this issue and expressed his feelings that their request to MSU for a replacement agent while Virginia is out of the office performing the duties required for the Vice Director for the NICAA’s Western Region role was irrational.

Mr. Gail Vennes said he doesn’t believe MSU would even consider the Commissioners request for a replacement agent while Virginia was out of the office and with all the technology her being in the office is not that necessary. Mr. Vennes says that, in effect the Commissioners are denying Virginia this opportunity with their request to MSU for a replacement agent. Mr. Vennes also stated that the Commission was absurd to sit there and say that Virginia has not helped our 4-H group.

Commissioner McCullough told Mr. Vennes that the 4-H Council contacted the Commission and said they were not happy with Virginia’s performance and they wanted a meeting to discuss replacing her. Commissioner McCullough said he told the council that they were out of order and that they need to carry this further with documentation.

Mr. Ernie Nunn said that the word on the street is that the Commissioners want to get rid of Virginia Knerr. Commissioner McCullough said that except for the 4-H Board, there has been no effort at this standpoint from the Commission to replace Virginia.

Mrs. Hossfeld, Darrel Baum, Roger Sanderson, Kerry Ruckel, and Jan Walsh all expressed their support for Virginia Knerr.

Commissioner McCullough said he feels it is very important to have someone in the office not to just answer questions but to be there when a child walks in and needs help with their 4-H project.

Commissioner McCullough said he called Virginia’s boss at MSU to find out how much time she would be required to be gone. He said that the position is a 4yr. commitment and she would be gone 1 to 2 month of the year. Virginia led Commissioner McCullough to believe that it would be a 3yr commitment and only 7 days a year. Commissioner McCullough said her boss told him it is a very demanding job and the County will lose their extension agent for a substantial amount of time.

Mr. William read a letter written to Virginia from the director of the NICAA stating that as Vice Director her duties are limited.

Commissioner McCullough said he doesn’t think the problem isn’t the physical dates she would be required to be at conferences but the time to coordinate conferences for 2200 county extension agents nationally.

Dennis William asked if Commissioner Hohn would stand by his motion in the March 20, 2006 minutes, that if MSU sends a replacement agent to cover her duties, Virginia could accept the position. Commissioner McCullough responded by saying the Commission cannot make decisions on something that isn’t on the agenda. Commissioner Mann asked if the motion was already made can’t it be amended? Commissioner McCullough said not today. Commissioner Hohn said that they haven’t even heard MSU response regarding this issue we don’t know what they’ll say.

· Melissa Tuemmler asked the Commissioners for their thoughts on a possible request for a 1500ft variance for John Clark’s driveway. Commissioner Hohn said he could not comment on the issue do to a possible conflict of interest, and Commissioners McCullough and Mann both said that they would not approve the request if it came before them.

The meeting adjourned at 3pm. The next regular meeting will be held on April 10, 2006 at 10:00 a.m. in the Commissioner’s Room of the Courthouse.

__________________________

Steven R. McCullough, Chairman

Attested:

_____________________

Judy R. Gillespie, Clerk

____________________

Melissa Gilster, Deputy