Tim Poole, Solid Waste Manager, appeared before the Commissioners to update them on the activities of the Dept. He reported that the County has received the Air Quality permit to be used on July 16th from the State. Since the County is pursuing expansion of the Winston canister site, Tim asked if there were any plans of the Winston Canister site on file in the Courthouse. The Commissioners told him not to their knowledge, but that Don Lewis had constructed the site. Tim advised the Commissioners that he is going to following the same gas plan that the County Road Dept. is using. Tim told the Commissioners that he is coming up with a plan to handle the complaint about the oil recycling facility at the Townsend canister site. Tim stated that he is trying to mark where different types of garbage are to be dumped at the Canister site.

Dave Corner, Search and Rescue, met with the Commissioners on the building of a new Search and Rescue Building. He told the Commissioners that he had met with Tim Rauser, City Foreman, to discuss hooking the building into the City’s water and sewer. He said that if the new building is built on County ground located west of the County Shop there shouldn’t be a problem hooking into the water. However, depending on the soil type there could be a problem hooking into the sewer. Mr. Corner stated that he had called the Courthouse to find out if there were any requirements as to the placement of the Building and couldn’t find out any information. The Commissioners told him the reason why he couldn’t find any information on the placement was because the County doesn’t have building codes. However, the Commissioners think it should follow the City’s set back regulations since it will be bordering the City boundary. The Commissioners asked Dave to check with the City to see if it would be easy to hook into the water and sewer at the end of Spruce Street instead of Cedar Street. Dave presented a drawing of what the Search and Rescue building would look like. He asked the following questions regarding the building: (1) if the Commissioners had a preference of either a stick building or a metal one. (2) If the Search and Rescue has to sell the 2 lots their current building is on before they can start construction of the new building. The Commissioners asked him to come up with final plans for the building along with specifications and total bid amount. They will look at the finances at that time.

Judy Gillespie, Clerk and Recorder/Treasurer, reported that she had written to Kim Downey of Denning, Downey and Associates, the County’s auditors, regarding the letter that the Commissioners received from Thomas P. Hayes, Audit Quality Control Reviewer for the State of Montana, Department of Administration. The letter from Mr. Hayes states that her response to the audit findings number 04-04 may be contrary to section 7-4-2635 and 7-6-616, MCA. Mrs. Downey advised Judy to contact Mr. Hayes regarding the matter. Mrs. Gillespie told the Commissioner that she did contact Mr. Hayes but he is on vacation until next Monday. After reviewing the statues, Commissioner McCullough moved to have the Capital Improvement Project fund set up for year-end monies left in the record preservation fund. The CIP fund will be set up to purchase digital recording and scanning equipment to be used in the Clerk and Recorder’s vault. Commissioner Mann seconded the motion. The motion passed unanimously.

Pam Converse, Weed Supervisor, appeared before the Commissioners with the Bureau of Reclamations Grant Agreement for their approval and signatures. It is an 8 year agreement with $12,000 being received from the grant for this year. After a discussion, Commissioner McCullough moved to approve the agreement. Commissioner Mann seconded the motion. The motion passed unanimously. Pam told the Commissioners that she is communicating with BOR and Fish, Wildlife and Parks so that they don’t end up double spraying an area. Commissioner Mann asked about the appointment of Weed Board members. Natalie Tomeo, Finance Officer, told the Commissioner that the deadline was last Friday for the submittal of application for membership and that she had received 2 applications. The Commissioners will review the applications at their next meeting.

Judy Gillespie, Clerk and Recorder/Treasurer, told the Commissioners that a citizen who was reviewing the Commissioner minutes from August 18, 2003. discovered an error in those minutes. It pertains to the public hearing on the " Resolution for Adoption of the Right to Farm" on page 2. It should read " Resolution for Adoption of the Right to Farm and Ranch". She asked the Commissioners how she should handle the correction. They told her to prepare an amended set of minutes plus show evidence of why the change took place.

At 11:30 a.m., the Public Hearing for the amendment to Broadwater County Subdivision Regulations opened. The amendment is as follows: The Developer must submit 10 copies, bound and organized of the review materials on proposed subdivisions for Minor and Major Subdivisions for review purposes. Jenny Schauber stated that there is a definite need for additional copies. She said that when the original Subdivision regulations were written, the County didn’t have a Planning Board but now that they do, more copies are needed. With no further comments, the Hearing was closed. Commissioner Mann moved to adopt the amendment to Broadwater County Subdivision Regulations. Commissioner McCullough seconded the motion. The motion passed unanimously.

Natalie Tomeo presented to the Commissioners a request from Gerald Schlagel for an increase in fees for handling junk vehicles. Mr. Schlagel’s last increase was in 1997. Commissioner McCullough moved to adopt the increase. Commissioner Mann seconded the motion. The motion passed unanimously.

Final Community Development Block Grant Agreement for $15,000 was presented to the Commissioners for their signature. It was approved at a previous meeting.

Stanley Kim from Three Forks appeared before the Commissioners telling them that he is very concerned about access to his property on Wheatland Road. He said that the boundary of Wheatland Road has veered off from the section line and in order for him to get to his property he needs to go through Dept. of State lands. Commissioner Mann suggested that he obtain an easement from the State. Jenny Schauber of Schauber Surveying told Mr. Kimm that her Company was working on the boundary problem of the road and suggested that he go to her office to find out more details.

Hershel Carpenter, Canyon Ferry Trust Board, presented the Commissioners with the restated Trust Agreement. He said that Bill Huber, a non-voting member of the Trust Board, authored the agreement with Tom Budewitz, attorney at laws, concurrence.

It will be sent on to First Premier Bank for their review and signatures. If they agree to it, then the Commissioners will sign off on it. Commissioner McCullough asked Mr. Carpenter to ask the Silo’s Campground Manager to complete the following duties: (1) put up "keep off the grass" signs on the newly planted area near the new Boat ramp. (2) Place a garbage can at the Boat ramp. (3) The old picnic tables need to be disposed of. (4) Gazebo parking blocks need to be moved in to allow closer parking to it. A discussion on the disposal of old picnic tables took place. A suggestion that the Community Service participants could refurbish some of them for use at Confederate Gulch campground, the Fair grounds or where ever needed. The Commissioner will further investigate the disposal of the tables.

Chairman Hohn advised the Board that he had met with John Semple, spraying contractor; Tom Carlson, Fish, Wildlife and Parks; and Virginia Knerr, Extension Agent, last Friday. Chairman Hohn stated that Tom Carlson of Fish, Wildlife and Parks claims to have never been contacted or notified by the mosquito board or anyone of any meetings regarding mosquito control. Mr. Carlson wants an agreement between the parties; to be notified of the chemicals that will be used and when the spraying will occur. Chairman Hohn said that a long term agreement will be prepared. He also said the subject of monitoring came up as to who would be responsible. He feels that the Mosquito district should be in charge of the monitoring and should fall under a separate contract. Chairman Hohn stated that 2 applications of Larvaciding should occur this season, the first right away. Chairman Hohn asked the Board for permission to call John Semple this afternoon to start the spraying of Larvacide. Commissioner Mann moved to approve the spraying of larvacide with the money for the spraying to come out of the mosquito districts budget. Commissioner McCullough seconded the motion. The motion passed unanimously.

Payroll was reviewed. Commissioner McCullough moved to approve the Payroll of $70.62 and $73,938.34. Commissioner Mann seconded the motion. The motion passed unanimously.

Commissioner Hohn brought up the subject of Park fees. He met with Broadwater County Attorney, John Flynn, to see if the County had the right to charge those Park fees. John said that he will get an Attorney General opinion on the matter. The Commissioners asked if the Jepson Subdivisions were being held up because of that County regulation. Mrs. Lethert told them it was. The Commissioners said that it should not hold up the acceptance of the subdivisions.

Julie Lethert, Broadwater County Planner and Jorja Hensley and Jenny Schauber, Planning Board members appeared before the Commissioners to discuss Senate Bill 185, a new law that covers subdivision impact fees. An impact fee means any charge imposed upon development by a government entity as part of the development approval process to fund the additional service capacity required by the development from which it is collected. An impact fee may include a fee for the administration of the impact fee not to exceed 5% of the total impact fee collected. Mrs. Lethert advised the Board that one of the requirements of the bill is to establish a 5 member Advisory Committee. She feels that Impact fees should be charged according to the geographic areas because different areas have different needs. The amount of impact fee is based upon the actual costs of public facility expansion or improvements. Mrs. Lethert feels that ½ time person will need to be hired to administer the impact fees. The Commissioners decided that it would be prudent to start the process in getting the Advisory Committee organized. The Commissioners asked the Planning Board to get the Committee process started. Since the new subdivisions will cause an increase to services, the Department heads of Fire, Road, Sheriff, Search and Rescue, etc. will need to do an inventory of what their future needs will be.

The Claims in the amounts of $91,676.22 for fye 2006, and the amounts for fye 2005 are $64,097.98, 20,494.69 and 32,315.82. Commissioner Mann moved to approve the Claims. Commissioner McCullough seconded the motion. The motion passed unanimously.

Donald Schauber appeared before the Commissioners to discuss the road construction of Wheatland Road. He explained to the County that Steve Cavanaugh, Developer of Rolling Glen Subdivision is trying to work on the road to be in compliance with his agreement with the County. However, he has ran into a problem with the road boundary as it no longer follows the section line. It is causing an access problem for Rolling Glen Ranch Subdivision and for others who live in that area. After the discussion, it was decided that the Commissioners will hold a public hearing to adopt the road where it is currently located and abandon the road that is stated in the records.

Steve Cavanaugh told the Commissioners that he plans to grade Price Road once a week during the construction on Wheatland Road. He asked if he should coordinate the construction of the approach from Hwy 287 to Wheatland Road with Bob Masolo, Road Supervisor. The Commissioner told him to do so.

James Holland Sr., Chairman of the Airport Board, appeared before the Commissioners. He reported that he had spoken to Blaine County about their airport project. He said that it was reported to him that the project would have worked if the correct sealant had been used. The bid to do the Canyon Ferry Airport runway is $83,010. The County would be responsible to pay everything above the $50,000 that the aeronautic division grant would cover. Mr. Holland said that the Airport has been awarded a $27,500 loan for a period of 10 years. The Commissioners asked Mr. Holland how he plans to repay the loan. He is hoping that the County can help him with that. The Commissioners asked Mr. Holland about reducing the width of the airstrip thus causing a reduction in the cost of the project. The Commissioners asked about future maintenance of Townsend Airport and what the Commissioners need to be aware of. Mr. Holland stated that chip sealing will have to be done on the runway and if they want to expand, they will have to purchase land before that could be done.

The Commissioner Minutes for 6/13/2005, 6/20/2005 and 6/27/2005 were reviewed. Commissioner Mann asked for corrections to be made to the minutes for 6/13/2005 and 6/27/2005 with the concurrence of the other Commissioners. Commissioner Mann moved to approve the minutes with the corrections. Commissioner McCullough seconded the motion. The motion passed unanimously.

The 3:30 p.m. appointment cancelled.

Victim Witness Grant asks for a $4000 match. The Commissioners said that the match should come out of the County Attorney’s budget. Natalie Tomeo, Finance Officer, will write a letter to John Flynn.

Natalie Tomeo, Finance Officer, reported that Bob Bagley, Maintenance Dept., authorized Northwest Telecom to rewire the Commissioners and DES room. She received the bill that is in the amount of $608. She asked what budget the Commissioners want it to come out of. They told her the Finance Budget for 2005.

She also had a bill from Tom Budewitz, Attorney at Law, that she asked what budget it should come out of. The Commissioners told her the Finance Budget.

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