MINUTES OF THE COMMISSIONER’S MEETING

December 05, 2005

The meeting of the Broadwater County Commissioners was called to order by Chairman James V. Hohn. Present were Commissioner Steven R. McCullough and Commissioner Elaine M. Mann.

Julie Lethert, Broadwater County Planner, appeared before the Commissioners to present the application of Steven and Deborah Wilkens for preliminary approval of amended plat of Wilken Minor Tracts 3, 4, & 5 Major Subdivision. The proposed subdivision is considered a major subdivision since the applicants are splitting three (3) existing tracts of land to create three (3) additional lots. The subdivision is located at SW1/4 of Section 15, T2N, R1E. The total acreage in the lots being review is 12.61 and the total acreage in roads is 1.38. These tracts have been designated as commercial or industrial lots. Mrs. Lethert read the Planning Board’s Preliminary Findings of Fact and Order to the Commissioners. See copy attached. Upon the reading of Finding of Fact and Order, Commissioner McCullough moved to approve the preliminary plat subject to the conditions listed in the Order and the addition of the road improvement in #8 of those conditions. Commissioner Mann seconded the motion. The motion passed unanimously.

Julie Lethert, Broadwater County Planner, appeared before the Commissioners to present the application of Schogia LLC, Greg Schob, owner, for approval of preliminary Plat known as Wheatland Meadows Major Subdivision. Mrs. Lethert explained to the Commissioners that before she could present the preliminary plat that the Commissioners needed to make a decision on the applicant request for waiver of the County’s road construction standards. The Developer proposes to use 6inches of gravel for a base with 3 inches of pavement. The County’s standards state a 9 inch base is needed. Morrison Maierle’s Road Engineer is concerned about that proposal. The County’s Road Foreman expressed his concern about the soil in the area and how special treatment is needed in the road construction. Commissioner McCullough moved to deny the Developers request for waiver of the County’s road standards. Commissioner Mann seconded the motion. The motion passed unanimously. With that decision, Mrs. Lethert continued her presentation of the preliminary plat. The proposed subdivision is to create 123 lots from an existing 312.7 acre parcel of land. Of the 123 lots, 19 lots are proposed for commercial use. The subdivision is located at E ½ of Section 9, T2N, R1E. These tracts have been designated as commercial or industrial lots. Mrs. Lethert read the Planning Board’s Preliminary Findings of Fact and Order to the Commissioners. See copy attached. Commissioner Mann asked if the land in CRP has been removed from the program. The Developer’s representative, Dbec, said that it had. Upon the reading of Finding of Fact and Order, Commissioner McCullough moved to approve the preliminary plat subject to the conditions listed in the Order. Commissioner Mann seconded the motion. The motion passed unanimously.

John T. Flynn, Broadwater County Attorney, appeared before the Commissioners to discuss Road Improvement Districts. The Commissioners asked Mr. Flynn for legal advice on how the districts should be set up. Mr. Flynn told them that it is outlined in the Montana Codes Annotated. He will provide them with copies of the codes

Commissioner McCullough moved to approve the Commissioner’s minutes from the meeting held on November 28, 2005. Commissioner Hohn seconded the motion. The motion passed unanimously.

Pam Converse, Weed Department Coordinator, along with the entire Weed Board Membership appeared before the Commissioners to discuss an additional mill levy for the Weed Department. Kelly Ingalls, President of the Weed Department and Ms. Converse told the Commissioners that their current special mill levy expires June 30, 2006. They want to ask for an addition 5 mills on a permanent basis. They want to hold a mail ballot election on March 15, 2006 for the voter’s decision on the matter. They presented the Commissioners with a copy of the resolution. The matter will be advertised in the paper for 2 weeks. After this period of time, Ms Converse will meet with the Commissioners for their decision.

Commissioner McCullough moved to approve the Commissioner’s minutes from the meeting held on November 21, 2005 with corrections. Commissioner Mann seconded the motion. The motion passed unanimously.

Tim Pool, Solid Waste Supervisor, met with the Commissioners to update them on his department’s activities. He asked if he could purchase a welder so that repairs can be done to the canisters. Commissioner told him that if he had enough in his budget, he could. He would like to attend Clinics on setting up recycling programs. The Commissioners told him they don’t have a problem with that.

Donald Schauber of Schauber Surveying and Steve Cavaungh, Developer of Rolling Glen Ranch Subdivision, appeared before the Commissioners to discuss the Rolling Glen Ranch Road. They explained to the Commissioners how to improve the road by moving it. Their proposal is to construct and pave 1 ½ mile of current Rolling Glen Ranch. Joe Dixson, Developer of Mountain Vista Estates is willing to pay for a portion of the road. Donald Schauber told the Commissioners that the realignment of the road will make it safer. The Commissioners told the group if they can come up with an engineer’s plan, they would have a problem with it. The group asked the Commissioners if this road will be a County Road or a Public Road. The Commissioners told them that it is a Public Road. They showed the Commissioners on their master plan of the subdivision how they could provide access to Mountain Vista Estates Subdivision. However, before they could construct the road, they asked for preliminary approval of the master plan. Joe Dixson asked the Commissioners if they would accept an irrevocable letter of credit. The Commissioners will check with the County Attorney to see if it is appropriate. Donald Schauber asked if specifications prepared by WGM Group of Missoula, MT would be acceptable. The Commissioners said yes.

Commissioner McCullough moved to approve the claims in the amount of $39751.03. Commissioner Mann seconded the motion. The motion passed unanimously.

Mail:

• An agreement with the Library Board and notification of change to the agreement was received. The change is that the Library Board will work with Chief Librarian to agree on an annual work plan, provide on going feedback on performance and an annual performance evaluation in conjunction with the school principal. The Commissioners said this seemed reasonable.
• Memo and Letter from Joelle Briggs, Region Compliance Program Manager of FAA, Northwest Mountain Region, Airport Division, Helena, MT. A copy will be sent to the Airport Board and a copy will be referred to the Commissioner’s Attorney.

Items of Discussion:

• Steve Cavanaugh, Developer of Rolling Glen Ranch Subdivision, asked if it was too late for the developers in the area to get together on finding a solution on how to handle the problems regarding Wheatland Road. The Commissioners told him that it was not too late.
• The Commissioners want the Clerk and Recorder to place a legal notice in the Newspaper stating the Commissioners will not meet on December 26, 27^th, January 2, 2006 and January 16, 2006 because of the Holidays.
• A discussion regarding the Planning Board minutes occurred regarding road study.
• Commissioner Mann reported on the Forest Service Roadless Rule Meeting with the Governor.

Public Comment:

• Donald Schauber wanted the Commissioners that the original bid that he quoted to them for the Flood Plain surveyed has to stay the same. After he reviewed it, he determined that there would be over 65 bench marks that Dept of Natural Resources would require. He couldn’t do the work for anything