MINUTES OF THE COMMISSIONER’S MEETING

This is to certify the following is a true and correct copy of the Broadwater County Commissioners Minutes approved by the Commissioners on December 19, 2005. Judy R. Gillespie, Clerk

December 12, 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.

Bob Masolo, Road Department Foreman, appeared before the Commissioners to report on the Department’s activities. The highlights are as follows:

The Road crew has been snow plowing in many areas of the County.
One of the graders caught on fire, burning the throttle. The other grader had a problem with an "o" ring. Both have been repaired.
John Wright has filed a claim with Environmental Protection Agency. His complaint is that water from rain and melting snow on the Indian Creek road drains into Indian Creek. Mr. Masolo said that if they would tell him how to prevent that drainage, he would fix it. He suggested that EPA file a complaint against the County.
Several area residents want the Road Department to plow their private roads. Mr. Masolo stated that he would like to accommodate these folks but his crew could not handle the extra work. The Commissioners said that this would leave the County open to liability suits.

Commissioner McCullough moved to approve the payroll in the amount of $164,218.60 and the claims in the amount of $53,774.99. Commissioner Mann seconded the motion. The motion passed unanimously.

Commissioner McCullough moved to accept the minutes from December 5, 2005 with corrections. Commissioner Mann seconded the motion. The motion passed unanimously

At 10:30 a.m., bids were opened for the demolition of the old County Jail. Only 2 bids were received. They were from Menard Construction and Sparrow Excavation.

Bob Davis, a county resident, asked the Commissioners about the tipping fees and the confusion of whether they should have been a part of the bid or not. The Commissioners explained to Mr. Davis that originally the county thought that they had State’s approval to dump the concrete, brick and etc from the old jail to the county’s land fill. However, the State said that there was lead based paint on the concrete and would not allow the County’s landfill to be used. The Commissioners will meet with the County Attorney to discuss the problem. The Commissioners will award the bid at a later date.

Judy Gillespie, Election Administrator/Clerk and Recorder along with Staff member, Ann Rauser met with the Commissioners to discuss accessibility to the County’s polling places. Mrs. Gillespie explained that the County’s Polling Places have to meet the American Disabilities Act standards by January 2006. The Secretary of State has received money from the Federal Government in November, 2005 to help with the costs to the Counties. The money is made available through a grant process in which the County has to put up a fourth of the costs through an "in kind"match. The grants are for up to $5000 per polling place. Two weeks ago, Mrs. Rauser and Mrs. Gillespie met with Raylynn Lauderdale and Dennis Unsworth of the Montana Advocacy Program. The group surveyed 2 of our polling places and determined what needed to be done in order to make them compliant. The Winston Fire Hall still has to be surveyed. Mrs. Gillespie told the Commissioners that the next step is to get their approval to apply for the grants and to get approval from the Fire Board to do the work on their Fire Stations at Winston and Toston. She has already gotten approval from the Townsend School K-12 to do the work on their building. Commissioner McCullough moved to give approval for the Election Administrator to apply for the grant. Commissioner Mann seconded the motion. The motion passed unanimously.

Julie Lethert, County Planner, explained that her office is in needed of additional staff in order for her office to function properly. She told the Commissioners that she wants to hire someone as soon as possible. She calculated the salary for the position from January 01, 2006 to June 30, 2006 to be $18,452.07. She presented the Commissioners with a way to fund the Administrative Assistant position by increasing our subdivision per lot fee by $25.00. If approved, this fee would now be $50 per lot. Mrs. Lethert stated that she has an issue with the space currently being used by the Planner. She would like to move her office to the space across from the Commissioner’s Room. The Commissioners caution her about making a new position that could not be funded. The Commissioners will take her presentation under advisement.

11:30 a.m. This was the time set for Public Hearing on Change to the Subdivision Review Fees. Julie Lethert, Broadwater County Planner, presented the Commissioners with a spreadsheet that showed all new fees that the Planning Board is recommending to the Commissioners for their approval. She explained that the new fees would generate money to help with the staffing of her office and other areas such as the new fire suppression fee. Comment highlights from some of those in attendance were:

Sarah Seiler, County Resident: "If we’re this close to Gallatin County, why don’t we charge the same fees as they do."
Jerry Bodmer, County Planning Board Member: "Don’t keep the fees to a minimum. Updating the regulations give more weight to the County."
Melissa Tuemmler, First Shot Enterprises: "I discourage a lot of little fees. On a pre-application, I discourage the fee because I think it should be a public service.
Cory Davis, resident of Broadwater County, stated that he feels that subdivisions need to carry their own weight.

The Commissioners will review the items submitted and take the comments and recommendation under advisement. They asked if they could meet with the Planning Board again on January 09, 2006. It was agreeable to meet on that date to further discuss the planning fees and staffing.

The 1:30 p.m. scheduled meeting with Nancy Everson of Lewis and Clark was moved to November 19^th at 1:30 p.m.

Mail:

A letter to Tim Pool was reviewed regarding his employment. He has met all the conditions of his 6 month probationary period.
Request for quarterly transfer of $75,000 from Premier Bank to Canyon Ferry Trust Board.
Request for authorization to transfer money to Peccia and Associates for their work on the Fuel system at Airport.
Letter from Department of Environmental Quality regarding a complaint that John Wright filed with them. Mr. Wright’s complaint stated that the soils that were being hauled out of the area on Front Street were contaminated. DEQ found that the soils were not contaminated.
Hershel Carpenter submitted his letter of resignation to the Canyon Ferry Trust Board.
A letter from a resident on Old Trail Road asking for answer to question on the road.
A letter from Virgil Binkley stating his recommendations for the Planning Board and Planner.

Items of Discussion:

Discussion on Board of Sheriff Prisoners occurred.

Public Comment:

Judy Gillespie, Clerk and Recorder/Treasurer, told the Planning Board that she had received numerous phone calls at work and at her home regarding their unpublished "work" meeting. She told them that some of the phone callers blamed the Commissioners for the Planning Board’s actions. She explained that the law is very specific and that the Commissioners have gone to great lengths to meet the open meeting law. Jerry Bodmer, Planning Board member, suggested that new members to the Board should be given some training. Jorja Hensley, Planning Board Chairperson, stated that Mrs. Gillespie’s reprimand was heard.

The meeting adjourn