Commissioners to Revise Proposed Procedures, Application for Family Transfer Exemptions
 | Author:
Linda Kent, MT 43 News Staff Reporter
MT43 News Correspondent |
Linda Kent
MT 43 News Staff Reporter
County Commission 03202024
In the face of strong public feedback to proposals to revise the county’s family transfer exemption procedures and application, Broadwater County Commissioners decided on March 20 to send the documents back to the drawing board. Revised procedures and a streamlined sub-division application will be reviewed at a later meeting, once feedback has been incorporated.
Deputy County Attorney Kaylan Minor said her intent in making the initial revisions to the documents was to provide more clarity for those considering requesting an exemption from the county’s subdivision process and to reinforce that “the county does have an interest in preventing abuses of the family transfer process”.
At issue for many of those who spoke during public comment on the proposed documents was the list of potential questions an applicant might be asked during the application process or when a proposal is brought before the commission. Some of those questions ask about late mortgage payments and delinquency. Applicants would also be required to state under oath that they did not intend to evade subdivision regulations through the transfer process.
The list of questions, as well as their phrasing, “assumes nefarious intentions of doing a family transfer,” Beth Ries of Triple R Surveying told the commission. Ries’s sentiment was echoed by several of those who commented on the proposed procedure.
Bernadette Swenson of Townsend’s Schauber Surveying asked the commission, “Is there a problem with people evading subdivision regulations?” She noted research she had done surrounding changes made to the regulations in 2019 that showed the rarity of property sales after family transfer in Broadwater County. “If someone is trying to evade, then [Montana Code Annotated – state law] allows you to prosecute them.”
Commissioner Debi Randolph noted several of the questions “could be seen as personal financial questions” individuals might be uncomfortable answering under oath.
"There is no obligation to answer,” Minor explained. “The intent is not to embarrass people but to get a holistic and comprehensive” understanding of the circumstances surrounding the transfer.
“Why are they in there as a baseline for you guys to make a decision” if applicants are not required to answer the questions, Jeff Schritz asked in public comment, also recommending those be removed entirely from the procedure.
“The reason these are here are so people can be prepared for questions that may be asked of them,” Commission Chair Darrel Folkvord responded. “If they decline to answer it, that’s fine.”
Rylan Stahly of Helena-based Stahly and Associates surveying recommended several changes, including a pre-application meeting with the commission to determine if an applicant meets the criteria for an exemption before investing in surveying work and utilizing a sworn affidavit to confirm intent to comply with surrounding laws.
Commenters also raised concerns about the suggestion that applicants seek legal counsel prior to submitting an application for exemption.
“It’s very unsettling,” Swenson said of the change in the commission’s tone toward exceptions in recent years. “No landowner should have to have a lawyer come in for every exemption they want to look into."
“We are not requiring anybody to come here with an attorney,” Folkvord said.
“What happens often is that when people come here and they haven’t talked to an attorney, they ask our legal department questions,” Randolph said. “We cannot provide that.”
Commissioner Lindsey Richtmyer withdrew her original motion to approve the changes to the exemption procedure, pending changes based on public comment. “I think there were really good suggestions,” she said. “We’re walking a really interesting line with everything that has come down regarding subdivisions and water.”
Minor also presented a summary of a revised exemption application, which condenses two existing documents. The revised application would include the option of requesting a pre-application meeting. It also requires that applications be made one parcel at a time for one exemption type.
Commissioners took no action on the revised application, asking that it, too, undergo changes as suggested by public comment before being presented for approval.
Also at the March 20 Meeting:
● Al Christopherson with the Broadwater County Development Corporation’s (BCDC’s) Trails Committee presented a survey of the county’s hike- and bike-able trails and transportation routes. The work excludes existing trail systems on U.S. Forest Service and U.S. Bureau of Land Management (BLM) land.
The committee’s goal is to create and implement a hike-bike master plan for the county that focuses on using existing trails to improve connectivity throughout the county, provide access to critical and emergency services, and offer healthy recreation and educational opportunities. It includes continuing a paddler’s trail that currently exists from the Missouri River Headwaters to Toston Dam.
Priorities include a pedestrian way across the Missouri River at Indian Creek Road, Centerville Road from Indian Creek Road Campground to Canton Lane, north Harrison to the Fairgrounds, Townsend to Silos Road, including underpasses; Copper City Road, and Silos Road trail.
Other ideas include digitizing the original Lewis and Clark trail and making it available through Global Information System (GIS) feeds, so even boaters on the lake could see where they’re at in relation to the trail.
Next steps for the committee include researching grants, developing memoranda of understanding, and finding funding for priority projects, as well as funding for the long-term maintenance of trails throughout the county.
● County Clerk and Recorder Angie Paulson gave official notice that, since fewer than three candidates filed Broadwater County Commission District 3 and Broadwater County Clerk of Court, those races would appear only on the November 5 general election ballot. Incumbent Darrel Folkvord and candidate Jesse Swenson filed for commission district three. Audrey Plymale and Kelsi Anderson filed for the open clerk of courts position.
● Representative Jane Gillette informed the commission about a Housing and Urban Development (HUD) Survey available on the Montana Department of Commerce website. The survey allows communities the opportunity to provide feedback on how HUD funds are used in the community.
● County Public Works Director T.J. Graveley spoke to the commission about items not accepted at county dump and transfer sites. These include oil, which can be recycled at locations in Helena, and paint, which can only be accepted as a solid. Responding to a question from Randolph, Graveley also said hours at the Cedar St. and Winston stations may be extended in early April.
● A Parks and Recreation board member summarized an email from board president Lacey Forrey to the commission. The committee meets with Great West Engineering on April 4 to begin scoping a master parks and recreation plan. Areas to be reviewed include Centerville, the golf course, and the acreage around Connors Field. The initial meeting hopes to lead to a cost for those priorities.
