This is to certify the following is a true and correct copy of the Broadwater County Commissioner Minutes approved by the Commissioners on March 12, 2007.

Rhonda Nelson, Clerk

COMMISSIONER MEETING

February 26, 2007

Chairman James V. Hohn called the Broadwater County Commissioners to order. Present were Commissioner Gail Vennes, and Commissioner Keith C. Lynn.

Natalie Tomeo, Finance Officer, briefed the Commission on the revenue and expenditure budget amendments-See Attachment. Commissioner Lynn moved to approve the Revenue & Expenditure Budget Amendments. Commissioner Vennes seconded. The motion carried.

Shawn Higley, Broadwater County Planner, presented Westside Trails Major Subdivision for preliminary approval. The findings of fact and order are attached. Owner of record is Curt VanDyken of Manhattan, Montana. His representation is Absaroka Consultants. The Planning Board based on the conditions-see attached granted preliminary plat approval. Jane Mercen, attorney for Mr. VanDyken, appeared to request some language changes in the order. The area of concern was # 19 (f) Waiver of right to protest… more specifically the wording “special districts”. Ms. Mercen would like “improvement” added to read “special improvement district”. According to Shawn Higley, the condition reads according to 76-3-608 (3) (a), MCA and Mr. Higley felt the condition should remain as is. Commissioner Hohn agreed that condition # 19 (f) should remain as is stated in the Findings of Fact and Order. Ms. Mercen would also like the condition # 27 (e) to have the wording “proportionate share” included. Commissioner Hohn agreed that wording could be added to condition # 27 (e) as attached. Commissioner Vennes moved to accept Preliminary Plat Approval for Westside Trails Major Subdivision with the specified changes. Commissioner Lynn seconded. The motion carried.

Shawn Higley, Broadwater County Planner, presented the commission with a letter from Kenneth Mathews, homeowner on LF Baum Road. Mr. Mathews was requesting 25mph speed limit signs for LF Baum Road, as it had gained approval before Bob Masolo retired. Commissioner Hohn asked Natalie to send a note to the road crew asking them to place the speed limit signs, as well as, an apology sent to Mr. Mathews.

The Commissioners transferred a letter from Mark and Della Ehlke requesting to Mr. Higley to review an Ag Exemption removal.

Don Thompson, Airport Board Chairman, arrived to discuss snow removal on the runway of the airport. At this time, the county road department has been clearing the runway as time allows. The issue with a hangar owner has been resolved according to Mr. Thompson. Therefore, the Commission decided to leave the process, as there are no problems with the current system.

Rhonda Nelson, Broadwater County Treasurer/Clerk & Recorder, removed herself from taking minutes for the meeting regarding Granger Way and the adjacent landowners, as she is personally involved.

Don Plymale appeared before the commission to request an amendment to the covenants for Baldy Mountain Phase I. Mr. Plymale requested manufactured homes be removed from the covenants as an allowable option. Commissioner Vennes moved to amend Baldy Mountain Phase I covenants. Commissioner Lynn seconded. The motion carried.

Don Plymale, Rhonda Nelson, Joyce and Al Irvin were in attendance for the discussion regarding Granger Way. Mr. Plymale was concerned about the number of family transfers that would or could be granted to the Levengood property. Commissioner Hohn acknowledged that they are allowable by law. Rhonda Nelson confirmed that there are 6 Levengood children and the land was always to be divided among them. Mr. Plymale stated that his concern would be if the children subdivide how many people could be using this easement. Mrs. Nelson replied that it has never been the intention of the Levengood family to have hard feelings with Mr. Plymale. Therefore, the Levengood family would look into building another road if subdivision were to take place outside the family transfers. Mr. Plymale agreed. Al Irvin asked Mr. Plymale if the Baldy Mountain Subdivision portion of Granger Way would be moved. After some discussion, Nichole Brown, Planning Board Secretary, read the Findings of Fact and Order for Baldy Mountain Subdivision Phase I. Commissioner Hohn stated that if all conditions are not met then Final Plat Approval may not be granted. Mr. Plymale stated that the road would be moved based on the centerline, according to the Cos Book 1 Page 425-see attached. Mr. Irvin agreed and inquired if all was settled concerning the road.

Mail items:

• Items/Mail for Action:

o Commissioner Hohn signed a contract “not to exceed $3356.67”with Qwest for the re-construction of phone on Lombard Road. Commissioner Hohn gave Natalie Tomeo the direction to pay the claim. Commissioner Vennes stated the Bridge Fund was the fund decided on at the prior meeting.

o The Commission received 1 application for the tax appeal board from Judy Gillespie. Commissioner Vennes moved to accept Judy Gillespie’s application for the tax appeal board. Commissioner Lynn seconded. The motion carried.

o Allegiance Benefit Plan submitted the contract, which allows for the medical insurance to be a tax-free deduction for signature. Commissioner Hohn signed the contract.

o Payroll: PPE 02/08/2007 -$205,138.22

Claims: 02/14/2007 - $46,810.71

Claims: 02/21/2007-$47666.37

Commissioner Vennes moved to approved payroll and claims. Commissioner Lynn seconded. The motion carried.

o State of Montana DEQ submitted an open burning permit application for the transfer station to be signed. Commissioner Hohn signed the application.

o Commissioner Hohn requested nominations for official appointment of Vice-Chairman of the Board. Commissioner Lynn nominated Commissioner Vennes. The nomination carried. Commissioner Vennes was officially appointed as Vice-Chairman.

o Commissioner Vennes moved to approve minutes from January 29, 2007 and February 5, 2007. Commissioner Lynn seconded. The motion carried.

• Items/Mail for Discussion:
• Dave Cogley submitted a driveway approach permit. Mr. Cogley also submitted a permit from DEQ for a culvert to run under River Road. Commissioner Hohn referred the matter to Shawn Higley, Broadwater County Planner.
• Townsend Health Systems submitted a draft Memorandum of Understanding regarding the ambulances and proof of insurance. Natalie Tomeo relayed that according to Julie Zipperian at Centennial Insurance; Broadwater County needs to be listed as an additional insured party. Commissioner Hohn asked Natalie to return the MOU with a note that ambulance needs to read ambulances and to list Broadwater County as the additional insured party.
• Neil Salmi, airport hangar-house owner, submitted his annual proof of insurance.
• MACO – JPIA submitted a letter-see attached requiring the Sheriff’s Department’s new hires to obtain a physical and mental examination.

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• Public Comments:

The meeting was adjourned at 12:05 pm. The next meeting is scheduled for Monday March 5, 2007 and will be held in the Commissioners room located in the basement of the County Courthouse at 10:00 am.

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Chairman, James V. Hohn

Attested By:

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Rhonda Nelson, Clerk & Recorder/Treasurer