This is to certify the following is a true and correct copy of the Broadwater County Commissioners Minutes approved by the Commissioners on January 8, 2007.

Rhonda Nelson, Clerk

MINUTES OF COMMISSIONER’S MEETING

December 18, 2006

Vice-Chairman Elaine M. Mann called the regular meeting of the Broadwater County Commissioners to order. Commissioner James V. Hohn and Commissioner Keith (K.C.) Lynn were present.

Lee Zwagerman, owner of Shady Rest Trailer Court, did not appear for his scheduled appointment. Julie Lethert, the County Sanitarian, was in attendance to explain to the Commissioners her involvement in the situation. She said that she had a complaint from a tenant who lived in a cabin at the Shady Rest about sewer gas being in the building. She stated that Consumer Safety had also been notified. After investigating the complaint, she wrote a letter to Mr. Zwagerman asking him to address the water and sewer problem. Mrs. Lethert told the Commissioners that Mr. Zwagerman will not be able to get a license until he comes up with corrective measurers.

Michael Koehnke, County Resident along with Broadwater County Attorney, John T. Flynn, appeared before the Commissioners. Mr. Flynn stated that clarification from the Commissioners on the AG exemption granted to Mr. Koehnke during the Commissioner’s Meeting of July 17, 2006. He told the Commissioners that the law states that a Corporation can not have a Family transfer exemption. Commissioner Hohn stated that at the time the Commissioners moved to lift the AG exemption, they didn’t have knowledge that a Corporation was involved. The law states that a Corporation can not transfer land to a member of the corporation. Mr. Koehnke stated that he has gone through a great deal of money to get the sanitation permit and now he has to go through subdivision review. He asked the Commissioners to waive the fees for the subdivision review. The County Planner stated that if the Commissioners did that they would be setting a precedent. Commissioner Hohn told Mr. Koehnke that if they allow him the exemption then they would have to allow everyone the same exemption. Commissioner Lynn agreed. The Commissioners denied Mr. Koehnke’s reimbursement request and stated that his tract would have to go through subdivision review.

Shawn Higley, Broadwater County Planner, presented the Commissioners with the application of Michael Koehnke for preliminary plat approval of the amended tract M minor subdivision. The applicant proposes to develop one (1) lot from an existing 2.09 acre parcel of land. The parcel is located approximately 3 ½ miles south of Toston on Muddy Lane, Toston, MT. Mr. Higley reviewed the Findings of Fact, noting that there was one variance that being the removal of the requirement for utility easements on all sides of the lot. The Order was then read to the Commissioners. Commissioner Hohn moved to approve the utility easement variance. Commissioner Lynn seconded the motion. The motion was unanimous. Commissioner Hohn moved for the approval of the preliminary plat with conditions outlined. Commissioner Lynn seconded the motion. The motion passed unanimously.

Shawn Higley, Broadwater County Planner, discussed the issues concerning amended Homestead Tract 2. The Developer is Dean Folkvord. At the Commissioner’s meeting on 12/11/06, the Commissioners denied the approval of preliminary plat for Homestead Tract 2 because three issues. These issues are: the County sanitarian was only able to inspect one (1) of the test pits because all the other pits were being covered; (2) Another issue was the covenants and the application did not agree regarding Granny homes; (3) as stated in the December 11th meeting Appendix P was not signed by the proper Fire District. Mr. Higley told the Commissioners that he had gone to the County Attorney for advice on what happens when a subdivision is denied. John Flynn, Broadwater County Attorney, advised that it starts all over and goes back through subdivision review. Mr. Higley also spoke with the County Sanitarian about the inspections. She told him that another inspection takes place at a later date.

Mail and items needing approval:

• Robert Peccia and Associates sent rights a way agreements, certificate of title to be sent to FAA and Claim approval for legal services. Commissioner Hohn moved to approve the documents to be signed. Commissioner Lynn seconded the motion. The motion passed unanimously. Commissioner Hohn moved to approve payment of the legal fees for work on land acquisition for the airport. Commissioner Lynn seconded the motion. The motion passed unanimously. The legal fees will be paid out of the airport budget.
• Commissioner Hohn moved to approve the minutes from 9/11 and 9/18/06. Commissioner Mann seconded the motion. The motion passed unanimously.
• Commissioner Hohn moved to approve the minutes from 12/11/06. Commissioner Lynn seconded the motion. The motion passed unanimously.
• Claims in the amount of $4720.94 were reviewed. Commissioner Hohn moved to approve the claims. Commissioner Lynn seconded the motion. The motion passed unanimously.
• A Request for reimbursement in the amount of $1012 from NRCS to the Weed Department was presented to the Commissioners for their approval. Commissioner Hohn moved to approve the request. Commissioner Lynn seconded the motion. The motion passed unanimously.
• A letter from the Airport Board discussing the usage of the airport road versus Dox’s way. One of the comments was that they would have to get FAA approval.

During the discussion, it was discovered that the minutes from 12/11/06 needed a

correction to them. The correction is to page 2 under the topic of the airport cattleguard. It should read, “ however, if the Airport Board wants the cattleguard removed, it’s alright as long as the adjoining landowner approves.”

• Boyd Andrew sent a report listing goals and objective for first quarter of fy 2007.
• A copy of a letter from Julie Lethert, County Sanitarian, to Shawn Higley, County Planner, requesting Developers to send application for approval of sanitation and water review for subdivision with parcels over 20 acres to 160 acre tracts to her for her approval.
• Montana State University notice for school on landfill design and review for transfer stations. The Commissioners will pass this on to Tim Pool, Solid Waste Supervisor.
• Junk Vehicle CIP cash balance will be transferred to Solid Waste’s budget as soon as DEQ sends approval to help offset the cost of rebuilding the CAT.

• A notice from MACO on the JPIA training that will be held in Billings, MT
• MACO’s suggestions of what the Commissioners should do the first of the year.
• A meeting on 12/27/06 at 6:00 p.m. will be held at the Headwaters Livestock Auction with the Rural Fire Board; Three Forks Rural Fire Board; Bill Fleiner, the DES coordinator; and the Commissioners. The group is known as the Fire District Planning Committee.
• The Canyon Ferry Trust Board are asking for approval of the following:

(1.) paying the claims for Shearer Communication in the amounts of $100 and $400 and Thomas Campbell in the amount of $300.

(2.) the County to commit up to $3350 based on final costs to the Broadwater Parks and Recreation Council for the completion of a survey to access the opinions of the County residents toward recreational opportunities in Broadwater County. This expense is requested to be paid out of the Trust Fund. The Finance Officer is to meet with the Trust Board Treasurer to discuss what her role in this grant will be.

(3.) A bid of $13,234 from Rocky Mountain Docks to create a walkway to the floating docks.

Commissioner Hohn moved to approve the claims and the bid. Commissioner Lynn seconded the motion. The motion passed unanimously.

• A letter from Lorrie Vennes, CFO of the Broadwater Health Center, was received asking why the total available Levied funds were not given directly to Broadwater Health Center for the general operations. Pat Krott, THS Board Chairperson, was in attendance during the discussion of the letter from Mrs. Vennes. She also questioned why the money was not going to the THS Board. Commissioner Hohn told Mrs. Krott that the Broadwater County District Hospital Board is the taxing authority and the only group to be able to ask for a tax mill. The THS Board over sees a corporation which manages the Hospital but does not have the taxing authority. He told Mrs. Krott to consult with the County Attorney about the legality of the matter. Commissioner Hohn also suggested that a new contract be drawn up between the two groups to come to some sort of agreement.
• A letter from Brook Dolan and Tara Hamilton, County Employees, was received concerning Employer’s contribution for Health Insurance.

Discussion items:

Public Comments:

At 12:20 p.m., the Commissioners went into executive session on a personnel matter.

The meeting adjourned at 12:43 p.m. The next regular meeting will be held on January 02, 2007 at 10:00 a.m. in the Commissioner’s Room of the Courthouse.

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Elaine M. Mann, Vice-Chairman

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Judy R. Gillespie, Clerk