10 W Fallon Ave Baker, MT 59313
Fallon County of Montana

Commission Minutes

Commission Minutes

MONDAY, MAY 23, 2022

9:00 AM CONVENE

PRESENT: Roy Rost, Chairman; Kevin Braun, Member; Brenda Wood, Clerk & Recorder

ABSENT:  Steve Baldwin, Member

FALLON COUNTY COURTHOUSE

The Pledge of Allegiance was held in the Commissioner’s Office to start off the week.

PUBLIC COMMENT –AGENDA/NON-AGENDA ITEMS

9:00 AM Kimberly Jensen, AP Clerk joined

          Kimberly’s County credit card was hacked; she has flagged the charges, will be in contact with Comdata (Credit Card Company) to try to resolve the issue.

9:03 AM Debbie Wyrick, Deputy Clerk and Recorder and Jeff Frank, Manager of Landfill Operations joined.

9:05 AM Kimberly left the meeting.

          Debbie and Jeff discussed billing the City of Baker for Container site employee hours worked over and above normal scheduled hours. Discussed the hours that will be billed to the City of Baker for clean-up days. The Commission made the decision, in addition to the hours worked over and above the normal work schedule, the billing to the City of Baker will also include paying for overtime and benefits.

9:08 AM Christa Alford, Payroll Clerk joined.

The employee had also written 8 hours worked on the 23rd, which was one of the blizzards. Commissioner Rost stated he felt, if the Commission closes a department down, the policy should state, “this would be considered administrative leave.”  Commissioner Braun agreed this would be administrative leave.

9:13 AM Christa and Debbie left the meeting.

          Jeff is getting a price quote on a truck in Watford City, ND for a 2002 hook truck. Discussed sending someone to go look at it. The Commission asked Jeff to bring the truck specs to the Commission. The Commission asked how well the container process worked for clean-up days. Jeff stated the contractor did a good job emptying containers and bringing empty containers back during clean-up week.

9:20 AM Jeff left the meeting.

9:25 AM Debbie Wyrick, Deputy Clerk and Recorder and Christa Alford, Payroll Clerk joined.

          After further review, Debbie stated Christa looked back at last months’ time sheets for the Container Site. The employee was offered the option to work on Friday the 22nd, (before the blizzard), because they knew the Container site was going to be closed due to weather. The employee declined the offer; did not want to work Friday.

The Commission made the decision the employee will not get paid administrative leave.

9:27 AM Debbie and Christa left the meeting.

9:30 AM COMMISSION WORK SESSION

The Commission reviewed revenues, reports, emails and other correspondence, board minutes and agendas.

9:53 AM Brenda Stoddard, Member of Public phoned in.

          Discussed how they are proceeding after removal of the FMC Board. They are waiting until they hear back from a possible Interim CEO.

10:00 AM ROAD/SHOP UPDATES/Bobby Wiedmer, Road Supervisor; Mitch Overn and Carl Overland, Shop Mechanics

           Shop Updates/Discussed containers and hook truck purchases. Discussed dozer usage at the Landfill. The Road Department dozer will be used occasionally, with the Landfill dozer being used regularly; neither will be used on garbage. They did not have to order an injector for the Ambulance; it appears the front gear on the engine spun. They will realign the gear and possibly weld in place, so this does not happen again.

           Road Updates/Sand was delivered to the Golf Course. They are going to have tarps placed on the remaining trucks. Lifted all the car gates on the road at Burdick’s, they will probably mulch the road as well; Bobby has been in touch with the landowner. Bobby visited with the State of Montana regarding sign replacements. The only roads left to blade are the dirt roads. Commissioner Rost received some calls on maintenance of Chimney Creek Road (not cutting and has washboards). Bobby felt part of the reason was because there was a lot of grass brought on the road after mulching. Commissioner Braun discussed portions of Pennel Road that have washboards as well. Commissioner Braun feels if we are not going to cut the washboards, why waste the fuel. Bobby had viewed Pennel Road; portions of the road was hard/dry, and some was not. Commissioner Braun wondered if they should stay off the roads until they can actually cut them. Bobby stated each road is different; some roads produce clumps if you blade them when wet; also feels the road needs fines added to it because there is too much rock. Discussed the maintenance plan for the road in Herbst Industrial Subdivision; Bobby stated they will be using mag-chloride on the road. Discussed preparation of the Amphitheatre area for the July 4th celebration. The Road Department will haul dirt and level the ground so Outside Maintenance can prepare to seed grass. Discussed permit that was received for rocking eroded areas. Would like the Road Department to haul the rock from Glendive; discussed where the rock would be dumped. As soon as a decision is made, the Road Department will be contacted when to haul and where to dump. The Senior Citizen parking lot and drainage will not be completed this year due to the high cost of chips and oil. 

10:30 AM PROJECT UPDATES/Shannon Hewson, Brosz Engineering joined.

          Project updates-Discussedrock the Road Department will haul for the permitted area. Shannon planned for 140-yards of 12” minus, which works out to be approximately 14 truckloads. 

10:33 AM Rich Menger, Sanitarian joined.

          Discussed the exception regarding the permit for the rock in the cut channels. Rich will research the exception regarding the permit and return with the information.

10:34 Bobby, Carl and Mitch left the meeting.

They will search for an area to dump the rock; Shannon included fabric in the permit if the Commission chooses to use it. The Commission does not feel it is necessary to use fabric for the project; discussed starting with the Triangle Park cut channel.

 10:47 AM Anna Straub, Justice of Peace joined.

          Storm drain project-This project is eligible for the ARPA minimum allocation funds; Shannon will work with Beth Epley, EPEDC Executive Director to get information needed for the application process. Bruce Moore, Baker Metal and Recycling has no 36” pipe in stock; this may be bid as an approved alternate for the project. Poly may cost more; however, you have to factor in welding man hours for steel pipe as well. Shannon discussed completing a one call; all lines are marked. There are three (3) fiber lines that run down the south ditch; the County may need more easement from adjacent landowners. A new manhole will need to be placed at the main intersection and one near each approach.

          Parking lot project-Jasen will give Shannon a progress report so projects can be organized. The waterfall project will be finished this week and will start on the curb and gutter for the parking lot project.

10:58 AM Julie Straub, HRM joined.

          The Commission discussed the Senior Citizen parking lot with Shannon. The Commission made the decision not to chip/seal this year which would include the Senior Citizen parking lot.

10:59 AM Rich left the meeting

11:01 AM Jerrie Newell, Clerk of District Court joined.

Shannon stated the box culvert project is scheduled to start after July; the Bonnievale bridge will probably be first on the list.

11:02 AM Shannon left the meeting.

11:00 AM DISCUSSION ON UTILIZING JUSTICE OF PEACE CLERKS IN CLERK OF DISTRICT COURT OFFICE

          Jerrie asked if it would be possible to use one of Anna’s Clerks on a day when they would not be working in the Justice/City Court Office. Jerrie would like to advertise for the Deputy position. The use of Anna’s Clerks would not be permanent positions, they would be temporary (fill-ins). Jerrie explained that her General Office Clerk is willing to come in when needed as well. Discussed the possibility that it could get busy again, that is an unknown. Anna does not see a problem with this; she has spoken to both of her clerks and they both said they would absolutely make it work it. Julie discussed the time sheet process; they will indicate which office and the hours worked. Anna asked what they would be paid because she would be asked. Julie explained the pay would be the same as they are currently being paid. Jerrie will provide Anna with the District Court Calendar and they will work on the remaining logistics.

Jerrie will come back in June and revisit the vacant Deputy position in her office.

11:10 AM Julie, Anna and Jerrie left the meeting.

11:14 AM Commissioner Braun made the motion to approve the minutes from May 16-20, 2022, with corrections. Commissioner Rost seconded the motion. Commissioner Rost asked for any other discussion; being none. 2 Ayes. 0 Nays. 1 Absent (Commissioner Baldwin). The motion carried unanimously.

11:25 AM Julie Straub, HRM; Debbie Wyrick, Deputy Clerk and Recorder and Christa Alford, Payroll Clerk joined.

          Payroll needs guidance regarding the EMS Program Manager ambulance runs from the Commission, as the Supervisors. Ambulance runs are separate from the Manager duties; Payroll needs to know what time the employee is making the runs. If the runs are made during manager office hours and the particulars regarding time out and time back.

11:27 AM Lisa Mitchell, EMS Program Manager joined.

          Lisa asked if they were talking about her. It was explained, Payroll needs some type of record regarding what time Lisa’s runs take place, date, time out and time back. The time is the most important since the runs are separate from the Program Manager duties. Debbie explained what was needed from Lisa. Lisa indicated payroll already has that information from the trip logs. Debbie explained, payroll does not see the trip logs, nor do they want to. Lisa indicated that she would only list runs during her off hours.

11:28 AM Christa, Julie and Debbie left the meeting.

11:30 AM DISCUSSION/DECISION ON TRANSPORT POLICY/EMS UPDATES

          Transport Policy, as amended, was discussed in detail. Discussed recommended policy amendments from the Auditor. Cancellations and refusals were discussed at length; Brenda will ask the Auditor how to handle charges for refusals, etc. and if an account can be set up in the General Fund to manage these types of events.  Clarification on “Fallon County cannot subsidize funding” for EMS. Lisa clarified EMS is able to charge the flight teams; the Auditor questioned if we were charging enough, as it would not cover costs. Lisa questioned some of the verbiage placed by the Auditor; Brenda will confirm the verbiage. Lisa discussed costs related to medications and supplies; Lisa will contact FMC to see if those items are billed out or not. If not, discussed the process that could be followed so FMC has easy access to list of medications and supplies used to add to the billing of patients. Lisa discussed some of the medications are one time use verses those that are for multiple uses. They have to keep all 3 ambulances stocked; they also have to check medications for expiration dates.  The Commission feels the charge for medications should be cost plus 20%.

          Would like permission to add another volunteer to the Ambulance crew and start orientation. The Commission granted permission to get the process completed.

          Lisa wanted to know if the Commission had further discussed the COVID money given to employees but not to EMT’s (deemed ineligible). The Commission will need to further discuss this.

12:00 PM Lisa left the meeting.

12:03 PM Commissioner Braun made the motion to recess for lunch. Commissioner Rost seconded the motion. Commissioner Rost asked for any other discussion; being none. 2 Ayes. 0 Nays. 1 Absent. (Commissioner Baldwin) The motion carried.

NOON RECESS

1:15 PM RECONVENE

PRESENT: Roy Rost, Chairman; Kevin Braun, Member; Brenda Wood, Clerk and Recorder

ABSENT: Steve Baldwin, Member

FALLON COUNTY COURTHOUSE

PUBLIC COMMENT – AGENDA/NON-AGENDA ITEMS

1:17 PM Rich Menger, Sanitarian joined.

          Storm drain project-After further review, Rich confirmed there have been no sightings of the (Piping Plover) that was listed as an exception in the permit from the Corp of Engineers. Rich will write a letter and present it to the Commission and will also send this to Shannon Hewson, Brosz Engineering.

1:20 PM Rich left the meeting.

1:25 PM Clint Townsend, Townsend Computers and Dustan Davis, IT Tech joined.

1:30 PM DISCUSSION/APPROVAL IT ADMINISTRATION, MAINTENANCE AND SUPPORT RETAINER PROPOSAL

          Clint discussed the IT Administration, Maintenance and Support proposal he presented to assist Fallon County after Dustan leaves the County. Clint discussed what would be covered in his scope of services and items that would not be included in the scope of services. If there were to be a massive failure, that would obviously be covered. Dustan discussed the new computers that were ordered with the thought the new IT Tech would install them. Clint stated that would not be covered in the scope of services, it would be over and above; this work would be completed at the hourly rate.

          Discussed possibly expanding the life of the computers from 4 or 5 years to 6 years due to purchase of solid-state hard drives. Dustan stated he has given the license renewal information to Kimberly Jensen, AP Clerk. The proposal from Townsend Computers will be given to the County Attorney to draw up an agreement, to be signed as soon as possible. Dustan’s last full day is June 3rd, 2022.

1:50 PM Dustan and Clint left the meeting.

1:55 PM Robbie Christiaens, Maintenance Supervisor; Derrick deHaan, Maintenance Assistant joined.

1:58 PM Steve Zachmann, Mayor-City of Baker joined.

Discussed rock that will be purchased to correct erosion issued will be delivered by the County Road crew. Discussed where they will dump the rock and how it will be placed in the eroded areas.

2:00 PM DISCUSSION/DECISION MAINTENANCE OF CITY/COUNTY PARKS

          Mayor Zachmann was not sure if he was not understanding the agreement for the RV restrooms at McLain Park. After the discussion last fall, Robbie and Derrick understood they were not maintaining or cleaning them. Commissioner Braun thought he remembered the Public Works Director was going to unlock and lock it. Mayor Zachmann felt Law Enforcement would unlock and lock if need be. Discussed the vandalism that takes place at the City Park verses the other parks. Discussed the constant issues, such as, broken toilets, sinks, dispensers, drug paraphernalia, plugged toilets, feces in places it should not be. Last fall they discussed cameras; Commissioner Rost felt the restrooms would not be opened until the city had cameras placed. Mayor Zachmann stated they are looking into placement of cameras but in the interim feels the Public should not have to suffer at the hands of the select few causing the issues.

Decision-Maintenance will unlock and clean and Law Enforcement will lock in the evening. The city will pursue cameras.

          Discussed the issue regarding the dog poo bags that was the topic at a prior Public Comment meeting. Steve feels Robbie handled this appropriately, and Steve was handling this as a member of the public, not as the Mayor. It was a notification to Robbie to check the stations to make sure they were sufficiently stocked.

          A new pump was installed at the Splash Park and has everything ready to go for the long weekend. Robbie will get a part for the old pump and repair it to be kept as a spare. Further discussed where to dump the rock for the eroded areas.

2:25 PM Robbie, Derrick and Steve left the meeting.

2:28 PM Kimberly Jensen, Accounts Payable Clerk joined.

2:30 PM DISCUSSION/APPROVAL/SIGN JOHNSON CONTROLS CONTRACT FOR PARKVIEW 1 ALARM MONITORING & FAIRGROUNDS AMENDMENT FOR FIRE PUMP AND BAKFLOW ANNUAL INSPECTIONS

        The Commission agreed to sign the amendment agreement for fire pump and backflow annual inspections at the Fairgrounds and the contract for Parkview 1 alarm monitoring. Both the Amendment and the Service Agreement are on record in the Clerk and Recorder’s Office.

2:35 PM Kimberly left the meeting.

2:45 PM COMMISSON WORK SESSION

2:49 PM Debbie Wyrick, Deputy Clerk and Recorder; Julie Straub, HRM and Christa Alford, Payroll Clerk joined.

          Baker’s Seasonal Cemetery Caretaker was unable to get into the Cemetery due to the snow event (April 25th and April 26th). Commissioner Rost recused himself from the decision.

Commissioner Braun stated it is his opinion we have to follow policy; the employee would either have to use leave and if no leave balance is available, it would be leave without pay.

2:55 PM-Debbie, Julie and Christa left the meeting.

3:13 PM Lisa Mitchell, EMS Program Manager joined.

          Lisa brought in the April Ambulance bookkeeping report received monthly from FMC. Lisa stated all of the PCR’s that are marked “not received” have been done for months. Lisa was very upset because this reflects poorly on her. Lisa further stated FMC had not been in the program since the 11th of May. Commissioner Braun suggested she contact FMC. Lisa felt the Commission should contact them.

3:17 PM Lisa left the meeting.

WORK SESSION CONTINUED:

Commissioner Braun made the motion to approve the quote received from Fireside for a new copy machine for the Treasurer’s Office. Commissioner Rost seconded the motion. Commissioner Rost asked for any other discussion; being none. 2 Ayes. 0 Nays. 1 Absent. (Commissioner Baldwin). Motion carried.

The Commission made the decision not to pay the interim dues for the Montana Natural Resource Coalition at this time.

Commissioner Braun made the motion to accept the Home Delivered and Congregate Meals bid from FMC at a cost of 12.25 per meal. Commissioner Rost seconded the motion. Commissioner Rost asked for any other discussion; being none. 2 Ayes. 0 Nays. 1 Absent. (Commissioner Baldwin). Motion carried.

Commissioner Braun made the motion to approve and sign the contract from C5 Rodeo Co for stock services for the PRCA Extreme Broncs Event, in the amount of $31,800. The event will be held May 27, 2022. Commissioner Rost seconded the motion. Commissioner Rost asked for any other discussion; being non. 2 Ayes. 0 Nays. 1 Absent. (Commissioner Baldwin). Motion carried.

Commissioner Braun made the motion to Adopt Resolution #1086 approving Special Deputy for Case No. DC21-11. Commissioner Rost seconded the motion. Commissioner Rost asked for any other discussion; being none. 2 Ayes. 0 Nays. 1 Absent. (Commissioner Baldwin). Motion carried.

Resolution #1086 is on record in the Clerk and Recorder’s Office.

         Commissioner Rost approved approach permit #733 for access to a lot in Section 24-Township 7 North-Range 59 East of the Fairway Acres Subdivision. The fee of $150.00 was paid.          

3:29 PM Julie Straub, HRM; joined

3:30 PM SALARY DISCUSSION/DECISION EMPLOYEE WAGES & SALARY UPDATES

         Discussion on COLA for new employees.

The Commission made the decision the employee must work 1 full year before receiving the COLA; this is how it has been handled the past several years and will remain the same. 

          Market adjustments were discussed for various positions.

Commissioner Braun made the motion the Administrative Assistant position would start at $17.50 per hour; upon completion of probation the position would receive an increase to $18.50 per hour. Commissioner Rost seconded the motion. Commissioner Rost asked for any other discussion; being none. 2 Ayes. 0 Nays. 1 Absent. (Commissioner Baldwin). Motion carried.

          The Commission wishes to wait until Commissioner Baldwin returns before making further salary decisions.

4:30 PM Julie left the meeting.

4:45 PM Commissioner Braun made the motion to adjourn the meeting. Commissioner Rost seconded the motion. Commissioner Rost asked for any other discussion; being none. 2 Ayes. 0 Nays. 1 Absent. (Commissioner Baldwin). The motion carried.

          ADJOURN

                                                                                                                s/Roy Rost, Presiding Officer

ATTEST:

s/Brenda J. Wood, Clerk and Recorder