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

Commission Minutes – July 5-8, 2022

Commission Minutes – July 5-8, 2022

          TUESDAY, JULY 5, 2022

9:30 AM CONVENE

PRESENT: Roy Rost, Chairman; Steve Baldwin and Kevin Braun, Members; Brenda Wood, Clerk and Recorder

FALLON COUNTY COURTHOUSE

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

9:30 AM PUBLIC COMMENT –AGENDA/NON-AGENDA ITEMS

          Brenda and Klint Flint and Louise Varner joined. Klint spoke regarding the Golf Course.  They want to make the Golf Course a little more playable again.  They would like the Commission to look into it.  Klint noted that women’s night, no one wants to golf, it is discouraging and if we don’t do something, people are going to cancel memberships or go someplace else. Would like to see it put back the way it used to be.  Klint applauds the efforts that have been made, all of the work that has been put into the course and understands what is trying to be accomplished. 

9:44 AM Louise, Brenda and Klint left public comment.

9:45 AM The Commission reviewed and approved the June 30, 2022 Payroll and Withholdings in the amount of $612,337.59 and they are filed in the Clerk and Recorder’s Office.

9:55 AM Richard Menger, Sanitarian joined.

          Reported/Ponds-All ponds are full, and erosion is increasing in various areas. Sara did a great job of spraying weeds at the Workforce Housing site. 

          Sewage results-The sewage results are back and show there is a high fecal count.  It will be necessary to dig a trench to determine whose property it is coming from.

10:00 AM ROAD/SHOP UPDATES/Bobby Wiedmer, Road Superintendent and Carl Overland, Mechanics joined

          Sewage issue-Discussed the approximate area the trench will be dug to determine where the sewage is coming from. Bobby and Rich will visit the site to make the determination.

10:10 AM Rich left the meeting.

            Road Updates-Bobby was out viewing roads and they looked good. Commissioner Braun stated a member of the Public was in and reported on a road in Cabin Creek; Bobby will go view the road. Commissioner Braun also reported water was running over the road out by Singer’s. Discussed Beaver Slide Road; there is a portion of the road that is dirt and has never been graveled; it has been bladed once per year. Pat Hanley left a message he would like mowed due to all the potential fuel for fires.  Bobby stated they usually start mowing about Fair time.  The Commission feels no changes need to be made to the mowing schedule.

            Shop Updates-The ambulance is back at the ambulance garage.  There are some minor maintenance issues with the older ambulance (A/C issues, etc.).  They also plan to complete some maintenance on the side-by-side (oil change/will only go about 5 MPH/check engine light comes on).

          Bobby will go check the roads discussed at today’s meeting.  When they get the chloride, it will be placed in front of the businesses, in the Herbst Industrial Subdivision, with the exception of Baker Metal. They plan to transport the chloride after the rain slows down.

10:29 AM Bobby and Carl left the meeting.

10:30 AM Shannon Hewson, Brosz Engineering and Elisabeth Epley, EPEDC Executive Director joined.

PROJECT UPDATES

10:31 AM Rich Menger, Sanitarian joined.

          Lakeview Drive Storm/Sewer Piping & Manhole Request for Quote.  All quotes received were over $80,000; therefore, we will have to go out for bid. After the meetings with the Landowners, regarding the ROW, we will go out for bid.  Rich discussed the rock is more essential with the extra water that will be coming into the lake. Discussed a projected length of time to complete the project. Shannon felt it should be complete in 3 weeks to 1 month. 

10:45 AM Steve Zachmann, Mayor-City of Baker joined.

10:45 AM LAKEVIEW DRIVE STORM/SEWER DRAIN ROW DISCUSSION

          Easements for the project were discussed further. Shannon asked Mayor Zachmann if there were any questions or concerns from the city. Steve asked if the plans contained an inlet from Mangold field to assist with drainage. After further discussion Shannon will add another inlet for drainage in that area. 

          There will be some adjustments to make when working around the utilities for this project. 

          Steve feels there should be no problems as far as the city is concerned.  This will be visited at the City Council Meeting this week. 

          They will still need to visit with Roger Meggers as well regarding the Right of Way/Easement on his property.  Discussed the ARPA minimum allocation funding that will be used for this project. Additional projects were discussed to maximize the use of the remaining funds, such as the Town of Plevna lagoon project and possibly to clean and camera the sewer lines in Plevna. Would also like to use funds to assist with the completion of the City of Baker drainage project. If the EPA releases Fallon County from the cease and desist placed by the EPA, possibly that would be a viable project.  The projects have to be outlined by November 2022 and we have until 2026 to get them completed.

10:55 AM Stacey Moore, Director of Library Services joined.

10:56 AM Julie Straub, HRM joined.

          Discussed visiting with Monica, from the EPA when she comes to complete her inspection of the wetlands, possibly they could work the project into the timeline. 

 10:58 AM Shannon, Beth, Steve Z and Rich left the meeting.

PERMISSION TO HIRE LIBRARY SEASONAL AIDE

          Stacey would like permission to hire Danica Hanes as the Library Seasonal Aide.  Danica is going to be a Junior in high school. Discussed having her work through September 23rd; she could help out after School from 3:30 to 5:00, until Stacey returns from vacation; may discuss possible work release with the school.

          Commissioner Braun made the motion to hire Danica Hanes as the Library Seasonal Aide.  Commissioner Baldwin seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

11:01 AM Stacey left the meeting.

11:01 AM Shyla Hadley, Fairgrounds Manager joined.

PERMISSION TO HIRE SEASONAL FAIRGROUNDS LEAD CREWHAND

          Shyla would like permission to hire Bob Curry for the Seasonal Fairgrounds Lead Crew hand on a part time basis to start with.  Bob is willing to help during the Fair, (a week before and the week of the Fair).  Bob is currently employed by the City of Baker and wants to be fair to them; Bob also subs at the school. Shyla would like to get him acclimated to the position. Shyla had Wendy, Karol and Alyse attend the interview and all stressed the position is a hands-on position, as well as supervisory.  Commissioner Braun asked if we keep the position open and hire Bob to assist for now.  Shyla would like to hire Bob for the position and the Fair Board supports that decision.  Shyla will get some assistance setting up the barn from 4H. Bob does know how to set up the Exhibit Hall so that will be helpful. 

Commissioner Baldwin made the motion to hire Bob Curry as the Seasonal Fairgrounds Lead Crew hand.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none.  3 Ayes. 0 Nays.  The motion carried unanimously.

11:17 AM Shyla left the meeting

11:19 AM Julie left the meeting.

11:28 AM EMS UPDATE/Lisa Mitchell, EMS Program Manager joined.

         Updates-The weekend was uneventful; June was a good month regarding the call volume.  Again, discussed restructuring the transport policy so the Commission can adopt it.  Lisa would like a start date and will need to send letters to respective parties. The ambulance is back at the ambulance barn; the Road Department came to get the side by side.  They also need to have some work completed on the 2005 ambulance; the compressor went out on the air conditioner, etc.  Lisa will need to clean the ambulance that just came from the shop before it is put in service.  Discussed the scheduling and focusing on recruitments. Jones and Bartlett was contacted to obtain training manuals. Lisa has not been in touch with Human Resources regarding recruiting EMS attendants.   

          Lisa would like permission to adjust her time on July 11th and 12th; she would like to come in at 8:00 AM.  Permission granted. Commissioners asked if Lisa had been working on the back time discussed previously.  Lisa has completed 2015-2018. Lisa discussed completing PCRs for stand-by events; this has not been done before, but they will start doing them now.

11:41 AM Lisa left the meeting.

11:43 AM Commissioner Baldwin made the motion to recess. Commissioner Braun seconded the motion.

Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

                    NOON RECESS

1:15 PM RECONVENE

PRESENT: Roy Rost, Chairman; Steve Baldwin and Kevin Braun Members; Brenda Wood, Clerk and Recorder

FALLON COUNTY COURTHOUSE

PUBLIC COMMENT – AGENDA/NON-AGENDA ITEMS

No one appeared for Public Comment

1:23 PM Vaughn Zenko, SMART/EMEDA Executive Director joined.

1:30 PM SMART/EMEDA UPDATES/PETITION PROCESS UPDATES

          Child Care Updates-Vaughn feels they have approximately 200 signatures gathered and there are currently 7 petitions circulating; the Petition is due by August 1st.  Vaughn recently attended a Childcare Policy Workshop which was organized by Representatives Alice Buckley and Llew Jones. There are plans to get some regulatory items completed at the next legislative session. Vaughn discussed setting up a trust fund; the use of the funds would be to set up tax credits for those businesses that provide daycare for their employees. Wibaux, Carter, and Fallon Counties are the only counties in our area without licensed daycares. 

          Vaughn explained infrastructure for Daycares will never happen at the State level, it has to be done at the local level and the process being followed in Fallon County is the best way to do go about doing it.  Discussed a pilot project to allow for local providers to get licensed.  

          Discussed various fund raisers that are being scheduled such as Princess and Hero’s picnic on the 17th of July which is a free will donation function. They are still not getting as much response as they would like at the public meetings. They have not received a response from SDI as far as blueprints. 

          SMART Updates-The art walk is coming up on July 16th from 3-8PM; they are hoping to get the open container law lifted. The Community Theatre will be pushed back for a full year. They finally have everything in place to move forward with the store that will be located in the Baker State Bank building.  Working on preparation of a SMART newsletter to get more information out to the public regarding events, available grant opportunities, etc. The Real Estate Coop has slowed down; will need to do more formalization. 

1:55 PM Vaughn left the meeting.

1:59 AM Darcy Wassmann, County Attorney joined.

2:00 PM CLOSED SESSION/THIELEN LITIGATION

2:00 PM Commissioner Baldwin made the motion to go into a closed session.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

2:34 PM Commissioner Baldwin made the motion to come out of closed session.  Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none.  3 Ayes. 0 Nays. The motion carried unanimously.

2:34 PM Julie Straub, HRM joined.

2:35 PM CLOSED SESSION/PERSONNEL

2:35 PM Commissioner Braun made the motion to go into a closed session.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

2:58 PM Commissioner Baldwin made the motion to come out of this closed session. Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

2:58 PM Darcy and Julie left the meeting.

2:59 PM Commissioner Braun was excused to attend a meeting.

3:00 PM JUNE 2022 END OF MONTH CLAIMS APPROVALS

          The Commission reviewed and approved end of month June 2022 claims in the amount of $468,401.25. They are filed in the Clerk and Recorder’s Office.

4:10 PM Shyla Hadley, Fairgrounds Manager joined.

        Shyla explained the Seasonal Fairgrounds Lead Crew hand position was offered to Bob Curry and he stated he was not going to be able to accept the position. 

4:15 PM Commissioner Braun returned to the meeting.

4:15 PM COMMISSION WORK SESSION

OLD BUSINESS:

Commissioner Baldwin made the motion to approve advertising the Seasonal Fairgrounds Lead Crew hand position.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously. 

Shyla also asked if the Commission had made a decision on making an exception for County Policy #7.03.

Commissioner Braun made the motion to allow Chuck Graham to be put on a listof those eligible to operate the Fairgrounds tractor for events held at the Fairgrounds. Commissioner Baldwin seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

4:20 PM Shyla left the meeting.                

4:20 PM Darcy Wassmann, County Attorney joined.

RFP FOR PLANNER/PLANNING SERVICES/UPDATES

          The Commission asked if Darcy would draw up an RFP for a Planner/Planning Services.  Darcy will work on that.

4:42 PM Darcy left the meeting.

COMMISSION WORK SESSION CONTINUED

Commissioner Rost signed the second amendment to the MOU pertaining to the Opioid Settlement Funds.

Commissioner Baldwin made the motion to approve the request for reimbursement #9 for the Airport Project-AIP3-30-0004-022-2021 in the amount of $3,738.25.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

Library A/C-Compressor quote-Commissioner Braun stated Lane with Straub Heating and Cooling recommended replacing the entire system and figured the cost would be approximately $15-$20,000, (no quote submitted).  MTI submitted a quote in the amount of $9,800 to remove and replace 10-ton compressor/labor and materials included. (Exception would be if there were any additional components to replace and anything not specifically mentioned in the proposal would be excluded from the pricing).

Commissioner Baldwin made the motion to proceed with the submitted quote from MTI in the amount of $9,800.  Commissioner Braun seconded the motion.   Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously. 

Commission signed the Substance Abuse Disorder Treatment & Prevention designation form for EMCMHC (Eastern Montana Community Mental Health Center) and Prairie Hills Recovery Center to receive earmarked alcohol tax monies (50/50) for FY23. 

Commissioner Baldwin made the motion to recommend and bring the draft road resolution forward, with Fallon County as the sponsor.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none.  3 Ayes. 0 Nays. The motion carried unanimously.

Commissioner Baldwin made the motion to sign the Airport hay lease between Fallon County and Thomas Sparks.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

Commissioner Rost signed the grant vendor reimbursement invoice in the amount of $14,942.50, from the DNRC for the Town of Plevna Lagoon project.  

Commissioner Braun signed Denbury encroachment permits #736 & #737 to bore Coral Creek Road in Section 18-7-60, for construction of two pipelines. The fee of $300.00 was paid.

4:50 PM Commissioner Baldwin made the motion to recess for the evening. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. 0 Absent. The motion carried unanimously.

                    RECESS

WEDNESDAY, JULY 6, 2022

9:00 AM RECONVENE

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

ABSENT:  Steve Baldwin, Member

Fallon County Courthouse

9 :00 AM PUBLIC COMMENT – AGENDA/NON-AGENDA ITEMS

          Kevin Hill, Golf Course Superintendent was asked to join the Commission this morning.   The Commission explained they had some individuals attend Public Comment yesterday and addressed concerns regarding the roughs. Kevin is not in favor of cutting them.

9:13 AM Sara Berger, Weed Control Coordinator joined.

         Kevin explained there are boundaries in every sport and the native grass is the boundary at this Golf Course. Also feels it looks better than looking at the bare ground or alkali.  Commissioner Braun has been receiving calls from mostly women; he is not necessarily in favor of mowing but wants a resolution. Commissioner Braun suggested having a meeting with the Golf Course Board and concerned members and explain what Kevin is trying to accomplish. Possibly there can be something set up, so balls are collected from the tall grass and sold back to members at discounted price and possibly mow some areas back further. The next scheduled Golf Course Board meeting is July 18th at 7:00 PM; they can discuss local rules and compromise at that time.

9:33 AM Kevin left the meeting.

9:33 AM WEED DEPARTMENT UPDATES/PERMISSION TO WORK EXTRA HOURS/WEEKENDS

          Updates-Sara stated they have 24 landowners signed up this year and 8 are completely finished.  Discussed the small jobs in Ollie they are completing with a grant received.  Commissioner Rost asked if they are cleaning the undercarriages; Sara stated they definitely do clean them as required. Sara reported the man camp area looks good.  Commissioner’s stated Rich Menger gave compliments on the job completed for that area.  The Commission asked Sara to look at some other areas adjoining the man camp. 

          Sara reported that all equipment has remained mechanically sound; has 93% of the roads finished for the first time.  They are slightly behind of schedule and Sara would like permission to work extra hours to try to get caught up.  The Commission will discuss with a Department Supervisor regarding assisting with road spraying. 

          The weed pull was cancelled due to the weather; they instead had a slideshow for the (2)-4H youth that attended.  There is a Tri-County Range and Weed Tour Friday afternoon.  Sara discussed issues getting assistance from another Weed Supervisor. The County’s generally work closely together on many programs, but Sara’s main concern is Fallon County. Sara discussed bringing the education sessions to Fallon County, just needs an area to do it.  The Commission discussed a possible area to hold the education sessions. The Commission will visit with County Commission, pertaining to the other Weed Supervisor.

9:43 AM Sara left the meeting. 

9:45 AM COMMISSIONER MINUTES APPROVAL FOR WEEK OF JUNE 27-JULY 1, 2022.

Commissioner Braun made the motion to approve the minutes from June 27-July 1, 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. 

9:55 AM Debbie Wyrick Deputy Clerk and Recorder/Election Administrator joined.

         Debbie met to discuss consolidating the County Surveyor with another elected official’s office, (other than

the Commission). Does not have all the specifics at this time but Debbie feels if the process is started in November, it will be completed by the next election cycle.

10:01 AM Jeff Frank, Manager of Landfill Operations joined via conference call; Steve Zachmann, Mayor-City of Baker joined.  

10:00 AM DISCUSSION ON RECORD DISPOSAL

          Debbie presented information in preparation of record disposal. Jeff and Debbie have discussed the best time to have a roll off container delivered to the Landfill.  Tuesdays are good for the Landfill and G & G Garbage is getting some rates for Debbie. Debbie has been working with G & G’s local employee, Gary Irgens, who suggested using a roll-off container from the container site. It can be delivered to the Courthouse and picked up and delivered out to the Landfill at 3:00 PM, Tuesday, July 19th.  Most of the items are in boxes and anything that is loose is asked to be bagged before placed in the container. G & G will tarp the load when delivering to the Landfill.  Debbie stated they will keep monitoring the weather; it may have to be moved to a different date.  Debbie has been in contact with County Departments and the City of Baker. The State of Montana (DOR) was asked to join if they wished; the State declined.

10:15 AM Jeff hung up the phone, leaving the meeting and Debbie also left the meeting.

10:30 AM FMC MONTHLY REPORT/David Espeland, CEO and Marjorie Losing, CFO

          May financials-Marjorie reviewed the May financials with the Commission. Bad Debt was discussed; the Commission wondered if they saw an influx, (bad debt), with the pipeline as they had previously. Marjorie explained the policy and they probably won’t see bad debt from the pipeliners until they are gone. The bad debt policy is very lenient; she further stated this is one of the projects that she plans to revamp.s

          Groove entertainment proposal-David explained this is the commercial services for the satellite TV. David explained we now own the equipment; we will only need the support side from Groove. David asked if the Commission wanted to take care of the contract, or would they prefer it to continue as it is with FMC taking care of the contract, and billing Fallon County for Parkview and Public Health.  The Commission prefers FMC take care of the contract and bill Fallon County.

10:45 Debbie Wyrick, Deputy Clerk and Recorder joined.

          Roof leak discussion-Discussed the possibility of the water coming through a vent. David stated they will keep an eye on it; he was uncertain about the warranty of the roof.  Appears to be no leaks in PV basements; the only water found was from the floor drains. Marjorie stated she had heard there was a report from Derrick deHaan, County Maintenance regarding water in one of the storage units; this will be checked.  There was minimal erosion found; thankful for the sod that had just been placed by Derrick and Robbie. Commission wondered if there was water in the boarding rooms.  This will be checked, and David will also check on the fuel tank.  David felt the contractor left his cones in the south parking lot; the Commission will check on this. 

11:05 AM David and Marjorie left the meeting.

          Debbie stated she looked into the insurance policy regarding water damage.  Debbie stated if the drain had been plugged, the circumstances could change how insurance pays.  However, the deductible is $50,000 and there is more than likely not that much damage. Debbie explained other water that was found in the Planning Department and the breakroom; it appears it came in through the windows and ran down the wall.  Debbie feels the Commission may wish to view the area; feels the windows may need to be sealed.

11:10 AM Steve Z left the meeting.

Debbie will take pictures for the record. 

11:12 AM Debbie left the meeting.

11:13 AM Commissioner Braun made the motion to adjourn. 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