10 W Fallon Ave Baker, MT 59313
+1 (406) 778-7106

Commission Minutes July 18-22, 2022

Commission Minutes July 18-22, 2022

          MONDAY, JULY 18, 2022

9:00 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.

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

No one appeared for Public Comment.

9:15 AM COMMISSIONER MINUTES APPROVAL FOR WEEK OF JULY4-8, 2022.

Commissioner Baldwin made the motion to approve the minutes from July 4-8, 2022, with corrections. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

Commissioner Braun made the motion to approve the Closed Session-Litigation Commissioner Minutes Approval for July 5, 2022.  Commissioner Baldwin 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 approve the Closed Session Personnel Commissioner Minutes for July 5, 2022.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays.  The motion carried unanimously.

9:20 AM Darcy Wassmann, County Attorney joined.

9:27 AM Robert and Melissa Thielen joined.

9:28 AM Mark Sieler, Road Foreman joined.

9:30 AM THIELEN ACCESS DISCUSSION

           Bobby asked what was going to be done with Thielen Access; the Thielen’s do not want the County coming through. The Thielen’s placed the cattleguards themselves, they are broken and never fixed. Bobby further stated, the Thielen’s never gave an easement to the County, and they were never paid for an easement. Bobby feels the resolutions, (adopted by the County), are not working. Bobby and Melissa are willing to work with their neighbors.  Melissa stated they don’t want it sitting there, not knowing, they want to get it resolved.

          Bobby stated the three (3) auto gates were put in by Thielen’s and they were made to remove the gates. Commissioner Duffield told him that there was no easement on the road and also told him he could put gates up.  Bobby does not feel it needs to be public access for the public to come through their place and it wasn’t that way up until the phony resolutions were passed.

          Commissioner Braun explained they could petition to close the road.

9:33 AM Cindy Irgens, Recording Clerk joined to bring some paperwork for the Commission to view.

9:36 AM Cindy left the meeting.

          Commissioner Braun stated the County will have to do our research before we can make a decision. 

          Commissioner Rost explained the County is researching all the roads, from the time we were Fallon County forward, and compiling all the information. 

          Bobby stated Burnt Station Road is also not a county road.

          The County will research Thielen Access and have scheduled a meeting in August to further discuss Thielen Access. 

          Discussed the road previously litigated between Fallon County and Thielen’s. Bobby stated there is a possibility that he will be moving a mobile home on his property. 

9:45 AM Bobby and Missy Thielen left the meeting.

          Further discussion on roads and road policies.

10:00 AM Mitch Overn, Shop Mechanic joined.

10:10 AM Darcy left the meeting.

10:11 AM ROAD/SHOP UDPATES

          Road Updates-Mark reported the gravel was hauled and mag chloride was placed on the roads in the Herbst Industrial Addition, with one exception, in front of Baker Metal property, they plan to place their own surfacing.  Commissioner Braun discussed a mile of road up by Tunby’s that has no surfacing; Mark will go drive the roads that the Keystone Pipeline had surfaced.  Discussed placing auto gates in place of the gates on the Bill Bickle property, per court order.  This will be scheduled with the landowner; the landowner will be notified of his responsibility for tying the fence/gate to the auto gate. Road Department will be assisting the Weed Department by spraying county roads. Mark and Mitch felt someone had already been trained on the proper procedures and chemical mixtures. 

          Shop Updates-Mitch reported RDO is coming to Baker to look at the Landfill dozer.  All the ambulances are repaired/maintained and back in operation. 

10:25 AM Mark and Mitch left the meeting.

10:30 AM Rich Menger, Sanitarian joined.

          Discussed a previous issue regarding landowner septic/sewage. Rich had requested a landowner have his septic pumped; one of the areas in question is dry and the other is still wet. After further discussion, Rich needs to do further investigating to be able to determine what the cause is and where it is coming from.  A trench will need to be dug, after one call is made. 

10:45 AM Rich left the meeting. 

10:45 AM PROJECT UPDATES/Shannon Hewson Brosz Engineering submitted his report and documents for the Commission to take action on. 

          Updates-Lakeview Drive Storm Drain-Shannon submitted the Sage Grouse permit (Project Number 4879) for the Lakeview Drive Storm Drain Project.  Shannon plans to ask Fish, Wildlife and Parks if they can waive the FWP and DEQ requirements as they had on a lake permit received earlier this year.  The USACE permit is a minor discharge which allows discharges up to 25 cubic yards (the plan for this project is to use 8 cubic yards riprap).  The local Floodplain will most likely take the longest due to advertising but should not be an issue to receive.  Shannon would like to set the completion date for this project for November 12, 2022.  Bonnievale Box Culvert-Contractor plans to pour floor for box culvert Monday morning 7/18/2022. Work is progressing and Contractor plans to pour walls & roof in the next couple weeks.  Shannon will try to notify the Commission of the pour if they would like to come onsite and see.  No costs for sewer and water repairs have been submitted to date. FMC Parking Lots-The project ran over on quantities due to the clay subgrade located within the parking lot (which required additional separation geotextile and aggregate) and areas were expanded due to poor condition of existing asphalt on south parking lot.  Wyrick Construction still plans to have subcontractor inspect the tanks in the south parking lot while they are in town later this year (trying to get a date confirmed).  Waterfall Project-The change order included addition of sidewalk that was replaced for electrical installation and added 90-degree bend for the waterfall installation. 

Commissioner Baldwin made the motion to approve and sign the Lakeview Drive Storm Drain Joint Application.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none.  3 Ayes. 0 Nays. The motion carried unanimously.

Commissioner Braun made the motion to go out to bid for the Lakeview Drive Storm Drain Project.  Commissioner Baldwin 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 approve Pay Application #1 for the 2022 Bridge Replacement Project (Bonnievale RC Box Culvert) in the amount of $88,062.75 of which $87,182.12 will be paid to the contractor and 1% Gross Receipt Tax of $880.63.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

Commissioner Braun made the motion to approve Pay Application #1-Final for the FMC Parking Lots in the amount of $99,081.00 of which $98,090.19 will be paid to the contractor and 1% Gross Receipt Tax of $990.81. 

Commissioner Baldwin 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 approve the final change order for the FMC Parking Lots in the amount of $13,891.00.  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 approve the final change order for the Waterfall Project in the amount of $1,500.  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 approve pay app #3-Final for the Waterfall Project in the amount of $5,684.50 of which $5,627.65 will be paid to the contractor and 1% Gross Receipt Tax of $56.85. Commissioner Baldwin seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously. 

11:00 AM APPOINTMENT TO THE PLANNING BOARD

Commissioner Baldwin made the motion to appoint Kyle Vennes to the Planning Board as Representative for the Town of Plevna.  Commissioner Braun seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays.  The motion carried unanimously. 

11:11 AM AMBULANCE BILLING DISCUSSION/Lisa Mitchell, EMS Program Manager; Katie DuCharme, EMS-AR

11:15 AM Commissioner Braun made the motion to go into a closed session due to HIPAA.  Commissioner Baldwin seconded the motion. Commissioner Roast asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

11:44 AM 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. 

11:44 AM Katie and Lisa left the meeting.

11:45 AM EMS UPDATES/Lisa Mitchell, EMS Program Manager

           Transport Policy-Lisa wondered if she should add the amount an EMS provider is paid, above and beyond for standby, to the policy.  The Commission agreed this should be added to the policy.  Further discussed types of calls that could be charged back to Fallon County.  Commission would like to discuss further before making that decision.

          PCR’s-Lisa is working on PCR’s today.

11:48 AM Lisa left the meeting. 

11:50 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

1:30 PM RIGHT OF WAY/EASEMENT DISCUSSION/Roger and Darin Meggers, Landowners

          Discussed the need for landowner easements to complete the drainage project on Lakeview Drive. The overall project was reviewed, and concerns were discussed. Roger did not feel they would have a problem giving the county a temporary easement as long as it does not interrupt their daily workings. Discussed running a steel line to gauge the depth of the sewer and where it is actually located.

1:55 PM Jim Leischner, Shooting Range Manager joined. 

Roger asked what will happen if anything unforeseen comes up.  The Commission stated that should any issues arise; it will not be the responsibility of the Megger’s.  Roger and Darin will review the easement and return it if they have no issues with it.

2:02 PM Roger and Darin left the meeting.

2:03 PM TRAP SHOOT DISCUSSION/BUDGET DISCUSSION/Jim Leischner, Shooting Range Manager

          Discussed purchasing targets for trap shoot through the Shooting Range budget. The revenue collected from the members has been deposited in the Treasurer’s Office.  Permission granted to pay for the targets from Shooting Range budget as long as revenue is going to the Treasurer’s Office. 

          Discussed purchasing another thrower; Commission would like quotes.  Jim explained to the board, there needs to be more members trained on operation of the thrower. 

          Electrical repairs-Some of the board members contacted a local contractor to make repairs; Jim is not sure of the cost. The Commission would like Jim to inform the board members, Jim needs to be notified before any further purchases or repairs are made. 

          Upcoming event-Jim stated they have 50 people signed up for the shoot in September. 

2:15 PM Jim left the meeting. 

2:16 PM CLAIMS APPROVALS-MID MONTH JULY, 2022

          The Commission reviewed and approved mid-month July 2022 claims in the amount of $957,962.27. They are filed in the Clerk and Recorder’s Office.

2:30 PM COMMISSIONER WORK SESSION

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

Old Business

Budget items

          Museum-The Commission made the decision to budget the same hours as last year for the Seasonal Museum Aide. The hours were set at 688 for FY23.

         Baker Rural Fire District-The Commission made the decision the request to allow for an additional $100,000 transfer will not be approved for FY23. 

         Tarp roller-The Commission granted permission for the Fairgrounds to order a tarp roller for the Fairgrounds, as per their budget request.

Other Business

          Commissioner Rost signed the engagement letter for Olness & Associates to provide Audit Services for FY22.

          Commissioner Rost signed the updated Fairgrounds Fire Protection Monitoring Agreement with Johnson Controls.

          Commissioner Rost signed Parkview Retirement Rental Agreement for Apartment #223.

          Commissioner Rost signed the Records Destruction Document for items the Clerk and Recorder is able to destroy without restrictions. 

3:00 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 20, 2022

1:00 PM RECONVENE

PRESENT: Steve Baldwin, Presiding Officer and Kevin Braun, Member; Brenda Wood, Clerk and Recorder

ABSENT: Roy Rost, Chairman

FALLON COUNTY COURTHOUSE

1:00 PM Carl Overland, Shop Mechanic joined.

          Baker Rural Fire District Question-Carl was approached by the Baker Rural Fire Chief to find out if the county shop mechanics would be able to do oil changes on the fire trucks for them. Commissioner Braun stated their normal mechanic work comes first and feels that should be made as temporary as possible.  Commissioner Baldwin agreed with those comments.  Permission granted to allow on a temporary basis.

          Other-There are still some small ambulance maintenance issues.  Air bags will need changed out due to incorrect size installed. Carl recommends getting a small air compressor as the ambulance does not air up very quickly. They are still working on the air conditioning for the oldest ambulance.  Worked on the Brutus, the max speed for the Brutus is because it is hydrostatic; also installed turn signals and serviced it.

1:09 PM Carl left the meeting.

1:10 PM Terry Sukut, JGA joined.

1:11 PM MUSEUM/OLD JAIL-FOUNDATION PROJECT DISCUSSION/DECISION

        The structural information came back, and the drawings are 95% complete and should have the drawings completed by Friday. They recommend placing piers; the plan includes 59 helical piers at an approximate cost of $1,500 each. The Commission is concerned about what could happen to this building when lifting especially since it is on the historical registry. One large issue is having to put it back to its original state.  Terry explained the building mover has had a lot of experience and feels he can do this with no problems; they estimate the building to weigh 1 million pounds. This process is very complex, and the costs keep escalading.  Commissioners asked if there were other alternatives such as filling in the basement or relocating to a new pad/foundation.  Terry discussed moving utilities if filling the basement and the possibility the walls would be pushed out due to the pressure.  Terry was not sure about relocation of the building due to its historical status. The cost estimate was also discussed in detail. Discussed making the decision to go to bid; the Commission will make a decision next week when Commissioner Rost returns, and Terry will be notified. 

2:10 PM Terry left the meeting.

2:25 PM Commissioner Braun made the motion to adjourn.  Commissioner Baldwin seconded the motion.  Commissioner Baldwin asked for any other discussion; being none.  2 Ayes. 0 Nays. 1 Absent (Commissioner Rost). Motion carried. 

                ADJOURN

                                                                                                   s/Roy Rost, Presiding Officer-7/18/22022

s/Steve Baldwin, Presiding Officer 7/20/2022

ATTEST:                                                                                      

s/Brenda J. Wood, Clerk and Recorder