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

Commission Minutes

Commission Minutes

MONDAY, MARCH 15, 2021

9:30 AM CONVENE

PRESENT: Roy Rost, Chairman; Steve Baldwin, Kevin Braun, Members; Kelsey DuCharme, Recording Secretary

FALLON COUNTY COURTHOUSE

9:30 AM The Pledge of Allegiance was held in the Commissioner’s Office to start off the week. PUBLIC COMMENT –AGENDA/NON-AGENDA ITEMS

No one appeared for public comment.

Commissioner Baldwin made the motion to approve the minutes from March 8-12, 2021, as presented. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3

Ayes. 0 Nays. The motion carried unanimously.

9:49 AM Alba Higgins, Shop Foreman joined the meeting.

Shop/Road Updates- The oldest loader is not working correctly. The wiring in the turbo shorted out, causing it to need to be replaced. The Road Crew is working on the brakes for the chipper. They are hauling Lake sediment to the Gun Range as long as the weather stays good. Discussion on the rotation of trading the blades, as the Commission is trying to set it up within five years to stay within the warranty and re-purchase prices. They are needing to go out to bid for two of the blades, as the re-purchase price is up in January of 2022. An explanation of the bid process was discussed. They are planning to run the blades if there is any moisture.

10:17 AM Alba left the meeting.

10:17 AM Robbie Christiaens, Maintenance Supervisor joined the meeting.

10:27 AM Shannon Hewson, Brosz Engineering joined the meeting.

FMC Project- Discussion on the possibility of tearing out the retaining wall at the Hospital Park and putting down topsoil. Shannon explained that it would need to be permitted because it is located in the floodplain. Robbie will plan to leave it for now and if the City would like more done with it, it will need to be pursued by them. Robbie will attend the City Council meeting to discuss further.

Waterfall Project- Shannon explained that there will be an area around Iron Horse Park on the west side of the building that will wait to have sod to accommodate for the Waterfall Project.

Upper Lake- The snow fence at the spillway did not need to be permitted. It is meant to keep motorized

vehicles out. A walk-through will be done with Youderian Construction before the contract is completed.

Millennium Sidewalk Project- The lights are in for the Millennium Sidewalk Project. Robbie will store them until the project is started. Shannon will be in contact with Buck Kratzer, Kratzer Construction, about a starting date.

10:41 AM Robbie left the meeting.

FMC Parking Lot- Brosz Engineering is planning on surveying the Public Health parking area this week. They are planning to stake both Baker Lake and the parking lot this week.

Baker Lake- There will be a 20-foot grid placed on the lake, 6-inches above the water mark and 8-inches

above the overflow. The Commission would like the geese to stay off the lake to allow the plantings to grow. Brosz Engineering is planning to use pine so that it is biodegradable.

10:47 AM Lyle Albrecht and Shane Ridley, TW Clark joined the meeting.

10:50 AM Jasen Wyrick, Wyrick Construction joined the meeting.

10:54 AM Steve Zachmann, City Mayor joined the meeting.

11:00 AM David Espeland, FMC CEO joined the meeting.

11:00 AM Chad Sutter, Brandon Janshen, SDI Architects joined the meeting via teleconference.

Parkview Project Overview- The Parkview Project is going to be starting to wind down, as they are nearing the end of the project. The Commission would like to get everyone working on the same page as the project wraps up. Lyle explained that TW Clark is now working on the interior of Parkview 1.

11:04 AM Paul Zachmann, Member of the Public joined the meeting.

The majority of the painting will be done this week and then they will move onto punch list items. The storm drain line will be finished this week by Wyrick Construction, and then they will move onto the concrete in the Courtyard. In Parkview 2 in the Dietary flooding area, they are working on replacing sheetrock in the Generator Room. These cannot be repaired until they find out where the water is coming from. MDU is coming next week and will be finished up by the 24th. A new handrail is needed in the Dietary area. The stairs that were installed outside the building do not meet code and will need to be redone. There are two new water leaks that have just recently been discovered in the living quarters. The additional water damage is coming in from overhead somewhere from the wall above it. It is getting into the interior wall and causing damage. Lyle suspects that water is getting in between the interior floor slab and exterior deck slab.

Communication Issues– The lack of communication between each entity involved with the Parkview Project is causing issues. SDI Architects, TW Clark, Brosz Engineering, FMC and the Commission need to work together

and keep each group informed during the project. Phone calls may work more sufficient and quicker than e-mails.

11:27 AM Margie Losing, Insurance Committee Member joined the meeting.

David is concerned about being able to relay the correct information to FMC staff regarding the parking lots, noise level, etc. Shannon explained the issues with the waterline that took place later last week. The City was able to come onsite and move the buried gate valve.

11:55 AM Lyle, Shane, Jasen, Shannon, Steve, Paul and David left the meeting.

11:55 AM Chad and Brandon hung up the phone, therefore leaving the meeting.

Insurance Committee Decision on Proposal for Self-Funded Health Insurance- Margie stated that the Insurance Committee recommends staying with EBMS, the current provider for third-party insurance, based on the scoring sheets completed last week.

Commissioner Braun made the motion to accept the recommendation from the Health Insurance Committee based on the analysis of the scoring of the Request for Proposals and to stick with EBMS for third-party insurance. Commissioner Baldwin seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

11:59 AM Margie left the meeting.

12:00 PM Commissioner Braun made the motion to take a noon recess. Commissioner Baldwin 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, Kevin Braun, Members; Kelsey DuCharme, Recording Secretary

FALLON COUNTY COURTHOUSE

1:12 PM Mike Johnson, WBI Land Use Agent joined the meeting. PUBLIC COMMENT –AGENDA/NON-AGENDA ITEMS

1:15 PM PRESENT: Brenda Stoddard, Jason Griffith, Caroline Heaps, John and DeeDee Geving, Cheryl Niemerg, Deanna Herbst, Kenny Griffith

Public Comment on FMC Contract- Members of the public attended Public Comment to voice their concerns about the Commission renewing the Management Agreement with FMC. The citizens present stated

that some would like to see the contract not be renewed until it is re-written, as it has not been updated for quite some time. It was agreed that people would like to see a hospital here in town, but consistency in doctors is needed and a very important aspect to keeping the doors open. Some explained that there is no reason the turnover is the way it is, and with a good facility in place, something may need to change with the administration. It was stated that there is a toxic culture at FMC and that confidentiality is not always an option for all employees. It was stated they that would also like to see more transparency in the Hospital Board. It was asked what the

Commission role is while working with FMC. The Commission explained that this is on the agenda today at 2:15

PM. The County has nothing to do with the Non-Profit 501(3)(C) organization. The County owns the facility, but there is no control over the administration. The mill levies that are voted on are to be used only for upgrading the facilities.

1:29 PM Public Comment is brought to a close, all attending left.

Baker Hydrotest of Natural Gas Pipelines- WBI has an upcoming project scheduled for both May 10th and the 17th. There are two pipelines that are being hydrotested during these times, both which happen to be on County owned land. Mike gave the Commission a detailed visual of the location of the project. The Commission see no issues with the project. WBI is offering advanced damages, one payment of $500, or can give actual damages after the project takes place. Discussion on the seeding window time of year and the seed mix that they would potentially dress the surface with. Commissioner Braun would like to see native grasses used rather than different types planted. WBI will plan to seed when the project is completely done. The Commission will wait to collect damages until after the project is complete.

1:44 PM Mike left the meeting.

PUBLIC HEARING TO AMEND HEALTH NURSE BUDGET TO ACCOMMODATE ADDITIONAL CARES ACT FUNDS

2:00 PM Public Hearing was called to open. No public comment was received. The public hearing was closed.

Commissioner Baldwin made the motion to adopt Resolution #1059 – Budget Amendment Resolution for Public Health Nurse and Bio-Terrorism Budget to Accommodate Additional CARES Act Funds. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

DISCUSSION/DECISION ON RENEWING FMC CONTRACT

PRESENT: Caleb Bettenhausen, via teleconference; Brenda Stoddard, Jason Griffith, Caroline Heaps, Cheryl Niemerg, Teresa Christiaens, Sandra Kinsey, Steve Zachmann, DeeDee and John Geving, Maria Braun, Deanna Herbst

Renewing FMC Contract– The Commission is discussing Document #500204 – the FMC Management

Agreement. Commissioner Rost explained that according to the document, the agreement will expire on June 30,

2021. If either party wishes to terminate or make changes to the agreement, a letter must be sent within 90 days of expiration. The Commission is not aware of the history of the agreement and when it was written. If the agreement is going to be updated and re-written, the Commission would need to send FMC a letter stating that they would like to discuss and determine potential changes to the agreement. Commissioner Rost explained that there are some additions that need added to the agreement, such as definitions of maintenance, maintenance of Parkview 1 and 2, property taxes on sub-leased offices, etc. None of the FMC Board members have been spoken to at this point. The 90-day notice can be given by either party of the agreement. Darcy Wassmann, County Attorney, has prepared a letter for the Commission stating that Fallon County will not renew the agreement as written, but they are open to updating the agreement with revised terms.

Commissioner Baldwin made the motion to sign and send the 90-day notice of cancellation to the Board of FMC and the CEO, stating that Fallon County will not renew the agreement as written but would like to consider and negotiate a Management Agreement with revised terms. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

2:27 PM Everyone left the meeting.

2:45 PM Dale Butori, DES/911 Coordinator joined the meeting.

Discuss Communication Agreement with Eastmont- Dale explained that Eastmont Communications provides text to phone paging systems for the fire departments, EMS and law enforcement. As of now, the hardware and software that Eastmont uses is being housed at D & M. They are renovating this summer and will be without internet. Dale would like to have the software moved to Dispatch, as Brenda Hoeger, Dispatch

Communications Supervisor, has agreed to this and stated that there is room for it. It is a prime spot for Eastmont

Communications as well. The Commission read the agreement and signed it.

Request County Contributions Toward Fireworks Fund- The last few years the County has donated $2,500 to the Firework Fund. Dale is unsure of the amount that is in the account right now. The Commission would like to donate $2,500 again this year.

Commissioner Baldwin made the motion to donate $2,500 to the Firework Fund. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

2:55 PM Dale left the meeting.

2:58 PM Gary Lang, PRFD Chairman; Kalyn Bohle, Shaun Christler, Cody Rieger, Dana Buerkle, Board Members, Brenda Wood, Clerk and Recorder; Barb Ketterling, Treasurer; Julie Post, Deputy Treasurer; Darcy Wassmann, County Attorney joined the meeting.

Plevna Rural Fire District Becoming Independent Special District- After speaking with the Commissioners a few times about the Fire Districts completing their own bookkeeping, it was found that it may be more beneficial for the Clerk and Recorder’s/Treasurer’s office to no longer enter in their warrants into the County system. The money would still funnel through the County and the Treasurer’s Office would still issue their interest checks each month. It would not change anything for the Districts, it would just go through their own accounts. The same mill levy funds would still be received each year, and they can still come to the Commission for additional funding for their budgets. Darcy advised that a decision be tabled until she can speak with the MACo legal counsel.

3:27 PM Gary, Kalyn, Shaun, Cody, Dana, Brenda, Darcy, Barb and Julie left the meeting.

The Commission reviewed and approved claims for the Mid-March 2021 in the amount of $137,973.18 and

they are filed in the Clerk and Recorder’s Office.

COMMISSION WORK SESSION

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

Commissioner Baldwin made the motion to approve RFP #17 for the Parkview 1 Project in the amount of

$68,001.50. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion;

being none. 3 Ayes. 0 Nays. The motion carried unanimously.

4:21 PM Commissioner Braun made the motion to recess for the evening. Commissioner Rost seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

EVENING RECESS

TUESDAY, MARCH 16, 2021

8:30 AM CONVENE

PRESENT: Roy Rost, Chairman; Steve Baldwin, Kevin Braun, Members; Kelsey DuCharme, Recording Secretary

FALLON COUNTY COURTHOUSE

PUBLIC COMMENT –AGENDA/NON-AGENDA ITEMS

No one appeared for public comment.

8:56 AM Mark Sieler, Road Foreman joined the meeting.

8:58 AM Sara Berger, Weed Control Coordinator joined the meeting.

Spraying the Roads Discussion-Sara explained that the two main road chemicals used each year are going to be harder to purchase in bulk this year, due to the amount that the chemical representatives are able to purchase. Sara reviewed the amount of chemical that is on hand at this time. The chemical bids have been sent out, but they will not get returned until next month. Generally, the Road Crew tries to blade the main roads in the spring when there is moisture. The minimum maintenance roads are the last roads that are usually sprayed. The only roads that get sprayed more than once are the heavy traffic County roads.

9:12 AM Shannon Hewson, Brosz Engineering joined the meeting.

Both the Weed and the Road Department are in communication about the plan for the roads. After they are bladed, they are able to be sprayed. Commissioner Rost would like to see the roads being sprayed once a season in order to save on chemical. Extra chemical would be on hand to be able to spot spray when needed.

Eventually, spraying will be included into the proposed County Road Policy. The Road Crew tries to avoid blading

roads right after they are sprayed. They will plan to focus on the main travel roads for spraying due to the lack of chemical. If the chemical is available, the Weed Crew will continue to spray the open range areas. Discussion on roads that are sprayed frequently and how often they are bladed. Primary roads are the heavily used roads that are sprayed first, followed by secondary, minimal maintenance, etc. Discussion on roads that are not sprayed because the landowners have asked the crews to no longer spray them. Definitions of minimum maintenance roads will need to be added to the County Road Policy as well. The Weed Crew will spray the main roads and leave out the driveways until it is known how much chemical is remaining.

10:12 AM Sara, Shannon and Mark left the meeting.

10:15 AM Commissioner Braun made the motion to adjourn the meeting. Commissioner Baldwin seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

MEETING ADJOURNED

s/Kelsey DuCharme, Recording Clerk

ATTEST:

s/Brenda J. Wood, Clerk and Recorder

s/Roy Rost, Presiding Officer