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Commission Minutes

Commission Minutes

MONDAY, MAY 3, 2021

9:00 AM CONVENE

PRESENT: Roy Rost, Chairman; Kevin Braun, Member; Kelsey DuCharme, Recording Secretary

ABSENT: Steve Baldwin, Member

FALLON COUNTY COURTHOUSE

9:00 AM The Pledge of Allegiance was held in the Commissioner’s Office to start off the week. PUBLIC COMMENT –AGENDA/NON-AGENDA ITEMS

9:04 AM Brenda Stoddard, Member of the Public joined the meeting.

FMC Board Questions– Brenda explained that after the informational meeting about FMC that was held last Thursday, she received multiple questions from the public asking if it would be more beneficial to the community for the Commission to not renew the FMC contract at all, instead of the members of FMC Inc. holding a confrontational meeting to remove the FMC Board. Discussion on whether the CEO with FMC has a current contract in place. Brenda stated that people are explaining to her that they want FMC to stay open and remain the least confrontational in the process as possible. The County Commissioners have no control over the FMC Board or any employees. The Commission is not interested in not renewing the agreement. The current agreement is currently under revision before getting renewed. It will be up to the members of FMC Inc. to make changes within the FMC Board.

9:30 AM Robbie Christiaens, Maintenance Supervisor joined the meeting.

9:31 AM Brenda left the meeting.

Maintenance Updates- The Maintenance Crew is starting to mow, as well as putting down seed and fertilizer. Two semi loads of sod have been laid at Iron Horse Park. Robbie plans to turn the Hospital Park irrigation on tomorrow. Interviews will be held tonight for the seasonal employees.

9:43 AM Robbie left the meeting.

Commissioner Braun made the motion to approve the minutes from April 26-30, 2021, 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.

10:01 AM Bobby Wiedmer, Road Superintendent joined the meeting.

Golf Course Cart Path- Commissioner Rost asked about chip sealing the cart path at the Golf Course. The Road Department equipment is too heavy to use, but there should be available equipment to borrow from the City. It will be planned in the middle of July once the oil is received.

Road/Shop Updates- One of the Kenworth trucks is not working correctly. It is unknown what is going on with it. Hay Creek Road will need to be graveled.

10:12 AM Shannon Hewson, Brosz Engineering joined the meeting.

Road Department Hours- Commissioner Rost asked about the possibility of switching the Road Department Crew to 4–10-hour days, instead of a 5-day week. Bobby will talk with the Road Crew and see how they feel about it. No changes are being made at this time but would like to see the conversation take place in the near future.

10:18 AM Jonathan Skillman, Century Companies joined the meeting.

10:26 AM Rich Menger, Sanitarian joined the meeting.

2021 Improvement Project Bid Opening- Two bids were received for the 2021 Improvement Projects.

Wyrick Construction – Baker Montana

–      Total Bid – Schedule 1 Alternate “A” – $41,785.00

–      Total Bid – Schedule 1 Alternate “B” – $57,285.00

–      Total Bid – Schedule 2 – FMC Parking Lot – $33,740.00

–      Total Bid – Schedule 3 – Waterfall – $78,940.00

Century Companies – Lewistown Montana

–      Total Bid – Schedule 1 Alternate “A” – No Bid

–      Total Bid – Schedule 1 Alternate “B” – $100,554.00

–      Total Bid – Schedule 2 – FMC Parking Lot – $66,510.00

–      Total Bid – Schedule 3 – Waterfall – No Bid

Brosz Engineering Estimate

–      Total Bid – Schedule 1 Alternate “A” – $34,210.00

–      Total Bid – Schedule 1 Alternate “B” – $72,710.00

–      Total Bid – Schedule 2 – FMC Parking Lot – $393,400.00

–      Total Bid – Schedule 3 – Waterfall – $72,000

It will be put on the agenda for next week to discuss/decide upon a bid award.

10:35 AM Jonathan left the meeting.

10:37 AM Bobby and Rich left the meeting.

MOU Regarding the Resolution of the Adverse Effects of the Cottonwood Creek Bridge Replacement and Demolition Project- Shannon has not yet received the quote from Ethnoscience for the Cottonwood Creek Bridge and Demolition project. It will not be in the budget for this upcoming fiscal year. It will be bid in 2022 and built that following summer. The bridge fund was discussed, as well as the gas tax.

FMC Electrical Vault Cover- The type of cover that was requested for the electrical vault at FMC is about

7-8 weeks out. Baker Metal is able to make one in a shorter amount of time. It will be raised two inches and will be welded out of aluminum. Shannon sees no issues with the cover from Baker Metal. The Commission agreed to order the cover through Baker Metal. The footing is done, and the walls are formed for the vault.

Commissioner Braun made the motion to approve Baker Metal to make the electrical vault lid at for FMC. 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.

Road Regulations- Shannon has been working on a draft for the County road regulations. Some of the definitions in the regulations were reviewed. Easements with landowners will need to be added to the draft as well. Shannon will update the draft and send it to the Commission.

11:25 AM Sara Berger, Weed Control Coordinator joined the meeting.

11:26 AM Julie Straub, HRM joined the meeting.

11:27 AM Shannon left the meeting.

Permission to Hire Seasonal Weed Crew Employees- Julie explained that last week interviews were held for the Seasonal Weed Crew Hands. There are three candidates they would like to hire. It would be the first year for all three employees.

Commissioner Braun made the motion to hire Sienna Schuler, Kyler Afrank and Ethan Gundlach for the Seasonal Weed Crew. 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.

11:34 AM Sara and Julie left the meeting.

11:35 AM Commissioner Braun made the motion to take a noon recess. 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; Kelsey DuCharme, Recording Secretary

ABSENT: Steve Baldwin, Member

FALLON COUNTY COURTHOUSE

PUBLIC COMMENT –AGENDA/NON-AGENDA ITEMS

No one appeared for public comment.

1:29 PM Mary Grube, Administrative Assistant Planner joined the meeting.

Resolution of Intent to Abandon a County Road – Maple Lane – Commissioner Rost would like to make a correction formally in the minutes to correct the agenda for this week in Commission Proceedings. It states that there is a resolution to Close a County Road, and it should state a resolution of intent to Abandon a County Road

– Maple Lane. After the Resolution of Intent to Abandon a County Road is signed, an abandonment resolution and public hearing will take place on May 17th. The petition has been signed by the surrounding landowners. Commissioner Braun completed an investigation and spoke with all effected landowners and everyone that signed the petition and there are no problems with abandoning the road. All signatures have been verified as the legal owner of the surrounding properties.

Commissioner Braun made the motion to adopt Resolution #1061 – Resolution of Intent to Abandon a County Road – Maple Lane on Herbst Industrial Subdivision. 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.

1:43 PM Dale Butori, DES/911 Coordinator; Georgia Bruski, Carter County DES/911 Coordinator joined the meeting.

Request for Proposals for Pre-Disaster Mitigation Plan- Last week, Georgia, Commissioner Rost and Dale

read through and scored each of the 3 Pre-Disaster Mitigation Plan proposals. They are recommending that the Commission accept the proposal from Great West Engineering out of Helena Montana. The Carter County Commission is fine with whatever Fallon County chooses to do. A portion of the plan will be covered by a grant. The scores for the PDM’s were as followed:

Great West Engineering – 288

Integrated Solutions – 277

KLJ Engineering – 283

Commissioner Braun made the motion to accept the Proposal for the Pre-Disaster Mitigation Plan from Great West Engineering. 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.

1:54 PM Georgia, Mary and Dale left the meeting.

2:11 PM Mike Johnson, WBI joined the meeting.

WBI Pipeline Follow-Up Questions from Last Meeting- Mike followed up with questions from the last meeting he attended. He has spoken with the Environmental Department and they will use native seeds that the Commission has preferred. They are capping the ends of the pipe, will dig up at the well site and cap the ends. They are working on scheduling now. The local crews are putting the caps on. They will re-seed the area until it is successful. The Commission would like to wait until the end of the project to receive the damage costs.

2:30 PM Mike left the meeting.

COMMISSION WORK SESSION

The Commission reviewed, revenues received, reports, emails and other correspondence, board minutes and agendas. The Interlocal Agreement for the Maintenance of the County Sewer Line will be on the agenda with the City of Baker for next week. The Commission signed the DPHHS Immunization Program Master Contract and the Contract Amendment for Public Health. They also signed the Cooperative Agreement between DPHHS and Fallon county Board of Health pertaining to payments and responsibilities for inspections of public establishments. The

Commission decided that they would like to wait to approve the quote from Howell Traps for the Gun Range until more information is received.

Commissioner Braun made the motion to accept Pay Application #10 to TW Clark Construction in the amount of $332,849.83. Commissioner Rost seconded the motion. Commissioner Rost asked for any other discussion; being none. 2 Ayes. 0 Nays. The motion carried.

The Commission reviewed and approved the April 2021 timesheets, with holdings and benefits in the amount of $588,098.64 and they are filed in the Clerk and Recorder’s Office.

The Commission reviewed and approved the End of the Month April 2021 Claims in the amount of

$496,050.53 and they are filed in the Clerk and Recorder’s Office.

5:00 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. 2 Ayes. 0 Nays. 1 Absent

(commissioner Baldwin). The motion carried.

EVENING RECESS

TUESDAY, MAY 4, 2021

8:00 AM – Work Safe Champions – Located in the EOC

9:30 AM RECONVENE

PRESENT: Roy Rost, Chairman; Kevin Braun, Member; Kelsey DuCharme, Recording Secretary

ABSENT: Steve Baldwin, Member

FALLON COUNTY COURTHOUSE

PUBLIC COMMENT – AGENDA/NON-AGENDA ITEMS

No one appeared for public comment.

9:45 AM Eric Kary, Golf Course Superintendent joined the meeting.

Golf Course Updates- The Commission informed Eric that they will be planning to chip and seal the cart path at the Golf Course this July. The Golf Course Crew is fixing the irrigation and have started to mow again. Eric is hopeful that another Golf Course Superintendent will be hired soon after Eric is done at the end of May. The Commission thanked him for his years of service to Fallon County.

9:57 AM Margie Losing, FMC CFO joined the meeting.

9:58 AM Eric left the meeting.

FMC Financials- Margie reviewed the FMC March financials in depth. An expense had to be corrected to offset the liability from a PERS expense that was booked in 2020. It should have been an audit adjustment from last year. March was a slower month for FMC.

10:18 AM Troy Hess, Insurance Committee Member joined the meeting.

10:27 AM Debbie Wyrick, Insurance Committee Member joined the meeting.

Setting Insurance Rates- The renewal rates from EBMS have been received. The Joint Powers Trust Stop Loss portion of the renewal rates went down when EBMS provided their proposal during the RFP process.  Shane Hegis with JPT was contacted and he indicated this was a decision on JPT’s part to retain the Fallon County business. The Commission and the Insurance Committee reviewed the renewal rates, as well as the current rates of insurance. The Insurance Committee made a recommendation to set the Claims Funding amounts more than the Expected Claims but less than the Maximum Claims- approximately halfway in the middle.  This enables Fallon County to keep the premiums stable, which is beneficial to the employee and the County. The increase for the Full Time Single Employee rate is $10.00; the Employee +1 rate is $10.81 and the increase to the Family rate

is $11.75 per month; with the increase to the County being $62.74 across the board.

10:57 AM Kodie Olsen, 4-H Program Assistant joined the meeting.

Commissioner Braun made the motion to accept the renewal rate with setting the single employee increase to

$90 and accepted the Year 2 of the 3-Year agreement with EBMS, accepting ELAP OON (with Legal Defense) and renewing the Joint Powers Trust Stop Loss Renewal. 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.

11:10 AM Debbie, Troy and Margie left the meeting.

Extension Updates- Kiesha Wells has been working in Extension for a few days a week to help with the essential functions of the Office while there is a shortage of employees. All the outdoor judges for the Fair are lined out. The Extension Office will be closed a few times during the summer when there are no available personnel. The Commission reviewed the activities for the month of May.

Permission to Purchase- Kodie has spoken with Floyd Ehret, Seasonal Lead Crew Hand, regarding the numbers of livestock and pens available for Fair. They have made a list of all the parts needed to be able to piece the current pens together. Kodie brought a quote from Baker Metal to cover the cost of the missing parts. It is

not in the budget for this fiscal year. The Commission would like to take a look at the pens and see what they can find and will make a decision next week.

11:24 AM Kodie left the meeting.

11:26 AM J.K. Kinsey, Kinsey Auctioneer joined the meeting.

County Auction Discussion- The Commission is looking at a County Auction in the fall this year. There are quite a few office supplies, and it would be a smaller auction than the one that was held a couple years ago. The County plans to coordinate with the Baker and Plevna schools and the City as well. The Commission would prefer to have a live auction. JK will wait to give the County a proposal after a list of items is put together. The auction will be September 21, 2021.

11:39 AM J.K. left the meeting.

11:45 AM Commissioner Braun made the motion to take a noon recess. 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

1:30 PM RECONVENE

PRESENT: Roy Rost, Chairman; Kevin Braun, Member; Kelsey DuCharme, Recording Secretary

ABSENT: Steve Baldwin, Member

FALLON COUNTY COURTHOUSE

AGENDA/NON-AGENDA ITEMS-PUBLIC COMMENT

No one appeared for public comment.

1:25 PM Alissa Miller, Melissa Higbee, Eastern Plains Economic Development Corporation joined the meeting.

EPEDC Updates- Another pay application has been received to the EPEDC for the City of Baker Watermain project. Melissa will try to submit it into the State tomorrow as long as everything goes well. They are busy working on the Heritage Fest with the Museum. It will be held June 12th. Melissa will talk with Debbie Wyrick, Deputy Clerk and Recorder, about getting the event covered by insurance. The Oilfield Strong banner was put up last week but is now taken down due to the wind.  Alissa is working on the Agritourism Association insurance to

be more feasible to ranchers and farmers. Discussion on upcoming potential grants that could be beneficial to the

County.

1:53 PM Dale Butori, DES/911 Coordinator joined the meeting.

2:00 PM Alissa and Melissa left the meeting.

DES/911 Updates- The papers for Prairie County to terminate the agreement for Dispatch Services has been received. Dale is working on the process of terminating their agreement with the correct paperwork. The letters for the Request for Proposals for the Pre-Disaster Mitigation plans were sent out to the companies that participated. Great West Engineering has been contacted, as they have been awarded the project. Dale would

like to bring an emergency responder training a conference to Baker. He is planning to book the Exhibit Hall in

September to hold the conference. The Fire Department came in and did a walk-through of the Courthouse in

case of an emergency. The propane tank that fuels the backup generator is not bolted to the pad below it. According to code, it will need to be anchored. Dale will speak with Robbie Christiaens, Maintenance Supervisor.

Grant Funding- Dale reported that there is money left over from the MPG grant that was received to Fallon

County. He is looking to purchase a SMART Board for the EOC and move the new one that was recently purchased into the Commissioner’s Office. The grant does not cover the entire cost. Discussion on other possibilities that the money could be used for.

2:17 PM Dustan Davis, IT TECH joined the meeting.

Discussion on what the current SMART Board in the EOC is capable of doing, which would be moved into the Commissioner’s office. The Commission gave approval to purchase a new SMART Board for the EOC, which will be covered 50% by grant money. As long as it can work the way that the Commission would like with the Secretaries computer, they are in favor of the purchase.

Code Red Alert- The Code Red Alert that was sent out last weekend is a work in progress. There are two sides of the alert, and one is running through FEMA if there would be a huge disaster. It can interrupt both the radio and television. There is a database with 7,000 numbers for the four counties and can be more lenient with text messaging. Dale plans to put together a promotional drive to get more of the community signed up.

2:35 PM Dale left the meeting.

IT TECH Updates- The backup server for the Courthouse went down a few weeks ago, but it is finally up and running again. It was caused by a power adapted falling off the shelf and unplugged itself. There was also a network outage within the same week. Dustan is busy keeping the website updated. Discussion on County emails and archiving previous emails.

3:01 PM Dustan left the meeting.

3:34 PM Sara Berger, Weed Control Coordinator joined the meeting.

Weed Dept. Updates- The Weed Department has pulled out the side by sides and installed the electrical pumps, so they are ready to go for the season. Sara plans to start spraying within the next week. They are hoping that with the amount of chemical already purchased it will be enough to spray all the roads at least once. New tires are needed for the blue run-around truck. It is in the current fiscal year budget. Rolling Rubber has tires in stock that would work for County roads. The Commission approved. There is a pesticide applicator training tomorrow at the Fairgrounds. Sara is almost completed with the BLM grant and is ready to start working in the field for the summer.

3:46 PM Sara left the meeting.

3:47 PM Commissioner Braun made the motion to recess for the day. 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.

EVENING RECESS

WEDNESDAY, MAY 3, 2021

9:00 AM RECONVENE

PRESENT: Roy Rost, Chairman; Kevin Braun, Member; Kelsey DuCharme, Recording Secretary

ABSENT: Steve Baldwin, Member

FALLON COUNTY COURTHOUSE

PUBLIC COMMENT – AGENDA/NON-AGENDA ITEMS

No one appeared for public comment.

9:16 AM Debbie Wyrick, Deputy Clerk and Recorder joined the meeting.

Insurance Questions and Discussion- Last week, Globe Life Family Heritage met with the Commission to discuss the possibility approaching County employees with their insurance plan. It would not be a payroll deduction and would not be offered through the County, it would just be to the employees privately. The County employees are offered Aflac as well. The Commission is not interested at this time to take on another insurance company.

9:32 AM Debbie left the meeting.

9:43 AM Julie Straub, HRM joined the meeting.

Revision of Employee Policy 1.19 – Separation from Employment- Julie is requesting a revision to current Policy 1.1 – Separation from Employment. She would like to request to add termination to the policy and that employees that are terminated will receive their final payment of wages on the next scheduled pay day in accordance with the County’s established compensation schedule or within fifteen (15) days from the separation, whichever comes first. This policy complies with Montana Code 39-3-205. If this is not in policy, per Statute, the County must pay immediately at the time of termination. The change would be compliant with the law. Julie would ask to allow a two-week comment period to notice all employees and will come back to adopt the change. The Commission agreed to move forward.

9:50 AM Julie left the meeting.

9:59 AM Julie Straub, HRM joined the meeting.

Permission to Hire- Interviews were held last week for the Manager of Landfill Operations. Julie would like to recommend the Commission hire Jeffrey Frank for the position.

Commissioner Braun made the motion to hire Jeffrey Frank for the Manager of Landfill Operations. 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.

10:15 AM Julie left the meeting.

10:40 AM Commissioner Braun made the motion to take a noon recess. 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

1:30 PM RECONVENE

PRESENT: Roy Rost, Chairman; Kevin Braun, Member; Kelsey DuCharme, Recording Secretary

ABSENT: Steve Baldwin, Member

FALLON COUNTY COURTHOUSE

AGENDA/NON-AGENDA ITEMS-PUBLIC COMMENT

No one appeared for public comment.

1:24 PM Lisa Mitchell, EMS Director joined the meeting.

EMS Updates- Lisa stated that in March there were 13 total calls, and in April there were 14. She has been doing the basic disaster life support courses each week. EMS training was held this last Monday evening. The Crew is ready for the High School Rodeo. EMS week will be in the middle of May. Lisa will be re-applying for the DOT grant this year and would like to try for a new ambulance.

1:56 PM Julie Straub, HRM joined the meeting.

2:02 PM Debbie Wyrick, Deputy Clerk and Recorder joined the meeting.

Job Classification- Julie explained that this meeting held today is to discuss the classification status of the EMS Director position. Lisa’s position is currently exempt, however by taking on-call time, the position should be classified as non-exempt. The administrative duties are what makes the position exempt. Discussion on how the position could be re-structured to allow Lisa to keep the exempt status. Without re-structuring the position, Lisa is not able to take on call shifts and is very limited to the amount of runs she is able to go on. There are currently

12 people actively training to become an EMT at this time. Discussion on the possibility of contracting the EMS

service and how other counties proceed with the services. For the time being, Lisa will work her normal scheduled shift of 8 AM – 5 PM, will not take any on-call hours, and will only occasionally go out on calls for extreme or unusual situations. The Commission will meet with Lisa in January of 2022 to discuss further and evaluate the change.

2:52 PM Julie, Debbie and Lisa left the meeting.

2:58 PM Darcy Wassmann, County Attorney joined the meeting.

Denbury Pipeline Road Haul Agreement- Denbury has turned in a revised agreement for the Denbury Pipeline Road Haul agreement. The Commission is not willing to accept this agreement and would like to use what has been in the past with other pipelines, such as Bridger and ONEOK. They will be meeting with the Commission next week to discuss the agreement as well. The proposed agreement was reviewed in depth.

4:11 PM Darcy left the meeting.

4:13 PM 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/Kelsey DuCharme, Recording Clerk

ATTEST:

s/Brenda J. Wood, Clerk and Recorder

s/Roy Rost, Presiding Officer