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

Commission Minutes

Commission Minutes

MONDAY, JULY 26, 2021

9:00 AM CONVENE

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

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

No one appeared for public comment.

Commissioner Braun made the motion to approve the minutes from July 19-23, 2021, as presented. Commissioner Baldwin seconded the motion. Commissioner Rost asked for any other discussion; being none. 3

Ayes. 0 Nays. The motion carried unanimously.

9:44 AM Kimberly Jensen, AP Clerk joined the meeting.

Permission to Order County Cell Phone- Kevin Hill, Golf Course Superintendent, is wanting a County cell phone. There are no extra ones in stock, so a new one will need to be purchased with a new phone number. The Commission agreed.

Commissioner Baldwin made the motion to allow permission for Kevin Hill, Golf Course Superintendent, to receive a County cell phone. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously

9:48 AM Kimberly left the meeting.

9:58 AM Bobby Wiedmer, Road Superintendent; Carl Overland, Shop Mechanic joined the meeting.

Road/Shop Updates- The Commission received many compliments regarding the roads after the moisture was received this past weekend. Bobby explained that some washboards are difficult to remove because once the blades go to a deeper level to smooth them out, the roads are still dry enough to make the wheels spin. Discussion on the possibility of using a hydro-vac for the car gates, instead of pulling them out to clean them. All the trucks have been running well, they are just not running much with the weather. They are busy working on a couple of the air conditioners for the end dumps. The Road Crew will plan to start moving items to the County Shop the end of August for the County Auction.

10:21 AM Carl and Bobby left the meeting.

10:46 AM Shannon Hewson, Brosz Engineering joined the meeting.

Project Updates- Discussion on areas of work that are remaining on the Parkview Apartments. There were a few leakage areas when moisture was received last week. Shannon will include the few areas onto his remaining punch list.

10:51 AM Mary Grube, Administrative Assistant Planner joined the meeting.

Millennium Sidewalk Project- Shannon has asked Kratzer Construction to put signage up onto the Millennium Sidewalk Project for liability concerns of people walking on the paths while construction is underway. There will be about 200 yards of sand to put into the area where it was originally planned to be grass.

10:57 AM Julie Straub, HRM joined the meeting.

Bridge Projects- The Sage Grouse permits for both the Ismay Bridge and the Bonnievale Bridge have been sent in. These are required before DEQ will administer their permits.

11:02 AM Shannon left the meeting.

Job Description Review and Update- Mary gave the Commission her notes on what she would like added to the Planning Administrative Assistant job description. Mary attends a variety of meetings as the Executive Secretary. Julie questioned her use of various job titles such as the Floodplain Assistant, Zoning Assistant,

Subdivision Assistant, and the Airport Affected Area Zoning Administrator Assistant. Mary advised that this is part of her Administrative Assistant work. She also stated that she is the head of the Planning Department, and keeps track of budgeting, scheduling, dealing with the public, and managing all aspects of the Planning Department. Meetings that Mary needs to attend will need to be added to the updated job description. She

feels that the predominant work is both in Planning and Board support. The Commission currently does not wish to change Mary’s title; therefore, it will stay as the Administrative Assistant for the Planning Department. Discussion on the possibility of changing the office hours in the Planning Department to 8 AM to 5 PM Monday – Thursday, and not open to the public on Friday’s. Mary would still work Friday’s, but the office would not be open to the public, only by appointment. This would allow Mary to flex her hours to allow her to adhere to a 40- hour work week. The Commission agreed to make this change. Julie will finish updating the job description and will meet with the Commission once more to discuss further and approve the description.

11:40 AM Mary and Julie left the meeting.

11:43 AM 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

PUBLIC COMMENT –AGENDA/NON-AGENDA ITEMS

No one appeared for public comment.

1:26 PM Dale Butori, DES/911 Coordinator joined the meeting.

1:28 PM Staci Knuths, Regional Account Executive for Mid-Rivers joined the meeting.

Mid-Rivers Ethernet Transport Contract Pertaining to Prairie County- The technology for Mid-Rivers was updated for a 5-year term last September. There is an early termination fee of $15,000. The agreement needs to be terminated because Prairie County is no longer involved with Fallon County for 911 services. Staci reported that Mid-Rivers is willing to wave the early termination fee and that the contract will end on July 1st, the first official day that services with Prairie County were exhausted.

1:31 PM Kimberly Jensen, AP Clerk; Dale Butori, DES/911 Coordinator joined the meeting.

All 911 lines relating to Prairie County have been cancelled and are all taken care of. Staci explained the Master

Service Contract with Mid-Rivers. They will send an updated one that can be signed by the Commission.

1:44 PM Kimberly and Staci left the meeting.

1:55 PM Dale left the meeting.

COMMISSION WORK SESSION

The Commission reviewed, revenues received, reports, emails and other correspondence, board minutes and agendas. They also signed the vendor invoice for the Motor Vehicle Recycling and Disposal Grant Program.

Commissioner Baldwin made the motion to go out for Request for Proposals for the Planning Services for Fallon County.  Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

2:00 PM Brenda Wood, Clerk and Recorder joined the meeting.

Trap System- Jim Leischner, Shooting Range Attendant, is wanting to know if the Gun Range has permission to order the trap system for the Gun Range. It was previously discussed at budget meetings. It will cost about

$1,700.00.

Commissioner Baldwin made the motion to allow the Gun Range to purchase a trap system for an estimated cost of about $1,700.00. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

Sheriff’s Vehicle- The Sheriff’s Office has budgeted for a vehicle. There is money in the Capital Projects Fund that could be moved into the Sheriff’s budget to pay for the vehicle. The Commission agreed to move the funds.

2:08 PM Brenda left the meeting.

2:15 PM Commissioner Braun made the motion to recess the meeting. Commissioner Baldwin seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

EVENING RECESS

THURSDAY, JULY 29, 2021

12:45 PM CONVENE

PRESENT: Roy Rost, Chairman; Steve Baldwin, Kevin Braun, (via phone), Members, Brenda Wood, Clerk & Recorder

FALLON COUNTY COURTHOUSE

PUBLIC COMMENT –AGENDA/NON-AGENDA ITEMS

No one appeared for public comment.

PRESENT: Brock Taylor, Derek Montgomery, Travis Jones, TC Energy; Mary Grube, Planner Administrative Secretary (via teleconference); Darcy Wassmann, County Attorney; Forrest Sanderson, Contract Planner (via teleconference); Steve Zachmann, City of Baker Mayor

Discuss Workforce Housing Camp-Brock led the discussion by stating the Biden Administration terminated TransCanada’s permit. In June, TC Energy made an announcement to terminate the project. They are now meeting with all Landowners and offering the sites in an as-is condition. Brock stated TC Energy would like to offer the site (on Fallon County Property) to Fallon County.  The proposal would be to take the camp and yard, in an as-is condition for $1,000,000.  This would include any permits or transfers currently in place. Once the agreement has been signed, Fallon County would receive 20% or $200,000 up front. The remainder would be paid within 30 days after approval by the MT Department of Environmental Quality of the termination of all permits or of the transference of all permits into the Landowner’s name.  Brock further added we feel this will

be a great asset for your community.

Derek stated this would be advantageous for other Companies to use because it is already built and your community has a need, due to the lack of housing also, there are currently other pipeline companies working in town. Fallon County would have to apply for water/wastewater permits to use this as a man camp. Commissioner Rost stated Fallon County would also have to go through Subdivision Reviews.

Discussion that there should not be an issue terminating or transferring outstanding permits with any of the agencies of record, i.e. storm water, etc.

The agreement submitted for signage also includes “Exhibit A”, which includes all the leases and agreements signed to date between TC and Fallon County and “Exhibit B” which includes a copy of the storm water permit.

Forrest had a question regarding the “left in place facilities”; in the agreement it states the County would have to compensate Target Logistics for any “left in place facilities”. Forrest asked if there was a release from Target Logistics. Derek stated Target owns nothing as there is nothing in place as of this time, as the man camp was never set up.

Brock stated this is time sensitive, if we cannot come to terms by September, TC Energy will have to fulfill the agreement and reclaim the man camp this year.  Brock explained TC Energy would like the agreement signed by next week so they can plan accordingly.

Commissioner Braun questioned whether Fallon County would be able to keep the upfront 20% if things fall through. Fallon County will get to keep the $200,000 (20%). Commissioner Braun also asked about the

power to the facility and whether it will remain in place.  Brock stated the power can be transferred into Fallon County’s name.  Commissioner Braun asked if the compressor station, other facilities and power lines that will never be used will remain in place. Brock did not have the answer to what will happen with those but stated the purchaser of the facilities on those properties are under the same requirements as TC Energy.

Approaches to the pipe yards, etc. were discussed and can remain in place as long as the County is okay with that, and as long as the landowners want them left in place, otherwise TC Energy will remove them.

The approaches are within the County’s easements. TransCanada can transfer the existing County permits to the landowners, if acceptable.  If the Commission agree this can be taken care of in the Commissioner minutes.

1:15PM Richard Menger, Sanitarian joined.

Brock asked the Commission’s thoughts on the offer. The Commission agrees this is a fair offer; this will be

placed on next week’s agenda. TC Energy will be kept in the loop as far as the electric line is concerned.

Rich discussed the licensure for the work camp if it is to be used. It was explained they have no intentions of using the work camp.  Rich asked if other pipelines plan to use this site. TC Energy and Commission are unaware of any other interest, but they would have to go through the same process as TC Energy.

Forrest asked does the commission have a preference on reclamation or if TC has a reclamation plan if the County had to do a total reclamation. The Commission will need to make some decisions, (reclamation or sale of the property). Derek felt TC Energy would share their reclamation plan.

Rich and the Commission discussed how great it has been to work with TC Energy and how appreciative we are of all they have done for our community. TC Energy thanked everyone and stated everyone in this Community has been great to work with.

Brock stated as soon as all the paperwork is complete, and payments are made they would like an email or some form of confirmation the bond will be released. This will be taken care of as soon as a copy of the bond is received from TC Energy as our records do not reflect receipt of the bond.

Mayor Zachmann stated the City of Baker owns the lift station and the waterline to the work camp and will need to make some decisions on the status of both of those items.

1:27 PM Brock, Derek, Travis, Rich and Steve left the meeting.

1:27 PM Mary, Kevin and Forrest hung up the phone, therefore leaving the meeting.

1:27 PM Commissioner Rost brought the meeting to a close.

ADJOURN

From Tuesday, July 27th – Friday July 30th, the Commission attended Safety Reviews with the Safety Committee

Members.

s/Kelsey DuCharme, Recording Clerk

ATTEST:

s/Brenda J. Wood, Clerk and Recorder

s/Roy Rost, Presiding Officer