Commission Minutes – April 24 – 28, 2023
9:45 AM CONVENE
PRESENT: Steve Baldwin, Chairman; Kevin Braun and Roy Rost, 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.
9:45 AM AGENDA/NON-AGENDA ITEMS – PUBLIC COMMENT
Debbie Wyrick, Deputy Clerk and Recorder notified the Commission an email was sent to our Insurance Agent regarding insurance concerns for Dr. Sullivan in the capacity of the EMS Medical Director and is waiting for an answer.
9:59 AM Debbie left the meeting.
10:00 AM ROAD/SHOP UPDATES/Mark Sieler, Road Foreman; Mitch Overn and Carl Overland, Shop Mechanics; Kimberly Jensen AP Clerk
UPDATES/They are blading some roads, it is still pretty dry so limited to the roads they can blade.
1. Discussion/Decision regarding bid advertisement for emulsion-Brittanie prepared the bid which includes the bid bond requirement.
Commissioner Braun made the motion to go out to bid for Emulsion. Commissioner Rost seconded the motion. Commissioner Baldwin asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
2. Discuss/Decision gravel bid proposal with waiver-A decision will be made when the Commission gets further information from the bidder.
3. Permission to upgrade cell phone-Kimberly met to discuss the phone Bobby Wiedmer, Road Superintendent would like permission to order. Kimberly found a very durable phone for Bobby and the upgrade would be free. Permission granted to purchase for Bobby.
Old Business:
Walk and roll packer purchase-Discussed the quote and if the quote would be the same ($30,115). Mark will find out the availability. Discussed the need for another packer; it was decided if they are going to have 7 blades the other blade should have a packer as well. They may go pick it up if it is in Billings to save on shipping costs ($1,200).
10:15 AM Debbie Wyrick, Deputy Clerk and Recorder was asked to join.
Truck damage-Will wait to hear back from the insurance company. It is felt the trailer may be able to be repaired by the Road Department. Discussed purchasing salvage for parts. Debbie will turn in to the insurance and will be the contact person. Will also check to see if the mechanics are able to look at the engine.
10:20 AM Debbie left the discussion.
Pump at lagoon-Mitch and Carl went to look at the pump for the golf course irrigation. They need a new rope to attach to the pump for ease of pulling out of the lagoon. Currently the hose is stuck in the lagoon and will devise a plan to remove it. Discussed moving the meter from the old pump house to the new pump house before removing the old pump house from the area. They will then do the necessary dirt work. Permission to go to one of the local businesses to purchase the rope needed and charge it to the Golf Course budget.
10:22 AM Dale Butori, DES/911 Coordinator joined.
The Commission will have Kevin Hill, Golf Superintendent, move the old meter from the old building into the new building.
10:27 AM Mark, Mitch, Carl left the meeting.
Message boards-Dale will be picking up the message boards and putting them back in storage if the old landfill is not too wet. If it is too wet, he will leave them at the Road Department. Dale will let the Road Department know if he has to do that. Dale will also discuss where the Road Department feels would be the best place to move the building from the old Landfill. The message boards could then be stored at the county shop, in that building.
10:28 AM Dale left the discussion.
10:30 AM SANITARIAN UPDATES/Richard Menger, Sanitarian
1.Permission to approve Golf Course hardware/software reporting system quote/
Rich explained the quote includes all hardware (including computer) and software to operate data collection system.
UPDATES/Tree damage; junk vehicle reports/Plevna dump site availability to citizens and inspections
Rich has had good success regarding individuals from the Town of Plevna he recently sent junk vehicle letters to. All but one person has contacted him. The Town of Plevna has agreed to increase the hours for the citizens to dump. One individual plans to shield his vehicles. Rich will have to cut down several trees around the lake and hopes they will come back from the roots. Most of the trees that were damaged were volunteer trees and some were quite large. Would like to use some of the fencing and stakes used for the wetland plantings. Will check with Robbie Christiaens, Outside Maintenance.
Further discussion regarding the data collection system. The Commission asked if the tests would be automatically sent to the State of Montana also asked if the software can be updated. Rich will find out and return with the answers. The Commission wants to be sure we are fulfilling the DEQ requirements.
10:55 AM Rich left the meeting.
10:58 AM Mark Sieler, Road Foreman phoned the Commission and stated they will be able to get the packer before July 1st and it is located in Havre. The Road Department will not be driving to Havre to pick it up.
Commissioner Rost made the motion to purchase the WR90 Series 3 Walk and Roll Packer from LyCox Enterprises in the amount of $30,115 (including shipping). Commissioner Braun seconded the motion. Commissioner Baldwin asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
11:00 AM DISCUSS/DECISION-LANDFILL EQUIPMENT OPERATOR WAGE & PERMISSION TO PURCHASE CELL PHONE/Jeff Frank, Manager of Landfill Operations; Julie Straub, HRM
County cell phone-Discussed offering a cell phone to the new hire. Make sure the new hire wants a county cell phone, if so, permission is granted to purchase.
Wage Discussion for the new hire-Julie discussed similar occupations as per information from the MT Department of Labor. The low end was $22.49, and the high end was $31.03. CDL will be required for the new hire; need to decide the value of hiring someone with a CDL. It was decided .50 cents additional for someone that has a CDL. If they need assistance in the interim discussed working with the Road Department. Discussion regarding giving Jeff the .50 cent increase as of this new pay period.
Commissioner Braun made the motion to start the new hire at $24.93 and $25.93 after completion of probation and they must have a current CDL. Commissioner Rost seconded the motion. Commissioner Baldwin asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
Commissioner Rost made the motion to give Jeff the .50 cent wage increase due to the fact he has a current CDL, which is required to drive the current container truck. Commissioner Rost would like this to begin with the new pay period. Commissioner Braun seconded the motion. Commissioner Baldwin asked for discussion. Jeff stated he would prefer to wait until the new budget year, if he has a say in the matter. Commissioner Baldwin asked for further discussion; being none. 1 Aye (Commissioner Rost). 1 Nay (Commissioner Baldwin). 1 Abstain (Commissioner Braun). The motion did not pass.
11:53 AM Jeff left the meeting.
11:53 AM PERMISSION TO RECALL GOLF COURSE SEASONAL EMPLOYEE(S)/Julie Straub, HRM
Commissioner Braun made the motion to recall Connor Alford as a Golf Course Seasonal Employee. Commissioner Rost seconded the motion. Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
11:57 AM Julie left the meeting.
11:57 AM DISCUSS/DECISION TO PURCHASE POLLUTION POLICY FOR THE AIRPORT (if quote is available)/Debbie Wyrick, Deputy Clerk and Recorder
No quote was received.
11:57 AM MOTION FROM 10:30 AM MEETING
After further information was received from the Auditor, regarding the budget qualifications for the data collection system for the Golf Course irrigation system; Commissioner Rost made the motion to approve the quote received from Winn-Marion, Inc. in the amount of $19,889.27 to purchase the data collection hardware and software system. Commissioner Braun seconded the motion. Commissioner Baldwin asked if there was any further discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
12:03 PM Commissioner Braun made the motion to recess. Commissioner Rost seconded the motion.
Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
NOON RECESS
1:30 PM RECONVENED
PRESENT: Steve Baldwin, Chairman; Kevin Braun and Roy Rost, Members; Brenda Wood, Clerk and Recorder
FALLON COUNTY COURTHOUSE
1:30 PM AGENDA/NON-AGENDA ITEMS – PUBLIC COMMENT
Debbie Wyrick met to update the Commission on the information received regarding EMS Medical Director insurance. Still have no definite answers.
1:33 PM Debbie left the meeting.
1:45 PM PROJECT UPDATES/Shannon Hewson, Brosz Engineering
1.Accept quote for Geotechnical Exploration & Review/Golf Course Spray Irrigation Pond-This would include 3 borings around the pond. The pond would still be required to be tested as well. This would prove the leakage value for DEQ purposes.
Commissioner Rost made the motion to approve the quote from American Engineering Testing in the amount of $7,500 to complete the testing and provide reports pertaining to the Golf Course irrigation pond. Commissioner Braun seconded the motion. Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
Shannon stated American Engineering will complete the one-call. Shannon will get the scheduled time for this project and notify the Commission and Kevin Hill, Golf Course Superintendent, as well.
2.Discussion/Decision gravel bid proposal with waiver-Discussed getting a plan together and make the decision on how to proceed in the future. Need to decide how much gravel the county needs to keep on hand.
Commissioner Rost made the motion to reject the current bid price for gravel, from Wyrick Construction in the amount of $14.95/cubic yard for 50,000 cubic yards. Commissioner Braun seconded the motion. Commissioner Baldwin asked for discussion. Commissioner Rost asked Shannon to find out if Jasen would allow them to stockpile the gravel for an additional 3 years. If so, they may choose to accept his bid waiving the bond. Shannon will do so. Commissioner Baldwin asked for further discussion; being none. 3 Ayes. 0 Nays. Motion carried unanimously.
3.Sign letters to landowners bordering Troubadour Drive-Letters were drafted to landowners asking for an easement and will be mailed today.
4.Bergstrom Hill Road Reconstruction – Will be discussed after the 2:00 PM meeting.
2:00 PM REVIEW/DISCUSS/DECISION (if needed)-REGARDING BID FOR 6TH STREET WEST WATERLINE PROJECT/Tom Bruha, Baker Fire Chief, Turk Stark, Baker Rural Fire District Board Member; Shannon Hewson, Brosz Engineering
The city made the motion to accept the schedule 4-water main bid, contingent on the SID commitment. Anything unforeseen will be the City’s responsibility. The amount of $150,000 will come from the Baker Rural Fire budget. The Baker Rural Fire Department would like the county to replace the $150,000 in their Capital Improvement Fund. The total bid was $271,095 and BRFD maximum commitment is $150,000. The city would assume the $120,000 excess. The Commission would want a commitment from the City of Baker before making a final decision. This amount would need to be in the BRFD FY23-24 budget.
Commissioner Baldwin asked what other plans they have for their Capital Improvement Budget. Tom discussed replacing a tank on a tender for sure at approximately $60,000.
2:19 PM Tom, and Turk left the meeting.
4.Bergstrom Hill Road Reconstruction – Environmental – Shannon received aquote from Meadowlark Environmental- not to exceed $14,000 to complete the environmental assessment needed before moving forward. Permission to move forward with the quote from Meadowlark Environmental. Shannon is hopeful we will get a jurisdictional determination from the CORP after this is completed. Commissioner Rost asked if Shannon tracks the time frame when working with the CORP of Engineers. Shannon has all the records.
2:34 PM Shannon left the meeting.
2:35 PM ADOPT RESOLUTION #1107/RESOLUTION OF INTENT TO CREATE A PAID EMERGENCY LEAVE POLICY/Julie Straub, HRM; Debbie Wyrick, Deputy Clerk and Recorder
Further discussed the policy and how it may affect the public.
2:58 PM-Barbara Ketterling, Treasurer joined.
Discussed the latitude from the Treasurer if there were to be an emergency and the decision was to close the courthouse, including the elected officials’ offices. Would the Treasurer’s office allow the public to pay taxes later or license vehicles? Barb stated she absolutely would allow a grace period for taxes and would not charge fines for those that needed to relicense.
3:02 PM Barb left the meeting.
Further discussed scenarios and the fact this is just a Resolution of Intent. There will still be another comment period also discussed a notification app for cell phones.
Commissioner Braun made the motion to Adopt Resolution #1107 Resolution of intent to create a paid emergency leave policy. Commissioner Rost seconded the motion. Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
3:04 PM Debbie and Julie left the meeting.
3:05 PM COMMISSIONER MINUTES APPROVAL-April 17-21, 2023, Commissioner Rost motion to approve minutes, Commissioner Braun seconded. Commissioner Baldwin asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
3:05 PM COMMISSION WORK SESSION
The Commission reviewed revenues received, reports, emails and other correspondence, board minutes and agendas. The Commission signed the Certificate of Appreciation for Larry Dahl for 25 years of service to Fallon County. The Commission wants to thank Larry for his years of dedicated service to Fallon County.
Old Business
a.)Moving Wells Fargo Trust to the Bank of Baker (Coral Creek Landfill)
No discussion.
b.)Hospital Basement maintenance
No discussion.
c.)Appraisal/Work Order for County Land on Section 15-7-59/Discuss/Decision (if any) to survey
No discussion.
Executive/Action Items:
Permission to purchase clay targets/Shooting Range
3:20 PM Kirk Lineback, Matt Webber, Shooting Range Board members; Jim Leischner, Shooting Range Manager and Shane Bettenhausen, Shooting Match Supervisor joined.
Much discussion regarding purchase of clay targets and the budget. The amount of budget needed is available to purchase the targets in question. Permission to purchase needed clay targets.
3:40 PM Kimberly Jensen, AP Clerk was asked to join.
Discussed ways to avoid these issues in the future budgets. Possibly set up a budget in a new account that Jim would also be in charge of.
3:45 PM Darcy Wassmann, County Attorney joined.
After further review of the budget, it was determined they will not be using the Capital Outlay portion of the budget this fiscal year, which will free up funds. They will need to keep the new modem in their budget for upcoming years in case of future problems. The Commission granted permission to purchase needed clay targets from the FY23 budget.
3:50 PM Matt, Kirk, Kimberly, Jim and Shane left the discussion.
Aramark agreement-Early termination discussion/decision
Darcy feels it is too costly to terminate at this time. Feels the County could reduce the purchase amounts to a minimum. Also discussed sending a letter notifying them of the decision to terminate at the end of the contract period and not renew.
Johnson Controls-early termination Discussion/Decision
Darcy did not have time to look at the agreements with Johnson Controls. The Commission may look at termination at the end of the 3-year term and non-renewal. We were trying to keep it simplified by having only 1 company providing this service. The Commission is disappointed with Johnson Controls and their customer service.
Kirschten Lease/County land is not fenced out from Kirschten Trust Land-That land will be sold in the near future-Discuss/Decisions
Mike Kirschten wanted to notify the Commission that the land in the Kirschten Trust, (which borders the land the Trust leases from the County), will likely be sold before the end of the current lease. No decisions will be made until that sale takes place.
Discuss Agreement with Chamber of Commerce for Rec Department Services
Commission discussed their thoughts of an MOU for this per the Auditors. Darcy will work on an MOU.
Discuss/Approve Outreach Clinic Lease Agreement between FMC and Podiatrist
Darcy reviewed and had no problems with this agreement. Commission signed the lease agreement as the Landlord.
Discuss/Approve EMS Medical Director Agreement/Malpractice Insurance
Much discussion with no resolutions at this time. Commissioner Braun noted we need to keep Brittany Renner, Interim EMS Administrative Manager informed.
Sign contract with Baker School District for use of election equipment
Commission Baldwin, Chairman signed the contract between Fallon County and Baker School District.
Approve and sign Airport Notices to proceed for the Airport Beacon Grant Project
Commissioner Baldwin, Chairman signed the notices to proceed between Fallon County and Airside Solutions Inc. to provide equipment for the project and Direct Electric for installation of equipment for the project.
Sign CRRSA & ARPA Grant Fund request forms for the Airport
Commissioner Baldwin, Chairman signed the financial reimbursement report to close out project AIP 3-30-0004-023-2021 in the amount of $13,000 and close out project AIP 3-30-004-024-2022 in the amount of $32,000.
Approve MOU with MT FWP pertaining to treatment of weeds, by the Fallon County Weed Department on FWP owned and managed land.
Commissioner Baldwin, Chairman signed the agreement, and this will be placed of record when all signatures are received.
Baker Fireworks Fund-Donation Decision
Commission approved $2,500 to be contributed toward the Baker Fireworks Fund.
Sign Modification of AREA 1 Agency on Aging Contract 2023-001-05
Commissioner Baldwin, Chairman signed the modification, and it will be placed of record in the Clerk and Recorder’s office.
4:00 PM CLOSED SESSION/LISA MITCHELL LITIGATION/Julie Straub, HRM; Darcy Wassmann, County Attorney and Cal Stacey, Attorney- (via conference call)
Commissioner Braun made the motion to go into Closed Session. Commissioner Rost seconded the motion. Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
5:00 PM Commissioner Rost made the motion to come out of Closed Session. Commissioner Braun seconded the motion. Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
5:00 PM PUBLIC COMMENT – DISCUSS CHANGING HOURS OF OPERATION FOR THE CONTAINER SITE
5:05 PM-Kevin Hill, Golf Course Superintendent joined.
The contractor working at the Golf Course has repaired 6 leaks; they filled with water and discovered 5 other small leaks; they are digging them up now. They will not be able to test up on top until these 5 leaks are repaired. Discussed use of treated water. Commissioner Baldwin feels Kevin has his enthusiasm back. Kevin apologized for previous meetings.
5:10 PM Kevin H. left the discussion.
PUBLIC COMMENT (CONTINUED) – DISCUSS CHANGING HOURS OF OPERATION FOR THE CONTAINER SITE
No one appeared for Public Comment to discuss changing hours of operation for the container site.
5:30 PM Commissioner Rost made the motion to have the container site remain open 8:30 AM to 4:30 PM on Wednesday’s and Saturday’s, year-round, with the exception of Holidays. This will be effective May 1st, 2023. Commissioner Braun seconded the motion. Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
5:32 PM Commissioner Rost made the motion to recess. Commissioner Braun seconded the motion. Commissioner Baldwin asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
ADJOURN
s/Steve Baldwin, Chairman
ATTEST:
s/Brenda J. Wood, Clerk & Recorder
