Commission Minutes – August 15-19, 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 AUGUST 8-12, 2022.
Commissioner Braun made the motion to approve the minutes from August 8-12, 2022, as presented. Commissioner Baldwin seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
9:25 AM Commissioner Baldwin was excused.
9:30 AM RESEARCH DISCUSSION/Lisa Hastig and Darcy Wassmann, Fallon County Abstract; Cindy Irgens, Recording Clerk
Discussed conducting research for the Commission to try to relieve some of these duties from Cindy; this would be on an as needed basis. Lisa stated they would need to know exactly what the County is looking for and a legal description. There was much discussion on whose responsibility it is to conduct the research when issues arise and whose budget pays for the research. If the Commission is asking for the research, it should be a Commission expense; if it ends up in a court of law, then the fees should be charged to the County Attorney budget.
If the Abstract office was to conduct the research their costs are $125.00 per Section and $75.00 per hour. Commissioner Braun asked if this price was negotiable. Darcy will discuss this with Laurie Pankratz, co-owner of Fallon County Abstract and get back to the Commission.
10:00 AM ROAD/SHOP UPDATES/Bobby Wiedmer, Road Superintendent; Mitch Overn, Shop Mechanic
Shop Updates-Completing maintenance on mowers in preparation of the mowing season. Working on some small projects for the Fairgrounds as well.
Road Updates-Discussed a Road Department employee using a packer to be used between heats at the derby. Commission asked if anyone had asked about using the County’s water truck; have not heard if anyone has been asked but it should be ready if needed. The Commission has no problems with the road employee using the packer and if they ask to use the water truck that is okay as well. Discussed a culvert on Thielen Access; the water has been going over the top of the culvert for quite some time. Discussed a car gate going into Phebus property needs to be cleaned Bobby will take a look at it.
10:20 AM Mitch left the meeting.
10:36 AM Rich Menger, Sanitarian joined.
10:36 AM Commissioner Baldwin returned.
10:37 AM PROJECT UPDATES/Shannon Hewson, Brosz Engineering
Lakeview Drive Storm Sewer Project Bid Award—Shannon has checked the bids and the Wyrick Construction bid has met all the criteria and the tally was accurate. An August 29th start date is planned, with a September 26th completion date. Jasen has secured the materials for the project but has to get them from Washington.
Commissioner Braun made the motion to award the bid for the Lakeview Drive Storm Sewer Project to Wyrick Construction in the amount of $293,410. Commissioner Baldwin seconded the motion. Commissioner Rost asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
Shannon will prepare agreements and the Notice of Award will be sent for the Commission to sign. The Army Corp of Engineers permit has been received for the project; Shannon has been in touch with the Planning Administrative Assistant and the Flood Plain Permit will be completed soon as well.
Approve Pay Application #2-2022 Bridge Replacement Projects-This pay application will pay Diamond J through July 9, 2022, in the amount of $310,204.69.
Commissioner Braun made the motion to approve pay application #2-2022 for Diamond J. Construction, LLC, in the amount of $313,338.07 of which $310,204.69 will be paid to the contractor; $3,133.38 or 1% Gross Receipt Tax will be paid to the State of Montana. Commissioner Baldwin seconded the motion. Commissioner Rost asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
Updates-The contractor is working on the detour for the Ismay Bridge. Next Friday will be the 30-day cure for the Bonnievale Bridge. The contractor will not backfill the bridge until sometime after next Friday.
10:49 AM Rich left the meeting.
Roads-The Commission asked Shannon if he felt it was necessary to pull the shoulders on the county roads. Shannon feels it needs to be done due to the shaping of the roads and maintaining the slope of the ditch. Commission stated, many times, when the shoulders are pulled it brings the bigger rocks and dirt onto the roadbed. The width of the roadbed was discussed in detail; generally, the roadbed should be 26’ wide. Commissioners Braun and Rost feel this should be done when they are ready to do an overlay; then there will not be a need for as much material for resurfacing. Discussed the best time of year to do this; Commissioner Braun feels late fall may be the best time for this to be completed. The group discussed educating the public as to why we pull the shoulders and reiterated timing has a lot to do with it.
11:03 AM Bobby left the meeting
11:05 AM Shannon left the meeting.
11:00 AM PERMISSION TO HIRE EXTENSION ADMINISTRATIVE ASSISTANT/Amanda Williams, Extension Agent; Julie Straub, HRM
Julie stated they would like to ask permission to hire Alexis Rose for the Administrative Assistant position for the County Extension Office.
Commissioner Baldwin made the motion to hire Alexis Rose as the Administrative Assistant for the County Extension Office. Commissioner Braun seconded the motion. Commissioner Rost asked for any discussion. Commissioner Baldwin stated they had good applicants. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
The Commission asked when the new hire would report to work. Julie stated she plans to start on August 30th.
11:09 AM Amanda and Julie left the meeting.
11:15 AM PRESENT CERTIFICATION OF PETITIONS CALLING FOR AN ELECTION ON ISSUING GENERAL OBLIGATION BONDS/Debbie Wyrick, Deputy Election Administrator; Kathy Newell, Election Clerk
The Commission acknowledged receipt of the Certification of Petitions, (certified on August 8, 2022), from the Election Administrator, (with the qualified signers of the petition being 359, constituting more than 20% of the registered electors of the County), to call for an election on issuing General Obligation Bonds. It is also noted the Bond Issue would not be a separate election but would be placed on the November 8th General Election Ballot.
11:25 AM Debbie and Kathy left the meeting.
11:25 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.
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
1:15 PM Cindy Irgens, Recording Clerk joined.
1:16 PM Lynda Herbst, Inside Custodian Supervisor joined.
Troubadour Drive-Isaac Potters, Farmland Reserve Inc. phoned to discuss the road recently named Troubadour Drive. Issac asked why it was dedicated for public use, but the Commission did not make it a county road. Commissioner Rost stated it is a maintained public access road that was not declared a county road but will receive minimal maintenance. Isaac stated the title company would not give them a marketable title because of this matter.
The Commission took Isaac’s information down and will contact him when they have further information for him.
1:25 PM Issac hung up the phone, therefore leaving Public Comment.
Commissioner Braun will visit with the County Attorney regarding this matter.
1:26 PM Cindy left Public Comment.
Courtroom-Lynda stated Jerri Newell, Clerk of District Court would like to have the courtroom benches completed before the carpet installation. The cushions from the benches have deteriorated and would get on the new carpet, if the carpet is laid first. The Commission granted permission to move forward with the benches before laying the carpet, provided the contractor can get them completed in a timely manner. The contractor included seven (7) trips in her quote; Lynda will find out when she is able to complete the benches.
1:29 PM Lynda left the meeting.
1:30 PM COMMISSION WORK SESSION
The Commission reviewed revenues received, reports, emails and other correspondence, board minutes and agendas.
Appoint Board Members
Commissioner Baldwin made the motion to appoint Debbie Wyrick and Kathy Newell to the Cemetery District Board. 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 appoint Gary Lang to the Council on Aging Board. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays, the motion carried unanimously.
Approve Trap Shoot Voice Release System Quote
Commissioner Braun made the motion to approve the quote received from Howell Shooting Supplies, Inc. in the amount of $1,299.18 to purchase a wired BRB Trap Voice Release System for the Shooting Range. Commissioner Baldwin seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes 0 Nays. The motion carried unanimously.
Sign Fair Contract
The Commission signed Fair entertainment contracts as needed.
Certificate of Appreciation
The Commission signed a certificate of appreciation for Shyla Hadley, Fairgrounds Manager for 5 years of service with Fallon County. The Commission would like to thank Shyla for her years of service wth Fallon County. Your hard work and dedication does not go unnoticed.
2:00 PM JAIL MUSEUM FOUNDATION REPLACEMENT BID OPENING/Elisabeth Epley, EPEDC Executive Director
No one appeared to turn in a bid for the Jail Museum Foundation Replacement Project; no bids were received via mail, fax or electronically. Also, as noted last week, no one appeared last week for the pre-bid walk through for the project.
2:05 PM The bid opening ended.
2:30 PM JAIL MUSEUM FOUNDATON REPLACEMENT BID DECISION
After much discussion, the decision was to send a letter notifying the Montana Department of Commerce, Fallon County will not be able to accept the grant award for the Jail Museum Foundation Replacement project. Due to the exorbitant costs of construction, Fallon County is unable to complete the project as identified in the application to meet the scope of work. At the onset of the project the estimated cost was projected to be $381,837; now the project is estimated to be over $1,000,000. The Commission feels it is not fiscally responsible for Fallon County to move forward at this time.
Commissioner Braun made the motion to send a letter to the Montana Department of Commerce stating Fallon County is unable to accept the Historic Preservation Grant awarded for the Jail Museum Foundation Replacement Project. (No bids were received, and costs are beyond fiscal responsibility). Commissioner Baldwin seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. O Nays. The motion carried unanimously.
3:00 PM APPROVAL OF AUGUST 2022 MID-MONTH CLAIMS
The Commission reviewed and approved mid-month August 2022 claims in the amount of $1,073,173.42. They are filed in the Clerk and Recorder’s Office.
3:45 PM ADOPT RESOLUTION CALLING FOR AN ELECTION TO ISSUE GENERAL OBLIGATION BONDS/Debbie Wyrick, Deputy Election Administrator; Kathy Newell, Election Clerk
The Election Administrator presented the Commission with the certified petitions this morning calling for an election to issue general obligations bonds for the purpose of paying costs of designing, constructing, furnishing and equipping a childcare and community center facility to be owned and controlled by the county; and paying costs associated with the sale and issuance of the bonds in the maximum aggregate principal amount of $7,500,000.
The Commission is required under the provisions of Sections 7-7-2223 and 7-7-2227, MCA to accept the valid petition and adopt a resolution calling for the bond issue to be placed on the General Election ballot, November 8, 2022.
Commissioner Braun made the motion to accept the valid certified petitions and adopt Resolution 1091 submitting to the qualified electors of Fallon County, the question of issuing general obligation bonds in one or more series in the maximum aggregate principal amount of $7,500,000 for the purpose of paying costs of designing, constructing, furnishing and equipping a child care and community center facility to be owned and controlled by the county and paying cost associated with the sale and issuance of the bonds. Commission is required, under the provisions of Sections 7-7-2223 and 7-7-2227, MCA to place the bond issue on the ballot, (November 8, 2022-General Election). Commissioner Baldwin seconded the motion. Commissioner Rost asked for any discussion; is there any discussion; there being no discussion. 3 Ayes. 0 Nays. The motion carried unanimously.
3:53 PM Debbie left the meeting.
Kathy discussed previous conversations about information packets to be sent to the voters, regarding the bond issue. Kathy recommended information be sent by September 23rd so it is received before the ballots are available for the voters, which is October 11th; absentee ballots will be mailed out October 14th.
3:55 PM Kathy left the meeting.
4:00 PM Commissioner Baldwin made the motion to adjourn. Commissioner Baldwin seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. 0 Absent. The motion carried unanimously.
s/Roy Rost, Presiding Officer
s/Brenda J. Wood, Clerk and Recorder