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

Commission Minutes-August 22-28, 2022

Commission Minutes-August 22-28, 2022

      MONDAY, AUGUST 22, 2022


PRESENT: Roy Rost, Chairman; Steve Baldwin and Kevin Braun, Members; Brenda Wood, Clerk and Recorder


The Pledge of Allegiance was held in the Commissioner’s Office to start off the week.


No one appeared for Public Comment


Commissioner Baldwin made the motion to approve the minutes from August 15-19, 2022, as presented. Commissioner Braun seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

9:25 AM Cindy Irgens, Recording Clerk and Darcy Wassmann, County Attorney joined.

9:27 AM Robert Thielen joined.

9:30 AM Casey Heitz, Thielen Attorney joined via conference call.

9:31 AM Melissa Thielen joined.

9:31 AM DISCUSSION ON THIELEN ACCESS/Robert & Melissa Thielen; Casey Heitz, Thielen Attorney (via conference call); Cindy Irgens, Recording Clerk; Darcy Wassmann, County Attorney

          Commissioner Rost explained Cindy had researched the records and found a petition from 1915 for this to be a county road; therefore, for our purposes, this is a County Road. If there is a wish to abandon the road, then that process would need to be followed.

          Robert stated, minus the part that has no easements; also on that petition, there are no Thielen’s that signed.

          Again, discussed the proper process if Thielen’s wish to abandon. Commissioner Rost explained there is a petition, and it is also reflected in the Commissioner minutes. 

          Robert stated there has never been any easements given by them.  They have done all the research and there were no easements sold or given on Sections 3 & 4, (Township 8N, Range 58E). 

          Darcy showed them the grant from John Thielen, which goes north to the boundary of Section 3. Thielen’s were given copies of the easements from the railroad and the grant from 1915. 

         The Commission reiterated; we are going to consider this a county road. Cindy brought copies of all her research; these documents were given to the Thielen’s.

         Robert and Melissa would like time to review the papers with their attorney.

         Darcy felt it is probably a public prescriptive easement.  Robert asked Darcy to explain the public prescriptive easement.  Darcy recommended Thielen’s attorney explain that to them. 

         Robert asked why he had to buy all the cattle guards for the road. The Commission stated the Commission has no record of that. Melissa stated she has all the receipts.  The Commission explained the County’s policy has the landowner purchasing the cattleguards and the County places them. The County takes ownership of them and maintains them.  Robert stated they did this in 2006; Commissioner Braun stated he purchased a cattleguard in the 90’s, so the policy has been that way for quite some time.  Robert asked if the County would start maintaining the cattleguards after this is resolved.  The Commission reiterated they become the counties and would be maintained.  Robert explained all the wings are broke off of the cattleguards.  Melissa asked if Bill had to purchase his cattleguards. The Commission stated the County purchased, per the Court Order. 

          Commission asked about the culvert being plugged on Thielen Access. Robert stated a beaver has it plugged and was going to take his equipment and unplug it.  Commissioners stated the County will take care of the beaver dam and the cattleguards when the road issue is resolved.

          The Thielen’s again asked for time to review all the documents. 

9:47 AM Robert and Melissa left the meeting. 

9:54 AM Cindy and Darcy left the meeting.

10:00 AM ROAD/SHOP UPDATES/Bobby Wiedmer, Road Superintendent; Carl Overland, Shop Mechanic

          Road Updates-They are currently mowing, there is a lot to mow so that is moving along slowly.  The Ismay Bridge was removed, and the detour seems to be working well. The packer has been returned to the county yard.

          Shop Updates-Carl stated he and Mitch removed the gates on a county road, per Court order. Discussed the landowner wants to be sure the car gates get cleaned. The Commission stated the county will clean the car gates, as county policy followed has been, the county will maintain. The landowner is responsible for fencing to the car gate. They are working on the county water truck. The loader is still in Dickinson, no word on it as of this time. Carl will assist in looking for a hook truck.

10:15 AM Bobby and Carl left the meeting.

10:30 AM Rich Menger, Sanitarian joined.

          Landowners drain field was discussed; Rich did not think the contractor had shown up to start the work, but everything is in place for the process to begin.  

10:30 AM PROJECT UPDATES/Shannon Hewson, Brosz Engineering

          Lakeview Drive torm drain project pre-construction meeting-Shannon stated the Contractor let him know he plans to start work next week.  A pre-construction meeting is needed before the project begins.  Discussed Friday is the day that works best for the Commission. Shannon will contact Roger and Darin Meggers, City of Baker and the Utility Companies.

          Bonnievale Bridge-Shannon contacted the City of Baker regarding location of the waterline shut off valve. The contractor that placed the line did not remember where it was located. Shannon stated there have been questions regarding placement of sewer and water lines in the same trench, (as it was when placed the first time). In Shannon’s research of Uniform Plumbing Codes, he cannot find a code defining it must have separation. A plumber may need to be contacted regarding current code. Diamond J has not presented a projected cost for that as of this time.

          Ismay Culvert-Contractor has a new schedule for this box culvert. They plan to complete the rebar and floor prep next week; pour the floor the following week and completion is scheduled by the end of September.  Contractor removed the existing bridge on Friday and opened the detour to traffic.

          Wetlands Monitoring-Tom Parker, Geum Environmental Consulting is scheduled to monitor the wetlands and present his report to the Commission.  This is scheduled for August 29th; the EPA has not responded on their attendance.

          Miscellaneous-Shannon will draft a letter regarding the concrete street repair. Still waiting for a contractor to check the tank at FMC. Discussed process of pulling material on the county roads.  Discussed drainage between the Baker Senior Center and the business next to it. 

11:15 AM Shannon left the meeting.

11:15 AM AUDITOR QUESTIONS/Curt Wyss, Olness & Associates

          Discussed upgrading equipment, how to get specs for equipment if we are not qualified to write them and sole sourcing.

11:29 AM Lisa Mitchell, EMS Program Manager joined.

Curt explained the difference between bidding and sole sourcing in detail. Auditors will be here for a few days this week if the Commission has further questions for them.

11:35 AM Curt left the meeting. 

11:36 AM EMS PROGRAM MANAGER UPDATES/Lisa Mitchell, EMS Program Manager

          Transport Policy/Policy Manual-Lisa returned with the updated transport policy.  The Commission felt the policy looked good. Commissioner Braun would like to see the entire policy; the balance of the Commission agreed.  Lisa stated she has some updates to make throughout the policy manual.  When she is finished with that, she will send it to the Commission for review.  The Commission would like the entire policy manual to be completed before the updates will be adopted with an effective date. 

          Hours-The Commission would like Lisa to finalize the extra hours to be presented for review and possible budget purposes. 

          Training-Lisa would like permission to leave early today to do a training for the Plevna School. Permission granted.

11:43 AM Lisa left the meeting.

11:45 AM Commissioner Braun made the motion to 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


PRESENT: Roy Rost, Chairman; Steve Baldwin and Kevin Braun Members; Brenda Wood, Clerk and Recorder


1:10 PM Lacey Berg, Public Member joined.


1 :08 PM Shannon Hewson, Brosz Engineering and Mike Madler, Contractor joined.

          Road Mapping Project-Discussed the difficulties Mike is having tying some of the documents to a particular road.  The pre 1930 documents and Commissioner minutes do not always reflect the same information to link them together.  They are typically approved by the petitioner’s name but that is not always included in the minutes. The Commission needs to determine how much time they want them to spend trying to tie the documents to the minutes; many times, the decision is not noted in the Commissioner minutes.  The project was bid with the start date of 1913 however they are wondering if it would be better to accept the roads of certainty from the Road Plat Map book which is dated 1932. 

 1:18 PM Jeff Frank, Manager of Landfill Operations joined.

They will continue to scan everything in but tying documents to a particular road will not be an easy task, if at all.

1:20 PM Jim Leischner, Shooting Range Manager joined.

Commissioner Rost feels it will be best to accept the work from the Road Plat book from 1932.  Mike recommends starting in 1932 and decide from there how detailed we want to get with the prior years. The decision was to schedule a meeting and discuss with Cindy when she can attend.

1:25 PM Mike and Shannon left the meeting. 

1:25 PM Lacey Berg

          Met to ask about the county lots across the street from the Splash Park.  Lacey found a Placemaking Grant through the EPEDC to transform a public space, in the community, into a beautiful, lively and welcoming place. This a $5,000 grant and she would like to use that space for a food forest; Lacey described what a Community Food Forest is and what the layout could be designed to look like.  Lacey thinks the Parks we have are wonderful, but this would be something different for everyone and something for the children to experience and learn from.  The deadline for the grant is September 16th

          The Commission stated this is county land but wondered who the maintenance would fall back on. Lacey stated she wants to protect the money and time spent and also does not expect the County to maintain this.  Lacey felt the maintenance would fall on volunteers or possibly a group such as 4H.  Lacey would like the kids to learn about composting, etc. The Commission explained the location she is asking about is slated to be used for the Day Care facility, should the bond issue pass

          Commissioner Rost discussed an alternate location that would be City land. Lacey will discuss this with the City of Baker. 

1:32 PM Lacey left the meeting.

1:32 PM Jeff Frank

          Containers-The containers ordered by the County have arrived. The Fairgrounds containers needed to be dumped this past weekend but the G & G Dispatcher, refused to contact anyone to dump them as it was not scheduled.  The City of Baker came to dump the containers instead. Thank you.

          Hook Truck-Jeff found two (2) hook trucks that may possibly work.  One truck is a 2000 MACK and the other is a 2007 Kenworth, each approximately $35,000. They are owned by the same person so would only have to make one stop.  The trucks are in Minnesota, Commission granted permission for Jeff and Carl Overland to set up a date to go view them using one of the county cars.

1:37 PM Jeff left the meeting. 

1:37 PM DISCUSS TRAP MACHINES-QUOTES/Jim Leischner, Shooting Range Manager

         Trap Machine-Jim discussed the quote he submitted for the trap machine the Commission had earlier granted permission to purchase.  Also discussed targets the 4H Shooting Sports may want to sell to the Shooting Range for trap shooting.  Commissioner Braun suggested they donate funds to 4H for the targets.  Jim will visit with Kimberly on the status of the trap machine order.  

1:45 PM Jim left the meeting.


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

Old Business

          The Commission received a letter of thanks from Carter County DES for offering support to Carter County during the Alzada Event.

Decision/Sign Toro Software Service Agreement for Golf Course

Commissioner Braun made the motion to sign the TORO renewal service agreement and extended warranty for software support, troubleshooting, problem solving and system operation assistance for the Golf Course irrigation system.  The is a three (3) year agreement in the amount of $9,216.  Commissioner Baldwin seconded the motion.  Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays.  The motion carried unanimously.

Sign Modification of Service Contract/Area I Agency on Aging

Commissioner Baldwin made the motion to approve and sign the Modification of Service Contract 2022-001-05 for additional funding of various services. The services are provided through the Area I Agency on Aging, by the Fallon County Council on Aging. The modification increased the amount available to $25,893.50. Commissioner Braun seconded the motion.  Commissioner Rost asked for further discussion; being none.  3 Ayes. 0 Nays. The motion carried unanimously. 

Discuss Iron Horse Park sprinkler water bill/Kimberly Jense, AP Clerk

          Kimberly brought the most current bill received from the City of Baker for the Iron Horse Park Sprinklers to be reviewed and discussed with the Commission.  Kimberly noted the County has only been paying the base rate and not paying for usage and had not noticed that until this month when the bill was astronomical, to the tune of $7,382.99.  Kimberly stated she had questioned the city about this. The clerk explained she was told the meter gun never read the meter; we have never been billed for usage.  This will be placed on the agenda and the city will be asked to join for further explanation before the next claims run. 

Discuss sprinkler system damage at Golf Course/Kimberly Jensen, AP Clerk & Debbie Wyrick, Deputy Clerk and Recorder

         Discussed recent damages to the Golf Course sprinkler system by a contractor while they were performing repair services.  Debbie explained the best process is for the County to pay the bill(s) and the County then bills the person/company that created the damage. This creates a paper trail that is more easily followed and tracked by the county.

1:55 PM Kimberly left the meeting.

         Debbie discussed information received regarding recent water in Parkview basement.  At this time the Commission is not sure if this will end up being an insurance claim. 

         Debbie noted, the Nursing Home sprinkler system claim has come to rest on her lap.

1:59 PM Debbie left the meeting.

2:00 PM Commissioner Braun made the motion to adjourn. Commissioner Baldwin seconded the motion. Commissioner Rost asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.


                                                                                                                          s/Roy Rost, Presiding Officer


s/Brenda J. Wood, Clerk and Recorder