Commission Minutes – October 16 – October 20, 2023
9:00 AM CONVENE
PRESENT: Steve Baldwin, Chairman; Kevin Braun and Roy Rost, Members; Brenda Wood, Clerk and Recorder
FALLON COUNTY COURTHOUSE
9:00 AM The Pledge of Allegiance was held in the Commissioner’s Office to start off the week.
9:00 AM AGENDA/NON-AGENDA ITEMS – PUBLIC COMMENT
No one appeared for Public Comment.
9:15 AM DISCUSS/DECISION TO PASS RESOLUTION #1113 FIXING/AMENDING THE MILL LEVY FOR THE STATE EQUALIZATION, COUNTY HIGH SCHOOL EQUALIZATION AND COUNTY ELEMENTARY EQUALIZATION MILL LEVY AUTHORITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2023 AND ENDING JUNE 30, 2024
Darcy Wassmann, County Attorney; Barbara Ketterling, Treasurer/Assessor and Julie Post, Deputy Treasurer/Assessor, Aaron Skogen, Baker High School Superintendent of Schools
There was much discussion on this topic.
Commissioner Rost made the motion to accept Resolution 1113 Amending Mill Levies for Fallon County Fiscal year23-24. Commissioner Braun seconds the motion. Commissioner Baldwin asked for any discussion; being none. 2 Ayes. 1 Nay (Commissioner Baldwin). 0 Absent. The motion carried.
9:30 AM ADOPT RESOLUTION #1115 AUTHORIZING MACO TO REPRESENT THE INTERESTS OF FALLON COUNTY IN SEEKING A DECLARATORY JUDGEMENT FROM THE MONTANA SUPREME COURT REGARDING STATEWIDE EQUALIZATION
Commissioner Braun made the motion to accept Resolution #1115 Authorizing MACo to represent the County in seeking a declaratory judgement from the Montana Supreme Court regarding Statewide Mills.
Commissioner Rost seconded the motion. Commissioner Baldwin asked for any discussion; being none. 2 Ayes. 1 Nay (Commissioner Baldwin). 0 Absent. The motion carried.
9:45 AM DISCUSS/DECISION TO PURCHASE BOAT DOCK/Richard Menger, Sanitarian; Randy Ketterling, Lake Advisory Board Member
Discussed existing boat dock at the Baker Lake being replaced with a new boat dock (with wheels). The old boat dock would be moved to South Sandstone. Rich contacted FWP regarding acceptance of the old dock and they would be interested if that were to happen. Further discussion regarding making the existing dock, a better dock rather than purchasing new.
9:52 AM Robert and Melissa Thielen joined.
The Commission would like to hold off on purchasing new and be given the opportunity to make the existing dock better, with added protection.
9:56 AM Rich and Randy left the meeting.
10:00 AM ROAD/SHOP UPDATES/Bobby Wiedmer, Road Superintendent; Mark Sieler, Road Foreman; Carl Overland, Shop Mechanic
Road/Shop Updates/Carl discussed work on the loader.
1.Permission to hire Road Department Operator(s)/Julie Straub, HRM/No decision to hire at this time.
Updates continued/RDO will come down and do some of the work on the loader. Road crew is still hauling scoria; mowing will be finished this morning; discussed cattleguard work in various areas of the county. Carl has some maintenance work to complete on the ambulances before their inspection. Discussed the Odyssey used by the Council on Aging and possible trade/auction. Commissioner Baldwin stated Carla Brown, COA Coordinator would need to be contacted.
10:05 AM Julie left the meeting.
No further updates to report.
10:06 AM Bobby, Mark and Carl left the meeting.
10:30 AM THIELEN ACCESS PLAT DISCUSSION/Robert and Melissa Thielen; Darcy Wassmann, County Attorney; Shannon Hewson, Brosz Engineering; Casey Heitz, Thielen Attorney (via conference call).
Mr. Heitz discussed a letter he sent to Darcy last Friday regarding late recorded documents. Darcy had not had time to review the letter but did note she would not be able to respond on behalf of the County by the 7-day time frame requested in the letter. Mr. Heitz explained the contents of the letter pertained to some late recorded documents that were encumbrances on his client’s property. Commissioner Baldwin asked if the Commission could have a copy of the letter; permission granted by the Thielen’s, a copy was made.
Mr. Heitz further wondered what authority the county had to record the late recorded documents without the landowner’s permission. Mr. Heitz went on to explain the validity of “the road”, (Thielen Access) has been going on before he knew the Thielen’s. Mr. Heitz maintains this is slander of title and the documents were improperly recorded. Mr. Heitz further stated the documents were recorded after the August meeting. Mr. Heitz and the Thielen’s indicated the recorded documents were directed toward them and their property. Brenda stated they (Clerk and Recorder’s Office) received attorney permission. Robert and Melissa asked if that was the County Attorney. Brenda responded, yes. Darcy stated she was not prepared to respond and has no time this week, due to an upcoming trial she is preparing for. Mr. Heitz and the Thielen’s stated they needed a date when the response would be ready. Darcy and Mr. Heitz will get in touch a week from this Friday, (which will be October 27th).
Robert stated the Thielen’s had been online researching and found these late recordings, or they would have never known about them. Robert stated they did research on Commissioner Braun’s property, which borders their property, and noticed there were no late filings on his property. Brenda explained they have a process they have been following, was not certain of the exact process, possibly by Township. Robert noted Commissioner Braun’s property is in the same Township.
Darcy noted Fallon County has been working on updating our road plat maps and the recording of those documents was part of that process. Brosz Engineering has been working on this project for the County for quite some time now. Commissioner Braun explained they are trying to get all county roads in a GIS system, giving the ability to click on any county road and it will bring up all petitions, easements, etc. pertaining to that county road.
The meeting to further discuss Thielen Access was rescheduled for October 30th. More discussion regarding whether the late recordings will be removed. Theilen’s discussed owning the land for 20 years and the county decides to put documents on that encumber their property is a slander of title. The question was asked if there was a time limit on when old documents could be recorded. Melissa stated the county should be giving the people notice that they are filing these documents. No one had a definitive answer to that question.
Darcy will get the correspondence to Mr. Heitz by the 27th; noting again the meeting with the Commissioner’s was rescheduled for the 30th of October.
Discussion moved to the Thielen Access survey completed by Brosz Engineering. Discussed leaving Burnt Station Road and turning on Thielen Access, the road is solely on Section 3-Township 8-Range 58. but is supposed to be on Section 4; and there are no easements or road grants from the railroad. The bridge was never placed; it is instead a low-water crossing and is on Section 31-Township 9-Range 58. The only easement for that was a railroad easement on the south end of Section 31. They would like to resolve the piece through their place to be a private road and not a county road. Commissioner Braun expressed the county will follow Montana Law and in the eyes of the law it is now a county road. Robert has been telling the county for years to stay off of that road. Commissioner Braun felt they had no authority……Robert and Melissa do feel they have the authority. It is felt the best way to get a resolution to this matter is to get a ruling from a judge. Robert stated the county came out to mow and clean out the creek. Casey looks forward to hearing from Darcy next week. The next meeting will be at 10:30 on the 30th of October.
10:53 AM Robert, Melissa and Darcy left the meeting; Casey hung up the phone, therefore leaving the meeting.
10:55 AM Richard Menger, Sanitarian joined.
10:57 AM PROJECT UPDATES/Shannon Hewson, Brosz Engineering; Richard Menger, Sanitarian
UPDATES/Golf Course permitting was discussed; they are irrigating to decrease the water level, so they are prepared to install the new lid on the inlet.
10:59 AM Bobby Wiedmer, Road Superintendent joined.
Discussed the approach that would be built for Tim Sikorski on the Old Baker Highway. The county will need to get an easement from Tim Sikorski; Brosz Engineering will stake the easement line, (where the fence should be located) and the approach. Tim will need to get an approach permit from the county and there will need to be a culvert placed for the approach as well.
11:13 AM Bobby left the meeting.
Shannon spoke with Derrick deHaan, Maintenance Assistant about the Parkview parking lot maintenance; Derrick will hand out some flyers notifying the residents of the project. Shannon felt Wyrick Construction will be on site this week and has not heard from Top Gun; Shannon will contact Top Gun regarding their portion of the project.
Rich stated the Golf Course holding pond is about half full; again, stated they will pump it down so they can put the lid on the inlet and will fill as needed to perform the testing Shannon has to complete. Rich discussed some issues they have had draining the water from the upper dam; feel there may have been something impeding the gate; may have to do some maintenance. The upper dam should be empty by the end of the month. Shannon has heard nothing from Tom Parker, Geum, regarding the wetland mitigation report.
11:24 AM Shannon and Rich left the meeting.
11:30 AM DISCUSS/DES 911 INTERVIEW QUESTIONS/Julie Straub, HRM
11:50 AM Julie left the discussion.
12:02 PM Commissioner Rost made the motion to recess. Commissioner Braun seconded the motion.
Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
NOON RECESS
PRESENT: Steve Baldwin, Chairman; Kevin Braun, Member; Brenda Wood, Clerk and Recorder
ABSENT: Roy Rost, Member
FALLON COUNTY COURTHOUSE
1:15 PM AGENDA/NON-AGENDA ITEMS – PUBLIC COMMENT
No one appeared for Public Comment.
1:30 PM COUNTY ATTORNEY BUSINESS SESSION/Darcy Wassmann, County Attorney
1.Indigent Burial policy discussion/decisions
Did not have time to do further research.
2.Review/Discuss/Decision-Task order for various on-call engineering/surveying services with KLJ
Exhibit B is listed in the document, but it is not attached, and Exhibit K should be removed as it is not complete or filled in.
3.Review/Discuss/PV rental agreement updates
The Rental Agreement is complete with the reasonable accommodation clause included. The reasonable accommodation request form and reasonable accommodation addendum were also completed.
4.Revise/Sign Interlocal Agreement with the City of Baker for the Planning Board
Darcy will revise paragraphs 5 and 7 due to the termination of the agreement for funding between Fallon County and the City of Baker for planning and staffing.
5.Review/Discuss/Approve 911 GIS Data Maintenance Agreement between Fallon County and KLJ Engineering LLC
Would like a fee schedule or have the $40,000 removed from the agreement and remove Dale Butori from the Scope of Service and replace with ”DES/911 Coordinator”.
6.Review/Discuss/Approve agreement for on-call planning services with Peaks Planning and Consulting, LLC
Darcy has not had time to review this agreement.
7.Old or other county business (as needed)/
2:00 PM Coral Creek Landfill Trust Account/Darcy; Shawn Wiseman, Bank of Baker and Barbara Ketterling, Treasurer/Assessor
Emails from Kaleena Marshall, Senior Trust Officer-Wells Fargo pertaining to the Wells Fargo Trust account were discussed. The DEQ indicated to Shawn, they are done spending time and money on this matter. Kaleena felt if Fallon County would go to court and get a decision from the Judge, this would be the easiest way to resolve the issues Fallon County is having with this trust. The Commission made the decision to go to court to get this matter resolved. Letters will be written to Kaleena (and possibly other local Wells Fargo representatives), notifying them of the decision made.
2:08 PM Barbara and Shawn left the meeting.
2:30 PM Darcy left the meeting.
2:30 PM APPROVE OCTOBER, 2023 MID-MONTH CLAIMS
Commissioner Braun made the motion to approve the October Mid-Month claims in the amount of $388,917.78. Commissioner Baldwin seconded the motion. Commissioner Baldwin asked for any discussion; being none. 2 Ayes. 0 Nays. 1 Absent. (Commissioner Rost).
3:00 PM COMMISSION WORK SESSION
The Commission reviewed revenues received, reports, emails and other correspondence, board minutes and agendas.
1.Old Business (as needed)
a.Coral Creek Landfill Trust Account (any decisions needed)
Decision during County Attorney business meeting to get a decision from the court.
b.Any decisions regarding the agreement between Fallon County and EMEDA for use of County Land for purposes of Food Forest
The County Attorney contacted Vaughn Zenko, EMEDA and updated him regarding the agreement updates.
c.Policies/procedures for gate permit system (discussion/decisions as needed)
The Commission has not had time to further review the permit and set policy.
d.Indigent Burial Policy (discussion/decisions as needed)
The County Attorney has not had time to further research.
e.Review/Discuss/Decision regarding EAP quote from Sapphire Resource Connection/Julie Straub, HRM
Further review will be completed.
f.Decision to move forward with Credible minds or Sapphire Resource Connection
Further review of both quotes will be completed.
g.Review/Discuss/Approve 911 GIS Data Maintenance Agreement between Fallon County and KLJ Engineering, LLC
As stated above, would like a fee schedule or have the $40,000 removed from the agreement and remove Dale Butori from the Scope of Service and replace with DES/911 Coordinator.
h.EMS Billing Practice updates/Policy and Procedure updates
Have not completed any further work on these.
i.Review/Discuss/Decision to sign Task Order for various on-call engineering survey services with KLJ
Exhibit B is listed in the document, but it is not attached, and Exhibit K should be removed as it is not complete or filled in.
j.Decision to approve termination of interlocal Agreement for the funding and operation of the Fallon County Planning Board and use of Planning Staff with the City of Baker
Sent to the City of Baker and have not heard anything further.
k.Decision to approve Interlocal Agreement with the City of Baker for the City to provide solid waste disposal for the County
Sent to the City of Baker and have not heard anything further.
l.Any discussion/decisions regarding PV Rental Agreement updates
The Rental Agreement is complete with the reasonable accommodation clause included. The reasonable accommodation request form and reasonable accommodation addendum were also completed.
m.Other Old Business as needed
2.E-mails/Correspondence
3.Review & Approve Encroachment Permits (as needed)
4.Review Board Minutes/Agendas (Boards other than Commission)
5.Review Department/office reports/sign journal vouchers (as needed)
6.Executive/Action items:
a. Approve/Sign change order No 3 for the Aviation Fueling System at Baker Municipal Airport
Change order No 3 for the Aviation Fueling System Project was approved. Commissioner Baldwin signed on behalf of Fallon County as Chairman of the Board.
b.Approve/Sign Final SF271 Request for Reimbursement and Final SF425 Federal Financial Report for the fuel system project (AIP 022) for the Baker Airport
Final SF27a Request for Reimbursement and Final SF425 Federal Financial Report for the fuel system project (AIP 022) for the Baker Airport were approved. Commissioner Baldwin signed on behalf of Fallon County as Chairman of the Board.
c. Completion of Inventory for Kimberly/AP Clerk
Commissioner’s Baldwin and Braun completed the Commission Inventory report and returned to Kimberly.
d.Review/Discuss/Approve agreement for on-call planning services with Peaks Planning and Consulting, LLC
The County Attorney has not had time to review this agreement.
3:45 PM APPROVE OCTOBER 9-OCTOBER 13, 2023 COMMISSIONER MINUTES
Commissioner Braun made the motion to approve the October 9 – 13 2023, minutes. Commissioner Baldwin seconded the motion. Commissioner Baldwin asked for any discussion; being none. 2 Ayes. 0 Nays. 1 Absent. (Commissioner Rost). The motion carried.
3:53 PM Trenton Harbaugh, Sheriff joined.
4:00 PM FY25 SALARY SCHEDULE WORK SESSION/Julie Straub, HRM; Christa Alford, Payroll Clerk; Debbie Wyrick, Deputy Clerk and Recorder
Trenton was updated on work being completed on the longevity schedule and they have some questions for Commissioner Rost. Debbie brought her spreadsheet showing an approximate cost related to the proposed longevity, with benefits. Since Commissioner Rost is not here the Commission would like to reschedule. Was rescheduled for October 30th at 4:00 PM.
4:15 PM Everyone left the meeting.
4:17 PM Debbie Wyrick, Deputy Clerk and Recorder joined.
Insurance for the aviation fueling system was discussed and the decision was made, not to insure.
4:25 PM Commissioner Braun made the motion to recess. Commissioner Baldwin seconded the motion. Commissioner Baldwin asked for any other discussion; being none. 2 Ayes. 0 Nays. 1 Absent. (Commissioner Rost). The motion carried.
TUESDAY, OCTOBER 17, 2023
8:00 AM DES/911 Coordinator Job Interviews
NOON RECESS
1:15 PM CONVENE
PRESENT: Steve Baldwin, Chairman; Kevin Braun and Roy Rost, Members; Brenda Wood, Clerk and Recorder
FALLON COUNTY COURTHOUSE
1:15 PM AGENDA/NON-AGENDA ITEMS – PUBLIC COMMENT
No one appeared for Public Comment.
1:30 DISCUSS APPRAISAL WORK/Richard Sparks, Appraisal Professionals of MT, LLC
WESTMORE APPRAISAL/Richard spoke to the Commission regarding possibly selling the county lots in two parcels due to some county land lying North and some lying South of the tracks. Also discussed abandoning the streets and alleys. Discussed clarification of language before the bid. The Commission asked if there were structures on the county property. Richard feels there are no structures on the county property in Westmore but cannot guarantee that. Discussed selling the land as is and where is.
COUNTY LAND WEST OF BAKER/ (known as Workforce Housing) appraisal/Discussed appraising the land inside the fence and 40 acres outside of the fence. Discussed 160 acre minimum is needed for ag land classification. Also informed Richard of the appurtenances related to the workforce housing land such as, chain link fencing, 300 hydrants, 600 electrical hookups, sewer and water hookups are in place but would have to get City of Baker approvals and would need an easement for the electrical. The public needs to know they will also need approval from the State of Montana, as a new development. As soon as the survey is received from Brosz Engineering it will be sent to Richard and he will determine if he will be able to complete the appraisal.
1:50 PM Richard left the meeting.
1:55 PM Golf Course Pond Update/Doug Varner, Lead Ground Crew Hand was phoned. Doug stated the pond levels are nearing the level needed to be able to place the new plate for the inlet. A company that used to come to the golf course came back to service the pumps. The pumps are in good condition and are working to full capacity.
2:00 PM APPROVE CLOSED SESSION MINUTES FROM OCTOBER 10, 2023
Commissioner Braun made the motion to approve the October 10, 2023 closed session minutes. Commissioner Rost seconded the motion. Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
2:05 PM-Commissioner Braun made the motion to recess for the day and Adjourn after the monthly safety meeting on Thursday, October 19, 2023. Commissioner Rost seconded the motion. Commissioner Baldwin asked for discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.
RECESS
WEDNESDAY, OCTOBER 18, 2023
4:00 PM LAKE ADVISORY BOARD MEETING/Courthouse basement Conference Room/Steve Baldwin, Chairman; Kevin Braun and Roy Rost, Member all attended.
5:30 PM CWD EDUCATIONAL EVENT PRESENTED BY MONTANA FWP/Melissa Fost, Wildlife Biologist; Oliver Gulig, Game Warden/Kevin Braun, Commission Member attended.
RECESS
THURSDAY, OCTOBER 19, 2023
7:00 AM MONTHLY SAFETY MEETING AT BAKER FIRE HALL/Steve Baldwin, Chairman and Kevin Braun, Member attended.
ADJOURN
FALLON COUNTY COMMISSION ATTEST s/Steve Baldwin, Chairman s/Brenda J. Wood, Clerk & Recorder
