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

Commission Minutes August 21 – August 25, 2023

Commission Minutes August 21 – August 25, 2023

MONDAY, AUGUST 21, 2023

9:00 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.

9:00 AM AGENDA/NON-AGENDA ITEMS – PUBLIC COMMENT

          No one appeared for Public Comment however a phone call was received by the Clerk and Recorder from the State of Montana-DNRC regarding a concern from a citizen of a possible floodplain matter. Several emails and photos were sent to the DNRC regarding the concern.  Forrest Sanderson, Contract Planner/Flood Plain Coordinator was contacted and will be handling this matter.

9:15 AM COUNTY SOCIAL MEDIA DISCUSSION/DECISION FOR POLICY/Josh Lewis, System Administrator; Julie Straub, HRM

          Josh and Julie are here to get the Commission’s thoughts regarding county policy review for social media.  Main focus is to make a decision on the Administrator for the county’s social media pages. Due to employees leaving employment could leave the county with no access to those sites, the decision needs to be made if Josh would be the administrator and the Department Head/Elected Official or designees would be the users. Josh would be the administrator for obvious reasons and would be there to assist. The Administrator can add and change access; discussed multiple Administrators is possible but not good practice. Commissioner Rost stated he would then ask Josh to bring all account information to be filed in the Clerk and Recorder’s vault in case Josh would decide to leave employment with the county. 

          Decision-Schedule a mandatory meeting with all Elected Officials/Department Heads to be on the Commission’s agenda. Josh will work with the Clerk and Recorder’s office to get a couple of meeting dates scheduled so everyone is able to attend one of the meetings.

9:30 AM Josh and Julie left the meeting.

10:00 AM ROAD/SHOP UPDATES/Bobby Wiedmer, Road Superintendent; Mitch Overn and Carl Overland, Shop Mechanics

         Road/Shop Updates/Welcome back Bobby. All of the blades are running due to the moisture received. They are pretty much finished with the City of Baker Street project. They may need to groom some of the areas again.

Discussed some road work that will be done on Straub Access and three (3) miles on Hidden Water Trail. Discussion on any use the Road Department may have for sand. Bobby-they don’t really have a use for sand. They will be advertising for an operator both in the paper and on the radio. Discussed digging some test holes for gravel, on the Mike Stark property. Commissioner Braun spoke with Mike and is fine with that and will also show them areas where the gravel is located. The test holes will define whether they pursue permitting for a pit. Repairs were completed on the loader and is operational. Golf Course mowers-Mitch got one mower up and running and ordered a part for the other mower. Have some work to complete on one of the belly dumps. Will also get the tires replaced on the Landfill hook truck.

10:10 AM Bobby, Mitch and Carl left the meeting.

10:50 AM PROJECT UPDATES/Shannon Hewson, Brosz Engineering; Richard Menger, Sanitarian

          UPDATES/The drone was flown over the wetlands and the information was sent to GEUM Consulting to be placed in their report. 

10:59 AM Rich left the meeting.

Mapping Project-They are still working through all of the information for the mapping project. Bergstrom Hill Road-Waiting on reporting information from the other entities. Thielen Access-The preliminary plats are not complete, hopefully by the end of the week. Troubadour Drive-Final for Section 18 should be done this week as well. The groundwork is complete on Section 15 (workforce housing land). The county portion of the City of Baker Street project is pretty much complete.  Shannon will go view the streets after leaving here today.

11:22 AM Shannon left the meeting.

11:30 AM DISCUSSION/RFQ FOR PLANNING SERVICES/Greg Benjamin and Max Smith, Stahly Engineering; Cindy Irgens, Recording Clerk; Richard Menger, Sanitarian

         Commissioner Baldwin asked what it would look like if we had no one in the Planning Administrative Assistant position. The pass-through was the Administrative Assistant before; we would need to evaluate our need and frequency to decide if the position would need to be part- or full-time. Discussed the Planning Board meets quarterly, or as needed. They would like to see what we had spent when we had a full-time employee and what it would look like if no one was in that position. The Commission’s thoughts are there is no need to have someone in that position full time. There may be times it will be busy and other times when there will be nothing going on. Discussed efficiency and saving tax dollars. It is felt what would be needed is someone to pass out the forms and refer all questions to the contract planner. Discussed fees charged; they do not charge if no service has been provided. They would stay in touch with the point of contact once per week. Rich stated as the Sanitarian he performs the public health and safety side of things, there would be no need for them to perform inspections of licensed public facilities. Discussed permitting; the Commission has been discussing prospecting for road material; so that is a need. 

12:06 Rich left the meeting.

          Greg stated they do plan to send the RFP for On-Call Planning services.

12:10 PM Cindy, Greg and Max left the meeting.  

12:11 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.

          NOON RECESS

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

         Mindi Murnion, Public Health Specialist met to discuss Credible Minds with the Commission. This is a program that provides Mental Health for the entire County and would share this program with Wibaux County. The cost would be $915.00 per year. Mindi will provide the remaining information next week.

1:30 PM COUNTY ATTORNEY BUSINESS SESSION

           1.Discuss-Decision/Approve/Sign Peaks Planning Agreement

Commissioner Rost made the motion to approve the Peaks Planning Agreement for contract planning.  Commissioner Braun seconded the motion. Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

The agreement will be sent to Peaks Planning for signatures before the Commission signs. 

           2.Approve/Sign Agreement with EMEDA for the purpose of a Food Forest

Commissioner Rost made the motion to approve the agreement with EMEDA for the purpose of a Food Forest. Commissioner Braun seconded the motion. Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously. 

The agreement will be sent to EMEDA for signatures before the Commission signs. 

           3.Discuss-Decision/Approve/Sign MOU for Recreation Dept. Assistance

              Darcy will complete the MOU with EMEDA for Recreation Department Assistance after permission is granted by EMEDA to pass the funding through them to the Chamber.

           4.Review/Discuss/State of Montana Ambulance Bid

               Darcy has good news, after further research the County is able to tag on to State bids per Montana Code Annotated if cooperative purchasing is included. In looking up the definition of supplies, “by law”, equipment is considered a supply. The State of Montana has approved a bid with Apgar Ambulance out of Kalispell, MT and Fallon County has an active MOU with the state. The Commission will contact Brittany Renner, EMS Program Manager regarding this information.

           5.Coral Creek Landfill Trust Account Discussion/Decision

              No further discussion at this time.

           6.Gate permit process/policy discussion/decisions

               HB938 takes affect October 1, 2023. Darcy will draw up a resolution, review and possibly revise the permit. Discussed purchasing prenumbered signs 1-20 and the cost for the gate permit.

          7.Discuss indigent burial policy

             A new resolution will need to be drawn up, specific to indigent burials but not specific to any particular funeral home. Discussed paperwork the individual would need to fill out to qualify for indigent burial assistance.

Darcy will further work on this.

          8.Discuss/Decision to terminate interlocal agreement with the City of Baker for County Planning and Professional Staff and the agreement for funding and operation of the Fallon County Planning Board Staff.

             Discussed having a meeting with the City of Baker and include City and County Attorney’s to discuss the best way to approach this. 

         9.Any other county business

             None at this time.

2:25 PM Darcy left the meeting.

2:30 PM REVIEW TOBACCO GRANT PLAN/Michelle Moser, Public Health Staff Nurse

          Michelle discussed the deliverables she has to complete for this grant which includes quarterly meetings with the Commission. Michelle has to educate the Commission and the Public about the various programs. Discussed the chronic diseases prevention programs covered by the Montana Connect Program include Tobacco Use Prevention; Montana Asthma Home Visiting Program and Montana Cancer Control Program. Michelle also has to meet with the Board of Health. Information was given to the providers at FMC to hand out during school physicals and Michelle had a booth at the Fair and will be meeting with others to provide this information. Michelle is required to attend an orientation in Helena. Baker High School has a speaker coming September 8th to talk about the neuroscience of high-risk behavior, focusing on brain studies from effects of alcohol, marijuana, technology overuse, social media, etc. Michelle will also have monthly Facebook posts, ads on the radio and in the paper. Michelle is to monitor and handle incidents pertaining to the Clean Indoor Air Act. Michelle wants to work on the plan for Tobacco free parks in Fallon County.  Discussed signage (provided free from the State of Montana) and approaching the City of Baker about doing the same for City Parks. The Commission granted permission to place signs in the county parks.

2:57 PM Michelle left the meeting.

3:00 PM DEPARTMENT OF REVENUE OFFICE RENOVATIONS/Lisa Rieger, DOR

          Discussed small renovations the Department of Revenue would like to make to the office space they rent in the courthouse. They would like to add a door and a window insert for Lisa’s office for privacy reasons. The Commission would like them to present a plan before they begin construction. Lisa will get on the Commission agenda with any other updates. 

3:01 PM Lisa left the meeting.

3:03 PM APPROVAL OF AUGUST, 2023 MID-MONTH CLAIMS

Commissioner Braun made the motion to approve the August, 2023 mid-month claims in the amount of $1,120,026.48. Commissioner Rost seconded the motion.  Commissioner Baldwin asked for any discussion; being none.  3 Ayes. 0 Nays. The motion carried unanimously. 

4:15 PM COMMISSION WORK SESSION

          The Commission reviewed revenues received, reports, emails and other correspondence, board minutes and agendas. The Commission signed a certificate of Appreciation for Carla Brown for 25 years of service with Fallon County. Thank you, Carla, your dedication and service does not go unnoticed. 

1.Old Business (as needed)

          a.Moving Wells Fargo Trust to Bank of Baker (any decisions needed)

              No further discussion at this time. 

          b.Hospital basement maintenance (any decisions needed)

             No further decisions have been made as of this time.

          c.EMS billing practices/rates (discussion/decisions as needed)

             No further work on this at this time.

          d.Approval of Fair contracts/other Fair business (as needed)

             No further contracts or business.

          e.Ambulance Bid process (decisions as needed)

              See previous discussion from 1:30 PM meeting.

          f.Approve agreement for Recreation Assistance

              See previous discussion from 1:30 PM meeting.

          g.Approve/Sign Peaks Planning Agreement

              See approval from 1:30 PM meeting.

          h.Approve/Sign Agreement between Fallon County and EMEDA for use of County land for purposes of Food Forest

              See the approval from 1:30 PM meeting.

          i.Discuss set-up/policies/procedures for gate permit system

             See discussion from 1:30 PM meeting.

          j.Discuss indigent burial policy

              See discussion from 1:30 PM meeting.

          k.Other Old Business as needed

              The Commission received information from Forrest Sanderson, Contract Planner/Flood Plain Coordinator regarding the Flood Plain matter earlier discussed. Forrest responded to the State of Montana-DNRC acknowledging their concerns. Forrest provided information to the DNRC, by providing the following information: Only a very small portion of the property is in the flood fringe and none of the property is floodway.  Further it appears even less of the property is flood prone and none is in the floodway on the LOMR effective June 17, 2019. Forrest did not believe the work was being completed within the Zone A regulated area. Forrest acknowledged the photos provided by a concerned citizen make a case for concern, the regulatory documents do not support a violation of the Fallon County Floodplain Hazard Management Regulations. 

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:

4:45 PM COMMISSIONER MINUTES APPROVAL FOR AUGUST 14-18, 2023

Commissioner Rost made the motion to approve the August 14-18, 2023, minutes. Commissioner Braun seconded the motion.  Commissioner Baldwin asked for any discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously. 

4:55 PM Commissioner Braun made the motion to recess.  Commissioner Rost seconded the motion. Commissioner Baldwin asked for any other discussion; being none. 3 Ayes. 0 Nays. The motion carried unanimously.

         RECESS

                                                                                    WEDNESDAY, AUGUST 23, 2023    

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

FALLON COUNTY COURTHOUSE    

4:00 PM REVIEW/DISCUSS/DECISIONS (IF ANY)/5 YEAR BAKER LAKE WETLANDS MONITORING/Tom Parker and Marisa Sowles, Geum Consulting/Shannon Hewson, Brosz Engineering; Richard Menger, Sanitarian; Steve Zachmann, Mayor-City of Baker

          Tom and Marisa reported the wetlands looked better than they imagined. Tom did not feel the EPA would require anything more than his report would provide. Commissioner Baldwin asked if Tom had any idea on a response timeline from the EPA. Tom said they are putting all of the same information in their report as they have been for the past years as well as the wetland delineation. It will take some extra time to put this report together because they want to be sure their information is very complete. Geum will send their report directly to EPA and not sure on their timeline. Rich felt the past and present Commission and Geum should be proud of themselves.  Tom spoke with some landowners along the lake, and they were all very pleased with what had been accomplished. Rich discussed the diversity of plants in the wetland areas.  Tom stated yes rather than all cattails we have a variety of vegetation. Commissioner Rost wondered if there was plant loss and if so, how much. It was felt that 2/3 of the plantings survived and he will include that in his report. Commissioner Braun said you don’t expect them all to survive which is why you plant a mix. Tom agreed, you find out what will survive our soil and conditions. Discussed muskrats; they may have seen one (1) but not many. They have noticed a variety of bird species; he is sure there are some that are new to our wetlands, as well as frogs, etc. Shannon stressed we need to make sure to manage the muskrats due to the damage to our dams. Tom and Marisa stated they had not thought of that. The commission wondered if the trees that did not survive would count against us.  They are addressing all of that in their report and including all of the volunteer trees that have decided to grow as well. Tom discussed the wetlands performed better than thought and we have a bonus area, with the channel between the upper and lower lakes. The EPA may come to view the wetlands, that is unknown. It would be great for them to see we exceeded even our expectations.  Rich stated the FWP is very pleased with our lake as well.  Tom stated the mitigation for the Afrank property will be included in their report as well. The Commission is very thankful and appreciative of Tom and Marisa and have enjoyed working with them throughout this journey. Tom and Marisa stated they enjoyed this project as well. 

4:22 PM Tom, Marisa, Shannon, Rich and Steve Z left the meeting.

4:30 PM Commissioner Rost made the motion to adjourn.  Commissioner Braun seconded the motion.  Commissioner Baldwin asked for any discussion; being none.  3 Ayes. 0 Nays. The motion carried unanimously.

          ADJOURN

                                                                                                s/Steve Baldwin, Chairman

ATTEST:                   

s/Brenda J. Wood, Clerk and Recorder