2016-10-21

MONDAY, OCT. 3, 2016

9:00AM CONVENE

PRESENT: Steve Baldwin, Chairman; Deb Ranum, William L. Randash, Members; Lani DeBuhr, Recording Clerk

FALLON COUNTY COURTHOUSE

9:00AM MINUTES APPROVAL

The Commission reviewed the Commission Minutes for the weeks of September 19-23, 2016 and September 26-30, 2016.

Commissioner Ranum made the motion to approve the Commission Minutes for the weeks of September 19-23, 2016 and September 26-30, 2016. Commissioner Randash seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.

9:15AM HAIL DAMAGE CLAIM DISCUSSION

Present: Debbie Wyrick, Deputy Clerk and Recorder; Jason Rittal, County Development Advisor; Alba Higgins, Shop Foreman

Debbie Wyrick gave updates on the vehicle claims. The Commission will notify EMC Insurance the hail damage claim will go out to bid with a spring start date. The Commission decided to take insurance off the Search and Rescue Van since it is no longer used. All present discussed Departments using their assigned County vehicle rather than a Fleet vehicle for all their transportation needs, including out of town trips.

9:35am- Duane Loken with Forterra joined the meeting.

9:45am- Debbie Wyrick and Jason Rittal left the meeting.

9:45AM MOTOR GRADER BID SPEC REVIEW

Present: Bobby Wiedmer, Road Supervisor; Alba Higgins, Shop Foreman

The Commission reviewed the Motor Grader Bid Specs and gave permission for it to go out to bid this week.

10:00AM ROAD DEPARTMENT UPDATES

Present: Duane Loken, Forterra Sales Manager; Bobby Wiedmer, Road Supervisor; Alba Higgins, Shop Foreman; Shannon Hewson, Brosz Engineering

Forterra Culvert Discussion- Duane Loken said Forterra will pay for all expenses related to the Westmore Box Culverts needing to be reformed. The County will pay for the culverts once Forterra reimburses them for the additional expenses.

10:15am- Duane Loken left the meeting.

Shop Updates- Alba Higgins gave updates on the vehicles and equipment being serviced or repaired this week. Alba said the shop crane is installed, he is going to get an estimate on extending the runway for it and will give the estimate to the Commission once received.

10:25am- Alba Higgins left the meeting.

Road Updates- Bobby Wiedmer gave updates on the activities of the Road Crew this week. The entire crew will be attending an LTAP training in Glendive on Wednesday.

10:30AM COAL BANK/WEBSTER RD. BOX CULVERT LANDOWNER MEETING

Present: Bobby Wiedmer, Road Supervisor; Shannon Hewson, Brosz Engineering

The invited landowners did not attend the meeting. The Commission asked Shannon Hewson to mail the box culvert plans to the landowners.

11:00AM LAKEVIEW SHOPPING PARKING LOT DISCUSSION

Present: Shannon Hewson, Brosz Engineering; Bobby Wiedmer, Road Supervisor

Shannon Hewson said he isn’t sure if the pipe in the Lakeview Shopping Center Parking Lot drained before the retaining wall was constructed but noted the small red barn used to sit on top of the pipe before it was moved. Shannon said both the pipe and the embankment need to be repaired and a new pipe can be placed on top of the older one. Shannon will notify the Planning Department about the angle at which the pipe will need to be placed in order for the water to drain properly in the channel so it doesn’t cause future damage to the embankment.

11:20am- Bobby Wiedmer and Shannon Hewson left the meeting.

11:20AM PRCA CONVENTION DISCUSSION

Present by Conference Call: Jerrid Geving, Fair Board Member

Jerrid Geving said the Fair Board gave him permission to go to the PRCA Convention in Las Vegas, NV at the end of November and asked the Commission for permission. The Commission gave permission and asked if any other members wanted to attend and Jerrid said no, he will be the only one going.

Jerrid asked the Commission if the County would help pay expenses for him and Eddie Coulter, Fair Board Member, to go to the Nile in Billings in October to get sponsorships for the MT High school Rodeo. The Commission told Jerrid to talk to the Fair Board about this and as long as they agree and there is money in the Fair budget the County can help with the expenses.

11:30am- Jerrid Geving ended the phone call and thereby left the meeting.

11:30am- Herb O’Donnell, Member of the Public, joined the meeting.

Herb O’Donnell joined the meeting to notify the Commission there are bus signs in the ditch and the Commission will notify Bobby Wiedmer, Road Supervisor about this. Herb asked if the approaches to his place can be built back up. The Commission asked Herb if he had the dirt to do this and he said no. The Commission will ask Bobby to talk to Herb about his approaches.

11:35am- Herb O’Donnell left the meeting.

11:35AM AIRPORT PURCHASE REQUEST REVIEW Present: Roger Meggers, Airport Manager

The Commission gave Roger Meggers permission to have Direct Electric install LED outside lighting at a cost of $2,247.39

11:40am- Roger Meggers left the meeting.

11:45AM PUBLIC COMMENT

Joe Janz, Outside Building Maintenance Supervisor, Lynda Herbst, Inside Building Maintenance Supervisor, Chuck Lee, 911/DES Coordinator, and Trent Harbaugh, Sheriff joined the meeting for Public Comment. The AC Unit in dispatch stopped working over the weekend due to the moisture catch tray filling up. The water from the catch tray spilled over and drained into the Dispatch kitchen also. Chuck asked if 911 can take care of the cooling issues in Dispatch by calling Lane Straub, Straub Heating & Cooling, if they have a problem since he can service it quickly and the Commission gave permission.

11:55am- Trent Harbaugh, Lynda Herbst, Joe Janz and Chuck Lee left the meeting.

12:00PM NOON RECESS

Commissioner Ranum made the motion to take a noon recess. Commissioner Randash seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.

1:15PM RECONVENE

PRESENT: Steve Baldwin, Chairman; Deb Ranum, William L. Randash, Members; Lani DeBuhr, Recording Clerk

FALLON COUNTY COURTHOUSE

1:15PM DISTRICT COURT OFFICE CLERK HIRE APPROVAL Present: Julie Straub, Human Resource Manager

Jerrie Newell, Clerk of Court and Julie Straub, Human Resource Manager recommended Deanna Herbst be hired as the General Office Clerk for the Clerk of Court. The Commission reviewed and signed the New Hire Approval Form authorizing Deanna Herbst to be hired as a General Office Clerk for the Clerk of Court.

1:25pm- Julie Straub left the meeting.

1:30PM CLAIMS APPROVAL

The Commission reviewed and approved the September End of Month Claims in the amount of $871,802.74 and they are filed in the Clerk and Recorder’s Office.

4:00PM COUNTY ATTORNEY UPDATES

Present: Darcy Wassmann, County Attorney

Pinnow Buy/Sell Agreement- Commission reviewed and approved the Buy/Sell Agreement with amendments between Fallon County and Craig and Wanda Pinnow for the purchase of land for the Landfill. Darcy Wassmann will send this to George Huss for review this week.

Eastern Montana Mental Health Board (EMMHB)- The EMMHB now has two counselors on staff to provide services to Counties. Darcy will contact other County Attorneys to discuss if a County should have a contract with EMMHB for the services they are to provide since none of them do at this point. The Commission would like a contract in place so there is accountability with them providing services to Fallon County on a continuance basis.

MacKay Lease- The Commission decided to not prohibit hunting on any County land that is leased due to it being public land and Montana Statute giving no direction if it is allowed or not. The most recent Land Lease between Fallon County and Donald and Laurie MacKay will reflect this decision and be mailed out for signature this week.

Easements- The Commission asked Darcy if easements were required in order to maintain someone’s road. Darcy said yes, it is required as an easement gives the County permission to go in and out of the road.

Miscellaneous – The Commission and Darcy discussed how to approach and deal with employees who take it upon themselves to do duties they are not responsible for.

4:50pm- Darcy Wassmann left the meeting.

5:00PM EVENING RECESS

Commissioner Ranum made the motion to recess for the evening. Commissioner Randash seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.

TUESDAY, OCT. 4, 2016

9:00AM RECONVENE

PRESENT: Steve Baldwin, Chairman; William L. Randash, Member; Lani DeBuhr, Recording Clerk

ABSENT: Deb Ranum, Member

FALLON COUNTY COURTHOUSE

9:00AM CEMETERY SEASONAL HELPER DISCUSSION

Present: Iven Felt, Cemetery Caretaker

The Commission gave Iven Felt permission to let his seasonal helper work an additional week in order to help him trim the trees along St. Johns Cemetery.

9:05am- Iven Felt left the meeting.

9:15am- Commissioner Ranum joined the meeting.

9:15AM COMMISSION WORK SESSION Journal Entries- The Commission reviewed and Commissioner Baldwin, as Chairman, signed the following Journal Entries: Journal Entry 231 to move an expense to a different Library account; Journal Entry 232 to move a Fair Fund expense to a Capital Projects Fund.

Agreement- The Commission reviewed and Commissioner Baldwin, as Chairman, signed a Professional Services Agreement with KLJ for Grant Administration and Closeout Report for the Airport’s Baker AIP 3-30-0004-018 project.

Board Agendas/Minutes- The Commission reviewed Board Agendas and Minutes.

Revenues- The Commission reviewed revenues received during the week.

Department Notices/Reports- The Commission reviewed Department Reports, Newsletters and Notices.

Emails- The Commission reviewed emails sent to them from State agencies and other entities that required no discussion, action or decision.

10:00am- Commissioner Baldwin excused himself from the meeting.

10:00AM OUTSIDE BUILDING MAINTENANCE ASSISTANT DISCUSSION

Present: Joe Janz, Outside Building Maintenance Supervisor; Julie Straub, Human Resource Manager

Julie Straub said Darold Brown’s job classification should be changed from a permanent part-time employee to an intermittent employee. Darold doesn’t have a set schedule or a set number of hours but works in response to the needs of the Department as they arise and this fits the definition of an intermittent employee. Darold will be able to keep his balance of sick and vacation leave but will no longer earn vacation or sick leave if his classification is changed to an intermittent employee. Because of this, his supervisor, Joe Janz asked the Commission to give Darold a raise to $23/hour to compensate him for the loss of vacation and sick leave. Commissioner Randash asked Joe if the value of benefits he will lose is equivalent to the wage increase he is proposing and Julie said no since the loss of benefits has not been calculated. Commissioner Randash said he would like to see the value of lost benefits before giving his opinion on the matter. Commissioner Ranum said they should wait before considering a wage increase until the next fiscal year when all salaries are set. Joe said they have increased other County employees’ wages so doesn’t know why it would be a problem now. Commissioner Ranum also expressed concern about a helper making as much as their supervisor and the precedence this would set. Joe said Darold is reliable and can operate all types of heavy equipment, attends safety meetings and can do whatever other employees in his type of position do. The Commission discussed who should be called in when Joe needs assistance, Darold or DuWayne Bohle, Special Projects Worker. The Commission said they will discuss Joe’s request with Commissioner Baldwin before making a decision.

10:30am- Joe Janz and Julie Straub left the meeting.

10:30AM FALLON COUNTY BOARD APPOINTMENTS

Present: Robert Pfund, Newell Broadcasting

There were no letters of interest submitted for the available Fallon County Board positions. The positions that were advertised were: 2 for Ambulance Board, 1 for Cemetery Board, 1 for Council on Aging Board, 1 for the Salary Commission and 1 for Tax Appeal Board.

10:37am- Robert Pfund left the meeting.

10:50am- Commissioner Baldwin joined the meeting.

11:00AM COMMISSION WORK SESSION

The Commission discussed Joe Janz’s request for Darold Brown to be given a raise to compensate him for loss of vacation and sick leave if changed to an intermittent employee. All Commissioners agreed Darold is an intermittent employee and should be classified this way. Commissioner Randash said he thinks Darold is worth $23/hour due to his availability and the skills he has. Commissioner Baldwin said they need to find out what the going wage for this type of work is before giving a raise. Commissioner Baldwin voiced concerns about Darold accruing more hours at the higher wage. The Commission discussed DuWayne Bohle, Special Projects Worker, being the primary person to help Joe and Darold being the secondary helper. Commissioner Ranum suggested meeting half way with the wage increase. Commissioner Randash said he would like to see the value of lost benefits before deciding what the raise should be.

Commissioner Randash made a motion to classify Darold Brown as an intermittent employee. Commissioner Ranum seconded the motion. Commissioner Baldwin asked for any other discussion and there was none. 3 Ayes. 0 Nays. The motion carried unanimously.

12:00PM NOON RECESS

Commissioner Randash made the motion to take a noon recess. Commissioner Ranum seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.

1:15PM RECONVENE

PRESENT: Steve Baldwin, Chairman; Deb Ranum, William L. Randash, Members; Lani DeBuhr, Recording Clerk

FALLON COUNTY COURTHOUSE

1:15PM CITY OF BAKER UPDATES

Jodee Pratt, City of Baker Mayor, did not attend meeting therefore it was canceled.

2:00PM SEPTEMBER TIME SHEET REVIEW

The Commission reviewed and approved the September 2016 time sheets, payroll & withholdings in the amount of $523,974.58 and they are filed in the Clerk and Recorder’s Office.

4:00PM TIME SHEET COMPLETION DISCUSSION This meeting was moved to Wednesday, October 5 at 1:15pm.

5:00PM EVENING RECESS

Commissioner Randash made the motion to recess for the evening. Commissioner Ranum seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.

WEDNESDAY, OCT. 5, 2016

9:00AM RECONVENE

PRESENT: Deb Ranum, William L. Randash, Members; Lani DeBuhr, Recording Clerk

ABSENT: Steve Baldwin, Chairman

FALLON COUNTY COURTHOUSE

9:00am- Randy Wolenetz, Member of the Public, joined the meeting.

Randy Wolenetz joined the meeting to ask the Commission if they have any new information on the fencing placed in the State right of way south of town. The Commission said they spoke to Shane Mintz with the Montana Department of Transportation and Shane said agreements like this happen often and the State isn’t too interested in doing anything about it. Randy said he understands that but this fencing poses many hazards. The Commission will schedule a time next week to discuss this with Randy and Shane so they all know what can or cannot be done.

9:08am- Randy Wolenetz left the meeting.

9:00AM HEALTH OFFICER DISCUSSION Present: Kim Cuppy, Health Nurse; Julie Straub, Human Resource Manager Dr. Espeland is retiring and said he could continue being the County’s Health Officer for the next year. The Commission gave permission for Dr. Espeland to continue being the County’s Health Officer at the current rate.

9:15am- Kim Cuppy left the meeting.

9:30AM REVIEW AND SIGN EBMS EMPLOYEE MEDICAL BENEFIT PLAN FOR FY2016

The Commission reviewed and signed the EBMS Employee Medical Benefit Plan for FY2016.

10:00AM CLERK/RECORDING SECRETARY JOB DESCRIPTION REVIEW

Present: Julie Straub, Human Resource Manager; Brenda Wood, Clerk and Recorder

The Commission reviewed and approved of the Clerk/Recording Secretary job description.

10:00am- Tom Kachel, Landfill Manager, joined the meeting to say he was in approval of his job description and then excused himself from the meeting.

10:15AM LANDFILL MANAGER JOB DESCRIPTION REVIEW

Present: Julie Straub, Human Resource Manager

The Commission reviewed and approved of the Landfill Manager job description.

10:30AM SAFETY COMMITTEE UPDATES & ACTION PLAN REQUEST

Present: Julie Straub, Safety Director; Cindy Irgens, Safety Team Member; Barb Lechler, Fair Manager

The Commission gave permission for cones to be placed on top of two electrical pedestals by the water tower and 36” plow guards to be placed on top of the 14 electrical pedestals located in the Fairgrounds South Parking Lot per the Safety Committee’s recommendation.

11:00AM ELECTRICAL LINE DISCUSSION

Present: Rich Menger, Sanitarian; Forrest Sanderson, Contracted Planner; Mary Grube, Planner Administrative Assistant; Julie Straub, Human Resource Manager; Chuck Lee, 911/DES Coordinator

Rich Menger said the flood gates are powered by battery backups and on September 20th the battery backup didn’t work when the dam was being inspected. Rich said they did get the flood gates to open with a generator but relying on a secondary power source to operate the gates is not sufficient. Rich said the gates are the City of Baker’s responsibility and because of this he spoke to the City of Baker Council about installing a permanent electrical line to operate the gates. Rich said there is approximately 1200 feet of line and expects it to cost $5,000-$6,000 to install.

11:20am- Rich Menger, Julie Straub, Chuck Lee, Mary Grube and Forrest Sanderson left the meeting.

11:30AM REVIEW AND SIGN PARKVIEW RETIREMENT COMPLEX RENTAL AGREEMENT

The Commission reviewed and Commissioner Ranum, as acting Chairman, signed a Parkview Retirement Complex Rental Agreement.

12:00PM NOON RECESS

Commissioner Randash made the motion to take a noon recess. Being there was no second, Commissioner Ranum, as acting Chairman, stepped down from being Chair and seconded the motion. 2 Ayes. 1 Absent. 0 Nays. The motion carried.

1:15PM RECONVENE

PRESENT: Steve Baldwin, Chairman; Deb Ranum, William L. Randash, Members; Lani DeBuhr, Recording Clerk

FALLON COUNTY COURTHOUSE

1:15PM TIME SHEET COMPLETION DISCUSSION

Present: Julie Straub, Human Resource Manager

Commissioner Ranum suggested employees begin completing their timesheets daily. Julie Straub agreed and said it is a better way for employees to account for their hours and would alleviate a Supervisor having to complete an employee’s timesheet if they are gone at the end of the month. The Commission asked Julie to draft a memo that will be sent to employees notifying them of this requirement.

1:20pm- Julie Straub left the meeting.

3:00PM POLICY MANUAL REVIEW

Present: Julie Straub, Human Resource Manager

The Commission approved the changes Julie Straub made to the Community Support Work section of the Policy Manual per their request on September 12, 2016. Julie and the Commission reviewed the Fallon County Policy Manual- Sections 2.01 to 4.04 which included: Workplace Expectations; Employee Conduct; Employee Parking at Courthouse; Personal Visitors to the Workplace; Drug and Alcohol Free Workplace; Smoke-Free Workplace; Annual Vacation Leave; Sick Leave; Sick Leave Direct Grant; Military Leave; Family Medical Leave Act; Maternity and Parental Leave; Jury and Witness Duty Leave; Personal Leave of Absence without Pay; Compensation; Time Sheets and Preparation of Payroll; Overtime; Holiday Pay; Health and Life Insurance. The Commission designated Jason Rittal, County Development Advisor and the Commission Chairman as the County’s Public Information Officers in the Workplace Expectations section of Policy Manual. This section states all inquiries from the media must be referred to one of these two people. The Commission included allowing sick leave donations to be given to employees to provide care or attendance to an immediate family member in the Sick Leave Direct Grant section of Policy Manual. The Commission chose to allow employees who work on a holiday to choose between getting regular pay for the hours they worked on the holiday or flexing the time off during the pay period in the Holiday Pay section of the Policy Manual.

3:55pm- Julie Straub left the meeting.

4:00PM FAIRGROUND SEASONAL LEAD CREW HOURS STATUS DISCUSSION

Present: Fair Board Members: Jerrid Geving, Eddie Coulter, Alyse Webber, Jeff Greenlee, DeeDee Geving; Julie Straub, Human Resource Manager; Barb Lechler, Fair Manager

The Fair Board recommended Floyd Ehret, the Fairgrounds Seasonal Lead Crewman be changed from a seasonal to a permanent part-time employee and suggested he be allowed to work 20 hours per week in the off-season and full-time in the regular season. The Fair Board said this position would replace the Barn Manager position that currently averages 17 hours per month. The Commission voiced concern about there being enough work in the off-season to warrant a 20 hour week position. The Fair Board said there is enough work between repairs, servicing equipment, working the arena, cleaning out stalls and other ground duties. The Fair Board said this would also ensure there is a seasoned worker ready to lead the summer help when that time comes each year. The Fair Board said they could reduce the number of seasonal helpers in the regular season from 6 to 5 to offset the increased cost of Floyd working part-time in the off-season. Julie Straub said if Floyd is a 20 hour/week employee and there is not enough work to do in a given week then he would be required to take vacation time in order to meet the 20 hour schedule minimum. Julie suggested setting the hours at 15 per week and if he needs to work more he can without any penalization. Julie supports making this a permanent position due to it giving that position continuity from the off-season to the regular season and freeing Barb Lechler to manage the facility and promote the use of it. Julie said if this doesn’t work it can be changed back to a seasonal position. The Commission said there may be other employees who are available to help at the Fairgrounds during the winter months and would like to discuss this further before making a decision on this position. The Fair Board said if they approve of the position they would like the person to be paid around $20/hr. rather than the current $13/hr. he receives now. The Commission said if the position was to increase that much it would need to go out for recruitment and advised the Fair Board if they wanted to discuss it further it would need to be placed on the agenda.

4:40pm- Jerrid Geving, Eddie Coulter, Alyse Webber, Jeff Greenlee, DeeDee Geving, Barb Lechler and Julie Straub left the meeting.

5:00PM EVENINING RECESS

Commissioner Randash made the motion to recess for the evening. Commissioner Ranum seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.

6:30PM SENATOR DAINES MEETING AT TAVERN

The Commission attended a meeting with Senator Daines at The Tavern in Baker, MT.

THURSDAY, OCT. 6, 2016

9:00AM RECONVENE

PRESENT: Steve Baldwin, Chairman; William L. Randash, Member; Lani DeBuhr, Recording Clerk

ABSENT: Deb Ranum, Member

FALLON COUNTY COURTHOUSE

9:00AM ALIEN VAULT PURCHASE REQUEST

Present: Andy Fujimori, IT Tech

The Commission chose to not purchase Alien Vault at this time due to wanting to do more research on security systems since no other Montana County uses this program.

9:05am- Andy Fujimori left the meeting.

9:15PM REVIEW FALLON COUNTY FINAL FY2016-17 BUDGET

The Commission reviewed the Fallon County Final FY2016-17 Budget that was adopted on August 29, 2016.

10:00AM FALLON MEDICAL COMPLEX (FMC) UPDATES

Present: David Espeland, FMC CEO; Selena Nelson, FMC CFO; Margie Losing, Incoming FMC CFO

Selena Nelson presented the Commission with FMC’s June 2016 Year End Financial Report and all present reviewed it together. David Espeland gave updates on Parkview Complex.

11:00am- David Espeland, Selena Nelson and Margie Losing left the meeting.

11:00AM REVIEW FALLON COUNTY FINAL FY2016-17 BUDGET CONTINUED

The Commission continued to review the Fallon County Final FY2016-17 Budget.

12:00PM NOON RECESS Commissioner Randash made the motion to take a noon recess. Being there was no second, Commissioner Baldwin stepped down from being Chair and seconded the motion. 2 Ayes. 1 Absent. 0 Nays. The motion carried.

1:15PM RECONVENE

PRESENT: Steve Baldwin, Chairman; Deb Ranum, William L. Randash, Members; Lani DeBuhr, Recording Clerk

FALLON COUNTY COURTHOUSE

1:15PM CITY OF BAKER STREETS DISCUSSION

Present: Bobby Wiedmer, Road Supervisor; Jason Rittal, County Development Advisor; Jodee Pratt, City of Baker Mayor; Luke Holestine, City of Baker Public Works Director Guest: Robert Plung, Newell Broadcasting;

The Commission and all present met to discuss the condition of streets in the “middle east” area of Baker. The streets in this area are not paved since the area residents haven’t approved of an SID to fund the paving, instead, asphalt was placed on them years ago. The asphalt is breaking and coming up and the City has received several complaints about the condition the streets are in. Because of this Luke Holestine and Jodee Pratt wanted to remove all asphalt and replace it with gravel since the residents won’t pay to have it paved. Bobby Wiedmer lives in that area and said placing gravel on the roads will affect their property values. Bobby suggested chip and sealing the roads with an emersion oil, the same material that has been placed around Baker Lake. This wouldn’t be a permanent fix but with routine maintenance would last awhile. The approximate cost for materials to do all streets in that area, not including labor, is $47,480. Jodee asked if the County would be able to supply the labor to apply the chip and seal and Bobby said the Road Department would be able to do this. Jodee said they could visit with the residents about paying for the materials since it would be a much cheaper option than paving. Luke said the City could prep the roads this spring with the chip and seal going down after prep work is done. Bobby suggested talking to the residents and possibly propose spreading out the cost over a two year time span so it is affordable to them.

2:00pm- Jodee Pratt, Luke Holestine and Bobby Wiedmer left the meeting.

2:00PM FALLON COUNTY TIMES ARTICLE DISCUSSION

Present: Jason Rittal, County Development Advisor; Julie Straub, Human Resource Manager; Darcy Wassmann, County Attorney

Guest: Robert Plung, Newell Broadcasting

The Commission and all present met to discuss the errors and misquotes in the article about Jason Rittal’s position with the County and the “Gotta Question” answer that was published in the Fallon County Times on September 30, 2016.

2:19pm- Jason Rittal, Julie Straub, Darcy Wassmann and Robert Plung left the meeting.

2:20pm- Commissioner Baldwin excused himself from the meeting.

3:00PM ADJOURN

Commissioner Randash made the motion to adjourn the meeting. Being there was no second, Commissioner Ranum stepped down from being Chair and seconded the motion. 2 Ayes. 1 Absent. The motion carried.

TUESDAY, OCT. 11, 2016

9:00AM CONVENE

PRESENT: Steve Baldwin, Chairman; William L. Randash, Member; Lani DeBuhr, Recording Clerk

ABSENT: Deb Ranum, Member

FALLON COUNTY COURTHOUSE

9:00AM REVIEW AND SIGN AGREEMENT FORM FOR THE WEBSTER AND COAL BANK CULVERT PROJECT

The Commission reviewed and Commissioner Baldwin, as Chairman, signed the Agreement Form between Fallon County and Diamond J Construction for the construction of the Webster and Coal Bank Box Culvert Project.

9:15am- Commissioner Ranum joined the meeting.

9:15AM HAIL DAMAGE CLAIM DISCUSSION

Present: Debbie Wyrick, Deputy Clerk and Recorder; Jason Rittal, County Development Advisor; Alba Higgins, Shop Foreman

Jason Rittal is drafting the hail damage bid specs that will go out to bid in October/November with a bid opening at end of November. Once the specs are completed the Commission will decide whether to include all building repairs into one bid or to break the repairs up into a few smaller bids. Commissioner Ranum suggested changing the color of tin on the Fairground Buildings to white when repairs are done. After further discussion it was determined some of the Fair buildings will only have two sides replaced therefore the khaki color will remain. All money from the insurance for autos has been received and all totaled vehicles the County kept will have a salvaged title.

9:55am- Debbie Wyrick, Jason Rittal and Alba Higgins left the meeting.

10:00AM ROAD DEPARTMENT UPDATES

Present: Alba Higgins, Shop Foreman; Bobby Wiedmer; Road Supervisor; Shannon Hewson, Brosz Engineering

Shop Updates- Alba Higgins gave updates on the vehicles and equipment being serviced or repaired this week. The Commission gave Alba permission to purchase cabinets from Fastenal to store nuts and bolts.

10:15am- Alba Higgins left the meeting.

Sather Rd. Discussion- Bryant Steen is moving his son to the Ollie area and is inquiring about Sather Road being maintained by the County. The road had been abandoned by the County and in order for it to be maintained a petition requesting the road to be opened would need to be done. Bobby Wiedmer will discuss this with Bryant and offer for him to come talk to the Commission about it.

UPDATE: On 10/13/16 Bobby Wiedmer researched this issue more and discovered the road in question was not abandoned as previously thought.

Road Updates- Bobby gave updates on the activities the Road Crew will be working on this week. A landowner thanked Bobby for making crowns in the roads as they are in much better condition than other Counties that don’t put crowns in. Commissioner Ranum said Gene Nemitz asked if the County was going to replace the bridge on 6 Mile Road (Ismay Rd. North) since it is so narrow. Bobby said the bridge is on the Historical Society List so in order to replace it they would have to go around it. Bobby said Bowman County tried to do this and were required to remove the old bridge and then had to find a location to display it.

Webster Rd Box Culvert- Diamond J Construction had to have the old fence removed and the temporary fence installed before starting project. Because the fencing was not included in the bid specs, Shannon Hewson contacted three contractors to put the fence in immediately. Diamond J Construction’s fence quote was high and Rieger Fencing had time to install the temporary fence but not remove the old fence. Fox Hills Fencing was able to remove the old fence and install the temporary fence for $4,100 so Shannon had them do it this weekend. When the permanent fence is ready to go in Shannon will solicit quotes for it.

Westmore Rd Box Culvert- Shep’s Welding gave a breakdown of the additional costs ($43,650) incurred for the sloped end sections being reformed, Forterra will pay for this.

Railroad Avenue Study Results- The study results will be discussed next week due to time restraints.

10:45AM GOLF COURSE UPDATES

Present: Eric Kary, Golf Course Manager; Julie Straub, Human Resource Manager

Eric Kary gave updates on items he will be working on this month and said he doesn’t expect to accrue overtime this week. Julie Straub asked Eric to notify the Commission ahead of time if he expects overtime.

10:55am- Eric Kary and Julie Straub left the meeting.

11:00am- Commissioner Ranum excused herself from the meeting to attend the Fairgrounds Concession Building Construction Meeting at the Fairgrounds.

11:45AM PUBLIC COMMENT

No one appeared for Public Comment.

12:00PM NOON RECESS

Commissioner Randash made the motion to take a noon recess. Being there was no second, Commissioner Baldwin stepped down from being Chair and seconded the motion. 2 Ayes. 1 Absent. 0 Nays. The motion carried.

1:15PM RECONVENE

PRESENT: Steve Baldwin, Chairman; Deb Ranum, William L. Randash, Members; Lani DeBuhr, Recording Clerk

FALLON COUNTY COURTHOUSE

1:15PM CTEP & VETERANS MEMORIAL DISCUSSION

Present: Mona Madler, SMART Executive Director

CTEP Project- Mona Madler gave the Commission Peaks to Plains’ field report for the CTEP Project to review. The Commission and Mona discussed Gamut Construction’s progress on the CTEP Project and whether liquidated damages should be assessed since the project is still not complete. Commissioner Baldwin called Carson Beach, owner of Gamut Construction, and Carson expects the project to be completed in a week to a week a half. After much discussion and reservation, the Commission decided to give Gamut Construction up until October 21st to complete project and if it isn’t done by this date liquidated damages will be assessed.

The CTEP bid specs stated the asphalt pavement needed to meet the Montana Department of Transportation (MDOT) mix standards but Gamut Construction used the Montana Public Works asphalt pavement mix standards instead. Mona spoke to an MDOT representative and they said using the Public Works standards were ok since it won’t get the heavy traffic and high speeds that highways do. It is the Commission’s choice if they want the asphalt removed and replaced with the MDOT standards mix since that is what is in the contract. The Commission chose to not have the asphalt removed since MDOT gave approval of the material used and because of time constraints.

Veteran’s Memorial- Mona gave updates on the installation of the POW/MIA flagpole and monument at the Veteran’s Memorial.

1:55pm- Mona Madler left the meeting.

1:50PM COMMISSION WORK SESSION

PURCHASE REQUEST- The Commission gave Lynda Herbst, Inside Building Maintenance Supervisor, permission to have Direct Electric remove and replace light fixtures in the new server room.

BOARD AGENDAS/MINUTES- The Commission reviewed Board Agendas and Minutes.

REVENUES- The Commission reviewed revenues received during the week.

DEPARTMENT REPORTS/NOTICES- The Commission reviewed Department Reports, Newsletters and Notices.

EMAILS- The Commission reviewed emails sent to them from State agencies and other entities that required no discussion, action or decision.

2:30PM BAKER LAKE CLEAN-UP ENGINEERING PROCUREMENT TEAM SELECTION

Present: Jason Rittal, County Development Advisor; Chuck Lee, 911/DES Coordinator; Rich Menger, Sanitarian; Mary Grube, Planner Administrate Assistant

The Commission and all present met to discuss who should be on the Baker Lake Clean-Up Engineering Procurement Team. This team will review and rank the Request for Qualifications (RFQ) received from engineering firms in order to select the firm that will be hired for the project. The options for the team are: team composed of Commission only; committee formed with the Commission and other members; committee formed with members in which they give their recommendation to the Commission. The Commission was advised that the larger the selection team, the longer the process of ranking and choosing the engineer will take. After much discussion, the Commission decided to have the team composed of the Commission only due to the time factor in getting Baker Lake drained as soon as possible. The Commission will contact individuals to review the RFQs and give their thoughts during the selection process also. Once the engineering firm is selected they will be asked to give their proposal on the best way to drain the Lake, then it will be the County and FEMA’s decision to accept the proposal and have work begin.

3:00pm- Jason Rittal, Rich Menger, Chuck Lee and Mary Grube left the meeting.

3:00PM POLICY MANUAL REVIEW

Present: Julie Straub, Human Resource Manager

The Commission approved the changes Julie Straub made to the sections of the Policy Manual per their request on October 5, 2016. Julie and the Commission reviewed the Fallon County Policy Manual- Sections 4.06 to 7.04 which included: Worker’s Compensation; Retirement; Employee Wellness Program; Computers, Internet and Email; Social Media at Work; Workplace Safety Program; Safety Incentive Program; Workplace Violence Prevention; Weapons on County Property; Fallon County Credit Card; County Issued Cellular Phones; Use of County Vehicles and Equipment; County Auction and related County Personnel Forms. The Commission included prohibiting employees from using hands free cell phones while operating County vehicles or equipment in the County Issued Cellular Phones section of Policy Manual. The Commission asked for it to be noted that only County employees can operate County vehicles and that Board Members who are not County employees cannot operate County vehicles in the Use of County Vehicles and Equipment section of Policy Manual. The Commission included the requirement of having all employees take Fleet Vehicle Training before operating a County vehicle in the County Vehicles and Equipment section of the Policy Manual. This training will be given once a year during a Safety Meeting or individually as the need arises.

Julie said IRS rules state if an employee drives a work vehicle home then they have to pay a 3% tax on the use of it. Julie said at times employees take County vehicles home due to having to leave early in the morning or returning from their trip late at night. Julie said the Commission can create a policy that would specify the employee would not have to pay the 3% tax when taking a vehicle home and the Commission asked for that policy to be created. Commissioner Ranum suggested allowing other employees to be reimbursed for Personal Protective Equipment (PPE) they purchase like the Road, Landfill and Ambulance employees. Julie will discuss this recommendation with the Safety Committee to determine what types of PPE should be reimbursable. The Commission will continue to require employees to attend safety meetings in order to receive the Safety Incentive PPE reimbursement. The Road Department requested the PPE allowance be increased from $150/year to $200-$250/year due to increased costs of steel toed boots and safety glasses. The Commission will do research on this before making a decision.

The Commission will formally approve the Policy Manual next week and then it will go out for a two week review before being adopted.

4:00pm- Julie Straub left the meeting.

4:00PM FENCING RIGHT OF WAY DISCUSSION

Present: Randy Wolenetz, Member of the Public; Darcy Wassmann, County Attorney

Present by Conference Call: Shane Mintz, Montana Department of Transportation (MDOT)

The Commission and all present met to discuss the fence the Enos family is putting in the State Right-of-Way (ROW). The Enos family was invited to attend this meeting but were unavailable and didn’t ask for it to be rescheduled. The summary points of discussion were:

• The ROW is land the State purchased from the area landowners but the County has jurisdiction of the road and ROW since they maintain it and have the final say on how it is used.

• The original fence was set 60 feet from center line with variation for cuts. The new fence jogs quite a bit and is much closer than 60 feet from center line. Randy Wolenetz gave reasons why he and his neighbors think the placement of this fence is hazardous.

• Shane Mintz said the landowner is encroaching on the ROW and in order to keep it there they would need to apply for an encroachment permit which the Commission would approve or disapprove. Shane said the encroachment permit would be for a 5 or 10 year term and would require a bond to be in place for liability purposes. Shane said MDOT would rather nothing be in the ROW, but it is the County’s decision to make.

• Shane’s main concern is a portion of fencing that is within the “clear zone” of road. A road’s “clear zone” is the amount of space needed for a driver to recover if they veer off the road. A “clear zone” is based off of traffic volume, slope and the speed limit of road and the “clear zone” for this road extends 20 feet from the center line. There is a 1/4 mile stretch of road in which the fencing is only 18 feet from the center line and Shane said if MDOT had jurisdiction over it he would recommend it be moved.

• Commissioner Ranum said in the 1970s Delane Beach, a previous Commissioner, worked with the Enos family to get an easement for that road and then it eventually became a secondary primary road. Shane said an easement wasn’t given but rather the State was deeded the land by a Bargain and Sale Deed. Cindy Irgens, Clerk, gave the Commission a copy of the Bargain and Sale Deed that she found upon their request. Shane will send the Commission all ROW information for this road so they can see where the fencing should be placed in order to not encroach on the ROW.

4:40pm- Shane Mintz ended the call and thereby left the meeting.

4:42pm- Bobby Wiedmer, Road Supervisor, joined the meeting.

The Commission updated Bobby Wiedmer on the discussion they had with Shane Mintz. Bobby said the Road Crew needs 33 feet from the center line for snow removal and Randy said the fence is closer than 33 feet in some areas. Darcy Wassmann said safety should be the Commission’s number one concern and consistently making everyone abide by the same rules.

4:50pm- Shane Mintz with MDOT called and thereby joined the meeting.

Shane Mintz said after researching this further he discovered the State only obtained a temporary easement from the Enos family during construction of the road, the State didn’t pay them for the 60 feet of ROW like all other landowners along it. Shane said the ROW information he is sending will show how many feet of ROW they have along Enos’s land.

4:55pm- Shane Mintz ended the call and thereby left the meeting.

Darcy advised the Commission to wait until this information is received and then they can determine what can be done if anything. Bobby and Darcy discussed the easement the County has with the Enos family to maintain the road, Darcy will review the easement.

5:10pm- Bobby Wiedmer and Darcy Wassmann left the meeting.

5:15PM ADJOURN

Commissioner Randash made the motion to adjourn the meeting. Commissioner Ranum seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.

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