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Commissioner Minutes April 16, 2018

May 15, 2018

April 16, 2018

The meeting was opened at 9:00 by Commissioner Goffena. Commissioner Borner and Berry were present.

The minutes from April 9, 2018 were approved by all Commissioners.

Commissioner Berry told the other Commissioners that he met with Fergus County Commissioner Ross Butcher and Mr. Butcher said that he was ok with Pamela Vosen (Fergus County Flood Plain Administer) helping Musselshell County as their Flood Plain Administer and will talk to the other Commissioners to make sure they agree.   If all agree, Ms. Vosen will need to present a contract for the Commissioners to sign.


Maintenance Supervisor Jett met with the Commissioners regarding the steps on the North entrance of the Courthouse. Ms. Jett will get estimates to have the steps replaced. Ms. Jett will also contact someone for a new courtroom door. State Boiler Inspector Scott Pearson informed Ms. Jett the she will need to get another person to work the boiler in the Courthouse.

Road and Bridge Supervisor Kenner gave her weekly report to the Commissioners. They are going to wait until the Auditors are back in May to discuss the procurement and accountability process with Department Heads. There will be a reminder from the Safety Committee regarding accident reporting and investigation. The Commissioners are going to call MACo regarding the holiday worked issue.

Sheriff Thomas gave his weekly report to the Commissioners. The new vehicle will be arriving this week. A new building at the impound lot was discussed.  The Commissioners told Sheriff Thomas to talk to Mark Qualman with Quest Service Corp. about plans or ideas and then get some bids.

Accounting Supervisor Angel, Scott Graham with the Department of Environmental Quality Abandoned Mines Program, Collette Limeaux with Pioneer Technical Services and DES Coordinators Fisher and Russell met with the Commissioners. Mr. Graham asked the Commissioners if they would be sponsors for a grant that he would write to Fish Wildlife and Park/Future Fisheries for a design for the big buyout PDM (pre disaster mitigation) program. This grant can be used for soft match for the program.  Then there will be a grant for construction through DNRC.  Commissioner Borner said that based on the recommendations from DES and Accounting she would like to sponsor the grant.  All other Commissioners agreed.

DES Coordinators Fisher and Russell gave their weekly report to the Commissioners. Accounting Supervisor Angel was present.   The parts are in to fix the truck.  They will be in contact with Fergus County Flood Plain Administrator Vosen regarding working with Musselshell County until someone is hired.  The new computers are here and ready to be installed. The permits are all in for the big burn on April 22, 2018. The Fire Chiefs will be doing most of the reporting for the NFIRS( National Fire Incident Reporting System) Mr. Fisher will check with Fish Wildlife and Parks regarding a lease for the Stage Stop Property.

Superintendent Sealey, Donna Marmon with Swimmers Forever and Kathie Bailey with Snowy Mountain Development (via phone) met with the Commissioners. They are wanting to do an Environmental Assessment of the Community Center to determine what the Center is feasible for and they are asking the Commissioners to be sponsors for the Community Development Block Grant. This will be on the agenda for April 23, 2018.

Mark Qualman with Quest Service Corp., Brian Johnson and Kari Kaske with Collaborative Design Architect gave their weekly report. Mr. Qualman would like to have a Structural Engineer look at the jail.  Mr. Qualman told the Commissioners that the roof at the Musselshell County Central Commons should be done by the end of the month, they are working on painting and plumbing and the ceiling should be done by the end of next week.  Approximately 85% done.  Mr. Johnson said that he would like someone to come in and check on the installation of the roof and that it would cost $850.00.   Commissioner Borner thinks that is a little high.  Mr. Johnson will check on it again.  Sheriff Thomas entered the meeting.  Mr. Qualman was asked to help with plans for an impound building at the impound lot.  He will get specs together but he thinks they should look at what the ground looks like and get a soil engineer.  Mr. Qualman will get a basic proposal for the cost.

Public Comment on proposed Resolution 2018-11 Adopting Rules and Policies Governing Public Comment and Meetings.

J.K. Kuzara, Mr. & Mrs. Miller, Troy Evans, Deb Adolph, Bette Ross and Rich Borner were present.

Mr. Kuzara said that he does not think the Resolution will accomplish anything and would place more restrictions and discouragement for public comment. He thinks that an Ordinance has more legal standing than a Resolution and the Resolution does not address the completeness of the agenda. Mr. Kuzara thinks that there is a lack of formality. No access to the video and no comments allowed before action of the Commission is a problem. If the sheet handed out by Commissioner Borner last week was followed it would solve 95% of the problems.  Structure and the manner of conduct is the biggest thing and the Resolution does not address that at all.

Ms. Adolph said that Montana Code says that procedure must ensure adequate notice and assist public participation before a final action can be taken that is of significant interest to the public. So asking for public comment before matters makes it difficult for public participation and she questions the order of the agenda. Public comment before discussion doesn’t follow rules.  It also mentions slander defamation and liable and what is the Commissioners definition of that if someone questions a Commissioner?

Ms. Ross would like to see Roberts Rules of Order used. Be professional and respectful of all parties.

Mr. Kuzara said they should not impose restraint on what someone has to say, they can say anything even if it does damage and not be held accountable.

Danny McCaffree joined the meeting.


Ms. Adolph said that under decorum in the Resolution, it says proper language and no personal attacks and the Commissioners should use decorum and be courtesy to each other and what happens if you don’t. Ms. Adolph asked if they were going to uphold that? Commissioner Borner said that she will.

Mr. McCaffree said that he thinks the Resolution is piles of paper that don’t say anything.

Commissioner Goffena said that everything would be taken under advisement and it will be on next weeks agenda and closed the public comment.

3:00 Business

Public Comment

Troy Evans, Deb Adolph, Bette Ross and Rich Borner were present.

Mr. Evans said that he was discouraged by the things that were omitted in the last few weeks approved minutes and is confused why they are not allowed to view the audio of the minutes.

Ms. Adolph said that she has been on many boards and has been attending meetings because of rumors and miss-communications that were circulating and the impact they may have on the election. Ms. Adolph feels she has been judged by attending the minutes and supplied a statement. (available for public review in the Clerk & Recorders Office.)

Item #1 to discuss and decide on making a commitment to the Sheriff’s Office to back them on a Federal Grant for an extra Officer for 3 years (There will be more information on the grant when it is available.) was tabled by Commissioner Borner and second by Commissioner Berry and after discussion Commissioner Borner amended her motion to take it off the table until there is more information. Commissioner Berry seconded the motion. Motion carried.


Commissioner Berry made the motion to review and sign the “changes” in the Montana Association of Counties Workers’ Compensation Trust. Commissioner Borner second the motion. Motion carried.


Commissioner Borner made the motion to review and sign the “changes” in the Montana Association of Counties Property & Casualty Trust. Commissioner Berry second the motion. Motion carried.


Commissioner Berry made the motion to suspend the rules to discuss purchasing the Stratton’s Butcher Block Property. Commissioner Borner second the motion to suspend the rules.  Commissioner Berry made the motion to purchase the Stratton’s Butcher Block Property for $115,000.00 per the appraisal.  Commissioner Borner second the motion.  Motion carried.

Pam Walling with MACo met with the Commissioners to confirm that Musselshell County is keeping the Health Insurance rates for employees the same.

Closed the meeting.

Last modified: March 4, 2019

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