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Commissioner Minutes April 23, 2018

May 15, 2018

April 23, 2018

The meeting was called to order at 9:09 by Commissioner Goffena. Commissioner Borner and Berry were present.

Troy Evans was present.

The Commissioners did not review or approve the minutes from the April 16, 2018 meeting.

Nathan Schroht and Craig Canfield with KLJ met with the Commissioners via telephone regarding the Airport bid. Mr. Schroht asked the Commissioners that they could have done differently to get the bid.  Commissioner Berry told Mr. Schroht that Musselshell County was looking for a change.  Commissioner Borner told Mr. Schroht that the Airport Board was happy with the Service provided by KLJ, but the County Commissioners are just looking to go in another direction.

Road and Bridge Supervisor Stockert, Road Secretary Kenner, Safety Coordinator Ron Manderfeld and Meriel Beck met with the Commissioners. There will be a Resolution at 3:00 business to request distribution of the local government road construction and maintenance match program funds under HB 473 (Bridge and Road Safety and Accountability Act.) This is asking for funds to install culverts in areas severely damaged from the excessive snow/run off of 2017/2018. Commissioner Berry asked if people can buy old culverts? Mr. Stockert said that if they are fairly good they will reuse them but people can buy them for half price and they have to pick them up.  There is still a question regarding Premium Holiday pay for holiday hours worked that the Commissioners are going to look at. There was a reminder of the meeting with the Road Crew at 3:45 this afternoon.

Safety Coordinator Manderfeld met with the Commissioners. Mr. Manderfeld told the Commissioners that he cannot find anything in the Policy Manual saying that employees have to have CPR training but he thinks it may be a liability. They may need to do a Resolution requiring CPR training for permanent part-time and full-time employees.  Also there needs to be a reminder to all Department Heads that if there is an Accident Report filed it needs to be investigated immediately and enforced. Also there are some employees that do not have ID cards.  The Commissioners will mention this at the next Department Head Meeting. They would like to put a “safety tip “page on the County website.

Sheriff Thomas and Under Sheriff Lesnik gave their weekly report to the Commissioners. All of the vehicles trade in were discussed and they feel there is a good rotation of vehicles for now. Mr. Lesnik would like to talk to Accounting regarding his budget.  Accounting Supervisor Angel entered the meeting.  Ms. Angel answered Mr. Lesniks question regarding the Sheriff Budget.  Ms. Angel said that they really need to come up with a long term game plan for the jail. They need to look into low interest and Inter Cap loans.  They need to see if they could possibly get leases from other counties for beds before building the jail to help get a loan. Under Sheriff Lesnik told the Commissioners that Saturday April 28, 2018 from 8:00 A.M. until 3;00 P.M they are doing a “drug take back” for expired medications at the Sheriff’s Office or the DES Office.


Accounting Supervisor Angel gave her weekly report to the Commissioners. The County has received reimbursement for the Hospital Grant. The impound building wanted by the Sheriff’s Office will come out of that offices budget. Ms. Angel is looking at the match numbers for the Stage Stop burn that happened over the weekend and will be talking to DES State Hazard Mitigation Officer Wadsworth to see if community service can be added as match.

DES Coordinator Russell gave his weekly report to the Commissioners. Coordinator Fisher was absent. Mr. Russel gave the Commissioners the acknowledgment of the offer letter from Stratton’s Butcher Block property. The Stratton’s have accepted the offer and the initial paper work has been given to American Title & Escrow.  There has been a request from FEMA and DEQ that any Public Notice to be in the paper regarding any grant program go through them before going into the paper. They are going to get a better date for the Eiselein property burn. The Stage Stop burn was some great training. Fish Wildlife & Parks are still interested in putting in a fishing access at the site and Coordinator Fisher is going to contact them for more information and direction.  The Commissioners need to set up an Official conference call with Fergus County regarding Flood Plain Administrator Pam Vosen. There was a Flood Plain permit complaint that is being investigated by Coordinator Fisher.

Mayor Jones and City Councilmen Picchioni and Toombs met with the Commissioners. DES Coordinator Russel was present.  The City is having City Attorney Lundvall draw up a Memorandum of Understanding for properties within City limits that are currently in mitigation with the FEMA programs.  DES Coordinator said that they will not be going forward with any additional programs at this time. The City would like to do a new Inter-local Agreement for when the new Justice of the Peace is elected. They would also like to look into relocating the office space.  They feel their facility is not adequate and it does not make for a safe environment for when fines are paid. This will go into effect after the Election.  It also needs to be mentioned that the Justice of the Peace is also the City Judge.

Mark Qualman with Quest Service Corp., Brian Johnson and Kari Kaske with Collaborative Design Architect met with the Commissioners. Brenda Vescovi and Natalie Hazelton with Musselshell County Council on Aging and Accounting Supervisor Angel were also present. Ms. Angel said that they were going to have to come up with leases or agreements with the Council on Aging, the Food bank and the Golden Thimble for specific hours, utilities and use of the Musselshell County Central Commons before they take possession. There will also need to be one for private use. Mr. Johnson said that he thinks everyone is going to be happy with the outcome of the renovations but reminds everyone that shelving and all other equipment is owner supplied. The roof membrane is done and the health Inspector is going to be going over the kitchen and they should be completely finished by Tuesday May 15, 2018. Mr. Qualman said that the Courthouse roof inspection was done and it will cost $65,000.00 to replace.  There will be no charge for the inspection.

Public Comment:

Deb Adolph, Troy Evans, Rich Durgin, Tom Stockert, Wade Rongen and Adam Carlson were present.

Mr. Rongen said that when he first started coming to the meetings he had faith in the transparency of the Musselshell Commission but when the minutes get changed and comments get left out and with the proposed Resolution regarding public comment he has lost confidence in the Commission and he is now opposed to several of the Commissioners.

Ms. Adolph said that according to the Annotated Code read last week you have to include public comment on any public matter brought before the Commission on the agenda. Why can’t they have public comment first and then talk about the item on the agenda and allowing public comment then? Commissioner Goffena said they can confer with the County Attorney but it is covered in the Resolution.

Mr. Durgin asked where the County Attorney was and who he worked for? Commissioner Goffena said he thought he was in his office and that he works for Musselshell County and Golden Valley County and the State of Montana. Mr. Durgin asked that as an employee is he not required to be here? The last County Attorney was in meetings.

Mr. Stockert said that elected officials are not considered employees.

Commissioner Borner said that she wishes that they followed Roberts Rules more closely and that Ms. Adolph’s points were taken.

Mr. Evans said that they have heard from the public that the proposed Resolution 2018-11 draft is a direct violation of MCA’s open meeting laws and yet they are voting on it today.

Close of Public Comment.


Item #7 to sign the Inter Local Agreement with Melstone Schools for Transfer Cases was tabled because we have not yet received the Agreement from the DES Department.

Commissioner Borner made the motion to make Item #2 on the agenda first or last so they could get through the rest of the business without delay. Commission Berry second the motion. Commissioner Borner amended her motion to make Item #2 first on the Agenda.  Commissioner Berry second the motion.   Commissioner Berry made the motion to sign Resolution 2018 -11 Adopting Rules and Policies Governing Public Comment and Meetings. Commissioner Borner seconded the motion for discussion.  Commissioner Borner said that she has met with other County Commissioners and boards and she feels the real problem is no formality in the meetings, but the Resolution does have a few things that will work but needs a better format. Commissioner Borner feels that there are contradictions in the Resolution such as the presiding officer conduct and decorum, minutes being recorded have to be considered official and the amount of allotted comment times.  Commissioner Borner worries that the Resolution is to restrict public comment.  She wants to work together and communicate.  Commissioner Goffena said that the County Attorney had the Resolution vetted by Yellowstone County Commissioners. Commissioner Berry said that he feels that all Commissioners have to have decorum and that the allotted minutes are for additional opportunities on different sections.  Commissioner Berry said that in his experience, even in the Legislature, the minutes are not word for word and are always an over view.  Also when there is public comment, even in the Legislature, they can have public comment but they do not answer any questions or speak about it during executive sessions (voting). The agenda comes out 48 hours before the meeting and the public can do their own research to make comments on. The Resolution can be changed in the future if needed.  Commissioner Goffena asked the question of all in favor?  Commissioner Goffena and Berry said I.  Commissioner Borner opposed the motion.

Commissioner Borner made the motion to adopt Resolution 2018-12 to request distribution of the Local Government Road Construction and Maintenance Match Program funds under HB 473 (Bridge and Road Safety and Accountability Act) Commissioner Berry second the motion. Motion carried.


Commissioner Berry made the motion to appoint Robert T Goffena (Musselshell County Commission Chairman) as the Certifying Environmental Official (for the CDBG Planning Grant/Community Center) Commissioner Borner second the motion. Motion carried.


Commissioner Berry made the motion to approve the CDBG Planning Grant as exempt from environmental review. (Community Center) Commissioner Borner second the motion. Motion carried.


Commissioner Berry made the motion to sign the CDBG Planning Grant Application. (Community Center) Commissioner Borner second the motion. Motion carried.


Commissioner Berry made the motion to review the proposals to review the structural issues at the Jail.   Staley = $3,600.00 & Krivonen ($5,400.00) submitted by Mark Qualman from Quest Service Corp. Commissioner Borner seconded the Motion.  After discussion Commissioner Berry amended his motion to accept the lowest bid.  Commissioner Borner seconded the motion.  Motion carried.


The meeting was closed so the Commissioners could go to the Road Department to meet with the Road Crew.






Last modified: March 4, 2019

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