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Commissioner Minutes December 10, 2018

January 2, 2019

December 10, 2018

The meeting was called to order at 9:00 by Commissioner Goffena. Commissioner Borner was present. Commissioner Berry was present via telephone. Kim Kuzara and Director of Technology Toombs were present. Mr. Toombs requested a closed door meeting to discuss with the Commissioners a request that he feels could put him in a legal situation. Commissioner Berry made the motion to allow the closed door meeting.  Commissioner Borner seconded the motion. Motion carried.  Clerk & Recorder Tomassi usually does minutes for a HR meeting but Mr. Toombs requested her to not take minutes.  Commissioner Borner said she did not want to take minutes but they could record the minutes.  Mr. Toombs said that would be ok.  Meeting was recorded.    County Attorney Peterson joined the meeting after it had started. The Commissioner’s directed Mr. Toombs to preserve e-mail records of 5 elected officials and 2 County employee’s for possible request for discovery. Meeting ended.

Adam Carlson joined the meeting to observe for the day.

Commissioner Goffena left the meeting.

No business was conducted due to lack of a quorum but Commissioners Borner visited with all scheduled appointments.

Road Secretary Kenner gave her weekly report to the Commissioners. Ms. Kenner asked if they are going to pursue the Jensen ROW for relocation of #4 Road.  Commissioner Borner told her that it is on the 3:00 business agenda.  Ms. Kenner reminded the Commissioners of the meeting at 1:00 with the Department of Transportation and other County Departments.  There is no an estimated time of arrival for the 2014 motor grader.  Blading being done on Harvey, N. Gage, Gage Dome and E. Parrot roads today.

Sheriff Thomas gave his weekly report to the Commissioners. Commissioner Borner read Mr. Thomas the requirements for contractors for Musselshell County per MACo. They are needing a building on the impound lot and will be going out for bids. There is 1 inmate.

Accounting Supervisor Angel gave her report to the Commissioners. Ms. Angel sent the Annual Financial Reports to the Auditors.   There will be Workers Compensations, Unemployment and Retirement Audits this week.

Mr. Kuzara entered the meeting and asked Commissioner Borner how business can be conducted without all Commissioners. Commissioner Borner said that there is no business being conducted but there are meetings scheduled and she will just visit with them.

DES Coordinator Fisher gave his weekly report to the Commissioners. There was a Fire Council Meeting on Thursday. Mr. Fisher will be meeting with DNRC in January to get the new fire plan for the year put together. Brian Rodeghiero will be calling to schedule a meeting to discuss an easement with the County. There is a Water Coalition Meeting on December 11, 2018 at City Hall. Mr. Fisher is going to look into the HRDC work program. There is a meeting with Fish Wildlife & Parks on December 13, 2018.

County Agent Mat Walter and Connie Schaad with Montana Made Project met with the Commissioners. Ms. Schaad wanted to meet the Commissioners.  Montana Made Projects has a bid on windows for the Musselshell County Central Commons and the Courthouse.  The bids for the Commons will be opened today at the 3:00 business.  Mr. Walter told Ms. Schaad that he will be going out for bids for the repairs of the Extension Office soon.

Road and Bridge Supervisor Stockert, DES Coordinator Fisher, Kim Fisher from Dispatch, Adam Carlson, Mayor Jones, Sheriff Thomas, volunteer fireman Dan Hanson and from the Montana Department of Transportation, Stefan Streeter, Bud Pederson, Ken Hamblen, Adam Lahr and Dan Ramsey met with the Commissioners. Mr. Stockert read a statement regarding an incident that happened on November 11, 2018.  There was about an inch of snow and at mile marker 33 on Hwy 87 S. there was an accident and both lanes were blocked. MDT trucks were out but the County sander was inoperable until after 3:00 P.M. The State was asked to sand Old Divide Road and they said no.  Mr. Stockers said that he understands liability, but when lives are in danger other things need to be considered for public safety.  Bud Pederson (Montana Department of Transportation Maintenance chief in Lewistown) said that there where situations that happened without approval of the MDT.  MDT never diverts traffic because they do not know if the road is safe for all vehicles. If they would pull the State vehicles off the highway then the highway is not covered and there is potential for more accidents. The most important thing is to move traffic and get the roads cleared. They considered this incident a temporary closure.  If there was a true emergency situation they would have helped. Mr. Hanson said they needed to get the vehicles off the side of the road.  Mr. Pedersen said that they could have been gotten out after the roads were cleared. Mr. Pedersen had the policy that is State wide on how a situation is handled, MDT is to open or close the road, Highway patrol is to keep everyone safe and wreckers are to clean up.  Mr. Pedersen said that there was hardly any law enforcement.  Mr. Hanson said that there were 3 Highway Patrol on scene.  Mr. Ramsey said that there were none on the North side of the situation.  Mr. Pedersen asked that we never divert traffic and contact MDT immediately.  Unless there is a true emergency it is considered a temporary closure. Ms. Fisher asked what defines a true emergency. Mr. Streeter said that when there are no other means than to divert traffic, then it needs to be done to the policy standards.  Mr. Fisher said that part of the issue is the division of Districts, some calls go to Billings. Mayor Jones said with different situations there needs to be a clear policy. Commissioner Borner said it is important to know that there is a MDT policy.  The policy was given to all involved parties.

Commissioner Goffena joined the meeting.

Justice of the Peace Marsh, Brad Marking and Carole McInnis met with the Commissioners. Mr. Marking said they need to find a new home. Commissioner Borner said they are going to be using the County Complex, Maintenance Supervisor Jett has been doing some work there and we are waiting on bids for some plumbing issues. Mr. Marking said they had visited the building that morning and there are some things that need done. Commissioner Borner suggested making a list and everyone meeting there together to go over what can be done but reminded them of the budget. (They will be a meeting at the County Complex Monday December 17, 2018 at 1:00.)  Ms. Marsh said that she never saw or signed the Interlocal Agreement between the City and County.  Commissioner Borner said that the agreement was with the City and County. Mr. Marking said that he has talked to the County Attorney and City Attorney and that there should be a contract done for him.  The Commissioners said that there should be a contract and if they want to draw on up that is fine they will review it. Mr. Marking said that he has also talked to people at the Supreme Court and they may be looking into how things are being done. Ms. Marsh said all the time she has worked with the City she was never compensated buy them and they just supplied the office and courtroom and she thinks it’s unfair. Ms. Marsh said that the City will have to appoint Mr. Marking as City Judge. Mayor Jones entered the meeting.  Ms. Jones said that they are sure they can come up with an agreement.  If the City needs to come up with money to help with Mr. Marking’s wage they need to have a source to collect money.

There was no public comment.

Commissioner Berry called in for business.

Item #2 to discuss and decide on hiring an attorney for probate for the #4 Road relocation until there is more discussion.

Commissioner Berry made the motion to use Mark Qualman for the bid package for the Extension Office at the price of $600.00. Commissioner Borner seconded the motion. Motion carried.

Commissioner Borner made the motion to sign the Letter of Commitment for the Pre Disaster Mitigation Plan submitted by DES Coordinator Fisher. Commissioner Borner seconded the motion. Motion carried.

Bids for the replacement of windows at the Mussleshell County Central Commons.

Lekse Construction- $5,880.00

Montana Made Projects- $6,800.00   Permit $272.00     additional window $1,000.00

Fawcett Construction – $8,383.00

Commissioner Borner made the motion to accept the lowest bid and address the additional window and forward to the Insurance Company for a supplemental claim based on the bids. Commissioner Berry seconded the motion. Motion carried.

Commissioner Berry made the motion to Sign Resolution 2018-25 Officially Adopting the FY2019 Musselshell County Budget that was adopted on October 1, 2018. Commissioner Borner seconded the motion.  Motion carried.

Commissioner Borner made the motion to sign the Encroachment Permit for Sec. 5, T-9-N, R-31-E for Bore crossing for a communication line on Adams Road submitted by Mid-Rivers Telephone Cooperative per Road and Bridge Supervisor Stockerts recommendation. Commissioner Berry seconded the motion. Motion carried.

Commissioner Borner made the motion to sign the Encroachment Permit for Sec.34, T-10-N, R-31-E for Bore crossing for a communication line on Adams Road submitted by Mid-Rivers Telephone Cooperative per Road and Bridge Supervisor Stockerts recommendation. Commissioner Berry seconded the motion. Motion carried.



County Attorney Peterson, Clerk & Recorder Tomassi, Adam Carlson and Walter Congdon (via telephone) met with the Commissioners. Mr. Congdon was selected by Mr. Peterson as council for the election recount.  The recount needs to have a reasonable schedule that needs to work for the candidates, Election Administrators and judges. The decision will be made by the election judges. There will be parameters set for the Election Administrator.  Ms. Tomassi said that the Yellowstone County Election Administrator offered to do it for her. Commissioner Borner asked if all elections judges are going to do it.  Mr. Congdon said there will be one batch of judges, 3 or 4.  Ms. Tomassi suggested getting judges from Yellowstone County? Ms. Tomassi does not know any judges from Yellowstone County she wanted to be on record.  It was suggested that if Yellowstone County doesn’t work to look at other Counties.

End of Business.

November Payroll = $124,843.70                                            Check # – 23452 – 23507

November Claims = $303,002.82                                            Check # – 64185 – 64323

Last modified: March 4, 2019

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