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Commissioner minutes May 30, 2017

July 6, 2017

May 30, 2017

The meeting was called to order at 9:30 by Commissioner Goffena. Commissioner Borner and Berry were present. Secretary Hagstrom was not present. Minutes were taken by Commissioner Borner and 3:00 business was done by Clerk & Recorder Tomassi.

The minutes from the May 22, 2017 meeting were reviewed and approved by all Commissioners.

Sheriff Thomas and Under Sheriff Lesnik gave their weekly report to the Commissioners. Mr. Lesnik wanted to know what DES Coordinator Carlson was talking about with Hazard and Hostage Training. It was explained that Mr. Carlson was talking about the FEMA buyout match. Under Sheriff Lesnik informed the Commissioners that he is working on contacting heirs to a property regarding 40 plus wild horses that are running wild. There are at least 10 studs. Also someone wants to bring in 30 Mexican Fighting Bulls. The State Board Inspector will be visiting to ensure laws and regulations are being followed.

Amy Angel with Accounting met with the Commissioners to inform them that she spoke with Mike Ruggles from Fish Wildlife & Parks and Sterling Sunheim out of Lewistown regarding the big Pre Disaster Mitigation Program. Mr. Sunheim is the head of Engineering for DNRC. Ms. Angel said that DES Coordinator Carlson hadn’t spoken to DNRC and that they had issues working with Fish Wildlife & Parks. Commissioner Goffena talked about water rights and permits. He expressed his concern that Mr. Carlson has not applied for permits needed to obtain a water right that is needed for the project. The Commissioners discussed setting up a meeting with DNRC & Fish Wildlife & Parks to become better informed of the permits & process. Commissioner Borner asked Ms. Angel if she had gone through KLJ’s final invoices. Ms. Angel said she had gone through some but would go through the rest tomorrow, May 31, 2017. Claims are on Wednesday June 7th 2017 instead of June 6, 2017.

DES Coordinator Carlson gave his weekly report. Amy Angel, Bev Eiselein, Bill Milton and Theresa Doumitt were present. Mr. Carlson met with Jay Eliasson regarding electric at the farigrounds to get the project completed and closed. The VFA Grant ( Volunteer Firefighter Association ) and Historical Flood Grants were showed to the Commissioners. There is no County match money needed for the Historical Flood Grant. The County will only have to have a public meeting acknowledging the awarding of the grant and installation of the signs. Mr. Carlson told the Commissioners and Ms. Angel that he needed the finalized audit for his EMPG (emergency management performance grant) that funds 50% of his position. That includes salary, travel and office equipment. Ms. Angel said she would get the finalized audit to him. Mr. Carlson is working on Memorandums of Understanding for the Pre Disaster Mitigation Program and the draft acquisition guidelines. Mr. Carlson asked the Commissioners if they wanted to rescind the offer to Mrs. Eiselein and wait for a 3rd appraisal. They will wait for a 3rd appraisal. Zinvest rejected the County’s formal offer of $30,000.00 on their property. Mr. Carlson discussed training appointments for respiratory preparedness and managing public information. Mr. Carlson asked if his grievance claims had been addressed. Commissioner Goffena said they had talked to the County Attorney who said they needed to be filled out correctly.

Public Comment:

Theresa Doumitt, Erin Janoso, Bill Milton, Kathy Pfister, Marcia McCleary and Linda Picchioni were present.

Ms. Doumitt presented the Commissioners with a sheet that she typed up with the information gathered from the May 23, 2017 meeting the Montana State FEMA Coordinator.

Information gathered from 5-23-17 meeting with Montana State FEMA Coordinator:
There are 3 grants in play:
One grant for the Riverside property which is awarded, the landowner is paid and the project is mostly done except for the clean-up. The County has been eligible for payment of grant funds since the closing date for the purchase was set.
2) One for the Eiselein property which is granted and not yet paid. County is eligible for payment as soon as a closing date is set.
3) And the 3rd grant that is a large buyout grant that includes 41 properties in the floodplains. This grant has been pre-awarded, but not officially awarded, so is still in planning stages.
With the Riverside property the County used Comparative Market Analysis to determine the value and paid the landowners from the guidelines and budget detailed in the grant application. The appraisal that was done was agreeable to both parties to determine final purchase price. With Bev Eiselein’s property the County has an offer on the table that does not follow grant guidelines and if they proceed as proposed, then they will be placed in High Risk status with the federal government.
· If the County maintains its current Low Risk status, then they are eligible for payment of grant funds at the time that the closing date is set. To maintain Low Risk status, the FEMA Coordinator reminded the County of her past advice: to have the appraiser (who did the first appraisal incorrectly) redo his work and include the 2nd bathroom, outbuilding, and extra square footage (previously excluded). Once this is complete, then the parties can use the two appraisals to negotiate a purchase price.
· If the County does not follow grant guidelines, then they will fall into High Risk status and will no longer be eligible for advanced payment of grant funds. They will have to incur the debt to purchase properties and then request reimbursement.
Whatever funds the County does not pay Bev Eiselein or spend on clean-up will go back to the FEMA. FEMA does not want the money back, because it is damaging to their next year’s budget.
As with the Riverside property, the County used the Comparative Market Analysis to determine the value of the Eiselein’s property for the grant application. The FEMA Coordinator agreed that since there is not acquisition policy in place, for fairness, the open grant with Bev Eiselein could be handled the same way the County completed the grant with the Riverside Property. Once the two open grants are completed, then the County could decide on an official acquisition policy for all future grants including the large pending grant.
· The County and the City do not have a Property Acquisition procedure in place and both need one. This is a policy defining how they will determine value of a property that they plan on purchasing. Adam Carlson has a draft acquisition policy prepared which the state has used as a model for other communities.
· Actual Grant Budget for Eiselein Property:
$197,691.32 – Total Project Costs
– 19,769.14 – Musselshell County (in-kind match – MOU’s are being acquired)
$177,922.18 – PDM Funding for purchase of property and clean-up
How much is the complete clean-up and can we get quotes in writing for cleaning up the septic tank and foundation?
Thank you to all the Commissioners for attending this meeting and gathering more information to protect our citizens from future disaster, diversify our economy, and protect the County from future liability and recovery costs

Commissioner Berry said that our DES Coordinator is the one not following guidelines. The appraisal for the Riverside property was done by Barta Appraisal Service not by the Comparative Market Analysis.
Commissioner Goffena and Commissioner Berry both said they are willing to give the extra Federal Government money back.
Mr. Milton said that we all want the outcome of this grant to go through and Ms. Eiselein gets her money and then the County can do their Acquisition Policy and put it in place for future grants.
Commissioner Borner explained the standard appraisal procedure. $177,000.00 is the limit of the total grant on the Eiselein property.
Mr. Milton asked if the taxable value x 135% would equal approximately $97,000.00 would Ms. Eiselein need to apply for the other $31,000.00?
Ms. Pfister wanted to know what part of the investment Ms. Eiselein is going to be contributing? Is there any money that the landowner needs to put up?
Commissioner Berry said that we will be putting in the Acquisition Policy that the landowner provide in kind match, if needed to complete the acquisition.
Mr. Barta is going to do a re-look at the Eiselein property because the first one was not accurate. Right now there is a $140,000.00 offer on the table until June 5, 2017. Until we get Mr. Barta’s re-look information, the offer of $140,000.00 still sits.
Ms. Picchioni asked the Commissioners to please wait and do the property acquisition policy procedure after Ms. Eiseleins property is re-looked at. We all know there will be another flood in the future. We need to get the owners out of the flood zone. Mussleshell County and the citizens are fortunate to have the FEMA Buyout Program at this time.
Commissioner Goffena reminded everyone that the County can drop out of the program at any time.
Commissioner Berry said that the County needs to get the Acquisition Policy in place as soon as possible.
Ms. Doumitt was concerned that if the County drops the program then the County would be held liable for the properties if another flood happens.
Commissioner Goffena explained that the County would only be held liable if it is proven that the County did not offer the land owner what the property is worth.
Commissioner Berry asked the people to think about the up keep of the “green Space” The tax payers are going to end up paying for the maintenance of the pond, walking paths , mowing, weeds, etc. etc.
Mr. Milton said that in the past grants were received for the walking trails at the fairgrounds. How about getting more?
Commissioner Goffena said that not every land owner is going to sell. In order to make the pond and other things we need letters of cooperation from agencies like Fish & Wildlife, DNRC etc. DES has not gotten any of these letters of cooperation as of yet.
Ms. Doumitt said that our community needs to be diversified so that we are not dependent on coal proceeds money.
Mr. Milton said the community needs to collaborate on this to support the economy.
Commissioner Borner made the motion to approve and sign the Encroachment Application for Section 25, Township 8 North, Range 26 East W. Parrot Creek Road submitted by Dr. Don Preston, with the approval of Road and Bridge Supervisor Stockert. Commissioner Berry seconded the motion. Motion carried.
Commissioner Berry made the motion to approve, Ryan Stahl-Roundup Rodeo Committee, Lyn Ohl- Brothers in Arms, and Jay Pelan- 4-H (only wants a 1(one) year term) for the Fair Board. There were offers from Jeremy Erickson for The Chamber of Commerce, Standford Pisle and Shelley Halvorson for “At Large” that were not approved. Commissioner Goffena seconded the motion. Discussion. Commissioner Berry suggested getting resumes and background checks for people whom are interested in the At Large positions. This way they can make an informed decision. Commissioner Borner disagreed with the idea of resumes because it is so difficult to get people to run for boards in the County. Commissioner Borner said that the motion that was not passed was not clear. Commissioner Berry said that they want resumes for Mr. Pisle, Ms. Halvorson and Mr. Erickson. Commissioner Borner made the motion to approve Mr. Erickson without a resume since he represents the Chamber of Commerce. Commissioner Goffena seconded the motion. Motion carried. Commissioner Berry voted nay. Commissioner Goffena suggested that they will have to stagger the years of the terms. Commissioner Borner suggested to decide on that when they pick the At Larger member. Commissioner Goffena suggested that for the years of term they put the years of terms in a hat and draw. Commissioner Borner second the motion. Motion carried.
Commissioner Berry made the motion to approve the County offer of $25,000.00 towards the Physical Therapy Room at the Roundup Memorial Hospital only with a $25,000.00 match from the Community. Commissioner Goffena second the motion. Discussion: Commissioner Berry said how important the support of the Hospital is. The Community needs to help with the money. The Physical Therapist will bring a lot of revenue to the Hospital. Theresa Doumitt explained where the building would be and told the Commission that the City Council will be discussing the zoning of the property at their Tuesday meeting. The Hospital will need a variance from the City Council. Commissioner Borner asked about the revenue that the PT is currently bringing in. Ms. Doumit will send a printout of what the current revenue is and what the future outlook will be. ( Available for public review at the Clerk and Recorders Office). Commissioner Goffena mention the CBDG Loan that the County had given to the Hospital that the Hospital Attorney says is approved for loan forgiveness but the County Attorney says is not approved. Commissioner Berry says they can’t hold the Hospital up because of the CBDG Loan. Commissioner Borner wants to know what happens if the Community falls short of their half of the $25,000.00 match? Commissioner Berry said that however much money the Community comes up with the County will match. Commissioner Borner suggested not making a decision or do and amendment to Commissioner Berry motion until we receive more information on cost and future revenue. Commissioner Berry withdrew his motion.
Commissioner Borner made the motion to sign the Request for Transfer of Non-primary Entitlements for transferring NPE funds from Roundup Municipal Airport to Ekalaka Airport. Submitted by KLJ. Commissioner Berry second the motion. Motion carried.
Commissioner Berry made the motion to make a County Policy that all FEMA Buyouts go by the County Tax Market Value at Cost Plus 35% or 135%. Commissioner Borner seconded the motion. Discussion: Commissioner Berry said how the County needs a policy in place so that we do not get into a high-risk level. Commissioner Borner wants to call Nadene Wadsworth with FEMA to make sure how the County writes up the policy and numbers from Amy Angel in accounting. Commissioner Goffena said that Ms. Angel thinks that all hard costs not paid by soft match should be paid by the homeowner. Commissioner Borner thinks that they are “jumping the gun” a little and would like to go through different methodologies with Accounting first. Commissioner Goffena and Berry Yay. Commissioner Borner Nay.
Commissioner Berry made the motion to approve the Encroachment Permit for Section 22, Township 6 North, Range 26 East, Old Divide Road submitted by Gilbert Majerus. Commissioner Borner seconded the motion. Motion carried.
There being no further business the motion was made to adjourn. Motion carried.

Last modified: December 13, 2017

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