April 20, 2020
The meeting was called to order at 8:30 by Commissioner Borner. Commissioner Carlson was present.
Pledge of Allegiance.
Commissioner Carlson made the motion to approve the agenda after adding to sign the Transfer of Funds Agreement for the MFLAP (Montana Federal Lands Access Program) and the MFLAP project Memorandum of Agreement for the Musselshell Road Department. Commissioner Borner seconded the motion. Motion carried.
Commissioner Carlson made the motion to approve the minutes after it was clarified that County Fire Chief Mihalovich designated Justin Russell as Fire Warden and Fire Investigator. Commissioner Borner seconded the motion. Motion carried.
There were no board meetings. Commissioner Carlson is going to see if the Refuse Board would like to do a “go to meeting” on April 28, 2020.
Commissioner Borner had a phone conference with Snowy Mountain Development corporation but there was nothing new to report. Commissioner Borner visited with MACo about a letter from County Attorney Peterson regarding the District 2 Commissioner vacancy process, verification of the 3 people chosen by the Musselshell County Republican Central Committee for the interim replacement of District 2 Commissioner. (there was no contact information for the 3 people given to the County in the letter received by the Republican Central Committee.) The Commissioners will vote on signing a letter to the Attorney General for a higher legal opinion on guidance in the replacement issue at the 3:00 business.
Sheriff Lesnik gave his weekly report to the Commissioners. Everything is quiet at this time.
Road and Bridge Supervisor Stockert gave his weekly report to the Commissioners. Secretary Kenner was absent. There was a personnel issue discussed. Mr. Stockert gave the Commissioners copies of the Memorandum of Understanding and Transfer of Funds claim for MFLAP. The Commissioners were given a copy of the letter from the City regarding the #4Road “emergency only” construction project. They will be working on a “cultural resource inventory” for the Alan Goffena gravel pit site. There may be some utility difficulties with the Goffena Bridge project. The Commissioners are going to be sending Swimley Law some maps of the project for legal counsel regarding the bridge project. Mr. Stocker showed the Commissioners his ideas for a detour for the Farrel Street Bridge project. All blades are out working on roads this week.
DES Coordinator Harper and Justin Russell gave their weekly report to the Commissioners. Mr. Russell was officially sworn in as the Musselshell County Fire Warden and Fire Investigator this morning. The Commissioners were given the EMPG Time Certification Form to sign for Mr. Russell. The 4H Road work extension has been approved. There are no new COVID-19 updates for Musselshell County at this time. Mr. Harper gave the Commissioners Resolution 2020-12 amending Resolution 2020-7 regarding the open burn permits time length to review and sign at today’s 3:00 business.
Clerk & Recorder Tomassi met with the Commissioners regarding the Tax Appeal Board and Preliminary Budgets.
Mark Qualman and Casey Stone from Stone Construction met with the Commissioners regarding the work that has been done at the Extension Office and work to be done at the Fairgrounds. The fairground work should be done in the next 2 weeks and Mr. Qualman will be doing a change of scope order to clarify there will be no charge for electric work done because they changed out the dry rotted wood. Mr. Stone left the meeting. Mr. Qualman will contact Empire regarding replacing the Musselshell Central Commons roof that was part of the hail damage insurance claim.
There was no public comment.
Road and Bridge Supervisor Stockert was present and submitted a bridge inventory to the Commissioners.
Commissioner Carlson made the motion to vote on selecting Braun Intertec to do testing for the Airport pavement rehab project. Commissioner Borner seconded the motion. Motion carried.
Commissioner Carlson made the motion to sign Resolution 2020-12 amending Resolution 2020-7 Describing the County Wide Open Burning Permit. Commissioner Borner seconded the motion. Motion carried. Commissioner Borner said the amendment changes the length of the permit from 2 years to 1 year.
Clerk & Recorder Tomassi joined the meeting.
Commissioner Borner said that after today’s e-mails from County Attorney Peterson and conversations with MACo, the item to discuss and send letter to the Attorney General on the District 2 Vacancy Replacement Process will be removed from the agenda.
Commissioner Borner and Commissioner Carlson said as a board, they do not care about placing someone in the position but they want it to be done correctly and they believe the legislature did not intend for the Commission seat to sit vacant for 10 months. They regret the confusion that has been created because they were not given clear guidance a month ago by the County Attorney of his opinion. The larger issue will have to be addressed and settled by legislature.
The Commissioners will send a letter to the MCRCC letting them know they will not be moving forward with the interview process per the County Attorney’s opinion and they will need to inform their nominees. Clerk & Recorder Tomassi will send a letter to the MCRCC advising them they need to select a candidate for the General Election. Ms. Tomassi told the Commissioners that she does not want the County Attorney to write the letter to the MCRCC because he is always abusive, hostile and degrading in regards to anything that involves her and it is unnecessary. Commissioner Borner said for the record, she is sorry that Ms. Tomassi is being treated that way.
Commissioner Carlson made the motion to sign the Transfer of Funds Agreement for the MFLAP Grant for the County match and the Memorandum of Agreement for the MFLAP Grant. Commissioner Borner seconded the motion. Motion carried.
The County Attorney did not attend the 4:00 requested meeting with the Commissioners.
There being no further business the motion was made to adjourn. Motion carried.
On Thursday April 16, 2020 the Commissioners did claims.
Last modified: April 30, 2020
