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Commissioner’s Minutes March 4, 2019

March 13, 2019

March 4, 2019

The meeting was called to order at 9:00 by Commissioner Borner.  Commissioner Berry and Commissioner Carlson were not present.

Commissioner Borner signed a letter of support for a complete assessment of the Roundup Community Center from the Swimmers Forever.  (the Commissioners previously agreed to sponsor the project)

Approval of the Agenda, Minutes, Board information and some of the old business was done after the scheduled morning meetings were completed:

Commissioner Carlson made the motion to approve the agenda after Item #3 of the 3:00 business, to vote on hiring a MACo recommended Attorney to investigate Cameron Road was removed because there is no need to spend the public funds. Commissioner Borner seconded the motion. Motion carried.

Commissioner Borner made the motion to amend February 15, 2019 minutes. On February 25, 2019, Commissioner Berry wanted it put into the 15 minutes that “Commissioner Borner stated she was against the abatement, but she would testify to the Legislature based on the majority of the citizens wishes” Commissioner Borner wished that Commissioner Berry was here to discuss this but said that she said that she is against the Bill but not the abatement and would testify to the Legislature as to the needs of the County infrastructure. Commissioner Carlson made the motion to approve the minutes as amended.  Commissioner Borner seconded the motion.  Motion carried.

Commissioner Borner made the motion to approve the February 25, 2019 minutes with just some adjustments to the language.  Ms. Borner said that she had already sent the letter of clarification to the Chairman and to the Committee members regarding HB403. The full amount we pay to the Central Montana Health District is $15, 883.00 and she wanted to remove the part that she has spoken to MACo regarding a resolution regarding the investigation of Cameron Road. She did not.  It would not need to be in the form of a resolution.  Commissioner Carlson made the motion to approve the minutes as amended. Commissioner Borner seconded the motion.  Motion carried.

Commissioner Borner made the motion to approve the February 28, 2019 minutes with the addition that the amendments requested from Representative Zolnikov passed the Taxation Committee.  Commissioner Carlson approved the minutes as amended. Commissioner Borner seconded the motion.  Motion carried.

Commissioner Carlson said that he attended the Council on Aging Board meeting.  The Board elected new officers and wanted him to run the meeting but he refused.  Mr. Carlson explained that a County Commissioner is only there in an advisory capacity only. Lisa Laliberte was named President, Rose Martin was named Vice President and Pam Liggett was named Secretary. Commissioner Carlson was asked about a check for hail damage on the Ford van. Mr. Carlson said he would ask Accounting.  The Refuse Board meeting was cancelled due to the weather.


Commissioner Borner attended the Central Montana Health District meeting. MHC is in a state of flux and they think maybe if they partner with Rim Rock Health or with the MRM hub it will help, some members of the board think they will make it through.  Ms. Borner doesn’t care who covers it as long as our satellite office stays open. HB403, Commissioner Borner said a representative from this County reached out to Yellowstone County for a public meeting to vote on HB403, but Yellowstone County declined. Their reason was that they don’t want to tell us what to do and they don’t want us telling them what to do.  Commissioner Borner said she went to the Airport Board meeting even though she is not on the Board to be informed of what is going on at the Airport. They are moving on with the taxiway and runway projects. The Board hoped to some of the money from the FAA for a new hanger but were informed that the money can not be used for revenue infrastructure projects anymore.  Commissioner Borner told them that if they are wanting to build a hanger they need to come and sit down with the Commissioners at a budget session and try to figure out a plan.

Commissioner Carlson said that they need to do the next step for the flood Plain violation that was issued a few years ago. Tracy Spears the DNRC Flood Plain Coordinator said that since it has not been addressed it puts the community at risk, if it makes it way to FEMA they may suspend or pull out of the program and we would lose funding. If that happens, Musselshell County will not be able to receive any more funding because we will not be in compliance. It might also affect County residents with their mortgages. The Commissioner’s need to meet with the County Attorney to see what he is going to do about the violation.

Maintenance Supervisor Jett gave her weekly report.  Ms. Jett will call about another bid for heat in the Courtroom. With the building sinking on the south end the Clerk & Recorders Office is having a hard time getting the vault door open in the morning.  It may need sanded or filed. McCleary’s Distribution check the propane lines at the Musselshell County Central Commons and there were no leaks found. Commissioner Borner said that they are meeting with Collaborative Designs Architects Monday March 11, 2019 to look over and discuss structural issues. Ms. Jett told Commissioner Borner that Scott Goffena had done some snow removal at the County Complex and the employee’s there would like the whole lot plowed.  Commissioner Borner will call Mr. Goffena to see how much that would cost the County.

Director of Technology Toombs met with Commissioner Borner to discuss the preservation of the Commissioners meetings video and audio minutes.  The written minutes would be the Official minutes but the video would be for transparency. It would not be streaming live, just preserved and the County could possibly put it on YouTube. Mr. Toombs said it could just be extracted to a DVD.

Road and Bridge Supervisor Stockert and Secretary Kenner gave their weekly report. Mr. Stockert said that he sent the Engineering report from Roundup Reach to Melinda Goodwin with FEMA. Ms. Goodwin needed clarification on what project they are going to do.  Commissioner Borner told Mr. Stockert of the concern of the Amish Community regarding the relocation of #4 Road.  If the road is relocated, they would like to still be able to use the old road with their buggies.  Mr. Stockert said that is a concern that had not been thought about. (Commissioner Carlson entered the meeting) They will plan a meeting with all parties involved to try to find a solution. (Sheriff Lesnik joined the meeting) Mr. Lesnik said that there is a real concern about the ice. Flooding is going to happen.  Messages are going out to warn residents about flooding. Commissioner Carlson said they will also discuss it a the LEPC Meeting and have a game plan.  Mr. Stockert said that the plows are breaking down because of the cold weather.  Commissioner Borner said that they really need to look into a building to house the equipment in these temperatures. Mr. Stockert said that they need to figure out what is next about roads that have been maintained for years.  They will look into it.  They talked about leasing the County East Site for pasture.  Mr. Stockert said he thinks the animals would be a problem when they go in for gravel.  Putting up fences and maintenance will be the responsibility of the lessor. Commissioner Borner will call the interested party and let them know of the concerns the County has.

Sheriff Lesnik gave his weekly report to the Commissioners.  Accounting Supervisor Angel was present.  The Commissioner’s told Ms. Angel about the idea of doing claims more frequently to avoid late fees. Ms. Angel said that she does not have a problem with it.  How often has not been determined yet but the claims would need to be in on the Thursday before the Monday Commissioner meeting so they can sign the claim. Sheriff Lesnik told the Commissioners that he is going to keep talking about employee retention.  We really need to work on keeping officers. A lot of Counties are hiring, Billings is hiring 60. Commissioner Borner asked Mr. Lesnik to get some bids for hail damage. Commissioner Carlson asked if they would need to get someone to remove some of the snow around the jail. Mr. Lesnik said that he talked to the HWY Department and they are going to scoop it out.  Mr. Lesnik had a personnel/personal issue.

Accounting Supervisor Angel is continuing to work on grants.  We have received $547000.00 from FEMA so far for the buyouts. Commissioner Borner said that the Extension Office needs submitted again to insurance.  The roof is leaking pretty badly.  Ms. Angel will call the insurance company.  Ms. Borner also mentioned that they may need to look into a CDBG grant for planning for a new Extension Office.

DES Coordinator gave his weekly report to the Commissioners.  Monday March 11,2019 at 3:30 Commissioner Borner and Mr. Fisher will sign papers for the next 7 purchases of FEMA buyout property.  Scott Graham with the DEQ sent word that we were awarded $15,000.00 from the Fish Wildlife and Parks Grant for the Community Pond match.  Mr. Fisher told the Commissioners that the Public Meeting notice for the new State Burn Permit system was put in the paper for March 11 & 18, 2019 at 11:00. Mr. Fisher will tell City Council about it at the next meeting.  The new system is not a revenue inducing procedure.

Ambulance Director Solberg met with the Commissioners with a personnel issue.

Amy Angel met with the Commissioners with a personnel issue.


Public Comment:

Present were Dave Liggett and Edith Sloan.

No public comment.

Item #1 to discuss and vote on hiring an Engineering firm for Central Common’s structural issues was tabled until after the March 11, 2019 meeting with Collaborative Design.  Item #2 to discuss and sign the Oil & Gas Lease for 189 Energy Group, LLC for various properties in Musselshell County was tabled until after review by the County Attorney.  Item #5 to discuss and vote on having MACo provide training regarding the proper and professional way to treat County Officials and employees was tabled until more information can be gathered.


Commissioner Borner made the motion to discuss and vote on the Musselshell County Commissioner’s preserving the audio and recorded meetings for availability to the public. Commissioner Carlson seconded. Discussion:   Ms. Borner said that she has talked to Director of Technology Toombs about preservation and he said that it would not be difficult to pull and preserve the meetings.  These would not be the Official Minutes.  Commissioner Carlson made the motion to approve the preservation of minutes for transparency.  Commissioner Borner seconded.  Motion carried.


Dave Liggett asked why there is no longer a regular time for the County Attorney to meet with the Commissioners.  Commissioner Borner said that he removed it from the agenda.


Ms. Sloan said that it is amazing how much you can learn just listening to the County Commissioners.



Meeting Closed.







Last modified: July 30, 2019

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