REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday March 29, 2022

          ALL PRESENT:  Commissioner Jones, Chair; Commissioners Ostlund and Pitman; Board Clerk Teri Reitz; Clerk and Recorder Jeff Martin.

          PLEDGE.

9:30 a.m. BID OPENING – Bid Opening for Public Works Bridge Deck Repairs 2021-2022 Bridge 28-30 & 04-25.  No bids were received.

9:30 a.m. PUBLIC HEARING – Public Hearing for the Northwestern Energy Floodplain Permit.  Ms. Jeana Lervick, Chief Deputy County Attorney, stated that this morning is the time and place set for a public hearing regarding the Northwestern Energy Floodplain Permit.  This process differs slightly than our normal public hearings that we have.  This is also an appeal of the floodplain permit.  Ms. Lervick explained the process.  Ms. Lervick stated that first Mr. Tim Miller, Floodplain Administrator will give an overview of why we are here taking about floodplain permit 22-01.  The floodplain permit was granted by the Public Works Department and Mr. Miller will talk about what the process was and why it was granted.  Permit 2201 was appealed within the appeal process timeline.  The appellant through their counsel will give a presentation up to thirty minutes to the Board.  They will talk about why they feel the granted permit should be overturned by the Board.  The permit applicant will give a presentation of up to thirty minutes and then we will have our usual public comment period in which all the usual rules will apply.  The permit applicant and appellant will give a brief wrap up after public comments are received.  Ms. Lervick also noted that this is an opportunity for you Commissioners to gather information and at any point and time feel free to ask any questions.  This is an interactive dialogue.  Mr. Tim Miller, Public Works Director went through the floodplain permit process.  Mr. Miller stated that the applicant applied for a floodplain permit.  Mr. Miller and Mr. Swenson, Floodplain Manager of the Public Works office reviewed the floodplain application, and it was complete and in compliance with the Yellowstone County Floodplain Regulations.  The permit was posted for the required notice of 15 days and letters to the adjoining property owners were mailed.  During the public notice period we received several comments voicing concerns of allowing the gas pipeline to be placed in the floodplain.  Mr. Miller noted that once the comment period was complete Mr. Swenson and I reviewed all the comments that were received.  During that review process there was no technical information pertaining to the floodplain regulations that would stop the issuance of a floodplain permit.  We also checked with the other governing entities listed on the joint application, Soil Conservation District, Fish Wildlife and Parks, Department of Natural Resources and Conservation, and the U.S. Army Corp of Engineers to see if they had issued their permit or sent confirmation that no permit was required for their agency.  Those agencies had either issued permits or no permits were required.  On February 15, 2022, Floodplain Permit 22-01 was issued with the following conditions 1.  That at the end of the project a letter signed by the project engineer stating that the project was completed as designed and all disturbed areas had been returned to preexisting conditions.  2.  That upon request Yellowstone County would be allowed to access 1344 Mollet Lane in COS 1677 to ensure floodplain regulations are being adhered to.  The permit was issued.  Commissioner Ostlund asked were the floodplain permit process stands with the Soil Conservations District, Fish Wildlife and Parks, Department of Natural Resources and Conservation and the U.S. Army Corp of Engineers.  Mr. Miller stated that the process is complete with those agencies.  Commissioner Ostlund asked if the State Land Board weighed in on this.  Mr. Miller stated that DNRC is part of that so there was an easement given to Northwestern Energy.  Commissioner Jones opened the Public Hearing.  The appellant’s attorney Ms. Jennie Harbine gave a thirty-minute presentation. Mr. Dwit Dominick, geologist gave a presentation.  Ms. Shannon Heim, Northwestern Energy’s Attorney gave a thirty-minute presentation.  Twenty-seven people spoke in opposition of the floodplain permit.  Five people spoke in favor of the floodplain permit.  Commissioner Jones closed the Public Hearing.  Commissioner Ostlund made a MOTION to deny the appeal because there was no technical information pertaining to the floodplain regulations that would stop the issuance of a floodplain permit, Commissioner Pitman seconded.  Passed Unanimous.       

PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS – Hearing no comments Commissioner Jones continued the Board Meeting.      

CLAIMS – Batches 22-144, 22-145, 22-146 and 22-147.  Commissioner Pitman made a MOTION to approve the Claims, Commissioner Ostlund seconded.  Passed Unanimous.

CONSENT AGENDA – 1.  COMMISSIONERS – A.)  Board Openings – Updated List.  B.)  Board Appointment – Zack Winchell to Laurel Fire District #7.  2.  FINANCE – A.)  MetraPark Contract with Con’eer Engineering, Inc. for Design & Consulting Services for MetraPark Indoor Air Quality and Air Handling Units Upgrade.  B.)  Request for Records Disposal.  C.)  Yellowstone County Detention Facility Grant Award for $50,000 from Montana Board of Crime Control.  D.)  MetraPark Contract with Hardy Construction for P.A. System Enclosures.  3.  PUBLIC WORKS – Contract with Riverside Contracting, Inc. for Public Works Asphalt Overlay Project III 2021-2022.  4.  HUMAN RESOURCES – A.)  PERSONNEL ACTION REPORTS – County Attorney – 1 Termination; MetraPark – 1 Salary & Other.  B.)  Request for Records Disposal (RM88). 

FILE ITEMS – 1.  AUDITOR – Payroll Audit March 1 to March 15, 2022.  2.  COMMISSIONERS – Yellowstone Boys and Girls Ranch County Water & Sewer District Appointment Letter.  3.  FACILITIES – Application to Use Courthouse Lawn.  4.  HUMAN RESOURCES – March 1 to March 15 Payroll Audit.  Commissioner Ostlund made a MOTION to approve the Consent Agenda and place the File Items to file, Commissioner Pitman seconded.  Passed Unanimous.   

PUBLIC COMMENTS ON COUNTY BUSINESS – Hearing no comments Commissioner Jones adjourned the meeting at 12:38 p.m.

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