REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Friday February 24, 2023

ALL PRESENT:  Commissioner Ostlund, Chair; Commissioner Morse; Board Clerk Teri Reitz.

          PLEDGE:  MOMENT OF SILENCE, Held.

MINUTES – January 17, 2023, January 24, 2023, January 31, 2023, February 7, 2023, and February 14, 2023.  Commissioner Morse made a MOTION to approve the Minutes, Commissioner Ostlund seconded.  Passed Unanimous.

9:30 a.m. PUBLIC HEARING – First Public Hearing for Resolution 23-14 to Adopt Ordinance to Limit Traffic on Elk River Road to Local Traffic – No Action Required Today – Second Public Hearing Scheduled for Tuesday March 7, 2023, at 9:30 a.m. in Room 3108.  Commissioner Ostlund noted that 1 Letter was received in favor of the ordinance and 10 letters were received opposing the ordinance.  Mr. Tim Miller, Director of Public Works stated the County is responsible for the road.  Most of the land that abuts Elk River Road is used for residential purposes.  In 2022, the County received complaints of heavy commercial traffic on the road. The normal use of the road is for local, residential use. The road was not designed with both commercial and residential use in mind. The normal and safe use of the road is incompatible with both residential and heavy commercial use. Heavy commercial use on the road is a safety hazard. The proximity of the commercial traffic to the residents can cause collisions between pedestrians, such as local children, and the commercial users. The volume of traffic on the road greatly increases this risk. The heavy commercial use has a negative impact on the road. The deleterious effect on the road caused by the unforeseen use creates a safety hazard for users. It seems that most of the land west of the road is used for commercial purposes.  The businesses that own the land to the west of the road are using the road to access their land.  The road is only a gravel road. It was not designed or constructed to accommodate the volume of traffic from the commercial entities located west of the road. Because the road was not designed or constructed to accommodate the volume of traffic, it is neither normal or safe to allow the road to be used for both local and commercial use. Until the County can pave the road to accommodate the volume of traffic from the commercial entities to the west, it intends to limit the traffic on the road to local traffic.  Attached is a map that indicates where the road will be limited to local traffic.  Local traffic being the traffic created by the land that abuts the road.  The roads to the west of the road are paved roads.  The roads to the west of the road as paved roads are better able to accommodate the volume of traffic generated by the businesses.  The businesses have a viable alternative to access their land.  Commissioner Ostlund opened the Public Hearing.  Two people spoke in opposition of the proposed ordinance.   One person stated he does not pay into the RSID but is a benefitted property and would willing to pay into the RSID to help maintain the road.  Mr. Justin Harkins, Attorney for Crowley Fleck and council for the citizens that are opposing the ordinance gave some comments.  Commissioner Ostlund closed the Public Hearing.  Commissioner Ostlund stated that a second Public Hearing will be held.  Commissioner Ostlund stated he drove the whole area and stated that a local traffic ordinance does not apply in this case.  The reasons why are because the subdivisions that were built after Elk River Subdivision and paved need Elk River Road as a second access.  It was formerly approved by the Board as a second access.  However, everyone likes to see a fair application of the laws and rules.  Right now, I do see some rub on a portion of the people in the Elk River Subdivision because they are funding all the road maintenance that everyone uses.  I do see a couple of options for this board to use to come up with a solution.  Commissioner Ostlund is asking for the residents help to figure out which solution would be best.  Commissioner Ostlund stated that this board can expand any RSID, there are waivers of right to protest on all the properties in all these subdivisions.  The expansion would be to include all the benefitted properties.  Quite honestly both subdivisions that are adjacent to Elk River Road are benefitted.  The two options that exist for the Board, I don’t believe that limiting the road to local traffic is not one of them.  Option one is to expand the Elk River Subdivision to include both other subdivisions that access that road and charge for the maintenance on that road.  Option two, which I think is a much better option, and I would like you to get together and talk about, is to create a construction RSID and pave Elk River Road, the county won’t pave it.  A new construction RSID would pave that section of Elk River Road and we would dissolve all three of the RSID’s that exist now and consolidate those into one RSID, everyone would pay an equal amount to maintain all the paved roads in that district.  Commissioner Ostlund asked for any volunteers to sit down and talk to someone on the Elk River side and maybe come back on March 7, 2023, with a recommendation to the board?  Bryce Kirschenmann and Tim Mann stated that they would be willing to have a meeting.  Commissioner Ostlund asked them if that seemed like a reasonable solution.  Mr. Mann stated that it is something they could talk about.  Mr. Kirschenmann stated that in 2016 he attended a commissioner’s meeting and tried to get added to the RSID and was told it is to much work to add that property that year.  Commissioner Ostlund stated he has no interest in passing an ordinance because it would unenforceable.  Commissioner Ostlund and Tim Miller stated that they would attend the neighborhood meeting.  No action is required today.  The next Public Hearing will be held on Tuesday March 7, 2023.    

PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS –

Hearing no comments Commissioner Ostlund continued the Board Meeting.

CLAIMS – Batches 23-116, 23-117, 23-118, 23-119 & 23-120.  Commissioner Morse made a MOTION to approve the Claims, Commissioner Ostlund seconded.  Passed Unanimous.

CONSENT AGENDA – 1.  CLERK AND RECORDER – A.)  Agricultural Covenant, Tract 11-A-2 of Amended Tract 11-A of Remainder Tract 11, Certificate of Survey 836.  B.)  Unnumbered COS Located in Section 3, Township 1 South, Range 25 East.  C.)  Plat of Deadwood Subdivision.  2.  COMMISSIONERS – A.)  Board Appointment – Jason Wood to Bicycle and Pedestrian Advisory Board.  B.)  Board Reappointments – Joh Heiken to Broadview Fire District #3 Board/ Nick Pancheau & Woody Woods to Lockwood TEDD.  C.)  Board Openings – Updated List.  3.  COUNTY ATTORNEY – MOU w/Yellowstone Valley Children’s Advocacy Center.  4.  EMERGENCY AND GENERAL SERVICES – A.)  State Homeland Security Program (SHSP) Grant Application.  B.)  Emergency Watershed Protection Grant Sponsor Agreement Documentation.  5.  FINANCE – A.)  RM88 on Prisoner Medical and Boarding Receipts/Bills from 1998-2012.  B.)  MetraPark Contract with SpotOn Transact, LLC for Point of Sales System.  C.)  Facilities Contract with Allied Controls & Mechanical for Courthouse & YCDF Temperature Controls.  D.)  Supplemental Contract with Sanderson for Lockwood Pedestrian Safety District and the Community Development Block Grant.  E.)  Metra Contract with TW Clark+Ridley for NILE Building Door Replacement.  F.)  MT DPHHS Grant with DUI Task Force for Symposium.  6.  METRAPARK – A.)  MOU with Metra GM Covering Blues Fest Activities.  B.)  Blues Fest Contract – 2023.  7.  PUBLIC WORKS – A.)  MOA with MDT for the Maintenance of Safety Improvements for County Intersections.  B.)  Recommendation of Award to Knife River – Billings for Public Works Asphalt Overlay Project II Road 5 North and Road 8 North.  8.  SHERIFF – A.)  Three (3) Year Subscription Agreement for I Am Responding Software.  B.)  CCSIU Agreement for Period 1/1/23 through 12/31/23.  9.  HUMAN RESOURCES – A.)  Schedule of Benefits Amendments.  B.)  PERSONNEL ACTION REPORTS – District Court – 3 Appointments, 1 Salary & Other; County Attorney – 1 Appointment, 1 Salary & Other, 1 Termination; Sheriff’s Office – 1 Salary & Other, 1 Termination; Detention Facility – 3 Appointments, 1 Salary & Other, 1 Termination.

FILE ITEMS – 1.  CLERK AND RECORDER – A.)  Board Minutes – Park Board.  B.)  Board Minutes – DUI Task Force.  C.)  Board Minutes – County Water District of Billings Heights – December 2022 and January 2023.  2.  COMMISSIONERS – A.)  Bridge and Road Safety and Accountability Program (BaRSAA) Fuel Tax Allocation.  B.)  Support Letters – Montana Rescue Mission.  C.)  Support Letter – CDBG Planning Grant.  3.  COUNTY ATTORNEY – Release and Settlement of All Claims.  4.  EMERGENCY AND GENERAL SERVICES – EMPG – FY22-23 Quarter 2 Reimbursement Request Submitted.  5.  FINANCE – MBCC YSC Visiting Modifications Grant 21-CV01-92776 Grant Closure Notice.  6.  JUSTICE COURT – Justice Court Pro-Tem Judge List 2022.  7.  TREASURER – Treasurer’s Disbursements and Checks for January 2023.  Commissioner Morse made a MOTION to approve the Consent Agenda and place the File Items to file, Commissioner Ostlund seconded.  Passed Unanimous.

PUBLIC COMMENTS ON COUNTY BUSINESS – Hearing no comments Commissioner Ostlund adjourned the meeting at 9:55 a.m.

APPROVE ATTEST

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