REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday June 13, 2023

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

          PLEDGE:  MOMENT OF SILENCE, Held.

MINUTES – May 16, 2023, and May 23, 2023.   Commissioner Morse made a MOTION to approve the Minutes, Commissioner Jones seconded.  Passed Unanimous.

9:30 a.m. PUBLIC HEARING – Resolution 23-72 to Expand RSID 846M – To Maintain Parks in Skycrest Estates and O’Donnell Park.  Mr. Tim Miller, Public Works Director stated Yellowstone County recently received a petition to expand RSID 846M for the maintenance of parks in the area of Skycrest Drive and O’Donnell Lane.  O’Donnell Park was created with Certificate of Survey (COS) 1233 in 1973, while the parks in Skycrest Subdivision were created in the subdivision process in 2018.  The Skycrest subdivision has a Homeowners Association (HOA) that has collected funds and purchased park equipment and would like to place said equipment in O’Donnell Park.  Members of the HOA sought participation funding from the Yellowstone County Park Board and received $5,000.  Skycrest park HOA would like to make other improvements to O’Donnell Park, and any improvements would require maintenance, typically done through a park maintenance RSID.   Therefore, they have petitioned the County to expand the existing park maintenance RSID known as Skycrest RSID 846M.  They plan to use the maintenance RSID to make improvements to O’Donnell Park and then fund the maintenance of the 2 existing parks in Skycrest and the O’Donnell Park through the assessment to properties in Skycrest subdivision and the properties in COS123.  The annual cost per parcel will be $135.00 for the maintenance RSID 846M in perpetuity.  Commissioner Ostlund noted that 18 protest letters have been received and 1 letter in favor of the proposed RSID.  Commissioner Ostlund opened the Public Hearing.  Two people spoke in favor of the proposed RSID.  Two people spoke opposed to the proposed RSID.  Hearing no other comments Commissioner Ostlund closed the Public Hearing.  Commissioner Ostlund asked Chief Deputy County Attorney Steve Williams to come to the microphone to answer some questions.  Commissioner Ostlund stated that the law requires benefited parcels to pay, so in this particular case if the board granted the expansion request would there be a way to exclude the residents from O’Donnell Subdivision??  Mr. Steve Williams, Chief Deputy County Attorney stated that there is now way to exclude because all of the benefitted parcels need to be included in the RSID because of the location of O’Donnell Subdivision is a benefitted subdivision.  Commissioner Ostlund then asked if the residents of O’Donnell Subdivision did not object and if there was not an RSID expansion could the members of Skycrest help develop the park with the funds that they have without any formal process?  Mr. Williams stated he believed they would be able to do that.  Commissioner Ostlund allowed one more person in favor of the expansion to speak.  Commissioner Ostlund made a MOTION to reject Resolution 23-72 to Expand RSID 846M, Commissioner Jones seconded.  Commissioner Ostlund stated this motion is to reject the resolution so that O’Donnell subdivision does not have to participate, on the other hand if the residents don’t object, and the residents of Skycrest want and are willing to pay to develop O’Donnell Park using HOA funds I think that is something that can be worked out between the residents.  Commissioner Jones stated O’Donnell subdivision does have access to the park and are benefitted.  Motion passed unanimously to reject the resolution.

PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS – Hearing no Public Comments Commissioner Ostlund continued the Board Meeting.

METRAPARK – A.)  Event Schedule.  B.)  Ticket Report.  Mr. Tim Goodridge, Interim General Manager stated that they are working on the Fair Experience.  Mr. Goodridge noted that Metra is working on sunshades for Montana Fair.  Dig It Days will be back as well as the Draft Horses. 

COMMISSIONERS – A.)  SAC Contract(s).  Commissioner Morse made a MOTION to approve the SAC Contract (s), Commissioner Jones seconded.  Passed Unanimous.  B.)  Resolution 23-71 Changing the BOCC meeting from Tuesday June 20, 2023, to Monday June 19, 2023 @ 9:30 a.m. in Room 3108.  Commissioner Morse made a MOTION to approve Resolution 23-71, Commissioner Jones seconded.  Passed Unanimous. 

PLANNING DEPARTMENT – Highlands Ranch Subdivision, 2^nd Filing – Preliminary Major Plat.  Mr. Dave Green, Planner stated the subject property is generally locate on the South of Highlands Ranch Road, southeast of Shorey Road and east of Molt Road.  Mr. Green went through the proposed conditions.  Mr. Green changed condition #2 by taking out the parkland dedication language.  Condition #2 will be as follows:  To provide for the correct amount of cash in lieu contribution, prior to final plat approval, the applicant will follow Section 10.6 Determining Cash Contributions for Parkland, for the correct amount to be paid to Yellowstone County parks department.  Commissioner Jones made a MOTION to conditionally approve Highlands Ranch Subdivision, 2^nd Filing – Preliminary Major Plat with the corrected conditions, SIA and the Findings of Fact, Commissioner Morse seconded.  Passed Unanimous. 

CLAIMS – Batched 23-189, 23-190, 23-191, 23-192.  Commissioner Jones made a MOTION to approve the Claims, Commissioner Morse seconded.  Passed Unanimous. 

CONSENT AGENDA – 1.  COMMISSIONERS – A.)  Commissioner Board Appointments – Commissioner John Ostlund to Area II Agency on Aging Board/Commissioner Jones to Adult Resource Alliance & Beartooth RC&D Board/Commissioner Morse to Beartooth RC&D Board Alternate.  B.)  Board Appointment – Morgan Tuss to Board of Adjustment and Zoning Commission Board.  C.)  Board Openings – Updated List.  2.  FINANCE – A.)  Metra ARPA Indoor Air Quality – Change Order #1 – HVAC Controllers.  B.)  Agreement with Montana Flooring Liquidators for Flooring Replacement at the Detention Facility and Request to Expend for Flooring Replacement.  3.  PUBLIC WORKS – Vehicle Title Trade – 2014 Ford F250 Super Duty.  4.  SHERIFF – Annual Maintenance/Support Agreement between YCDF & CML SECURITY.  5.  HUMAN RESOURCES – PERSONNEL ACTION REPORTS – County Attorney – 1 Appointment; Justice Court – 1 Appointment, 1 Termination; Detention Facility – 1 Salary & Other, 5 Terminations; Sheriff’s Office – 1 Termination; Road & Bridge – 1 Termination; Human Resources – 1 Salary & Other; Youth Services Center – 1 Termination.

FILE ITEMS – 1.  AUDITOR – Payroll Audit May 16 to May 31, 2023.  2.  FINANCE – FY24 Preliminary Budget Hearing Schedule.  3.  HUMAN RESOURCES – May 16 – May 31 Payroll Audit.  4.  PUBLIC WORKS – Contract for Knife River Paving Crew.  Commissioner Morse made a MOTION to approve the Consent Agenda and place the File Items to file, Commissioner Jones seconded.  Passed Unanimous. 

PUBLIC COMMENTS ON COUNTY BUSINESS – Hearing no comments Commissioner Ostlund adjourned the meeting at 9:56 a.m.

APPROVE ATTEST

DATE