REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday August 8, 2023

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

          PLEDGE:  MOMENT OF SILENCE, Held.

9:30 a.m. PRESENTATION – A.)  Walking Montana Midway-Give-Away.  B.)  Draft 2024 Unified Planning Work Program.  Mr. Scott Walker, Transportation Planner stated The City-County Planning Division is presenting the 2024 Unified Planning Work Program (UPWP) for the Billings Metropolitan Planning Organization (MPO) for Commission review and recommendation to the Billings Policy Coordinating Committee (PCC). The UPWP is primarily for the purpose of programming the federal dollars that Billings receives from the Federal Highway Administration (FHWA) for transportation planning and the Federal Transit Administration (FTA) for transit (MET) planning. These funds are passed through the Montana Department of Transportation (MDT). All transportation planning activities are included in the UPWP so that it represents a comprehensive document for the urban transportation planning program and provides coordination between the Billings MPO, MDT, FHWA and FTA. This UPWP proposes planning activities for Federal Fiscal Year 2024, which runs from October 1, 2023, through September 30, 2024. This UPWP corresponds directly with the Planning Division’s annual work plan. The significant changes in this year’s program include continuing to update to the 2024 Bike and Pedestrian Plan, the 21st Street Feasibility Study, and inclusion of transportation elements of neighborhood planning studies. The Transit section is Chapter II of the UPWP. The document is consistent with past programs in its content and format.  Commissioner Morse made a MOTION to forward a recommendation of approve to the Policy Coordinating Committee (PCC), Commissioner Jones seconded.  Passed Unanimous. 

BID OPENING – Open and Acknowledge Request for Qualifications for Architectural/Engineering Services for Administration Building Remodel.   Qualifications were received from Spectrum Group Architects, Schutz Foss Architects, PC, A & E and Cushing Terrell.  Commissioner Morse made a MOTION to refer the bids to staff for recommendation, Commissioner Jones seconded.  Passed Unanimous. 

9:30 a.m. PUBLIC HEARING – Resolution 23-88 to Designate Polling Places.  Mr. Kevin Gillen, working on behalf of the Election Office today stated the designation of polling places should take into account election security, accessibility for voters with disabilities, ease of access and streamlined voting services for all voters, cost-effectiveness, allocation of operational resources and administrative efficiency.  These goals are best served by the optimization and consolidation of polling place locations.  The security of polling place elections is increased by streamlining locations and enhancing security for election materials that must be transported to and from the election administrator’s office.  Polling places should ensure accessibility for disabled voters, including ample and conveniently located parking.  Consolidating and optimizing voting locations ensures that taxpayer dollars spent on elections are used in the most practical, prudent, and cost-effective manner including funds used to train polling place workers, purchase election supplies such as polling place signage to appropriately inform and direct voters and ensure the security of the election process.  Appropriately consolidating voting locations allows for election operations to be streamlined, including the effective allocation and deployment of operational resources such as polling place workers, accessibility machines, and election supplies.  Streamlined operations reduce the administrative burdens of county elections and ensure the seamless execution of the voting process.  Placing resources at appropriately consolidated polling places ensures an equitable distribution of trained, knowledgeable polling place workers and election equipment, enabling the minimization of voter wait time.  Commissioner Ostlund opened the Public Hearing.  Six people spoke in opposition of designating polling places.  Two people spoke regarding looking at different solutions.   Mr. Gillen thanked everyone who spoke up at this public hearing.  Mr. Gillen stated that he and Ms. Aldrich went to every polling place in the county to access them all.  We accessed ADA compliancy and parking issues.  Ms. Aldrich and I checked with all of the schools, and they were on board with moving the polling place away from the school.  Elysian School is too small to hold elections and adults mingling with students is a security issue.  Mr. Gillen stated that new voter cards will be sent out notifying the public of their new precinct and polling place.  Commissioner Ostlund stated he would like to table this for one month to check into the efficiency of the polling places.  Commissioner Ostlund closed the Public Hearing.  Commissioner Jones made a MOTION to table until September 5, 2023, Commissioner Morse seconded.  Passed Unanimous.   

9:30 a.m. ZONE CHANGE PUBLIC HEARINGS – A.)  County Zone Change 717 – 705 Johnson Lane – CMU1, N4 and RR1 to CX – A zone change request from Corridor Mixed Use 1 (CMU1 – Lots 4A and 5A), Large Lot Suburban Neighborhood Residential  (N4 – Lots 1 & 2), and Rural Residential 1 (RR1 – Lot 3) to Heavy Commercial (CX), on Lots 4A, 5A and portions of Lots 1, 2 and 3 of Block 1, Fly In Subdivision The total area for re-zoning is approximately 9.81 acres of land as shown on the application exhibit. A pre-application neighborhood meeting was held on May 11, 2023, at Lockwood High School. Tax IDs C12463 (Lot 4A), C12464 (Lot 5A) and portions of C12460 (Lot 1), C12461 (Lot 2) and C12462 (Lot 3).  Ms. Nicole Cromwell, Zoning Coordinator went through the staff report.  Commissioner Ostlund opened the Public Hearing.   Sanderson Stewart gave a presentation.  One person spoke in favor of the proposed Zone Change.  Four people spoke in opposition of the proposed zone change.  Hearing no other comments Commissioner Ostlund closed the Public Hearing.  Commissioner Morse made a MOTION based on the Planning Staff’s recommendation of approval to approve Zone Change 717, Commissioner Jones seconded.  Passed Unanimous.  B.)  County Zone Change 718 – 541 Woodland Road and 2422 Old Hardin Road – NX1 and N4 to C3 – A zone change request from Mixed Residential 1(NX1 – Lots 17 & 18) and Large Lot Suburban Neighborhood Residential (N4 – Lot 19) to General Commercial (C3) on Lots 17, 18 and 19 of Meadowbrook Subdivision, a 1.9-acre parcel of land. A pre-application neighborhood meeting was held on May 18, 2023, at the subject property. Tax IDs: C04821 and C04822.  Ms. Nicole Cromwell, Zoning Coordinator went through the staff report.  Commissioner Ostlund opened the Public Hearing.  Six people spoke in favor of the proposed Zone Change.  One person spoke in opposition of the proposed Zone Change.  Hearing no other comments Commissioner Ostlund closed the Public Hearing.  Commissioner Morse made a MOTION to approve ZC 718, Commissioner Ostlund seconded.  Commissioner Ostlund stated that he has listened to all of the testimony for and against and he believes and agrees with the Planning staff’s recommendation that this does meet the eleven criteria for a proper zone change, I don’t agree with the Zoning Commission recommendation of a 3 -1 denial.  My vote will be to approve this, and this does meet the eleven criteria that the Planning staff has recommended.   Commissioner Jones stated that the only thing he asks is that be part of the motion.  Commissioner Morse amended his MOTION to approve Zone Change 718 and go with the Planning Staff recommendation of approval and that it meets the eleven criteria for a zone change, Commissioner Jones seconded.  Passed Unanimous. 

PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS – Hearing no comments Commissioner Ostlund continued the meeting.   

CLAIMS – Batches 23-216, 24-009, 24-010, 24-011, 24-012.  Commissioner Jones made a MOTION to approve the Claims, Commissioner Morse seconded.  Passed Unanimous. 

CONSENT AGENDA – 1.  COMMISSIONERS – Board Appointments – Cole Catlin to Adult Resource Alliance Board/Brennen Plucker to DUI Task Force.  2.  COUNTY ATTORNEY- A.)  Metra Staking Policy.  B.)  Metra Face Covering Policy.  3.  FINANCE – A.)  Metra ARPA Infrastructure – Arena Lot & Rideshare Extension Notice to Proceed.  B.)  Amendment to the Contract between DNRC and Worden Ballantine Water and Sewer, in which Yellowstone County is the Pass Through for this Grant.  C.)  Public Works – Weed Department Contract with Wright Company, MT, Inc. for the 2023 Salt Cedar Project.  D.)  Equitable Sharing Agreement and Certifications Form for FY23.  4.  METRAPARK – Amusement Games Permit.  5.  PUBLIC WORKS – Authorization to Bid RSID 890C Paving 54^th Street West.  6.  SHERIFF – Amended 30-Day Notice for 2023 JAG.  7.  HUMAN RESOURCES – Youth Services Center – 1 Appointment; Justice Court – 1 Appointment; MetraPark – 1 Appointment; County Attorney – 1 Salary & Other; Sheriff’s Office – 1 Salary & Other.

FILE ITEMS – 1.  COMMISSIONERS – DUI Task Force July 2023 Minutes.  2.  FINANCE – MetraPark Contract with E&JK Services for Armored Car Services.  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 – One person spoke regarding the grant money that the Elections Department received.  Hearing no other comments Commissioner Ostlund adjourned the meeting at 12:12 p.m.

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