REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday July 23, 2024

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

PLEDGE: MOMENT OF SILENCE, Held.

RECOGNITION – Dan Damjanovich, Road & Bridge, 44 Years of Service, Retirement; Wendy Caton, District Court, 29 Years of Service, Retirement.

9:30 a.m. PUBLIC HEARING – A.) Resolution 24-114 to Adopt Park Inventory and Enact Park Plan and Park Regulations. Commissioner Ostlund opened the Public Hearing. One person spoke about RSID’s in parks. One person spoke about using parkland for workforce housing. Hearing no other comments Commissioner Ostlund closed the Public Hearing. Commissioner Morse made a MOTION to approve Resolution 24-114, Commissioner Jones seconded. Passed Unanimous. B.) Resolution 24-119 to Adopt Amended Yellowstone County Subdivision Regulations. Mr. Dave Green, Planner went through the proposed changes. Commissioner Ostlund opened the Public Hearing. One person opposed the requirement of gates on private roads. Hearing no other comments Commissioner Ostlund closed the Public Hearing. Commissioner Morse made a MOTION to approve Resolution 24-119, Commissioner Jones seconded. Commissioner Jones stated that he is opposed to the requirement of gates on private roads and quoted Thomas Jefferson. Commissioner Jones made a MOTION to remove the gate requirement for private roads. Motion died for lack of a second. Commissioner Morse stated that private roads are made to keep traffic off your road. Mr. Tim Miller, Public Works Director stated that Public Works gets several calls regarding the maintenance of private roads. Gates add clarity. Mr. Miller stated there is no difference in the cost. Commissioner Jones stated that there is a cost for the fencing and gate. Commissioner Jones stated that there are private companies in town that manage HOA’s. Motion passed 2-1. Commissioner Jones voted against the motion. C.) Resolution 24-120 to Name an Unnamed Road Leisure Lane in Amended Certificate of Survey No. 3793 Corrected. Mr. Mike Powell, GIS Manager gave some background. Commissioner Ostlund opened the Public Hearing. Hearing no comments Commissioner Ostlund closed the Public Hearing. Commissioner Morse made a MOTION to approve Resolution 24-120, Commissioner Jones seconded. Passed Unanimous.

PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS – One person spoke on the reconsideration of Critical Scour on Duck Creek Bridge and Alternate Routes. Hearing no other comments Commissioner Ostlund continued the Board Meeting.

COMMISSIONERS – A.) Reconsider Critical Scour on Duck Creek Bridge and Alternate Routes. Mr. Tim Miller, Public Works Director stated that this is a good viable project and will benefit the public and the project material is available. This project will make more routes available for emergency services. This project will provide a hard surface for all 3 bridges together that are located on the south side of the river. Commissioner Ostlund stated that this road isn’t for me, and I didn’t vote on this project last time because I live on 900 ft of the road. This road is the only connection from Briarwood to Laurel and it moves a lot of traffic. I failed to second this last time because Commissioner Jones wants to make this political and that is why we are discussing this matter again. Commissioner Ostlund stated that if you want to pave all but the 900 ft in front of my place, he would be fine with that. Commissioner Jones stated to the Chairman that we had public comment already on regular, consent and filed agenda items and you didn’t let everyone speak. Commissioner Jones noted that this is the item that people have shown up for to talk about. Commissioner Ostlund stated that he is going to give everyone an opportunity to talk about this item. Commissioner Ostlund stated that this isn’t a public hearing, but he will allow comments. Commissioner Jones stated that the Chairman is changing the order of the meeting. Commissioner Ostlund stated that he gave an opener and he allow people to comment. Commissioner Jones stated that the public should have an opportunity by law to talk about the item before a motion is made. Commissioner Jones told Commissioner Ostlund that he circumvented the whole process by telling someone that they could not comment. The public’s time to comment is right here on our agenda “public comments on regular, consent and filed agenda items.” Commissioner Ostlund stated at this time we will take public comments. Five people spoke against putting millings on Keller Road. Two people spoke in favor of putting millings on Keller Road. Hearing no other comments Commissioner Ostlund stated that this project has been planned for a year. Commissioner Morse made a MOTION to approve the project on Keller Road, Commissioner Ostlund seconded. Commissioner Jones stated that this process has been done haphazardly. We were told something was wrong with the bridge in 2022 and I put it on our discussion. At that time, we were told there is nothing wrong with the bridge, it’s fine don’t worry about it. We didn’t do an investigation into the bridge and we didn’t put it on our FEMA list, which would have reimbursed 75% of the cost. I can’t believe we would put $200,000 into this road and not make the corners right. We are doing 56^th right now and waiting for a right of way because they are to many accidents on that road and we are putting a roundabout in, there is planning go on ahead of time. There is no planning for this project. We need to do an engineering study. This is not political, just bad policy. We need to make this road safe. Motion passed 2 -1. Commissioner Jones voted against the motion. B.) Resolution 24-121 – Ban on Open Burning & Stage I Fire Restrictions. Commissioner Jones made a MOTION to approve Resolution 24-121, Commissioner Morse seconded. Passed Unanimous.

LAUREL PLANNING DEPARTMENT – Minor Preliminary Plat – T Lazy M Subdivision. Mr. Kurt Markegard, Laurel Planner went through the staff report and proposed conditions. Commissioner Morse made a MOTION to conditionally approve Minor Preliminary Plat – T Lazy M Subdivision with the Findings of Fact and the SIA, Commissioner Jones seconded. Passed Unanimous.

CLAIMS – Batches 24-187, 24-188, 24-189 and 25-004. Commissioner Jones made a MOTION to approve the Claims, Commissioner Morse seconded. Passed Unanimous.

CONSENT AGENDA – 1. COMMISSIONERS – Commissioners Day at the Fair Invite. 2. EXTENSION SERVICES – FY2025 Extension Services Agreement. 3. FINANCE- YSC Request to Recruit for Juvenile Care Worker. 4. PUBLIC WORKS – A.) Torgerson Sidewalk Improvements LPSD. B.) 24-25 MDT Noxious Weed Control Agreement with Yellowstone County Weed District. 5. SHERIFF – A.) Revised Contract between Yellowstone County and Montana Dental Services, PC for Services at YCDF. B.) YCSO & Huntley Project Public Schools MOU for SRO in 2024-2025 School Year. 6. YOUTH SERVICES – A.) Family Stabilization Program – Placements – Contract #PIF23-12. B.) Therapeutic Mentoring Contract - #PIF23-17. C.) Youth Services Center Request for Shift Differential Pay. 7. HUMAN RESOURCES – PERSONNEL ACTION REPORTS – MetraPark – 2 Appointments; Detention Facility – 1 Appointment, 2 Terminations; Clerk of Court – 1 Termination; County Attorney – 1 Termination.

FILE ITEMS – 1. CLERK AND RECORDER – Board Minutes – Lockwood Irrigation District. 2. COMMISSIONERS – MDT – DUI Task Force Plan Approval for FY25. 3. EMERGENCY AND GENERAL SERVICES – A.) County Assist Letter to DNRC for Bo Fire. B.) Request Letter to DNRC to Participate in Staffed Stations. 4. FINANCE- Detailed Cash Investment Report June 2024. 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 10:52 a.m.

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