REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday August 3, 2021

 

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

          PLEDGE.

          9:30 a.m. PUBLIC HEARING – A.)  The Board will consider whether to adopt a Resolution to hold a special election for voters to consider whether to prohibit non-medical marijuana businesses in Yellowstone County.  Commissioner Jones opened the Public Hearing.  Five people spoke in favor of holding a special election for voters to consider whether to prohibit non-medical marijuana businesses in Yellowstone County.  Six people spoke in opposition of holding a special election for voters to consider whether to prohibit non-medical marijuana businesses in Yellowstone County.  Commissioner Jones made a MOTION to approve Resolution 21-59, Commissioner Ostlund seconded.  Commissioner Ostlund stated that he is not going to vote for this for this resolution.  This is one of the most difficult decisions we have ever had before the Commission.  Commissioner Ostlund stated that you don’t get to revote every time you don’t like the outcome of an election.  Recreational marijuana is going to bad for our community.  Commissioner Ostlund also stated that he is not a proponent of recreational marijuana and he did not vote for it and does not support it however we have a voting process, and we need to respect that process.  If recreational marijuana gets voted down in Yellowstone County you are also voting down the opportunity to run a business or have a store front or grow facility that is taxed and regulated.  Recreational marijuana would still be in Yellowstone County because it was approved statewide.  It is a difficult decision, but Commissioner Ostlund stated he will vote no on this resolution.  Commissioner Jones stated he was going to vote yes for this resolution.  Commissioner Jones also noted that he was in the legislature and anytime it was stated where the money is going to go on an initiative it was deceptive.  Commissioner Jones stated that he knows several people I know voted for this because of where it was said the money was earmarked for.  You can’t earmark appropriations.  When appropriations get to the legislature the legislature gets to appropriate where that money goes.  I know people voted for this because they thought the money was going for trails and I am going to vote yes for this resolution.  The resolution failed on a tied vote.  B.)  The Board will consider whether to adopt a Resolution to hold a special election for voters to consider a 3% local-option tax on marijuana sales.  Commissioner Jones opened the Public Hearing.  Three people spoke in favor of a 3% local-option tax.  Hearing no other comments Commissioner Jones closed the Public Hearing.  Commissioner Ostlund made a MOTION to approve Resolution to hold a special election for voters to consider a 3% local-option tax on marijuana sales, Commissioner Jones seconded.  Passed Unanimous. 

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

          9:30 a.m. PRESENTATION – 2022 Draft Unified Planning Work Program (UPWP).  Mr. Scott Walker, Transportation Planner went through the UPWP.  Commissioner Ostlund made a MOTION to approve the 2022 Draft Unified Planning Work Program and forward a recommendation of approval to the PCC, Commissioner Jones seconded.  Passed Unanimous. 

          FINANCE – A.)  Notice of Proposed FY22 RSID Assessments.  Commissioner Ostlund made a MOTION to approve the Notice of Proposed FY22 RSID Assessments, Commissioner Jones seconded.  Passed Unanimous.    B.)  Notice of Public Hearings for the Purpose of Considering the Final Budget for FY21-22 (FY22); Setting FY22 County Mill Levies and Budget Amendments for FY21 and Grant Budget Amendments for FY21-22 – the Public Hearings will be held Tuesday August 31, 2021 and Tuesday September 7, 2021 at 9:30 a.m. in Room 3108.  Commissioner Ostlund made a MOTION to approve the Notice of Public Hearings for the Final Budget, Commissioner Jones seconded.  Passed Unanimous. 

          PLANNING – RL Subdivision – Preliminary Minor Plat.  Mr. Dave Green, Planner stated the property is generally located between 54th Street West and 58th Street West, South of Rimrock Road.  This subdivision would create 2 lots from an 87.315-acre parcel of land.  Mr. Green went through the staff report and the conditions.  Commissioner Ostlund made a MOTION to conditionally approve the RL Subdivision – Preliminary Minor Plat with the SIA and the Findings of Fact, Commissioner Jones seconded.  Passed Unanimous. 

          PUBLIC WORKS – Resolution 21-54 to Set a Public Hearing on Proposed Establishment of a Portion of Cottonwood Creek Road as a County Road – Setting the Public Hearing for Tuesday August 17, 2021 @ 9:30 a.m. in Room 3108.  Commissioner Ostlund made a MOTION to approve Resolution 21-54, Commissioner Jones seconded.  Passed Unanimous. 

          CLAIMS – Batches 21-246, 22-012, 22-013 & 22-014.  Commissioner Ostlund made a MOTION to approve the Claims, Commissioner Jones seconded.  Passed Unanimous. 

          CONSENT AGENDA – 1.  CLERK AND RECORDER – Plat of Huck Subdivision and the S.I.A.  2.  COMMISSIONERS – A.)  Board Appointment Kari Welborn to Custer Cemetery Board.  B.)  Board Openings – Update List.  3.  FINANCE – Bond for Lost Warrant.  4.  PUBLIC WORKS – Contract Change Order with Streamline Marking Inc. for Striping.  5.  SHERIFF – A.)  Indemnification/Hold Harmless Agreements between YCSO and Outside Agencies Utilizing YCSO Range.  B.)  Credit Card for New Lieutenant of Detention Facility.  6.  HUMAN RESOURCES- A.)  ASO Benefit Program Application.  B.)  PERSONNEL ACTION REPORT – Sheriff’s Office – 2 Salary & Other, 3 Terminations; Detention Facility – 3 Appointments, 3 Salary & Other; MetraPark – 1 Appointment; Youth Services Center – 1 Appointment, 1 Termination; County Attorney – 1 Appointment, 1 Termination; Clerk and Recorder – 1 Appointment; Justice Court – 3 Appointments; Road and Bridge – 1 Appointment; Clerk of Court – 1 Salary & Other, 1 Termination.

          FILE ITEMS – 1.  AUDITOR – Payroll Audit July 1 to July 15, 2021.  2.  FINANCE – Detailed Cash Investment Report June 2021.  3.  HUMAN RESOURCES – July 1 – July 15 Response to Audit.   Commissioner Ostlund 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 Jones adjourned the meeting at 10:29 a.m.

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