REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday September 7, 2021

 

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

          PLEDGE.

          MINUTES – August 31, 2021.  Commissioner Ostlund made a MOTION to approve the Minutes, Commissioner Pitman seconded.  Passed Unanimous. 

          9:30 a.m. PUBLIC HEARINGS – A.)  Resolution 21-51 Adopting Fiscal Year 2021-2022 Budget and Setting Special District Levies.  Mr. Kevan Bryan, Finance Director stated that an amendment needs to be made to the County Attorneys budget so that the reserves are not over the statutory allotted amount.  Commissioner Jones opened the continued Public Hearing from August 31, 2021.  Hearing no comments Commissioner Jones closed the Public Hearing.  Commissioner Pitman made a Motion to approve Resolution 2151 and amend the County Attorney’s budget by moving $50,000 to the County Attorney’s contingency budget.  Commissioner Ostlund stated before he seconds the motion, he has several budget amendments.  Commissioner Pitman amended his MOTION to only amend the County Attorney’s budget, Commissioner Ostlund seconded.  Passed Unanimous.  Commissioner Ostlund made a MOTION to approve $8600.00 for the Spay and Neuter Clinic, Commissioner Jones seconded.  Commissioner Pitman asked where the money would come from.  Commissioner Ostlund stated that the money would come from the PILT Fund.  Commissioner Jones noted that Microsoft Teams was offline and now is back online, so he opened the Public Hearing again.  Hearing no comments Commissioner Jones closed the Public Hearing.  Commissioner Ostlund stated that Sandy Wulf will be at discussion this afternoon to give some background regarding the Spay and Neuter Clinic.  Commissioner Pitman would like to do this budget change at mid-year.  Mr. Kevan Bryan, Finance Director stated that it is easier to put it into the budget right now.  Passed Unanimous.  Commissioner Ostlund made a MOTION to remove the Assistant DES Director position and that included removal of $2,500.00 from office supplies and $59,000 from CIP, Commissioner Jones seconded.  Commissioner Pitman stated that he supports the addition of this position and it has been proven in the past that there is a need for the position.  Commissioner Ostlund stated that this position is not needed and that this is about the budget.  Commissioner Jones stated he is not sure if this position is needed.  Commissioner Jones stated that he has talked with the City and they need to have some buy in on this position.  Motion passed 2-1.  Commissioner Pitman voted no.  Commissioner Ostlund made a MOTION to remove all the County Attorney’s newly request employees from the budget, Commissioner Jones seconded.  Commissioner Pitman asked if this includes all the requested full-time employees.  Commissioner Pitman stated that there had been no indication of this during any of the hearings that have been held.  Commissioner Ostlund responded that this is an awful lot of money to expend.  Commissioner Jones stated that he was concerned fiscally on how many full-time employees were being added to this budget.  Passed Unanimous.  Commissioner Ostlund made a MOTION to put on hold 2 new employees for the Treasurer’s Office until after the MetraPark Master Plan is complete, Commissioner Jones seconded.  Commissioner Pitman stated he is going to oppose this because he believes there is public demand for motor vehicle renewal.  Commissioner Pitman made a MOTION to put these new positions on hold until the construction is completed on the facility at MetraPark and not be dependent on the Master Plan, Commissioner Jones seconded.  Passed Unanimous.  Commissioner Jones made a MOTION to remove $15,000 from the MetraPark travel budget, Commissioner Ostlund seconded.  Passed Unanimous. Mr. Kevan Bryan, Finance Director gave a recap – remove all DES budget, leave staffing and construction at MetraPark.  The construction can proceed but the hiring cannot, when the hiring does start it will be for 2 full time employees not 3 and we are pulling $15,000 out of MetraPark’s travel budget, all 5 County Attorney full-time employees are staying in the budget but cannot be hired until the County Attorney comes before the board or they are out of the budget.  Mr. Bryan stated so with those changes a Commissioner needs to make an amendment for both the general fund and for the County Attorney’s fund because they will be over reserved now without that expenditure.  Mr. Bryan also stated that if any general fund reserve changes because of the removal of the proposed DES position and the reduction of one full time employee from Motor Vehicle a Commissioner needs to make a motion move whatever that dollar amount is and transfer it to the general fund CIP rather than leave it in the contingency funds.  Commissioner Pitman stated so moved, Commissioner Ostlund seconded.  Passed Unanimous.  Commissioner Ostlund made a MOTION to put that money into a contingency fund so that the County Attorney can come before the Board, Commissioner Pitman seconded.  Passed Unanimous.  Commissioner Pitman made a MOTION to approve the Budget as amended, Commissioner Ostlund seconded.  Passed Unanimous.  B.)  Resolution 21-79 to Amend FY21 Regular Budget and Amend FY21 and FY22 Grant Budgets for Federal and State Grants.   Commissioner Jones opened the continued Public Hearing.  Hearing no comment Commissioner Jones closed the public Hearing.  Commissioner Ostlund made a MOTION to approve Resolution 21-79, Commissioner Pitman seconded.  Passed Unanimous.  C.)  Resolution 21-69 to change Fee Schedule for Billings Urban Fire Service Area.  Commissioner Jones opened the Public Hearing.  Hearing no comments Commissioner Jones closed the Public Hearing.  Commissioner Pitman made a MOTION to approve Resolution 21-69, Commissioner Ostlund seconded.  Passed Unanimous.  D.)  Resolution 21-75 to Increase Fee for Yellowstone County Solid Waste Disposal District.  Commissioner Jones opened the Public Hearing.  Hearing no comments Commissioner Jones closed the Public Hearing.  Commissioner Pitman made a MOTION to approve Resolution 21-75, Commissioner Ostlund seconded.  Passed Unanimous.  E.)  Resolution 21-83 to Temporarily Close a Public Easement Located in C/S 1211 Easement Document #1761808.  Mr. Tim Miller, Public Works Director stated that this road is a gravel road, and that the County has received complaints about the condition of the road.  Mr. Miller stated he supports the closure of the road.  Commissioner Jones opened the Public Hearing.  Six people spoke in favor of closing the road.  Hearing no other comments Commissioner Jones closed the Public Hearing.  Commissioner Ostlund made a MOTION to approve Resolution 21-83 with the contingency of a parking lot being installed, Commissioner Pitman seconded.  Passed Unanimous.  F.)  Resolution 21-72 to Adopt Schedule of Tax Incentive for MT Sun LLC Application for Tax Incentive.  Commissioner Jones opened the Public Hearing.  Hearing no comments Commissioner Jones closed the Public Hearing.   Commissioner Ostlund made a MOTION to approve Resolution 21-72 at a 50% rate contingent upon an agreement between DOR and Montana Sun LLC that this is in fact a class 13 tax status and if not, the tax incentive would not go through, Commissioner Pitman seconded.  Passed Unanimous.  G.)  Resolution 21-73 to Grant Tax Incentive for MT Sun LLC.  Commissioner Jones opened the Public Hearing.  Two people spoke in opposition of the proposed tax incentive.  Hearing no other comments Commissioner Jones closed the Public Hearing.  Commissioner Ostlund made a MOTION to approve Resolution 21-73 at 50% rate contingent upon an agreement between DOR and Montana Sun LLC that this is in fact a class 13 tax status and if not, the tax incentive would not go through, Commissioner Pitman seconded.  Passed Unanimous. 

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

          COMMISSIONERS – A.)  Proclamation 21-77 Childhood Cancer Awareness Month.  Commissioner Pitman made a MOTION to approve Proclamation 21-77, Commissioner Ostlund seconded.  Passed Unanimous.  B.)  Resolution 21-84 Canceling the Tuesday September 28, 2021 Board of County Commissioners Meeting.  Commissioner Pitman made a MOTION to approve Resolution 21-84, Commissioner Ostlund seconded.  Passed Unanimous.    

          CLAIMS – Batches 22-032, 22-033 & 22-034.  Commissioner Pitman made a MOTION to approve the Claims, Commissioner Ostlund seconded.  Passed Unanimous.

          CONSENT AGENDA – 1.  COMMISSIONERS – Board Openings – Updated List.  2.  FINANCE – A.)  Contract with JTLS Mechanical for Maintenance Services Agreement for the Office Building at 2825 3^rd Avenue North.  B.)  Semi-Annual Bond Review with Travelers Insurance.  C.)  Annual Fine Art Renewal with Huntington T. Block Insurance Agency, Inc.  D.)  MetraPark Request to Expand for Rain Gutter for Horse Barn.  F.)  Anderson Zurmuehlen Letter of Engagement for Audit Services.  3.  SHERIFF – Updated MOU between Yellowstone County Sheriff’s Office and United States Marshals Service Violent Offender Task Force.  4.  HUMAN RESOURCES – A.)  Creation of New Position – Senior District Court Clerk.  B.)  PERSONNEL ACTION REPORTS – County Attorney – 1 Appointment, 1 Termination; MetraPark – 1 Salary & other; Youth Services Center – 1 Salary & Other; Sheriff’s Office – 1 Appointment, 1 Salary & Other, 1 Termination; Detention Facility – 2 Appointments, 1 Salary & Other, 3 Terminations.

          FILE ITEMS – 1.  AUDITOR – A.)  Conflict of Interest Statements July 2021.  B.)  Quarterly Revenue and Expenditure Reports for April – June 2021.  2.  CLERK AND RECORDER – Board Minutes – Yellowstone County Zoning Commission, Broadview Rural Fire District #3.  3.  CLERK OF DISTRICT COURT – Checks and Disbursements for August 2021.  Commissioner Ostlund made a MOTION to approve the Consent Agenda and place the File Items to file, Commissioner Pitman seconded.  Passed Unanimous.

          PUBLIC COMMENTS ON COUNTY BUSINESS – Hearing no comments Commissioner Jones adjourned the meeting at 10:31 a.m.

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