REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday April 26, 2022

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

PLEDGE.

MINUTES – March 22, 2022. Commissioner Ostlund made a MOTION to approve the minutes, Commissioner Pitman seconded. Passed Unanimous.

Commissioner Pitman made a MOTION to move File Item #2 to the Consent Agenda as Item 5, Commissioner Ostlund seconded. Passed Unanimous. Commissioner Ostlund made a MOTION to move Items 1B and 1C to the Regular Agenda under Commissioners as Items 2A and 2B, Commissioner Pitman seconded. Passed Unanimous.

9:30 a.m. RECOGNITION – Wendy Bland – County Attorney – 20 Years of Service; Scott Helmbrecht – Road – 15 Years of Service; Denise Vogel – Treasurer/Assessor – 10 Years of Service; Amy Grandpre – Extension Service – Retirement – 42 Years of Service.

9:30 a.m. PUBLIC HEARING – A.) Resolution 22-18 to Grant Tax Abatement for MRB Properties, Inc. Mr. Thom MacLean, Big Sky EDA stated that the applicant is requesting a 50% tax reduction. Mr. MacLean stated that the applicant has built a new building and has invested $650,000.00 and with the expansion of the new building the applicant will be able to consolidate the facilities. This business has been in Billings for 11 years. After the completion of construction, the applicant will hire 4 new full-time employees. Commissioner Jones opened the Public Hearing. Two people spoke in favor of the proposed tax incentive. Hearing no other comments Commissioner Jones closed the Public Hearing. Commissioner Pitman made a MOTION to approve Resolution 22-18 to Grant the Tax Incentive for MRB Properties, Inc, Commissioner Ostlund seconded. Passed Unanimous. B.) Public Hearing for the Preliminary Engineering Report and the Submittal of a Montana Coal Endowment Program (MCEP) Application for the Replacement of Bridge 03-03 over BBWA. This item has been postponed until Tuesday May 3, 2022.

9:30 a.m. ZONE CHANGE PUBLIC HEARINGS – A.) County Zone Change 707 – 1321 Alkali Creek Road. Ms. Karen Husman, Planner stated this zone change request is from Large Lot Suburban Neighborhood (N4) and Parks and Open Space (P1) to Agriculture (A), Rural Residential 1 (RR1), Rural Residential 3 (RR3) and Parks and Open Space, on Terrace Estates Sub, 3^rd Filing, Lts1-27, Block 1; Lts 1-16 Block 2, Lts 4A-53, 60, 72-76 Block 3, a 47.527-acre parcel of land. The Zoning Commissioner recommends approval of Zone Change 707. Ms. Husman went through the proposed conditions. Commissioner Jones opened the Public Hearing. Hearing no comments Commissioner Jones closed the Public Hearing. Commissioner Ostlund made a MOTION to approve Zone Change 707 with the 11 criteria, Commissioner Pitman seconded. Passed Unanimous. B.) Land Use Contrary to Zone (LUCZ) No. 1 – MetraPark Premium Parking Lot – Re-build of Parking area without installation of landscaping. Ms. Erin Keith, Planning I stated that State Law governing the application of local zoning regulations to public agencies, local or state, have been on the books since 1981. The purpose of this code section – MCA 76-2-401 and 406—was to ensure the ability of public agencies to accomplish the mission and purpose of their agency while giving local communities the opportunity to comment when those projects were contrary to locally adopted zoning. Public Agency is defined in the law as “a board, bureau, commission, department, an authority, or other entity of state or local government”. The term captures many local or state entities from the Department of Natural Resources Conservation (DNRC) to local school districts or even city or county departments. The law does not apply to federal agencies or departments. The law excludes public project on land that is privately owned. For example, if the DNRC has partnered with a landowner to complete a project on private property, it is not exempt from local zoning and is not covered by MCA 76-2-402. In 2021, Senator Bill Mercer introduced and passed a bill that amended this section of state law. The previous convening body for Land Used Contrary to Zoning was the appointed Board of Adjustment. In addition, the law had language that implied the Board of Adjustment could not provide its own advice, opinion, summarize the public comments for the applicant’s consideration. The changed adopted 2021 place these types of projects in front of the local governing body (city or county) for public hearing and allows the governing body to provide input, opinion, and advice to the project sponsors. The change in law however does not five the County Commissioner the ability to impose conditions of approval or deny the proposed project. The Planning staff recommends the Commission conduct a public hearing and receive public comments on the MetraPark landscaping plan contrary to local zoning regulations. No action needed on this agenda item.

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

COUNTY ATTORNEY – A.) Resolution 22-20 Mandating the Annual Formation of the County Compensation Board and Providing a Mechanism for Making Appointments and Noticing Public Hearings. Commissioner Ostlund made a MOTION to approve Resolution 22-20, Commissioner Pitman seconded. Passed Unanimous. B.) Resolution 22-21 of Intent for the Purpose of Convening a County Compensation Board to Hold Two Public Hearings to Recommend Elected Officials’ Compensation for FY2023 to the Yellowstone County Board of Commissioners – Setting the Public Hearings for Tuesday May 24, 2022, and Tuesday June 7, 2022 @ 10:00 a.m. in Room 3108. Commissioner Ostlund made a MOTION to approve Resolution 22-21, Commissioner Pitman seconded. Passed Unanimous.

ADDED FROM THE CONSENT AGENDA – COMMISSIONERS – A.) Support Letter – Gallatin Wireless Internet LLC Connect MT Grant. B.) Support Letter – Charter Connect MT Grant. Commissioner Ostlund stated that Gallatin Wireless Internet is an out of State company. Commissioner Ostlund made a MOTION to approve both support letters, Commissioner Pitman seconded. Commissioner Jones state that Charter’s support letter states that the Commissioner’s support their application to build a reliable, high quality broadband network for unserved citizens in Yellowstone County excluding Huntley and Worden. Commissioner Jones stated his intent was to limit Charter from serving the Huntley and Worden area because Nemont already serves that area. Commissioner Ostlund stated that these are just support letters and there is a process. Passed Unanimous.

CLAIMS – Batches 22-158, 22-159, 22-160, 22-161 & 22-162. Commissioner Pitman made a MOTION to approve the Claims, Commissioner Ostlund seconded. Passed Unanimous.

CONSENT AGENDA – 1. COMMISSIONERS – A.) Board Reappointments – Tony Erickson to Broadview Cemetery Board/Richard A. Klose Sr. to Adult Resource Alliance Board. B.) Support Letter – Gallatin Wireless Internet LLC Connect MT Grant. C.) Support Letter – Charter Connect MT Grant. D.) Revised Non-Union Promotional Criteria Supplement to Yellowstone County Classification and Compensation. Policy 07-02. 2. FINANCE – A.) MetraPark Release of Request for Proposals for Ticketing Services. B.) Mental Health Mill Levy Contract – United Way of Yellowstone County. C.) Mental Health Mill Levy Contract – United Way of Yellowstone County as a Fiscal Agent for Continuum of Care. D.) Mental Health Mill Levy Contract – Rimrock as Fiscal Agent for Substance Abuse Connect (SAC). E.) Mental Health Mill Levy Contract – Rimrock. F.) Mental Health Mill Levy Contract – Montana Rescue Mission (MRM). G.) Mental health Mill Levy Contract – Downtown Billings Alliance (DBA). H.) Mental Health Mill Levy Contract – Community Crisis Center (CCC). I.) MetraPark NILE Lease Addendum #5. 3. YOUTH SERVICES – MBCC South Central Regional Juvenile Detention Grant Application. 4. HUMAN RESOURCES – PERSONNEL ACTION REPORTS – Human Resources – 1 Salary & Other; County Attorney – 1 Salary & Other; Detention Facility – 1 Appointment; MetraPark – 1 Appointment. 5. Moved from File Items – FINANCE – PILT Transfer Notice – Worden Sign Request.

FILE ITEMS – 1. FACILITIES – Application to Use Courthouse Lawn – Better for Montana Press Release. 2. FINANCE- PILT Transfer Notice – Worden Sign Request. – Moved to the Consent Agenda as Item #5. 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 9:58 a.m.

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