REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday September 2, 2025

 

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

          PLEDGE:  MOMENT OF SILENCE, Held.

          MINUTES – August 26, 2025.  Commissioner Waters made a MOTION to approve the Minutes, Commissioner White seconded.  Passed Unanimous.

          Commissioner Waters made a MOTION to move item 2A from the File Items to the Regular Agenda, Commissioner White seconded.  Passed Unanimous.   

          9:00 a.m. PUBLIC HEARING – A.)  Resolution 25-100 to Amend FY25 Regular Budget and Amend FY25 Final and FY26 Initial Grant Budgets.  Commissioner Morse opened the continued Public Hearing.  Thirteen people spoke in opposition of cutting the Yellowstone Art Museum’s funding.  One person that spoke was Ms. Jessica Ogdin, Executive Director of the YAM.  Ms. Ogdin stated that she is disappointed in the decision to cut the YAM’s funding and asked why the YAM was the only museum to receive funding cuts.  Commissioner Morse explained why public safety is important.  Commissioner Morse stated that our jail has a capacity of 434 and we regularly house 200 inmates over capacity. That number fluctuates between 600 and 650.  Our costs are $122.00 per day, which equates to a $24,400.00 deficit a day and if you multiply that by 365 days it equals an 8.9 million shortfall. That is what we must come up with over and above the Sheriff’s appropriation is.  I hope that you can understand, and your organization was not the only one that had cuts to their budgets.  If you don’t have public safety, you are not going to have an art museum.  Ms. Ogdin stated that she is empathetic to tuff budgeting decisions.  She also noted that the YAM offers deep engaging programing for youth.  Hearing no other comments Commissioner Morse closed the Public Hearing.  Commissioner Waters made a MOTION to approve Resolution 25-100, Commissioner White seconded.  Passed Unanimous.  B.)  Resolution 25-101 Adopting Fiscal Year 2025-2026 Budget and Setting Special District Levies.  Commissioner Morse opened the continued Public Hearing.  Hearing no comments Commissioner Morse closed the Public Hearing.  Commissioner Waters made a MOTION to approve Resolution 25-101, Commissioner White seconded.  Passed Unanimous. 

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

          COMMISSIONERS – Resolution 25-109 Canceling the Tuesday September 23rd, 2025, Board Meeting of the Board of County Commissioners.  Commissioner Waters made a MOTION to approve Resolution 25-109, Commissioner White seconded.  Passed Unanimous.

          PLANNING DEPARTMENT – Resolution 25-103 of Intent to Consolidate the Yellowstone County Zoning Commission and Yellowstone County Board of Adjustment and Setting the Public Hearing for Tuesday September 16, 2025, at 9:00 a.m. in Room 3108.  Ms. Anna Vickers, Planning Division Manager stated that currently Yellowstone County has both a County Zoning Commission and a County Board of Adjustment.  The Planning Division has struggled to obtain volunteers and currently does not have enough members of the Zoning Commission to process zoning applications.  The County Board of Adjustment also meets infrequently throughout the year as there are not a high volume of variances in the County.  It is difficult to maintain volunteers for the Board of Adjustment partly due to the limited meetings.  The Planning Division is proposing to consolidate the County Zoning Commission and the County Board of Adjustment into the Yellowstone County Consolidated Zoning Commission.  This Consolidated Zoning Commission would perform the functions of both the Zoning Commission and the Board of Adjustment.  Recommendations of this Consolidated Zoning Commission would go to the County Commission for zone changes just as they do now.  The Commission would handle variances the same as the current County Board of Adjustment in a quasi-judicial manner.  This consolidation would mean a total volunteer board of five (5) members versus trying to fill two boards with five (5) members each.  Commissioner Waters made a MOTION to approve Resolution 25-103, Commissioner White seconded.  Passed Unanimous. 

          LAUREL PLANNING – Major Preliminary Plat – Lazy KU Subdivision 3rd Filing.  Mr. Kurt Markegard, Laurel City Planner stated that the 32-Lot subdivision is located north of the intersection of Danford Rd. and 72nd Street West, legally described as tracts 6 and 7 of COS 2301 and lot 12A of Lazy KU Subdivision 2nd Filing situated in the S.E. Ό of S25, T01S, R24R, the subdivision is located within the Laurel City-County Planning Jurisdiction.  This subdivision is the third filing of land adjacent to Lazy KY Subdivision which was recently approved for subdivision.  Mr. Markegard went through the proposed conditions.  Commissioner Waters made a MOTION to conditionally approve the Major Preliminary Plat – Lazy KU Subdivision 3rd Filing with the SIA and the Findings of Fact, Commissioner White seconded.  Passed Unanimous.

          CLAIMS – Batches 26-023, 26-024 and 26-025.  Commissioner White made a MOTION to approve the Claims, Commissioner Waters seconded.  Passed Unanimous.

          CONSENT – 1.  COMMISSIONERS – Board Appointment – Pam Ellis to Zoning Commission.  2.  COUNTY ATTORNEY – Riverstone MOU.  3.  FINANCE – A.)  Contract – Yellowstone County News – Legal Advertising.  B.)  Certification Regarding Lobbying and Conflict of Interest.  C.)  DEQ Grant for the Yellowstone County Junk Vehicle Department.  D.)  Request to Expend – Facilities – Cell Phone for New Maintenance Tech.  E.)  Opioid Settlement Participation Letter – Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun and Zydus Settlement.  F.)  MetraPark Contract – Ace Electric – Outdoor Arena Lighting.  G.)  MetraPark Contract – Ace Electric – Flagpole Lighting.  H.)  Contract Amendment #2 – Schutz Foss – Short Term Detention Facility.  4.  INFORMATION TECHNOLOGY – Renewal of Existing Lumen Master Agreement.  5.  PUBLIC WORKS – A.)  Cole Street Right of Way Bargain and Sale Deed.  B.)  Invitation for Bid for Surface Gravel Work in Eagle Bend Subdivision.  6.  SUPERINTENDENT OF SCHOOLS – School District Budgets.  7.  YOUTH SERVICES – Addendum to the Whitmoyer Health Agreement with Youth Services Center.  8.  HUMAN RESOURCES – PERSONNEL ACTION REPORT – Justice Court – 1 Appointment; Road & Bridge – 1 Appointment; Finance – 1 Termination.

          FILE ITEMS – 1.  AUDITOR- Payroll Audit for August 1 to August 15, 2025.  2.  COMMISSIONERS – A.)  Public Comment – YAM Funding.  B.)  Letter from the County Attorney Regarding Museum Mills.  3.  FINANCE – Closeout of FY2023 Homeland Security Grant #23HSYLLWSTN.  4.  HUMAN RESOURCES – August 1 – August 15 Payroll Audit.  5.  PUBLIC WORKS – A.)  Material Contract with C.C. Divide LLC.  B.)  Contract with Big Sky Dirt Works for Trail Work within Pheasant Brook Subdivision.  Commissioner Waters made a MOTION to approve the Consent Agenda and place the amended File Items to file, Commissioner White seconded.  Passed Unanimous. 

          PUBLIC COMMENT ON COUNTY BUSINESS – Hearing no comments Commissioner Morse adjourned the meeting at 10:12 a.m.

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