REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday November 25, 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 – November 18, 2025.  Commissioner Waters made a MOTION to approve the Minutes, Commissioner White seconded.  Passed Unanimous. 

Commissioner Waters made a MOTION to TABLE item 2 on the Consent Agenda, Commissioner White seconded.  Passed Unanimous. 

9:00 a.m. RECOGNITION – Danya-Dee Webb – Detention Center – 25 Years of Service; Amy Hernandez – County Attorney – 25 Years of Service; Johnny Hutzenbiler – Road – 25 Years of Service; Becky Jolliff – Sheriff Civil – 20 Years of Service; Troy Jamieson – Detention Center – 15 Years of Service; Nicole Olson – Information Technology – 10 Years of Service. 

9:00 a.m. BID OPENING – Bid Opening for Metra Skybox Renovation – Bid Due Date has been Extended to Monday December 15, 2025, at 3:00 p.m.

PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS – One citizen spoke in favor of the variance.  Hearing no other comments Commissioner Morse continued the Board Meeting.

PUBLIC WORKS – Approach Variance – 2523 Jessica Street (Driveway Width and Fill) Ms. Monica Plecker, Public Works Director stated that Steven Taylor owns a residential property at 2523 Jessica Street in the Mackenzie Meadows Subdivision. A 57' concrete approach has been constructed, and the roadside ditch was filled in to accommodate landscaping. In accordance with the Yellowstone County Road Policy, the approach is too wide, and the fill violates the county's approved cross section. Logan McIsaac discovered the violation while checking approaches. He informed Mr. Taylor of the violation in person and subsequently notified him in writing on September 9, 2025. Mr. Taylor has remained in contact with the public works office since being notified of the violation. He formally requested a variance accommodate the approach and fill as constructed by a letter dated September 30, 2025, the request was reiterated via a letter dated October 22, 2025 (both letters are available in the Clerk and Recorder’s Office). 
The applicant's request notes several points, some of which are summarized below. Please review the letters in full for additional information:

• Applicant relied upon his builder, Hill Builders, to abide by local codes and regulations.
• Applicant notes the permit does not include a specific approved width.
• Applicant was told by multiple parties the streets were not maintained by Yellowstone County, so it assumed no involvement by the County.
• Applicant notes there are other subdivisions and even properties within Mackenzie Meadows subdivision that have driveways exceeding 50' and those where street-side ditches have been filled in.

Staff reviewed the variance request and researched the property in detail. Staff determined a 50' approach would be acceptable, but the 7' of overage and fill would need to be removed. This decision was made based on the following factors (See letter attached for additional details):

• Since May 2025, The Yellowstone County Road Policy allows properties with greater than 150' of frontage to have a 50' approach. Although the approach was applied for prior to the regulation change, staff is agreeable based on current regulations to allow a maximum of 50' to remain for the approach. 
• The approach was not constructed as permitted and even with the new 50' maximum the approach is still out of conformance with regulations by 7'. Although the permit does not explicitly state the approach was limited to 30', the permit does state the approach has to be in compliance with the regulations. Further, the approach process includes a physical inspection of the proposed approach. The physical inspection was shown and therefore approved at 30'. Further unform approaches have a direct relationship to safety. 
• The fill is prohibited via Addendum #2 14.7.15 which states "Existing drainage in the public road right of way shall not be altered or impeded without specific written approval from the Montana Department of Environmental Quality. In cases outside of subdivisions or in subdivisions with no storm water management plan, specific written approval from YCPW will be required.
• The fill has a direct relationship to stormwater maintenance. Allowing the fill to remain as is will have an adverse impact on both available flow and storage capacity of the existing roadside ditches. Maintaining the integrity of these ditches is critical to the stormwater plan, as approved by the Montana Department of Environmental Quality, requires that all storm drainage systems be located as shown on the approved plans, The Plans specifically note "All public roads within this subdivision will be built to county roads standards with roadside ditches unless noted otherwise."
• The Subdivision Improvement Agreement states in Section II. E. "Culverts and associated drainage swales shall not be filled in or altered by the subdivider or subsequent lot owners."
• The Subdivision Improvement Agreement states in Section V. "All drainage improvements shall comply with the provisions of the Section 4.7, Yellowstone County Subdivision Regulations, and a stormwater management plan shall be submitted to and approved by the DEQ, or its designee."

As a result of the above staff remains that 7 feet of concrete must be removed to reduce the total approach width to 50 feet, consistent with the current Road Policy. Staff will provide Mr. Taylor with an updated  

Permit to reflect the 50’ authorization because there is lot frontage greater that 150’.  However, prior to granting the updated permit, a plan to remove the excess fill and approach width must be in place.  The corrective work must occur from the edge of pavement to the property line.  Improvements located beyond the property line are not part of the variance request and are not regulated under the County Road Policy.  Commissioner Waters made a MOTION to deny the appeal

CLAIMS – Batches 26-064, 26-065, 26-066, 260-067 and 26-068.  Commissioner White made a MOTION to approve the Claims, Commissioner Waters seconded.  Passed Unanimous. 

CONSENT AGENDA – 1.  COMMISSIONERS – A.)  Board Reappointment – Linda Lein to Historic Preservation Board.  B.)  Board Openings – Updated List.  2.  COUNTY ATTORNEY – MOU and Agreement to Sub-Contract between Yellowstone County Sheriff’s Office and Alternatives, Inc. – TABLED.  3.  FINANCE – A.)  Recommendation of Award – Metra Crowd Management Services. B.)  Notice of Award & Contract – Cedar Hall Renovation.  4.  PUBLIC WORKS – Two Moon Park Mastication Project 2026.  5.  SHERIFF – A.)  Hold Harmless Agreement for Use of the Michael A. Shafer Training Facility.  B.)  Change in Alarm Monitoring Service for the Sheriff’s Office & Evidence Building.  6.  HUMAN RESOURCES – A.)  Proposed Class Specification – Deputy Chief Criminal Attorney.  B.)  PERSONNEL ACTION REPORTS – Detention Facility – 1 Appointment, 6 Salary & Other, 3 Terminations; County Attorney – 1 Appointment; Youth Services Center – 1 Termination; Motor Vehicle – 1 Termination.

FILE ITEMS – 1.  CLERK AND RECORDER – Board Minutes – Lockwood Irrigation District Board Minutes.  2.  COMMISSIONERS – Tax Appeal Board Minutes 11/19/25.  3.  ELECTIONS – 2025 Municipal General Election Canvass.  4.  FINANCE - Metra Skybox Renovation IFB – Addendum #1.  5.  PUBLIC WORKS – Snow Removal Contract with Thuesen Landscaping LLC.  Commissioner Waters made a MOTION to approve the Amended Consent Agenda and place the File Items to file, Commissioner White seconded.  Passed Unanimous.

PUBLIC COMMENTS ON COUNTY BUSINESS – Hearing no comments Commissioner Morse adjourned the meeting at 9:21 a.m.

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