REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
Tuesday July 7, 2026
PRESENT: Commissioner Morse, Chair; Commissioners Waters and White; Board Clerk Teri Reitz; Clerk and Recorder Jeff Martin.
PLEDGE: MOMENT OF SILENCE, Held.
MINUTES June 2, 2026, June 2, 2026, Elected Officials Compensation Hearing, June 9, 2026, June 18, 2026, June 23, 2026, and June 30, 2026. Commissioner Waters made a MOTION to approve the Minutes, Commissioner White seconded. Passed Unanimous. Commissioner Waters made a MOTION to Table items 2B and 6 on the Consent Agenda, Commissioner White seconded. Passed Unanimous.
9:00 BID OPENING Bid Opening for Janitorial Services. One bid was received from Automated Maintenance Services, Inc. and it was opened and acknowledged. Commissioner Waters made a MOTION to refer the bids to staff for a recommendation back to this board, Commissioner White seconded. Passed Unanimous.
9:00 a.m. PUBLIC HEARING Resolution 26-68 to Increase Solid Waste Disposal District Fee. Ms. Jen Jones, Finance Director stated that the increase is due to the City of Billings Landfill agreement increase. Commissioner Morse opened the Public Hearing. Hearing no comments Commissioner Morse closed the Public Hearing. Commissioner Waters made a MOTION to approve Resolution 26-68, Commissioner White seconded. Passed Unanimous.
PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS Hearing no comments Commissioner Morse continued the Board Meeting.
COMMISSIONERS Yellowstone County Emergency Declaration. Mr. Steve Williams, Chief Civil County Attorney stated that while completing construction on the Yellowstone County Courthouse a company broke a fire suppression sprinkler line, causing extensive damage to the first, second and third floors of the Yellowstone County Courthouse. The extensive water damage has impacted the courts and county employees. Commissioner Waters made a MOTION to approve Resolution 26-85 Yellowstone County Emergency Declaration, Commissioner White seconded. Passed Unanimous.
COUNTY ATTORNEY Petition Validity of Initiative. Mr. Steve Williams, Chief Civil County Attorney stated as discussed last week, there is a proposed initiative that would create an ordinance regarding the regulation of future and existing data centers in Yellowstone County. It's been approved to form. The county attorney's office, though, has concerns about the validity and constitutionality of the ordinance. It would require a countywide vote for the approval or continued operation of a data center. There's a case that came down just recently at the end of June from the Supreme Court that dealt with a nearly identical issue regarding a wind farm ordinance. That was Treasure County versus Edland. And in that matter, the district court and the Supreme Court both found that the initiative, which again is very similar to what we're looking at now, exceeded the authority granted to counties for zoning, and it was unconstitutional. That case seems almost directly on point and would, in our view, likely bar the proposed data center ordinance. When there is an initiative where the county wants to determine the constitutionality of or validity of a proposed ordinance, the county commission needs to direct the county attorney to file an action to get that determination from the court. That's under MCA 1328401. So that's what the County Attorney's Office is recommending today, that the board direct my office to file an action that would then have the court determine the validity of the proposed ordinance. We're not taking a position one way or another on data centers or the ordinance. We're just looking for the court to make that determination. Commissioner Morse stated all right, thank you, Steve. Commissioner Morse stated, we'll bring it to this board for action. Commissioner Waters made a MOTION to approve the lawsuit validity of initiative against the validity of the petition for the validity of the initiative in relation to the data center ordinance, Commissioner White seconded. Passed Unanimous.
FINANCE Resolution 26-76 of Intent to Create RSID 923M Bar 11 Subdivision Parks and Setting the Public Hearing for Tuesday August 11, 2026, at 9:00 a.m. in Room 309 of the John Ostlund Building. Commissioner Waters made a MOTION to approve Resolution 26-76, Commissioner White seconded. Passed Unanimous.
PUBLIC WORKS Resolution 26-83 to Set the Public Hearing for the Abandonment of Certain Roads within Rockwell-Schauer Subdivision the Public Hearing will be on Tuesday, July 28, 2026, at 9:00 a.m. in Room 309 of the John Ostlund Building. Commissioner Waters made a MOTION to approve Resolution 26-83, Commissioner White seconded. Passed Unanimous.
CLAIMS Batches 26-180, 26-181, 26-182. Commissioner White made a MOTION to approve the Claims, Commissioner Waters seconded. Passed Unanimous.
CONSENT AGENDA 1. COMMISSIONERS A.) MET Financial and Governance Study. B.) Board Openings City/County Planning Board/Broadview Cemetery/Blue Creek FSA/Laurel Fire District #5 & #7/Huntley Project FSA/Consolidated Zoning Commission/Lockwood Pedestrian Safety District Advisory Board/Area II Agency on Aging/Allies in Aging. C.) Board Reappointment Gary Levine to Yellowstone County Museum. D.) Board Appointment Aaron Kind to Historic Preservation Board. 2. COUNTY ATTORNEY A.) Resolution 26-84 Establishing a Legal Intern Housing Assistance Allowance. B.) Yellowstone County Sheriffs Office DUI Center Agreement with MSUB of Montana. 3. FINANCE A.) ARPA Minimum Allocation (MAG) Draw Request #11 & Compliance Certification. B.) South Central Regional Juvenile Detention Grant 2027 Award Letter. 4. METRAPARK MetraPark Trust Check Log June 2026. 5. PLANNING DEPARTMENT FFY27 Billings MPO Unified Planning Work Program (UPWP) Recommendation to PCC. 6. SHERIFF 2026 Montana Fair Stipend for Sheriff Deputies TABLED. 7. HUMAN RESOURCES PERSONNEL ACTION REPORTS Clerk and Recorder 1 Appointment, 1 Termination; IT 1 Termination; MetraPark 1 Termination; Youth Services Center 1 Salary & Other; Finance 2 Salary & Other, 1 Termination; Sheriffs Office 1 Salary & Other, 1 Termination; Detention Facility 1 Termination; IT 2 Salary & Other.
FILE ITEMS 1. CLERK AND RECORDER A.) Sworn Statements of Circulation from Billings Gazette and Yellowstone County News. B.) Board Minutes Yellowstone County News. 2. CLERK OF DISTRICT COURT Checks and Disbursements for June 2026. 3. COMMISSIONERS A.) Board Minutes DUI Task Force June 2026. B.) Board Minutes Allies in Aging Board Minutes January 2026 May 2026. 4. PUBLIC WORKS A.) Contract with Rock Solid Excavating, Inc. B.) Contract with Rock Solid Excavating, Inc. C.) Contract with Jim Rooney Excavating, Inc. Commissioner Waters made a MOTION to approve the amended Consent Agenda and place the File Items to file, Commissioner White seconded. Passed Unanimous.
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