Commissioners Proceedings

August 3, 2015

   9:00 AM CONVENE

  PRESENT William L. Randash, Chairman; Steve Baldwin, Deb Ranum, members, Lani DeBuhr, Clerk

Fallon County Courthouse


  Present: Ken Griffith

  Ken Griffith and the Historical Society would like to have a “Welcome to Baker” mural painted on the south side of the Museum. It would cost $6100 and the Historical Society would pay for half of the mural. Ken asked the Commission if the County would pay for the other half and the Commission agreed to contribute $3050 for the mural.

  9:05AM Dave Havens, member of the public, joined the meeting.


  Present: Don Dilworth, Superintendent of Schools

  Don Dilworth asked the Commission to consider letting him use the office that has been vacated by Julie Straub, Human Resource Manager, for his Superintendent of Schools duties. The Commission said they will discuss it and let him know their decision.


  Debbie Wyrick, Deputy Clerk & Recorder, asked the Commission if they wanted to insure the new sound system at the Fairgrounds and the Airport’s sweeper broom. The Commission wants the sound system insured and will talk to Roger Meggers, Airport Manager, and Alba Higgins, Shop Foreman, about insuring the sweeper broom before making a decision on it.


  The Commission asked Lani DeBuhr, Clerk & Minute Taker, to begin making an abbreviated edition of the minutes to submit to Fallon County Times and post on the Fallon County website. This decision was made due to the public voicing concern on the minutes being too lengthy and to save money. A complete set of minutes will continue to be available at the Clerk & Recorder’s office for the public to have access to.


  Present: Alba Higgins, Shop Foreman; Mark Sieler, Road Foreman

  Shell Oil Road- Commissioner Ranum asked if the Shell Oil Road can be bladed when they get moisture and Mark Sieler said they will blade it.

Airport Broom Insurance- The Commission asked Alba Higgins if he thought the Airport broom should be insured. Alba said no since it will be stored in a hangar and used very seldom outside of the Airport.

  Prince Inc. Chips- The Commission asked the Road Department crew to pick up the chips that Prince Inc. left for the County on the land they leased.

Underground Storage Tank Inspections- The Road Department passed the inspections for their tanks this year.

  Fuel- Alba said Dale Butori, Weed Supervisor, has two blown fuel pumps in his equipment due to the ethanol in the fuel. Alba asked the Commission if they want him to start getting premium fuel to avoid these types of problems. The premium fuel is more expensive but may alleviate the problems they are seeing in the County equipment, especially with the small engine equipment. The Commission gave Alba permission to change the fuel to premium at the County Shop.

  Auction Items- The Landfill truck will be sent to the County Auction “as-is” and the problems it has will be disclosed to the buyer. The cemetery is being given a 92’ Dodge from the Road Department and the Commission would like to send the 79’ Chevy half ton from the cemetery to the Auction. The Commission will have Iven Felt, Cemetery Caretaker, come in to discuss sending this truck to the Auction. The 2130 tractor from the Fairgrounds is slated to be sent to the Auction. The Commission was told by the Fair Board they would like another tractor. Because of this they would like the Fair Board to consider keeping the 2130 tractor rather than sending it to the Auction. They asked Lani DeBuhr, Fair Board member, to put this on the Fair Board agenda to discuss.

  Mowing- The crew will start mowing in the next couple of weeks.

Toro Mower & Jacobsen Mower for Fairgrounds- Alba Higgins would like to require the youth working at the Fairgrounds to take a class on operating machinery before they can operate the large mowers. The Commission agreed and would like Alba to do the class with these employees.

  Anticline Road- The Anticline Road is surfaced up to the Cabin Creek Office and they will be working on the loop next.

  10:20am- Shannon Hewson, Brosz Engineering, joined the meeting.

  Sparks Bridge- There is a delay in getting the 404 permit approval for the Sparks Bridge. Shannon Hewson would like to call Robert Cole with the Army Corps of Engineers to find out why the approval is being pushed back to September 4th, 2015 as Robert’s letter stated.

  Kramlick/Sparks Bridge Contract – Diamond J Construction sent an email to Shannon Hewson asking for a month extension to start the project due to them working on a project in Miles City. This would push the deadline for the project into the cold weather. The Commission does not want the project extended one month because of this. Shannon will let Diamond J Construction know their request for an extension is denied.

  10:35am- The Commission called Robert Cole with the Army Corps of Engineers to discuss the Sparks Bridge via conference call.

  Robert Cole said he is working on the permit today and expects to get the permit approved and mailed out the first part of next week.

  10:40am- The conference call with Robert Cole ended.

  10:50am – Alba Higgins, Mark Sieler and Shannon Hewson left the meeting.


  Present: Trenton Harbaugh, Sheriff; Julie Straub, Human Resource Manager

  Trent Harbaugh said he disagrees with the wages set for the Detention Officers by the Commission on July 20th, 2015. He thinks the Detention Officers who have to attend four weeks of training at the Law Enforcement Academy should have pay equivalent to the Dispatchers. He said in comparison, the dispatchers only have to attend a one week training at the Dispatch Academy. Trent would like the Detention Officer’s base pay equal to the Dispatcher’s base pay without the 75 cent/hr increase Dispatchers receive while monitoring prisoners. The Commission and Trent discussed the impact on the County financially when hiring four new employees and the cost of liability when not having jail coverage. Julie Straub asked the Commission to reconsider the wages they set for the Detention Officers. Trent said Brenda Hoeger, Dispatch Supervisor, is concerned if the Detention Officer wage is comparable to Dispatcher wages she may lose some of her employees that want to be Detention Officers. Julie said this should not be a factor in considering the wages to be set for the Detention Officers as it is a good thing if a County employee finds another position that suits them better.

  11:20am- Darcy Wassman, County Attorney joined the meeting.

  Commissioner Baldwin made the motion to rescind the motion made on July 20th, 2015, that set the Detention Officer wages at $18.00/hr starting wage, $19.00/hr after six months of employment and $20.00/hr after one year of employment. Commissioner Ranum seconded the motion. 3 Ayes. 0 Nays. The motion to rescind the motion made on July 20th, 2015, carried unanimously.

  Commissioner Ranum made the motion to set the wages for the Detention Officers at $19.00/hr starting wage, $20.00/hr after the Detention Officer completes Law Enforcement Academy Training and $21.00/hr after one year of employment. Commissioner Baldwin seconded the motion. Chairman Randash asked for discussion on the motion. Trent Harbaugh suggested any Detention Officer he hires that has already attended the Law Enforcement Academy Training be paid $20.00/hr starting wage. The Commission agreed and included in their motion that any Detention Officers hired that have completed the Law Enforcement Academy Training will start at $20.00/hr. 3 Ayes. 0 Nays. The motion carried unanimously.

  11:30am- Trenton Harbaugh and Julie Straub left the meeting.


  Present: Rich Batterman, City of Baker Attorney, previous County Attorney; Darcy Wassman, County Attorney

  Rich Batterman came in to respond to the letter he received from the Commission on July 20, 2015, regarding County files and the County Attorney Bank Account. Rich said he has returned all the files and closed the account over a month ago and gave the Commission a letter dated 07/29/2015 detailing this.

  11:35am- Richard Batterman left the meeting.

  11:40am- Darcy Wassman left the meeting.

12:00pm- Dave Havens, member of the public, left the meeting.


Commissioner Baldwin made the motion to recess. Commissioner Ranum seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.

12:50pm-Dave Havens, member of the public, joined the meeting.


Commissioner Baldwin called Senator Tester to notify him of the delays and issues the County has been having with permits and the EPA in regards to the Baker Lake.


  Commissioner Ranum made the motion to approve the July 20th-July 24th, 2015, Commission Minutes with revisions. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.


  The Commission reviewed and approved the July End of Month Claims in the amount of $556,202.08 and they are filed in the Clerk & Recorder’s Office.

  2:30pm- Dave Havens left the meeting.


The Commission received a message on July 30, 2015, from Fidelity stating they were not going to sign the lease. They said they have moved all of their items off the land but there are items on the land left by Haliburton. Fidelity has attempted to get in touch with Haliburton asking them to remove their items and have been unsuccessful. The Commission will have Darcy Wassman, County Attorney, draft a letter to Haliburton telling them to remove their items from the land.


Present: Debbie Wyrick, Deputy Clerk & Recorder

  The Commission told Debbie Wyrick, Deputy Clerk & Recorder, they don’t want insurance on the Airport sweeper broom since it will be stored in the hangar and used at the Airport the majority of time. The Commission said they want to insure the sound system at the Fairgrounds. The cost will be approximately $144 per year.

  Air/Ambulance Claim- Debbie said EBMS received an appeal from the provider for the Air/Ambulance claim that was discussed last week.

  Fleet Pickup- Debbie said the pickup has temporary tags and insurance. They are currently working on getting the title for the pickup and the Commission said it can be used in the meantime by County employees. This will allow the Malibu that is slated for the Auction to be sent to the Road Department to get ready for the Auction.


Present: Don Dilworth, Superintendent of Schools; Brenda Wood, Clerk & Recorder

  The Commission asked Don what they should do with the Superintendent of Schools position once he retires from it June 30, 2016. Don said a lot of counties have dropped the position if they no longer have any country schools. Don said he spent 82 hours doing Superintendent of Schools duties last year and approximately an hour a month was doing administrative duties. Don said he keeps track of the homeschooler submissions but has no jurisdiction over them as mandated by the State. He assists with truancy home visits but it is ultimately the school’s responsibility. Don said some counties have hired secretaries to take care of the administrative duties rather than a Superintendent of Schools. The Commission and Don will look at their options as his future retirement date comes closer.

  The Commission gave Don permission to use the office space he requested earlier in the day for his Superintendent of Schools duties. The Commission will also have the elections supplies stored in this office.


The Commission received one letter of interest from Ruby Bruce to serve on the Council on Aging Board for a term of three years from 2015-2018.

  Commissioner Baldwin made the motion to appoint Ruby Bruce to serve on the Council on Aging Board for a term of three years from 2015-2018. Commissioner Ranum seconded the motion. 3 Ayes. 0 Nayes. The motion carried unanimously.

  The Commission received one letter of interest from Sandra Kinsey to serve on the County Board of Adjustments for Workforce Housing.

  Commissioner Baldwin made the motion to appoint Sandra Kinsey to serve on the County Board of Adjustments for Workforce Housing. Commissioner Ranum seconded the motion. 3 Ayes. 0 Nayes. The motion carried unanimously.


  Present: Forest Sanderson, Kadrmas, Lee & Jackson (KLJ); Mary Grube, Planner Administrative Assistant

  The Workforce Housing Public Hearing before the Planning Board is tonight and Forest Sanderson wanted to check in with the Commission to see if they needed anything from him while he is in town. After the hearing, the next step will be Forest sending a Resolution of Intent to the Commission. A public hearing will be set if the Resolution of Intent is adopted and signed by the Commission and that will lead to the Workforce Housing Resolution being adopted if the Commission desires. The Commission asked if the Workforce Housing Resolution would impose on the TransCanada workforce housing agreement with the County. Forest said no it will not as the TransCanada agreement preceded this resolution.

The Commission asked Mary Grube for a subdivision update and she said she will get one for them.

  The Commission told Forest they had only one applicant for the Board of Adjustments for the Workforce Housing. Forest said he was surprised by the lack of interest as a Board of Adjustments is a quasi-judicial board that has power to make decisions. Mary suggested doing a write up in the newspaper explaining what the Board of Adjustments is. The Commission asked Forest if he could also have a meeting to explain what the Board of Adjustments is and how it operates and he said he would.

   The Commission asked if engineering fees will begin to decrease now that the economy here is sluggish. Forest said in general yes, as their costs and prices fluctuate with the free market.


  Commissioner Baldwin made the motion to recess for the evening. Commissioner Ranum seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.


AUGUST 4, 2015


  PRESENT William L. Randash, Chairman; Steve Baldwin, member; Lani DeBuhr, Clerk

Absent: Deb Ranum, member Fallon County Courthouse

  9:00 AM – Dave Havens, member of the public, joined the meeting


  Present: Julie Straub, Human Resource Manager

  Indoor Shooting Complex Staffing- Julie is meeting with Darcy Wassman, County Attorney, tomorrow to work on the job description for the Contracted Manager position at the Indoor Shooting Complex. The hours the facility would be open to the public would begin with 20 hours per week, Thursday and Friday 4-8 pm, Saturday 9 am-5 pm and Sunday 2-6 pm and will be staffed by a contracted person. The Gun Range Board wants a person on site at all times the facility is open but there is no statute dictating this is required. The Board also wants the outdoor shooting range monitored by the person hired for the Indoor Shooting Complex. The Commission discussed what they will do if the contracted person is unable to work due to illness or vacation and the possibility of having the Baker Police Department covering shifts when needed. The Commission and Julie discussed the selling of targets, ear plugs and safety glasses at the facility. The Board is still finalizing the fees they want to charge for the use of the facility. Julie said the contracted position should be subject to pre-employment drug and alcohol testing and background testing. Julie spoke with Trent Harbaugh, Sheriff, about staffing the facility and he asked if the contracted person will be allowed to carry a gun while working as the people using the facility will be armed. Julie asked the Commission to consider this and it will be discussed in the future.

Julie has contacted Dakota Securities to get more information on the surveillance of the facility and the possibility of using a card control system in addition to surveillance. Commissioner Baldwin asked Julie to contact Kenco Securities and Phillip Randash about other security systems. The Board was against the idea of a card control system that was suggested at the Board meeting on Friday, July 31, 2015.

  Rate of Pay Approval Forms- Julie gave the Commission Rate of Pay Approval Forms for DeLayne Robbins, Paul Christ, Joe Janz and DuWayne Bohle for the Commission to sign. Delayne Robbins and Paul Christ will receive a rate of pay increase due to being employed with the County for six months. Joe Janz and DuWayne Bohle will receive a rate of pay increase as per the Commission’s motion on July 20th, 2015.

  9:35 AM – Commissioner Ranum joined the meeting.

Commissioner Baldwin made the motion to approve the October 6, 2014 Commission Minutes with revisions. Commissioner Ranum seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.


  Present: Joe Janz, Outside Building Maintenance Supervisor; Julie Straub, Human Resource Manager

  Rifle Range- The Commission and Joe Janz discussed who would be responsible for maintaining the heating system and responding to the alarm going off and no decision was made on who would be responsible for that. The Commission and Joe discussed getting a propane generator for the Indoor Shooting Complex in the event of a power outage.

  Museum- Karen Banister, Museum Curator, wants Joe and Duwayne Bohle, Special Projects Technician, to replace the carpet on the entrance ramp at the Museum and they are planning on doing this. The Commission voiced concern about Joe and DuWayne starting to do too many jobs outside the realm of their responsibility again.

  Shared Duties- Julie Straub suggested the staff begin communicating better with each other and working together to get things done for the benefit of the County. Joe and the Commission discussed different tasks he and DuWayne could begin doing. Joe suggested rolling the Barn Manager position at the Fairgrounds in with his and DuWayne’s duties and eliminating that positon. The Commission suggested Joe talk to the Fair Board about that recommendation before they would consider it.

  Wages- Joe said he is satisfied with his wages and thanked the Commission. He said his recent wage increase is what has caused him to consider doing more tasks for other departments. The Commission said they would like Joe to continue helping other departments with their outside maintenance needs if he desires but to leave the Inside Building Maintenance to Lynda Herbst, Inside Building Maintenance Supervisor.

  Sidewalks- Joe is going to repair the curb until the repairs for all of the sidewalks can be done next year. The Commission said due to the project costing over $80,000 it will need to go out to bid.


  Present: DuWayne Bohle, Special Projects Technician; Julie Straub, Human Resource Manager; Joe Janz, Outside Building Supervisor

  Rifle Range – DuWayne Bohle gave the Commission a copy of his project report that lists what still needs to be completed at the Indoor Shooting Complex. The Commission and DuWayne discussed the various things that need to be finished and who is responsible for those items.

  Job Description- DuWayne asked for his job description and the Commission said they are still working on finalizing it. They will give him a copy of it when it is complete.

10:45am – Joe Janz and DuWayne Bohle left the meeting.

  The Commission reviewed and discussed DuWayne Bohle’s job description and will work on making revisions to it in their next Commissioner meeting.

  10:55am- Julie Straub left the meeting.


Present: Angie Rabbitt, Recreation Department Director

  Youth Rodeo Day- There were 28 contestants this year. The date for this year’s event was the same as Rhame’s Youth Rodeo and Ekalaka’s Youth Rodeo so she is considering moving the date next year to avoid this although she has reservations of doing this.

Rec Dept. Budget- Angie Rabbitt gave the Commission a copy of her FY2015-2016 budget to review. Angie broke the budget down by program as this is how she determines what programs to keep or drop in coming years. She said the Adult Education programs are fully funded by the School District. The Commission asked if Angie was planning on doing the Alberta Bair Theatre trip this year and she said yes she was going to try to do it.

Movie Nights- Angie has three movie dates set for this coming year and plans to sell her own concessions at them.

  3 on 3 Basketball Court- The Commission asked Angie if she has used the 3 on 3 Basketball Court for anything and said she has considered it but has not. She said right now people are using that area as a dog park since the baseball fields have been locked up.

Baseball Program – Angie said having volunteer coaches this year for the Baseball Program was successful and helped with her budget deficit. She plans on continuing to operate the program this way in the future. Angie is going to suggest the Rec Dept. handle the concession stands in the future to help with offsetting the program expenses.

  Storage Container- Angie gave the Commission quotes for a storage container from Griffith Excavating for an 8x8x20 foot container for $4000 and a quote from Man Cave out of Glendive for an 8x8x40 foot container for $4300. The Commission approved Angie purchasing the 40 foot container for $4300 from Man Cave to ensure she has enough space for all of her items. The Commission will talk to Scott Rabbit, Parks Director, and Alba Higgins, Shop Foreman, to inquire about placing the storage container in the Shop yard.

  Bowling League- Angie has 14 kids participating in the Bowling League and trophies will be given out at the end of the program.

  Soccer League- Angie had 30 kids participate in the Soccer League this year.

  5th and 6th grade Football League and Soccer League- Angie will have the sign-ups for these programs out in the next few weeks. She is working on getting coaches for the Soccer League and the new City of Baker Police Officer, Cameron Farrell, will be coaching the football league.

  11:35am- Angie Rabbitt left the meeting.


  11:45am- Mary Grube, Planner Administrative Assistant; Julie Straub, Human Resource Manager; joined the public comment meeting.

  Mary came in to discuss the Trotter & Associates invoices after being asked questions about them by the Commission. She explained the invoice items she was aware of to the Commission. Julie Straub, Human Resource Manager, suggested meeting with Faron Henderson, Contracted Planner, and Mary to discuss the invoice in detail. The Commission would like Clayton Hornung, City of Baker Mayor, and Kevin Dukart, City of Baker Administrator/Treasurer, at the meeting to discuss the City’s Trotter & Associates bill also. The Commission set a meeting for Thursday, August 6, at 9am to discuss the invoices with Faron.

  11:55pm- Mary Grube and Julie Straub left the meeting.

12:00pm- Richard Menger, Sanitarian, joined the meeting.

Richard Menger came in to talk to the Commission about the mice infestation at a local business. Richard said controlling the mice will be difficult as the access points are numerous. Richard has drafted a letter that he will send to the business ordering them to remedy the issue.

12:10 pm- Dave Havens, member of the public, left the meeting.


Commissioner Ranum made the motion to recess for lunch. Commission Baldwin seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.

1:05 pm- Dave Havens, member of the public, joined the meeting.


  Present: Bob Brenner, Tab Electronics

  Alarm & Security System- The Commission asked Bob for his opinion on equipping employees who work by themselves with a radio or some sort of alarm system to alert someone they need help. Bob Brenner said some of the radios have a two way emergency button that will put an alert up on the channel they are on but those radios are expensive. Bob said they do have smaller radios that are available but isn’t sure which ones have an emergency function. Bob said a limitation with either of these radios would be taking the radio coordinate data and displaying it on the 911 maps so the dispatchers could track where a person is located when the alarm is set off. Bob will talk to Bulberry, the company that provides the County’s 911 maps to see if the radio coordinates could be displayed on the 911 maps the County uses.

Commissioner Radios- The Commission asked Bob about radios for the Commission to use. The radios they have now are large and aren’t always reliable. The Commission would like smaller radios that work consistently. Bob will do research on the radios and get back to the Commission with his recommendations.


  Present: Clayton Hornung, City of Baker Mayor; Kevin Dukart, City of Baker Clerk/Treasurer

City Budget- Jim Wosepka, Certified Public Accountant, said when revenues are deposited to fund capital projects it becomes a government fund that has to be budgeted for and spent out of the appropriate account. Jim advised the City find out what the County’s plans and restrictions would be for the revenue funds they give the City so they are clear what the expectations are for the funds. The City received their taxable values and are finishing up their budget to submit to the City Council on August 19, 2015. Kevin said the City made no gains this year with the increased taxes, the funds they received based on inflation only. The Commission said they can draft a memorandum of understanding that will give the amount of money the County will contribute towards the City in the coming year for infrastructure expenses. The Commission asked Kevin to give them a copy of his finished budget so they can see where the City needs assistance and can give money and set restrictions appropriately.

  Well 5- Clayton Hornung said they are waiting on parts to repair this well still. They have another well that is down but he isn’t sure they will be able to get a permit to repair it as the permit was denied in 2012. They plan on working with an engineering company to set up a plan for the repairs and replacement City wells and water lines.

  Lagoon- Kevin Dukart said there is enough in the sewer fund to complete the lagoon expansion.

  Rates- The City will have a rate hearing in September to increase the garbage rate by $3.50 and water rate by $3.00, the sewer rate will stay the same. Kevin said they will still be $35 under the target rate but they are making progress.

  City Sweeper- The City is getting quotes for a new sweeper and the County will contribute $40,000 towards the purchase of it.

  Keirle Road Culvert- The City submitted a bill of $11,700 for the installation of the Keirle Road Culvert the City had done. The County is responsible for the expense of this as it is an underground culvert. The Commission said in the future they would like to know about projects like this before the work is done so they have the option of having their Road Department crew do the work rather than hiring it out.

Trotter & Associates Invoices- The Commission and Clayton reviewed and discussed the Trotter & Associates invoices they will be discussing with Faron Henderson, Contracted Planner, on Thursday, August 6, 2015 at 9am.

2:35pm- Clayton Hornung and Kevin Dukart left the meeting.


  Present: Mary Grube, Planner Administrative Assistant

  Plat Status- Mary gave the Commission her Plat Status Report for them to review. The Commission and Mary discussed the status of the subdivisions who have not met the conditions or have to start the process over. The Plat Status Report is filed in the Planner’s office.

  Planner Budget- Mary gave the Commission a detailed list of the items she would like included in this year’s budget. Mary is in need of a new laminator as her laminator is about to stop working. Mary is waiting for laminator prices from Gary with Southwest Business Machines. There is also a large, used laminator at the high school that Mary is going to look at to see if she would be able to use it. Mary would like to take a primer course for GIS mapping and budgeted for that. Mary also added money to the budget to pay for the contracted planners.


  Present: Jerrid Geving, Pat Ehret, Lani DeBuhr, Fair Board members; Julie Straub, Human Resource Manager

  Arena- The Commission asked the Fair Board about the corners on the arena as they have received feedback from people stating it may be dangerous to the animals. Jerrid Geving said two of the corners of the old arena were always square and the new arena has one rounded corner and three square corners. Jared said him and Wanda Pinnow, Fair Board President, reviewed and discussed the size and shape of arena with the Fair’s stock contractors, Jim and Wally Mosbrucker, prior to construction and they didn’t voice any concerns about the square corners.

  Rodeo Office- The rodeo office is being worked on today and will be done tomorrow.

  Sound System- Walt Losinski with Midnight Express and Justin Zich with JZ Sound are working on installing the new sound system this week.

Fair Schedule- The Fair Board would like the Fair Schedule to be set in the future to be based on the 3rd Saturday in August rather than the 3rd Friday of August. This will alleviate the problem we are having this year and every five years with being the same weekend as Miles City’s fair.


Present: Jerrid Geving, Pat Ehret, Lani DeBuhr, Fair Board members; Richard Griffith, Griffith Steel; Fred, Brittani Lyson, John Geving, Phillip Huft, Julie Stanhope, Reba Kolasch, Bruce Kolasch

  The Commission would like the building torn down after the fair and the cement pad and utilities installed in the fall. In the spring the new building by the end of May. The American Lutheran Council members want a plan in place prior to building coming down and gave the Commission and Fair Board a Surrender and Lease Agreement to review and sign. The Commission will have Darcy Wassman, County Attorney, review the agreement. The new seating area around the building will need to be at least ten feet away from the building if the number of persons in the seating area and stand exceed 100 people, which is expected. The Commission will look at the seating area at the Fairgrounds on Thursday, August 3, 2015 when they do site visits. The existing grill in the current building will be used in the new building, all other items will be new. The Lutheran Council members would like the building wider, extending to the west side. There is an existing electrical unit to the west of the building and Jerrid Geving will call Montana- Dakota Utilities to ask if the electrical unit can be moved to another location. The Commission asked the Lutheran Council members to meet with Richard Griffith to design a plan for the building. The Lutheran Council members asked the Commission if the County was going to pay for all items except the grill and the Commission said yes. The Lutheran Council members suggested looking for items in good, used condition to put in the building rather than purchasing everything new to save money. The Commission said they will talk to Debbie Wyrick, Deputy Clerk & Recorder, to find out if purchasing used equipment would affect the insurance coverage of the new building. The Commission set an appointment to meet with the Lutheran Board on Monday, August 10, 2015 to follow up on the issues discussed.


AUGUST 5, 2015


  PRESENT William L. Randash, Chairman; Deb Ranum, Steve Baldwin, members; Lani DeBuhr, Clerk

Fallon County Courthouse


  Present: Scott Rabbitt, Parks Updates

  Ironhorse Park- Construction on the park is nearly complete. Gamut Construction is almost finished with the concrete at Ironhorse Park. There is a small amount of rubber mulch left to lay down and then they will start grass seeding. The pump track contractor still needs to put in the skills course features in the future. Scott took four tables from the high school to put at the Skate Park and asked the Commission for permission to pay for replacement tables at the high school. The Commission gave Scott permission to replace them.

  Sidewalks- Gamut Construction is continuing to work on the sidewalks and will start on the east side of town in the next two weeks.

  Garbage Cans- The Landfill has several large water buckets they are disposing of. The Commission asked Scott to look at the buckets to see if he could use them as garbage cans around the parks.

  City Park Walk Bridge- Scott said the bridge was torn out when they cleaned the creek channel in the City Park. Scott is waiting for his City budget to get approved to build the new bridge.

  Tent Usage- The Ekalaka Chamber of Commerce will be picking up the tent to use for the Days of 85’ today.

  Budget/Projects- Scott gave the Commission a list of items he included in this year’s budget and they are four lights with timers for the Ironhorse Park, continue installing sidewalks around the lake in stages over the next four years, installing new lights at Softball Complex, expand the size of the base path and installing a new playground at the Complex. Scott gave the Commission suggestions for future projects also such as a Dog Park, Frisbee Golf Course in an area around the Softball Complex and a picnic shelter at Ironhorse Park. He would like to replace equipment at one piece every other year starting with his oldest mower also.

  Floodplain- Scott has visited with Faron Henderson, Contracted Planner, about the need to get floodplain permits for any improvements he does to parks that are in the Floodplain.

  9:35am- Scott Rabbitt left the meeting.


  The Commission reviewed the Department of Revenue lease agreement. The only correction that needs to be done is having the square footage of space the Revenue office uses in the basement of the Courthouse added to the lease agreement. The Commission discussed switching the offices between the Revenue office and the Treasurer’s office. Barb Ketterling, Treasurer, said the Revenue office would give them more room and serve their purposes better but is alright if they do not switch offices. The Commission is concerned about the cost of switching offices and would like to determine what would need to be spent prior to making a decision on switching offices.


  Present: Rich Menger, Sanitarian

  Grants for Baker Lake Mitigation Project- Rich said there are two Fish, Wildlife & Parks grants that may be available for the Baker Lake mitigation project. The Community Pod grant is a $25,000 grant and the Future Fisheries Grant varies in the dollar amount awarded. Rich is going to talk to Mat Rugg with Fish Wildlife and Parks to get his opinion if the grants would be a good fit for the mitigation project. If Rich gets Mat’s support he will apply for both grants. The Commission gave Rich information on two federal grants that may be available also and he will do research on them. Rich said the County has a lot of local support to mitigate the Lake and improve it.

  Baker Lake Mitigation Project- Rich is going to contact Tom Parker with Geum Consulting to ask if he has contacted potential engineering firms to work on the project. Rich gave the Commission a copy of the Restoration Plan Approach for Baker Lake drafted by Tom Parker with Geum Environmental Consulting for them to review.

  Drain Fields- Rich said it is a requirement to have an inspection done by the local sanitarian prior to an owner putting in a drain field. He recently had an incident where someone started building their drain field without an inspection by Rich prior to construction. Rich has since inspected the drain field and has told the owner what needs to be corrected as it was done incorrectly.

  Plevna Garage- The owner of the Plevna Garage has two more days to demolish the building. If it is not demolished Rich will turn the matter over to Darcy Wassman, County Attorney, and if the County has to demolish the building the expense will be the owners.

10:25am- Rich Menger left the meeting.


Indoor Shooting Complex- Commissioner Baldwin called Richard Griffith with Griffith Steel to request a copy of the Indoor Shooting Complex blueprints for the County to have.

Mid-Rivers Encroachment Permit- The Commission reviewed the Mid-Rivers encroachment permit to relocate, replace and retire facilities along the Ollie Road (CR336). Commissioner Randash, as Chairman, signed the encroachment permits.

  Audit Review- The Commission reviewed and signed an Audit Review report Debbie Wyrick, Deputy Clerk & Recorder, drafted.


  The Commission reviewed and approved July 2015 time sheets, payroll & withholdings in the amount of $459,093.02 and they are filed in the Clerk and Recorders office.


  Baker Air Service, Airport Aviation Fuel- $354.55; Baker Air Service, Hangar Rental- $675; State of MT Department of Transportation- Road St Aid, Fuel Tax Rmb- $4,131.21; State of MT Deparment of Health and Human Services, Alcohol Rehab- $1,379; Continental Resources, Oil/Coal/Gas- $5,820.09; Denbury, Oil/Coal/Gas- $4,956.02


  Fallon County Detention Center- July 2015 (0 County Prisoners, 4 City Prisoners with a total of 61 days in jail)

Town of Plevna- Plevna Water Phase 2 Project Updates for weeks of 07/25/15 and 07/20/15

  Montana Department of Revenue- Distribution of Oil and Natural Gas Production Tax for 1st Quarter 2015 Report

  Retirement Complex – Change Request for FMC LTC Basement Remodel submitted by Stevenson Design

  Planner- Upper Baker Lake 5 Year Engineer Inspection completion notice, Planning Board Agenda for August 3, 2015 meeting, Planning Board By-Laws, Planning Board Minutes for July 6, 2015 and July 21, 2015

  Treasurer- July 2015 Treasurer’s Cash Up Report, Cash Receipt Balancing Report

Baker Rural Fire District- July 2015 Warrants issued in the amount of $49,834.91

Plevna Rural Fire District- July 2015 Warrants issued in the amount of $9,359.05

  Senior Center- Senior in Action Newsletter

  Airport- Jet Fuel Revenue report

  Special Projects- DuWayne Bohle, Special Projects, submitted a Special Project Reports dated 07/23/15, 07/29/15 and 08/05/15 to the Commission. The report is filed in the Clerk & Recorder’s Office.

  EMAILS- The Commission reviewed the emails sent to them from State agencies and other entities that required no action or decision.


Commissioner Baldwin made the motion to recess. Commissioner Ranum seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.



  The Commission reviewed and Commissioner Randash, as Chairman, signed the following journals:

  Journal 675- FY2015 Weed Inventory booked for the fiscal year, $26,773.68

  Journal 677- Correct coding for Parks projects to match project expenditure codes, $24,645.60

  Journal 678- Correct coding for Fair projects to match project expenditure codes, $56,286.38

  Journal 679- Correct coding for Fair projects to match project expenditure codes, $41,679.11

  Journal 681- Moved Homeland Security reimbursement to revenue account, $31,479.99

  Journal 682- Correct coding for Rifle Range project to match project expenditure codes, $3,289.90

  Journal 683- Correct coding for Dispatch to match project expenditure codes, $22,060.58

  Journal 684- FY2015 to get Ambulance bookkeeping into County books, $273,476.97

  Journal 685- Correct coding to match project codes for FY2015 911 towers, $19,602.85


  Present: Iven Felt, Cemetery Caretaker

  Cemetery Trees- Iven Felt said 10-11 trees that were transplanted last year have died. There are trees that have matured and are too close together. Iven suggested moving some of these live trees to the area where the dead trees are. The Commission suggested Iven talk to Rich Menger, Sanitarian, about transplanting the trees to find out if they will die or survive if transplanted. The Commission told Iven if he needs help pulling the dead trees up he could use County equipment to do so. Iven said Micki Duffield has a tree puller he could use also. Iven has talked to John Beach about using his manlift to trim the trees again this year.

  Cemetery Budget Items: Iven would like to replace the garage door at the cemetery with a larger door as there is very low clearance on the old door and it is in rough shape. The Commission asked Iven to get a quote for a garage door to present to the Commission. Iven said the John Deere 540 tractor at the cemetery needs to be traded soon as it has approximately 600 hours on it. The throw out bearing and clutch are going out on the Oliver 77 tractor. Iven would like to repair it and has located parts for it in Sturgis, SD that he can order. The Commission will come out to the Cemetery to look at the tractors and door to see what they would like to do with them.

  Cemetery Pickup- The Commission asked Iven if he would agree to be given a Dodge pickup from the Road Department and send his old truck to the Auction. Iven said he would agree to that.


  Greg Gunderson, member of the public, came in to ask the Commission if they abandoned the road by his house. The Commission said they did not abandon the road in order to have the ability to take action for the misuse of the road by a neighbor of Greg’s.


  Present: Dick Malcolm, Weed Board member; Dale Butori, Weed Supervisor; Darcy Wassman, County Attorney

  The Commission received a complaint from a landowner whose weeds were sprayed without an easement. They would like Dale Butori’s crew to know the roads well so this doesn’t happen in the future. Dale said there isn’t a written list of the roads that have easements and the speed at which they need to spray the roads makes it difficult for his crew to ensure all the easements are accounted for. Dale gave the Commission a letter from the crew member that sprayed the road without an easement explaining how the situation arose and how it ended on good terms with the landowner. Dale suggested putting up standardized signs marking the roads that don’t have easements to make it easy for his crew to identify the roads that shouldn’t be sprayed. The Commission said they were concerned about the expense due to the volume of signs this would entail. Dick said there aren’t that many roads that would need signs as all seasonal roads have easements. Darcy Wassman, County Attorney, said posting signs is the responsibility of the landowner and suggested having Dale contact the landowners to post the sign themselves if they do not want their road to be sprayed. Dale said he wastes chemical on roads without easements and would like to post the sign outside of their property lines. Darcy and Dale discussed what the process is when a landowner doesn’t take care of their own noxious weeds when they won’t give the County an easement to do so.

Dale said he doesn’t like spraying all the driveways with his big trucks as you have to be very careful to avoid damaging or running anything over. Dick Malcolm said the Weed Department was originally set up to take care of the noxious weeds, not nuisance weeds along the roads. Dick said the nuisance weeds should be the Road Department’s responsibility. Dale asked what the Weed Department’s priorities should be, dealing with the noxious weeds or spraying the roads for weeds as it is hard to do both well. Dale has spoken with Bobby Wiedmer, Road Supervisor, about having Bobby’s crew spraying for weeds but it would require a crewman(s) getting a license to apply the chemical. Dale said there has also been problems with the blading overlapping the spraying of the roads and having the Road Department handle the spraying of the roads may alleviate this problem. Dale is reluctant to change this as this was the job he signed up for but said it would make sense for Bobby Wiedmer to head up the spraying of the roads if that is what the Commission wants. The Commission asked about what trucks the Road Department would need. Dale said one of the trucks belongs to the Road Department and they could be given another truck and could spray the weeds with these two trucks. Dick thinks the Weed Board would be in support of the Road Department spraying the roads. The Weed Board will discuss this at their next meeting on Monday, August 10, 2015.

  3:50pm- Mark Sieler, Road Foreman, joined the meeting.

  4:00pm- Dick Malcolm and Dale Butori left the meeting.


  County Roads & Speed- The Commission would like to put weight restrictions on the roads out by the Stanhope Addition because the asphalt isn’t thick enough to support the heavy equipment driving on it and the roads are being damaged. The Commission would like the limits set on only certain roads to ensure business owners in that area will be able to drive their heavy equipment on some of the roads. Currently the only weight limits set in the County are set by the State of Montana for the bridges. Darcy said they could draft a resolution to set the weight limits but there would be no repercussions for violators of the weight limit or they could draft an ordinance that would give them the ability to use the law to enforce it. The Commission would like to post the restrictions and draft a resolution rather than an ordinance. The Commission will discuss this with Bobby Wiedmer, Road Supervisor, next Monday, August 10, 2015 to determine what roads should have weight restrictions.

  County Board Resolutions- Darcy will assist Brenda Wood, Clerk & Recorder, in drafting new resolutions for the County Boards as many of the Boards do not have resolutions on record.

  4:15pm- Wanda Pinnow, Fair Board member, joined the meeting.

  4:25pm- Mike Kirschten, Rifle Range Board Chairman, joined the meeting.

  Lutheran Stand Surrender and Lease Agreement- The Commission, Darcy Wassman, Wanda Pinnow and Lani DeBuhr reviewed and discussed the Surrender and Lease Agreement. Several items were mentioned by the Fair Board and Darcy that may need to be addressed and changed such as the length of the lease, the subletting of the lease, and the exclusive right to the building for the entire year. The lease will be discussed at the Fair Board and they will give their recommendations to the Commission. The Commission will then decide what needs to be changed and have Darcy finalize the changes with the Lutheran Council members.

  4:40pm- Wanda Pinnow left the meeting.

  County Leases- The Commission and Darcy Wassman discussed setting rates for the County leases. Mike Kirschten explained how the Bureau of Land Management (BLM) uses AUMs to calculate the rates they charge for the use of their land. Mike suggested the Commission contact Dean Wang, member of the public, to get information on the per acre grazing fees that can be used instead of AUMs. Commissioner Baldwin will contact Dean Wang to discuss this.

  4:45pm- Julie Straub, Human Resource Manager, joined the meeting.

  Rifle Range Contract- Julie Straub gave the Commission, Darcy Wassman and Mike Kirschten a rough draft of the Indoor Shooting Complex Contracted Manager job description for them to review. The contracted person will be supervising the Indoor Shooting Complex for the 20 hours they are open to the public and will perform additional maintenance duties outside of business hours. The facility will available to groups outside of business hours that the Contracted Manager will not need to supervise. Every group will be required to have a Range Master Certified person with them supervising while they are shooting. Julie and Mike discussed getting people Range Master Certified to supervise groups and events when needed. Mike suggested having the Contracted Manager have a base line lead test done prior to employment as they will be working around lead. Darcy is going to review the job description and do more research on the contractor positon and will get back to the Commission on her findings.


  Commissioner Ranum made the motion to recess for the evening. Commissioner Baldwin seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.


AUGUST 3, 2015


PRESENT William L. Randash, Chairman; Steve Baldwin, Deb Ranum, members; Lani DeBuhr, Clerk

Fallon County Courthouse

  9:00am- Dave Havens, member of the public, joined the meeting.


  Present: Faron Henderson, Contracted Planner; Mary Grube, Planner Administrative Assistant; Clayton Hornung, City of Baker Mayor; Julie Straub, Human Resource Manager

  The Commission had Faron Henderson, Contracted Planner, come in to discuss items on his most recent invoices as there was confusion on the items and charges listed. Clayton Hornung, City of Baker Mayor, asked Faron about the charges relating to floodplain work as he thought that was included in the basic fee they are charged. Faron explained the process involved in issuing a floodplain permit and the charges associated with it. After discussing this the Commission and Clayton determined the fees that are assessed to the landowner/developer are not enough to cover the charges incurred for the floodplain work done on their behalf. Faron agreed and said when he started doing the County’s contracted work he thought the fees were low. The Commission asked if they could charge an hourly fee for the work done to the landowner/developer rather than a flat fee. Mary Grube and Faron said it has to be set at a flat rate. Mary and Faron discussed the business that occurred during the month to ensure charging was accurate. The Commission suggested Faron note what project or subdivision each charge on his invoice is for and he said he could do that. The Commission will set up a time to review the fees and costs incurred.

  9:20am- Clayton Hornung left the meeting.

  9:30am- Mary Grube and Faron Henderson left the meeting.


  The Commission reviewed the Special Projects Technican job description and made changes to it regarding the supervision of the position and job duties. The Commission asked Julie Straub, Human Resource Manager, to make the changes and review it with DuWayne Bohle, Special Projects Technician. They scheduled a time to meet with Joe Janz, the Supervisor of the position, to discuss the changes as well.


The Commission reviewed the budgets submitted by the department heads. The Commission will schedule a time for each department head to come in and visit with them individually to go over their budgets.


  Present: David Espeland, Fallon Medical Complex CEO; Selena Nelson, Fallon Medical Complex CFO

  Basement Project- Jackson Construction has a new foreman working on the project now. Now that the floor is done the project is proceeding quickly. David and Selena are planning on moving people in mid-September after the laundry area is done. David said the drainage in this area is flowing but he would like a larger catch basin installed by Diamond J Construction. Selena asked the Commission if they had discussed the need for the hospital to get a loan for the shortfall on the project. The Commission said they have not had a chance to discuss it and Selena said she would get figures together and they could discuss it at their next meeting.

  Heated Ambulance Bay- David was asked in the past about the feasibility of building a heated ambulance bay. He said he did research in modifying the existing canopy but there are regulations they have to keep in line with that won’t allow this option. Dave gave the Commission a drawing he received from Chad with Jackson Construction to build the heated ambulance bay in front of the radiology area where the dirt pile is. They discussed reworking the entryway if the ambulance bay was built also. The estimate for the heated bay would be $350,000 and to rework the entryway would be $150,000. No decision was made at this time.

  East Entryway in Parkview- David would like to redo the east entryway between Parkview I and II to protect the walks from snow cover and asked Chad with Jackson Construction to draw up specs for it.

Emergency Services entry into Parkview- There was a recent incident where EMTs couldn’t get into an apartment due to the resident not being able to open the door. In this incident there was also a mix- up on the apartment number so Karol Zachmann is contacting Lifeline to get information on how the apartments are numbered in their system as they are the company that gave the apartment number to dispatch. Karol Zachmann also talked to the Chief of Police to discuss possible solutions to gain access to an apartment when the resident is unable to open the door. Lisa Mitchell, Ambulance/EMT Director, will be given a plan for the apartments so they know where to go when they are called to the area ahead of time.

  Critical Access Hospital Survey- The hospital had a Licensure Survey done and they are deficiency free in all departments. The license agent was complimentary on how the hospital handles their travel staff and they have great staff.

  Recruitment- The hospital is entering into a contract with a dedicated search firm to find a physician to replace Dr. Espeland when he chooses to retire. The competition is fierce right now in locating physicians and that is why they are using this method. The search firm guarantees finding a physician for $11,000 up front, $2,000 for each referral and an additional $20,000. Selena said this is a standard cost to recruiting physicians. The hospital is competing with areas that have amenities such as shopping and entertainment, things physicians are interested in. Because of this the FMC Board has been brainstorming on highlighting the reasons a physician should come here and have decided to give a $50,000 signing bonus. David and Selena have been talking to outlying areas to find out what they are doing to staff their hospitals as well. David said an example is Glasgow has been encouraging their local youth to pursue the medical field and assisting them with it financially.

  The hospital has recruited two physician assistants to work the weekends in order to take the burden off the current physicians in covering weekends.

  Budgets- The conversion of the new software is going well. They have a surplus of approximately $1 million dollars from their last year’s budget. Selena said even though they have a surplus they are still spending modestly as paying for contracted help is expensive.

  Independent Certified Public Account (CPA) Audit- Medicare requires this audit to be done and it is scheduled for Sept 8-11, 2015 and will be done by Eide Bailey. Selena will contact the Commission while the audit is being done in the event they want to be a part of it or meet with Eide Bailey.

  Medicare/Medicaid- The Commission asked Selena if the hospital had contracted a person or company to do their Medicare/Medicaid billing and Selena said no, they do it in-house. Selena said they have looked at contracting it out in the past and have decided against it due to the infrastructure it would require and it being more cost effective for the hospital to have their own staff do it.

  Veteran’s Choice- The hospital will be listed as a provider for emergency services and lab work by the Veterans Administration. Selena said one of the drawbacks is veterans will have to get pre-approval to have the hospital do the services if they are not their their primary provider.

  11:00am- David Espeland and Selena Nelson left the meeting.


  Present: Lisa Mitchell, Ambulance/EMT Director; Peggy Smith, Teddy Stoddard, Ambulance Board members

  Miscellaneous Activity- Lisa Mitchell has been catching up on paperwork and taking her EMTs on educational field trips. She plans on doing in- house classes this year with her and Steve Schweigert are the instructors.

Recruitment- Lisa is not doing a recruitment classes for a while so she can concentrate on getting all of the current EMTs endorsed so they can do all duties of an EMT.

  Emergency Calls- They have had 200 calls this year and are on track with previous years numbers.

  Ambulances- The Federal Specification KKK-A-1822 is mandating a powerlift in all new ambulances to lift and stabilize cots. The old ambulances do not need to be upgraded but if you buy a new one it has to be equipped with it.

Ambulance Building- Lisa asked the Commission if they had made a decision on building a new ambulance building. The Commission said they are still going through the Capital Improvements and haven’t made any decision on the building yet. They told Lisa the revenues are down and this will impact what funds they can spend. Lisa said she doesn’t foresee any large expense this year and her focus this year will be on personnel and training. Lisa said they can make do with the space they have, especially now that the Brutus side by side is being stored in the trailer by the garage.

Elections-The Board will have elections tonight at their meetings.

Capital Improvement-The Commission asked Lisa what she would prefer to put money towards: a heated ambulance bay, a new ambulance building or a new ambulance. Lisa said she would prefer to purchase a new ambulance as patient care and comfort is their priority.

  Sturgis Rally- Fallon County is a backup emergency care provider for the Sturgis Rally if needed.

  Lucas Device- Fallon County will be getting a Lucas Device with grant funding. A Lucas Device is an automatic CPR compression machine and the EMTs will attend training to operate it.

  Mass Casualty Training-The EMTs will be attending training that Mindi Murnion with Public Health is doing on September 23rd.

  First Aid Station at Fair- Lisa said there will not be a first aid station at the fair due to the EMTs not being interested in manning the station.

11:30am- Lisa Mitchell, Peggy Smith and Teddy Stoddard left the meeting.

11:35am – Julie Straub, Human Resource Manager, joined the meeting.

Julie Straub, Human Resource Manager, came in to review the changes the Commission made to the  Special Projects Technician job description.

  11:40am- Julie Straub left the meeting.

12:00pm Dave Havens left the meeting.


Commissioner Baldwin made the motion to recess. Commissioner Ranum seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.

1:15pm- Dave Havens, member of the public, joined the meeting.


  No one appeared for public comment.


  The Commission went to view sites in Fallon County that have had recent capital improvement projects completed. The sites they visited were Indoor Shooting Complex, Ironhorse Park, Triangle Park, Lagoon and the Cemetery.

  4:30pm Julie Straub joined the meeting.

  Julie asked the Commission if she could purchase a new conference table as the one she has is smaller than she needs. Julie said Stacey Moore, Library Director, would like to buy it for the library. The Commission gave Julie permission to purchase a larger conference table for her office.

  4:30pm Julie Straub left the meeting.


  The Commission discussed tearing down both food booths at once in order to move both buildings further west. After discussing, the Commission decided to not tear down both buildings in order to keep within the budget of the Capital Improvement Project.


C ommissioner Baldwin made the motion to adjourn the meeting. Commissioner Ranum seconded the motion. 3 Ayes. 0 Nays. The motion carried unanimously.


s/William L. Randash,



s/Lani J. DeBuhr, Clerk


s/Brenda J. Wood,

Clerk and Recorder