The Board of Pondera County Commissioners met daily in informal session and in scheduled meetings on October 7, 14, 21 and 28, 2009. Unless indicated, all Commissioners were present.

PUBLIC HEARING ON PROPOSAL TO CLOSE COUNTY OFFICES ON NOVEMBER 27, 2009 AND DECEMBER 24, 2009 - October 7, 2009

At 10:00 a.m. Commission Chair Broesder opened the public hearing on the proposal to close the county offices on Friday, November 27, 2009 (the day after Thanksgiving) and from 1:00 p.m. on Thursday, December 24, 2009 (the day before Christmas). The hearing was noticed in The Independent-Observer and The Valierian on September 24 and 30, 2009 and posted on the bulletin board at the County Courthouse. Members of the public present were John Shevlin, Mayor of the City of Conrad, who spoke in support of the proposed closures. No written comments had been received. The hearing was closed at 10:09 a.m. Commissioner Johnson moved to close the County offices on Friday, November 27, 2009 (the day after Thanksgiving) and from 1:00 p.m. on Thursday, December 24, 2009 (the day before Christmas). Commissioner Christiaens seconded; motion carried.

DISCUSSION AND APPROVAL OF ALIGNMENT OF NEW COUNTY ROAD – October 7, 2009

The Commissioners, Mark Fitzgerald and John Stokes of the Conrad Road Department, and John Shevlin, Mayor of the City of Conrad, met with Jeff Larson of Stahly Engineering regarding the road to be constructed by the County Road Department crew and City of Conrad street maintenance personnel to connect to the overpass that will be built by the Department of Transportation. There were several options presented and discussion of the pros and cons of each were discussed.

Commissioner Johnson moved that Pondera County approve the proposed alignment of the county road along the east side of the City (of Conrad) Industrial Park property. Commissioner Christiaens seconded; motion carried.

DISCUSSION OF BONDING AUTHORITY FOR THE PONDERA MEDICAL CENTER- October 7, 2009

David Doran of the Pondera Medical Center met with the Commissioners regarding the possibility of additional funding. The Commissioners reviewed the possibility of bonding authority for non-governmental facility bonds under the American Recovery and Reinvestment Act of 2009 Recovery Zone Program.

DISCUSSION OF LIBRARY FUNDING- October 7, 2009

The Commissioners met with Carolyn Donath of the Conrad Public Library and Wendy Judisch, Conrad City Council Alderman, regarding funding for the Conrad Library. The Commissioners explained that they had been working on the funding distribution and had decided to leave the distribution at 57% to the Conrad Library and 43% to the Valier Library for the voted levy and to distribute the regular levy at 64% to the Conrad Library and 36% to the Valier Library.

RESOLUTION #7 – APPROVING THE COUNTY BUDGET FOR FY2009-10 – ADOPTED – October 7, 2009

PONDERA COUNTY, MONTANA

RESOLUTION NO. 7- 2009/10

WHEREAS, pursuant to Sections 7-6-4021, 7-6-4024 and 7-6-4030, MCA, the Board of County Commissioners of Pondera County, Montana, has held a public hearing and passed resolutions as applicable on the proposed budget of Pondera County for fiscal year 2009-10 as required by law; and

WHEREAS, Sections 7-6-4034 through 7-6-4036, MCA, provide for the fixing of various tax levies to raise funds sufficient to meet said expenditures authorized in the budget; and

WHEREAS, amendments to the final budget may be made throughout the fiscal year as provided in 7-6-4031; and

WHEREAS the Department of Revenue has provided the County with the certified value of a mill in each taxing jurisdiction in the County, as $13,249 countywide and $10,690 rural; and

NOW, THEREFORE, BE IT RESOLVED that the final county budget as set out below be, and the same is, hereby adopted as the final budget for fiscal year 2009-10 and that warrants be issued in accordance with laws appertaining thereto.

LEVIED FUNDS $ 5,906,202

NON-LEVIED FUNDS 2,737,124

GRAND TOTAL $ 8,643,326

 

BE IT FURTHER RESOLVED that the final budget may be amended throughout the fiscal year as provided in 7-6-4031, MCA.

Adopted this 7th day of October, 2009 as moved by Commissioner Johnson, seconded by Commissioner Christiaens, and passed on a unanimous vote of the board. Effective July 1, 2009.

BOARD OF COUNTY COMMISSIONERS

____/s/ Sandra J. Broesder _________ _____/s/ Cynthia A. Johnson__

Sandra J. Broesder, Chairman Cynthia A. Johnson, Member

Attest:__/s/ Janice Hoppes______ __/s/ Joseph Christiaens____

Janice Hoppes, Clerk & Recorder Joseph Christiaens, Member

RESOLUTION #8 – DESIGNATING COUNTY CLASSIFICATION – ADOPTED- October 7, 2009

PONDERA COUNTY, MONTANA

RESOLUTION NO. 8 - 2009/10

WHEREAS, Section 7-1-2112, MCA, directs the county commissioners to designate the class to which the county belongs as determined by the taxable valuation of the county for the year in which such order is made, in accordance with Section 7-1-2111, MCA; and

WHEREAS, the taxable valuation of Pondera County for fiscal year 2009-10 totals $23,256,150;

NOW, THEREFORE, BE IT RESOLVED by the Pondera County Board of Commissioners that Pondera County is designated a Third Class county, such classification being effective on the first Monday in January, 2010.

Adopted this 7th day of October, 2009 as moved by Commissioner Johnson, seconded by Commissioner Christiaens, and passed on a unanimous vote of the full board. Effective January 4, 2010.

BOARD OF COUNTY COMMISSIONERS

____/s/ Sandra J. Broesder _________ _____/s/ Cynthia A. Johnson__

Sandra J. Broesder, Chairman Cynthia A. Johnson, Member

Attest:__/s/ Janice Hoppes______ __/s/ Joseph Christiaens____

Janice Hoppes, Clerk & Recorder Joseph Christiaens, Member

RESOLUTION #9 – DESIGNATING COUNTY OFFICE HOURS (HOLIDAY CLOSINGS) – ADOPTED – October 7, 2009

PONDERA COUNTY, MONTANA

RESOLUTION NO. 9 – 2009/10

WHEREAS, Section 7-4-102, MCA, grants the Board of County Commissioners the power and authority to set office hours of the County offices (by formal resolution after a public hearing and if consented to by any affected elected county officer); and

WHEREAS, it is the intent of the Pondera County Commissioners to provide its employees availability for a long week-end when certain holidays fall on a Tuesday or Thursday; and

WHEREAS a public hearing on this resolution was conducted on Wednesday, October 7, 2009 at 10:00 a.m. in the office of the Pondera County Commissioners. Notice of the hearing was published in the Independent Observer and The Valierian for two consecutive weeks on September 24 and 30, 2009 and posted on the bulletin board at the County Courthouse, and no elected county officer nor any members of the public objected to the proposed office hours ;

WHEREAS, employees will need to use compensatory time accrued and/or vacation hours to receive pay for the hours normally worked. Employees wishing to work during the affected hours and/or employees who do not have vacation and/or compensatory hours to apply to the benefit hours may work the hours; and

NOW, THEREFORE, BE IT RESOLVED by the Pondera County Board of Commissioners that the Pondera County offices will be closed:

Friday, November 27, 2009 (day after Thanksgiving Day)

in addition to the Thanksgiving Day holiday on Thursday, November 26, 2009;

and

Thursday, December 24, 2009 beginning at 1:00 p.m. (Christmas Eve)

in addition to the Christmas Day holiday on Friday, December 25, 2009

BE IT FURTHER RESOLVED that employees will need to use compensatory time accrued and/or vacation hours to receive pay for the hours normally worked. Employees wishing to work during the affected hours and/or employees who do not have vacation and/or compensatory hours to apply to the benefit hours may work.

Adopted this 7th day of October, 2009 as moved by Commissioner Johnson, seconded by Commissioner Christiaens, and passed on a unanimous vote of the full board. Effective on passage and approval.

 

BOARD OF COUNTY COMMISSIONERS

____/s/ Sandra J. Broesder _________ _____/s/ Cynthia A. Johnson__

Sandra J. Broesder, Chairman Cynthia A. Johnson, Member

Attest:__/s/ Janice Hoppes______ __/s/ Joseph Christiaens____

Janice Hoppes, Clerk & Recorder Joseph Christiaens, Member

REMOVAL OF SUSPENDED CEILING IN NEW COMMUNITY CENTER BUILDING TO BE BY VOLUNTEERS- October 7, 2009

Commissioner Christiaens moved to allow volunteers to remove the suspended ceiling and supports and to properly dispose of the same. Commissioner Johnson seconded; motion carried.

CONRAD COMMUNITY CENTER FACILITIES USE AGREEMENT APPROVED – October 7, 2009

Commissioner Christiaens moved to approve the format the for use agreement for the Conrad Community Center facilities located at 311 S Virginia Street in Conrad. Commissioner Johnson seconded; motion carried.

EXCAVATION AGREEMENT APPROVED – October 14, 2009

Commissioner Christiaens moved to approve the excavation Agreement requested by Pamect Oil to engage in excavation on and under the Lederer Road South to corner then East 2/10 mile on south side for the purpose of installing a culvert and approach into a pumping unit. Commissioner Broesder seconded; motion carried. (Commissioner Johnson absent attending NACo conference)

LOAN SERVICING AGREEMENT FOR CDBG ECONOMIC DEVELOPMENT FUNDING APPROVED – October 14, 2009

The County is the recipient of Community Development Block Grant funds for economic development and entered into an agreement to use Sweetgrass Development for regional loan servicing. At this point, the loan will be repaid by the business initially loaned funding under the grant. The paid back funding can then be loaned to other businesses for economic development. Sweetgrass Development has notified the County that it has not established a business process for the revolving funding and will not be able to serve Pondera County in this capacity. Great Falls Development Authority has in place a loan servicing business practice and is willing to serve Pondera County in this function.

Commissioner Christiaens moved to enter into a loan servicing agreement with Great Falls Development Authority. Commissioner Broesder seconded; motion carried. (Commissioner Johnson absent attending NACo conference)

PAYMENT OF INVOICE FOR SERVICES TO BRADY FIRE HALL APPROVED- October 14, 2009

Commissioner Christiaens moved to pay the invoice of Nelcon, Inc. in the amount of $2,025.00 for repairs to the water line to the Brady Fire Hall. Commissioner Broesder seconded; motion carried. (Commissioner Johnson absent attending NACo conference)

MEMORANDUM OF AGREEMENT REGARDING AUTOMATED WEATHER OBSERVING SYSTEM APPROVED - October 21, 2009

Commissioner Johnson moved to approve the Memorandum of Agreement between Federal Aviation Administration and Pondera County/Conrad Airport whereby the County agrees to continue operating and maintaining the Automated Weather Observing System (AWOS) at the Conrad Airport. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

DEVELOPER AGREEMENT FOR NEIGHBORHOOD STABILIZATION GRANT APPROVED – October 21, 2009

The Commissioners had previously approved a Sub-Recipient Agreement with the Pondera Regional Port Authority for administration of the Neighborhood Stabilization Grant. It has been recommended by the State of Montana Department of Commerce that in lieu of the Sub-Recipient Agreement, the County approve a Developer Agreement with the Pondera Regional Port Authority. The Developer Agreement provides for an 8% development fee as opposed to the 5% administration fee allowed under the Sub-Recipient Agreement.

Commissioner Johnson moved to approve the Developer Agreement, subject to approval by the County Attorney. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

COMMISSION MINUTES APPROVED – October 21, 2009

Commissioner Johnson moved to approve the September 2009 Commission Minutes. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

LOAN SERVICING AGREEMENT RESCINDED – October 28, 2009

The Commissioners re-opened discussion on the loan servicing agreement with Great Falls Development Authority that was adopted at the October 14, 2009 meeting. The document has not yet been submitted to the Great Falls Development Authority. Commissioner Johnson explained that since the County doesn’t make participate in the actual loans, the agreement should not be between the County and the Department of Commerce.

Commissioner Johnson moved to rescind the decision of the Commission at its October 14^th, 2009 meeting to enter into the loan service agreement approved at the October 14, 2009 meeting. Commissioner Christiaens seconded; motion carried.

Also attending was County Attorney, Mary Ann Ries.

REQUEST TO DEPARTMENT OF COMMERCE TO NAME PONDERA REGIONAL PORT AUTHORITY AS SUB-RECIPIENT OF CDBG-ED MONIES – October 28, 2009

The County is the recipient of two (2) economic development grants through the State of Montana Department of Commerce Community Block Development Grant program. Commissioner Johnson explained that Pondera Regional Port Authority has administered and conducted the loan servicing for the first grant but that the Department of Commerce had required that the second grant would be made contingent upon a naming of Sweetgrass Development as the sub-recipient. This was done, however, Sweetgrass is not a viable option for servicing the loan payments through a revolving loan fund. The Pondera Regional Port Authority, however, has been successfully servicing the revolving loan fund and administering the program from the first grant.

Commissioner Johnson moved to request that the Department of Commerce approve a change in the relationship between the Department of Commerce and Pondera County to allow the Pondera Regional Port Authority to be substituted for Sweetgrass Development as the sub-recipient and administrator of the repayment funds (from the second CDBG-ED funding) destined to be a revolving loan fund. Commissioner Christiaens seconded; motion carried.

Also attending was County Attorney, Mary Ann Ries.

DATE, TIME AND PLACE SET FOR PUBLIC HEARING ON COUNTY NEEDS- October 28, 2009

Commissioner Christiaens moved to set Monday, November 23rd, 2009 at 5:00 p.m. in the Commission Office as the date, time and place for a public hearing on the needs of the County. Commissioner Johnson seconded; motion carried.

DONATION OF SURPLUS COMPUTERS – October 28, 2009

Commissioner Christiaens moved to declare computers from the Sheriff’s Department that are no longer needed as surplus and to donate the same, as is, to the Pondera Shooting Sports Club and the Pondera Conservation District. Commissioner Johnson seconded; motion carried.

Each Commissioner was in attendance or attending meetings both during the day or evening – 21 days and one holiday. Meetings were held during the month with various citizens, taxpayers, vendors, board members and employees.

The meeting adjourned at 5:00 p.m. on October 31, 2009.