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REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

PONDERA COUNTY, MONTANA

Held in June, 2010

The Board of Pondera County Commissioners met daily in informal session and in scheduled meetings on June 2, 9, 16, 23 and 30, 2010. Unless indicated, all Commissioners were present.

INTERGOVERNMENTAL TRANSFER FOR PONDERA MEDICAL CENTER APPROVED – June 2, 2010

Commissioner Christiaens moved to approve the State of Montana Intergovernmental Agreement for the Transfer of Monies to the State, Fiscal Year 2010. Commissioner Johnson seconded; motion carried.

 

VALIER LAW ENFORCEMENT SERVICES AGREEMENT APPROVED – June 2, 2010

Commissioner Johnson moved to approve an Agreement between the Town of Valier and the County to provide law enforcement services for two years, beginning July 1, 2010. Valier will pay the County the sum of $53,000.00 annually for law enforcement services by the County’s public safety department. Commissioner Christiaens seconded; motion carried.

 

MOTOR GRADER REQUEST FOR BIDS DISCUSSION- June 2, 2010

The Commissioners and Road Supervisor, John Stokes, discussed the status of the request for bids for new motor graders. The bid opening is scheduled for June 9th and since the publication of the notice seeking bids, Caterpillar has contacted the Commissioners requesting that they pull the bid request as they are unable to buyback the graders the County currently has as the lease purchase agreement is not at least 36 months old. Caterpillar has offered to cover the machines currently being leased to the County with a full warranty for five years at no cost to the County. No decision was reached and further research and discussion will be conducted.

 

AGREEMENT WITH DENNING, DOWNEY & ASSOCIATES FOR GASB #45 PREPARATION SERVICES APPROVED – June 2, 2010

Commissioner Johnson moved to approve the letter agreement with Denning, Downey & Associates for GASB #45 preparation services for fiscal year 2009-10 at a cost of $1,000. Commissioner Christiaens seconded; motion carried.

 

AMENDMENT NUMBER EIGHT TO WIC PROGRAM SATELLITE AGREEMENT APPROVED- June 2, 2010

Commissioner Johnson moved to approve the Amendment Number Eight to WIC program satellite agreement providing that the County will receive an additional $280.00 to be used to promote the increase of fruits and vegetables in the diets of Montana’s WIC participants. Commissioner Christiaens seconded; motion carried.

 

RESOLUTION #32 – AUTHORIZING BUDGET AMENDMENTS – WIC PROGRAM- June 2, 2010

PONDERA COUNTY MONTANA

RESOLUTION #32 - 2009/10

AUTHORIZING BUDGET AMENDMENTS – WOMEN, INFANTS AND CHILDREN PROGRAM GRANT

WHEREAS the Montana Code Annotated, Section 7-6-4006, grants the Board of County Commissioners the power and authority to amend the budget during the fiscal year by conducting public hearings at regularly scheduled meetings and to appropriate money received from the federal or state government, regardless of the time the money is received; and

WHEREAS the State of Montana Department of Public Health and Human Services has notified Pondera County of additional grant funds for program year 2010 of $280.00 under the Women, Infants and Children Grant Program (WIC), and the Health Department will incur expenditures for said purpose not to exceed such funds to be paid from the revenue received; and

WHEREAS the Pondera County Commissioners conducted a hearing at their regularly scheduled meeting on June 2, 2010 and there were no objections; and

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pondera County that the budget for Fund 2971, Women, Infants and Children (WIC) Program Grant, be amended to show the receipt and expenditures, as follows:

 

Revenue

Description

 

Prior Amount

 

New Amount

2971-331141

WIC Grant

$

31,984.69

$

32,264.69

Expenditure

Description

 

Prior Amount

 

New Amount

2971-401-440171-

382

Nutrition Education

400.00

680.00

 

Adopted this 2nd day of June, 2010 as moved by Commissioner Johnson, seconded by Commissioner Christiaens, and passed on a unanimous vote of the full board. Effective on passage and approval.

 

PONDERA COUNTY COMMISSIONERS

Pondera County, Montana

____/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

 

COUNTY COMPENSATION BOARD APPOINTMENT- June 2, 2010

Commissioner Johnson moved to re-appoint Dan Majerus to the County Compensation Board. The term is for three years, ending June 30, 2013. Commissioner Christiaens seconded; motion carried.

 

PONDERA MEDICAL CENTER BOARD MEMBERS APPOINTED – June 2, 2010

Commissioner Johnson moved to appoint Betty Cooper and to re-appoint Ted Kronebusch and Cheryl Bakken to the Pondera Medical Center Board of Directors, each for a three year term, beginning July 1, 2010. Commissioner Christiaens seconded; motion carried.

 

POST ELECTION AUDIT COMMITTEE MEMBERS APPOINTED – June 2, 2010

Commissioner Johnson moved to appoint Georgia Snortland, Cheryl Curry and Stephanie Keil-Harris to the Post Election Audit Committee. Commissioner Christiaens seconded; motion carried.

 

EXCAVATION AGREEMENT APPROVED – June 2, 2010

Commissioner Christiaens moved to approve the Excavation Agreement requested by Pondera County Canal and Reservoir Company to engage in excavation on and under the Belgian Church Road for the purpose of installing irrigation pipe. Commissioner Broesder seconded; motion carried. (Commissioner Johnson absent)

 

CHRISTIAENS REAPPOINTED AS ONE OF COUNTY’S REPRESENTATIVES ON THE RUSSELL COUNTRY TOURISM ADVISORY BOARD- June 2, 2010

Commissioner Johnson moved to re-appoint Rita Christiaens to the Russell Country Tourism Advisory Board. She will serve as one of the County’s three representatives. Commissioner Broesder seconded; motion carried. (Commissioner Johnson absent)

 

PUBLIC MEETING REGARDING MEDICAL MARIJUANA IMPACT – June 7, 2010

The commissioners conducted a public meeting for input regarding the Montana Medical Marijuana Act and its impact on the citizens, providers and consumers in the County. The law allowed for use of marijuana for medical purposes but has vague provisions for enforcement and set no guidelines for law enforcement, citizens the medical community and others. There may be revisions to the law proposed in the upcoming legislative session and the meeting gave the opportunity for citizen input. No actions were taken.

 

MEETING REGARDING LIBRARY FUNDING AND AGREEMENT BETWEEN COUNTY AND TOWN OF VALIER – June 9, 2010

Attending: Commissioners Broesder, Christiaens and Johnson, Clerk and Recorder Hoppes, Amanda Younce, Carolyn Donath, Stephanie Moerkerke, Cathy Brandvold, Mary Brooke, John P. Shevlin, Wendy Curry Judisch, McKenzie A. Graye and Buck Traxler

Mayor of Valier, McKenzie Graye, presented an agreement for the Valier Public Library outlining the financial commitment of the Town and County. The County has a similar agreement with the City of Conrad for the Conrad Library. The Commissioners advised they would need to have the County Attorney review the document before any action is taken.

Donath presented a copy of a letter addressed to the Commissioners dated May 3, 2010 requesting adjusting the pro rated formula for distribution of the non-voted levy to at 69.8 to 30.2 ratio over next two fiscal years.

 

ABATEMENT 759 APPROVED – June 9, 2010

Commissioner Johnson moved to approve the following tax reductions or increases:

 

Number

Parcel

Number

 

Reason

Tax

Removed

Tax

Increased

#759

2038200

Mobile home removed from County in 2009; tax bill should not have been generated

29.23

0

Commissioner Christiaens seconded; motion carried.

 

MEETING WITH JOHN SHEVLIN AND JUDISCH - June 9, 2010

Shooting Sports Club liability insurance under County policy – waiting for agreement that is being drafted by County Attorney

Emergency access easement across land from interchange connecting road to east side of Conrad – City has easement agreement with landowner for their access to the interchange connecting road but it is undetermined if the County and City has access across the land from the road to the east side of Conrad. Need to review document(s) and possibly have reverse easement drafted

Community Center – Commissioners reported plumbing for water and sewer lines done as is the electrical work

Overpass – Judisch reported DOT told her 2014 or sooner for the rest area relocation. Since overpass project was not as costly as anticipated, there should be money available to relocate the rest area.

 

SECOND AMENDMENT TO AFLAC AGREEMENT TO ALLOW FOR AFLAC NOW CARD OFFERING APPROVED – June 9, 2010

Commissioner Johnson moved to approve the second amendment to the Payroll Account Acknowledgment providing for a minimum monthly administration fee of $75.00 or $3.00 per participant (whichever is greater). Commissioner Christiaens seconded; motion carried.

 

RECALL OF SOLICITATION OF BIDS FOR ROAD GRADERS APPROVED – June 9, 2010

Commissioner Christiaens moved to recall the solicitation of bids for road graders, which scheduled opening of bids on this date and time. Commissioner Johnson seconded; motion carried by a vote of 2-1 with Commissioner Broesder voting no.

 

RESOLUTION #33 – AUTHORIZING LOAN TO PORT AUTHORITY – ADOPTED- June 9, 2010

PONDERA COUNTY, MONTANA

RESOLUTION #33 – 2009/10

LOAN TO FUND 7380 PORT AUTHORITY FUND

 

WHEREAS, Pondera County receives an annual payment from the City of Conrad for the Blue Sky Villa, currently in the amount of $14,962.50; and

WHEREAS, the Commissioners have entered into an agreement with the Port Authority to loan the fiscal year 2009-10 payment to the Port Authority to be used for Port Authority revolving loan funds to small businesses within Pondera County and not as operating funds; and

WHEREAS, the County has received the fiscal year 2009-10 payment in the amount of $14,962.50 and has entered into a loan agreement with the Port Authority; and

WHEREAS, the funds shall be subject to repayment and/or forgiveness under the terms of the annual loan agreement.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pondera County that the Clerk and Recorder effect the loan of $14,962.50 from the County General Fund to the Port Authority Fund and that the loan be repaid and/or forgiven under the terms of the July 1, 2009 loan agreement.

Adopted this 9th day of June, 2010 as moved by Commissioner Johnson, seconded by Commissioner Christiaens, and passed on a unanimous vote of the full board. Effective upon 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

 

MINUTES APPROVED – June 9, 2010

Commissioner Johnson moved to approve the official Minutes of the Commission for May, 2010. Commissioner Christiaens seconded; motion carried.

 

VALIER LIBRARY AGREEMENT APPROVED - June 16, 2010

Commissioner Christiaens moved to approve the Town/County Agreement for the Valier Public Library. Commissioner Broesder seconded; motion carried. (Commissioner Johnson absent on County business)

 

DATE AND TIME SET FOR PUBLIC HEARING OF COUNTY COMPENSATION BOARD- June 16, 2010

Commissioner Christiaens moved to set July 7, 2010 at 9:30 a.m. in the Commissioners’ office for a public hearing of the County Compensation Board. The County Compensation Board is established in law to review the compensation to elected County officials and to recommend a salary schedule for the coming fiscal year.

Commissioner Broesder seconded; motion carried. (Commissioner Johnson absent on County business)

 

EXTENSION OF TIME TO USE EXCESS VACATION HOURS GRANTED - June 16, 2010

State law allows a public employee to accumulate annual vacation leave totaling not more than two times the maximum number of days earned annually. Hours in excess of the two year allowable accrual are forfeited by the employee unless used by March 31st or an extension of time to use the excess is granted.

Sheriff Kuka requested that the Commissioners approve an extension of time for the employees in the Public Safety Department as the employees were not able to use their leave time due to staff shortages.

Commissioner Christiaens moved to grant an extension of time until June 30 to use excess leave hours to Beverly Anderson and Shannon Gabbard. Commissioner Broesder seconded; motion carried. (Commissioner Johnson absent on County business)

 

ABATEMENT #760 APPROVED – June 23, 2010

Commissioner Johnson moved to approve the following tax reductions or increases:

 

Number

Parcel

Number

 

Reason

Tax

Removed

Tax

Increased

#760

218100

Taxable value adjusted per State Tax Appeal Board decision

1394.80

0

 

Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

REQUEST FOR LANGUAGE CHANGE IN LOAN AGREEMENT WITH PORT AUTHORITY APPROVED- June 23, 2010

Commissioner Johnson moved to approve the request from the Pondera Regional Port Authority to change the account language in the Loan Agreement executed by the County and Port Authority to allow the loan proceeds to be used in the general operating account for economic development in the County. Commissioner Broesder seconded; motion carried.

 

RESOLUTION #33 – AUTHORIZING FORGIVENESS OF REPAYMENT OF INTERFUND LOAN (PORT AUTHORITY) – ADOPTED- June 23, 2010

PONDERA COUNTY, MONTANA

RESOLUTION #34– 2009/10

AUTHORIZING FORGIVENESS OF REPAYMENT OF INTERFUND LOAN

 

WHEREAS, the Board of County Commissioners has, from time to time, determined it to be in the best interests of the County to authorize loans from one fund to another at a reasonable rate of interest; and

WHEREAS, the Board has determined that the interfund loan from the General Fund to the Port Authority Fund, authorized under Resolution #33 – 2009/10, be forgiven under the terms of the June 9, 2010 Loan Agreement.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pondera County that the Clerk and Recorder effect the forgiveness of repayment of the above-described loan, in the amount of $14,962.50, principal, and all interest that would have accrued; treating the same as a transfer from the General Fund to the Port Authority Fund.

Adopted this 23rd day of June, 2010 as moved by Commissioner Johnson, seconded by Commissioner Broesder, and passed on a 2-0 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

 

CANVASS OF PRIMARY ELECTION APPROVED June 23, 2010

Commissioner Johnson moved to approve the canvass of the June 8, 2010 primary election conducted on June 21, 2010 by Commissioner Christiaens, Clerk of Court, Kara Thompson, and Kristi Robertson, Deputy Treasurer and to declare elected by acclamation the following precinct committee men and women for the Democratic and Republican central committees:

DEMOCRATIC

Pct 24 Wanda Bandow, Larry Boettcher

REPUBLICAN

Pct 19 Cindie N. Vandenberg Pct 23 Ali Newkirk, Jack M. Hayne

Pct 24 Louise A. Glimm, Ken Johnson Pct 27 Wendy Judisch, Ted Kronebusch

Pct 28 Patricia L. Orcutt, George L. Orcutt Pct 34 Mary Lake

Pct 35 Jacqueline A. Wheeler, Kenneth E. Wheeler, Jr.

 

DISCUSSION ON RENEWAL OF CONTRACT WITH JIM YEAGLEY- June 23, 2010

Discussion was held regarding the renewal of the current Land Planning Contract for survey and subdivision review with Jim Yeagley. Pondera County has received another unsolicited proposal from Stahly Engineering which will require further review. The current Subdivision Review Contract expires June 30, 2010. No decision was made at this meeting.

 

ABATEMENT #761 APPROVED – June 30, 2010

Commissioner Johnson moved to approve the following tax reductions or increases:

 

Number

Parcel

Number

 

Reason

Tax

Removed

Tax

Increased

#761

1336500

Corporation dissolved and personal property disposed of

7.31

0

 

Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

APPROACH AGREEMENT APPROVED – June 30, 2010

Commissioner Johnson moved to approve the Approach Agreement requested by Jordan VanDyke to encroach upon the county road right-of-way of Kelly Road for the purpose of installing an approach (no culvert) on the right of the road. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

FORAGE REMOVAL AGREEMENTS APPROVED – June 30, 2010
Commissioner Johnson moved to approve a forage removal agreement with Monroe Bros on east and west sides of all of Blue Sky Road and west half-mile from Don Monroe to Campbell places on Swanson Road and a forage removal agreement with Roger Christiaens on east and west sides of the north half-mile of Christians Road. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

NON-RENEWAL OF CONTRACT WITH JIM YEAGLEY- June 30, 2010

Commissioner Johnson moved to not renew the current Land Planning Contract for survey and subdivision review with Jim Yeagley. and to proceed to entering into a contract for services with Stahly Engineering. Yeagley’s fee was based on a per month amount, regardless of activity and Stahly proposes per survey or subdivision fee, not monthly flat rate. It appears the county can save money with a per activity rate. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

CONTRACT FOR ENERGY EFFICIENCY GRANT APPROVED – June 30, 2010

Commissioner Johnson moved to approve the Contract between the Montana Department of Environmental Quality and the County for an energy efficiency grant in the amount of $200,000 for the energy upgrades at the Community and Senior Center currently under remodel. The funds are available under the American Recovery and Reinvestment Act. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

RESOLUTION #35 – AUTHORIZING BUDGET AMENDMENTS TO CREATE CDBG FUND – COMMUNITY CENTER REMODEL - ADOPTED- June 30, 2010

 

PONDERA COUNTY MONTANA

RESOLUTION #35- 2009/10

AUTHORIZING BUDGET AMENDMENTS TO

CREATE COMMUNITY DEVELOPMENT GRANT -

COMMUNITY CENTER FUND

 

WHEREAS the Montana Code Annotated, Section 7-6-4006, grants the Board of County Commissioners the power and authority to amend the budget during the fiscal year by conducting public hearings at regularly scheduled meetings and to appropriate money received from the federal or state government, regardless of the time the money is received; and

 

WHEREAS the City of Conrad on behalf of the Pondera County Commissioners applied for and was awarded a grant of $450,000 to renovate the community and senior center, for which no provision was made in fiscal year 2009-10; and

 

WHEREAS the award was announced on May 4, 2010 and authorized Pondera County to incur project costs, effective October 14, 2009; and

 

WHEREAS funds will be received by the City of Conrad on behalf of Pondera County from the State of Montana Department of Commerce, Community Development Grant program, in the amount of $450,000; and

 

WHEREAS Pondera County will incur expenditures for renovations of the community and senior center in the amount of $450,000 to be paid from the revenue received during the current fiscal year;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pondera County that the budget for Fund 2945, (Community Development Block Grant – Community Center) be modified to show the receipt of $450,000 and expenditures of $450,000, as follows:

 

Revenue Description Prior Amount New Amount

2945-331021 Grant Revenue $ 0.00 $450,000

 

Expenditure Description Prior Amount New Amount

2945-470-470100-210 Supplies & Publications $ 0.00 $ 300

2945-470-470100-353 Legal & Audit Services $ 0.00 $ 2,000

2945-470-470100-354 Architectural/Engineering/

Environmental $ 0.00 $ 49,792

2945-470-470100-370 Travel & Training $ 0.00 $ 500

2945-470-470100-398 Contract Services $ 0.00 $ 8,000

2945-470-470100-950 Construction $ 0.00 $375,000

2945-470-470100-951 Contingency $ 0.00 $ 14,408

 

Adopted this 30th day of June, 2010 as moved by Commissioner Johnson, seconded by Commissioner Christiaens, and passed on a 2-0 vote of the full board. Effective October 14, 2009.

 

PONDERA COUNTY COMMISSIONERS

Pondera County, Montana

 

_____/s/ Sandra J. Broesder____ ____/s/ Cynthia A. Johnson__

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

 

Attest: ____/s/ Janice Hoppes__ _________(absent)_______

Janice Hoppes, Clerk & Recorder Joseph Christiaens, Member

 

RESOLUTION #36 – AUTHORIZING BUDGET AMENDMENTS TO AUTHORIZE LOANS TO FUNDS HAVING NEGATIVE CASH BALANCES AT END OF FISCAL YEAR - ADOPTED- June 30, 2010

PONDERA COUNTY, MONTANA

RESOLUTION #36 – 2008/09

 

LOAN TO FUNDS HAVING NEGATIVE CASH BALANCES

AT FISCAL YEAR END

 

WHEREAS, generally accepted standards for governmental accounting does not allow for negative cash balances in any fund, including reimbursable grant funds, at the close of the fiscal year; and

 

WHEREAS, several County funds, have negative cash balances as of June 30, 2010 due to the nature of the funds as reimbursable grant funds; and

 

WHEREAS, Pondera County general fund has sufficient cash to loan the funds having negative cash balances on June 30, 2010 in order that the funds will not have a deficient cash balance; and

 

WHEREAS the funds shall repay the loan and interest at 0% per annum to the general fund from the revenue to be received, anticipated to be in July of 2010.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pondera County that the Clerk and Recorder effect the loans to any and all funds having negative cash balances on June 30, 2010 from the county general fund and that the loans be repaid as stated above as soon as feasible.

 

Adopted this 30th day of June, 2010 as moved by Commissioner Johnson, seconded by Commissioner Broesder, and passed on a 2-0 vote of the full board. Effective June 30, 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__ _________(absent)_______

Janice Hoppes, Clerk & Recorder Joseph Christiaens, Member

 

EXCAVATION AGREEMENT APPROVED – June 30, 2010

Commissioner Johnson moved to approve the Excavation Agreement requested by Robert W. Sill to engage in excavation on and under the west side of Swanson Road, one-fourth mile south of Bullhead Road for the purpose of installing PVC suction line for irrigation pump. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM – EDUCATION PROPOSAL APPROVED – June 30, 2010

Commissioner Johnson moved to approve the County/Reservation Proposal presented by the Montana Supplemental Nutrition Assistance Program – Education (SNAP-Ed) which will be administered through the County Extension office at no cost to the county. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

CLAIMS APPROVED FOR PAYMENT

FUND

 

AMOUNT

GENERAL

$

46,512.17

ROAD

63,750.60

BRIDGE

26,348.30

WEED

8,786.34

PREDATORY ANIMAL

1,304.50

COUNTY FAIR

171.97

AIRPORT

220.46

LIBRARIES

74,330.50

AMBULANCE

5,635.07

COUNTY HOSPITAL & NURSING HOME

146,189.34

SENIOR CITIZENS

12,000.00

EXTENSION SERVICE

11,719.79

PUBLIC SAFETY (LAW ENFORCEMENT)

15,273.27

HEALTH INSURANCE - EMPLOYER CONTRIBUTION

745.04

BRADY LIGHTS MAINTENANCE

292.55

ALCOHOL REHABILITATION

2,576.00

DUI PREVENTION

370.00

GAS APPORTIONMENT TAX

22,602.68

JUNK VEHICLE

1,240.06

NOXIOUS WEED GRANTS

720.00

LAND USE PLANNING

475.00

HOMELAND SECURITY EOP GRANT

2,572.96

CDBG - GROWTH POLICY

3,461.54

CDBG - COMMUNITY CENTER

386.00

BUCKLE UP MT

1,358.98

DES GRANTS

8,314.55

WIC GRANT

772.87

MATERNAL CHILD HEALTH

1,011.86

IMMUNIZATION ACTION PROGRAM

1,272.82

TOBACCO USE PREVENTION GRANT

1,235.72

NAPA GRANT

182.29

HB645 MT RECOVERY ACT

14,681.27

DEBT SERVICE HOSPITAL 95

300.00

ROAD/BRIDGE CAPITAL IMPROVEMENT

12,350.00

REFUND FUND

2,706.25

TOTAL CLAIMS

$

491,870.75

TOTAL PAYROLL

213,938.81

TOTAL CLAIMS AND PAYROLL FUNDS

705,809.56

 

CLOSING REMARKS

Each Commissioner was in attendance or attending meetings both during the day or evening – 22 days. Meetings were held during the month with various citizens, taxpayers, vendors, board members and employees.

 

ADJOURNMENT

The meeting adjourned at 5:00 p.m. on June 30, 2010.

 

 

______________________________________

CHAIRMAN, BOARD OF COUNTY COMMISSIONERS

 

______________________________________

SECRETARY, BOARD OF COUNTY COMMISSIONERS

PONDERA COUNTY, MONTANA

 

 

REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

PONDERA COUNTY, MONTANA

Held in May, 2010

 

The Board of Pondera County Commissioners met daily in informal session and in scheduled meetings on May 5, 12 and 19, 2010. Unless indicated, all Commissioners were present.

 

MEETING REGARDING GROUP HEALTH INSURANCE PREMIUMS AND BENEFITS – May 5, 2010

The Commissioners met with Gary Hablutzel, representing the third-party administrator for the county’s group health insurance carrier. Hablutzel presented renewal rates for the fiscal year beginning July 1, 2010 (an 8% increase) and outlined additional benefits to the employees. The commissioners will be meeting with representatives of the MACo HealthCare Trust prior to making a decision on coverage for the 2010-2011 fiscal year.

 

MEETING REGARDING PROPOSAL FOR PAYMENT OF DELINQUENT PERSONAL PROPERTY TAXES- May 5, 2010

A taxpayer met with the Commissioners regarding a proposal for payment over time of his delinquent personal property taxes. He proposed a lump sum payment by July 31 of approximately 1/4th the amount due with the balance being paid by September 30th, 2010. The commissioners advised him they would need to visit with the County Attorney before entering into an agreement.

 

MEETING REGARDING CONSERVATION EASEMENTS – May 5, 2010

Gary Sullivan, State Coordinator, and Jim Lange, District Easement Manager, of the U. S. Fish and Wildlife Service, met with the commissioners to provide an overview of the department’s request in the federal appropriations budget to expand the easement program along the Rocky Mountain Front. The Department does not purchase private land but rather enters into an easement on the land to promote waterfowl and other conservation measures.

 

NEIGHBORHOOD STABILIZATION PROGRAM – BRADY PROJECT – REPORT May 5, 2010

Cheryl Curry, Executive Director of the Pondera Regional Port Authority, met with the commissioners and relayed that bids were received from two manufactured home providers for consideration under the grant program to be located on the lot acquired for the Brady project. Commissioner Christiaens and Executive Director Curry, met on May 4, 2010 to open the bids.

The bid from American Home Centers was opened and examined and all requirements for bid were met.

The faxed bid from Patty Seaman Homes was examined and had to be disregarded due to not meeting the bid requirements.

The base bid from American Home Centers in the amount of $81,683.00 was accepted, pending approval of the Neighborhood Stabilization Program staff and the Montana Department of Commerce.

 

ABATEMENTS 757-756 APPROVED – May 5, 2010

Commissioner Johnson moved to approve the following tax reductions or increases:

 

Number

Parcel

Number

 

Reason

Tax

Removed

Tax

Increased

#757

329000

Transferred into Trust Land in 2009; no tax bill should have generated

237.47

0

 

Commissioner Christiaens seconded; motion carried.

 

 

 

ABATEMENTS 758 APPROVED – May 12, 2010

Commissioner Christiaens moved to approve the following tax reductions or increases:

 

Number

Parcel

Number

 

Reason

Tax

Removed

Tax

Increased

#758

110800

Adjusted by County Tax Appeal Board

77.35

0

 

Commissioner Johnson seconded; motion carried.

 

OIL AND GAS WELL PLUGGING GRANT APPLICATION APPROVED- May 12, 2010

Commissioner Johnson moved to approve the application for an oil and gas well plugging grant in the amount of $100,000. The grant will be administered by the County Sanitarian and reimburses producers for part of their expense to plug nonproductive wells. Commissioner Christiaens seconded; motion carried.

 

TREASURER’S SECURITIES PRESENTED – May 12, 2010

The following are the investments as of 3-31-2010.

STIP $2,338.05@ .2636370%

 

STOCKMAN BANK

CONRAD SCHOOLS REP $186,631.18 @2.05% Collaterlized by FHLB 9W-2012 1 Cusip 3133XDBN0 $7,141,755.55 dtd 9-20-2012 @4.7700%

STOCKMAN BANK

COUNTY REPURCHASE $7,124,320.90 @1.31% Collateralized by the following

FHR 2931 DE Cusip 31395MZ51 $6,362,000.00 dtd 2-15-2020 @4%

FHR 3545 LA Cuspi 31398E3H5 $3,989,947.85 dtd 12-15-2016 @2.1200%

 

RBC WEALTH 250,000.00 @ 1.500% due 10-19-2012

500,000.00 @ 1.650% due 12-10-2012

200,000.00 @ 1.500% due 7-15-2013

500,000.00 @ 2.250% due 12-24-2013

350,000.00 @2.250% due 12-30-2013

200,000.00 @2.000% due 7-15-2014

500,000.00 @2.500% due 8-15-2014

200,000.00 @2.800% due 10-6-2014

200,000.00 @1.500% due 10-14-2014

200,000.00 @3.000% due 12-29-2014

TOTAL 3,100,000.00

 

Also the following deposits are held at Stockman Bank to cover our accounts totaling $624,069.21

Cusip 3133XTUG9 $100,000.00 FHLB @1.3% matures 6-15-11

Cusip 3133XF5T9 $1,375,000.00 FHLB @5.0% matures 9-9-11

Cusip 31331GV22 $395,000.00 FHLB @1.13% matures 10-3-11

 

NO OBJECTION ISSUED REGARDING LIQUOR LICENSE APPLICATION FOR J&L LOG CABIN – May 12, 2010

The Commissioners received a copy of the application of J&L Log Cabin (Brady) for a liquor license. In the application, the Commissioners are given the opportunity to object to its issuance. Commissioner Johnson moved to not submit any objections as the application does not violate any ordinances of the County and it will be in place at a location previously occupied by a business with a liquor license. Commissioner Christiaens seconded; motion carried.

 

MEETING WITH MAYOR OF CONRAD – May 12, 2010

John Shevlin, Mayor of Conrad, visited with the Commissioners regarding several items of mutual interest, including the City’s request that the Commissioners resolve the library funding issue in a more equitable manner than has been followed in the past. Commissioner Broesder mentioned that the Town of Valier is expected to address the funding issue at its meeting on May 13th and once the County has an agreement with them, the parties will once again be called in to discuss the funding pro rate.

He also stated that the company doing the paving on the Midway Road is also contracted to do the paving on the interchange connecting road. The company, Nalcon, anticipates having hot mix left over which they will make available to the public and the Mayor is advising people as well as businesses of this. If the County is interested, the Commissioners need to contact Sam at 240-9207. The Commissioners will talk to the Road Supervisor.

The Commissioners and Mayor Shevlin discussed the damage being done to the Blazen Road by the contractor’s gravel trucks. The Commissioners will contact the State Highway Department for resolution of this matter.

On behalf of the City of Conrad and City Council, the Mayor congratulated the Commissioners on the CDBG funding award for the community center.

Commissioner Christiaens advised the Mayor that the airport is experiencing a water leak. The airport is not within the city limits, however, it is served by water via a city of Conrad hookup. Discussion centered on installing a hydrant at the time the line is fixed. The Mayor will discuss this with the City’s public works director.

 

MINUTES APPROVED – May 12, 2010

Commissioner Christiaens moved to approve the official Minutes of the Commission for February, March and April, 2010. Commissioner Johnson seconded; motion carried.

 

FLOOD PRONE AREA DISCUSSION – May 12, 2010

DES Coordinator, LeAnn Hermance, met with the Commissioners regarding the flood prone areas in the county and the need to examine the ordinance passed in 1997. There have been several discussion with landowners regarding the flood prone areas and map and the matter will be reviewed by the County Attorney. In the meantime, Hermance will write a letter explaining the flood prone area and the current circumstances. The letter will be provided to Greg Beck at this time.

 

CREDIT/DEBIT CARD PAYMENTS TO COUNTY – APPROVAL OF AGREEMENT WITH NEW COMPANY AND PURCHASE OF CARD-SWIPE MACHINE- May 12, 2010

Treasurer, Jeanne Moon, met with the Commissioners regarding entering into an agreement with a new company for the processing of credit and debit card payments to the County. Currently, the Treasurer can accept credit and debit card payments, however, the processing is very cumbersome. The new company will be a more efficient provider but the county will need to purchase a card-swipe machine.

Commissioner Johnson moved to approve the agreement with the processing company and to purchase the card-swipe machine from the county management budget. Commissioner Christiaens seconded; motion carried.

 

RESOLUTION #31 – AUTHORIZING BUDGET AMENDMENTS – ADOPTED – May 12, 2010

PONDERA COUNTY MONTANA

RESOLUTION #31- 2009/10

AUTHORIZING BUDGET AMENDMENTS TO

STATE ALLOCATED FEDERAL MINERAL ROYALTIES FUND

 

WHEREAS the Montana Code Annotated, Section 7-6-4006, grants the Board of County Commissioners the power and authority to amend the budget during the fiscal year by conducting public hearings at regularly scheduled meetings and to appropriate money received from the federal or state government, regardless of the time the money is received; and

WHEREAS Pondera County Commissioners applied for and was awarded a grant of $15,000 to prepare a Growth Plan (July 18, 2007); and

WHEREAS the grant requires a 50% match which the Commissioners would like to transfer to the CDBG grant fund from the State Allocated Federal Mineral Royalties Fund in the amount of $15,000, to be transferred as the expenses are incurred; and

 

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pondera County that the budget for Fund 2894, (State Allocated Federal Mineral Royalties) and Fund 2943 (CDBG – Growth Plan) be amended, as follows:

 

Revenue Description Prior Amount New Amount

2943-383000 Interfund Transfer In $ 0.00 $ 15,000

 

Expenditure Description Prior Amount New Amount

2943-501-470310-350 Professional Services $15,000 $30,000

 

Expenditure Description Prior Amount New Amount

2894-101-521000-820 Interfund Transfer Out $ 0.00 $15,000

 

Adopted this 12th day of May, 2010 as moved by Commissioner Johnson, seconded by Commissioner Christiaens, and passed on a unanimous vote of the full board. Effective on passage and approval.

 

PONDERA COUNTY COMMISSIONERS

Pondera County, Montana

____/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

 

GRANT ADMINISTRATION TRAINING EXPENSE APPROVED (CDBG GRANT FOR COMMUNITY CENTER)- May 12, 2010

Commissioner Johnson moved to approve paying expenses for Janice Hoppes, Clerk and Recorder, and Cheryl Curry, Executive Director of the Pondera Regional Port Authority, to attend the grant administration training in Helena in June, 2010. The County will be reimbursed these costs under the terms of the Community Development Block Grant awarded to the County for the community center improvements. Commissioner Christiaens seconded; motion carried.

 

LETTER DRAFTED TO TAXPAYER ALLOWING FOR INSTALLMENT PAYMENT OF DELINQUENT PERSONAL PROPERTY TAXES- May 12, 2010

A taxpayer had met with the Commissioners requesting a payment plan for his delinquent personal property taxes. After discussion with the County Attorney, Commissioner Christiaens moved to draft a letter to the taxpayer outlining the provisions allowing for installment payment of delinquent personal property taxes. Commissioner Johnson seconded; motion carried.

 

NEIGHBORHOOD STABILIZATION PROGRAM GRANT BID ACCEPTED FOR FOUNDATION WORK- May 19, 2010

Cheryl Curry, Executive Director of the Pondera Regional Port Authority, solicited bids for the foundation work on the Neighborhood Stabilization Program Grant – Brady project.

R. C. Scott Enterprises LLC of Choteau MT was the only bidder.

Commissioner Johnson moved to award the bid to R. C. Scott Enterprises LLC in the amount of $10,419.75, pending approval by the Neighborhood Stabilization Program staff and the Montana Department of Commerce. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

NEIGHBORHOOD STABILIZATION PROGRAM GRANT BID RATIFIED FOR DEMOLITION AND EXCAVATION WORK- May 19, 2010

Cheryl Curry, Executive Director of the Pondera Regional Port Authority, solicited bids for the demolition and excavation work on the Neighborhood Stabilization Program Grant – Brady project. Two bids were received:

Garman Construction $ 9,661.00

Fuson Excavation $ 6,700.00

The bids were opened by Cheryl Curry and Sandra Broesder on May 17, 2010 and the bid awarded to Fuson Excavation in the amount of $6,700.00, pending approval by Neighborhood Stabilization Program staff and the Montana Department of Commerce.

Commissioner Johnson moved to ratify the actions of Broesder and Curry on May 17, 2010 and to award the bid to Fuson Excavation in the amount of $6,700.00, pending approval by the Neighborhood Stabilization Program staff and the Montana Department of Commerce. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

GOVTELLER (CREDIT/DEBIT CARD PAYMENT PROGRAM) MERCHANT AGREEMENT APPROVED – May 19, 2010

Commissioner Johnson moved to approve the GovTeller Merchant Agreement between TranLogix and the County for credit/debit card payment processing services for taxes, fines, etc. The card swipe machine will be in the Treasurer’s office and payments received in that office, regardless of type of payment. The County will not pay the transactions fees as Montana law does not allow governments to pay transactions fees. If the customer opts for the opportunity to make payment by credit/debit card, the customer will be responsible for the additional convenience fee payment.

Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

RENEWAL OF GROUP HEALTH INSURANCE PLAN WITH JOINT POWERS TRUST – May 19, 2010

Commissioner Johnson moved to approve the renewal agreement with Joint Powers Trust (JPT), administered by Employee Benefits Management Services (EBMS) for group health insurance for county employees for fiscal year 2010-11. The County plan premiums increased by 8% with the employee-only coverage premium at $442.89 per month. The County currently pays $300.00 toward the employee-only coverage for a full-time employee and part-time employees receive a pro-rated amount of the $300.00 based on the number of hours worked. One other company had anticipated bidding the insurance for the County, however, they were unable to match our current benefits and even then the premium would have been $513.00 for employee-only coverage. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

AMENDMENT TO AFLAC AGREEMENT TO ALLOW FOR AFLAC NOW CARD OFFERING APPROVED – May 19, 2010

Commissioner Johnson moved to approve the Payroll Account Acknowledgment (amendment to AFLAC agreement allowing AFLAC NOW card use) Employees participating in the Section 125 Flex Medical Reimbursement would be issued a payment card which the employee could present for payment of allowable medical expenses at the time of service with the AFLAC NOW card. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

BIDS SOLICITATION FOR MOTOR GRADERS APPROVED AND DATE AND TIME SET FOR BID OPENING – May 19, 2010

Due to high maintenance and repair costs required for the eight Caterpillar road graders being leased with option to purchase by the County and the regulations effective July 1, 2010 requiring more stringent regulation of environmental impact factors on equipment, the Commissioners and road crew have been looking at replacing the graders. Commissioner Johnson moved to publish a solicitation for bids with specifications for eight road graders and to set the bid opening date and time as June 9, 2010 in the Commissioners’ office at 10:00 a.m.

Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

PUBLIC MEETING TO BE CONDUCTED REGARDING MEDICAL MARIJUANA ISSUES IN THE COUNTY – May 19, 2010

Commissioner Johnson moved to conduct a public meeting on June 7, 2010 at 5:15 p.m. in the Courtroom regarding the commercial, health and public safety issues of the medical marijuana grow industry on the residents of Pondera County. (Commissioner Christiaens absent)

 

APPROACH AGREEMENT APPROVED – May 19, 2010

Commissioner Johnson moved to approve the Approach Agreement requested by MATL LLP Inc to encroach upon the county road right-of-way of Midway Road (at T27N, R3W, Section 3: NE4) for the purpose of installing an approach (no culvert) on the south of the road. Commissioner Broesder seconded; motion carried. (Commissioner Christiaens absent)

 

NO MEETING MAY 26, 2010 – COMMISSIONERS ATTENDING CONFERENCE ON BEHALF OF COUNTY

 

CLAIMS APPROVED FOR PAYMENT

FUND

 

AMOUNT

GENERAL

$

23,075.41

ROAD

12,505.28

BRIDGE

4,344.53

WEED

744.85

COUNTY FAIR

65.00

AIRPORT

3,459.69

AMBULANCE

270.76

EMERGENCY SNOW REMOVAL

2,056.40

EXTENSION SERVICE

227.97

PUBLIC SAFETY (LAW ENFORCEMENT)

5,284.93

HEALTH INSURANCE - EMPLOYER CONTRIBUTION

1,100.49

RECORDS PRESERVATION

2,748.60

BRADY LIGHTS MAINTENANCE

293.85

DUI PREVENTION

80.80

GAS APPORTIONMENT TAX

4,221.60

JUNK VEHICLE

40.69

NOXIOUS WEED GRANTS

250.00

911 EMERGENCY

833.74

LAND USE PLANNING

475.00

CDBG - GROWTH POLICY

1,923.00

BUCKLE UP MT

427.49

DES GRANTS

19.25

WIC GRANT

286.54

MATERNAL CHILD HEALTH

195.76

TOBACCO USE PREVENTION GRANT

113.66

NAPA GRANT

56.00

HB645 MT RECOVERY ACT

12,631.50

REFUND FUND

535.19

TOTAL CLAIMS

$

78,267.98

TOTAL PAYROLL

188,458.88

TOTAL CLAIMS AND PAYROLL FUNDS

266,726.86

CLOSING REMARKS

Each Commissioner was in attendance or attending meetings both during the day or evening – 21 days and 1 holiday. Meetings were held during the month with various citizens, taxpayers, vendors, board members and employees.

 

ADJOURNMENT

The meeting adjourned at 5:00 p.m. on May 31, 2010.