March 14, 2024

055
COMMISSIONERS’ PROCEEDINGS
March 14, 2024
Commissioners Scott Miller, Scott Blain, and Administrative Officer Angela Newell were present.
8:30 Pledge of Allegiance.
Cyrina Allen met with Commissioners for approval of travel to the Public Health Emergency Preparedness Conference in Cleveland.
Blain noted he spoke with Brook Million regarding a Channel Zone Mapping (CMZ) project on East Rosebud River. Million is in favor of doing the study noting the County is sponsoring similar projects on Rock Creek and the Clarks Fork River. Commissioners were frustrated that there isn’t funding for updating floodplain maps following the 2022 flooding. Blain moved to support the Application for the CMZ mapping project on the East Rosebud River; Miller seconded; Blain noted the County has no intention of using the document for regulatory purposes going forward; motion carried.
9:05 Sanitarian Barbara Krizek, Sanitarian Jesse Gutierrez, Lori Kane, and Sally Birkelo met for the Environmental Health monthly update. Krizek and Gutierrez reviewed their written report (attached). Discussed Code Enforcement process and staffing.
10:00 County Attorney Alex Nixon met for his weekly meeting. Discussed the Fiscal Year 2023 Audit and Griffin Lane which is not a County Road.
10:30 Commissioner Bill Bullock joined the meeting.
Contract Planner Forrest Mandeville joined the meeting. Blain moved to approve the contract with Forrest Mandeville consulting for Planning Services; Miller seconded; Blain noted Mandeville has served the County well; motion carried.
Tim Jager from the ARETE Design Group joined the meeting. Commissioners and Jager discussed the recommendation for the Red Lodge Sand Shed bid award. Jager reviewed ARETE’s recommendations and sub-list. Discussion of the project expenses; Jager noted the concrete costs are significant at about $150/sq foot. Blain moved to award the Sand Shed Project to Langlas and Associates; Bullock seconded; Commissioners discussed available funding, construction timelines, and costs associated with material orders and engineering for the prefabricated building which may hit the 2023-2024 Budget. Items should be within the current 2023-2024 budget and the balance of the project would be in the 2024-2025 fiscal year.

11:00 Board of Health meeting. Rebecca Frank, Billy Oley, Sanitarian Barbara Krizek, Sanitarian Jesse Gutierrez, and Ethan Quenzer from Engineering West were present. Krizek and Guiterrez. Krizek presented a variance request for Andrew James to reduce the required 100 ft. setbacks from E. Rosebud Creek and to build within the floodplain. The current system has failed and the tank is being pumped weekly or more frequently. The house was built before the survey and before the adoption of Floodplain regulations. Quenzer reviewed the justification for the Variance Request:
1. Special Conditions: This parcel is located nearly entirely inside of the floodplain boundary but considering that the parcel was created in 1962 there were no floodplains delineated.
2. Not a result of the applicant: The existing wastewater system was installed when the house was built in 1959 and the current homeowner must replace the failing system.
3. Strict application unreasonable: Strict application will deprive the property owner of a reliable wastewater system.
4. Minimum Variance: The setback variances are the minimum required to allow reasonable use of the conjoined house’s utilities as well as the most reasonable environmental improvement to the system.
5. Necessary to provide reasonable use: Without variances, the existing system will continue to fail, and continue to contaminate the creek and groundwater. And the failing system could become a public health hazard.
6. Not injurious: Construction within the setback will be considerably more of an improvement compared to the existing system.
Discussion of constraints of the lot and benefits of an engineered solution. Blain moved to approve variance requests as submitted for 1975 Highway 78 COS 221; Miller seconded; Krizek noted she was in support of the variance; motion carried.
11:15 Blain moved to adjourn until the next scheduled agenda item at 11:30; Miller seconded; motion carried.
11:30 Public Health Coordinator Erin Cross and Human Resource Specialist Kate Asbury met regarding leases for 3rd party healthcare providers. Blain and Miller did not have concerns with implementing a lease process as long as there was equal opportunity for all to apply.

11:35 Bullock joined the meeting. Commissioners would consider a proposal to allow 3rd party health providers as defined in 50-4-106(3) to utilize county space after the formal approval of a lease agreement at a regularly Agendaed meeting, proof of a State license to provide health care services, and receipt of a liability insurance certificate naming the County as additionally insured. Discussion of WIC nurses and existing contracts with Riverstone for those services. Bullock moved to approve the lease with Wild Roots IV & Wellness pending documentation of licensure and liability insurance; Blain seconded; motion carried.
Bullock discussed the Coal Board meeting regarding the Grant Application for the Red Lodge Area Community Foundation’s Community Area Ride and Transit system (CART). The Grant was not awarded, discussion about the future of CART and Bullock’s reiteration that the County will not be financially supporting CART with existing County revenues.
12:00 Geospatial Information Systems Coordinator / Fire Warden Tom Kohley met for road approach permit approval. Commissioners as Kohley also discussed the surplus Federal Firefighter Property loader.
12:00 Adjourned.

Respectfully submitted: Angela Newell, Administrative Officer