Billings County Commission - Regular Meeting

The purpose of the meeting is a special meeting concerning the letter of support for Theodore Roosevelt Presidential Library and the National Park Service land swap. So I guess to make it easier and shorter, We would like to get explained how this is going to, or why it needs to happen is the big question. And we also note that Kelly Armstrong from the governor signed it as an acknowledgement also. So would you want to explain a little bit, Rachel?

Yeah, so I think everybody is aware that there's a housing need in Medora for all of our entities. You know, my employees, incoming library employees, that's just a thing here. And from the National Park Service's side, it's my understanding that this lot that the park owns has always been kind of left vacant because we were always going to put housing on it and that has been the story for literal two three decades or more with the park and there's there's no. You can see that there's no housing on on the land right, and so we have a housing shortage with our. seasonals and our staff every season we deal with it, I had a couple people that had to turn down positions this summer right because there's nowhere. to live and so from the federal side I think you guys probably know how difficult it is for us to get funding and for us to do projects and also I have a significant deferred maintenance portfolio with the housing that I do have and so from the from the park services side of the table to have an opportunity to enter into partnership where we can meet several needs in the community and allow multiple entities to have housing for their personnel. That's an attractive opportunity for us. And even more so for me, the thought of not building and being responsible for the operation and the maintenance of the facility and perpetuity. I mean, that is a gift for the park because we can't keep up with the portfolio that we do have. And so that's, I think, the main need. And if the Park Service kept the land for housing, I mean, I couldn't even guess when we would actually see housing and people living on that property and being a benefit to our workforce. I mean, it would take a significant amount of time and funding that I don't have. And I don't have... You know, I have no reason to believe, I guess, that the funding is coming to be able to do a project like that.

Okay. Well, I do want to let Jared step in too, but Ken or Chris, do you guys have something to add to this? Ken is going to speak.

Yeah, thank you, Mr. Chairman and commissioners. This issue has been, of course, known for some time, but we have been and are in a housing crunch. And there's a real need to find a future space for us to work to address that issue personally. But also, we looked at this as like a public-private partnership. The federal government working with the Library Foundation To mutually work together for the positive of both organizations to come up with a long term solution of housing and this opportunity to do a land swap was kind of a cost effective and progressive way to do this. Uh, the library would, would transfer the inholding properties that we have in the park, uh, and transition that, uh, and do the transfer for this land in, uh, adjacent or current, uh, uh, national parkland to develop, uh, uh, two partnerships where we both would address housing needs and, uh, we would be in a much better position to do something sooner than later and really see it as a win, win all around for the parks would get the opportunity they're looking for, we would get what we were looking for. And I guess for even from a county perspective, because we would then make sure that we could keep these folks all living in the county and more specifically in the city of Medora. So we really looked at it as an opportunity here for mutually working together to solve this issue.

Okay. Thank you for that. So I guess you're asking for a letter of basically support. That's what it says, letter of support. from Billings County and I know that I just want to say my side of it as being one commissioner that there's been overwhelming calls not to sign this letter from our county residents. They're very they're just very apprehensive about it I don't want to get into it in detail but I think you know part of it you know there's been a number of things that have happened here in our small community and and and the big question is do we have to do this are you gonna just convey the land over trade I guess is what you're doing here you don't need our blessing Anyway, so just do it. You know, I mean, if there's private land involved, I can trade with you or you and it's not going to come to us. So I guess that's our question. If someone can answer, does it have to happen? Go ahead.

When you say does it have to happen, you're referring to the letter of support? The letter, yeah. So we have a new secretarial order that requires the National Park Service to acquire a letter of support from the county. This secretarial order is so new that honestly, sir, if the county didn't give the letter of support, I don't know if there's another, what's the word I'm looking for? I don't know if there's another trajectory. I don't know if there's a waiver. process or some sort of exception that we would then be looking at that avenue. I just don't know because this is a brand new secretarial order. I certainly don't have experience with this secretarial order to date. I do know that other parks across the country have been going through this same process now, but again, it's a brand new secretarial order. So I'm just not sure what happens if we don't get the letter.

Okay. Well, now I'm going to ask Jared, then, our state's attorney, because he's done some research, and then we'll see what he has. Is that all right, Jared?

Yeah. Can you hear me okay? Yes. Okay. Rachel, do you have a copy of that secretarial order with you?

In my email. Uh-oh. And the director of the first service is calling me right now.

Okay.

Okay. Give me one moment, Jared. I guess she can leave a message, right?

I wasn't able to find, if it's a secretarial order that is nationwide or for all services or land exchanges, rather, I'm trying to say that, then I guess I wasn't able to find that. I was looking more specifically for this one, this land exchange. But in any event, I would just be curious regarding, however, with that said, I think we lost Steve.

Just pulled him back in.

We're good. So just from a statutory research perspective, given the two parties here, the county is not a party to the land swap. However, as Rachel and Ken alluded to, both Governor Armstrong, the governor has to approve it as well as the local government, whether it be the county or the city, you know, whoever would have zoning authority over the land. The governor and the local governments have to be notified, which they were. The county does not have, let me just review my notes here. The county commission, cannot block an otherwise authorized federal land exchange through the withholding of support or adopting an objection through resolution or otherwise. The federal agency retains the legal authority to decide whether to proceed subject to any governing statute valuation requirements for the respective properties any environmental reviews that may need to be done, and then the required public interest determination. That is the role of the county commission here is to weigh in on the public interest factors. Primarily those factors include the public interest on the whole and whether there's a determination by the commission that the public interest would be served. Based upon both, you know, the Governor Armstrong's representations, what Rachel and Ken have already alluded to as far as housing, that, I guess, I would say that the public interest factors, you know, are likely to be served. But again, the county cannot step in or object to this because the county itself is not a party. We just have to receive notice and then have an opportunity for individuals to weigh in and determine then if the public interest factors are met. Okay.

Thank you for that. I don't know if the Commissioner, Steve, or Jim, you guys want to put your input?

I'm caught right in the middle of this. I've had the calls to maybe the same ones Dean has, I don't know. But it just boils down to, you know, the housing, all that I think is well needed. I mean, there's no, that's, we do. But then again, it just seems like the people are just upset with library, period. And is that the reason to go with it or against it? I guess Governor Armstrong signed it. If we don't have to say either way, that's how I feel right now. Because I'd like to support the people also. That's why that was my campaign deal, what they wanted. But then again, I didn't weigh out who's whatever. It's a touchier one here in the last few weeks than it was a month ago. Let's put it that way. I don't say that. So I see both sides. I don't know. Steve?

So everything you guys said is exactly how I feel. And secondly, I'm not sure why we have to have a special meeting.

Why couldn't this wait until next week? But beside the matter, I guess, I am mixed.

It is great for the housing thing, like we didn't talk about. But for example, if somebody else in Medardale owns land. Can they go through this process with the park service? Are they going to get anywhere, for example, versus the library? So yeah, I would just like to remain neutral, kind of like I voted on the short ranch thing. I just like to just not say against or for it, but there's good and bad on both sides.

Okay. Mr. Chairman, if I could add a couple things to address some of the comments. The library right now is probably the only entity around that is looking, having a staffing now somewhere between 95 and 100 people. larger than what we originally anticipated and was thinking gonna happen. And so we're still trying to get ourselves fully staffed and we're trying to do that shortly. And one of the issues we have as we're looking at staffing and keeping people local is to have housing for them. Now, this won't be addressed in time. It would be assured of that because of the timing, but it is in the, process of us being able to identify and offer something like this for for staff that want to be there the second reason why we want to look at this housing is is that We need staff to be local should that are on the operation side of the project should there be an issue. Any type of infrastructure issue mechanical electrical computer, we need to have staffing readily available to to be on site and address it immediately, and therefore the location is super super critical. and then and then the other reason why we appreciate it and I do thank the Commission much for being being available is we have an appraiser who's supposed to be on site tomorrow that's going to start looking at appraising because they have to do that as a part of the process so there ended up it's kind of a short notice but it ended up being that They were going to be there, and this is this is a long process it's not just a short request there's a federal process which we're going through, and so the need for sure is there, we have to do something to be addressing we think it's a benefit to. And to be able to help the park district, who is it much more difficult procedural process, but when we build our partnership and define that we think we can help the parks and then they're. hiring and retention, as well as what we want to do and really feel it's a win win for us and we haven't hope it would be for the county also. Um, and that that's why we're here doing a little bit about the timing, but the true benefit of what this is and the value that it brings to the library. And that's why we're doing their request. We wish no harm on anybody in the county. Hopefully we're not doing anything that would be detrimental. Um, we would hope that this would be a benefit.

I'd like to just comment to Ken there.

When a company comes in, it's not the county's fault or a problem to have to provide housing or office space. So. I get it, it's a good local for you, but you guys knew what Medora was like coming into it.

Whether you're going to be able to acquire land in your office or your housing, and some of the foundation employees, you would talk to them. People don't live year-round in Medora because they get bored or they want medical facilities, so it's not necessarily a great place for everybody to live year-round as employees. There's several that have quit the foundation because of the amenities that are not in the door too. So on the flip side.

Yeah, I understand what you're saying, Steve. I think the thing about it is, is we will, because we are open 24 hours a day, We're open year round and and because of the technology of our project, we probably are going to mandate that some have to be there, even though. I don't think by means be the majority, but we have to have that availability, I think, to to keep things running as it should on our site. This is just one avenue for us to make that the best it can be and hopefully.

give them amenities that they want so Jared you had mentioned maybe a little more info now because I had asked him a couple times I said this isn't going very well in the county residents and so he said Maybe we need to have some public input before we would agree or something. Is that something that we should or couldn't do?

according to the park uh i mean i don't think the park would have any ability to tell the county that you could or couldn't engage in a public process for for your letter and i did i did put the um link to the secretary order itself i sent it over to you ken i don't know if you could drop it in the chat so that jared um could have it too for his preference yeah yeah

Actually, I believe I did forward that already, but I'll try to, yeah, yeah. I'll try to research it again and get it sent back out. Can we get it too?

Yeah, if you could send it to Martha.

Send it to Martha. Okay, well. Does it make sense for us to get a list of any additional questions and be ready to answer them even if we have to postpone and file them for the next meeting and try to make sure that we've left no stone unturned. We want people to have all the information. And if there's something we're missing and we can still get to you, we would gladly work with you. We had no intention of this to be adversarial or negative to the county whatsoever. And if there's something perception there is, we would love to deal with that to make sure that we're on top of it.

Okay. No, Steve, to answer your question, that's why I called this meeting because I knew there would be, he's probably gone, isn't he, Steve? Are you there, Steve? No, I'm still here.

I'm about to take out your...

I know, you've got to go. So I just wanted to answer your question. I knew this was going to be controversial and so I wanted us to do this and I think that we're probably just going to table it until the next meeting, which is a week from today, right?

It's next Thursday.

Or next Thursday, okay. And then that way maybe we can gather more info and be more prepared. But I wanted it to get out in the open so that people heard what was going on. Okay. Okay, anything else? Anyone else want to speak on this subject?

So are we going to have a line item next week for discussion to open to the public? Or what's the plan, I guess, exactly?

I don't know.

And the agenda hasn't been completed for next week, so it won't be due until Thursday. So we can add this to the agenda. And whether or not you want to have a public hearing or however you want to do it. I mean, it's still a public hearing if you put it on the agenda. But to have it open for people to come and speak if Okay.

Well, I think we just put it on the agenda, and then if it does require a next meeting, then we'll have to do something more public, because this isn't much notice, really, if we're going to do more about it. I don't feel, but what do you guys think?

Yeah, I'd move to postpone it until next commission meeting.

Yep. Go ahead, Chris.

Let's get our motion going first and then we'll go ahead.

Because there is a motion on the table. I will second it. Because I know we need more input. And now we can go to discussion.

I know you've been getting feedback from constituents that it would be helpful for us have a better understanding of what the feedback is so we can help answer those questions and bring some perspectives next meeting. I don't think it needs to be scientific or really who said what, but if there are themes and that feedback would be really helpful for us to be able to come prepared for that.

Sure.

If I could comment to Chris there, you know, the procedural that you guys have talked about, I think that the public wants to see some of that of how the requirements are and maybe the answer of, Do we really truly have to support this, or you guys will get it done anyways?

That's all. Thank you, Steve.

I think we need to get it somehow posted, the stuff that you sent us, that order, so that people can read it on the website. We can do that, do you think?

We could put an attachment on the agenda for next week.

Okay. people to read yeah okay yeah anybody else and we'll uh i think we're good to go we'll get a motion to adjourn i'll make that motion we have a motion second most meeting is adjourned thank you all