Yellowstone County Commissioner Agenda Meeting

January 1, 2017




All meetings take place in the Commissioners Board Room (403A)

and are open to the public unless otherwise noted

TUESDAY - January 3, 2017

8:00 Human Resources/Finance/Litigation

8:30 Department Head Meeting

9:00 Agenda Setting





Brad Shoemaker

a.) Worden VFD - Repeater at Pompey's Pillar Site

b.) Potential Update to County-County Mutual Aid Agreements

c.) Discussion of Legal Needs with the BOCC




B.O.C.C Monday Discussion


Meeting Date:



Worden Fire Pompey's Pillar & Frequency Use

Submitted For:

Brad Shoemaker, Emergency and General Services Director

Submitted By:

Brad Shoemaker, Emergency and General Services Director


Brad Shoemaker

a.) Worden VFD - Repeater at Pompey's Pillar Site

b.) Potential Update to County-County Mutual Aid Agreements

c.) Discussion of Legal Needs with the BOCC


Worden VFD would like to place a repeater at the Pompey's Pillar radio tower site

owned by Yellowstone Co. and sign a cooperative radio frequency use agreement to

use frequencies licensed by Yellowstone Co. with the FCC.

Discussion and review of a potential update to county-county mutual aid agreements.

This was brought up by neighboring counties after the summer of 2016 fires.

Discussion of legal needs with the BOCC.


Approval of the MOU and approval for DES to execute the cooperative radio frequency

use agreement that must accompany the repeater placement.


PPillar Site Lease

Frequency Use Agreement


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Pompey’s Pillar Radio Site


This agreement is entered into between YELLOWSTONE COUNTY, herein referred to as the

"Lessor", and the Worden Volunteer Fire Department, herein referred to as the "Lessee"

WHEREAS, the Lessor is the owner of the real property described in this agreement and;

WHEREAS, the Lessee desires to lease the real property under the terms of this agreement.

NOW, THEREFORE, in consideration of the terms set forth in this agreement, the parties agree

as follows:



: This agreement governs the lease of the following described real property

referred to in this agreement as the "SITE". The building within the SITE will be referred to

as the "FACILITY".

SITE Description

: The communications site known as "Pompey's Pillar" located at 7 Mile

Flat Road; Certificate of Survey No. 753 in SE4, SE4, SW4, Section 3, T3N, R30E; Cell

Tower Site #MT05070 Line A841; as recorded in the Yellowstone County Clerk and

Recorder's Office on February 11, 1957 as document number 577698. Said tract of land

contains one (l) acre. The existing improvements at the site consist of one radio tower, a

building, a generator, propane tank, microwave dishes, other radio equipment and antennas.



: The purpose of this Lease Agreement is to provide a SITE to locate and operate

public safety land mobile radio communications equipment that serves the Lessee as well as

other rural and volunteer fire departments in the county coop program.



: The Lessee will utilize existing utilities and services provided at

the SITE. It is understood that the co-located Public Safety radio equipment will utilize a 4'

by 8' section of the FACILITY, and its equipment will be housed and maintained in a

professional manner. The Lessee shall reimburse the Lessor for any damage resulting from

misuse of the site, other than ordinary wear and tear. If required by the Lessor, the Lessee

may be responsible for a pro-rata share of the utility payment for the Public Safety radio

communications co-located at the SITE. See "RENT" section below.



: Any notice required or given pursuant to this agreement shall be deemed effective

on the day it is personally received by an agent of the Lessor or Lessee. The notice shall be

made by United States Mail, Certified Mail, Return Receipt Requested, Postage Prepaid and

addressed to the party at the address set forth herein.



: The annual rent assessed to the Lessee for the term of this agreement is the pro-rata

share of the annual utilities paid by Lessor, the pro-rata share of maintenance costs paid by

the Lessor and the pro-rata share of the annual rent paid by the Lessor for the previous term


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(April 1st – April 1st). The pro-rata share is defined as the “actual” annual costs to operate

the SITE divided equally by the users of the SITE. The Lessor will invoice the Lessee by

May 1 of each year for the annual rent. Lessor reserves the right, due to unforeseen

circumstances, to determine the need for an annual maintenance fee after the first year of this

agreement. The fee shall only be used to provide for SITE and FACILITY maintenance or

improvements that benefit all users. Fees shall not be used for the repair of an individual

user’s equipment. Repair and maintenance of individual user equipment is the sole

responsibility of the user- in this lease, the Lessee. The pro-rata share of the annual costs will

be recalculated when new users are added to the site.



: The Lessee agrees to maintain the SITE in a neat manner

at all times and shall not permit any waste or debris to be accumulated on the property. The

Lessee agrees to obtain approval from the Lessor for any alteration of the site other than

routine maintenance and repair, or for any change or installation of new equipment. The

parties agree that if the Lessee stops using the SITE that the Lessee shall remove their

equipment from the SITE and restore the SITE to its original condition within a time period

agreed upon by both parties. The annual rent will be prorated from the previous year’s

payment to the termination date.



: The Lessee shall complete and keep current the frequencies of all the

pubic safety radio equipment at the SITE listed on Attachment A to this agreement.



: All equipment must adhere to R56 grounding standards and

each transmitter must be labeled showing the user name, the transmit, the receive and the

tone control frequency. All batteries must be the sealed gel-cell type. Any new feed line for

antennas between the entrance port and the antenna mounted on the tower must be minimally

LMR 400 or ½ inch Jacketed Heli-ax, terminated with “N” or DIN type connectors and

properly installed grounding kits. Mounting clips must follow EIA/TIA 568 standards. No

RG-8 or 213 transmission line is allowed. Adapters or mixed connections are highly

discouraged as they can be a source of generated interference.



: The Lessee acknowledges that the SITE and its

access road are on private property and the Lessor is not obligated to maintain the access

road to fit the Lessee’s needs or requirements. Access shall be limited to Lessee’s members,

its radio maintenance employees or contractors who install or maintain the public safety

radio equipment. Access to the SITE by the Lessee or other user employees or contractors,

shall be limited to daylight hours; unless an emergency arises that makes access at other

times necessary to remedy the delivery of emergency services to the public. The Lessee

agrees to require radio maintenance employees or contractors to sign in and out by contacting

the Lessor’s Site Manager by phone or email on each visit to the site. In the event the Lessor

is not available, a message will be left detailing the time and purpose for the site visit.

10. INTERFERENCE WITH OTHER EQUIPMENT: The Lessee understands that its equipment

must not interfere with other public safety equipment located at this SITE. If interference is

detected, and determined to be caused by the Lessee, the Lessor will coordinate with the

Lessee to address the issues and fix the problem in a timely manner. Failure to fix the


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problem may require replacement or removal of the Lessee’s radio equipment, if deemed

necessary by the Lessor, to address the interference issues.



This Lease Agreement shall be binding upon the heirs,

successors and assigns of the parties hereto.



: At least two copies of this agreement shall be signed by the parties and

each copy shall be deemed an original.



: The Lessee assumes all risk of and shall indemnify and hold harmless Lessor

for any claims, or legal actions for personal injury to or death of any person, or damage to or

destruction of property of anyone, including the Lessee resulting directly or indirectly, from

the Lessee’s use of the SITE, excepting such claims or legal actions which are caused by the

sole negligence of the Lessor. Applicable Montana statutory provisions limit liability to

Seven Hundred Fifty Thousand Dollars and No Cents ($750,000) per claim/per person or

One Million Five Hundred Thousand Dollars and No Cents ($1,500,000) per occurrence.



: The following persons will be the contact persons for

each party.


Yellowstone County DES

Bradley Shoemaker, Director DES*

PO Box 35004

Billings, MT 59107

Phone: (406) - 256-2775


*Site Manager for Yellowstone County, to include any successor.

Worden Volunteer Fire Department (Lessee)



If changes in the contact persons occur in the future, either party is to notify the other

party by mail or email of the change.


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IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the date appearing

beside their respective signatures.


Board of County Commissioners

Dated this __________day of ___________________, 2017.


John Ostlund





County of Yellowstone


On the ____ day of _________, 2017 before me, a Notary Public in and for the State of

Montana, personally appeared John Ostlund, known to me to be the Chairman of the Board of

County Commissioners of Yellowstone County, Montana who signed the foregoing

instrument and who acknowledged to me that they executed the same. WITNESS my hand

and seal the day and year hereinabove written.

Teri Reitz


Notary Public for the State of Montana

Residing at

My Commission expires


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Worden Volunteer Fire Department (LESSEE)

Name (printed): _____________________________________________________

Title: _____________________________________________________________


Date __________________


Worden Volunteer Fire Department

Acknowledged before me this ____ day of ___________, 2017 by _______________________

in the capacity as the __________________________________________________________ of

Worden Volunteer Fire Department



Notary Public for the State of Montana


Residing at ______________________

My Commission Expires ____________________

Reviewed for Legal Content by


Date _________________

County Attorneys Office


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Attachment A

Frequency List –LESSEE:

TX 154.2350


RX 159.0600









Expires 12/20/2026

************************* *********************** ******************************

The purpose of this agreement is to provide for the sharing of specific radio frequencies that are

authorized and/or licensed to each agency. This agreement


required and authorized by

departmental policy in compliance with FCC rules and regulations, part 90.421, regarding the

sharing of radio frequencies. It is understood by all parties tothis agreement that the following

conditions will govern the mutual use of their respective radio frequencies specifically identified

within this document. From this point forward Yellowstone County Department of Emergency

Services will be referred


as Yellowstone County.

1. All parties agree to provide evidence of authorization or license to operate, for each

frequency listed herein, to all other parties, and to immediately notify all other parties when

conditions of the authorization and/or license to operate change or the authorization/license

becomes invalid.

2. Each party shall exercise control and be responsible for all radio transmissions on their

respective authorized/licensed frequencies, and reserves the right to immediately terminate

the use of a specific frequency or frequencies by all other parties temporarily when it is

deemed necessary by the controlling party.

3. The controlling party for each frequency shall determine the dispatch and management

procedures tobe used for that frequency. Special use authorization may also be given with

specifics listed at the end of this document.

4. All parties are authorized to use frequencies for radio testing and maintenance purposes.

5. Any party may terminate this agreement at any time by giving written or oral notification to

the other parties involved.

6. Unless otherwise terminated, this agreement shall remain in effect from the date of approval

until the expiration date of the radio frequency authorization(s) or license(s) involved

whichever is sooner. Short term authorization dates can be listed at the end of this


7. Any party may request for this agreement to be periodically reviewed or updated, as

conditions dictate.


8. Any use of the frequencies identified herein under conditions other than those identified in

this agreement will be reported as interference, and appropriate action will be taken.

9. All parties must abide by any and all rules and regulations set forth by the Federal

Communications Committee, OSHA and The Telecommunications Act of 1996.


Frequency use is authorized for mobile/portable radios for use county-wide and for

programming in base station/ repeater radios as specified in the FCC License.


Repeater programming MUST have a Tone programmed in on both the Rx and Tx side.

Worden VFD shall inform Yellowstone County of the Tone selected.


This authorization grants the Worden Volunteer Fire Department, conditional use of

Yellowstone County frequencies for communicating with Yellowstone County Dispatch Centers,

Fire Stations, Emergency Operations Centers, Incident Command Posts, and field personnel

while performing duties on behalf of Yellowstone County for activities relating to disaster and

emergency activities. Mobile radios may only transmit 100 watts of power output maximum.

All frequencies will be used as their assigned function in coordination with the state mutual aid

system and all dispatch centers. Individual Yellowstone County frequency assignments can be

found below.


1.) Frequencies:

Transmit Power: 100 Watts.

License Call Signs: WQYR418.

The following programming is authorized to be put in MTDES mobile and portable radios.




Worden Tac Rpt



At County Pompey’s Pillar Site

Portables & Mobiles



Number of: Repeaters: 1 , Mobiles _75_ or Portables _75_ (Not to exceed the total number

specified on FCC license when combined with mobiles and portables of licensee and other


Contact: Brad Shoemaker, Director. Yellowstone County Department of Emergency Services 406-


**************************************** **************************************

In Witness Thereof, this agreement has been executed

by and on behalf of the parties listed


Agency 1:

Yellowstone County Department of Emergency Services

Representative: Bradley Shoemaker, Director



Agency 2: Worden Volunteer Fire Department

Representative: Name:



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