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County raises liability, cost and timing concerns over Billings’ proposed tower transfer
Summary
Daniels County commissioners reviewed a draft MOU and vendor quote to decommission a Billings radio tower and transfer it to the county, raising concerns that the MOU as written could make the county responsible for decommissioning costs and damages; commissioners requested amended language, a 'not to exceed' invoice and confirmation of insurance responsibilities.
Daniels County commissioners spent the bulk of their Nov. 22 special meeting scrutinizing a draft memorandum of understanding tied to the proposed decommissioning and transfer of a City of Billings communications tower.
Brian of Red Tail Communications joined the meeting by phone to walk commissioners through a contractor quote and logistics. Commissioners voiced concern about MOU language that, as drafted, would make the county responsible for “payment of all costs and expenses associated with removal of the tower” and for damages that occur during deconstruction on city property. Commissioners said that wording, if left unchanged, could impose unclear liability on Daniels County before the county takes possession of the equipment.
Red Tail’s representative said the crane operator will carry insurance for on‑site work and recommended that the county ask Red Tail to amend its invoice to a not‑to‑exceed format and include a clearer cost allocation: items the city will pay, items Daniels County will pay and items the contractor will carry insurance for. The contractor estimated Daniels County’s portion of the presented work at roughly $5,595 (as represented in the quote) but said that overall crane costs might be cut in half if the job is completed in a single day versus two days; the contractor noted the estimate is conservative and weather is the principal scheduling risk.
Commissioners asked for photographs, the tower spec sheet (section length and weight per section), and clearer written language confirming acceptance criteria (for example, that the county may reject the tower if deconstruction reveals unsafe or unusable sections). They also proposed a separate agreement or addendum between Daniels County and Red Tail to allocate responsibilities clearly and to avoid assuming the crane operator’s negligence.
Priscilla, on behalf of the City of Billings, joined by phone and said some invoice changes should be made on the contractor’s invoice rather than the MOU; she also warned that city legal may be reluctant to change certain liability text. County staff said they would request amended language from Red Tail and the city and hold a special meeting on Nov. 26 to review updated documents if they are returned promptly.
Next steps: county staff will request Red Tail amend its invoice to include not‑to‑exceed language and provide detailed cost line items and spec sheets; commissioners requested the city and contractor clarify insurance and liability allocations before signing any MOU or committing county funds.
