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103rd Annual MACo Conference Minutes


Opening General Session - Monday, September 24, 2012

Great Falls, Montana

Connie Eissinger, McCone County, MACo President

The 103rd Annual Conference of the Montana Association of Counties opened at 8:30 am. President Connie Eissinger introduced the head table:

  • Connie Eissinger, McCone County, President
  • Greg Chilcott, Ravalli County, 1st Vice President
  • Joe Briggs, Cascade County, 2nd Vice President
  • John Ostlund, Yellowstone County, Past President
  • Cynthia Johnson, Pondera County, Fiscal Officer
  • Paddy Trusler, Lake County, Parliamentarian

The Malstrom Air Force Honor Guard presented the Colors for the Pledge of Allegiance.  The National Anthem was sung by Jazmyn, Rozlyn & Quinta Steel, and Reverend Jim Peterson, Great Falls Congregational United Church of Christ, conducted the Invocation.  The MACo Members were then welcomed to the 103rd Annual Conference in Great Falls, Montana:

  • Michael Winters, Mayor of Great Falls, welcomed everyone.
  • Greg Chilcott, Ravalli County, MACo 1st Vice President, responded with thanks for welcoming MACo to Great Falls.

 

Roll Call

Cynthia Johnson, Pondera County, MACo Fiscal Officer

After Roll call was taken, Cynthia Johnson announced a quorum was present to conduct business.

 

Approval of the 2011 Minutes – 102nd Annual Conference

Motion/Vote:  Ken Ronish, Fergus County, made a motion to approve the 2011 Annual Conference minutes. The motion was seconded by Gary MacDonald, Roosevelt County, and passed unanimously.

 

Resolution in Memoriam

Jane Weber, Cascade County

Whereas, the members of the Montana Association of Counties, with great sorrow and a deep sense of loss, wish to remember and honor those members who have been taken by death since the last Annual Conference of our Association; and

Whereas, each of those County Commissioners has rendered innumerable public services to his or her respective county, to the state of Montana, and to the people thereof; and

Whereas, the absence of these persons is keenly felt as a great personal loss to their families, friends, and colleagues.

Now, therefore, be it resolved, by the Montana Association of Counties in conference duly assembled in Great Falls, Montana, this 24th day of September, 2012, that the Association does hereby pay tribute to the memory of Commissioners:

  • Edward Filmore Arnott, Jr., Judith Basin County
  • Donald Patrick Bailey, Rosebud County
  • Jefferson Veach Doggett, Meagher County
  • Jim Dupont, Flathead County
  • Glen Hutchinson, Wibaux County
  • Victor Miller, Blaine County
  • O.S. “Jack” Ellis, Musselshell County
  • Hershel Robbins, Musselshell County
  • Isidor Sackman, Prairie County
  • Dale Williams, Flathead County

And on behalf of its members and the citizens of the State of Montana, the Montana Association of Counties does hereby express gratitude for their achievements and contributions to the public good of their counties and to Montana.

Motion/Vote:  Gary MacDonald made a motion to adopt the Memorial Resolution. The motion was seconded by Mike Murray, Lewis & Clark County, and passed unanimously.

 

Announcements

Connie Eissinger, McCone County, MACo President

  • Turn in your Commissioner Bio sheet for committee appointments.
  • Visit with exhibitors and get your sheet signed.

 

Nominations Committee Report

Connie Eissinger, McCone County, MACo President

The Board of Directors, acting as the Nominations Committee, brings forth the candidates for the 2013 year as follows:

  • Office of Past President:   Connie Eissinger, McCone County
  • Office of President:  Greg Chilcott, Ravalli County
  • Office of 1st Vice President:  Joe Briggs, Cascade County
  • Office of 2nd Vice President:  Allan Underdal, Toole County
  • Office of 2nd Vice President:  Dave Schulz, Madison County
  • Office of 2nd Vice President:  Tony Berget, Lincoln County
  • Office of Fiscal Officer:  Mike McGinley , Beaverhead County

President Eissinger invited the nominees forward to speak:

  • Allan Underdal, Toole County, Office of 2nd Vice President
    • Opportunity and a privilege to run for MACo’s 2nd Vice President
    • 4-year commitment, and still have 4 years on current term in office
    • Family:  37 years married, 4 kids, 5th grandchild
    • Commissioner since 1993
    • MACo Experience: Board of Directors, Fiscal Officer, JPIA Trustee, JPA Trustee,  Health Care Trust Trustee, Tax, Finance & Budget Committee Member, and Energy Committee Member
    • Great organization and great staff
    • With term limits at the Capitol—loss of experience/knowledge—more critical than ever that MACo represent
  • Dave Schulz, Madison County, Office of 2nd Vice President
    • 12 years as a commissioner—running this year and plan to win
    • Married 38 years with 2 kids
    • MACo Experience:  represent MACo to the Montana Weed Control Association, Ag Committee, JPIA Trustee
    • Would represent well—look forward to opportunity—actions speak louder than words
  • Tony Berget, Lincoln County, Office of 2nd Vice President
    • Commissioner since 2007
    • MACo Experience: District Chair, try never to miss MACo conventions or opportunity to work with counties across the state
    • Stand together:  Get everyone involved—go  to counties who are not involved
    • Honored to serve
  • Mike McGinley, Beaverhead County, Office of Fiscal Officer
    • Unopposed at this time
    • Commissioner since 2000
    • MACo Experience: Elected 2nd VP in 2006, 1st VP in 2007, and President in 2008—been on Board since—Chairman of MACo HCT
    • Treat your money as if it were your own

President Eissinger asked for any other nominations and noted that nominations would remain open until the Wednesday General Session

 

2014 Conference Bids

Connie Eissinger, McCone County, MACo President

Three bids were presented for the 2014 Annual Conference:

  • Kalispell:  Hilton Garden Inn
  • Missoula:  Hilton Garden Inn
  • Missoula:  Holiday Inn

2013 Annual Conference:  Helena

  • Andy Hunthausen, Lewis & Clark County Commissioner:  Red Lion will host—excited to welcome everyone next year

 

Presentation of Proposed Resolutions

Mike Murray, Lewis & Clark County, Resolutions & Legislative Committee Chair

  • Packets
  • Two late resolutions:  Justice Court Filing Fees & Permanent Absentee Registration
  • Committee meetings tomorrow—encourage attendance—will review resolutions
  • Membership will vote on resolutions Wednesday

 

President’s Report

Connie Eissinger, McCone County, MACo President

MACo President, Connie Eissinger, spoke to the MACo Membership about the past year:

  • Succession planning, workshops (road law and budget), establishing litigation fund, oil boom and its effects
  • Working together as a team is important
  • Thank you:  Harold and staff, Executive Committee, Board of Directors, McCone County Commissioners Janet Wolff & Jim Moos, and husband Rodger

 

Statewide Public Safety Communications

Mike McGinley, Commissioner, Beaverhead County; Charlie Gilmore, Radio System Administrator, Lewis & Clark County; Dave Rau, Undersheriff, Lewis & Clark County; Dale Osborn, Lead Communications Technician, Montana Highway Patrol

How it works—why it is needed—how to keep it working and how counties can be involved

  • Statewide Interoperability Governance Board (SIGB)—Resolution
  • Fleetmapping roadmap
  • Dispelling Rumors:  Trunking and how it works; scanning between digital & analog; roaming, site selection, and range; scanners picking up conversations
  • Interoperability:  The ability of public safety providers – law enforcement, firefighters, EMS, emergency management, public utilities, transportation and other personnel – to exchange voice and data communications on demand, in real time. It is the term that describes how radio communications systems should operate between and among agencies and jurisdictions that respond to common emergencies.
  • Six Levels:  swap radios, talkaround, mutual aid, gateway/console, system-specific roaming, standards-based shared systems
  • Lewis & Clark County System
  • Terms:  trunking, talkgroup, mode, zone
  • Digital Benefits:  voice quality, security, wide area coverage
  • Three levels of redundancy:  wide area trunking, site trunking, failsoft (importance of legacy systems)
  • Radio Usage:  Zone C and Features
  • Business Practices Basics
  • Dispatch Talkgroups
  • Communications Within the Same Agency
  • Interoperable Talkgroups
  • Use of Conventional Inter-op Channels
  • Accepted Models of Radios

 

How to Effectively Communicate with Legislators from Home:  Before and During the Session

Senator Edward Buttrey, Senate District 13, Great Falls

  • Contacting your legislators
  • Email Rules
  • Pamphlet—Contacting Legislators
  • Harold Blattie, MACo Executive Director & Sheryl Wood, MACo Association Director:  Tips for testifying at the Capitol

 

The Role of NACo Financial Services Center at the National Association of Counties and With Your County

Peter Torvik, CEO & Managing Director, NACo Financial Services Center

  • NACo:  Represents All Counties at the Federal Level; 2,350 of 3,068 counties are members
    • Shares mission with key affiliates and partners—i.e., NACE; state county associations like FAC
    • Provides publications, research and other idea support to counties as well as advocacy
    • Operates businesses and programs to promote better solutions for counties
    • Profits from those businesses support the mission
  • Peter Torvik
    • Started this year with NACo:  17 Years on the NACo Financial Services Board; Private Sector Member
    • Background:  Financial Services-25 years Banking /Brokerage; Agriculture—Farmed for 10 years Fillmore County, Minnesota
    • NACo Financial Services:  NACo 457 with NRS; US Communities Cooperative Purchasing Program; Public Finance Authority; Network of Care
    • New Idea Factory
  • What’s New at NACo
    • President Chris Rodgers, Douglas County, Nebraska
    • Continuing:  Healthy Counties, Green Government, Vet’s Task Force—Permanent Status
    • New Initiative--Cyber Security
    • New Executive Director: Matt Chase
  • Our Programs, Partners, Co-Sponsors
    • Retirement—Nationwide Retirement Solutions
      • $11  billion AUM; 350,000 participants; 32 years
    • Cooperative Purchasing—US Communities
      • $1.5 billion annual sales, 55,000 registered participants; 15 years
    • Public Finance Authority—Wisconsin Counties Assoc., NACo, NLC, LWM (managed by HB Capital)
      • Inter-jurisdictional issuer; $1 billion issued or approved
      • 11 years of development, 2 years of operations
    • Healthcare Employee Benefits
      • CVS Prescription Drug Program—1,400 counties; 9 years
      • Network of Care—Trilogy; 800 multi-purpose sites; 5 years
  •  What Financial Services Looks for in a Program/Partner
    • Public benefit—better, faster, cheaper
    • High quality partners—proven, executed success—cultural fit
    • Desire for Growth—aggressive, creative strategies
    • Long term, high level commitment—willingness to invest, analyze, adapt
    • Realistic expectations, appropriate patience
  • What We Offer
    • Network of local governments and agencies
    • Influence and understanding at the federal, state and local levels
    • Key contacts and intelligence gathering
    • Assistance in positioning a product or service
    • Sales analysis and data
    • In this case: a unique financing vehicle--PFA

 

General Session - Tuesday, September 25, 2012

No Session:  Committee Meetings

 

General Session - Wednesday Morning, September 26, 2012

MACo Committee Reports

Agriculture Committee

Co-Chairs, Kathy Bessette, Hill County & Maureen Davey, Stillwater County

  • Department of Agriculture gave a brief presentation on their budget for the Noxious Weed Trust Fund.  The proposed resolution (Noxious Weed Trust Fund) would require them to make changes to the program and how they help counties.  The counties would still receive the two payments of $7500 and $178; however, the administration and the programs offered would be affected.
  • Resolutions Review
    • ESA Listing Requirements:  Incorporate into Policy Statement (Agriculture Committee)
    • ESA-Greater Sage Grouse Listing:  Incorporate into Policy Statement  (Agriculture Committee)
    • Livestock Assessment Date:  Do Pass
    • Noxious Weed Act Compliance:  Do Pass
    • Noxious Weed Trust Fund:  Do Not Pass (too ambiguous)
    • Open Cut Permit Fees:  Do Pass
    • Water Policy:  Incorporate into Policy Statement ((Agriculture/Community Economic Development & Labor/Land Use & Development Committees)
    • 2010-01, Amending the Interagency Bison Management Plan:  Do Pass
    • 2010-14, Movement of Bison:  Resolved during the 2011 Legislative Session, by SB 207 (MCA 81-5-121), so committee decided to resolve the resolution (Do Not Pass)
    • 2010-17, Food Safety Compliance:  Do Pass
  • Policy Statement Review
    • Amended Policy Statements: #3, #13
    • Incorporated three items from this meeting:  ESA Listing Requirements, ESA-Great Sage Grouse Listing, Water Policy
    • Additional Policy Statement:  MACo supports increased funding for advanced degrees and programs in veterinary science throughout Montana’s institution of higher learning. 
    • Committee to work on Policy Statement #6 for the Midwinter Conference—there are many factors that determine the value of land.
  • Other Business
    • Dan Happel is bringing an additional resolution to the Midwinter Conference.
    • Large Predator Working Group:  Creation of a working group, which would report to the Agriculture Committee.  Ron Stoltz and Dan Happel are to Chair the working group.

Community, Economic Development & Labor Committee

Chair, Joe Briggs, Cascade County

  • Nine members and a significant number of guests were present including current county commissioners not serving on the CEDL committee, members of the three congressional staffs and candidates for Commission on the November ballot.
  • Review Assigned Resolutions
    • Community Post Offices Districts:  Incorporate into Policy Statement
    • Oil Impact Funding Districts:  Incorporate into Policy Statement
    • Water Policy:  Incorporate into Policy Statement
    • Interim Zoning:  Do Pass
    • Statutory Cont. & Imp. of TIF:  Do Pass as Amended
    • Technology Districts:  Do Pass
  • Policy Statement Review
    • Reviewed the current Policy Statements that were extensively modified at the previous meeting and approved them with a few minor edits and the addition of the Community Post Office and Oil Impact statements. It was felt the Water Policy statement was better suited in another committee’s section of the policy book.

Energy Committee

Chair, John Prinkki, Carbon County

  • Presentations
    • Charles Weiman; Concerned Citizens Montana
      • Discussed CCM's role in developing MSTI line ROW issues
      • CCM is a non-partisan organization established to defend landowners’ rights in ROW acquisition and eminent domain. CCM worked with other stakeholders including some environmental groups to develop a consensus
      • Discussed new DC transmission line technology that should be considered for use in construction of transmission lines.
    • Tom Kaiserski, Dept. of Commerce Energy Office
      • Tom provided a presentation on current energy related development in the State of Montana.
      • Discussed the tax rates for MT and ND, pointing out that Montana now has a lower rate than ND.
    • Gary Forrester; MDU Resources
      • Gary discussed issues of concern to MDU, Water use laws, production tax increases and MDU adamant support for the tax holiday, effect of proposed Impact fees levied on oil and gas and the state’s general fund, the listing of sage grouse under the ESA, and the Governor’s Office review of the emergency powers act which would allow the governor the ability to shut electricity and natural gas service to certain businesses.
  • Resolutions Review
    • Carbon Tax:  Incorporate into Policy Statement
    • Presidential Permit for the Keystone XL Pipeline:  Do Not Pass—won’t be relevant
  • Policy Statement Review
    • Incorporated 1 Policy Statement from this meeting:  Carbon Tax
    • Amended Policy Statement #13:  Added the words “and coordination”

Health & Human Services Committee

Vice Chair, Carl Seilstad, Fergus County

  • Almost all of the members were present with numerous guests
  • Montana Department of Public Health & Human Services, Jane Smilie, Administrator, Public Health & Safety Division:  Eastern Montana Impacts, Medicaid Provider Rate Increases, Medicaid Reimbursement, Possible Legislation Regarding Mental Health and/or Public Health
  • Resolutions Review
    • EMS Council Run Review:  Do Pass
    • Medical Marijuana Ordinance Authority:  Do Pass
    • Food Safety Compliance:  Do Pass
  • Policy Statement Review
    • Amended
  • Updates on Children, Families, Health & Human Services Interim Committee:  Sheryl Wood, MACo Associate Director—Prevention Programs, Emergency Detention, Storage of DNA Evidence, Health Insurance Coverage of Clinical Trials, Revise Public Assistance Statutes relating to County Involvement, Revise Public Assistance Laws relating to Counties and Commissioners

Information Technology Committee

Chair, Sandra Broesder, Pondera County

  • Department of Justice—New Management Control Agreement:  The agreement is DOJ’s response to the FBI audit; law enforcement offices will be receiving the agreement; you need to review them when you get home.
  • Vendors & agency people attended more than commissioners
  • Jennie Stapp, State Librarian & Evan Hammer, CIO:  Montana State Library & IT Services Offered to Local Governments
  • Resolution Review
    • Montana Land Information Act:  Do Pass as Amended (50% option)
  • IT Governments Conference (December): There is one designated to local governments

Justice & Public Safety Committee

Chair, Bill Barron, Lake County

  • Joe Frohlich, Ravalli County IT Director and Jim Dolezal, Missoula County IT Director:  Department of Justice—New Management Control Agreements (via conference call)
    • Advised not to sign them; talk to your sheriffs; the agreement needs to be fixed
  • POST Council—Reorganization:  Jim Smith, Montana Sheriffs’ and Peace Officers’ Association
  • Discussion:  Dept. of Corrections—Jail Per Diem Rates/Contracts
  • Law & Justice Interim Committee Update: Sheryl Wood, MACo Associate Director
  • Resolutions Review
    • Justice Court Budgeting:  Do Not Pass
    • Justice Court Filing Fees:  Do Pass
    • Public Safety Communications System:  Do Pass
  • Policy Statement Review

Land Use & Development Committee

Chair, Paddy Trusler, Lake County

  • Resolution Review
    • Water Policy:  Incorporate into Policy Statement
  • Subdivisions for Lease or Rent
    • Encourage all to meet with MACo Land Use Attorneys, Tara DePuy and Susan Swimley
  • Board of Adjustment Appeals
  • Resolution that will be presented to the membership this afternoon:  Amend Title 76. Land Use, Chapter 2. Planning & Zoning, Part 2. County Zoning, 76-2-227.  Appeals from board to court of record

Public Lands Committee

Chair, Lesley Robinson, Phillips County

Joint meeting-Agriculture & Public Lands

  • Sage Grouse, BLM report by John Thompson
    • Sage Grouse habitat will affect 10% surface / 25% subsurface; 7 BLM districts in Montana; BLM does have authority to restrict use on Title 5 ROWs.  Example (T5 ROW on county roads going through Sage Grouse Habitat can be restricted on use)
    • Sage Grouse Habitat:  Billings (38% surface / 22% sub - Sage Grouse Habitat); Hi-Line ( 51% surface / 32% sub - Sage Grouse Habitat); Miles City (25% surface / 11% sub -Sage Grouse Habitat); Lewistown (37% surface / 50 plus% sub - Sage Grouse Habitat); Dillon (51% surface / 48% sub - Sage Grouse Habitat); Upper Missouri (NA); Butte (NA)
      • Procedure—Range of Alternatives
      • Preferred Alternative—Based on "Best Balance"
  • Bison, Jay Brodner
    • State Bison Plan (23,000 comments); proposal to expand movement of bison out of Yellowstone Park; does not address population control; talking about year-round habitat expansion; DOI—directed to look for 3 roaming herds
    • Wolves:  653 / 39 breeding pair / 130 packs according to MFWP (Stockgrower membership says that est. are way too low); wolf hunt - 220 quota - 166 harvest. (2011); general hunting system - no quota: 2012 (up to 3 - and only 1 can be shot - others by other means (not snares); livestock damage and loss
    • Grizzly Bears

Public Lands MACo Meeting

  • Brief update by Jay Brodner on wolfs, bison, grizzly
    • Update on Directive on Placement of Yellowstone Bison
    • Montana Code:  87-1-216  Guidelines on Bison in the State of Montana
    • Discussion of how to make MFWP follow statute on Bison management
  • Resolutions
    • ESA - Greater Sage Grouse Listing:  Incorporate into Policy Statement (Agriculture/Public Lands Committees)
    • ESA Listing Requirements:  Incorporate into Policy Statement—with amendment to identify healthy numbers (Agriculture/Public Lands Committees)
    • PR-DJ Administrative Funding:  Incorporate into Policy Statement
    • State Agency Coordination:  Do Pass
    • 2010-01, Amending the IBMP:  Do Pass
    • Movement of Bison:  Incorporate into Policy Statement (Public Lands Committee)
    • Support HR1581 (Releasing WSA's and IRA's) :  Incorporate into Policy Statement (Public Lands Committee)
    • Fort Belknap Community Water Settlement:  Drop (Policy Statement #9 Covers It)
  • Policy Statement Review:  Incorporated five policy statements from this meeting
  • Updates
    • Mike Murray, Lewis & Clark County Commissioner:  NACo position on CWA on Supreme Court, Funding for PILT/SRS funded as amendment of Highway Bill with possible sequestration reduction if not addressed by Congress—Mike Murray new NACo Public Lands Chair
    • Bison Update, Marty Malone, Park County Commissioner:  Park County sued based on health safety because YNP letting quarantined Bison
    • White House Conference on Conservation & Bison Update, Lesley Robinson:  All-day meeting—letter by MACo stressing that "local level support" needs to be to by successful for all

Tax, Budget & Finance Committee

Chair, Cynthia Johnson, Pondera County

  • MACo Budget & Audit Review:  Passed by Board of Directors
  • Resolutions Review
    • Oil Impact Funding:  Incorporate into Policy Statement (Community, Economic Development & Labor Committee)
    • Pension Reform:  Incorporate into Policy Statement (Tax, Budget & Finance Committee)
    • Justice Court Filing Fees:  Do Pass
    • 2010-13, Mobile Home Disposal:  Do Pass
  • Policy Statement Review
    • 2 New Statements:  1 from this meeting and 1 for Volunteer Firefighters/EMT Work Comp Funding

Transportation Committee

Chair, John Ostlund, Yellowstone County

  • Open Pit Permitting, Richard Opper and Judy Hanson, DEQ
    • Open Pit Permitting, Richard Opper and Judy Hanson, DEQ
    • History of where program has been
    • Legislative audit story, back log of permits
    • DEQ was basically writing permits for agencies; no hand holding anymore
    • Have redone the program, running more efficiently and are making most of their deadlines.
    • Fees paid by all, per cubic yard of gravel
    • Offer degree of help
    • No major changes in the legislature this year; no increasing fees
    • Fee 2.5 cents per cubic yard; $250,000+ revenue
    • Four new people, more applications than ever due to work in the Bahken
    • Agencies can use Google Earth map to map coordinates or not required to purchase fancy equipment.
    • Cannot be requiring agencies to buy/or assume that all have the equipment. GPS work
    • Pit and bond releases are not a priority
    • DEQ has back log of permits done – Eastern MT – July 2012 – 39 applications
  • Steve Jenkins, MT LTAP
    • What he does/has for local government
    • Aware of many county’s that are not having the success that DEQ thinks they are having
  • General Discussion – DEQ
    • Common Deficiencies
      • Attachments
      • Ground water information
      • Non-working coordinates
    • Process Better
      • Stakeholder meetings every quarter
      • Training
      • Pre application meetings
      • Look at making the application more user friendly
  • Resolutions Review
    • Open Cut Permit Fees:  Do Pass
    • Over Weight Permit Fees:  Do Pass
    • School Zone Speed Limits:  Do Pass
    • Special Use Fuel Permit Bond:  Do Pass
    • Interim Zoning/SB183:  Do Pass
    • Equipment Auction Limits:  Do Pass
    • Fuel Tax Bid Limits:  Do Pass
  • Policy Statement Review:  Amended
  • Additional Discussions
    • No Passing Zone Signs – waste of money
    • Contractors tearing up roads and getting away with it

Natural Resource/Public Lands Litigation Fund Committee

At-Large Member, Todd Devlin, Prairie County

  • Recent Meeting in Helena at MACo Offices
  • Funding Recommendations
    • 0.75 % of PILT, not to exceed $10,000 per county per year and not less than $1500 per county per year—capped at $5 million
    • Anticipate that not every county would want to be involved
    • Approximately $250,000 a year total

 

NACo Committee Reports

Agriculture & Rural Affairs Steering Committee

Agriculture Subcommittee Vice Chair, Kathy Bessette, Hill County

  • Budget and Farm:  Imperative that Farm Bill passes
  • Working together is important
  • Resolution to establish a “Whitehouse Rural Council”—direct line to Director Vilsack’s office
  • Rural Housing: Support foreign aid reform—learned much about immigration
  • Particulate Matter Issue:  Will likely come back—would shut down farming and cause havoc with road departments—will continue to fight it

Community & Economic Development Steering Committee

Committee Member, Cynthia Johnson, Pondera County

  • Most representatives are from large urban areas
  • Reservation Counties: Thinking about sending 1 or 2 members
  • Matt Chase, new NACo Executive Director:  Comes from the National Economic Development Association
  • Consumer Financial Marketplace

Environment, Energy & Land Use Steering Committee

Committee Member, John Prinkki, Carbon County

  • Carbon Cap & Resolution:  Mike Murray, Lewis & Clark County Commissioner, helped write
  • Railroad Act:  Captive Shipper Issues
  • Waters of the U.S.:  NACo is adamant that the word “navigable” remain in the Clean Water Act
  • Particulate Matter

Health Steering Committee

Committee Member, Bill Kennedy, Yellowstone County

Commissioner Bill Kennedy, Yellowstone County, was unavailable to report on the NACo Human Services & Education Steering Committee meeting.

Human Services & Education Steering Committee

Committee Member, Bill Kennedy, Yellowstone County

  • Passed 10 resolutions by majority vote

Labor & Employment Steering Committee & State Workforce Investment (SWIB) Board Update

Committee Member, Mike McGinley, Beaverhead County

  • Smallest Committee
  • 2005—Montana Local Labor changed to 1
  • Montana State Workforce Investment Board
  • NACo Board of Directors

Western Interstate Regions (WIR) Caucus & Public Lands Steering Committee

Board 2nd Vice President & Committee Vice Chair, Lesley Robinson, Phillips County Board Past President & Committee Chair, Mike Murray, Lewis & Clark County

  • Whitehouse Conference  on Conservation
  • Montana Great Outdoors Initiative
  • Letter to Secretary Salazar
  • Regulating Storm Water on Logging Roads
  • MAP 21:  PILT & SRS included

Telecommunications & Technology Steering Committee

Committee Member, Joe Briggs, Cascade County

  • FirstNet:  High-speed network dedicated to public safety
  • Metro area representatives on committee are seeking standards in legislation that would build massive networks for surveillance—controversial
  • Cyber Security Project:  Allow counties to work together against cyber threats

Transportation Steering Committee

Committee Member, John Ostlund, Yellowstone County

  • MAP 21:  27-month bill
  • Couldn’t attend the annual conference this year

 

Visitor Information Center Funding Changes

Jeri Duran, Division Administrator, Montana Office of Tourism, Department of Commerce

  • Program Goals:  Increase & enhance visitor stay
  • Program Overview:  Ongoing effort to provide tools/resources need to provided visitor services.
  • Annual Conference
  • Program Assistance

 

Legislative Priorities

Harold Blattie, MACo Executive Director

Sheryl Wood, MACo Associate Director

  • Bill Draft Requests
  • Calls from Legislators & Legislative Services:  Loss of institution knowledge—they call us—little property tax knowledge
  • Public Employee Compensation
  • Employment Social Media Privacy
  • Appropriation Bills:  HB 2 & TSEP (Note:  Litigation for TSEP was successful—maintained integrity of the program.)
  • Senator Ron Arthun submitted request for special fuel users permit
  • Cleanup Bill:  Budgeting
  • Local Government Transparency
  • Work Comp for Volunteer Firefighters
  • Opencut
  • Pensions
  • Pension Stakeholder Meeting
  • Pension Consensus:  Structural changes
  • Governor Schweitzer’s Pension Bill:  Section 4

 

Closing General Session - Wednesday Afternoon, September 26, 2012

 Roll  Call  

Cynthia Johnson, Pondera County, Fiscal Officer

After Roll call was taken, Cynthia Johnson announced a quorum was present to conduct business (see attachment).

 

Congressional Report

Mike Waite for Representative Denny Rehberg

See attached letter from Congressman Denny Rehberg.

 

Resolution of Appreciation

Connie Eissinger, McCone County, President

Whereas, the 2012 Annual Conference of the Montana Association of Counties 103rd such meeting; and

Whereas, attendance of member counties marks its success; and

Now, therefore, be it resolved that the 103rd Annual Conference of the Montana Association of Counties expresses its sincere appreciation for the sponsorship of this conference to the Cascade County Commissioners and staff:

                       Joe Briggs

                       Jane Weber

                       Bill Salina

Motion/Vote:  A motion to pass the Resolution of Appreciation was made by Gary MacDonald, Roosevelt County and seconded by Andy Hunthausen, Lewis & Clark County. The motion passed unanimously.

 

Election of Officers

Past President, President & 1st Vice President

  • John Ostlund, Yellowstone County:  The nomination for MACo Past President is Connie Eissinger, McCone County. With no further nominations, the nominations were closed.

Motion/Vote:  Tony Berget, Lincoln County, motioned to elect Connie Eissinger as MACo Past President.  The motion was seconded by Dave Schulz, Madison County.  The motion passed by unanimous consent.

  • Connie Eissinger, McCone County:  The nomination for MACo President is Greg Chilcott, Ravalli County. With no further nominations, the nominations were closed.

Motion/Vote:  Tony Berget, Lincoln County, motioned to elect Greg Chilcott as MACo President.  The motion was seconded by Andy Hunthausen, Lewis & Clark County.  The motion passed by unanimous consent.

  • Connie Eissinger, McCone County:  The nomination for MACo 1st Vice President is Joe Briggs, Cascade County. With no further nominations, the nominations were closed.

Motion/Vote:  Gary MacDonald, Roosevelt County, motioned to elect Joe Briggs as MACo 1st Vice President.  The motion was seconded by Cynthia Johnson, Pondera Clark County.  The motion passed by unanimous consent.

  • Connie Eissinger, McCone County:  The nomination for MACo 1st Vice President is Joe Briggs, Cascade County. With no further nominations, the nominations were closed.

Motion/Vote:  Gary MacDonald, Roosevelt County, motioned to elect Joe Briggs as MACo 1st Vice President.  The motion was seconded by Cynthia Johnson, Pondera Clark County.  The motion passed by unanimous consent.

2nd Vice President

  • Connie Eissinger, McCone County:  The nominations for MACo 2nd Vice President are Allan Underdal, Toole County; Tony Berget, Lincoln County; and Dave Schulz, Madison County. With no further nominations, the nominations were closed.
  • The candidates gave short speeches while the ballots were being cast.
  • Harold Blattie, MACo Executive Director:  MACo Bylaws—Winning Candidate must have the majority of the votes (23).
  • Dave Schulz was elected MACo 2nd Vice President by majority.

Fiscal Officer

  • Connie Eissinger, McCone County:  The nomination for MACo Fiscal Officer is Mike McGinley, Beaverhead County. With no further nominations, the nominations were closed.

Motion/Vote:  Gary MacDonald, Roosevelt County, motioned to elect Mike McGinley as MACo Fiscal Officer.  The motion was seconded by Ron Stoltz, Ravalli County.  The motion passed by unanimous consent.

 

2014 Conference Location

  • Connie Eissinger, McCone County:  The nominations for the 2014 Annual Conference location are Missoula Holiday Inn, Missoula Hilton Garden Inn, and Kalispell Hilton Garden Inn.  With no further nominations, the nominations were closed.

Vote:  The ballots were cast, and Flathead County/Kalispell had the majority.

  • The 2014 MACo Annual Conference will be held in Kalispell at the Hilton Garden Inn.

 

Resolutions

Mike Murray, Lewis & Clark County, Resolutions & Legislative Committee Chair

  • “Do Pass” resolutions were presented.

Motion:  Larry Hendrickson, Liberty County, motioned to pass the resolutions with “Do Pass” recommendations as a block.  The motion was seconded by Maureen Davey, Stillwater County.

  • Resolution 2010-09, Interim Zoning, was segregated.

Vote:  The motion passed by unanimous consent.

  • Discussion on Segregated Resolution
    • Cynthia Johnson, Pondera County:  Legislation for resolution vetoed last session
    • Paddy Trusler, Lake County:  Governor’s veto message—trying to protect counties from themselves—look at veto language carefully
    • Connie Ternes-Daniels, Anaconda-Deer Lodge County:  Agrees—Giving up control
    • Tom Lythgoe, Jefferson County:  Concurs

Motion:  Richard Dunbar, Phillips County, motioned to pass the resolution.  The motion was seconded by Maureen Davey, Stillwater County.  The motion passed with the majority of the votes.

  • Further Discussion
    • Bill Barron, Lake County:  Will take away local control
    • John Grewell, Carbon County:  Have power to not push thing through now—do what is right—don’t need law to protect ourselves
    • Vicki Hamilton, Custer County:  Private property rights
    • Cynthia Johnson, Pondera County:  Revisit in policy statement if defeated?  Should say “no abuse . . .”
    • Gary MacDonald, Roosevelt County:  1 county of 56 abused?
    • John Ostlund, Yellowstone County:  Not intended to punish—interim zoning improperly applied—misused to stop gravel pit
    • Gary MacDonald:  Eastern counties may need
    • Maureen Davey, Stillwater County:  Extensive discussion  2 years ago and hashed it out on the floor—suggest a “do pass”
    • Paddy Trusler:  Resolution language—how do you know if it’s not legal if it’s not zoned?—impacts to application?
    • Andy Hunthausen, Lewis & Clark County:  Already do by advice of County Attorney—not sure there’s a need

Vote:  Question was called. The resolution passed with the majority of the votes.

 

Senator John Tester

  • Keystone Pipeline
  • Wilderness Areas
  • EPA’s Dust Control
  • Young People Working on Farms/Ranches
  • Fuel Prices
  • Rural Healthcare

 

Resolutions (Continued)

  • “Do Pass as Amended” resolutions were presented.

Motion:  Greg Chilcott, Ravalli County, motioned to pass the resolutions with “Do as Amended” recommendations as a block with committee amendment recommendations.  The motion was seconded by Tom Rice, Beaverhead County.

  • “State Agency Coordination” Resolution was segregated.

Vote:  The motion passed by unanimous consent.

  • Discussion on Segregated Resolution
    • Tony Cox, Sanders County:  Why is “federal” struck?
    • Lesley Robinson, Phillips County:  FlIPMA—State coordination with federal government, but missing the link between state and local government

Motion/Vote:  Todd Devlin, Prairie County, motioned to pass the resolution as amended.  The motion was seconded by Bill Loehding, Carter County.  The motion passed with unanimous consent.

  • “Do Not Pass” resolutions were presented:
    • Justice Court Budgeting Resolution

Motion:  Cynthia Johnson, Pondera County, motioned to not pass the resolution, as recommended by the committee. The motion was seconded by Maureen Davey, Stillwater County.

  • Discussion
    • Greg Chilcott, Ravalli County:  Need to find mechanism to control—continue to look for solution
    • Bill Barron, Lake County:  Can’t get anywhere now—need to be pursued as avoid court—judgment levy—define “necessary”

Vote:  The motion passed with unanimous consent.

  • Noxious Weed Trust Fund Resolution

Motion/Vote:  Andy Hunthausen, Lewis & Clark County, motioned to not pass the resolution, as recommended by the committee. The motion was seconded by Tom Rice, Beaverhead County.  The motion passed with unanimous consent.

  • Late Resolutions, Mike Murray, Lewis & Clark County:  Requires suspension of rules—2/3 vote of the body

Motion/Vote:  Cynthia Johnson, Pondera County, motioned to suspend the rules and hear the resolutions. The motion was seconded by Suzy Foss, Ravalli County.  The motion passed with unanimous consent.

  • Board of Adjustment Appeals Resolution:  Presented by Lake County at the Land Use & Development Committee Meeting
    • Paddy Trusler, Lake County:  Amend Title 76. Land Use, Chapter 2. Planning & Zoning, Part 2. County Zoning, 76-2-227.  Appeals from board to court of record
    • Tara DePuy, MACo JPA/JPIA Land Use Attorney:  Appeal process—give commissioners more say in what happens
    • Joe Briggs, Cascade County:  Why get between Board of Adjustments and the court?
    • Andy Hunthausen, Lewis & Clark County:  Clarify—only if problems?
    • Paddy Trusler:  If a denial
    • Joe Briggs:  Concern—variance granted can force second hearing without district court

Motion/Vote:  Bill Barron, Lake County, motioned to pass the resolution. The motion was seconded by Tom Lythgoe, Jefferson County.  The motion passed, 19-14.

  • Justice Court Filing Fees:  Received a “Do Pass” Recommendation from Justice & Public Safety Committee

Motion:  Mike McGinley, Beaverhead County, motioned to pass the resolution. The motion was seconded by Jane Weber, Cascade County.

  • Discussion
    • Bill Barron, Lake County:  District Court, 75-100; Justice Court, 25—Justice Court hears many more cases and has more filings

Vote:  The motion passed with unanimous consent.

  • Automatic Re-registration of Absentee Ballots:  Received a “Do Pass” Recommendation

Motion:  Andy Hunthausen, Lewis & Clark County, motioned to pass the resolution. The motion was seconded by Bill Barron, Lake County.

  • Discussion
    • Cynthia Johnson, Pondera County:  Concerned with checks and balances—cheaper to check for address versus automatically sending absentee?  (postcard versus envelope)
    • Rina Fontana Moore, Cascade County Clerk & Recorder:  Each January, send letter
    • J.R. Iman, Ravalli County:  University towns—2 sets of ballots
    • Rina Fontana Moore:  last 4 digits of social security number or Montana Driver’s License
    • Jeff Burrows, Ravalli County:  Keep people from using social security number and/or MTDL?
    • Rina Fontana Moore:  Identify with date of birth, etc.
    • Ann Brower, Lake County:  Recommend “do pass”—options throughout year

Vote:  The motion passed with unanimous consent.

 

Policy Statements

Mike Murray, Lewis & Clark County, Resolutions & Legislative Committee Chair

  • Agriculture:  Kathy Bessette, Hill County & Maureen Davey, Stillwater County
    • Water Policy—“de minimus”—legal term used in reference to exempt well

Motion/Vote:  Cynthia Johnson, Pondera County, motioned to pass the policy statements as amended. The motion was seconded by Todd Devlin, Prairie County.  The motion passed with unanimous consent.

  • Community, Economic Development & Labor:  Joe Briggs, Cascade County
    • Post offices & impact funding—oil activity

Motion/Vote:  Jane Weber, Cascade County, motioned to pass the policy statements as amended. The motion was seconded by Suzy Foss, Ravalli County.  The motion passed with unanimous consent.

  • Energy:  Connie Eissinger, McCone County (on behalf of John Prinkki, Carbon County)
    • Copied NACo platform—at Midwinter Conference, adjusted to fit Montana issues—tweaked at the recent meeting

Motion/Vote:  Sandra Broesder, Pondera County, motioned to pass the policy statements as amended. The motion was seconded by Todd Devlin, Prairie County.  The motion passed with unanimous consent.

  • Health & Human Services:  Carl Seilstad, Fergus County
    • Public health offices—new section

Motion/Vote:  Carl Seilstad motioned to pass the policy statements as amended. The motion was seconded by Ken Ronish, Fergus County.  The motion passed with unanimous consent.

  • Information Technology:  Sandra Broesder, Pondera County
    • Moved “interoperability” statements to Justice & Public Safety

Motion/Vote:  Sandra Broesder motioned to pass the policy statements as amended. The motion was seconded by Andy Hunthausen, Lewis & Clark County.  The motion passed with unanimous consent.

  • Justice & Public Safety:  Bill Barron, Lake County
    • Minimum standards—promoting defining those standards—also included “interoperability” statements

Motion/Vote:  Bill Barron motioned to pass the policy statements as amended. The motion was seconded by Cynthia Johnson, Pondera County.  The motion passed with unanimous consent.

  • Land Use & Development:  Paddy Trusler, Lake County

Motion/Vote:  Paddy Trusler motioned to pass the policy statements. The motion was seconded by Cynthia Johnson, Pondera County.  The motion passed with unanimous consent.

  • Public Lands:  Lesley Robinson, Phillips County

Motion/Vote:  Lesley Robinson motioned to pass the policy statements as amended. The motion was seconded by Greg Chilcott, Ravalli County.  The motion passed with unanimous consent.

  • Resolutions & Legislative:  Mike Murray, Lewis & Clark County

Motion/Vote:  Andy Hunthausen, Lewis & Clark County, motioned to pass the policy statements. The motion was seconded by Mike McGinley, Beaverhead County.  The motion passed with unanimous consent.

  • Tax, Finance & Budget:  Cynthia Johnson, Pondera County
    • Pensions and work comp for fire fighters

Motion/Vote:  Cynthia Johnson motioned to pass the policy statements as amended. The motion was seconded by Tony Sitzmann, Glacier County.  The motion passed with unanimous consent.

  • Transportation:  John Ostlund, Yellowstone County

Motion/Vote:  John Ostlund motioned to pass the policy statements. The motion was seconded by Greg Chilcott, Ravalli County.  The motion passed with unanimous consent.

 

Proposed By-Law Amendment

Sheryl Wood, MACo Associate Director

  • Amend Section 1, Article 3:  “Immediate” Past Presidents

Motion/Vote:  Greg Chilcott, Ravalli County, motioned to amend the By-laws as presented.  The motion was seconded by Todd Devlin, Prairie County.  The motion carried by unanimous consent.

 

Other Business

Connie Eissinger, McCone County:  There is no further business.

 

Adjournment

Connie Eissinger, McCone County:  The General Session of the MACo 103rd Annual Conference is closed.