Vol. 31  No. 5              MAY  2002

 

HIGHLIGHTS—IN THIS ISSUE

  

     COUNTY COMMISSIONER CANDIDATES

 

 SUBDIVISIONS; COMPREHENSIVE PLANS

 

     DIRECTORY CORRECTIONS

 

 

MONTANA HOSTS

NACo WESTERN INTERSTATE REGION

National Association of Counties Western Interstate Region (WIR) Conference is to be in Billings May 22 - 25.  WIR Conferences  provide county officials opportunities to hear speakers, discuss legislation, network with other officials and exchange information on issues of interest.  These interests include public lands (use and conservation), community stability and economic development, and the promotion of the traditional Western way of life. WIR membership consists of fifteen Western states (AK, HI, WA, OR, CA, ID, NV, AZ, MT, WY, CO, NM, UT, ND, SD).

The WIR 2001 - 2002 Officers are:

·         President: George Enneking

      Commissioner, Idaho County, ID

·         First Vice President:  John Howard

      Commissioner, Union County, OR

·         Second Vice President: Don Davis

      Commissioner, Rio Blanco County, CO

 

Mission Statement

The Western Interstate Region (WIR) exists to be the counties' advocate for public policy issues affecting the West.

 

Goals

1)      Actively promote responsible land management and environmental policies

 

2)  Actively pursue equitable payment for county expenses associated with public lands not subject to tax  (PILT)

 

3)  Sustain the Western quality of life

 

4)      Actively promote county officials as

    "convenors"

 

TENTATIVE AGENDA

Wednesday, May 22

Board of Directors Meeting

Pre-Conference Seminar on Leadership

Combined Agriculture and Rural Affairs

            Steering Committees Meeting

 

Thursday, May 23

Opening Session           Honorable Gale A. Norton

                                    Secretary of the Interior

Workshops

Conference Event

 

Friday, May 24

General Session

Panel on Implementing Wildland Fire Strategy

Kathleen Clarke, Director, Bureau of Land Management

Dale Bosworth, Chief, USDA/Forest Service

Jim Hubbard, State Forester, Colorado

Lynne Jungworth, Watershed Research & Training

 

Workshops

Awards Banquet

 

Saturday, May 25

Agriculture Tours

Environment

 

HOUSING WILL BE VERY SHORT DURING THIS WEEK.  THE MEN’S NATIONAL BOWLING TOURNAMENT IS ALSO BEING HELD IN BILLINGS. 

RESERVE YOUR ROOMS EARLY!!!

 

 

MARK YOUR CALENDARS

May

         6       Association of Planners; MACo Conf. Room; 11:00

         9       CEP Workforce Investment Board

       10       District Court Council

     13-14    Governor’s Conference on Future of Montana Forests

       14       MACo Executive Committee Conference Call

     15-16    BOS Joint Workforce Council

     15-16    Elkhorn Advisory Group; MACo Conference Room

       17       State Drought Advisory Committee; Capitol #152; 9:30

     20-21    Mental Health Oversight Committee; MACo; 1:00

     22-25    NACo Western Interstate Region (WIR); Billings

 

June

       4         Primary Election Day

       6         MACo Board of Directors; MACo Conference Room

      11        Commissioner of Political Practices; MACo; 9:00 am

      11       Accounting Training Seminar, Glasgow

      12       Accounting Training Seminar, Miles City

      13       Accounting Training Seminar, Billings

      18       Accounting Training Seminar, Great Falls

      19       Accounting Training Seminar, Missoula

      20       Accounting Training Seminar, Butte

FROM EXECUTIVE DIRECTOR

GORDON MORRIS

Spring District meetings have been completed. I would like to thank the chairs for a job well done in regard to the agendas and the attendance. I would add a personal note that I enjoyed getting out and seeing everyone and I am already looking forward to having meetings in the late summer prior to the Annual Conference. I will be working with the chairs to develop schedules.

            During the meetings, there was a discussion of the Information Technology Committee’s recommendation to establish a Coordinator position within the Association jointly funded by MACo and the State Department of Administration. With apologies to the Chair, Teton County Commissioner Mary Sexton, and the Committee members, I failed to note that the proposed dues assessment would need to go to the membership for approval. Article VI, “Board of Directors”, Section 3, “Duties and Responsibilities”, states that “The Board shall have the power to present recommended dues increases and assessments, if any, to the membership at the annual conference for approval and adoption.”  (See page 4)

            As much as I believe that this is a proposal worth recommending and implementing as quickly as possible, it cannot be done within the current dues/revenue structure. I would qualify this to the extent that projected revenue would not be able to sustain the position and cash reserves would fall below required levels. So having said this, the Committee’s proposal will have to go before the Conference in September for consideration and, hopefully, adoption. I would restate the Committee’s intent that this position would evolve into an enterprise (revenue generating function) of the Association. If this does not appear to be possible, the position would have to be terminated or the assessment continued indefinitely. This ultimately will be decided by the membership.

            In last month’s newsletter, there was an open letter from Department of Revenue Director Kurt Alme addressing the Uniform Unclaimed Property Act, (MCA 70-9-801, et seq). You should note that MACo and the Treasurers’ Association (see Dolores Sramek’s short article on the next page) have had a series of meetings with the Department representatives and at this time have to admit that the Department’s interpretation of the law is on solid legal ground.

            It is the case that the only acceptable course of action at this point is to comply with the audit procedures and their findings. There are penalty provisions for noncompliance and I would hope it would not come to that. In closing, I would note that during the district meetings a motion was adopted to seek an exemption for local government. I will keep everyone posted.

            Finally, the MACo/MDOT—GPS/GIS is close to reality. The Department is in the process of acquiring the equipment and I anticipate the training to occur mid-May. Work would commence immediately thereafter. This project has taken a considerable amount of time to plan, but I remain convinced that it is necessary and that it must be done. Thanks to everyone for their cooperation.   

ABANDONED

PROPERTY

by

Dolores Sramek

Fergus County

President

 Montana County

Treasurers’ Association

There has been much discussion among county treasurers, MACo officials and Department of Revenue officials about the “Uniform Unclaimed Property Act”.  The Act would require counties to remit to the Department of Revenue all cancelled warrants or treasurer’s checks.  After our meeting, it was agreed upon that we must follow the laws of abandoned property and remit to the Department of Revenue. 

            Paulette DeHart and I, as treasurers, and Gordon Morris and Harold Blattie, from MACo, all agreed that county warrants and treasurers’ checks are taxpayer dollars.  The law does state that “a check, draft, or similar instrument is prima facie evidence of an obligation” and a warrant fits this category.

            The remaining counties that have not been audited will be in the near future.  The Department of Revenue will set a time line of when the monies will need to be sent to the Department.  The notices sent to the county treasurers will state the amount of money that needs to be sent, and a detail of the checks or warrants and the amounts that the auditor is claiming as “Abandoned Property”.  

LANDOWNER WINS BIG

PREVAILS IN “TAKING” CASE

An article from “The Litigator”, a Mountain States Legal Foundation publication; Winter 2002

A long and hard fought battle for a New Mexico landowner and for all property rights advocates nationwide resulted in a stunning first stage victory for Mountain States Legal Foundation (MSLF).  On September 13, 2001, the U.S. Court of Federal Claims ruled that the Environmental Protection Agency (EPA) unconstitutionally took the property of Dr. Larry Squires, a rancher and veterinarian, when the EPA issued a May 1992 cease and desist order barring Squires’ use of his land.  Squires had sought to use his arid land, where the evaporation rate exceeds rainfall by 100” annually.  The EPA said that, every one or two hundred years, it rains hard enough in the area  so that rain collects in the sinkholes pocketing Squires’ land.  When birds land on the water, at least until the water evaporates, because the birds are “engaged in interstate commerce,” the water becomes “waters of the United States.”

            Because the EPA order included a $100,000 a day fine, Squires shut down his business use of the property, that is, disposing of waters produced during oil and gas operations.  With MSLF as his attorney, Squires sought a court judgment that the EPA order was unconstitutional.  Both the federal district court and the court of appeals ruled that the EPA’s order was not “final” and could not be appealed.  The Supreme Court declined to hear the case.

            Then, again with MSLF by his side, Squires demanded to be provided “just compensation” for the EPA’s taking of his private property for “public use.”  EPA lawyers sought to prevent Squires’ case from being heard, erecting one stonewall after another.  Then, in January 2001, the U.S. Supreme Court declared the very rule by which Squires’ property was taken from him, the Migratory Bird Rule, unconstitutional.  Shortly thereafter, Squires’ case went to trial.

            The Court of Federal Claims held Squires’ property was “rendered economically without value by the EPA’s cease and desist order.”  Squires’ “legitimate, investment-backed expectations were thwarted.  No economically viable uses remained.  We hold, therefore, that Squires’ property was ‘taken’ within the meaning of Fifth Amendment and that the government must compensate Squires.”  The court then ordered the parties to prepare documentation for the court’s determination of the amount of “just compensation” owed to Squires.

            MSLF’s victory in this important case is huge. It may be one of the first rulings in the country holding that a statute that protects species and their habitat causes a taking.  “It holds promise for all of us in natural resources and agricultural production,” said Roni Bell of LaSalle, Colorado. ____________________________________________________________________________

INFORMATION TECHNOLOGY

The need for assistance to counties

By Mary Sexton, MACo IT Committee Chair, Teton County

Computers are here to stay…  Help is on the way!

            Advances in information technology (IT) have substantially changed many aspects of county government.  From budgeting to weed spraying, IT applications can help us to do our jobs better.  Understanding and purchasing the technology for county use, however, is often an exercise in frustration. 

            The MACo IT Committee assists counties with the continuing increase in technology demands.  About two years ago, the Committee and the State Information Services Division surveyed Montana counties regarding technology use – software programs, purchasing, Internet, etc.  The survey indicated problems in standardization, service procurement and training, as well as a lack of technical staffing.  The technology professionals’ organization, MACITA, also recognized such problems in counties both large and small and offered to help with IT questions.

            The MACo IT Committee, with support from MACITA and the State Department of Administration, has developed a Local Government Information Technology Coordinator position to be jointly funded by MACo and the State.  The Coordinator will advise counties on planning, design, acquisition and use of software and hardware, services and policies.  The proposal for the coordinator position has been presented to the MACo Board of Directors and to all counties at the recent district meetings.   Important elements of the proposal are:

     IT Coordinator will be available to all counties

     IT Coordinator position is jointly funded by MACo and the State

     MACo portion of the position is intended to be self-funding after two years

     IT Coordinator will act as a liaison between State and county government

     IT Coordinator will help counties to be more efficient and spend less time and money on IT related business

            The proposal will be brought to the full MACo membership either through a mail ballot or at the Fall Conference.  We need professional, dependable advice in the increasingly complex arena of information technology.  Just as Jack Holstrom provides invaluable advice on personnel matters, the IT Coordinator can help us to use technology more efficiently and effectively.  If you want a copy of the complete proposal for the IT Coordinator, please contact the MACo office.

Board of Directors Member

Representing CLERKS OF DISTRICT COURTS

 

Dena Tippets

Hill County

Clerk of District Court

1990 to present

 

Prior Occupation                      Paralegal          

 

Favorite Part of the Job            Variety of duties and being able to assist the public

 

Least Favorite Part                   Dealing with pro se litigants because I can’t give legal advice, which is always        exactly what they are looking for

 

Personal                                  Husband Frank; two sons; one granddaughter; loves to sing in four different groups

 

Motto                                       “The hottest place in Hell is saved for those who at a time of great moral crisis maintain their neutrality.”        “Inferno” by Dante

COUNTY NEWS

NEW OFFICIALS

FLATHEAD COUNTY’s new County Administrative Officer is Donald Avery, who was chosen from 27 applicants and moved from Dayton, Washington, to serve.  He holds a Masters degree in Public Administration and fills the position held by Earl Bennett for fifteen years.

 

DAWSON COUNTY has appointed Scott Herring as County Attorney, replacing Gerald Navratil.

 

AT-LARGE ELECTIONS

FEDERAL CHALLENGE

BLAINE COUNTY’s election process of nominations by district, elections at large, was ruled discriminatory by U.S. District Judge Philip Pro.  Activists asked that the county establish three single-member voting districts to allow Native Americans concentrated in Harlem and Fort Belknap to elect an Indian representative.  Blaine County, represented by Mountain States Legal Foundation, protested being singled out for running elections according to State law and argued that having a commissioner represent just part of the county could lead to unproductive power struggles. 

                The Commissioners have been under criticism for not compromising on proposed settlements.  The following are selected parts from their letter to the Great Falls Tribune:

                “...We are in the process of complying with the order of the court by coming up with a redistricting plan.  We have been working on a plan for a very long time.  We will soon have this plan committed to a map that people can look at and see if we have applied logic, not emotion, to our plan.  Various plans by various other groups will also be ready for presentation to the court for consideration.

                An appeal cannot be considered until we know exactly what plan will be accepted.  For starters, then, we have not filed an appeal.  It is important for people to realize that an appeal is simply one of many options available.

                The court order specifically pointed out that Blaine County officials have not done anything wrong, but that the current at-large system of voting as prescribed by the state statute for commissioners is in violation…. 

                In 1999, we held one meeting with federal lawyers.  At that first meeting we had prepared a series of questions we thought needed answers.  It was obvious at the conclusion of that meeting that more questions needed answers.  We anticipated further meetings and even suggested public meetings to discuss this issue with the general populace.  Instead the lawsuit was filed and that meant silence has since prevailed in lieu of continued discussion….

          In spite of the cloud over this case, the Blaine County Commission and the Fort Belknap Community Council has had success in working together over the last years.  We have worked out a compromise on the procurement of license plates by streamlining the process of proving residency; we have been involved in the transition of Human Services to Fort Belknap; we  stood in support of the Community Council in its quest to secure the Montana National Guard Bombing Range; we have managed to clear up a road issue in Hays and Lodgepole by transferring county roads to the Community Council, something that has been unresolved for close to 30 years…We stand with the Fort Belknap Community in their attempts to clean up the devastation left by the Pegasus Gold Corporation.  We still want to figure out a mechanism so that we can transfer gas-tax funds generated from roads on Fort Belknap to Fort Belknap.  (We have been wrestling with this problem for at least 15 years.)  And we believe that Fort Belknap residents deserve to know how the sale of resources from the Snake Butte quarry during the construction of Fort Peck Dam was arranged between the Bureau of Indian Affairs and the Bureau of Reclamation, which resulted in very little, if any, funds from that sale ever going to the rightful owners.

                Counties are political subdivisions of the State of Montana.  Fort Belknap Community Council is the governing body of the Fort Belknap Reservation, a sovereign nation.  We have raised questions on how redistricting will impact sovereignty.  Those questions remain unanswered….      Many people have questioned why we chose court over compromise.  The federal government wanted a plan devised under the terms of a consent decree.  In the simplest of terms, a consent decree is an agreement with the federal government that lasts forever.  As we understand the concept of treaties, it also is an agreement between nations that lasts forever.  To our simple way of thinking, a consent decree sounded way too much like a treaty.  We chose to take our chances in the halls of justice. 

                ...To close, some thoughts from Theodore Roosevelt’s “Man in the Arena”:

     ‘It is not the critic who counts, not the man who points how the strong man stumbled; or where the doer of deeds could have done them better.

    The credit belongs to the man who is actually in the arena; whose face is marred by dust and sweat and blood; who strives valiantly; who errs and comes short again and again; who knows the great enthusiasm, the great devotions, and spends himself in a worthy cause; who, at best, knows in the end the triumph of high achievement; and who, at the worst, if he fails, fails while daring greatly, so that his place shall never be with cold and timid souls who know neither victory nor defeat.’ ”

 

INDIRECT COSTS

25 COUNTIES are still responsible for unpaid administrative fees assessed after budgets were finalized.  Counties had requested that the state forgive the debt or at least hold off until the upcoming legislative session.  The dispute dates back to the time DPHHS increased indirect costs from 9% to 14% after the budget process was complete.  State Budget Director Chuck Swysgood agreed to come up with a repayment plan.

 

LEVY FOR NON-PROFITS

YELLOWSTONE COUNTY agreed to put a mill levy on the ballot which would provide funds for twelve non-profit organizations in the County.                   

COUNTY COMMISSIONER CANDIDATE CONTESTS

* = Incumbent  R = Republican   D = Democrat   NP = Non-partisan   I = Independent   G = Green

Anaconda-Deer Lodge

     *      Paul Chirico                           NP

            Connie Ternes Daniels        NP

Beaverhead

     *      Donna Sevalstad                  R

            Terry Terrill                             R

Blaine

     *      Victor Miller                            D

            Alan Lee Brekke                   R

Broadwater

     *      James V. Hohn                  NP

            Thomas Casswell              NP

            Timothy Ravndal                  NP

Cascade

     *      Gayle Morris                          D

            John T. Rosenbaum D

            Bill Thomas                            D

            Lance Olson                          R

            Dave Davis                            R

            Paul Stephens                       G

Chouteau

     *      Harvey Worrall                       R 

            Don Jenkins                           R

            Timothy L. Pegar                   D

Custer

#2        Curtis T. Almy                        NP

            Milo Huber                             NP

            Jewellene Johnson               NP

Dawson  

#1  *    Kathleen A.  Alley                  D        

Lori Brooks                            R

            Kathy Green                           R

            Jim Skillestad                        R 

#3  *    Bill LaBree                             R

            Ric Holden                             R

Fallon

     *      William Duffield                     R

            Allen Rustad                          R

            Martin "Marty" Nelson           R

            Deb Ranum                           R

            Steve Gonsioroski                D

Fergus

            William D. Fry                        NP

            Marla A. Martin                      NP

            Kenneth W. Ronish               NP

            Jamie Spainhower                NP

Flathead

     *      Dale Williams                        R

            Carl G. Talsma                      R

            Gary D. Hall                           R

            Karen Reeves                       D

            Dave Skinner             D

Gallatin

     *      Bill Murdock                           R

            Bill Montgomery                    R

Glacier

            Marion L. Woldstad              D

            Brian Gallup                           D

            John Wesley Ray                  D

            Myrna J. Galbreath                D

            Bill E. Fenner                         D

 

Granite

     *      Allen (Scotty) Morrison         R

            Clifford G. Nelson                  R

Hill

     *      Douglas Kaercher                 D

            Byron Welter              R

Jefferson

            Chuck Notbohm                    NP

            David H. Kirsch                     NP

Judith Basin

            Fern S. Kaiser                       R

            Rory Gondeiro                       R

            Jerome Kolar                         R

Lake

     *      Mike W. Hutchin                    R

            Tom Greenwood                   R

            Jeanne Windham                  R

            Pat Erickson                          D

Lewis and Clark

     *      Karolin Loendorf                   R

            David E. Modde                    R

            Steve Mandeville                   R

            Ed Tinsley                              D

Liberty

            Pete A. Woods                      R

            Kenneth J. Gagnon               R

            Rodney R. Keith                    R

            Don Marble                            D

Lincoln

     *      Rita R. Windom                     R

            Gary Huntsberger                  D

Madison

     *      C. Ted Coffman                     NP

            Jerry Welsh                            NP

McCone

     *      Connie Eissinger                  D

            Beryl Zahn                              R

Meagher

     *      Jamie Doggett                      R

            Ben Hurwitz                            R

Mineral

     *      Judy A. Stang                        D

            Anton "Tony" Pearson Jr.     R

Missoula

     *      Barbara Evans                      R

            Phoebe J. Patterson             D

Musselshell

            Larry G. Lekse                       R

            Janice A. Dillon                     R

            Tobias L. Dahl                       R

            DuWayne R. Tannas             R

            Judith A. Stephenson           D

Park

            Sue A. Martin                         NP

            Traci Isaly                               NP

            Robert E. Brasier                  NP

            Sean Murphy                         NP

            Jack Dunn                              NP

            Jack Swanson                       NP

            John W. (Jack) Schuler        NP

            Jim Durgan                            NP

            Mark Hartwig                         NP

Phillips

     *      Richard Dunbar                     R

            Leonard Mingneau                R

Pondera

     *      John W. (Bill) Rappold          R

            John L. Holden                      R

            Joe Christiaens                     D

Powell

     *      Kay Beck                               R

            Dwight O'Hara                       R

Ravalli

            Kevin Schreier                       R

            Greg Chilcott                         R

            Candi Jerke                           D

Richland

     *      Henry T. Johnson                  D

            Bryan Cummins                     R

            Gene Foss                             R

Roosevelt

            Maurice Gonitzke                  D

            Jack Shanks                          D

            Steven D. Baldwin                D

            James D. Carlisle                 D

            Roger Bertelsen                    D

            Jim Shanks                            D

Rosebud

     *      Gary Fjelstad                         D

            Bob Pestreich                       D

Sanders

     *      Harold "Hank" Laws             R

            Jerry C. Shively                     R

Sheridan

     *      Robert Nikolaisen                 D

            Archie Petersen                    R

Stillwater

     *      Larry Gee                               R

            Maureen Davey                     R

Teton

     *      R. F. (Sam) Carlson R

            Brad Dezort                           I

Toole

     *      Ben M. Ober                          D

            Joseph P. Pehan                  R

Valley

            Gene O. Hartsock                 D

            Dave Pippin                           D

            Duane Sibley                         D

            Ron Reddig                           R

            Donald Fast                           R

Wibaux

            Wilbur "Buzz" Chaffee          R

            Larry "Mick" Nistler               D

            Glenn Hutchinson                  R

            Walter S. Sott                        D

Yellowstone

     *      J. A. (Ziggy) Ziegler R

            John Ostlund              R

            Janice Munsell                       D

 

UNCONTESTED COMMISSIONER CANDIDATES

Anaconda-Deer Lodge

     *      Wayne Ternes                     NP

Big Horn

     *      John Pretty On Top             NP

Carbon

     *      Albert Brown                           NP

Carter

     *      John Kerr                               R

Custer

     *      Duane Mathison                    NP

Daniels

     *      C. William Tande                  R

Garfield

     *      Julie A. Jordan                      R

Golden Valley

            David Paugh              R

Madison

     *      Frank Nelson                         NP

Petroleum

     *      Lloyd N. Rowton                    R

Powder River

     *      Donald R. McDowell             R

Prairie

     *      Ann Marie Davis                   I

Stillwater

     *      Chuck Egan                           D

Sweet Grass

     *      Lloyd Berg                             R

Treasure

            Mack Cole                             R

Wheatland

     *      Richard Moe                          R

 

COMMISSIONERS NOT SEEKING RE-ELECTION

Custer                       Dan Connors

Fergus                       Joe Spika

Glacier                       Allan Lowry

Golden Valley          Edgar Lewis

Jefferson                  Sam Samson

Judith Basin            Henry Vaskey

Liberty                       Loyd Boyer

Musselshell              Kelly Gebhardt

Park                           Dan Gutebier

Ravalli                       Jack Atthowe

Roosevelt                 Dean Harmon

Treasure                   Charlotte Mackley

Valley                         Marlene Erickson

Wibaux                      Sam Scammon

SUBDIVISIONS and

COUNTY COMPREHENSIVE PLAN

By Myra L. Shults and Norman H. Grosfield

Issues have been raised recently as to whether certain subdivision regulations result in comprehensive plans being interpreted as regulatory rather than advisory.  A recent ruling from the First Judicial District, Lewis and Clark County, held that the way subdivision regulations referenced comprehensive plans required compliance with that plan.  The Lewis and Clark County Subdivision Regulations were adopted by following model regulations.  Such regulations provided that subdivisions must conform to an adopted comprehensive plan.  Because the Lewis and Clark County Planning Board and Planning Office had stated the proposed subdivision at issue did not conform to the Comprehensive Plan, and the Commissioners included this in their decision, the Court stated it had no choice but to reverse a subdivision approval because, clearly, the proposed subdivision did not conform to the Comprehensive Plan.  The Court further stated the Commission did not have to require such conformance, but since the regulations were written in such a way to require conformance, the Court had no choice but to reverse the Commission’s approval of the subdivision.

 

MACo suggests the following to address this:

 

Look at the Design and Improvements Standards in your county’s subdivision regulations.  If the section at the beginning entitled ’Conformance’ states “the design and development of the subdivision must conform with any adopted comprehensive plans…”, or if this or similar language is found in other parts of the county’s subdivision regulations,

 

EITHER:

1.        Repeal this provision and all other provisions in the subdivision regulations which require conformance of the subdivision with a comprehensive plan, in order to alleviate any confusion about the role a comprehensive plan plays in subdivision review for the time being;

 

OR:

2.        When making a decision on a subdivision application, determine that the subdivision complies with the plan; or deny any subdivision which does not comply with your present plan.

 

To avoid further confusion about the role of a comprehensive plan in subdivision review, the county should consider repealing any resolution adopted pursuant to MCA 76-1-606 as it existed before the 2001 enactments.

 

Once your county adopts a growth policy which complies with the 1999 law, and within a year adopts subdivision regulations in accordance with that growth policy, subdivision plats can again be reviewed for their compliance with the philosophy of the planning document, through review of the plat’s compliance with the subdivision regulations.

NEW WEBSITE MAKES SOILS INFORMATION

EASILY ACCESSIBLE

 

     The Montana Natural Resource Information System (NRIS) and the USDA Natural Resources Conservation Service (NRCS)  announce the detailed NRCS soil survey data at http://nris.state.mt.us/nrcs/soils .

 

     Visitors to the website can download mapping, data interpretation and reporting tools.  “Now, by visiting this website, private landowners can easily access maps and reports to help them manage their lands,” said Jim Hill, NRIS Director.  Due to coordinated national efforts, the NRCS has developed electronic data and access methods to encourage more widespread use of this valuable information. Soil maps can be used to determine the suitability for specific uses and for management.

 

     The Montana Natural Resource Information System (NRIS) was established seventeen years ago by the Legislature.  NRIS, a division of the State Library, acts as a clearinghouse for natural resource information.  For more information about the soil survey website, contact Hill at (406) 444-5355, or Catherine Maynard, NRCS Resource Analyst at (406) 444-4546.

MACo DIRECTORY

CHANGES

ADDITIONS

April 2002

 

ANACONDA-DEER LODGE

     County e-mail address    adlcceo@in-tch.com   (not “aldcceo”)

 

BEAVERHEAD      Phone Numbers                     

Commission              683-3750

            Attorney                      683-3730

            Clerk/Recorder          683-3720

            Clerk/District Court   683-3725

            JP Hoerning               683-3755

            Sup’t of Schools        683-3737

            Sheriff                         683-3700

            FAX--Clerk/District Court     683-3728

            FAX--Commissioners          683-3769

            FAX--Sheriff                          683-3705

 

 

      Treasurer’s Address

                        102 N. Washington

 

DAWSON                  Attorney Scott Herring

 

FLATHEAD              Administrative Officer Donald Avery

 

Page 52                     Dorsey & Whitney                 Billings Office closed

 

STILLWATER          Commissioner Larry Gee    PO Box 95

 

WHEATLAND          County e-mail address         wccr@mtintouch.net

 

E-MAIL ADDRESSES page 82+ 

     Chouteau County:  Ken Evans                jkevans@3rivers.net

 

     Powder River County:  use Clerk/Recorder address

NOTICE

Effective May 1, 2002, Willis Adminstrative Services Corporation will become alternative service concepts, LLC (asc).  asc will operate as a privately held organization under the leadership of a board of directors.  Current management, claims service, office locations (including Helena), and personnel will remain unchanged.

D.E.S. MITIGATION PLANS

By Larry Akers, DES SHMO

 

            The new “Pre-Disaster Mitigation” (PDM) program is to assist local jurisdictions in designing mitigation plans that account for risk and capabilities of the individual communities. The Robert T. Stafford Disaster Assistance and Emergency Relief Act requires local governments and Indian tribal governments applying for PDM funds to have an approved local mitigation plan prior to the approval of mitigation project grants.  2002 applications are to write “PDM Plans” and not to do mitigation projects.

            Applications are due June 1, 2002,  including an accurate cost to write/complete the PDM Plan. Forty counties are applying for grants.  Two follow-up hosted workshops are planned (one in the east and one in the west) for August and/or September to assist with the technical aspects of writing the plans.

            For information contact Bud Revious (406-841-3967), Jerry Smithers (406-841-3979) or Larry Akers (406-841-3960).

BOATING IMPROVEMENT GRANTS

 

Grant applications for improvements at public boating sites are due June 14 to the Parks Division of Montana Fish, Wildlife & Parks (FWP).  Funding is available for boat ramps, latrines, boat trailer parking areas, docks and related facilities of direct benefit to boaters.  The grant is 80% FWP funds and 20% local government match.

For more information and application forms, contact FWP at

444-3750 

1420 East Sixth, Helena MT  59620-1701.

GAS AND OIL LEASES

 

            The quarterly oil and gas lease sale conducted by the Montana Department of Natural Resources and Conservation (DNRC) is scheduled for June 4, 2002.  The June sale includes tracts in the following counties: Big Horn, Blaine, Carbon, Carter, Fergus, Hill, Liberty, Musselshell, Phillips, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Sweet Grass, Toole, Valley, and Yellowstone.

            According to Monte Mason, Minerals Management Bureau Chief, the only action proposed at this time is issuing leases for possible future exploration and production. “Before any activity occurs, DNRC will prepare a site-specific environmental review,” he explained. The state Board of Oil and Gas must also review and issue a permit before any activity can occur.
            A map and a detailed list of tracts being considered by DNRC may be obtained by calling Mason in Helena at (406) 444-2074. The information is also available on the Department’s Internet site at: http://www.dnrc.state.mt.us/trust/mmb.htm .

QUALIFIED BALLOT MEASURES

C-36  To provide for the investment of assets from local government group self-insurance programs

 

C-39  To remove restriction on investment of public funds in private corporate capital stock

 

Deadline for statewide ballot measures is July 19.

NACo HEALTH COMMITTEE

Bill Kennedy, Yellowstone County

 

            I have been serving on the NACo Rural Action Steering Committee for the last few years.  This Committee met with ten Congressional and Senate offices looking for support of the Farm Bill.  We had positive responses.  Montana will gain from rural development dollars and emergency disaster assistance.  Keep your fingers crossed that the Conference Committee will approve the Farm Bill soon. 

            I am currently serving as the vice chair of the Health Steering committee.  The Committee met over two days.  Nationwide health care issues, the COP on intergovernmental transfers and mental health services were the major topics.  In every subcommittee, nursing shortages were also brought to the forefront.  Rural states and counties struggle with the overall reimbursement formulas.  Thank God we have the seniority from our Senators.

            Health care will be a major topic on the national scene for many years to come.  Hopefully, my input gives these committees a Montana flavor to the national discussion.

            Please feel free to call for a copy of the NACo health resolution.  Your input would be greatly appreciated.