Countersuit

We knew it was coming.

SME has countersued Yellowstone Valley Electric Co-op. (See here for the suit filed by YVEC against SME).

One would think that a vote of the SME board would have had to be taken to move forward with this action. And, as a member of SME, the City is a member of this board.

The question for us: Is the City of Great Falls involved?

Stay tuned for more details.

"We're Financially Sound", but...

"We just don't have any operating cash".

Those are the words from John Prinkki, president of Beartooth Electric Co-op, a member of SME.

According to this Tribune article, Beartooth customers have seen their power increase by 50%. The president blames the problems on financing complication caused by "environmentalists" who have challenged the air-quality permit. He claims this delay is the main reason for the increase.

Customers were told in September their rates would go up about 16%. Evidently, after that board meeting, it was determined the rates would be higher.

This does not come as a surprise.

Memo From State Senator Mitch Tropila

The following letter is from Mitch Tropila, the primary sponsor of SB88:

January 14, 2009

Neighborhood Council 4 members and neighbors:

On January 8th, 2009, I introduced Senate Bill 88 to the Senate Highways and Transportation Committee in Helena. This is a common-sense safety bill for our community and for our children.

To explain: We drive by schools in our communities every day. We cross the school crosswalks and we see the school speed-limit signs. But sadly, there is no definition of a school zone in existing Montana Code. If passed, Senate Bill 88 would simply add a definition of school zone to the Montana Code. The crux of the bill is as follows:

“School zone” means an area near a school beginning at the school’s front door, encompassing the campus and school property, and including the streets directly adjacent to the school property and for as many blocks surrounding the school as determined by the local authority establishing a special speed limit under 61-8-310.

If implemented into law, there will be no gray area when local law enforcement agencies are handing out speeding tickets. At present, a person is guilty of a misdemeanor if convicted of exceeding the speed limit near a school zone. If SB 88 is signed into law, “near” will be changed to “in”, the gray area disappears and our children’s safety is greatly improved.

Senate Bill 88 is a safety bill that is long overdue. Please support it. I thank you for allowing me to serve you in the 61st Montana Legislature in Helena.

Sincerely,

Mitch Tropila

Senate District 12

MNA Intervenes

On October 28, 2008, MEIC filed a second motion against the city for not releasing certain documents for public viewing. These documents have since become known as the "secret box".

The Montana Newspaper Association (the GF Tribune is a member) requested that they be allowed to intervene in this suit.

On January 12, 2009, Judge Phillips granted the intervention.

Hat tip: Gregg

Involvement Causes Another Problem

For regular readers, you know that the city's involvement with private entity, SME, has caused major problems (here, here, here, here) for the city. Well, it looks like we've stumbled into another negative byproduct of that relationship.

In today's Tribune, we learn that the fire department applied for a grant last spring that would increase their staffing levels. According to presentations I have heard Chief McCamley give, the fire department is currently staffed at 1960s levels, even though the responsibilities of the department and the size of the city have grown. According to the chief, the city has fallen behind in national guidelines.

The good news is that the fire department was awarded a $1.73 million grant. The bad news is that the city has to absorb about $950,000 and agree to keep on the additional 16 firefighters this grant would allow. Right now, the city doesn't have the money.

The key issue, "Where's that money going to come from?"

Somehow, I don't think it will be coming back from SME.

Support For Senate Bill 88

Neighborhood Council 7 has gone on the record in support of Senate Bill 88. If passed, this bill will determine what constitutes a school speed zone. On Jan. 13, the Senate Highways and Transportation committee voted 8-0 in favor of this bill. It is my understanding it will go to the House sometime in March.

Friends;
At our meeting last night, Neighborhood Council 7 voted to send the appended letter to Senator Tropila, in support of Senate Bill 88. The letter will be signed and sent by our council members this week.

Sincerely,
Aaron
--
January 13, 2009
The Honorable Mitch Tropila
Montana State Senate
PO Box 929
Great Falls, MT 59403
VIA EMAIL: tropila@mt.net

Dear Senator Tropila:

We write today to support Senate Bill 88, which is now being reviewed by the Senate Highways and Transportation Committee in Helena. This is a common-sense safety bill for our community and for our children. Thank you for sponsoring this legislation.

Neighborhood Council 7 is an elected body, representing approximately 7 thousand residents in the Lower North and South sides of Great Falls. There are two inner-city elementary schools within our council borders, Whittier and Longfellow Elementary. Students at both schools must cross a very busy 9th Street in order to attend school.

We remain concerned that no definition of a school zone in existing Montana Code. If passed, Senate Bill 88 would simply add a definition of school zone to the Montana Code. The crux of the bill is as follows:

“School zone” means an area near a school beginning at the school’s front door, encompassing the campus and school property, and including the streets directly adjacent to the school property and for as many blocks surrounding the school as determined by the local authority establishing a special speed limit under 61-8-310.

If implemented into law, there will be no gray area when local law enforcement agencies are handing out speeding tickets. At present, a person is guilty of a misdemeanor if convicted of exceeding the speed limit near a school zone. If SB 88 is signed into law, “near” will be changed to “in”, the gray area disappears and our children’s safety is greatly improved.

Senate Bill 88 is a safety bill that is long overdue. We stand firmly in support of this legislation and will be thrilled to see it become a part of Montana law.

Sincerely,
Neighborhood Council 7

As a side note, past member of Neighborhood Council 4, George Littlefield, did the leg work to bring this bill to fruition.

Grant Request Approved

Good news! NC#7 found out that their grant request for Gibson Park lighting has been approved:

Friends;

I just found out that the Peoples Park and Rec Foundation of Great Falls voted yesterday to approve our grant request for Gibson Park lighting. We are now most of the way to our goal, which will allow us to apply for a CTEP grant for the remainder of funds necessary to light Gibson Park.

With just a few thousand dollars more in donations, we should be able to see a groundbreaking and lighting at Gibson Park by Fall, 2009.

Yours,

Aaron

Bad Bills

My husband stumbled upon a site that is very interesting. It's called badbills.com and it highlights state legislature bills the author believes are bad, for whatever reason.

Here is a list of no-brainers:

LC0162 - State PANCAKE - No kidding!

LC1194 - State dog - didn't see one for a cat

LC1406 - Establish the third Saturday in June as a state holiday and call it "Juneteenth National Freedom Day"

LC1890 - State insect, the damselfly

Here are a couple of the "bad bills" that have made it to stage two:

HB184 - State Love Song

HB68 - Revise stop requirements for bicycles - Bad Bill Bob's take on this bill - "If passed, MT bicyclists may become the state pancake".

Our tax dollars at work.

Whittier School Playground Grant

UPDATE:

As per Aaron, all members of NC7 signed this letter of support.


Friends;

At our meeting tonight, we will be discussing the pending grant request from the Whittier PTA for upgraded and new playground equipment. I have attached a letter draft that I will ask NC7 to sign and send tonight. If you have any suggested edits, please get them to me in the next hour and I will try to incorporate them into the letter text.

Yours,
Aaron

Neighborhood Councils - Week of Jan. 12, 2009

There are four councils scheduled to meet this week:

NC#7

When: Monday, Jan. 12 at 7:00pm

Where: NeighborWorks conference room, 509 1st Avenue South

Agenda:

Here.

NC#1
When: Tuesday, Jan. 13 at 7:00pm

Where: Meadow Lark School library

Agenda:

Election of officers

Presentation by United Way

Presentation by People's Park and Recreation Foundation

Presentation by John Juras on bike paths

Neighborhood concerns

NC#2

When: Wednesday, Jan. 14 at 7:00pm

Where: West Elementary School cafeteria

Agenda:

Election of officers

Information on a proposed update to the Franklin Apartments

Presentation on gangs in Great Falls by the GFPD

Neighborhood concerns

NC#8

When: Thursday, Jan. 15 at 6:30pm

Where: Women's Annex of the Prerelease Center, 1019 15th Street North

Agenda:

Election of officers

Presentation by the People's Park and Recreation Foundation

Emergency preparedness

Neighborhood concerns

Special Meeting Canceled

Hat tip: Gregg

On the advice of counsel, the special meeting that was to take place between the City Commission and the ECP board has been canceled.

Our Tax Dollars At Work

According to City Manager Greg Doyon, Commissioner Rosenbaum requested that the City Commissioners should take the Meyers Briggs workshop.

What follows are e-mails between Commissioner Jolley and Mr. Doyon's secretary and Mr. Doyon's response:

Subject: Meyers Briggs workshop

Date: Wed, 7 Jan 2009 16:33:46 -0700

From: Joyce Thares

To: Bill Beecher, Bill Bronson, Dona Stebbins, John Rosenbaum, Mary Jolly

CC: Mark Willmarth

I am working to schedule the Meyers Briggs workshop with Mark Willmarth and the commission. Please let me know if either of these dates work for you:

Tuesday, January 20, 2-4 p.m.
Thursday, January 22, 2-4 p.m.

As a reminder, Commissioners Beecher and Bronson still need to complete the assessment form and get it back to Mark.

Thanks. Joyce

****************
From: Mary Jolley

To: Joyce Thares

Subject: RE: Meyers Briggs workshop

Date: Thu, 8 Jan 2009 15:13:30 +0000

I will not be attending the workshop.
Jolley

*****************
From: Mary Jolley

Sent: Thursday, January 08, 2009 8:43 AM

To: Joyce Thares; Greg Doyon
Subject: RE: Meyers Briggs workshop

On second thought, is this Workshop opened to the Public? I might reconsider if it is. And could you please put in writing the reason, pupose or hoped for outcome of the Workshop.

Thanks,
Jolley

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

Subject: Response to Commissioner Jolley's concerns

Date: Thu, 8 Jan 2009 08:59:20 -0700

From: Greg Doyon

To: Bill Beecher, Bill Bronson, Dona Stebbins, John Rosenbaum, Mary Jolley

cc: Joyce Thares

Commissioner Rosenbaum requested that the Commission consider having a workshop facilitated by Mark Willmarth on our Meyer’s-Briggs personality types. This is not a psycho-analysis, but an opportunity for the Commission and the manager to learn more about how we communicate individually and collectively.

As you know, all meetings where a majority of the Commission are present are public. This session will be conducted as a workshop session.

Once we get a full response from the other Commissioners , we’ll advise you of the final date and time if you want to participate.

- Gtd

Downtown Police Officer Petition

We will have copies of this petition printed for the upcoming NC7 meeting on Monday. Please support this effort.

Sincerely,
Aaron Weissman

DGFA = Downtown Great Falls Association

Neighborhood Council #7-Jan. 12 Agenda

Councilors and Friends;

Please find attached the agenda for our upcoming Neighborhood Council 7 meeting, which will be Monday, January 12 at 7 p.m. at the NeighborWorks conference room.

Yours,
Aaron

AGENDA
NEIGHBORHOOD COUNCIL
DISTRICT 7
Monday, January 12, 2009
NeighborWorks Conference Room, 509 1st Avenue South
7:00 p.m.

Please note: This agenda format allows citizens to speak on each issue prior to Council discussion. We encourage your participation. In the interest that all parties can be heard, please limit your comments.

CALL TO ORDER/PLEDGE OF ALLEGIANCE

APPROVAL OF DECEMBER MINUTES

REPORTS
City Commission
Other Reports

NEW BUSINESS
Election of Officers
Council Vacancy Announcement
Whittier Elementary Playground CDBG Grant Application; Letter of Support
Law office at 3rd Street North and 9th Street – Dan Shannon
Montana Legislature – Bills affecting lower North and South sides of Great Falls
Neighborhood Concerns

OLD BUSINESS
Gibson Park Lighting status update
Problem Properties
Other Old Business

OTHER BUSINESS

ADJOURN

Next meeting February 9, 2009—Great Falls Recreation Center

Good Neighbor Award

Neighborhood Council 4 is asking for nominations for their Good Neighbor Award.

If you know of anyone who goes out of there way to be good neighbor, please consider nominating them.

Nominees can be an individual, organization or business within the city.

Nominations can be sent to:

1. The Neighborhood Council Coordinator, Patty Cadwell at pcadwell@greatfallsmt.net or mailed to her in care of the city - P.O. Box 5021, Great Falls, MT 59403

2. The chair of Council 4 - Sandra Guynn at siguynn@yahoo.com or P.O. Box 7047, Great Falls, MT 59406.

Violation Of State Code

At Tuesday night's City Commission meeting, it was brought to the attention of the commissioners by an "uninformed and under-informed participant", that ECP is in violation of state code.

According to Ordinance 2925, Title 5, Section 5.20.080 - Rules of Operation:

The Board of Directors of the Corporation shall from time to time consider and recommend rules for operation of the municipal electric utility which shall contain, at a minimum, those requirements of good practice which can be normally expected for the operation of an electrical utility as required by Title 69, Chapter 7, Part 2, Montana Code Annotated, as amended. All rules of operation recommended by the Board of Directors shall be subject to approval by resolution of the City Commission. (Ord. 2925, 2005; Ord. 2861, 2003)
(emphasis added)

As of Tuesday, these Rules Of Operation were not on file.

So let's review (here, here, here, here, here, here): Who is it again that is uniformed and under-informed?

Membership Certificate

Another item brought up at Monday night's ECP meeting was the membership certificate that all members of SME are to receive. (See section 5)

Concerned citizen, Kathleen Gessaman, asked for a copy of this certificate. Among other things, this document states the name of the member of SME. Inquiring minds want to know: Is the member of SME the City of Great Falls or ECP?

Well, guess what? Nobody has it. The first words out of Coleen's mouth were, "we don't have it". She did admit that it was a legitimate records request and that Kathleen could fill out that form.

A short time later, Coleen told Mr. Golie that it must have "gotten lost in transit".

Joint Meeting Of The City Commission And ECP

According to city staff present at the ECP board meeting on Monday, Jan. 5, the special meeting between the City Commission and ECP will be held at 5:00pm on that date.

According to ECP Chair George Golie, Tim Gregori will not be invited.

Mr. Gilbert suggested that because ECP has been named in the Yellowstone Valley Electric lawsuit, Mr. Murphy (lawyer for City/ECP) should be given a copy of the agenda for review. He feels that since this is supposed to be a "frank" discussion about this entire relationship, it might create problems for later on. City Attorney Dave Gliko considered the thought and concurred. Vote was 5-0 in favor of giving a copy of the agenda to Mr. Murphy.

This is supposed to be a public meeting, but as of this date, the city does not have it listed on their calendar. Perhaps they are waiting for the go ahead from Mr. Murphy.

What A Mickey Mouse Operation

Sorry, Mr. Gilbert. But it's the truth.

At Monday night's ECP board meeting, they couldn't even follow their own Bylaws. A member of the audience (Ron Gessaman) pointed out the following:

Section 3.08. - Matters Not on the Agenda - Coleen Balzarini talked about a petition the city submitted to the Public Service Commission. Evidently the City wanted the PSA to rule that HB 25 took away the city's ability to get new customers. According to Balzarini, the PSC said this was out of their jurisdiction. Coleen said the city could take the matter to the legislature, but didn't think this would be a good idea; the legislature doesn't see things the same way the city does and would probably not take the time to rule on it. Another option would be to take it to district court, which would mean attorney fees. No action was taken.

This would have been a legitimate discussion, except, it was not on the agenda.

Section 4.04. - Chair - The Board shall elect a Chair at its first meeting and annually at its regular January meeting beginning in 2006. The Chair shall take office at the next meeting.. .

This item wasn't on the agenda either. And since they had just gotten their hands slapped for talking about an item not on the agenda, Mr. Golie laughed this off and said something along the lines: "well, since it's not on the agenda, we can't talk about it".

Another question Mr. Gessaman asked: Where does ECP get the authority to have an executive director? If you read the Bylaws and Ordinance 2925, there is no mention of an executive director.

To top it all off, when discussion turned to resolution 2008.0001 (establishing guidelines for a five minute comment period), we learned that the board has been following guidelines, but there is no record of these guidelines being voted upon. (Coleen said they searched all of the minutes and couldn't find the vote). Bob Pancich, previous chair, said he thought they had been approved, because he was following them when he was chair.

Mickey Mouse. No doubt about it.

What A Mess

At last night's City Commission meeting, Mr. Lewin reiterated again why he thinks the city could be in for a rough ride regarding the lawsuit filed by Yellowstone Valley Electric.

He referenced again the Assignment and Assumption Agreement between the City and ECP and read portions found on pages 2 and 3. As he mentioned at Monday night's ECP meeting, there are different obligations for the City and ECP and therefore, each should have their own attorney. He said this is very important because ECP has been losing money and the City Commission has never held them accountable.

And by the way, at the ECP meeting, board member Bill Ryan asked Mr. Lewin if he would volunteer his services. Mr. Lewin came back with a very definite NO.

ECP And Yellowstone Valley Electric

One of the issues on tonight's agenda pertained to the lawsuit filed by Yellowstone Valley Electric.

The City/ECP does have legal council; Gerald Murphy of Moulton, Bellingham P.C. from Billings. He, as well as City Attorney Dave Gliko, feel that naming ECP in the suit is fairly superficial, because in the "prayer for relief" portion of the suit, claims were made against SME only.

Stuart Lewin, local attorney, indicated that ECP should get their own attorney and ask Mr. Murphy if he has a conflict of interest. He read portions of the Assignment and Assumption Agreement between the City of Great Falls and ECP:

6. The Parties desire to enter into this Agreement through which all of the City’s right, title, and interest in and to the SME Contract is assigned to Electric City and Electric City agrees to assume ll of the City’s duties under the SME Contract, all as more fully provided herein.

NOW, THEREFORE, in consideration of the foregoing, the mutual promises of the parties, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Assignment. The Seller hereby assigns, transfers and conveys to the Buyer the rights, benefits and privileges of the Seller under the SME Contract.

2. Assumption. For and in consideration of the assignment hereunder, the Buyer hereby accepts the foregoing assignment and hereby assumes all of Seller’s rights, obligations, interests and liabilities under the SME Contract to the same extent as though it had originally been named as a party thereto and agrees to observe, perform and fulfill all the terms and conditions of the SME Contract.

It is Mr. Lewin's contention that because of this agreement, the ECP board could find themselves at odds with the City Commission. He also feels that Coleen Balzarini's position could present a huge problem for the city, because she seems to "wear many hats". (Ya think!) Who does she represent, the City or ECP?

Chairman Golie felt that Mr. Lewin was confused with the terminology in the agreement; that buyer means ECP customers, not ECP.

I guess Mr. Golie (who, by the way, is a member of the ECP pilot program) didn't read the agreement from beginning to end, because if he had, he would have known that seller = City of Great Falls and Buyer = Electric City Power, Inc.

The board did not take any action on this issue.

There's more to report so stay tuned.

Neighborhood Council 7 Has Vacancy

From Aaron Weissman, chair of NC#7:

Friends;

Please see the message below from Ole Johnson. I would like to take this opportunity to publicly thank Ole for his wisdom and enthusiasm in volunteering to help our neighborhood over the past year.

With Ole's resignation, an open seat is available on Neighborhood Council 7. We will attempt to fill this vacancy at our February meeting. Interested candidates should plan on attending both our meeting next Monday and in February.


I hope to have an agenda for our upcoming meeting out to you by Wednesday.
Yours,
Aaron

With the onset of the New Year I have developed commitments that will have me out of town and unavailable so with upmost regret I must resign from Neighborhood Council # 7, throughout the last year I have enjoyed the progress made and steps we have taken forward. I have no say with regard to my replacement but from observation made I would think Greg Hall would be a good replacement. It has been a pleasure to have been on this neighborhood council and I would serve in any capacity in the future if I am available.

Best wishes, Ole Johnson

Great Falls Opera House

On Jan. 4, 1892, the Great Falls Opera House, located at 113 3rd Street North, opened its doors. The evening was billed as "never-to-be-forgotten".

Postcard image

Photo courtesy of Richard and Carol Ecke as published in Great Falls Memories ~ Volume 1

Neighborhood Councils - Week of Jan. 5, 2009

Three councils meet this week:

NC#6

When: Wednesday, Jan. 7 at 7:00pm

Where: Sunnyside School music room - 1800 19th Ave. South

Agenda:

Election of officers
Appointing a new member to fill a vacancy

Discussion and vote on the proposed wind turbine at MSU-COT

Information on emergency preparedness

Neighborhood concerns

NC#3

When: Thursday, Jan. 8 at 7:00pm

Where: Westgate Mall meeting room

Agenda:

Election of officers

Information on the proposed new animal shelter in Riverview

Neighborhood concerns

NC#9

When: Thursday, Jan. 8 at 7:00pm

Where: GFHS south campus, room 105

Agenda:

Election of officers

Information on emergency preparedness

Neighborhood concerns

Another Big Day For Early Great Falls

On January 3, 1890, the Boston and Montana Company selected "North Great Falls as the site of their Immense Factories, which will furnish constant employment to thousands of workmen whose cash wages will circulate every month in North Great Falls and vicinity".

Many of us who live in Great Falls have had family members work at the "smelter". My great-grandfather, who emigrated from Yugoslavia, worked there shortly after it opened. Other family members worked there as well.

Source: Electric City Memories (2009 historical calendar published by the Great Falls Tribune)

ECP Board January Meeting

Where: Monday, Jan. 5, 2009 at 5:30pm

When: Gibson Room, Civic Center

Agenda:

Call to Order 5:30 PM

Roll Call

EXECUTIVE DIRECTOR REPORT
Financial Reports
Blended Rate Status Update
Year to Date Financials
Hourly energy consumption charts
HGS Status Update

Miscellaneous Reports
YVEC vs SME, et al; ECP Board legal representation

UNFINISHED BUSINESS
Resolution 2008.0001, Establishing Guidelines for a Five Minute Comment Period

NEW BUSINESS
Accept Board Meeting Minutes from December 1, 2008

BOARD MEMBER REPORTS
COMMUNICATIONS
Public Comment

NEXT ECP BOARD MEETING

February 2, 2009

JOINT ECP/CITY COMMISSION WORK SESSION
Tentative Date: January 12, 2009, 5:00 p.m.

ADJOURN

"Blast Was Put On"

2009 marks the 125th anniversary of Great Falls.

As a way to celebrate, Cataract City will be highlighting historic events, posting photos and occasionally publishing relevant crossword puzzles.

Courtesy of the Cascade County Historical Society
The Silver Smelter, looking northeast

We get things off to a grand start by announcing that on January 2, 1889, the Silver Smelter produced its first 10 bars of silver when the "blast was put on". Note: The Silver Smelter was not where our famous "smoke stack" was located.

A local couple, Gary and Sandra Guynn, have a website devoted to this first major industrial endeavor of Great Falls.

Recommendation To Airport Authority Board

According to the agenda for Tuesday's City Commission meeting, Jeff Mangan and Raymond Wahlwert are being recommended for reappointment.

Of course, the vote still remains.

Work Session - Tuesday, Jan. 6, 2009

What: City Commission Work session

When: Tuesday, Jan. 6, 2009 at 6:00pm in the Gibson Room

Any ideas what a presentation about public lands on the Rocky Mountain Front has to do with Great Falls' city government?

Just Doesn't Want The Public Involved

Here is the mayor's response to Mary's e-mail:

From: Dona Stebbins

To: Mary Jolley, Jordan Love, John Rosenbaum, Bill Bronson, Bill Beecher, George Golie, Lee Ebeling, John Gilbert, Robert Pancich, Bill Ryan

CC: Greg Doyon, Coleen Balzarini, JoAnn Thares

Subject: Re: Comment in the Helena Legislature

Date: Fri, 2 Jan 2009 12:58:04 -0700

I believe that this should be a meeting to share and disseminate information. Of course, if we decide to make official policy on anything, that would properly come before the public in the form of a public hearing. At that time, we would be happy to hear public input.
Dona

How It Works In Helena

Mayor Stebbins is trying hard to limit the public's opportunity to participate in a public meeting tentatively scheduled for January 12.

Commissioner Jolley was not comfortable with her remark about when and how the public could comment at this meeting by referencing what is done at the Legislature in Helena:

From: Mary Jolley
To: Dona Stebbins, Jordan Love, John Rosenbaum, Bill Bronson, Bill Beecher, George Golie, Lee Ebeling, John Gilbert, Robert Pancich, Bill Ryan
CC: Greg Doyon, Coleen Balzarini, JoAnn Thares:

RE: Comment in the Helena Legislature
Date: Fri, 2 Jan 2009 16:16:27 +0000

As to the Mayor’s take on Comment in the Helena Legislature:

“Perhaps a limited time comment forum at the conclusion of the meeting? (20-25 minutes or so, with a designated speaker or two - as is customary at the Legislature?)” Dona (in an email)

Public Comments in Helena are limited because there are only 24 hours in a day. Committees of the House and Senate meet at set times and have to conduct their business in between the times the Full Senate and Full House meet on their respective floors at times that are regularly scheduled.

In committees through which all bills must pass (normally) the time constraints on public comment are dictated by how much time there is before Full session meetings and meal time. The more time there, is the more public comment allowed.

The Committee chairs do not dictate who may speak. Lobbyists often arrange among themselves an order of speakers to cover their points. At any time a “civilian,” unaffiliated person my jump in front of lobbyists to comment.

Chairs request that persons not repeat what another has said but do encourage persons to get on the record that they are in agreement with a previous speaker.

As our meeting will start at 5;30 and we have no other business to conduct I think we should have lots of time for public comment. Fine examples of recent hearings in Great Falls that went well into the night are the County Hearings on zoning, the draft Hearings for the EIS and the meetings held in regards to the South Arterial.

Mary Jolley

It Never Ends

Hat tip: Gregg

I can see that evidently making city government more inviting to the citizens is not a New Year's resolution for the mayor.

First, there is this e-mail setting up a meeting to discuss "the City’s electricity business going forward and the roles and relationships of the City, ECP, and Southern Montana Electric".

City Commissioners and Board Members of Electric City Power:


At the request of the Electric City Power Board members, we would like to schedule a meeting in the next couple of weeks with the Commission and the Board to discuss the City’s electricity business going forward and the roles and relationships of the City, ECP, and Southern Montana Electric. The workshop will be publicly noticed and the Commission can determine whether or not to allow public comment during the session. We are suggesting Monday, January 12th at 5:00 PM. Please advise us if this date and time works for you. We will also circulate a proposed agenda before the meeting, based on your prior input regarding discussion items.

Thanks,
Jordan Love

So far, so good. Holding workshops/meetings was discussed and agreed to at ECP's December meeting. Doing this came about as a result of questions and concerns raised by Mr. Gilbert.

Then we have this gem from the mayor:

From: Dona Stebbins

To: Jordan Love, John Rosenbaum, Bill Bronson, Bill Beecher, Mary Jolley, George Golie, Lee Ebeling, John Gilbert, Robert Pancich, Bill Ryan

CC: Greg Doyon, Coleen Balzarini, JoAnn Thares

Subject: Re: City Commission - ECP Meeting
Date: Mon, 29 Dec 2008 18:36:59 -700

Jordan,

Nice to have you back here - you have been missed. I believe the time and the date will work for me. However, I would like to keep this as an informational exchange meeting and discussion for ECP and the Commission, lest it become a free-for–all, with uninformed and under-informed participants weighing in. Perhaps a limited time comment forum at the conclusion of the meeting? (20-25 minutes or so, with a designated speaker or two - as is customary at the Legislature?)

Dona

Then Mary Jolly replies:

From: Mary Jolley
To: Dona Stebbins, Jordan Love, John Rosenbaum, Bill Bronson, Bill Beecher, George Golie, Lee Ebeling, John Gilbert, Robert Pancich, Bill Ryan
CC: Greg Doyon, Coleen Balzarini, JoAnn Thares
Subject: RE: City Commission - ECP Meeting
Date: Tue, 30 Dec 2008 15:38:31 +0000

Is it any wonder that we are ALL as you say, “uninformed and under-informed participants?”Is not the meeting to be held so that we and the public may become informed?What is the status of the Freedon of Information Suit against the city? Have we responded? I haven’t seen anything.
Jolley

Happy New Year!

AULD LANG SYNE - THE STORY SO FAR

Written in 1788 by Robert Burns and sung to a traditional Scottish folk melody, the song's title literally means 'old long since', but is the equivalent of such sayings as 'for old time's sake'

Singing the song in Scotland at Hogmanay (New Year's Eve) quickly became a Scots custom that spread across the world, as Scots emigrated and took the song with them

Canadian band leader Guy Lombardo is often credited with popularising the use of the song at New Year's celebrations in North America, through his annual broadcasts on radio and television beginning in 1929, although it is recorded as ushering in the New Year in the States much earlier in the 19th century

Its first appearance in films was in the Charlie Chaplin movie The Gold Rush, re-released with added sound in 1942, where it is sung at a New Year's Eve party

In Japan, Auld Lang Syne is played daily to mark closing time in most large department stores, while in China it is one of the most popular mobile phone ring tones all year round

In Brazil, Portugal, France, Spain, Greece, Poland and Germany the song is used to mark a farewell

In India, the melody was the direct inspiration for the popular Bengali song 'Purano shei diner kotha' (About the old days) composed by Nobel laureate Rabindranath Tagore, and forms one of the more recognisable tunes in Rabindra Sangeet (Rabindra's Songs), a body of work of 2,230 songs and lyrical poems that form the backbone of Bengali music

In the Philippines, it is well known and sung at celebrations like graduations, New Year and Christmas Day

In Latin America, a salsa version of Auld Lang Syne recorded by Salsa Celtica is a regular fixture in salsa clubs, while other recording artists who have made their mark on the famous track include Funk legend James Brown and even Elvis

Syne is pronounced like sign - never zyne

And the refrain is 'For auld lang syne" - NOT 'For the sake of auld lang syne'

The original Scots version of Auld Lang Syne:

1. Should auld acquaintance be forgot, And never brought to mind? Should auld acquaintance be forgot, And days o' auld lang syne.

Chorus

And for auld lang syne, my jo, For auld lang syne, We'll tak a cup o' kindness yet, For auld lang syne,

2. And surely ye'll be your pint-stowp! And surely I'll be mine! And we'll tak a cup o' kindness yet, For auld lang syne.

3. We twa hae run about the braes And pu'd the gowans fine; But we've wander'd mony a weary foot Sin auld lang syne.

4. We twa hae paidl'd i' the burn, Frae mornin' sun till dine; But seas between us braid hae roar'd Sin auld lang syne.

5. And there's a hand, my trusty fiere! And gie's a hand o' thine! And we'll tak a right guid willy waught, For auld lang syne.

Job Opportunity

RSVP has a vacancy for a Volunteer Coordinator. Click below for the job description.

Deadline to apply is January 7.

Back To Business

Okay. It's time now to get back to the business of the city and our problems.

As posted here, the city (ECP) has been named in a lawsuit filed by Yellowstone Electric.

Below is an e-mail dated Dec. 18 from City Manger Doyon pertaining to this issue:

(MMIA = Montana Municipal Insurance Authority)

A few questions/concerns:

1. Who is responsible for physically doing the securing? Is it the IT (Information Technology) department, which by the way is under the supervision of fiscal services (Coleen Balzarini)?

2. As of this date, has the city complied with this directive? (The memo states ASAP).

3. Who is held ultimately liable if this doesn't happen, especially with personal computers?

4. How does this situation effect this one? We are still waiting for the judge's ruling, but if the judge should rule in favor of the plaintiff, will the public be able to view the "secret box"?

5. Will the public be able to view any other relevant correspondence since this directive? For example, I would find it hard to believe that there wasn't some communicating between Coleen and Gregori after the last ECP board meeting. After all, there was some serious questions raised about this entire endeavor.

A Great Read

For Christmas, I bought my husband Bill O'Reilly's latest book, A Bold Fresh Piece of Humanity. That's not Bill's description of himself, but rather what Sister Mary Lurana called Bill back in the third grade. Of course, he agrees that she was dead-on.

As is the case with most books I buy my husband, I read them before he does. You might say I buy him books I will want to read too, which is true, but we do have similar tastes so it's like killing two birds with one stone.

This is the first book of O'Reilly's that I (we) have read, and I must say, I enjoyed it very much. (After sharing snippets of it with my husband, he thinks he will like it too). We both think along the same lines and can relate to his conservative upbringing.

According to page 3:

The following pages will prove that the sister's perspicacious remark remains relevant about fifty years after the fact. But this account is not a traditional memoir in the sense that I mean to tell you my life story. I don't want to do that, because I happen to think I'm a pretty boring guy. So a recitation of my existence wouldn't do anyone much good. Instead, I will attempt to define why I believe what I believe by telling you how those convictions grew directly out of my life experience. This tactic is designed to keep you, the reader, entertained and amused, as you and I probably have much in common, at least in the upbringing department.

Okay.

Neighborhood Councils - Week of Dec. 29, 2008

No meetings are scheduled this week.

Merry Christmas!

This year's blessing by the Holy Father, Pope Benedict XVI:

"May the birth of the Prince of Peace remind the world where its true happiness lies; and may your hearts be filled with hope and joy, for the Saviour has been born for us".

http://www.vatican.va/liturgical_year/christmas/2008/urbi-christmas2008/urbi_en.html

More Problems For The Sheriff

In today's paper, there is an article about the ongoing issues Sheriff Castle is having with his budget and the County Commissioners.

According to a report by KRTV, the sheriff may take legal action.

What happens with regard to this situation will effect all of us, not just those living outside of the city limits of Great Falls.

Neighborhood Councils - Week of Dec. 22, 2008

Only one council is meeting this week:

NC#4

When: Monday, Dec. 22 at 6:30pm

Where: Heritage Baptist Church - 900 52nd Street North

Agenda:

Possible annexation and development of property at 52nd Street North

Information about the reorganized Peoples Park and Recreation Foundation

Neighborhood concerns

You Be The Judge

Last week I reported that John Hubbard was removed from last Tuesday night's City Commission meeting. See for yourself if he disrupted the meeting:

http://homepage.mac.com/neiltaylor1/iMovieTheater16.html

The Montana Historical Society Weighs In

The Montana Historical Society has issued a letter to the Corps of Engineers concerning the COE's permit to SME:

Tonight's City Commission Meeting

Here are the highlights from tonight's meeting:

1. The blended rate scenario was pulled due to "commission action". At the five minute public comment time, Tim Gregori said he is looking forward to "ECP being on par with the other members" or words to that affect. If you attended the work session where this was discussed, please feel free to share.

2. Mr. Gessaman asked, for the record, who on the commission had looked into the "secret box". One person (Jolley) nodded.

3. Larry Rezentes, CPA, took the city to task for trying to hide the deficits of ECP through a clean audit. He said it is nothing more than, "we're going down the tubes, but the accounting is done accurately".

4. He also reiterated as did Ron Gessaman, that even though the city got an unqualified or clean audit, it doesn't mean the figures are accurate. The audit only indicates that the financials were presented fairly and according to appropriate accounting standards. Thank you Messrs. Rezentes and Gessaman. I very much enjoyed not hearing Commissioner Beecher bloviate about how accurate the city's finances are because of a clean audit.

5. Near the end of the meeting, Mayor Stebbins presented retiring planning director Ben Rangel a plaque for his 35 years of service.

6. At the close of the meeting, Mayor Stebbins wished everyone a Merry Christmas and Happy Hanukkah and told everyone to be "kind to each other"; unfortunately, she said this several minutes after she had John Hubbard removed for calling the commissioners "empty-headed".

I must say this was the first meeting in a long while where the commissioners didn't have much to say. Commissioner Jolley asked a few questions, but the others made no comments.

You don't suppose this lawsuit had anything to do with that?

SME Met Their Deadline

Today, DEQ ruled that SME did begin construction of HGS before the November 30 deadline of their air quality permit. (On December 4, EarthJustice wrote to DEQ claiming that SME failed to meet their deadline).

It's not all said and done though. DEQ is still considering how to proceed concerning this violation.

Some "Secret" Items Exposed?

If you've read this suit, you probably came away learning a few things you didn't know before:

1. Once the RUS opted not to loan SME funds, SME began to court investment bank JP Morgan, who declined to loan as well. (#27, page 9)

2. SME signed a purchase agreement with Toshiba, which SME did not comply with. Now Toshiba is demanding financial penalties. (#37, page 12)

3. SME obtained a $1.25 million line of credit with First Interstate Bank in July 2008. (#38, page 13)

4. SME and its sister corporation secured a $5 million loan from Stockman's Bank in October 2008. (#40, page 13)

5. The sister corporation of SME, SME Electric Generation and Transmission Cooperative owes $2.4 million to the "older" SME as of October 31, 2008. (#44, page 15)

I think we might now know some of what is contained in the "Trade Secret Box".

More Problems For SME

Last Friday, Yellowstone Valley Co-op filed suit against SME, the other co-ops and ECP. Below is the article at the Billings Gazette:

A family feud among Montana electrical cooperatives trying to build a power plant near Great Falls has escalated into a lawsuit.

Yellowstone Valley Electric Cooperative of Huntley filed a lawsuit Friday against Southern Montana Electric Generation and Transmission Cooperative or SME, which is trying to build a coal-fired electric generating facility near Great Falls. The power would be shared among five Montana electric cooperatives and the city of Great Falls.

YVEC General Manager Terry Holzer said his cooperative's members have spent between $7 million to $8 million on the Highwood project had tried unsuccessfully to leave the cooperative.

"We have not been successful at being able to negotiate a settlement," Holzer said. "In addition to the added liabilities and cost exposure Southern Montana and the other systems are taking on, we feel we have to seek this action to add stability and predictability to our future."

The lawsuit said the proposed cost of the Highwood plant has doubled, from $456 million to nearly $900 million.

The lawsuit filed by Billings attorney John Crist asks that YVEC's membership in Southern Montana be terminated, that there be a financial accounting of Southern Montana's activities and damages of an
undetermined amount, including punitive damages.

The lawsuit also asked that the cooperative return to Yellowstone Valley power it was receiving from the Western Area Power Administration.

Contracts for relatively cheap hydro-electric power from the Pacific Northwest are ending and that spurred the Montana cooperatives to try to build their own power plant.

In April, SME essentially kicked Yellowstone Valley out of the project. Although SME's chief executive Tim Gregori said Yellowstone Valley knew of the vote to end its membership. The contract between the two runs 22 years.

Earlier this month, the U.S. Army Corps of Engineers suspended one of Highwood's building permits saying that further review was needed on the power plant's impact on Meriwether Lewis and William Clark's route in 1805, now declare a National Historic Landmark.

Construction on the 250-megawatt plant started in October in order to beat a November regulatory deadline set by the Montana Department of Environmental Quality. However, the project has run into financial and legal troubles.

Two other lawsuits against the project are pending.

Tim Gregori, general manager of Southern Montana Electric G&T and its sister company Southern Montana Generation and Transmission Cooperative, said he received the lawsuit about 11:30 a.m. and had no immediate comment.

"Our attorneys are taking a look at it. We see this perhaps as a continuation of what we tried to address in April. Right now we haven't even a chance to read it," Gregori said.

Neighborhood Councils - Week of Dec. 15, 2008

One council is meeting this week:

NC#5

When: Monday, Dec. 15 at 7:00pm

Where: GF Clinic Speciality Center conference room

Agenda:

MSU-COT request for conditional-use permit for erecting a windmill

Presentation from the People's Park and Recreation Foundation

Neighborhood concerns

State Supreme Court

According to more details in today's Tribune about yesterday's hearing, MEIC is planning to appeal Judge Phillips ruling of rezoning to the state Supreme Court. When I get more information about that appeal, I will post it.

Opponents Lose Appeal

By a 3-1 vote, the Cascade Zoning Board has denied an appeal of the construction permit to HGS.

More details should be forthcoming tomorrow.

2007-2008 Audit Reports

Here you can find the city audit reports for YE 2007-2008. Included is the special emphasis review given to the ECP fund.

Permit Appeal Hearing

The Cascade County Zoning Board will be hearing this appeal this morning:

When: Friday, Dec. 12 at 9:00am

Where: Lottery Club section of the Paddock Club at the Fairgrounds

The board could take a vote today or delay a decision for up to 30 days.

CO2 Supplemental Appeal

Below you will find the supplemental appeal filed December 11 on the CO2 lawsuit.

Needle Art

I never gave something like this a thought, much less that somebody could do it. How incredible!

I Missed It!

I missed my own anniversary.

A year ago last week, Dec. 4, marked the first anniversary of Cataract City. I remembered it was sometime in December, but went right by it.

Since it's so common nowadays to not take responsibility for one's own actions, I'm going to blame my oversight on SME, HGS, ECP and the city.

Seriously though, many thanks to all of you for your visits and contributions and to Gregg and David for their support!

Blended Rates And Next Tuesday Night

According to Commissioner Jolley, the blended rate scenario will be on the agenda for Tuesday night's City Commission meeting. (The agenda is not yet posted online):

Blended Rates is on Tuesday’s Agenda for Commission to approve or deny. My crystal ball sees a 4 - 1 vote to approve.

If commissioners were to look in the Secret Box, it might be 5 - 0 to deny but maybe I’m just an incurable opptimist.

If I was a community organizer I would gather a 100 residents to loudly chant, “Open the Box, Open the Box” at 5:30 Tuesday night.

Did SME Meet Their Deadline?

On December 4 EarthJustice wrote a letter to DEQ on behalf of MEIC, CCE, Sierra Club and the National Parks Conservation Association claiming that "illegal construction activities do not constitute "commencement of construction" of the proposed Highwood Generating Station".

According to EarthJustice, SME has failed to meet their November 30 construction deadline:

Appeal Filed Against DEQ

Below you will find the appeal, dated Dec. 10, that MEIC, CCE, Sierra Club and the National Parks Conservation Association has filed against DEQ for issuing the air permit for HGS.

Taken from page 1:

To accommodate SME in its rush to move the Highwood project forward without necessary improvements, the Montana Department of Environmental Quality (“DEQ”) issued a permit modification that fails to set any limits on emissions of fine particulate (“PM2.5”) and unlawfully allows SME to circumvent pollution control requirements for hazardous air pollutants. However, SME’s eagerness to proceed with construction does not excuse full compliance with the Clean Air Act and with this Board’s orders.

Ongoing Involvement

Thanks to Gregg for posting these documents concerning questions regarding the ongoing role of the ECP board and the concerns of the city manager with regard to the city's support of HGS.

As I mentioned here, Mr. Gilbert is the first one who has taken the lead in trying to resolve the ongoing problems of this flipping mess.

I am also impressed with City Manager Doyon's responses to Commissioner Bronson's memo as well.

It remains to be seen though how well the four commissioners, who are hell-bent on the city's continued support of HGS, will LISTEN at the upcoming workshops to discuss this issue.

Boston Pizza Foundation

A concerned citizen would like to know what is going on with the foundation that was built for Boston Pizza at the Twilite Center.

Boston Pizza relocated but the foundation remains and is evidently an eyesore.

Does anybody know anything about this?

NC7 November minutes

Here are the minutes from Neighbhorhood Council 7's November meeting:

Neighborhood Councils - Week of Dec. 8, 2008

Three councils are meeting this week:

NC#7

When: Monday, Dec. 8 at 7:00pm

Where: Community Rec. Center - 801 2nd Ave. North

Agenda:

See here.

Addendum: Meeting is in conjunction with Neighborhood Watch.

NC#2

When: Wednesday, Dec. 10 at 7:00pm

Where: West Elementary School cafeteria at 1205 1st Ave. N.W.

Agenda:

Peoples Park and Recreation Foundation

Info. about Center West, which occupies the former Agape Center

United Way presentation

Neighborhood Concerns

NC#9

When: Thursday, Dec. 11 at 7:00pm

Where: South campus of GFHS, room 105

Agenda:

Peoples Park and Recreation Foundation

Neighborhood Concerns

Not A Smart Thing To Do

It sounds like things got a little heated between Sheriff Castle and the County Commissioners at yesterday's safety budget hearing.

I've heard Sheriff Castle talk about his budget problems. And like everybody else, he's struggling. One thing I did not know until I heard his presentation was that public officials are held personally liable if they exceed their budgets. I would be very concerned if I were in his shoes right now.

So what happened?

I spoke to a very reliable source who attended the meeting and he indicated that Commissioner Beltrone walked out on the sheriff.

Great. Just what we need. That kind of childish, unprofessional behavior is NOT going to help solve the problem. Grow up.

Where Are We?

I don't know about you, but with everything going on with SME, HGS and ECP, I sometimes forget what legal/governmental action is pending.

To keep up, I thought it would be helpful to have a current list of the lawsuits, appeals and hearings that are pending as of this date. If you think I've missed any, let me know. Thanks Jerry for your help. (:

1. County Board of Adjustments appeal/hearing regarding HGS land conformance permit issued to SME - brought by landowners and MEIC. Hearing is December 12, 2008.

2. MEIC lawsuit against the City of Great Falls on open records issues - originally filed October 28, 2008. Decision is still pending from Judge Wayne Phillips.

3. CCE/MEIC/Sierra Club CO2 lawsuit against DEQ/SME - this suit was originally filed June 27, 2008. Decision is still pending from Judge Phillips.

4. CCE/MEIC/Sierra Club/National Trust appeal on DEQ's issuance of air permit 3423-01 to SME. Appeal was requested to the BER (Board of Environmental Review) on November 24, 2008 and is pending.

Neighborhood Council 7 - December Agenda

AGENDA
NEIGHBORHOOD COUNCIL
DISTRICT 7
Monday, December 8, 2008
Community Recreation Center, 801 2nd Avenue North
7:00 p.m.

Please note: This agenda format allows citizens to speak on each issue prior to Council discussion. We encourage your participation. In the interest that all parties can be heard, please limit your comments.


CALL TO ORDER

APPROVAL OF NOVEMBER MINUTES

REPORTS
Police Advisory Board
City Commission
Other Reports

NEW BUSINESS
Family Connections: Kim Richter
United Way Community Survey
Peoples Park and Recreation Foundation: Greg Hall
Neighborhood Concerns

OLD BUSINESS
Gibson Park Lighting—Park Trust Fund Matching Grant Application
Downtown Police Officer—City Commission Response to NC7 letter
Problem Properties
Other Old Business

OTHER BUSINESS

ADJOURN

Next meeting January 12, 2009—NeighborWorks Conference Room, 509 1st Avenue South
Election of Officers

"Cooked The Books"

No. This post has nothing to do with the City of Great Falls and their numbers game pertaining to ECP.

Ann Hedges of MEIC wrote an article in the current issue of Down To Earth, the publication of MEIC, highlighting some of the problems with HGS.

One of the issues she discusses is the rezoning of the property. We've just learned that Judge Phillips issued in favor of SME concerning the spot-zoning appeal. We should know shortly if MEIC is going to appeal his decision.

Another issue she discusses is the Construction Permit issued by Cascade County. I think you will find her explanation of what went on with that quite interesting.

She also tackles the Air Pollution Permit where she indicates that SME "cooked the books" on its hazardous air pollutant analysis.

Thanks very much Anne for granting permission to post your article.

Corps Of Engineers Suspends Permits

SME is facing an additional hurdle, which Tim Gregori claims they are "prepared to deal with."

The Army Corps Of Engineers suspended SME's water and power permits, because the review process has not been completed on Section 106 of the National Historic Preservation Act.

Below is the suspension letter and accompanying history:

Downtown Police Officer

Back on November 7, Neighborhood Council 7 wrote this letter to the City Commission concerning the reassignment of the downtown police officer. Here is the Commissioners' response: