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VOLB - 1995 ECONOMIC DEVELOPMENT Commission Minutes 01-10-95 LIME KILN ROAD SPEED BUMPS Commissioner Wortman reported that he drove up Lime Kiln Road Tuesday morning, January 10, 1995. He stated that the speed bumps are still in place. He also stated that he talked with Road Supervisor, Rick Felstet about removing them. Commissioner Notbohm stated that Mike McMahon has refused to accept the certified letters the Commission has sent to him, but the other members of the Road Improvement District had accepted theirs. Commissioner Notbohm asked Rich if the County puts a blade on that road would they be saying that Lime Kiln Road is indeed a County Road. Rich stated that if the County puts a blade on that road today it does not obligate the County to keep blading it. Commissioner Wortman stated that another one of the speed bumps warning signs is missing. Rich indicated that the County should probably get in there and remove the bumps. He also indicated that if the County removes the bumps the district would be obligated to pay for the repairs. COMMISSIONER OBIE TO OPEN OFFICE IN MONTANA CITY Commissioner Obie reported that she met with County Road Supervisor, Rick Felstet and Sheriff, Tom Dawson about using the office in the County Shop building in Montana City. The office has a separate entrance from the shop building. The Sheriff's deputies from the north end use the office in the evenings. Commissioner Obie has received permission to use the office on Monday mornings, from Tom Dawson and Rick Felstet. Commissioner Obie stated that flyers are going to be distributed by the Solid Waste employees at the drop box site, and other flyers will be posted throughout the north end. The purpose of the office is to have Commissioner Obie more accessible, for people from that end of the County to visit with half a day per week, beginning January 23, 1995. ECONOMIC DEVELOPMENT TASK FORCE Commissioner Obie presented Resolution 06-95, A Resolution Providing For The Creation Of An Economic Development Task Force. She stated that she feels that there is a need to create a task force to address the issue of economic development in Jefferson County. Scott Mendenhall stated that the Commissioners hired him to be the County Economic Development Coordinator with County funding. He stated that he has done a lot of research into the success of Economic Development efforts around the country. He read some of the lessons learned in having a committee for those efforts. He stated that he feels that it is necessary to have a committee. Commissioner Obie stated that their plan is to have a ten member committee. There was a discussion about a member of the agriculture community being on the 2 Commission Minutes 01-10-95 task force. Commissioner Notbohm asked what the committee would cost the County. Scott Mendenhall stated that reimbursement for mileage would be about all, and that is already included in his budget. He stated that maybe later on they might want to send someone to a conference or seminar somewhere then there would be reimbursement for per diem. Commissioner Notbohm stated that he is concerned with spending tax money even if it is set aside for economic development. Commissioner Obie stated that the money in Mendenhall's budget is money than can only be spent for economic development. Commissioner Notbohm stated that he perceives the committee as additional government and feels that they are jumping into this without giving it a lot of thought. Commissioner Obie stated that the committee would not have any authority other than to make recommendations to the County Commissioners. She stated that they would be there to motivate, not to dictate. A lengthy discussion followed. RESOLUTION 06-95 RESOLUTION NO. 06 95 A RESOLUTION PROVIDING FOR THE CREATION OF AN ECONOMIC DEVELOPMENT TASK FORCE WHEREAS the Jefferson County Commission has determined that a need exists for a special entity to address the issue of economic development in Jefferson County; and, WHEREAS funding for economic development activities in counties impacted by hard rock mining activities has been provided for in Section 15-37-117, MCA; and, WHEREAS the Jefferson County Commission has, together with the Montana State University Extension Service, provided for a full-time economic development coordinator for Jefferson County; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1 . CREATION OF TASK FORCE: A committee to be known as the Jefferson County Economic Development Task Force, (the "Task Force") is hereby established. 2. MEMBERSHIP: Members of the Task Force shall be residents of Jefferson County. Members shall be appointed by and serve at the pleasure of the Jefferson County Commission and shall be composed of the following ten (10) members: (a) One member to represent the Whitehall Business Association, 3 Commission Minutes 01-10-95 (b) One member to represent the Boulder Chamber of Commerce (c) One member to represent the North County business community, (d) One member who is employed in banking or the financial industry; (e) One member who is employed by the mining industry; (f) One member who is employed by the State of Montana; (g) Three (3) members at-large, one from each of the three commission districts; (h) One member of the Jefferson County Commission. The Extension Agent for Jefferson County, serving as the County's economic development coordinator shall be a non-voting member of the Task Force, shall provide professional staffing, and shall keep official records of the Task Force's activities. 3. VACANCIES: Vacancies on the Task Force shall be filled by the Jefferson County Commission. 4. MISSION: The mission of the Jefferson County Economic Development Task Force is to improve Jefferson County's employment opportunities, incomes and well being by identifying local economic needs and priorities and supporting, strengthening and coordinating economic development activities throughout the county. The primary focus shall be to leverage available business and government resources to provide information, assist with business finance solutions and develop programs to encourage the growth of business in the county. 5. AUTHORITY: The Task Force shall elect necessary officers, provided that the Jefferson County Commission member shall serve as Chairperson. The Task Force shall set its own agenda and develop internal operating rules and policies as long as they are in accordance with Federal, State and County laws and the mission of the Task Force. The Task Force shall also recommend to the County Commissioners proposed policies and procedures and projects for the expenditure of that portion of metalliferous mines license taxes allocated to Jefferson County for planning or economic development activities under Section 15-37-117 (i)(d)(ii)(A), MCA. PROVIDED, HOWEVER, that the Task Force shall have no authority whatsoever, whether actual, implied or ostensible to: (a) Obligate Jefferson County in any manner; (b) Enter into any contract or agreement binding upon Jefferson County in any manner; (c) Incur any indebtedness or financial obligation on behalf of Jefferson County or binding upon Jefferson County in any manner, other than for the Task 4 Commission Minutes 01-10-95 Force's reasonable and necessary expenses and within its authorized budget; (d) Make any statement or representation, binding upon Jefferson County in any manner, or engage in any conduct or activity tantamount to any such statement or representation; or, (e) Hire or employ any person. 6. MEETINGS AND RECORDS: All meetings of the Task Force shall be public meetings subject to the so-called Montana Open Meetings Law. All records of the Task Force shall be public records and shall be subject to public inspection. All such records shall be stored at the Jefferson County Courthouse or at some other public place designated by the Task Force. 7. REPORTING: The Task Force shall submit to the Jefferson County Commission a written report of its activities, including expenditures, by December 31 of each year of its existence. In all cases, the Task Force reports should include quantifiable measurements of its progress. 8. PERIOD OF EXISTENCE: The Task Force shall terminate without further notice on January 31 , 1997. The existence of the Task Force may be extended by action of the Jefferson County Commission prior to expiration. If the Task Force's existence is not extended, all members of the Task Force shall turn over to the Jefferson County Commission all records, notes and resource information relating to the activities of the Task Force. DATED this /G day of January, 1995. BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, MONTANA o/ f I Leonard Wortman, Chair atel)7 app Chuck Notbohm, Commissioner --G1eV a Ob. , missioner 5 RESOLUTION NO. 06_95 A RESOLUTION PROVIDING FOR THE CREATION OF AN ECONOMIC DEVELOPMENT TASK FORCE WHEREAS the Jefferson County Commission has determined that a need exists for a special entity to address the issue of economic development in Jefferson County; and, WHEREAS funding for economic development activities in counties impacted by hard rock mining activities has been provided for in Section 15-37-117, MCA; and, WHEREAS the Jefferson County Commission has, together with the Montana State University Extension Service, provided for a full- time economic development coordinator for Jefferson County; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS : 1 . CREATION OF TASK FORCE: A committee to be known as the Jefferson County Economic Development Task Force, (the "Task Force" ) is hereby established. 2. MEMBERSHIP: Members of the Task Force shall be residents of Jefferson County. Members shall be appointed by and serve at the pleasure of the Jefferson County Commission and shall be composed of the following ten ( 10) members: (a) One member to represent the Whitehall Business Association, (b) One member to represent the Boulder Chamber of Commerce (c) One member to represent the North County business community, (d) One member who is employed in banking or the financial industry; (e) One member who is employed by the mining industry; (f) One member who is employed by the State of Montana; (g) Three (3 ) members at-large, one from each of the three commission districts; (h) One member of the Jefferson County Commission. The Extension Agent for Jefferson County, serving as the County' s economic development coordinator shall be a non-voting member of the Task Force, shall provide professional staffing, and shall keep official records of the Task Force' s activities. 3. VACANCIES : Vacancies on the Task Force shall be filled by the Jefferson County Commission. 4. MISSION: The mission of the Jefferson County Economic Development Task Force is to improve Jefferson County' s employment opportunities, incomes and well being by identifying local economic needs and priorities and supporting, strengthening and coordinating economic development activities throughout the county. The primary focus shall be to leverage available business and government resources to provide information, assist with business finance solutions and develop programs to encourage the growth of business in the county. 5 . AUTHORITY: The Task Force shall elect necessary officers, provided that the Jefferson County Commission member shall serve as Chairperson. The Task Force shall set its own agenda and develop internal operating rules and policies as long as they are in accordance with Federal, State and County laws and the mission of the Task Force. The Task Force shall also recommend to the County Commissioners proposed policies and procedures and projects for the expenditure of that portion of metalliferous mines license taxes allocated to Jefferson County for planning or economic development activities under Section 15-37-117 (i ) (d) (ii ) (A) , MCA. PROVIDED, HOWEVER, that the Task Force shall have no authority whatsoever, whether actual, implied or ostensible to: (a) Obligate Jefferson County in any manner; (b) Enter into any contract or agreement binding upon Jefferson County in any manner; (c) Incur any indebtedness or financial obligation on behalf of Jefferson County or binding upon Jefferson County in any manner, other than for the Task Force' s reasonable and necessary expenses and within its authorized budget; (d) Make any statement or representation, binding upon Jefferson County in any manner, or engage in any conduct or activity tantamount to any such statement or representation; or, (e) Hire or employ any person. 6 . MEETINGS AND RECORDS : All meetings of the Task Force shall be public meetings subject to the so-called Montana Open Meetings Law. All records of the Task Force shall be public records and shall be subject to public inspection. All such records shall be stored at the Jefferson County Courthouse or at some other public place designated by the Task Force. 7 . REPORTING: The Task Force shall submit to the Jefferson County Commission a written report of its activities, including expenditures, by December 31 of each year of its existence. In all cases, the Task Force reports should include quantifiable measurements of its progress. B. PERIOD OF EXISTENCE : The Task Force shall terminate without further notice on January 31 , 1997 . The existence of the Task Force may be extended by action of the Jefferson County Commission prior to expiration. If the Task Force' s existence is not extended, all members of the Task Force shall turn over to the Jefferson County Commission all records, notes and resource information relating to the activities of the Task Force. DATED this / 0 day of January, 1995 . BOARD OF COUNTY COMMISSIONERS OF JEFFERSON W// ,, ,COUNTY, MONTANA 6;L/2a4 al Leonard Wortman, Chair Cornnissioner Notbohm Voted against this Resolution Chuck Notbohm, Commissioner //V � �j G enna Obie, Commissioner (SEAL) ATTEST: Bonnie Ramey, Je erson County Clerk and Recorder RESOLUTION NO. 11 - 96 A RESOLUTION PROVIDING FOR REORGANIZATION OF THE ECONOMIC DEVELOPMENT TASK FORCE WHEREAS the passage of Senate Bill No. 377 in the 1995 Session of the Montana Legislature allows the Board of County Commissioners to reorganize administrative boards, districts and commissions pursuant to 7-1-201 , MCA; and, WHEREAS, the Board of County Commissioners has determined it is appropriate and desirable to provide all its boards clarification as to organization, membership, terms, authority, rules and responsibilities; and, WHEREAS Jefferson County Commission, on January 10, 1995, created by Resolution 6-95, an Economic Development Task Force to address the issue of economic development in Jefferson County and to be funded through the hard rock mining impact fund provided for in Section 15-37-117, MCA; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1) The mission of the Jefferson County Economic Development Task Force is to improve Jefferson County's employment opportunities, incomes and well being by identifying local economic needs and priorities and supporting, strengthening and coordinating economic development activities throughout the county. The primary focus shall be to leverage available business and government resources to provide information, assist with business finance solutions and develop programs to encourage the growth of business in the county. The Task Force shall establish policies and procedures for the development and administration of a program to utilize the economic development portion of the metal mines impact trust fund monies and shall, under the supervision of the County Commission, be responsible for the management of any grant or loan programs associated with said funds. 2) Members of the Task Force shall be appointed by and serve at the pleasure of the Jefferson County Commission and shall be composed of the following nine (9) members, all of whom shall be residents of Jefferson County: (a) One member to represent the Whitehall Business Association, (b) One member to represent the Boulder Chamber of Commerce (c) One member to represent the North County business community, (d) One member who is employed in banking or the financial industry; (e) One member who is employed by the mining industry; (f) One person actively engaged in agriculture (g) Two (2) members at-large, drawn from the county so as to provide a balanced geographical and cultural cross- section; (h) One member of the Jefferson County Commission. The Jefferson County Economic Development Coordinator shall be an ex officio, non-voting member of the Task Force, shall provide professional staffing, and shall keep official records of the Task Force's activities. 3) The terms of the Task Force Board members shall commence on the first day of February. The members shall serve staggered three (3) year terms on the Board so that no more than three (3) terms expire in any given year, except that the County Commissioner's term length shall be at the discretion of the Board of County Commissioners. Pursuant to this resolution, members appointed in 1996 will be appointed for one, two or three years of service in order to establish this staggered pattern. 4) Pursuant to 7-1-201 (7) MCA, all citizen appointees on the Task Force shall serve at the discretion of the County Commissioners and may be removed by a majority vote of the County Commissioners. 5) The Task Force shall set a regularly scheduled monthly meeting day and time and shall meet at least six times per year. If there is no business to come before the Task Force, the chair may cancel the regularly scheduled meeting with at least forty- eight (48) hours public notice, if possible. Similarily, special meetings may be scheduled with at least (48) hours public notice. 6) Task Force members shall be entitled to mileage and expenses in accordance with established state rates for attendance at Board meetings and conducting official Board business. 7) The Task Force shall elect from its members a chair and a vice-chair. A majority of members shall constitute a quorum. The Task Force shall set its own agenda and develop internal operating, --rules and policies as long as they are in accordance with Federal, State and County laws and the mission of the Task Force. The Task Force shall also recommend to the County Commissioners proposed policies and procedures and projects for the expenditure of that portion of metalliferous mines license taxes allocated to Jefferson County for planning or economic development activities under Section 15-37-117 (i)(d)(ii)(A), MCA. 9) Task Force decisions concerning the following actions shall not take effect until approved by the Board of Commissioners: a) the determination of wages and salaries to be paid to employees of the Economic Development Task Force b) the acquisition by lease, purchase, or otherwise, and the disposition by lease, purchase or otherwise, of real property by the Task Force, or operation equipment in excess of $2500.00, not previously approved la the budget process. c) entrance into interlocal government agreements or contracts for servicing and financing; d) make any statement or representation binding upon Jefferson County in any manner, or engage in any conduct or activity tantamount to any such statement or representation; 10) The Task Force may, upon approval of the County Commission, employ a secretary, an economic development coordinator or such other employees or contract for such services as it deems necessary for the discharge of its duties and responsibilities. 11) The Task Force shall prepare and administer a budget for the Task Force, but no budget shall be considered final unless it has been adopted by the Board of Commissioners after public hearing and an annual budget adoption pursuant to Title 7, part 6, §2301, et seq. 12) Task Force employees shall be subject to all personnel policies as adopted by the Board of County Commissioners. Additional policies may be adopted by the Task Force specific to its operation, provided they do not conflict with those in effect for the entire county. 13) The Task Force shall provide to the Board of County Commissioners a register of membership with addresses, and phone numbers, including a designation of officers, and dates, times and places of regularly scheduled meetings. The chair shall assure that, no less than forty-eight (48) hours prior to each meeting, an agenda is posted at each designated public posting place within the County. ;See Jefferson County Resolution 57-95.) Minutes of each meeting shall be filed with the Clerk and Recorder. 14) The Task Force shall submit to the Jefferson County Commission a written report of its activities, including expenditures, by December 31 of each year of its existence. In all cases, the Task Force reports should include quantifiable measurements of its progress. 15) The Task Force may be terminated upon action of the Jefferson County Commission. 16) All purchases of equipment or services or sales of equipment or services by the Economic Development Task Force in excess of $ 100.00 shall be by competitive bid. DATED this 25 day of January, 1996. ATTEST: /7„/r rvi∎LC Ni CLERK AND RECORDER_ LEONARD WORTMAN, CHAIR ' � R GLENNA OBIE, COMMISSIONER Commissioner Notbalim was absent CHUCK NOTBOHM, COMMISSIONER RESOLUTION 42-97 A RESOLUTION PROVIDING FOR REORGANIZATION OF THE ECONOMIC DEVELOPMENT TASK FORCE WHEREAS the passage of Senate Bill No. 377 in the 1995 Session of the Montana Legislature allows the Board of County Commissioners to reorganize administrative boards, districts and commissions pursuant to 7-1-201 , MCA; and, WHEREAS, the Board of County Commissioners has determined it is appropriate and desirable to provide all its boards clarification as to organization, membership, terms, authority, rules and responsibilities; and, WHEREAS Jefferson County Commission, on January 10, 1995, created by Resolution 6-95, an Economic Development Task Force to address the issue of economic development in Jefferson County and to be funded through the hard rock mining impact fund provided for in Section 15-37-117, MCA; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1) The mission of the Jefferson County Economic Development Task Force is to improve Jefferson County's employment opportunities, incomes and well being by identifying local economic needs and priorities and supporting, strengthening and coordinating economic development activities throughout the county. The primary focus shall be to leverage available business and government resources to provide information, assist with business finance solutions and develop programs to encourage the growth of business in the county. The Task Force shall establish policies and procedures for the development and administration of a program to utilize the economic development portion of the metal mines impact trust fund monies and shall, under the supervision of the County Commission, be responsible for the management of any grant or loan programs associated with said funds. 2) Members of the Task Force shall be appointed by and serve at the pleasure of the Jefferson County Commission and shall be composed of the following fifteen (15) members, all of whom shall be residents of Jefferson County: (a) One member to represent the Whitehall Business Association; (b) One member to represent the Boulder Chamber of Commerce or Boulder business community; (c) One member to represent the North County business community; (d) One member who is employed in banking or the financial industry; (a) One member who is employed by the mining industry; (f) One person actively engaged in agriculture; (g) Nine (9) members at-large, drawn from the county so as to provide a balanced geographical and cultural cross-section; (h) One member of the Jefferson County Commission. The Jefferson County Economic Development Coordinator shall be an ex officio, non-voting member of the Task Force, shall provide professional staffing, and shall keep official records of the Task Force's activities. 3) The terms of the Task Force Board members shall commence on the first day of February. The members shall serve staggered three (3) year terms on the Board so that no more than three (3) terms expire in any given year, except that the County Commissioner's term length shall be at the discretion of the Board of County Commissioners. 4) Pursuant to 7-1-201 (7) MCA, all citizen appointees on the Task Force shall serve at the discretion of the County Commissioners and may be removed by a majority vote of the County Commissioners. 5) The Task Force shall set a regularly scheduled monthly meeting day and time and shall meet at least six times per year. If there is no business to come before the Task Force, the chair may cancel the regularly scheduled meeting with at least forty-eight (48) hours public notice, if possible. Similarily, special meetings may be scheduled with at least (48) hours public notice. 6) Task Force members shall be entitled to mileage and expenses in accordance with established state rates for attendance at Board meetings and conducting official Board business. 7) The Task Force shall elect from its members a chair and a vice-chair. A majority of members shall constitute a quorum. The Task Force shall set its own agenda and develop internal operating rules and policies as long as they are in accordance with Federal, State and County laws and the mission of the Task Force. The Task Force shall also recommend to the County Commissioners proposed policies and procedures and projects for the expenditure of that portion of metalliferous mines license taxes allocated to Jefferson County for planning or economic development activities under Section 15-37-117 (i)(d)(ii)(A), MCA. 9) Task Force decisions concerning the following actions shall not take effect until approved by the Board of Commissioners: a) the determination of wages and salaries to be paid to employees of the Economic Development Task Force b) the acquisition by lease, purchase, or otherwise, and the disposition by lease, purchase or otherwise, of real property by the Task Force, or operation equipment in excess of $2,500.00, not previously approved in the budget process. c) entrance into interlocal government agreements or contracts for servicing and financing; d) make any statement or representation binding upon Jefferson County in any manner, or engage in any conduct or activity tantamount to any such statement or representation; 10) The Task Force may, upon approval of the County Commission, employ a secretary, an economic development coordinator or such other employees or contract for such services as it deems necessary for the discharge of its duties and responsibilities, 11) The Task Force shall prepare and administer a budget for the Task Force, but no budget shall be considered final unless it has been adopted by the Board of Commissioners after public hearing and an annual budget adoption pursuant to Title 7, part 6, §2301 , et seq. 12) Task Force employees shall be subject to all personnel policies as adopted by the Board of County Commissioners. Additional policies may be adopted by the Task Force specific to its operation, provided they do not conflict with those in effect for the entire county. 13) The Task Force shall provide to the Board of County Commissioners a register of membership with addresses, and phone numbers, including a designation of officers, and dates, times and places of regularly scheduled meetings. The chair shall assure that, no less than forty-eight (48) hours prior to each meeting, an agenda is posted at each designated public posting place within the County. (See Jefferson County Resolution 57-95.) Minutes of each meeting shall be filed with the Clerk and Recorder. 14) The Task Force shall submit to the Jefferson County Commission a written report of its activities, including expenditures, by December 31 of each year of its existence. In all cases, the Task Force reports should include quantifiable measurements of its progress. 15) The Task Force may be terminated upon action of the Jefferson County Commission. 16) All purchases of equipment or services or sales of equipment or services by the Economic Development Task Force shall be in accordance with the Jefferson County Purchasing Policy. DATED this Y day of September, 1997. • ATTEST: ri j CLERK AND RECORDER GLEITh1A OBIE, CHAIR LEONARD WO MA , COMMISSIONER >d-art,t/ " SAM SAMSON, COMMISSIONER "1 0 lQ q Y rn 1 NatA 5 Corrections will be made on the Final Plat per the findings of the Examining Surveyor prior to Final Plat approval. 6. The applicant will provide documentation that there is legal access to each of the proposed lots prior to Final Plat approval as well as providing legal access across proposed subdivision. 7. A note will be added to the face of the Final Plat that "Roadway maintenance is the responsibility of those private landowners using the roads for access" 8. Rural addresses must be obtained for each lot from the County Rural Address program. In addition, the applicant, in consultation with other land owners, will submit a name for the road through the subdivision. Also, the applicant will be responsible for erecting a street sign as well as lot signs for each lot. 9. A title abstract will be provided at the time of Final Plat approval. Commissioner Wortman moved to grant preliminary plat approval to Thornton Minor Subdivision. Seconded by Commissioner Obie. The motion passed unanimously. CANCELLATION OF AUGUST 19TH REGULAR MEETING Commissioner Obie moved to cancel the August 19th regular meeting in lieu of the joint public hearing with Madison County regarding a Special Recreation District in the Whitehall area. -3LDC AND ECONOMIC DEVELOPMENT TASK FORCE Commissioner Obie moved to disband the Jefferson County Economic Development Task Force and create theJefferson Local Development Council. Commissioner Samson seconded the motion. The motion passed unanimously. Commissioner Obie moved to request quarterly reports from the Local Development Council be provided to the Commission for review and asked for a three year plan for becoming a stand-alone corporaton.Commissioner Wortman seconded the motion. The motion passed unanimously. NOMINATION OF LOCAL DEVELOPMENT BOARD MEMBERS Pursuant to the approved bylaws of the JLDC, the Commissioner appointed nine members to the Board of Directors of the new corporation. Commissioner Wortman nominated Pat Lewis from Boulder to a two year term. The motion was seconded by Commissioner Samson. The motion passed unanimously. Commissioner Samson nominated Dave Kirch to a three year term. The motion was seconded by Commissioner Wortman. The motion passed unanimously. Commissioner Obie nominated Dave Allenbaas to a three year term. Commissioner Samson seconded the motion. The motion passed unanimously. �.• Commissioner Wortman nominated Marilyn Bartlett to a three year term. Commissioner Samson seconded the motion. The motion passed unanimously Commissioner Obie nominated Joe Calnan to a one year term. Commissioner Samson seconded the motion. The motion passed unanimously. Commissioner Wortman nominated Tim Mulligan to a two year term. Commissioner Obie seconded the motion. The motion passed unanimously. Commissioner Samson nominated Robert DeDominic to a one year term. Commissioner Obie seconded the motion. The motion passed unanimously. Commissioner Wortman nominated Bob Marks to a two year term. The motion was seconded by Commissioner Obie. The motion passed unanimously. Commissioner Samson nominated Glenna Obie to a one year term. Commissioner Wortman seconded the motion. The motion passed unanimously. MEETING ADJOURNED ATTEST: JEFI.ERSON C Y COMMISSIONERS ./13- \S/CLERK AND RECORDER(. GLENNA OBIE, CHAIR 40-224 LEONARD WORTMAN, COMMISSIONER SAM SAMSON, COMMISSIONER Exhibit A-1.3. A NARRATIVE EXPLAINING HOW THE APPLICANT REPRESENTS THE INTERESTS OF THE REDEVELOPMENT AREA The Jefferson County Economic Task Force was established by the Jefferson County Commission in March 1995. The Task Force was established in recognition of economic dislocation, loss of a tax base and serious job dislocation in the County. All the members of the Task Force were volunteers from various business communities in Jefferson County. The Task Force established a mission, goals and objectives with assistance from the Montana State University Extension Service. The organization of a local development corporation, the acquisition of the abandoned South Boulder Campus, a county-wide business retention- expansion survey and production of two marketing videos about business attraction and tourism are examples of the Task Forces activities. In August of 1998 the Jefferson Local Development Corporation was formed. The Corporation continued to follow the Task Forces history of collaborative community based volunteerism. The Corporation is registered as a non-profit organization. The Jefferson Local Development Corporation filed articles of incorporation, bylaws and has a board of directors. New partnerships were forged with the development of the Corporation. Representatives from the mining, agriculture, education, small business, tourism /recreation, government, and the retail sectors meet monthly to conduct the Corporation's business and activities. The Jefferson Local Development Corporation strives to improve and stabilize Jefferson County's economy. The Corporation continues to foster public-private partnerships and generate new private sector jobs. Jefferson Local Development Corportation 81-0519998 _ _ Form 1024 Attachment BY-LAWS JEFFERSON LOCAL DEVELOPMENT CORPORATION ARTICLE I NAM The name of the corporation shall be the "Jefferson Local Development Corporation", and it is sometimes referred to in these By-Laws as "The Corporation". ARTICLE II During all Directors meetings and meetings of the Jefferson Local Development Corporation, all questions of parliamentary procedure shall be settled according to the latest edition of Robert's Manual of Parliamentary Rules. ARTICLE III PURPOSE This corporation is organized not for profit under Title 15, Chapter 23 of the Revised Codes of Montana, 1947, and the object of said corporation is to promote the general economic welfare of Jefferson County, Montana. The corporation is organized not for profit under Title 15, Chapter 2 M.C.A. to receive and administer funds and other assets exclusively for educational and charitable purposes without pecuniary gain or profit, incidental, or otherwise, to its members. Its purpose shall be to assist business enterprises, enhance tax base, create employment opportunities, combat community deterioration and to assist in the development of projects, undertakings, studies and other activities in cooperation and in coordination with local governmental, civic bodies and other groups, corporations or individuals to aid, assist, and foster the planning, replanning, development, renewal, redevelopment, and improvement of Jefferson County, Montana. To that end, where appropriate, and in concert with the above purpose: 1. To investigate and study general and specific economic conditions within Jefferson County, Montana, with an aim to increase economic activity, employment, tax base and opportunity. 2. To use all pertinent information for promotion of potential developments and business concerns within said County. 15. To carry on any of the foregoing activities or purposes either directly, or as agent for or with other persons, associations, or corporations. 16. To carry on any activity and to deal with and expend any such property or income therefrom for any of the foregoing purposes without limitation, except such limitations, if any, as may. be contained in the instrument under which such property is received, the Certificate of Incorporation, the By-Laws of the Corporation, or any other limitations as are prescribed by law, provided that no such activity shall be such as is not permitted by a corporation exempt from Federal Income Tax under Section 501 (c) (6) of the Internal Revenue Code of 1954 or any corresponding future provision of the Revenue Code, and that the Corporation shall not intervene in or participate in, any political campaign on behalf of any candidate for public office, and provided further that no part of the net earnings of this Corporation shall inure to the benefit of any member or private individual and no member, director, or officer of the Corporation shall receive any pecuniary benefit from the Corporation, except such reasonable compensation as may be allowed for services actually rendered to the Corporation. 17. To have and exercise all powers necessary or convenient to effect any or all of its purposes and to have and exercise all powers granted non-profit corporations by the laws of the State of Montana. ARTICLE IV MEMBERS Section 1. Membership Section la. Membership in the JLDC shall be open to any resident of Jefferson County of legal age, who is interested in the economic, social and community development of Jefferson County. Members will be actively recruited by the Board of Directors from'all geographical, social and economic areas within the county. Applications shall be in writing. Membership fee schedule shall be determined by the Board of Directors. Section lb. Membership will be open to individuals residing outside of Jefferson County by invitation of the Board of Directors. Section 1 c. Any member may be expelled for cause by resolution passed by two-thirds of the entire Board of Directors at any meeting called for this purpose. Such member shall be notified of the intention of the Board to consider his expulsion and shall be given the opportunity of a hearing before the Board. Passage of such resolution shall without other act on the part of the Board of Directors, annul such membership. ARTICLE V DIRECTORS Section 1. The Jefferson Local Development Corporation shall have eight (8) Directors. All other interested.persons shall be members of the Corporation. Voting power shall be vested solely in the Board of Directors. In the event a vacancy occurs on the Board of Directors, it shall be filled by the Board of Directors voting to extend directorship to a member of the Corporation. One additional director shall be a Jefferson County Commissioner. Section 2. Any member of the Board of Directors may resign therefrom by resignation in writing lodged with the Secretary/Treasurer. Section 3. Any member of the Board of Directors may be removed from the position because of their failure for any reason to perform their duties as such member. Such removal shall be made by the vote of two-thirds of the remaining Directors of the Corporation at a special meeting duly called and noticed for that purpose. Such meeting will be scheduled at least twenty (20) days in advance by written notice to those concerned. Section 4. Except as otherwise provided herein, all resolutions, appointments, appropriations or other acts of the Board of Directors shall be by a majority of those present and constituting a quorum of five (5) or more members of the Board. Sections. The initial Board of Directors shall be appointed by the Jefferson County Commission. There shall be appointed three (3) directors to serve for a term of three (3) years, three (3) directors to serve for a term of two (2) years and two (2) directors to serve for a term of one (1) year. Thereafter, the members of the Board of Directors shall be elected by ballot at the annual meeting of the Corporation by a majority vote of the members present and constituting a quorum. A slate of directors will be presented by the nominating committee consisting of the President, Vice President, and Manager. The Secretary shall publicize in the official newspaper of Jefferson County the persons nominated at least twice in the 21 days prior to the annual meeting. Additional names of candidates for directors can be nominated by petition bearing the genuine signatures of at least 10 qualified members of the Corporation. Such petition shall be filed with the nominating committee within 10 days after publicity has been given the names of those nominated. Each director so elected or appointed shall serve until his/her term has expired or and subject to the approval of the Board of Directors. No director shall serve more than three consecutive full terms on the Board. A director whose initial term on the Board of Directors is less than a full two-year term shall not have their initial term counted toward the maximum three-term limit. At the expiration of his/her term of office, he/she shall deliver to the Board of Directors all books, papers and property of the Corporation. • 3. To assist in funding and financing of plant and equipment for business concerns within said County, either by funds solely from its source or in conjunction with the Small Business Investment Act of 1958 and the office of Economic Development Administration of the Department of Housing and Urban Development of the United States of America, and other such programs. 4. To supplement and stimulate the flow of private equity capital and long term loan funds which small business concerns need for sound financing of these business operations and for their origin, growth, expansion, and modernization. 5. To assist local business expansion to provide a means of livelihood and expand job opportunities. 6. To provide help in establishing new business in the area and to rehabilitate existing or former businesses that have deteriorated. 7. To provide consulting and advisory services to business concerns; 8. To acquire, develop and sell, lease, transfer or assign real property for industrial development; 9. To purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real and personal property, or any interest therein, wherever situated; 10. To receive and administer funds from local, state and federal governments, private foundations and corporations. 11. To sell, convey, lease, or make loans, grants, or pledges of any such property, or any interest therein or proceeds therefrom, and to invest and reinvest the principal thereof and receipts therefrom, if any. 12. To borrow money upon and pledge or mortgage any such property for any purpose for which it is organized, and to issue notes, bonds, or other forms of indebtedness to secure any of its obligations. 13. To sue or be sued, complain and defend, in its corporate name; 14. To make contracts and incur liabilities, receive grants of money, both public and private, borrow money at such rates of interest as the corporation may determine, issue its notes, bonds, and other obligations and secure any of its obligations by mortgage or pledge of all or any of its property, franchises and income. ARTICLE VI OFFICERS Section 1. The officers of the Corporation shall be a President, Vice President and Secretary/treasurer. Each of the.officers will be Directors of the Corporation. Section 2. At the first meeting of the Board of Directors, the President, Vice President and Secretary/Treasurer shall be elected by ballot by a majority of the Directors present and constituting a quorum. Thereafter, at the first meeting of the Board following each annual meeting of the Corporation, officers shall be elected in the same manner by the Board. Each officer so elected shall serve for one year or until his/her successor is duly elected and qualified, except in the case of his/her earlier death, resignation or removal. Following death, resignation or removal, the Board of Directors shall appoint a replacement to fill any vacancies among the officers at the next general meeting of the Board. Scion 3. All officers, whether elected or appointed, may be removed at any time by order of the Board of Directors. Section 4. Any officer may resign in writing lodged with the Secretary/Treasurer. Section 5. The duties of the several officers shall be those usual to such officers in similar corporations except as otherwise expressly provided herein. Section 6. The President, or in his/her absence, the Vice President, shall preside at all meetings of the Board of Directors, and shall sign, or countersign, all contracts or other instruments made on behalf of the Corporation, as authorized by the Board of Directors._ He/she shall make reports to the Directors and perform all such other duties as are incident to his/her office or are properly required of him/her by the Board of Directors. Section 7. The Secretary/Treasurer shall keep an active and accurate account of all money received by and expended for the use of the Corporation. He/she shall be responsible for the safe guarding of all funds received by the Corporation and for their proper disbursements. Such funds shall be kept on deposit in financial institutions approved by the Board of Directors. He/she shall be required to make monthly reports to the Board of Directors and an annual report at the end of each year to the members and Board of Directors. His/her books shall at all times be open to inspection by the Board of Directors and subject to audit at the Board's discretion. He/she shall sign or countersign such instruments as require his/her signature and shall perform all duties incident to his/her office, or that are properly required of him/her by the Board of Directors. ,Section S, Officers may hire or contract for the position of Manager and other staff. The Manager shall issue notices for all meetings, shall keep their minutes, shall have charge of the Seal and the Corporate Books and, with the President, shall sign such instruments as require such signature, shall make such reports and perform such other duties as are properly required of him/her by the Board of Directors. He/she shall have the.custody of all monies and securities of the Corporation and shall keep regular books of account and balance the same each month. The Manager shall conduct all official correspondence, preserve all books, documents, and communications, keep books of account, maintain an accurate record of the proceedings of the Corporation, Board of Directors and all Committees. The Manager shall make recommendations to the Executive Committee on employing, supervising and dismissing employees within the budgets limitations. ARTICLE VII MEETINGS OF ORPORATION Section 1. The annual meeting of the Corporation shall be held at the principal office of the Corporation in September each year, or at such other time or place as may be designated by the Board of Directors, for the purpose of electing Officers, receiving the annual reports and the transaction of other business. Written notice of such meetings shall be mailed by the Manager to each Member of the Board of Directors at least ten (10) days before the meeting. Section 2. At the annual meeting of the Corporation, the Directors shall receive a report of the last fiscal year, verified by the President and the Secretary/Treasurer, showing the whole amount of real and personal property owned by the Corporation, where located and where and how invested, the amount and the nature of the property acquired during such fiscal year and the manner of the acquisition, the amount and nature of the property applied, appropriated or expended during such fiscal year, and the purposes, objects or persons to or for which such applications, appropriations or expenditures have been made. This report shall be filed with the records of the Corporation and entered upon the minutes of the proceedings of the annual meeting. Section 3. At least five (5) members of the Board of Directors must be present at the annual meeting of the Corporation for the transaction of any business and if there be less than this number present, the presiding officer may adjourn the meeting until such number is present. Section 4. The Board of Directors shall meet not less frequently than quarterly for regular meetings. Absence from three consecutive regular meetings without excuse deemed valid and so recorded by the Board of Directors, shall be construed as resignation of any Director. • sec.ion 5= The authorized number of members of the Board of Directors necessary to - - constitute a quorum for the transaction of business at meetings of the Board of Directors is five (5) or more and if such a number is not present at any meeting, the presiding officer may adjourn the meeting until such a number is present. Section 6. Special meetings of the Corporation may be called by the President, Vice President, Manager or any five members of the Corporation upon not less than five (5) days written notice to each member of the Board of Directors given by the President, Vice President or Manager or by the members calling the meeting, which notice shall state the purpose or purposes for such meetings, and the time and place of such meetings. In case of emergency meeting, the Manager may call special meetings. Section 7. At all meetings of the Corporation, the President, Vice President or Secretary/Treasurer in the order given, shall preside if present. If none of them are present, the Manager shall preside. Section 8, At every meeting of the Corporation, each member of the Board of Directors shall be entitled to one vote to be cast either in person or by proxy. Section 9. All meetings shall be open to the public except closed sessions as determined by the President. ARTICLE VIII ,SPFCTAT, COMMITTEES Section 1. There shall be an Executive Committee made up of the officers and the Jefferson County Commission Director with the remaining ones appointed by the President. This-committee shall consist of at least five (5) Directors from the Board of Directors including the President. The Manager shall be a non-voting ex-officio member and the remaining members of the committee shall be from the Board of Directors. Action may be taken by such committee with the approval of any three members thereof. When the Board of Directors is not in session, the Executive Committee shall have all the powers of the Board, except those specifically reserved by the Board of Directors, and provided, however, that all expenditure of funds by this Corporation must be approved by the Board of Directors. All authority granted to the Executive Committee may be revoked by the Board of Directors at any time, but all actions taken by the Executive Committee or under authority granted by it while its authority shall remain unrevoked by the Directors shall be and remain effectual and valid for all purposes. Section 2. The President, by and with the approval of the Board of Directors, may create such divisions as he/she shall deem necessary and shall appoint all committees and facilitate the work of the organization. The President and Manager shall be ex-officio members of all committees and divisions. All committee and division organization will be subject to and governed by these By-L wc_ ThP Prx•citiont ahnil ARTICLE IX CzENERAL_BESEISIQNS Section L The fiscal year of the Corporation shall be from the 1" day of July to the 30th day of June of the following year. Section 2. The organization shall be bonded in such amount and in such manner as deemed necessary by the Board of Directors. Sgclion..3, The Corporation shall indemnify and hold harmless each person who shall serve at any time hereafter as a Director or Officer of the Corporation from and against any and all claims and liabilities to which such person shall become subject by reason of his/her having heretofore or hereafter been a Director or Officer of the Corporation, or by reason of any action alleged to have been heretofore or hereafter taken or omitted by him/her as such Director of Officer, and shall reimburse each person for all legal and other expenses reasonably incurred by him in connection with any such claim or liability; provided, however, that no such person shall be indemnified against, or be reimbursed for any expense incurred in connection with any claim or liability arising out of his/her willful or criminal misconduct. The rights accruing to any person under the foregoing provisions of this article shall not exclude any other right to which he may be entitled, nor shall anything herein contained restrict the right of the Corporation to indemnify or reimburse such person in any proper case even though not specifically herein provided for. The Corporation, its Directors, Officers, employees and agents shall be fully protected in taking any action or making any payment under this Article VIII, or in refusing so to do, in reliance upon the advice of counsel. ARTIrt PP X AMENDIELELS These By-Laws may be amended at any annual or special meeting of the Corporation by a majority vote of the members present and constituting a quorum, provided that written notice has been duly sent to each member of the Corporation as provided for in Article VI, Section 3 thereof. NOV-I3-98 FRI 4: 12 PM OP HELENA FAX NO; 14064492068 P. 2 CERTIFICATE TO BYLAWS We, the undersigned, collectively constituting the board of directors do hereby certify that the foregoing bylaws, under the caption By-Laws of Jefferson Local Development Corporation, adopted at the organizational meeting of the such board of directors held on the 17th day of August, 1998. Dated this 17th day of August, 1998.`- JEFFERSON LOCAL DEVELOPMENT CORPORATION Bob Marks, President Attest: Marilyn B: , ett, ecretary SECRETARY OF STATE STATE OF MONTANA • MIKE COONEY Jefferson Local Development Corportation ,400-1111, 81-0519998 Montana State Capitol Form 1024 Attachment �'� .-' `j"�""`� PO Box 202801 de,. Helena, MT 59620-2801 ( 6)4 Business Services Bureau 44-3665 http://www.state.mt.us/sos/ LesLee Shell-Beckert, Deputy SCOTT MENDENHALL PO BOX B :�1 �E3I�T�.t�� s : . WHITEHALL MT 59759 1� : ��F.��ORP�?RATLEEII� OF IN ORATI9N' August 3, 1998 :;: ..:...:..:.: >:>:::.:: «<.:: , N T)09S56M35 5 Dear Scott: I've approved the filing of the documents for the above named entity. The document number and filing date have been recorded on the original document. This letter serves as your certificate of filing and should be maintained in your files for future reference. Thank you for giving this office the opportunity to serve you. If you have any questions in this regard, or need additional ass' please do not hesitate to contact the Business Services Bureau professionals at (406) Sincerely, • .74,64,Z CX4-1-1z)- • Mike Cooney Secretary of State Enclosure .......E,..:.(Aflt d114-2Q7A. Vr ran nnw fit%in Jefferson Local Development Corporation Board of Directors NAME RACE NATIONAL SEX APPOINTMENT ORIGIN DATE Robert Marks White USA Male August, 1998 Robert DeDominic White USA Male August, 1998 Marilyn Bartlett White USA Female August, 1998 Glenna Obie White USA Female August, 1998 David Kirsch White USA Male August, 1998 Tim Mulligan White USA Male August, 1998 Patricia Lewis White USA Female August, 1998 Joe Calnan White USA Male August, 1998 David Elenbaas White USA Male August, 1998 Scott Mendenhall White USA' Male August, 1998 Exhibit Part V Civil Rights Narrative Membership in the Jefferson Local Development Corporation is open to any resident of Jefferson County regardless of gender, disability, race, religion or class. The membership requirements are to be of legal age and have an interest in the economic, social and community development of Jefferson County. Members of the organization are recruited publically from all geographic, social and economic areas within the County. The Jefferson Local Development Corporation affirms that it does not discriminate in it's policies on the basis of race, sex, color, national origin, marital or parental status, creed, ex-offender status, political status, mental or physical disabilities. It also is the position of the Jefferson Local Development Corporation to be free of discriminatory practices in all matters related, but not limited to employment, educational opportunities, facilities use and participation in the Corporation's activities and programs. RESOLUTION NO. 11 - 96 A RESOLUTION PROVIDING FOR REORGANIZATION OF THE ECONOMIC DEVELOPMENT TASK FORCE WHEREAS the passage of Senate Bill No. 377 in the 1995 Session of the Montana Legislature allows the Board of County Commissioners to reorganize administrative boards, districts and commissions pursuant to 7-1-201 , MCA; and, WHEREAS, the Board of County Commissioners has determined it is appropriate and desirable to provide all its boards clarification as to organization, membership, terms, authority, rules and responsibilities; and, WHEREAS Jefferson County Commission, on January 10, 1995, created by Resolution 6-95, an Economic Development Task Force to address the issue of economic development in Jefferson County and to be funded through the hard rock mining impact fund provided for in Section 15-37-117, MCA; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1 ) The mission of the Jefferson County Economic Development Task Force is to improve Jefferson County's employment opportunities, incomes and well being by identifying local economic needs and priorities and supporting, strengthening and coordinating economic development activities throughout the county. The primary focus shall be to leverage available business and government resources to provide information, assist with business finance solutions and develop programs to encourage the growth of business in the county. The Task Force shall establish policies and procedures for the development and administration of a program to utilize the economic development portion of the metal mines impact trust fund monies and shall, under the supervision of the County Commission, be responsible for the management of any grant or loan programs associated with said funds. 2) Members of the Task Force shall be appointed by and serve at the pleasure of the Jefferson County Commission and shall be composed of the following nine (9) members, all of whom shall be residents of Jefferson County: (a) One member to represent the Whitehall Business Association, (b) One member to represent the Boulder Chamber of Commerce (c) One member to represent the North County business community, (d) One member who is employed in banking or the financial industry; (e) One member who is employed by the mining industry; (f) One person actively engaged in agriculture (g) Two (2) members at-large, drawn from the county so as to provide a balanced geographical and cultural cross- section; (h) One member of the Jefferson County Commission. The Jefferson County Economic Development Coordinator shall be an ex officio, non-voting member of the Task Force, shall provide professional staffing, and shall keep official records of the Task Force's activities. 3) The terms of the Task Force Board members shall commence on the first day of February. The members shall serve staggered three (3) year terms on the Board so that no more than three (3) terms expire in any given year, except that the County Commissioner's term length shall be at the discretion of the Board of County Commissioners. Pursuant to this resolution, members appointed in 1996 will be appointed for one, two or three years of service in order to establish this staggered pattern. 4) Pursuant to 7-1-201 (7) MCA, all citizen appointees on the Task Force shall serve at the discretion of the County Commissioners and may be removed by a majority vote of the County Commissioners. 5) The Task Force shall set a regularly scheduled monthly meeting day and time and shall meet at least six times per year. If there is no business to come before the Task Force, the chair may cancel the regularly scheduled meeting with at least forty- eight (48) hours public notice, if possible. Similarily, special meetings may be scheduled with at least (48) hours public notice. 6) Task Force members shall be entitled to mileage and expenses in accordance with established state rates for attendance at Board meetings and conducting official Board business. 7) The Task Force shall elect from its members a chair and a vice-chair. A majority of members shall constitute a quorum. The Task Force shall set its own agenda and develop internal operating rules and policies as long as they are in accordance with Federal, State and County laws and the mission of the Task Force. The Task Force shall also recommend to the County Commissioners proposed policies and procedures and projects for the expenditure of that portion of metalliferous mines license taxes allocated to Jefferson County for planning or economic development activities under Section 15-37-117 (i)(d)(ii)(A), MCA. 9) Task Force decisions concerning the following actions shall not take effect until approved by the Board of Commissioners: a) the determination of wages and salaries to be paid to employees of the Economic Development Task Force b) the acquisition by lease, purchase, or otherwise, and the disposition by lease, purchase or otherwise, of real property by the Task Force, or operation equipment in excess of $2500.00, not previously approved in the budget process. c) entrance into interlocal government agreements or contracts for servicing and financing; d) make any statement or representation binding upon Jefferson County in any manner, or engage in any conduct or activity tantamount to any such statement or representation; 10) The Task Force may, upon approval of the County Commission, employ a secretary, an economic development coordinator or such other employees or contract for such services as it deems necessary for the discharge of its duties and responsibilities. 11 ) The Task Force shall prepare and administer a budget for the Task Force, but no budget shall be considered final unless it has been adopted by the Board of Commissioners after public hearing and an annual budget adoption pursuant to Title 7, part 6, §2301, et seq. 12) Task Force employees shall be subject to all personnel policies as adopted by the Board of County Commissioners. Additional policies may be adopted by the Task Force specific to its operation, provided they do not conflict with those in effect for the entire county. 13) The Task Force shall provide to the Board of County Commissioners a register of membership with addresses, and phone numbers, including a designation of officers, and dates, times and places of regularly scheduled meetings. The chair shall assure that, no less than forty-eight (48) hours prior to each meeting, an agenda is posted at each designated public posting place within the County. (See Jefferson County Resolution 57-95.) Minutes of each meeting shall be filed with the Clerk and Recorder. 14) The Task Force shall submit to the Jefferson County Commission a written report of its activities, including expenditures, by December 31 of each year of its existence. In all cases, the Task Force reports should include quantifiable measurements of its progress. 15) The Task Force may be terminated upon action of the Jefferson County Commission. 16) All purchases of equipment or services or sales of equipment or services by the Economic Development Task Force in excess of $100.00 shall be by competitive bid. DATED this 25 day of January, 1996. ATTEST: CLERK AND RECORDERrJ LEONARD WORTMAN, CHAIR / GLENNA OBIE, COMMISS .NER Ccamtissioner Notbolun was absent CHUCK NOTBOHM, COMMISSIONER A Memorandum of Understanding Between Jefferson County,Montana And Montana State University Extension Service And Jefferson Local Development Corporation THIS MEMORANDUM OF UNDERSTANDING between the three above named entities to support the partnership of all to work on economic and community development in Jefferson County. L RECITALS: A. The Jefferson County Commissioners, on January 10, 1995, created by Resolution 6-95, an Economic Development Task Force to address the issue of economic development in Jefferson County and to be funded through the hard rock mining impact fund provided for in Section 15-37-117, MCA. B. The Jefferson County Commission in August 1998 moved and passed unanimously a motion to disband the Economic Development Task Force and authorize the creation of the Jefferson Local Development Corporation (JLDC). C. The Jefferson Local Development Corporation (JLDC) was formed in August 1998 as a non-profit 501(c)(6) membership organization. The primary purpose of the JLDC is to increase economic development throughout Jefferson County by improving employment opportunities, tax base, and providing business assistance. The organization was established as a separate entity governed by a volunteer board of directors selected from throughout the County. The County Commissioners appointed the initial board of directors with subsequent vacancies being advertised and filled by interested volunteers from the specific area of the County where the vacancy occurred. D. Jefferson County Commission and Montana State University Extension(MSU-E)agreed to allow the Jefferson County Extension Agent to be designated as an economic and community development agent, service as loaned faculty for the JLDC in order to: a. Serve as manager of the JLDC, b. Serve as information resource and program facilitator for diverse clientele needs, including existing businesses, entrepreneurs,JLDC members and businesses considering starting,expanding or relocating in Jefferson County, c. Plan, implement and evaluate educational programs and consultations on economic and community development through an advisory process; d. Identify economic, community and educational needs for programming opportunities in Jefferson County,and e. Develop alternative funding opportunities via partnerships, grants and other strategies. MOU Between Jefferson County,MSU-E and JLDC 1 E. This position is supported by an annual cooperative agreement between MSU-E and the Jefferson County Commission. MSU retained supervisory responsibility for its employees with input from the County Commission, the JLDC and constituents. The position falls under the guidance of MSU-E policies and procedures and Jefferson County policies and procedures as appropriate. MSU-E employees work on behalf of the county and are allowed to drive county vehicles. F. MSU-E has as its mission to bring the knowledge created within Montana State University and other Land Grant Universities out to the individual counties. MSU-E employs Extension Agents as field faculty that,bu design,must have the freedom to meet the needs of their constituents in a creative and innovative manner and to work in an environment to succeed in the tenure process when applicable. The JLDC board serves as the advisory committee for the economic and community development agent in addition to setting its own agenda, policies and work plan. G. MSU-E designates the Jefferson County Extension Office Chair, acts as the Jefferson County MSU-E Department Head responsible for supervision of all county employees and budgets within the Jefferson County Extension Office. This relationship involves supporting community and economic development efforts of the Jefferson County Commission. The Jefferson County Commission shall also provide periodic performance input as requested by MSU-E. H. The JLDC secures funding in its name to do its work in Jefferson County and the MSU-E economic and community development agent serves as the manager for the JLDC,the board of directors has a fiduciary responsibility to the corporation. The MSU-E economic and community development agent shall administer the corporation's finances as directed in the JLDC articles of incorporation and by-laws. I. The Jefferson County Commission acknowledges that the county is changing and that the continued reliance on natural resources cannot be sustained indefinitely; it fully supports the JLDC as the lead economic development entity within Jefferson County. The economic and community development agent and the JLDC board work together to advise and assist the County Commission of economic development opportunities that would benefit the County. The Jefferson County Commission will appoint a representative from the Commission as a member of the board of directors to maintain the communication and coordination by providing input to ensure the priorities and direction of the JLDC are in concert with the county leadership's vision for the future. J. The JLDC/Jefferson County Ad Hoc Group has met and formulated the Memorandum of Understanding as well as a resolution between Jefferson County,the Jefferson Local Development Corporation and the Montana State University. K. The Jefferson County Commission and Jefferson Local Development Corporation has adopted a resolution in July 2007 that identifies the relationship of JLDC to Jefferson County. 2. PURPOSE OF MEMORANDUM OF UNDERSTANDING: This understanding is made MOU Between Jefferson County,MSU-E and JLDC 2 and entered into by the Jefferson County Commission, Montana State University Extension, and JLDC to further enhance the relationship between these three entities by providing a solid framework for facilitating economic and community development in Jefferson County and providing for release and distribution of all non-confidential information to any and all interested parties. 3. SCOPE OF UNDERSTANDING: A. The goal of Jefferson Local Development Corporation {JLDC) is to promote the general welfare of Jefferson County by assisting business enterprises,enhance the tax base, create employment opportunities, combat community deterioration and assist in the development of projects, studies and other activities in cooperation and coordination with local governmental, civic bodies and other groups,corporation or individuals to aid, assist and foster the planning, development,renewal, redevelopment and improvement of Jefferson County, Montana. B. The JLDC will provide meeting minutes, staff reports,balance sheets, and transaction registers to the Jefferson County Commission and to the Jefferson County Clerk and Recorder for viewing by the public. C. The JLDC will provide the Clerk and Recorder a complete set of JLDC financial records at least quarterly by electronic file download. Any information provided to the JLDC by clients that is considered personal,proprietary or confidential is excluded from disclosure. D. The JLDC will provide the Jefferson County Commission and the Jefferson County Clerk and Recorder copies of annual audit reports and must comply with accepted government accounting standards. E. The JLDC will provide a regular update of planned and current activities at County Commission meetings. F. The JLDC will provide other information about current JLDC operations to the Jefferson County Commission as requested provided it does not breach confidentiality of JLDC clients as mentioned in item C. G. Annual support for salary of MSU-E will be accomplished through the normal county budget process. H. JLDC operations not covered by other grants or program income will be funded,per approval of the Jefferson County Commission,using the metal mines trust reserve account or other funding sources as appropriate. The Jefferson County Commission will determine the County's financial support for JLDC operations through the annual county budget process. Funds approved for JLDC operations will be retained under the control of the Clerk and Recorder until required by JLDC for expenditure. Disbursement of these funds will be in accordance to the procedures established in the Jefferson County Metal Mine Grant Program. I. The JLDC and County Commission will meet periodically with MSU-E at the request of any of the parties to discuss the effectiveness of faculty in achieving and meeting performance expectations. MOU Between Jefferson County,MSU-E and MAC 3 1 J. The JLDC/Jefferson County Ad Hoc Group will continue to meet in order to establish a sustainable funding source for the JLDC. The Ad Hoc Group recognizes that the hard rock mining impact fund is finite and though the work that JLDC performs benefits the county, much of its work does not result in financial support of JLDC's operations. Such work includes fulfilling the education mission of MSU-E, work on affordable housing, coordinating business networking meetings, keeping abreast of natural resource issues and other similar community development projects. 4. MODIFICATION: This understand may not be enlarged,modified or altered except upon subsequent written agreement signed by the parties hereto. 5. DURATION: This understanding is effective upon execution and continues until such time as any party hereto terminates this understanding by the method hereinafter prescribed. This understanding remains in effect until termination by withdrawal of any of the three parties hereto after the given of thirty(30) days advance written notice to the other parties. Dated this 10t day of July, 2007. Ken Weber, Chairman Board of County Commissioners 4. - / omas E. ythgoe Board of County Commissioner. ?/ ,e 5/0/7/k/ Chuck Notbohm Board of County Commissioners (-00fll e ..??V- Montana ie U 'versity Extension Service jralv..91 _._ n Local opment Corporation .e, _Lti.),,, Attest: 1 ,� Bonnie Ramey, County Clerk and Reco der MOU Between Jefferson County,MSU-E and JLDC 4 A Joint Resolution of Jefferson County, Montana County Resolution Number 19-2007 And Jefferson Local Development Corporation Resolution Number A Resolution Recognizing the Jefferson Local Development Corporations as the County's Economic Development Entity. A. WHEREAS funding for economic development activities in counties impacted by hard rock mining activities has been provided for in Section 15-37-117,MCA;and 8. WHEREAS the Jefferson County Commission has,together with the Montana State University Extension Service,provided for a full-time economic and community development extension agent for Jefferson County; and C. WHEREAS Jefferson County Commissioners,on January 10, 1995,created by Resolution 6-95, an Economic Development Task Force to address the issue of economic development in Jefferson County; and D. WHEREAS the Jefferson County Commission recognizes its need for a non-profit entity to secure funds for economic development in Jefferson County;and E. WHEREAS the Jefferson County Commission in August 1998 moved and passed unanimously a motion to disband the Economic Development Task Force and authorize the creation of the Jefferson Local Development Corporation(JLDC). F. WHEREAS the JLDC/Jefferson County Ad Hoc Group has met and formulated this resolution as well as a Memorandum of Understanding between Jefferson County,the Jefferson Local Development Corporation and the Montana State University. Now, therefore,be it resolved as follows: 1. The JLDC shall include one Jefferson County Commission member on its board of directors. The JLDC shall set its own agenda,shall operate according to its own articles of incorporation and bylaws as a nonprofit corporation and in accordance with Federal,State and County laws. Resolution 19-2007 Joint Resolution of Jefferson County and the JLDC 2. The JLDC shall recommend to the County Commissioners proposed policies and procedures and projects for the expenditure of that portion of metalliferous mines license taxes allocated to Jefferson County for planning or economic activities under Section 15-37-117 (i)(d)(ii)(A), MCA. 3. The Economic and Community Development Extension Agent for Jefferson County shall provide professional staffing for JLDC and shall oversee county support staff in keeping official records of the JLDC's activities. Further: 4. The JLDC shall have no authority whatsoever, whether actual, implied or ostensible without written agreement by the Jefferson County Commission to: (a) Obligate Jefferson County in any manner; (b) Enter into any contract or agreement binding upon Jefferson County; (c) Incur any indebtedness or financial obligation on behalf of Jefferson County or binding upon Jefferson County, other than for the reasonable and necessary expenses and within its authorized operating budget;or, (d) Make any statement or representation,binding upon Jefferson County, or engage in any conduct or activity tantamount to any such statement or representation. 5. Meetings and Records: All meetings of the JLDC shall be public meetings according to state law regarding non-profit organizations and the Montana Open Meetings Law. Records of the JLDC shall be public records and shall be subject to public inspection. However, personal, proprietary or confidential information provided to JLDC by clients is excluded from disclosure to protect the privacy of JLDC clients as determined by JLDC. 6. Reporting: The JLDC shall submit to the Jefferson County Commission a report of its activities and financial records at least quarterly by electronic file download. Further, a Memorandum of Understanding has been developed between JLDC,Jefferson County, and Montana State University Extension Service which provides for the release and distribution of JLDC financial records, audit reports, planned and current activities of JLDC and delineates funding. Dated this 10th day of July, 2007. ATTEST: BONNIE RARIEY C. KEN WEBER,CHAIR CLERK AND RECORDER Resolution 19-2007 Joint Resolution of Jefferson County and the JLDC 2 TOMAS E.LYTHGO OM ISSIONER (7.-/)/(. .o(W,57/1,-,)zA4.„ CHUCK NOTBOI 1, COMMISSIONER 10 441 JEF LO DEVELOPMENT CORPORATION Resolution 19-2007 Joint Resolution of Jefferson County and the JLDC 3