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VOLB - 1973 SOLID WASTE BOARD RESOLUTION CREATING REFUSE DISPOSAL DISTRICT WHEREAS all requirements preliminary to the establishment of a Refuse Disposal District have been satisfied, and all protests thereto have been found to be insufficient;; BE IT RESOLVED that a Refuse Disposal District encompassing all of Jefferson County, Montana, is hereby created for the purpose of the disposal of refuse within said Jefferson County. Reference is made to the Resolution of intention to create Refuse Disposal District adopted by the Jefferson County Board of Commissioners on August 7, 1973 DATED this 8th day of January, 1974 • JEFF N COUNTY BOARD OF COMMISSIONERS Chairman (1 f 1 {9ormissioner 4 1; j• /�-sue ' 7' Commissioner ATTEST:: Lam.�c .hc-. 7 �Z t1-.7_3&Zet Clerk and Recorder RESOLUTION NO. It has come before the Board of County Commissioners that in order to promote harmony and cooperation between the various sub-divisions and citizen groups of the County of Jefferson, that a New Board of Directors for the Solid Waste Program be appointed by the Board and that in order to implement and carry out the smooth and effecient functions in compliance with State and Federal Regulations regarding Solid Waste, the said Board of Directiors will be empowered with the following duties and powers in compliance with Title 7, Chapter 13, Parts 213-235, M.C.A. : 7-13-213 and 7-13-214: The Board of County Commissioners do hereby appoint a New Board of Directors for the implementation of the Solid Waste Program for Jefferson, and that the said Board of Directors will consist of not less than five members drawn in accordance with the above statutes . 7-13-215: The Powers and duties of the Board of Directors shall be, with the approval of the county commissioners, as follows : 1. To develope and administer a program for the collection or disposal of refuse in the district; 2. To employ personnel necessary for the completion of the program and to set the salaries for said personnel . 3. To purchase, rent, or execute leasing agreements for such equipment and material necessary for carrying on an effective refuse collection or disposal program; 4. To cooperate with any corporation, association, individual , or group of individuals, including any agency of the federal , state, or local govern- ment, in order to carry out effective programs ; 5. To receive gifts , grants, or donations for the purpose of advancing the program and to acquire by gift, deed, purchase, or condemnation land necessary for refuse disposal purposes ; 6 . To enforce department of health and environmental sciences or local board of health rules pertaining to the storage, collection and disposal of refuse; 7. To apply for and receive from the federal government or the state government, on behalf of the refuse disposal district, money appropriated by federal or state legislative bodies for aiding these programs ; 8 To borrow from any loaning agency funds available for assistance in planning or financing a refuse disposal district and repay these with the money received from the fees levied under this part. 7-13-217 To make such changes in the boundaries of said district as they shall deem reasonable and proper; following the procedures of notice and hearing outlined under 7-13-205 and 7-13-212. The Board of Directiors shall receive no fee other than the mileage allowed by statute in the pursuit of their duties . NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Jefferson County that the above and foregoing be implemented immediately and that the appointed Board of Directors begin enacting the above duties at the earliest convenience. Dated at Boulder, Montana, this .,?4" day of ina,v14 1982. BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY , MONTANA CHAIRMAN ATTEST: p- m, Q Ale.l�aAtx, ILO ,LeP L�Commissioner erk and Recorder / a -�� - J r/i Commissioner RESOLUTION NO .V -8.9 WHEREAS, in order to comply with the State requirements regarding the disposal of solid waste it has been necessary that Jefferson County include an assessment to finance the same on 1981 taxes , and WHEREAS, adjustments governing apparent inequities existing in the 1981 tax assessments will be made on an individual basis when requested, and WHEREAS , because the Jefferson County Commissioners had no standards on criteria available to establish assessments that generated such inequities, NOW THEREFOR BE IT RESOLVED that a Jefferson County Solid Waste Board be reorganized to include members from the cities of Boulder and Whitehall , composed of� representative members , before whom protesting taxpayers may appear, said Board to submit to the Commissioners an assessment formula to be applied in assessing 1982 Jefferson County tax formula, within ninety (90) days from the date of formal re- organization of the Board. DATED this 7 day of January 1982 . ozr•d'e''' I RMA t)_32,147-..10 . COMMISSIONER ik '417 A OMMISSIONER ATTEST: 0 RK & RECORDER RESOLUTION NO. 3 r Motion was made by Glen A. Stevens , to adopt a fee schedule for dumping solid waste at the Boulder Landfill . Delbert M. Bullock, seconded the motion. Non-residents of the County of Jefferson may deliver refuse to the disposal site in the manner required by this resolution a refuse disposal site fee shall be collected at the refuse disposal site from said non-residents according to the following schedule : A. 2 ton - $ . 75 per load B. 1 ton - $1. 50 per load C. 2 ton - $2 . 25 per load D. 5 ton and up $4. 50 E. Trucks hauling railroad ties , tires or building materials from construction sites - $7 . 50 per load. F. All private contract garbage haulers - $4. 50 per load. Dated at Boulder, Montana on this 5th day of October, 1981. . / d s'I .% eslie Jr Sodor , O irman Board of County Commissioners ( l ��_ "- Comm' s�ioner 7 i1 �1.�-Yl . �'f ,, C 4'_'A'L--f7 C rnnissioner ATTEST :� A'1 `Ij�1- .--w f Jerk and Recorder i YC jj ff ALLEN LeMIEUX Phone 2254322 County Attorney Jefferson County BOULDER, MONTANA 7 59832 � 7, 1973 i Mayor of Boulder, Montana Mayor of Whitehall, Montana Re: Countywide refusal disposal district Gentlemen: I am enclosing with this letter to each of you a co±py of the resolution of intention to form a county-wide refusal disposal district which was passed by the Jefferson County Commissioners on March 7, 1973. With the passing of this resolution, the question of whether or not your city will become a member of the county-wide refuse disposal district must be decided by your city council. If you wish to become a member of this district, the city council shall by resolution concur in the resolution of the commissioners and . send a copy of this resolution of concurrence to the board of commmissioners. If your city does not wish to join in this district, the failure of ;.the city council to concur in the resolution of the commissioners means that the county commissioners will have no authority to include your city within the district, but that they may continue to develop the county-wide district with the exception of the territory included within the limits of your city. _. If by resolution you concur in the resolution of the county commissioners, the matter will be advertised for public hearing at which time citizens will have an opportunity to file written protests, etc. I would urge each of you to have this matter presented as soon as possible to the city council for their decision. Please let me know, one way or the other, as soon as possible. Sincerely yours, ALM/s en LeNii- " " Enc. BEFORE THE BOARD OF COUNTY COMMISSIONERS AND FOR JEFFERSON COUNTY, MONTANA RESOLUTIO. 0 ► 0 k • C t. .; ; IN b ISPOSJAL DISTRICT ENCOMPASSING ALL OF JEFFERSON @O-J,\!7Y. MONTANA IT APPEARING to the members of the Board of County Commissioner_ for Jefferson County, Montana, that it has now become necessary that a refusal disposal district be created for the purpose of collection and/or disposal of refuse, IT IS HEREBY RESOLVED that the undersigned board intends to create a refusal disposal district under the provisions of chapter 60 of Title 69, Revised Codes of Montana for 1947, as amended. 1-The proposed name of such district is JEFFERSON COUNTY REFUSE DISPOSAL DISTRICT. 2. The necessity for the proposed district is created by the large quantity of refuse which is presently being disposed of in violation of state refuse disposal and pollution standards, the increasing population in Jefferson County, Montana, the difficulty in obtaining refuse disposal areas which are acceptable under the provisions of state pollution control laws and regulations, and the need for the organized and efficient collection and disposal of refuse within Jefferson County, Montana, for the prevention of the spread of disease, air pollution and water pollution. 3. The boundaries of the Jefferson County Refuse Disposal District shall be the same as the statutory boundaries established for Jefferson County, Montana. The collection service to be pro- vided shall be the pickup of all refuse as defined in section 69-6002, RCM 1947, as amended, and its disposal under the provisions of applicable state laws and regulations. 4. The annual estimated cost of providing the refuse collection and disposal service within said district is $ J 7:,? foe . DATED this 7th day of Pktiltsr, 1973. JEFFE SON COUNTY BOARDOF COMMISSIONERS irman � U A EST: f/ C erk and Recorder r" 1 '' PROCEEDINGS COUNTY COMMISSIONERS JEFFERSON COUNTY STATE OF MONTANA,___ __ SPECIAL SESSION TEAM, 19 84 DATE Sept. 19 I .; SOLID WASTE BOARD. The Commissioners reviewed the names of 1:‘, Board. persons that have requested to be on the reorganized Solid Wasr Motion was made by Delbert M. Bullock to appoint the following: Dave Kirsch-Boulder, Fr iJ Jim Hanson-Whitehall, Don O'Neill-Basin, Carl Anderson-Montana City, efk Pierson-Jefferson City. °,' Delbert M. Bullock will represent the Commissioners on the Board. The term for the board members is Y, and Kathy Pierson-Jeffers i' 10-1-84 and expiring 9-30-86. Seconded by Douglas K. Schmitz, 3 ayes, motion carried. Notices will be sent to the new members that the Commisssioners wish to meet with them on Tuesday, I ! October 2nd at 4:30 PM. I GRAVEL. I The Commissioners discussed the Commissioners. At the gravel proposal that Washington Construction has discussed with the present time the Commissioners are not interested in the gravel. Motion was made by CLen A.Stevens to adjourn the meetung. Seconded b 'h motion carried. y Douglas K. Schmitz, 3 ayes, 1 ( Delbert M. Bullock, Chairman Board of County Commissioners 'I ATTEST: , L. • •rk and Rec•rder 1 M r r 1 1' 1 I,' l''' J. i' ■ f' [, II i 11 + I 1 P I 1 it 1 u S 1 I Ii 47`' PROCEEDINGS COUNTY COMMISSIONERS, JEFFERSON COUNTY STATE OF MONTANA, AUGUST MEETING TERM, 19 84 DATE Auausr 1,2,h SECOND DAY August 2, 1984 is Board of Counry Commissioners met pursuant to adjournment. Present were Delbert M. Bullock, Chairman, Glen A. Stevens and Douglas K. Schmitz, Commissioners and Dennis Burr, Administrative Assistant. I, SOLID WASTE. Board met with Frank Magee, Dave Kirsch, Mick McCauley and Clarence Makela, solid waste board members. Discussion of the committee being to large to get a quorum of members present. Discussion of the solid waste board duties. Discussion of two separate boards to meet in Boulder and Whitehall. Commissioner Schmitz stated that he would not be the commissioner's representative to the solid waste board anymore. Commissioner Bullock stated he would represent the Commissioner on the board. Administrative Assistant Dennis Burr informed the group that the Commissioners put Road Foreman Gene Madden in charge of the county landfill, solid waste equipment, truck driver, etc. with a $1,500.00 `: per year raise which will be paid by the solid waste fund. The trailer purchase the solid waste board had discussed was placed into the budget for $19,000.00. Discussion of a burn pit for the Boulder Landfill and possible truck replacement and trench digging. Discussion of painting the • solid waste containers. Discussion of re-organizing the solid waste board. COUNTY ATTORNEY. Board met with County Attorney John Connor regarding two bills from Mountain Bell regarding buried telephone cable. John Connor will discuss these bills with Gene Madden on the appropriate depth for the cables. ADMINISTRATIVE ASSISTANT CONTRACT.-6K.ad 1"7 Se.C.? '785-1&o Motion was made by Glen A. Stevens to renew Administrative Assistant Dennis Burr's contract from July 1, 1984 to June 30, 1985 with payment to be 520.00 per hour. Seconded by Delbert M. Bullock - 2 ayes, Delbert M. Bullock and Glen A. Stevens and 1 opposed Douglas K. Schmitz. PUBLIC DEFENDER CONTRACT. - Bk. 28 Misc., Page 787-791 1 Motion was made by Glen A. Stevens to renew the contract for Joseph Massman for $1,200.00 per month. The period of the contract is from 7-1-84 through 6-30-85. Seconded by Delbert M. Bullock - 3 ayes, motion carried. STREET CLOSURE FOR A STREET DANCE. I Motion was made by Douglas K. Schmitz to give authorization to close main street in Clancy on August 4th for a street dance. Also the Sheriff's Office should be notified. Seconded by Glen A. Stevens - 3 ayes, motion carried. CETA BOARD. Motion was made by Glen A. Stevens to authorize Administrative Assistant Dennis Burr to represent Jefferson County on the CETA Board. Seconded by Douglas K. Schmitz - 3 ayes, motion carried. PRIVATE INDUSTRY COUNCIL. Motion was made by Douglas K. Schmitz to nominate Bill Stevens of Boulder to the Private Industry Council. Seconded by Glen A. Stevens - 3 ayes, motion carried. ROAD EQUIPMENT. Board met with Jim Campbell of Roberts Rocky Mountain Equipment regarding equipment for the road equipment. SOLID WASTE BOARD. Motion was made by Glen A. Stevens to dissolve the Jefferson County Solid Waste Board. Seconded by Douglas K. Schmitz - 3 ayes, motion carried. Motion was made by Glen A. Stevens to appoint a 7 member solid waste board. Seconded by Douglas K. Schmitz - 3 ayes, motion carried. • JAIL PROJECT. 1 Board met with Tim McCauley, Jail Project Coordinator, Jerry Schutz, Architect„ John Connor, County 1 r Attorney and Tom Dawson, Sheriff regarding comparison of the existing jail site and the site adjacent to the courthouse annex. Discussion of property lines of the existing jail site and possible land acquisition. Discussion of preliminary costs of the site at the existing jail and comparing these i costs to the site adjacent to the courthouse annex. Tim McCauley recommended to the Commissioners to 1 get more information during the month of August on the existing jail site, then report back to the advisory committee near the end of August, then meet with the Commissioners during their September Meetings to discuss the advisory committee's decision of the site. PROCEEDINGS COUNTY COMMISSIONERS, JEFFERSON COUNTY J] STATE OF MONTANA, SPECIAL HEARING ON SOLID WASTE DISTRICT TERM, 1973 _DATE N°vember 19 BOARD met in .special session as . advertised. Present were Vincent M. Capp, Chairman, Joseph P. Sologub and James W. Sanddal, Commissioners. Session was called to order by Chairman, Vincent M. Capp. Present was Vic Anderson, State Department of Health, Cleve Johnson, Sanitarian for Jefferson and Broadwater Counties, and a good representation of citizens from through-out the County. Section 1- Sec.69-6004 RCM Montana regarding Solid Waste was read and explained to the assembly. Commissioners have until December 8, 1973 to accept written protests. The State Department of Health offered advice on the three (3) following plans. PLAN #1 Disposal Site at Boulder- with containers at Basin, Whitehall, Clancy, etc. PLAN #2 Pick-up Plan- Dumpsite at Boulder with seventy (70) 4 yard containers placed through out the County. PLAN #3 County Wide District- No pick-up features, two (2) sites- one at Whitehall and one at Boulder. Discussion followed on the above three (3) plans. COMMISSIONERS tabled any further decisions until after the 30 day protest period has passed. HEARING ADJOURNED. • 21:) /.74/ ✓���e Chairman ATTEST: 1 iI) (' LPet lCerk and Recorder NOTICE OF RESOLUTION OF // INTENTION TO CREATE REFUSE DISPOSAL • DISTRICT WHEREAS, the Board of County Commissioners of Jet- ferson County, Montana, has_ passed a resolution of intention to create a county-wide Refuse• Disposal District and WHERE- AS, the Incorporated town's of `Bahlder and Whitehall, in said county, acting through their respective Town Councils and 'Mayors,have passed and adopt- ed resolutions concurring with the action of the Board-of-1 County Commissioners in pass Mg the resolution of intention to create a county-wide Refuse Disposal District, and author- izing the said towns to become a part of said Refuse Disposal , District if it is created: NOW, THEREFORE, NO- TICE IS HEREBY GIVEN of the passage and adoption of a resolution of intention to create a Refuse Disposal District. which will encompass the entire area within Jefferson County, Montana; that the general characteristics of the collection system are as follows: to : immediately provide for a refuse disposal site for county- wide refuse accumulations and- to establish a County-wide re- fuse system. That the estimated costs of operating the collection and disposal system is$33,292.90 and that on Monday, the 19th day of November, 1973,at.the; hour of 8:00 o'clock,P.M.,in the courtroom of the courthouse in 'Boulder, Montana, the Jeffer- son County Board of County, Commissioners will hear and pass upon protests made ag- ainst the proposed district.The boundaries of the proposed district are described in the resolution on file in the County Clerk's office. Dated this 6th day of Novem- ber, 1973. Jefferson County Board of i Commissioners i' BY: Vincent Capp, Chairman ATTEST:Joanne P.McFarlane 1 8 PROCEEDINGS COUNTY COMMISSIONERS, JEFFERSON COUNTY STATE Of MONTANA, January_Meeting TERM, 1974 DATF January 7,8 &9 E17102—TRICVNE PRINTING C SUPPLY CO.,GREAT TALLY,MONTANA *Spa T SECOND DAY (Continued) January 8, 197 LIBRARY COMMITTEE APPOINTED: The following persons were appointed to serve on the committee. Paige Knight was appointed to serve as temporar chairman. Mrs Andrea Hartman, Whitehall-3yrs. Jan.8,1974 - Dec.31,19 6 , Mr.A1 Graesser, Whitehall-2yrs. Jan.8, 1974-Dec. 31, 1975 Mrs Dorothy Crumb, Basin-lyr. Jan.8,1974 - Dec.31, 1974 1 Mr. D4aals A. King, Clancy-3yrs. Jan.8,1974 - Dec.31,19761 Mrs Paige Knight, Boulder-2yrs. Jan. 8,1974 - Dec.31,1975 Rev. Robert Grilley,Boulder-lyr. Jan.8, 1974 - Dec.31,1974 SOLID WASTE DISPOSAL: I Since protests against the Solid Waste Disposal District was far less than the required amount of 51% neccessary, the following resolution was hereby made: RESOLUTION CREATING REFUSE DISPOSAL DISTRICT I WHEREAS all requirements preliminary to the establishment of a Refuse Disposal District have been satisfied, and all protests thereto have been found to be insufficient; BE IT RESOLVED that a Refuse Disposal District encompassing all of Jefferson County, li Montana, is hereby created for the purpose of the disposal of refuse within said I• Jefferson County. Reference is made to the Resolution of intention to create Refuse , Disposal District adopted by the Jefferson County Board of Commissioners on August 7, 1973. ' DATED this 8th day of January, 1974 Eili of County Commissioners, Jefferson County,Montaa �i ; 7 ^ Chairman (Bo, �.�.2 ��',cs[ cc-``--. Commissioner i �[,,�-�, �,� y%,-. z., . ---- Commissioner I. ! 1 , II 1 A,TTE ST: , 447__ �� 1c 4_�a r eCelerk and Recorder li ' BOARD met with William Wall in regards to his new sub-division. BALANCE of the day was spent with visitors. BOARD ADJOURNED: There being no further business, board adjourned. 1' THIRD DAY January 9, 1974 BOARD met pursuant to adjournment, all members being present. II I BOARD reviewed a proposed contract for mosquito control. Board reserved contract for further study. . it PLAT APPROVED: The plat of Sunny Slope Sub-division (L.T. Robbins) was approved by the Board. VISITORS: The balance of the day was spent with visitors. BOARD ADJOURNED: There being no further busine s board adjourned. 1 i / L -,_4�G71,l ./ Chairman Board of County Commoners 4 Jefferson County, Montana 1 ATTEST:(\ (,)>7 7 ( .., .,.0 I -County Clerk and Recorder i r ".0 P •' 1 RESOLUTION NO.J WHEREAS, in order to comply with the State requirements regarding the disposal of solid waste it has been necessary that Jefferson County include an assessment to finance the same on 1981 taxes, and WHEREAS, adjustments governing apparent inequities existing in the 1981 tax assessments will be made on an individual basis when requested, and WHEREAS , because the Jefferson County Commissioners had no standards on criteria available to establish assessments that generated such inequities, NOW THEREFOR BE IT RESOLVED that a Jefferson County Solid Waste Board be reorganized to include members from the cities of Boulder and Whitehall , composed of " • representative members , before whom protesting taxpayers may appear, said Board to submit to the Commissioners an assessment formula to be applied in assessing 1982 Jefferson County tax formula, within ninety (90) days from the date of formal re- organization of the Board. DATED this 1c'-A""day of January 1982 . ( mac _ + • 4L- MM1SSIONER !/ ?, ------ _: ° •r 7 _ON R ,ATTEST: C '' i & RECORDER I S!, .) 017Z247 2 • „ • v : . . . • . . ••• • • • .e-5" • /7-13-7 ovwpe vr?r-A?• RESOLUTION NO. 10 - 96 A RESOLUTION PROVIDING FOR REORGANIZATION OF THE JEFFERSON COUNTY SOLID WASTE BOARD WHEREAS, the passage of Senate Bill No. 377 in the 1995 Session of the Montana Legislature requires the Board of County Commissioners to reorganize administrative boards, districts and commissions pursuant to §7-1-201, MCA; WHEREAS, on January 8th, 1973, the Jefferson County Board of County Commissioners created by resolution, a solid waste refuse district encompassing all of Jefferson County and subsequently in Resolution 2-82 dated January 6, 1982 and Resolution 9-82 dated March 24, 1982 organized a board to manage the solid waste district and; WHEREAS, the Board of County Commissioners has determined it is appropriate and desirable to provide the Solid Waste Board with clarification as to the organization, membership, terms, authority, rules and responsibilities of the Solid Waste Board, setting forth the same pursuant to §7-1-201, and §7-13-214, MCA. NOW, THEREFORE, BE IT RESOLVED as follows: 1) That the Solid Waste Board shall consist of seven (7) members; one (1) County Commissioner; one (1) member from each incorporated city (Whitehall and Boulder); one (1 ) member from the County Health Board; and three (3) members to be selected from throughout the County to reflect as equal a representation as possible. 2) The terms of Solid Waste Board members shall commence on the 1st day of February. The members shall serve staggered three (3) year terms on the Board so that no more than two (2) terms expire in any given year, except that the County Commissioner's term shall be at the discretion of the Board of County Commissioners. Pursuant to this resolution, members appointed in February, 1996 will be appointed for one, two or three years of service in order to establish this staggered pattern. 3) Pursuant to 7--201 (7), MCA, all citizen appointees on the Solid Waste Board shall serve at the discretion of the County Commissioners and may be removed by a majority vote of the County Coinmis:,ionerc. 4) The Solid Waste Board shall set a regularly scheduled monthly meeting day and time and shall meet not less than six times per year. If there is no business to come before the Board, the Chair may cancel the regularly scheduled meeting at his or her discretion with at least forty-eight (48) hours public notice, if possible. Similarly, special meetings may be scheduled with at least (48) hours public notice. 5) Board members shall be entitled to mileage and expenses in accordance with established state rates for attendance at Board meetings and conducting official Board business. 6) Pursuant to §7-13-215, MCA, the Solid Waste Board of Directors shall exercise powers and duties as set forth in §75-10-112, MCA, provided, however, that fees and charges must be implemented according to §7-13-231 , MCA, and §7-13-232, MCA. Board 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 Solid Waste District; b) the acquisition by lease, purchase, or otherwise, and the disposition by lease, purchase or otherwise, of real property by the Solid Waste District, 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. 7) The Solid Waste Board shail elect officers and may adopt by-laws as long as they do not conflict with county policies and procedures. 8) The County Commission, or its agent(s) shall conduct all union negotiations on behalf of the County. 9) The Solid Waste Board may, upon approval of the County Commission, employ a secretary to the board, a manager and such other employees or contract for such other services as required for the discharge of the duties and responsibilities listed above or specified in Montana State Statute. The Solid Waste Board shall be responsible for the supervision of its staff and, at its discretion, may designate certain of its staff to supervise others on the staff. The County Commissioners reserve authority to hear appeals and/or overturn any decisions. 10) Solid Waste Board employees shall be subject to all personnel policies as adopted by the County Commission. Additional policies may be adopted by the Solid Waste Board specific to its operation, provided they do not conflict with those in effect for the entire County. 11 ) The Solid Waste Board shall prepare and administer a budget for the Solid Waste District but no budget shall be considered final unless it has been adopted by the Board of Commissioners after public hearing and budget adoption pursuant to Title 7, part 6, §2301 , et seq. 12) The Solid Waste Board 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 has been 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. 13) All purchases of equipment or services or sales of equipment or services by the Jefferson County Solid Waste District in excess of *100.00 shall be by competitive bid. February DATED this 1 - day of J y, 1996. ATTEST: C x«ttissioner Wortman was absent LEONARD WORTMAN, Chair CLERK AND RECORDER %/ OL NNA OBIE, Commissioner / i J W11,1 - --- CHUCK NOTBOHM, Commissioner AMENDED RESOLUTION NO. - 10 - 96 A RESOLUTION PROVIDING FOR REORGANIZATION OF THE JEFFERSON COUNTY SOLID WASTE BOARD WHEREAS, the passage of Senate Bill No. 377 in the 1995 Session of the Montana Legislature requires the Board of County Commissioners to reorganize administrative boards, districts and commissions pursuant to §7-1-201 , MCA; WHEREAS, on January 8th, 1973, the Jefferson County Board of County Commissioners created by resolution, a solid waste refuse district encompassing all of Jefferson County and subsequently in Resolution 2-82 dated January 6, 1982 and Resolution 9-82 dated March 24, 1982 organized a board to manage the solid waste district and; WHEREAS, the Board of County Commissioners has determined it is appropriate and desirable to provide the Solid Waste Board with clarification as to the organization, membership, terms, authority, rules and responsibilities of the Solid Waste Board, setting forth the same pursuant to §7-1-201 , and §7-13-214, MCA. NOW, THEREFORE, BE IT RESOLVED as follows: 1 ) That the Solid Waste Board shall consist of seven (7) members; one (1) County Commissioner; one (1) member from each incorporated city (Whitehall and Boulder); and four (4) members to be selected from throughout the County to reflect as equal a representation as possible. 2) The terms of Solid Waste Board members shall commence on the 1st day of February. The members shall serve staggered three (3) year terms on the Board so that no more than two (2) terms expire in any given year, except that the County Commissioner's term shall be at the discretion of the Board of County Commissioners. Pursuant to this resolution, members appointed in February, 1996 will be appointed for one, two or three years of service in order to establish this staggered pattern. 3) Pursuant to 7--201 (7), MCA, all citizen appointees on the Solid Waste Board shall serve at the discretion of the County Commissioners and may be removed by a majority vote of the County Commissioners. 4) The Solid Waste Board shall set a regularly scheduled monthly meeting day and time and shall meet not less than six times per year. If there is no business to come before the Board, the Chair may cancel the regularly scheduled meeting at his or her discretion with at least forty-eight (48) hours public notice, if possible. Similarly, special meetings may be scheduled with at least (48) hours public notice. 5) Board members shall be entitled to mileage and expenses in accordance with established state rates for attendance at Board meetings and conducting official Board business. 6) Pursuant to §7-13-215, MCA, the Solid Waste Board of Directors shall exercise powers and duties as set forth in §75-10-112, MCA, provided, however, that fees and charges must be implemented according to §7-13-231 , MCA, and §7-13-232, MCA. Board 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 Solid Waste District; b) the acquisition by lease, purchase, or otherwise, and the disposition by lease, purchase or otherwise, of real property by the Solid Waste District, 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. 7) The Solid Waste Board shall elect officers and may adopt by-laws as long as they do not conflict with county policies and procedures. 8) The County Commission, or its agent(s) shall conduct all union negotiations on behalf of the County. 9) The Solid Waste Board may, upon approval of the County Commission, employ a secretary to the board, a manager and such other employees or contract for such other services as required for the discharge of the duties and responsibilities listed above or specified in Montana State Statute. The Solid Waste Board shall be responsible for the supervision of its staff and, at its discretion, may designate certain of its staff to supervise others on the staff. The County Commissioners reserve authority to hear appeals and/or overturn any decisions. 10) Solid Waste Board employees shall be subject to all personnel policies as adopted by the County Commission. Additional policies may be adopted by the Solid Waste Board specific to its operation, provided they do not conflict with those in effect for the entire County. 11 ) The Solid Waste Board shall prepare and administer a budget for the Solid Waste District but no budget shall be considered final unless it has been adopted by the Board of Commissioners after public hearing and budget adoption pursuant to Title 7, part 6, §2301 , et seq. 12) The Solid Waste Board 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 has been 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. 13) All purchases of equipment or services or sales of equipment or services by the Jefferson County Solid Waste District in excess of $100.00 shall be by competitive bid. DATED this 5th day of December, 1996. ATTEST: LEONARD WORTMAN, Chair CLERK AND AECORDfR r ■ _ 0.- ' A OBI Co missioner 7-,.//7' 4 CHUCK NOTBOHM, Commissioner A RESOLUTION 26-2006 A RESOLUTION AMENDING RESOLUTION 10-1996 A RESOLUTION PROVIDING FOR REORGANIZATION OF THE JEFFERSON COUNTY SOLID WASTE BOARD WHEREAS, the Board of County Commissioners may reorganize administrative boards, districts and commissions pursuant to §7-1-201,MCA; and WHEREAS, on January 8th, 1973,the Jefferson County Board of County Commissioners created by resolution, a solid waste refuse district encompassing all of Jefferson County and subsequently in Resolution 2-82 dated January 6, 1982,Resolution 9-82 dated March 24, 1982 and Resolution 10-96 dated January 1996, organized a board to manage the solid waste district; and WHEREAS,the Board of County Commissioners has determined it is appropriate and desirable to provide the Solid Waste Board with clarification as the organization,membership, terms, authority,rules and responsibilities of the Solid Waste Board, setting forth the same pursuant to §7-1-201, and §7-13-214,MCA. NOW, THEREFORE,BE IT RESOLVED as follows: 1) That the Solid Waste Board shall now consist of six (6) members,one(1) County Commissioner; one (1)member from each incorporated city(Whitehall and Boulder); and three (3)members to be selected from throughout the County to reflect as equal a representation as possible. 2) The terms of Solid Waste Board members shall commence on the 1s`day of February. The members shall serve staggered three (3) year terms on the Board so that no more than two (2) terms expire in any given year, except that the County Commissioner's term shall be at the discretion of the Board of County Commissioners. 3) Pursuant to §7-1-201 (7),MCA, all citizen appointees on the Solid Waste Board shall serve at the discretion of the County Commissioners and may be removed by a majority vote of the County Commissioners. 4) The Solid Waste Board shall set a regularly scheduled monthly meeting day and time and Resolution 26-2006 A Resolution Amending Resolution 10-1996.wpd 1 shall meet not less than six times per year. If there is no business to come before the Board,the Chair may cancel the regularly scheduled meeting at his or her discretion with at least forty-eight (48)hours public notice. Similarly, special meetings may be scheduled per County policy. 5) Board members shall be entitled to mileage and expenses in accordance with established state rates for attendance at Board meetings and conducting official Board business. 6) Pursuant to §7-13-215, MCA,the Solid Waste Board of Directors shall exercise powers and duties as set forth in §75-10-112,MCA,provided, however, that fees and charges must be implemented according to §7-13-231, MCA, and §7-13-232, MCA. Board 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 Solid Waste District; b) The acquisition by lease,purchase, or otherwise, and the disposition by lease, purchase or otherwise, of real property by the Solid Waste District, 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. 7) The Solid Waste Board shall elect officers and may adopt by-laws as long as they do not conflict with county policies and procedures. 8) The County Commission, or its agent(s)shall conduct all union negotiations on behalf of the County. 9) The Solid Waste Board may, upon approval of the County Commission, employ a secretary to the board, a manager and such other employees or contract for such other services as required for the discharge of the duties and responsibilities listed above or specified in Montana State Statute. The Solid Waste Board shall be responsible for the supervision of its staff and, at its discretion, may designate certain of its staff to supervise others on the staff. The County Commissioners reserve authority to hear appeals and/or overturn any decisions. 10) Solid Waste Board employees shall be subject to all personnel policies as adopted by the County Commission. Additional policies may be adopted by the Solid Waste Board specific to its operation,provided they do not conflict with those in effect for the entire County. Resolution 26-2006 A Resolution Amending Resolution 10-1996.wpd 2 f, • 11) The Solid Waste Board shall prepare and administer a budget for the Solid Waste District by no budget shall be considered final unless it has been adopted by the Board of Commissioners after public hearing and budget adoption. 12) The Solid Waste Board 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 has been posted at each designated public posting place within the County. Minutes of each meeting shall be filed with the Clerk and Recorder. 13) All purchases of equipment or services or sale of equipment or services by the Jefferson County Solid Waste District in excess of$50,000.00 shall be by competitive bid. DATED this 12th day of September, 2006. ATTEST: -'��� c 6 r BONNIE RAMEY r) TOMAS E. LYTHGOE, C 71 R CLERK AND RECORDER '-' 'pi/ / 1 .1., .7,, de a' 1 170-79t-atti C UCK NOTBOHM, COMMISSIONER KEN WEBER, COMMISSIONER Resolution 26-2006 A Resolution Amending Resolution l0-1996.wpd 3 , 9,-(5 y2 C 04. ' b 1-V-\- -'0 BY-LAWS OF THE JEFFERSON COUNTY SOLID WASTE BOARD lAs amended November 11, 1992] {Meeting Policies adopted January 12, 1995} [As amended May 12, 1995] lAs amended February 15,2007j Drafted amendments in italic 1. Purpose: 1.1 It is the purpose of the Jefferson County Solid Waste Board(Board)to provide for the health,safety and welfare of the residents of Jefferson County by and through the timely and reasonable execution of the duties and responsibilities mandated by Montana law. 1.2 The Board shall also advocate the health,safety and welfare of residents,and the ecology of Jefferson County in matters relating to tie generation, processing, reclamation, storage and disposal of wastes in, or transported through Jefferson County. 2. Appointment of Members:, 2.1 The Board shall consist of six (6) members; one (1) County Commissioner;one(1) member from each incorporated city (Whitehall and Boulder); one member from the County Health Board;and three(3)members to be selected from throughout the County to reflect as equal a representation as possible. 2.2 Members shall be appointed upon approval of a majority of the County Commissioners. Pusuant to 7-201(7), MCA, all citizens appointees n the Solid Waste Board shall serve at the discretion of the County Commissioners and may be removed by a majority vote of the County Commissioners. 2.3 The terms of Solid Waste 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 two(2)terms expire in any given year,except that the County Commissioner's term shall be at the discretion of the Board of County Commissioners.At the end of a term a Board member may be reappointed.A new member shall first complete the unexpired term of any member who had resigned or was removed before completing his or her term. 2.4 The membership of the Board may only be increased or decreased by one(1)member upon a 2/3 vote of both the Jefferson County Commission and a 2/3 vote of the Jefferson 1 County Solid Waste Board in concurrent and regularly scheduled meetings of each entity. *** (The Board was expanded from six to seven members November 12, 1992.)*** 2.5 Members may cote to recommend to the Commissioners to remove a member from the Board for cause. Failure of any member to attend three (3) successive, regularly scheduled meetings without good reason shall be prima facia grounds for removal from the Board. 3, Election and Duties of Officers: 3.1 The Board shall elect officers by a majority vote of those members present at the first regularly scheduled meeting of each calendar year(January). 3.2 Officers shall consist of a chairman and a vice-chairman who shall act in the absence of the chairman. Officers may serve any number of successive terms. A County Commissioner member may not serve as chairman or vice-chairman. 3.3 Either officer may relinquish his or her position in a writing submitted to the Board. The Board shall subsequently hold a special election to fill such vacancy until the next regularly held election. 3.4 The chairman of the Board shall be its spokesperson. All communications shall bear the signature of the chairman unless otherwise delegated by the chairman to another member or by motion of the Board. 3.5 The chairman shall preside over all hearings,protests or other contested matters unless such duties are otherwise delegated by the chairman or by motion of the Board. 3.6 The chairman shall upon any Board motion. *** (Amended May 12, 1995) 3.7 Board members shall be entitled to mileage and expenses in accordance with established state rates for attendance at Board meetings and conduction of official Board business. 4. Meetings - Quorum_ 4.1 The Solid Waste Board shall set a regularly scheduled monthly meeting day and time and shall meet not less than six(6) times per year. If there is no business to come before the Board,the Chair may cancel the regularly scheduled meeting at this or her discretion with at least forty-eight(48)hours public notice. 4.2 Unless otherwise noticed at a previous, regularly scheduled meeting, the Board will meet on thefourth(4) Thursday of each month is its own offices or those of the Jefferson 2 County Commission, Boulder, Montana. *** (Amended from the second to the third Thursday on May 12, 1995) *** (Amended from the third to the fourth Thursday on February 15,2007) 4.3 Four(4) members shall constitute a quorum. 4.4 Public Meeting Policies: ** (adopted by Board resolution January 12, 1995) ** 4.4A Comments of the public will only be accepted at the portion of the meeting designated for such comments,or upon deliberation of any item for which an individual or group has specific business as identified by the agenda for that meeting. However, the Board may later recognize any individual or group after a majority of its members in attendance approve a formal motion to recognize such individual or group. 4.4B A review of the agenda of each meeting of the Board shall be conducted before it deliberates upon any substantive issues.The written agenda or proposed amendments thereto will be approved by consensus of the Board members in attendance.Proposed amendments shall be reasonably related in subject to the written agenda.No final action shall be taken on any issue affecting a larger population than those present at the meeting. 4.4C The Board may at any time solicit members of the public present at any Meeting to state their business with the Board so that the Board may consider rescheduling that business item for the convenience of the individual or group. 5. Official Actions by Resolution: Board action may only be taken or ratified upon the passage of a relevant motion at any regular or special Board meeting. 6. Maintenance of Records: 6.1 The Board shall maintain written minutes of its meetings and a record of all resolutions, statements and all other official actions. 6.2 Board records shall be maintained at its offices or the offices of the Jefferson County Commission, Boulder, Montana. Such records shall be made available for public inspection. 3 • 7. Public Input: 7.1 The Board shall make reasonable efforts to obtain the input of the public through contacts with: individual constituents;other state or local officials and; members of the Montana Legislature. 7.2 The Board in its sole discretion, shall make public announcements, issue news releases,engage in public debate. 7.3 Six(6)months prior to each regular session of the Montana Legislature,the Board shall notice and hold a special meeting. The general public,the commercial enterprises the Board serves and any other interested groups or organizations,shall be asked to communicate their concerns and offer their input as to what might be reasonably addressed by the Board in that legislative session. 8. Amendment of the Bylaws: These by-laws may be amended by a 3/4 vote of all sitting Board members at any regular or special meeting. The chairman shall be empowered to vote on any motion concerning amendment to the by-laws. Dated this-2,-2 day of March,2007. • 1 wayn Kf ut n, Jeffers n Cou Solid Waste Board Chairman a_ /.�►/1 tl�� 1. A test; Heather Po Irs Jefferson County S id Waste Board Secretary Commission Approval Ken Weber Tom Lythgoe Chuck Notbohm 4 RESOLUTION 18-2010 RESOLUTION TO DISSOLVE THE JEFFERSON COUNTY SOLID WASTE BOARD WHEREAS,on January 8, 1974,the Jefferson County Board of County Commissioners created by resolution a solid waste refuse district encompassing all of Jefferson County; and subsequently, in Resolution 2-82 dated January 6, 1982, Resolution 9-82 dated March 24, 1982, and Resolution 10-96 dated January 1996, organized a solid waste board to manage the solid waste district; and, subsequently, in Jefferson County Resolution 26-2006 dated September 12, 2006, amended Resolution 10-96; and WHEREAS, sections §7-13-201, MCA, et seq, Solid Waste Management District,was repealed by Sec. 39, Ch, 286, L. 2009; and WHEREAS, the management of solid waste remains the primary responsibility of local government,and that the State, through the Department of Environmental Quality, as provided for in §2-15-3501, MCA, is empowered with those functions necessary to ensure effective solid waste management systems throughout the state,as set forth in §75-10-101,MCA,et seq; and WHEREAS, vacancies on the solid waste board currently exist and public notice and advertisement for applicants to fill those vacancies has been done through newspaper publication pursuant to 7-1-2121, MCA, on June 6, 2010 and June 23, 2010; and where there have been no applicants for those vacancies; and WHEREAS, given these considerations the Jefferson County Commission has determined that it is in the best interest of the people of Jefferson County that the Solid Waste District continue in existence and that the Solid Waste Board be abolished and that its duties be assumed by the Jefferson County Commission pursuant to 7-1-203 (1), MCA; NOW,THEREFORE,BE IS RESOLVED,that pursuant to the authorities set forth above and §7-1-201, MCA, et seq, §75-10-101, MCA, et seq, the Jefferson County Commission hereby revokes Resolution 2-82 dated January 6, 1982, Resolution 9-82 dated March 24, 1982, and Resolution 10-96 dated January 1996; and Jefferson County Resolution 26-2006 dated September 12, 2006, which amended Resolution 10-96, and insofar as they pertain to the Jefferson County Solid Waste Board, it hereby dissolves the Jefferson County Solid Waste Board,but not the Jefferson County Solid Waste District, and hereby assumes all of the duties and responsibilities of the Jefferson County Solid Waste Board. DATED this 27`"day of July, 2010. ATTEST: BONNIE RAMEY TOMAS E. LYTHGOE, CH R CLERK AND RECORDER d,4,4-re n1-4 C-/../ DAVE RSCH, COMMISSIONER ,--.64114J 11/ LEONARD WORT AN,COMMISSIONER �1��t�Qt