15A. Art Vender, NC 9, 1606 8th Avenue South, requested that, upon final adoption of Ordinance 3002, CVS donate the land needed to provide a left turn lane from 20th Street onto 10th Avenue South. Mr. Vender explained that 20th Street is very heavily used due to the high school traffic. NC 9 feels this should have been done when Walgreens was built. He requested that this be done when 10th Avenue South is widened so people are able to make a left turn safely off 20th Street onto 10th Avenue South. Mr. Vender further requested that the Commission help persuade the State of Montana to install left turn arrows on 10th Avenue South at the time of reconstruction.

15B. Richard Liebert, 289 Boston Coulee Road, commented that it is Sunshine Week in the United States. He commended the appointment of Commissioners Bronson and Jolley and stated they bring great talent and experience to the Commission. He was glad they were part of the process for selecting a new City Manager. Mr. Liebert also commended the City for sponsoring the Gracious Space civil discourse session. He thought that might be a stepping stone to go toward a vision process. Mr. Liebert stated that at the January 7, 2008, ECP Board meeting, he inquired why there still wasn’t a developmental agreement. In March, 2007, he asked the ECP Board if they had a development agreement and was informed no, not at the time, that it was still in draft form. In August, 2007, Mr. Liebert stated that he talked with Mr. Lawton and was told there still was no agreement because they were waiting on financing. Mr. Liebert read a response that he received from Mr. Pancich regarding a development agreement. When he attended the ECP Board meeting this month, Mr. Liebert stated that he was told the Assignment and Assumption Contract would serve the purpose of articulating the development agreement. He read an email he sent to Ms. Patton and her response that referred him to the Wholesale Power Contract between the City and SME. Mr. Liebert stated that agreement is a contract between the City’s exchange of electricity, and it has nothing to do with building the Highwood Station, the development, the obligations, the money or the loans involved in getting HGS built. Mr. Liebert stated that it is imperative that the City get a contract or agreement similar to what the other coops of SME have. In the interest of the Sunshine Laws, Mr. Liebert asked for the Mayor’s help in instructing staff to locate a pending development agreement for him to see and requested a response.

15C. John Hubbard, 615 7th Avenue South, read highlights of news articles. Mr. Hubbard stated he previously read the Supreme Court decision to the City and County Commissions that ordered the EPA to quit building coal fired plants because it is against the Clean Air Act. Mr. Hubbard stated $1.5 million dollars has been wasted, and suggested building dams or windmills instead. Mr. Hubbard stated that the City keeps hiring cops, but believes there is no justice because they write tickets for cracked windshields, but they won’t stop over taxation.

15D. Ron Gessaman, 1006 36th Avenue N.E., commented that he has sat in these chambers and listened numerous times to the continued cries for construction jobs. Mr. Gessaman read a March 12th article in the Tribune regarding the Hilton Inn. He stated the article read that wind, weather and a tight labor supply have set back construction, and that skilled labor is in short supply in Great Falls. Mr. Gessaman inquired if Great Falls has a shortage of construction labor in this town, why is the Commission continually saying we need more construction jobs. Mr. Gessaman referred to an April 1, 2007, article regarding Alstom and carbon capturing. He also referred to a February 27, 2008, article that read the same pilot plant will be starting up next week. Alstom said carbon capture should be available by 2019. Mr. Gessaman stated that, if SME is planning on carbon capture with this process at HGS, they are not going to do it very quickly. Mr. Gessaman also said this is Sunshine Week to honor the public’s right to get information from all government entities. He stated that he recently attended the hearing in the courthouse where a challenge was made by the City. He didn’t think what the City had to say fits in very well with Sunshine Week.

15E. Charles Bocock, 51 Prospect Drive, inquired about Item 7 that was pulled from the Consent Agenda and wanted to know how much the total amount was, as well as SME’s portion of the bill, and what it was paid for. Mayor Stebbins stated that the report states it was a payment for energy supply expenses. Mr. Bocock requested an explanation. Coleen Balzarini responded that the bill to SME is for the cost of energy that is provided through the PPL contract for Electric City Power customers, as well as the transmission charges that provide payment to NorthWestern Energy for the distribution lines. The fees are all paid to Southern Montana, and in turn, Southern Montana pays NorthWestern Energy and PPL. Mr. Bocock requested that, in the future, itemized bills to SME on the Consent Agenda for whatever purpose be put out to the public to be aware of.

15F. Roger Norgaard, 221 Glenwood Court, read part of an article that stated the estimated cost of the power plant has risen from its original projected cost of $465 million to nearly $800 million and that figure does not include any cost that may be associated with the carbon sequestration which may be required by the time construction begins. Mr. Norgaard discussed the environmental groups that have filed legal actions against SME and the RUS to prevent construction of coal plants, and have successfully prevented RUS from loaning money to coops for the purpose of constructing coal fired plants. He stated that the SME Board is seeking financing from private lenders but the financial risks and liabilities with these types of loans are unknown at this time. Mr. Norgaard asked the Commission if any one of them knew who wrote the article. He stated that it was written by Yellowstone Valley Electric Cooperative’s General Manager and that they own 40% of the project. He concluded by saying “you can see from the article that he has some real concerns, as do we.”

15G. Aart Dolman, 3016 Central Avenue, pointed out that he attended the March 3, 2008, ECP meeting and discovered that there were three agreements that he did not know about before. Mr. Dolman submitted a written letter requesting that all contracts, agreements, correspondence and emails between SME and the City of Great Falls be made available for the public to read. He specifically referred to commitments by the City of Great Falls and the SME relationship which former City Manager Mr. Lawton referred to in his February 27, 2008, memo that states there is a new scenario in which Great Falls would not have a separate ownership interest in the project but would have the same interest as the five coop members. Mr. Dolman stated that since the physical properties held by SME cannot cover the required investment for this project, it is obvious to him that this is a liability issue. Mr. Dolman continued reading his letter. He also referred to and read a portion of an article from the Missoula Independent. He quoted the author of the article, Mr. Ochenski, saying “The phrase ‘government out of control’ would be fully applicable to the actions of city officials in their far-too-cozy relationship with the plant developers.” He stated that when he travels out of Great Falls people negatively inquire what the folks in Great Falls are doing with this kind of a project.

15H. Stuart Lewin, 615 3rd Avenue North, commented that he was in Fort Benton today and several people asked how things were coming with the coal plant and hoped the matter had been finally settled and would not be built. Mr. Lewin stated that he can’t understand how this Commission is not actively involved in getting the City out of this mess. Mr. Lewin stated the loss of water rights is a bigger issue. Mr. Lewin said the City’s historic water rights have been reduced 50% over this past year. Mr. Lewin stated that, as far as he knows, there was not an open discussion amongst the people about this. He stated that he has heard by many that they don’t understand the complex water rights. Mr. Lewin stated if it is too complex to understand, the Commission needs to hire water rights attorneys to represent and protect the City’s interest. Mr. Lewin stated that August 2 or 3 is the key date to appeal the application that amended the water rights. He asked the Commission to reconsider and find out the mistakes they made. Mr. Lewin stated that he believed the Commission has given away their future. He stated that he had seen correspondence from the Helena advisors that were hired that indicated to him they had a conflict of interest. Mr. Lewin stated that if this goes through, the PPL rights that were not superior to the City’s rights will become superior, and will substantially limit the water use out of the river. Mr. Lewin suggested having a work session to find out what the Commission did, what it could do better, and to get some real lawyers that understand water rights to represent this City.