Wellness District petition fails

Hearing adjourned after Big Sky misses 51% majority required; 219 of 242 signatures did not count

By Jen Clancey and Jack Reaney EBS STAFF

An overflowing crowd attended a hearing conducted by the Madison County Commissioners on Jan. 18 to determine whether a recent Big Sky petition was sufficient for withdrawal from the Madison Valley Hospital District.

The Virginia City hearing was over before it started; lacking the statutory requirement that 51% of qualified residents in the Madison County portion of Big Sky sign the petition, Commissioner Dan Allhands moved to adjourn after 12 minutes.

Madison County Attorney David Buchler suggested that the 10 a.m. meeting begin with a count of signatures. “Because if there is not that 51% number met, then there is no petition before the commissioners… From our position, that’s the threshold,” Buchler said.  

Paula McKenzie, clerk and recorder, and election administrator, announced the results: 

“There were 48 qualifying names,” McKenzie said, loud and clear so the crowd displaced outside the main boardroom could hear.

After her office received the petition on Dec. 20, discussion with the county attorney’s office “to determine the method to qualify the signatures” resulted in a total count of 48 qualifying names, McKenzie explained. Of those, 23 verified signatures brought the petition to 48%. 

Two more qualified and verified signatures were needed to break 51%—and for the hearing to take place. 

“So therefore we cannot legally hold this hearing,” Allhands concluded at 10:05 a.m., and after seven minutes of informal public comment, he moved to adjourn. 

A partner coalition consisting of Wellness in Action, Big Sky Owners Association, Big Sky Fire Department, Big Sky Resort Area District, Big Sky Community Food Bank and Resource Center and local health care providers have worked on withdrawal and formation processes since last year. After potential withdrawal from the Madison Valley Hospital District, Big Sky would form its own wellness district and redirect existing tax dollars toward the Big Sky service area, meeting the needs of the community. 

In a follow-up email to EBS, Buchler clarified the status of the petition moving forward: “At this point, there is no petition relating to the Madison Valley Hospital District for [the] Board to consider.” 

Asked about the next steps for Big Sky’s wellness district coalition should they wish to pursue the efforts further, Buchler wrote, “the Petitioners will need to comply with the relevant statutes relating to efforts to withdraw from a hospital district.” 

Buchler could not comment on the timeline for another attempt. However, Montana Code Annotated states that “No petition for withdrawal shall be entertained or acted upon by the board unless the same is filed before Dec. 31 of the preceding year.”

Daniel Bierschwale and Sarah Blechta—executive director and board chair, respectively, of the Big Sky Resort Area District which outlined a process for how the community could pursue changes to the hospital district among other potential actions in its Big Sky Roadmap—wrote comments to EBS after the hearing.

“We look forward to continuing the process and supplementing the signature count to meet the threshold, as necessary,” they wrote in response to the question of whether this permanently ends the effort toward the wellness district. 

“The coalition believes the statute is clear and allows for this withdrawal, we are presently focused on completing the petition under the current legal framework,” they wrote. 

Who was qualified to sign? 

Although the Madison County Clerk and Recorder’s office received a total of 242 signatures, less than 10% counted. 

McKenzie said the office cross-referenced with the Montana State Library (cadastral), removed any signee who was not a resident of Montana, removed any signee who did not have buildings on their property as a sign of occupancy, and removed any trusts or LLCs not registered within the boundary of concern. “Most of the LLCs are not, unfortunately,” McKenzie clarified. 

Although a period for public comment never began, attendees began asking questions to the panel. 

“I just want to clarify that I’m understanding: taxpayers in Big Sky have been disqualified from this petition because they aren’t registered LLCs in Montana,” asked Big Sky resident Kris Corzine. McKenzie confirmed.

She later clarified the requirements: “To qualify, you have to be a taxpayer residing in, and owning property within the area desired to be withdrawn,” McKenzie said. 

Commissioner Bill Todd, who represents Madison County’s District 3 including Big Sky, chose not to respond to follow-up questions from EBS. 

Commenting from BSRAD, Bierschwale and Blechta wrote that Madison County did not provide any notice before the hearing that 48 was the eligible number of signees, or any pre-hearing count of those 23 eligible who had signed.

“The coalition looks forward to learning more about the decision-making process used by the County Clerk and Recorder to validate signatures,” they wrote to EBS.