City Council Agenda

CITY COUNCIL WORK SESSION AGENDA September 27, 2021, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The public can participate in person in the council chambers or via videoconferencing. Register to join the video conference at: https://us02web.zoom.us/webinar/register/WN_5e7ObTkLRyqJyFhdsGXHkA Public comment can also be provided via email to publiccomment@kalispell.com. A. CALL TO ORDER B. DISCUSSION ITEMS 1. Flathead City-County Health Department Interlocal Agreement C. PUBLIC COMMENT Persons wishing to address the council are asked to do so at this time. Public comment can be provided in person, verbally during the online meeting, or via email to publiccomment@kalispell.com D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS E. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Regular Meeting – October 4, 2021, at 7:00 p.m. – Council Chambers Next Work Session – October 11, 2021, at 7:00 p.m. – Council Chambers Watch City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 1 of 1  City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7700 Fax - (406) 758-7758 MEMORANDUM To: Honorable Mayor Johnson and City Council From: Doug Russell, City Manager Re: City-County Health Department Interlocal Meeting Date: September 27, 2021 BACKGROUND: The City of Kalispell and Flathead County have been operating the City- County Health Department through an Interlocal Agreement established under the provisions of Chapter 2, Title 50, Montana Code Annotated. The 2004 Interlocal and an updated Interlocal is attached to this memo. This updated version brings the Cities of Whitefish and Columbia Falls into the Interlocal and identifies the County as the Governing Body in accordance with 50-1-101(8), M.C.A. This change provides the cities of Whitefish and Columbia Falls the ability to appoint board members to represent their respective entities. The funding of the Health Department is identified in section 3. This will be similar to the current methodology with the expense being levied by the County on a county-wide basis. RECOMMENDATION: At the work session, staff will provide an overview of the Interlocal and discuss respective sections of interest that the Council may have. ATTACHMENTS: Draft Interlocal 2004 Interlocal  INTERLOCAL AGREEMENT FLATHEAD COUNTY BOARD OF COMMISSIONERS AND CITIES OF KALISPELL, COLUMBIA FALLS, and WHITEFISH THIS AGREEMENT is made and entered into this ____ day of_______, 2021, by and between FLATHEAD COUNTY BOARD OF COMMISSIONERS, Flathead County, Montana, (“County”), the CITY OF KALISPELL, the CITY OF WHITEFISH, and the CITY OF COLUMBIA FALLS, municipal corporations in Flathead County, Montana, (“Cities”), (collectively known as “Parties”). The City of Kalispell and the County previously agreed to maintain a City-County Health Department by Interlocal Agreement dated May 19, 1976, and revised in 2004. That 2004 Interlocal Agreement shall be terminated by mutual consent on the date on which this Agreement becomes effective. It is the intent of the parties that the present City-County Health Department shall remain intact, but shall function under this Agreement as of its effective date. The purpose of this Agreement is to maintain one organization that has county-wide jurisdiction in matters of health. The Parties hereby agree to the following purposes, powers, rights, obligations and responsibilities: 1. Commencing with the signing by all Parties of this Interlocal Agreement (“effective date”), this Agreement shall run until terminated as provided in paragraph 4 below. 2. Upon the effective date of this Agreement, a Flathead City-County Health Department shall be established under the provisions of Title 50, Chapter 2, M.C.A. (2021), as may later be amended. The Flathead City-County Health Department (“Department”) will operate under the supervision and control of the Flathead City-County Health Board (“Board”). 3. The manner of financing this joint undertaking and establishing and maintaining a budget therefore shall be in accordance with § 50-2-111(1), M.C.A, as follows: the Parties mutually agree that County shall be responsible for 100% of the total expenses of the Department and Board. The total expenses will be financed by an appropriation from the general fund of the County after approval of a budget in the way provided for other county offices and departments under Title 7, chapter 6, part 40. This appropriation will be funded by a County-wide mill levy (including the properties inside the municipal boundaries), subject to Section 15-10-420, M.C.A. The Parties agree that this funding arrangement will continue so long as this Agreement is in effect. 4. Upon mutual consent of the Parties this Agreement may be terminated. Any Party may initiate termination of this agreement by passage of a resolution of the governing body of that Party and service of written notice upon the remaining Parties that it intends to  withdraw at least sixty (60) days prior to the date of the intended withdrawal and consequent termination. Upon termination hereof, any property acquired by the Department shall revert to County. 5. The Department will be administered in accordance with the statutes of Montana and/or resolutions passed by the respective governing bodies. The Parties mutually agree that the Board shall be composed of nine members, appointed as follows: One Flathead County Commissioner, appointed by, and serve at the pleasure of, the Board of County Commissioners; one member to be appointed by, and serve at the pleasure of each of the Cities; and five members to be appointed by, and serve at the pleasure of, the Board of County Commissioners; provided, however, that the members of the present City-County Health Board shall remain on the Board for the duration of their present appointments. 6. The Local Governing Body or Governing Body as defined in § 50-1-101(8), M.C.A. (2021), shall be the Flathead County Board of Commissioners. 7. The County is responsible for reports and payment of retirement system contributions pursuant to § 19-2-506, M.C.A. The Parties agree that the Board and Department are subject to County administrative and personnel policies. 8. The Board has the powers and duties enumerated in § 50-2-116, M.C.A. (2021), and as otherwise authorized or imposed by law. 9. The Board may acquire, hold and dispose of any personal property used in this joint undertaking. All personal property heretofore acquired by the Department shall remain the property of the City-County Health Department established herein. 10. No new, separate legal entity is created by this Agreement. IN WITNESS WHEREOF, the authorized representatives of the Parties have hereunto affixed their respective signatures in approval of this Agreement on the day and year indicated.  COUNTY BOARD of COMMISSIONERS AND CITY of INTERLOCAL AGREEMENT 5 KALISPEL FLATHEAD id V TA OF. - FANCOL04 7Y OF FLATY-EAW OR AGREEMENT DEPUrl THIS and entered 00 PAID into this day is made o JU L V1 2&by and between 1, FLATHEAD COUNTY BOARD OF COMMISSIONERS, Flathead County, Montana, hereinafter referred to as " County".and the municipal corporation, CITYOF SSE, Flathead County, Montana, hereinafter referred to a a City". " City and the Counter previously - agreed The to maintai a City -County Health Department, by Interlocal Agreement dated May 19,1976, That agreement shall be terminated by mutual consent on the date on which this agreement It is the intent becomes ef ective, by the execution of ths agreement. of the parties that the present City -County Health Department shall remain in tact, but shall function under this agre ment as of its ef ective date. The City and County hereby agree to the Commencing following purposes, powers, rights, obligations and responsibilities: I. with the date of filing of t rlooal Agreement with the Clerk and Recorder this L. of Flathead County and the Secretary of State of Montana, this agreement shall run until terminated as A City -County Health Department shall provided in paragraph 5 hereof. 2. be established under the provisions of Chapter 2, Title 50,Montana Code an otated. The City_ County Health Department will operate under the supervision andcontrol of Section 6 the City -County Health Board as set out in The purpose of this agreement is to below.3. maintain one organization that has count ide sdiction in matters o hen Ith. The man er of financing this joint undertaking and establishing; and maintaining a budget therefore shal be in ac ordance with Section 50- 2- as follows: The City 11 2 , 2-x. 111( 2), and Counter hereby agree that the I of 3  20- S expenses of the City -County Health Department will be apportioned by the use of a ratio which will result in the City and the County levying an identical . 11 levy, allowed by Section 50- 2- 111 - 2( b) and e, M. C. A. 5 in order that all property in Flathead County, outside of the City limits of the city of Kalispell, will be levied upon 043q4 Upon agreement of both the County and the City this equally. 5. agreement may be terminated. Either party may terminate this agreement by passage of resolution of the governing body of that party and service of Witten notice upon. the remaining party that it intends to withdraw, at least sixty 6 days pror to the date of the intended withdrawal and consequent termination. Upon termination hereof, any property acquired by the City County - Health Department shall revert to the County Health Department will be County. The City - administered in accordance with the statutes of Montana and/ or resolutions passed by the respective governing bodies. The City - County Health Board shall be composed of nine members, appointed as follows. one member to be appointed by, and serve at the pleasure of,the Board of County Commissioners; one member to be appointed by, and serve at the pleasure of,the Kalispell City Council; and seven members to be appointed by,and serve at the pleasure of,the Board of County Cormxs ioners, to represent population centers in the County which are not entitled to representation by statute;provided however that the members of the present City - County Health. Board shall remain on the Board for the duration of their present appointments. The City County - Health Board may acquire, hold and dispose of any personal property used in thioint undertaking. All personal property heretofore acquired by the City -County Health Department shall remain the property of the City County -- Health. Department established herein. 2 of 3  WITNESS 20043214 \\ ,% IN WHEREOF, the representatives of the respective agencies have hereunto axed their respective signatures in approval of this agreement the day and year first above written. ATTEST: ti' ty T OF:=Q Q P sY STATE OF Clerk Y MONTANA) SS COUNTY T'Y OF FLATHEAD) CI' OF KASPE,, MONTANA tcipal Corporation M - 1? or BOARD OF COM IS IONERS FLATH T , AD CO M4 TANA Chairman On this R day of - bWeM9(0A a Notary Public and before me, for the State o Montana, personally appeared _ .4 and known to mr, Lv be the mayorandCity Clerk of the Cityo Kalispell, Montana, and acknowledged to rye that said City executed the same. I have hereunto set my hand and affixed my official seal the day and y *# V". 41,iERE0F1 00 Sedt) Notary Public for the State of Montana VPM SEAQ.. **residing. at Kalispell, Montana My Commission expires 9 d STATE 6P114 SS COUNTY OF FLATHEAD) On this day of 20 before a Notary Public me inand for the State o Montana, personally appeared- known to me the 41AL hair a of the Board of County o- nurni sioners, Flathead Comity, Montana, and toe acknowledged to me that such Board of County Commissioners executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above writ en. MONICA R. EISENZIMER Residing at Columbia Falls SEAL:. State of Montana y Comm. Expries Dec. 30,2- 007 91;- Ieu Notary Public for the tate of Mo a , F IS Residing at Mont,ana My Commis ion expires of 3