Mayor & City Council

WHITEFISH CITY COUNCIL May 19, 2025 SPECIAL SESSION AT 5:00 PM 1) Call to Order Deputy Mayor Sweeney called the meeting to order. Councilors present were Qunell, Caltabiano, Davis, and Norton. Mayor Muhlfeld and Councilor Feury were absent. Staff present were City Manager Smith, City Clerk Howke, Finance Director Gospodarek. 2) Interviews The City Council interviewed Trek Stephens and Chris Schustrom as incumbents to the Resort Tax Monitoring Committee. 3) Public Comment None 4) Appointments The City Council re-appointed Trek Stephens and Chris Schustrom to the Resort Tax Monitoring Committee for another 3-year term. 5) Adjourn Deputy Mayor Sweeney adjourned the meeting at 9:08 p.m. /s/Frank Sweeney Deputy Mayor Sweeney Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk  WHITEFISH CITY COUNCIL May 19, 2025 7:10 P.M. 1) CALL TO ORDER Deputy Mayor Sweeney called the meeting to order. Councilors present were Qunell, Caltabiano, Davis, Sweeney, and Norton. Mayor Muhlfeld and Councilor Feury were absent. City Staff present were, City Clerk Howke, City Manager Smith, City Attorney Jacobs, Finance Director Gospodarek, Planning and Building Director Taylor, Public Works Director Workman, Parks and Recreation Director Butts, Police Chief Kelch and Fire Chief Hadley. Approximately 11 people were in the audience and zero attended virtually. 2) PLEDGE OF ALLEGIANCE Deputy Mayor Sweeney asked Phil Boland to lead the audience in the Pledge of Allegiance. (YouTube Video 2:46) Deputy Mayor Sweeney presented the 2025 Green Business Award to the North Valley Food Bank, with Executive Director Sophie Albert accepting the honor. The award, given on behalf of the Sustainable Tourism Management Committee, the Climate Action Committee, and Glacier Climate Smart, recognizes the organization for its extensive programs, significant outreach, and impactful food rescue efforts. Judges highlighted the food bank’s role in reducing food waste—a major contributor to greenhouse gas emissions— through initiatives that support food reuse, local farmers, and hunters, as well as mobile delivery and educational programs. The City of Whitefish commended the North Valley Food Bank for its commitment to sustainability and environmental stewardship. 3) PRESENTATION (YouTube Video 5:02) a) Baker Tilly Municipal Advisors, LLC presentation of the Fire/EMS Cost of Services Report (p.65) Steve Scharff and Matt Stark from Baker Tilly Municipal Advisors, LLC presented the Fire/EMS Cost of Services Report that is provided in the packet on the website. Councilor Qunell made a motion, seconded by Councilor Norton, to accept the Fire/EMS Cost of Services Report as presented. Councilor Davis stated he will accept this report, but he will not accept the recommended rates. The motion carried. Manager Smith stated the next step is to hold a public hearing at a later date to revise the rates. 4) COMMUNICATIONS FROM THE PUBLIC– (This time is set aside for the public to comment on items that are either on the agenda, but not a public hearing or on items not on the agenda. City officials do not respond during these comments but may respond or follow-up later on the agenda or at another time. The mayor has the option of limiting such communications to three minutes depending on the number of citizens who want to comment and the length of the meeting agenda) (YouTube Video 52:48) John Ratka Skinner, from Marion, addressed the City Council regarding the Whitefish Police Department's handling of the detainment of Mr. Rengifo Del Castillo. He urged council members to review definitions of bias-based policing and improper profiling, referencing the Whitefish Police Department's handbook, which prohibits discriminatory actions based on race, ethnicity, national origin, language proficiency, and other factors. He criticized the officer's discretionary decision to call Border Patrol despite Mr. Rengifo Del Castillo possessing valid Montana identification and insurance, suggesting that the officer acted based on language and ethnicity rather than legal violations.  CITY COUNCIL MINUTES May 19, 2025 Skinner expressed concerns about the officer’s actions leading to an unjustified six-day detention without explanation or documentation. He referenced recent media coverage that suggested the police department was attempting to downplay racial motivations in the incident. He argued that public concern does not erode trust in law enforcement, but rather questionable police actions and policies do. Representing the Latino community, Skinner highlighted fears among immigrants in Whitefish, noting that police practices influence their willingness to report crimes. He called on the City Council to continue investigating the police department's policies and training, emphasizing that speaking Spanish or appearing nervous is not reasonable suspicion for law enforcement intervention. He warned that Latino residents are avoiding Whitefish due to fears of unjust treatment and urged the Council to seek policy changes that ensure equitable policing practices. Rebecca Miller, an immigration advocate from Kalispell, addressed the Council regarding concerns over immigration enforcement policies. She cited a CATO Institute report stating that at least 50 immigrants, including four with refugee status, who were sentenced to life terms in El Salvador had been legally present in the U.S. She also referenced CBS News findings that most deported individuals lacked criminal records. Miller criticized the Trump administration's immigration policies, arguing they disregard due process and treat immigrants as expendable. She also raised concerns about Whitefish Police Department’s procedures for handling immigration violations, questioning the role of CBP and ICE. She noted that once a call to these agencies is made, they retain discretion over enforcement actions, leading to potential errors with life-altering consequences. She urged the Council to clarify how officers determine reasonable suspicion or probable cause for immigration violations, emphasizing that such training should be accessible to the public. Miller stressed the importance of avoiding wrongful detentions and called on city officials to collaborate with the community to address these issues. Trand Seymour spoke regarding the Fire/EMS Cost of Service Report, expressing concerns about the lack of viable solutions that benefit the community. He supported the idea of a non-resident fee for EMS services, stating that those who can afford to vacation in the area should also be responsible for their own costs. He also addressed the broader issue of financial burdens on residents, particularly regarding healthcare costs. He noted that many people prioritize housing over health insurance due to affordability challenges. The system, he argued, unfairly punishes low-income individuals who contribute significantly to the community. With Medicaid cuts and rising insurance costs, he warned that the city will see declining revenue from EMS-related fees. Seymour criticized Matt Stark’s financial recommendations, stating that while they were mathematically sound, they failed to consider real-world impact. He compared fee increases to a flawed discount system, explaining that raising rates does not necessarily result in higher revenue. Instead of imposing fines for gas line ruptures, he suggested a proactive approach—sending personnel to identify utility locations before digging begins. On the detainment of Mr. Rengifo Del Castillo, Seymour expressed frustration that the community was making national headlines for negative incidents. He emphasized that Del Castillo has lived in Montana since infancy and was legally present yet was detained due to language barriers. Seymour urged the council to ensure accountability and implement measures to prevent similar situations in the future, warning that the incident reflected poorly on the entire community. 2  CITY COUNCIL MINUTES May 19, 2025 He concluded by stating that regardless of political affiliations, the community should work to prevent these mistakes and strive for better outcomes. 5) COMMUNICATIONS FROM VOLUNTEER BOARDS (YouTube Video 1:12:49) Councilor Norton inquired whether volunteers were needed for the Tree Committee's planting event along Karrow Avenue on May 28th at 4 PM. Parks and Recreation Director Butts responded that staff had not requested volunteers, as the Tree Committee was expected to manage the task. She will consult with staff, and if volunteers are needed, they will be contacted accordingly. 6) CONSENT AGENDA (The consent agenda is a means of expediting routine matters that require the Council’s action. Debate does not typically occur on consent agenda items. Any member of the Council may remove any item for debate. Such items will typically be debated and acted upon prior to proceeding to the rest of the agenda.) (YouTube Video 1:13:59) a) Minutes from May 5, 2025, Special Meeting (p.91) b) Minutes from May 5, 2025, Regular Meeting (p.93) c) Ordinance No. 25-05; An Ordinance amending Zoning Regulations Title 11, Section 3, Special Provisions, Chapter 38, Airports, Heliports and Helipads, of the Whitefish City Code (Second Reading) (WZTA 25-01) (p.101) Councilor Norton made a motion, seconded by Councilor Davis to approve the Consent Agenda. Councilor Norton had one correction, replace Renihifo with Rengifo. The motion to approve the Consent Agenda as corrected carried. 7) PUBLIC HEARINGS (Items will be considered for action after public hearings) (Resolution No. 07-33 establishes a 30- minute time limit for applicant’s land use presentations.) (YouTube Video 1:15:02) a) Consideration to approve the Preliminary Engineering Report for the South Whitefish Water Tower (p.105) Public Works Director Craig Workman presented his staff report that is provided in the packet on the website. Deputy Mayor Sweeney opened the public hearing. There being no public comment, Deputy Mayor Sweeney closed the Public Hearing and turned matters over to the Council for their consideration. Councilor Caltabiano made a motion, seconded by Councilor Norton to approve the PER and authorize submittal to DEQ. The motion carried. 8) COMMUNICATIONS FROM CITY MANAGER (YouTube Video 1:25:24) a) Written report enclosed with the packet. Questions from Mayor and Council? (p.122) None b) Other items arising between May 14th through May 19th City Manager Smith stated the proposed FY2026 Budget and Capital Improvement Program has been distributed to the Council. A budget work session is scheduled for Wednesday, May 28th. This budget is in an extremely preliminary format. The state legislature approved two different bills that would change our property tax system for FY2026. The governor has them for review and has not acted on them. Both of them would reduce the residential property tax rate in FY2026. The proposed budget is based on the current tax system, not approved yet by the governor. With those changes it could change what the wage calculation is for with our wage formula that we typically use. She also announced the State kicked off their 2025-26 3  CITY COUNCIL MINUTES May 19, 2025 statewide functional classification review project of roads in Montana. They will be looking at road designations based on the Federal Highway Administration rules and uses. There is only a two-week time frame for us to provide comments. Manager Smith also reported that IT is working on the upgrades to the system in the Council Chambers to ensure we have great remote access and capabilities. She asked the Council for their preference to keep the projector and screen or place a TV monitor on the north wall. The Council preferred the TV but to also add a TV to the South wall. 9) COMMUNICATIONS FROM MAYOR AND CITY COUNCILORS a) Consideration of a request from Jonathan Proto to provide an affidavit in support to the Public Service Commission to expand local sanitation business (p.134) (YouTube Video 1:31:00) Councilor Norton recognized Jonathan Proto, who addressed concerns regarding the city's current garbage provider, citing issues with service, pricing, and the lack of competition. He emphasized that competition would help keep costs down for residents and noted that direct disposal at the landfill is not a preferred option for most. Jonathan proposed an alternative solution and requested that the Council provide an affidavit to the Public Service Commission in support of expanding an additional local sanitation business. The Council members present expressed support for staff to submit the affidavit. b) Letter from Paul McCann requesting Council prioritize funding and efforts to locate an additional fire station north of the viaduct (p.137) (YouTube Video 1:36:31) Councilor Norton stated Paul McCann had approached her about this. She advised him to write a letter. She stated we have an ordinance for the City Council that says the City Councilors are not supposed to act on behalf of individual people. She said it is hard when you are a councilor because people want you to listen to them and talk to them. She is trying to direct people to the problem report on the website. A lot of people would rather have a one-on-one conversation. She thinks at some point council should talk about people not always wanting to interface with a computer. Mr. McCann was concerned about the city not addressing fire at the head of the lake. Attorney Jacobs stated city staff always accept letters from individuals. The problem reporter is an easy way for people to report instantaneous problems. She reminded that the Council acts as a collective body, not individually. Council Comments (YouTube Video 1:38:37) Councilor Caltabiano reflected on his journey from Italy to American citizenship six years ago, expressing deep gratitude for the country and its principles of fairness and justice. He shared personal experiences of helping South American immigrants pursue their own paths to citizenship, emphasizing the importance of due process and the legal protections afforded to all individuals, including undocumented immigrants. He voiced strong support for a local officer accused of racial profiling, asserting that he has seen no evidence substantiating such claims. He stressed that accusations without factual basis undermine integrity and justice. He empathized with the officer’s situation and cautioned against allowing assumptions to replace due process. He also expressed concern about the potential consequences of racial profiling, wondering if his own Italian accent could impact how emergency responders treat him. He concluded by reaffirming the importance of upholding justice for all. 4  CITY COUNCIL MINUTES May 19, 2025 Councilor Qunell emphasized the importance of transparency in addressing recent concerns, cautioning against misplaced outrage, particularly in a town known for its strong community policing. He, along with Councilors Caltabiano and Davis, requested an exploration of what eliminating mandatory trash service in the city would entail. He also sought an update on council compensation, which Manager Smith clarified had not been included in the proposed budget due to delays in adopting the ethics policy. A public hearing on compensation will be held on June 16th, followed by potential adoption and budget amendment that same evening. Regarding property tax relief, Councilor Qunell noted the difficulty in obtaining clear details on proposed state plans affecting primary residents versus second homeowners. He expressed interest in revisiting the redistribution of resort tax revenue. Manager Smith provided insight into upcoming tax rate changes, explaining that fiscal year 2026 will see a universal residential tax rate cut, while fiscal year 2027 will introduce a homestead rate with different structures requiring applications. She affirmed that the city will evaluate the impact once legislation is adopted and determine whether adjustments require voter approval. Councilor Norton expressed appreciation for those in attendance and acknowledged the challenging times facing the nation, particularly regarding immigration. She discussed her conversations with Chief Kelch and emphasized support for local law enforcement, noting the importance of confidentiality in policing and the principle of innocence until proven guilty. She voiced internal conflict regarding upholding the Constitution, given ongoing legal challenges to executive orders and the shifting political landscape. Norton inquired about the city's ability to communicate with elected officials, consulting Manager Smith, who indicated that the council could draft a letter to federal or state representatives if the majority agreed. However, Smith clarified that the city charter limits council involvement in state-level issues unless Whitefish is uniquely affected. Norton also raised concerns about the impact of immigration policies on Canadian tourism and local businesses, citing reports from residents who are discouraging visitors due to border enforcement practices. She suggested that collective advocacy might be beneficial but acknowledged that changing federal immigration policy would be challenging. She expressed willingness to pursue action if the council decided to move forward. Councilor Davis expressed concern over the state of politics nationally but emphasized appreciation for the collaborative and problem-solving nature of the local council. He noted distress over federal political issues impacting the town and expressed hesitation involving the council in such matters unless a unique local perspective is warranted. Davis reiterated the council's focus on serving the community rather than broader political change and voiced gratitude for the thoughtful contributions from both the public and fellow council members. He concluded by affirming his appreciation for the engaged and thoughtful nature of the community. Deputy Mayor Sweeney addressed Councilor Norton, emphasizing that individual members of the council are free to communicate with congressional representatives but cannot act collectively as a council in such matters. He acknowledged the importance of individual advocacy and the broader reflections on identity and perception resulting from a recent incident. Sweeney expressed strong support for the police force and stated that there was no evidence suggesting racial or linguistic profiling by the officer involved. He acknowledged public speculation but maintained that all relevant information had been shared transparently. While recognizing the community’s concerns, he placed responsibility for the incident on Border Patrol and ICE, stating that the council and police had no role in its initiation. He 5  CITY COUNCIL MINUTES May 19, 2025 urged vigilance and reflection, appreciating the discussions that had emerged, which reaffirmed the council’s values and approach. 10) ADJOURNMENT (Resolution 08-10 establishes 11:00 p.m. as end of meeting unless extended to 11:30 by majority) Deputy Mayor Sweeney adjourned the meeting at 9:08 p.m. /s/Frank Sweeney Deputy Mayor Sweeney Attest: /s/Michelle Howke Michelle Howke, Whitefish City Clerk 6