H2. Solid Waste Board AppointmentCITY OF
KALISPELL
REPORT TO: Jarod Nygren, City Manager
Clerk's Office
201 1st Avenue East, PO Box 1997
Kalispell, MT 59903
Phone: (406) 758-7756
cityclerk@kalispell.com
www.kalispell.com
FROM: Aimee Brunckhorst, City Clerk & Communications Manager
MEETING DATE: January 20, 2026
SUBJECT: Nomination to the Flathead County Solid Waste District Board of Directors
BACKGROUND: The Flathead County Solid Waste District Board of Directors consists of
seven members appointed by the Flathead County Board of Commissioners with one member a
resident of each incorporated City, nominated by each City. This position was previously filled by
former Mayor Mark Johnson. This term will expire December 31, 2029.
The mission statement of the Board of Directors and the employees of the Flathead County Solid
Waste District are to provide environmentally sound and cost-effective refuse collection, disposal
and recycling opportunities for Flathead County residents and businesses.
RECOMMENDATION: It is recommended that Council make a motion to nominate a member
of the governing body for appointment by the County Commission to the Flathead County Solid
Waste District Board.
ATTACHMENT: Board By -Laws
June 28, 2011
AMENDED BY-LAWS
OF THE
BOARD OF DIRECTORS
FLATHEAD COUNTY SOLID WASTE DISTRICT
Article I
The Flathead County Board of Commissioners, by Resolution Number 89 on June 22, 1970,
created the Flathead County Refuse Disposal District. The Board of County Commissioners
recreated the District on July 24, 2007 by the adoption of Resolution No. 1205 C. The
District is known as the Flathead County Solid Waste Management District. The operation
of the Flathead County Solid Waste Management District is now governed by Sections 7-
11-1021 through 7-11-1029, MCA. Section 7-11-1021 (1) provides that the district may be
operated by an appointed board. These By -Laws provide the procedures for the Board..
Article II
Membership: The Board shall consist of seven members appointed by the Flathead
County Board of Commissioners. as follows:
(a) one member of the Board of Commissioners shall be appointed by the Board
of Commissioners;
(b) one member who is a resident of each incorporated City and has been
nominated by each City shall be appointed by the Board of Commissioners;
(c) one member who is nominated by the Flathead City -County Board of Health
shall be appointed by the Board of Commissioners; and
(d) two members who are interested citizens shall be appointed by the Board of
Commissioners.
Removal: The Board may request that the Board of Commissioners remove a Board
member by a two-thirds vote of the members of the Board after he/she has been accorded
opportunity for a hearing upon the removal charges. Grounds for requesting removal from
office shall be the failure to attend three consecutive meetings without substantial excuse for
such non-attendance.
Article III
Officers: Each year, at its regular January or February meeting, the Board will
select one of its members to be the Chair and one member to be the Vice -Chair. The Chair
shall preside at all meetings of the Board and shall sign all official correspondence and
documents as may be required of the District from time to time. The Vice -Chair will act in
the absence of Chair.
Article IV
Meetings:
A. Regular Meetings: Regular meetings shall be held on the fourth Tuesday of each
month at a time and place to be determined by the Board. They will be held at
the Landfill office meeting room unless another place is selected and advertised
as the location. A majority of the Board shall constitute a quorum for any
meeting.
Robert's rules of Order shall govern the procedure of all meetings.
The Chair and the Public Works Director will prepare an agenda for the meeting
and the same shall be provided to the members prior to the meeting.
B. Special Meetings: A special meeting may be called by the Chair and one other
Board Member, or by the call of any three members of the Board. In the Notice
calling such a special meeting, the specific reason for the special meeting must
be explained and the agenda can contain no other matter. Notice of a special
meeting must be in writing signed by the members calling such meeting and the
Notice shall be served personally or by mail upon all other members at least
forty-eight (48) hours prior to the time set for such meeting.
C. Notice: Notice of all meetings shall be given in accordance with Montana's
"Open Meeting Law", Sec. 2-3-201 et seq. MCA, and State Constitution Il, 9.
Article V
Authority of the Board:
A. Section 7-11-1021 (2) (a), MCA, provides that the specific powers and duties
granted to the board and those specifically withheld must be stated. Resolution
1205 C granted and withheld specific powers and duties to the Board:
"The Board of Directors shall exercise all powers set forth in
Section 75-10-112, MCA, provided however, that decisions
concerning the following actions shall not take effect until
approved by the Board of Commissioners:
The determination of the wages and salaries to be paid to
Employees of the Solid Waste District, and the terms of contracts
between the Solid Waste District and its employees and collective
bargaining agreements between the Solid Waste District and
employee associations;
N
2. The acquisition, by lease, purchase, or otherwise and disposition,
by lease, sale or otherwise, of real property by the Solid Waste
District; and
3. The adoption of the annual budget of the Solid Waste District."
B. The Board is to authorize the hiring of employees by the Public Works Director
subject to budgetary limitations and approval by the County Commissioners.
C. The Board is to establish by Resolution policies and procedures for the
operation of the District.
D. The Board is to establish an annual budget for the operation of the District for
presentation to the County Commissioners at the appropriate time for
consideration and review.
E. The Board may exercise any other power as provided by law.
Article VI
Director: The Board and the Board of County Commissioners will jointly employ a
Public Works Director who will be responsible for hiring and directing personnel to carry
out the functions of the Solid Waste District and the Flathead County Road and Bridge
Departments. The salary and term of employment of the Public Works Director will be
established by the County Commissioners.
The Public Works Director will be the Secretary of the Board but may designate a
member of his staff to assist him in his duty.
The Public Works Director will administer the financial records of the District, in
conjunction with the Flathead County Finance Department, and all such records may be
subject to review by the Board at their request.
The Public Works Director will prepare the agenda for the regular monthly meetings
of the Board with the approval of the Chair of the Board. The agenda may be amended by
proper motion and passage at the meeting.
The Public Works Director will be required to keep the Board apprised of the
operation of the district.
The Public Works Director will be responsible for the operation, maintenance and
security of all property and equipment of the District.
The Public Works Director will make periodic reports to the Board on the status of
the budget of the District for the current year. He will also prepare a suggested annual
budget for the information of the Board, which will be presented to the County
Commissioners.
3
Article VII
Amendment: These By -Laws may be amended at a regular or special meeting of the
Board. A proposed amendment must be presented to the members in writing and a copy
served on each member at least forty-eight (48) hours prior to the meeting at which it will
be presented. If the amendment is accepted, it must be presented for a second reading and
vote at the next regular meeting for final adoption or rejection.
We the undersigned, being a quorum of the members of the Board of Directors of
the Flathead County Solid Waste District to hereby assent to the above amended by-laws of
the Board and adopt them herewith.
In Witness Thereof, we have hereunto subscribed our names this 28th day
of June, 2011.
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Hank Olson, Chair
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Dupont
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Lorin Lowry
Wayne Miller
Alan Ruby
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