4. Amendment - CAB Interlocal AgreementAgenda - April 20, 1998
AGENDA ITEM 4 - AMENDMENT - CAB AGREEMENT
BACKGROUND/CONSIDERATION: Enclosed is a letter received from Jonathan
Smith, Deputy County Attorney, on behalf of the County Administrative Board. The letter
and proposed amendment reflects the action taken at the last CAB meeting. The amendment
was proposed by Mayor Jensen of Whitefish. This was in response to the stated desires of
the County Commissioners to have more representation on this Board. It is the
Commissioners' perception that because they pay approximately 70% of the cost of FRDO,
they should have more representation on the Board. Mayor Jensen originally submitted the
additional position in conjunction with the change in voting procedure. The proposal was to
not allow the Board Chairman to vote except to break a tie. Dale Williams indicated that this
would be unacceptable to the County Commissioners (The Chairman is not always a County
representative). Mayor Jensen then changed his proposal to that which is reflected in the
proposed amendment. I did point out to the Board that we have established a committee to
review the CAB.
RECOMMENDATION: As the CAB representative, at the current time, I see no
particular harm in expanding the committee as proposed. In theory, I see no advantage to the
County and disadvantage to the Cities. I would however, as I suggested in a joint meeting
with the County, suggest that the CAB should utilize the talents, skills and experience of both
the elected officials and professional managers of the Cities and the County. This would
allow a broader perspective of the elected officials and the administrators, making the CAB
both responsible in terms of operations and responsive in terms of broader goals/perspectives.
ACTION REQUIRED: If you desire to accept this change, a motion to do so will be
sufficient.
ONCE OF THE COUNTY n7TOQNff
THOMASJ. ESCH, county Attorney
JONAT HAN B. SMITH, Chief Deputy
DENNIS J HESTEA Deputy
RANDY K SCHWICKERT, Deputy
EDWARDJ. CORRICAN, Deputy
PETERA- SnELE, Deputy
ERIC S. HUACWEL, Deputy
Fathead Couniy, Montana
Kalispell, .Montana 59903-1516
April 2, 1998
Dale W. Williams Myrt Webb, City Manager
Flathead County Commissioner City of Columbia Falls
800 South Main P.O. Box 1970
Kalispell, MT 59901 Columbia Falls, MT 59912
Clarence Krepps, City Manager Michael Jensen, Mayor
City of Kalispell City of Whitefish
P. O. Box 1997 P.O. Box 158
Kalispell, MT 59903 Whitefish, MT 59937
Re: Proposed amendment to the Interlocal Agreement
Dear Members of the Countywide Administrative Board:
P.O. Box 1516
920 South :Main
Justice Center
Second Floor
(406) 758-5630
FAX (406) 158-5642
Enclosed, as requested at the last meeting of the CAB, is a
proposed amendment to the Interlocal which established the CAB,
adding a second member from the Board of Commissioners.
I believe that I have included all of the points mentioned in
Mayor Jensen's motion in the amendment. If there are any suggested
changes prior to presentation of the proposed amendment to your
respective governing bodies for their consideration, please let me
know as soon as possible.
In the event that each of the governing bodies approves the
amendment, and authorizes the Chairman or Mayor to execute the
proposal, I will circulate six originals for the signatures
indicated in order that each governing body will have an original,
and originals may be filed with the Secretary of State and the
Clerk and Recorder.
Dale W. Williams
Clarence Krepps
Myrt Webb
Michael Johnson
April 2, 1998
Page Two
If there are any questions, please do not hesitate to contact
me.
Very truly yours,
OFFICE OF THE COUNTY ATTORNEY
Flathead County, Montana
1
By�!s1" �tti
Jgnathan B. Smith, Deputy
nil Division
JBS/mp
Enclosure
FIFTH AMENDMENT TO INTERLOCAL AGREEMENT
ESTABLISHING THE COUNTYWIDE ADMINISTRATIVE BOARD
Paragraph I of the Interlocal Agreement establishing the
Countywide Administrative Board, executed by the Cities of Columbia
Falls, Kalispell and Whitefish, and Flathead County, is hereby
amended to read as follows:
NAME AND MEMBERSHIP
There is hereby established a joint body to be known as the
"Countywide Administrative Board," said body shall be referred to
hereinafter as the "CAB."
Said CAB is established as an administrative body for planning
purposes, but it is not intended to dissolve or affect any of the
functions of the aforesaid City -County planning boards or the
County Planning board except as may be specifically provided
herein.
The CAB shall be composed of feu-r(4) five (5) members. Those
members shall be the Mayors of each of the aforesaid three cities
and a two members of the Flathead County Board of Commissioners
appointed by that Board. A City member shall hold office for as
long as the member holds the office of Mayor of the governing body
of his City and each shall be succeeded hereon by his successor in
his official position. The County Commission members shall hold
office until a replacements -ke are appointed by the Board of
Commissioners. A member may designate another member of his
governing body or a City Manager to serve in his stead for one or
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more meetings -o±---e-pei€e--sue =ems-ef€iieial aet i-yed '
of the CAB. Three members shall
constitute a quorum of the CAB, provided, however, that the
concurring vote of three members of the CAB shall be necessary to
make any decision and provided further that voting by proxy shall
not be allowed.
Any expenses incurred by a member will be paid for by the
governing body which said member represents.
Dated this day of , 1998.
FLATHEAD COUNTY, MONTANA
By:
Howard W. Gipe, Chairman
CITY OF COLUMBIA FALLS
By:
Gary D. Haii, Mayor
CITY OF KALISPELL
By:
William E. Boharski, Mayor
CITY OF WHITEFISH
Michael Jensen, Mayor
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ATTEST:
ATTEST:
ATTEST:
ATTEST:
Clerk
Clerk
Clerk
Clerk