Interlocal Agreement

BETWEEN THE CITY OF BOZEMAN AND GALLATIN COUNTY

INCREASING BOARD MEMBERSHIP AND CONTINUING

THE GALLATIN CITY-COUNTY BOARD OF HEALTH

 

MAY 12, 1997

 

This Interlocal Agreement for a City-County Board of Health as authorized by Section 50-2-l06, MCA, takes effect on May 12, 1997, by and between:

 

GALLATIN COUNTY, 311 West Main, Room 301, Bozeman, Montana 59715 (Phone: 406-582-3000);and

 

THE CITY OF BOZEMAN, 411 East Main, P.O. Box 640, Bozeman, Montana 59771 (Phone 406-582-2320).

 

CONTENTS

l. Purpose

2. Term of Agreement

3. Board Membership

4. Financing and Budgeting

5. Board Mandatory Duties

6. Board Discretionary Authority

7. Board Employees

8. Property

9. Disposal of Property upon Termination

10.The County Attorney is the Legal Adviser

 

IT IS UNDERSTOOD AND AGREED as follows:

 

1. PURPOSE: The Gallatin City-County Board of Health was created in July of 1991 with six (6) board members. The purpose of this present Interlocal Agreement (Agreement) is to increase Board membership, to define Board responsibilities, and to continue the Gallatin City-County Board of Health (Board of Health).

 

2. TERM OF AGREEMENT: The initial term of this Agreement will end June 30, 2002. However, the Agreement may be terminated sooner by either party serving a Notice of Termination, either by personal service or by certified mail, return-receipt requested on the other party at the address listed at the beginning of this Agreement; such service must be made on or before March lst of any year, including 2002, that it will stop participating in the Agreement at the end of that fiscal year.

 

If this Agreement is not terminated on or before June 30, 2002, or on the fifth year anniversary or anniversaries of June 30, 2002, as provided above, then it shall automatically renew for successive five (5) year terms.

 

3. BOARD MEMBERSHIP: The Board of Health shall have nine (9)Board Members:

 

a. a County Commissioner or representative

b. a City Commissioner or representative

c. three other members appointed by the County Commission

d. three other members appointed by the City Commission, and

e. one member appointed jointly by the City and County Commissions by a majority of each Commission.

 

Board members shall be appointed, when possible, to represent various disciplines such as health care, environmental health, environmental engineering, and the general public. Board members shall serve at the pleasure of the appointing governing body.

 

The term of Commissioner Jane Jelinski, the present County Commission representative, shall end January 5, 1998.

 

The term of Bozeman Mayor Don Stueck, the present City Commission representative, shall end January 5, 1998.

 

The initial terms of the other members appointed by the County Commission shall end as follows:

 

Brad Cooper January 5, 1998

 

Patricia Butterfield, January 4, 1999

 

New appointee, January 3, 2000

 

The initial terms of the other members appointed by the City Commission shall end on :

 

Warren L. Jones, January 5, 1998

 

Susie M. Smith, January 4, 1999

 

New appointee, January 3, 2000

 

The initial term of the member appointed jointly by a majority of each the City Commission and the County Commission shall end January 3, 2000.

 

Subsequent appointments shall be for three-year terms

 

4. FINANCING AND BUDGETING: Board of Health operations shall be financed by a special levy of not more than 5 mills on the taxable value of all property within the County as authorized by Section 50-2-111 (2), MCA, which is in addition to all other levies. Other financing sources are authorized by Title 50, Chapter 2, MCA.

 

The Board of Health shall submit proposed budgets to the Bozeman City Commission in the way provided for other city offices and departments under Title 7, Chapter 6, Part 23, MCA.

 

The Board of Health shall submit proposed budgets to the County Commission in the way provided for other County offices and departments under Title 7, Chapter 6, Part 23, MCA.

 

The City Commission and the County Commission shall agree upon the budget. All Board of Health funds shall be deposited with the County Treasurer who shall disburse them as county funds.

 

5. MANDATORY BOARD DUTIES: The Board of Health is mandated by Montana law to perform certain duties set forth in Section 50-2- 116(1), MCA. Appendix A provides the current law.

 

6. DISCRETIONARY BOARD AUTHORITY: The Board of Health is given discretionary authority by Montana law to perform certain acts as authorized by Section 50-2-116 (2), MCA. Appendix B provides the current law.

 

7. BOARD EMPLOYEES: Board of Health Employees will have benefits at least equal to Gallatin County employees.

 

8. PROPERTY: Property will be acquired and disposed of according to Montana law and shall be held in the name of the Gallatin City-County Board of Health.

 

If the property to be sold is reasonably of a value of less than $2,500, the sale may be either public or private at the discretion of the Board of Health. If the property to be sold is reasonably of a value of more than $2,500, the sale must be public.

 

Proceeds from the sale of property shall be deposited with the County Treasurer for the City-County Board of Health, unless the sale is caused by the termination of this Interlocal Agreement.

 

9. DISPOSAL OF PROPERTY UPON TERMINATION: Upon termination of this Agreement all assets of the Board of Health shall be accounted for and distributed as the parties mutually agree.

 

10. THE COUNTY ATTORNEY IS THE LEGAL ADVISER: The County Attorney is the legal adviser to the Board of Health. Section 50-2- 115, MCA.

 

Interlocal Agreement Increasing the Board Membership and Continuing the Gallatin City-County Board of Health effective May 1, 1997.

 

City of Bozeman Legal Approval and Copy Page, page 5

 

Copies:

 

Joe Menicucci, City-Manager

City of Belgrade

88 North Broadway

Belgrade, Montana 59714

 

Vicki Ellison, Clerk

Town of Manhattan

P.O. Box 96

Manhattan, Montana 5974l

 

Sharon Smith, Clerk

City of Three Forks

P.O. Box 187

Three Forks, Montana 59752

 

Larry Binfet, Clerk

Town of West Yellowstone

P.O. Box Yellowstone, Montana 59758

 

APPENDIX A

 

BOARD OF HEALTH MANDATORY DUTIES: The Board of Health is mandated by Montana law to perform certain duties, which are changed from time to time. As of the date of this Agreement Section 50-2-1l6(1), MCA, mandates the Board of Health to:

 

(a) appoint a local health officer who is a physician or a person with a master’s degree in public health or the equivalent and with appropriate experience, as determined by the Department of Public Health and Human Services, and shall fix the health officer’s salary;

 

(b) elect a presiding officer and other necessary officers;

 

(c) employ necessary qualified staff;

 

(d) adopt bylaws to govern meetings;

 

(e) hold regular meetings at least quarterly and may set meetings more frequently by Bylaw;

 

(f} supervise destruction and removal of all sources of filth that cause disease;

 

(g) guard against the introduction of communicable disease;

 

(h) supervise inspections of public establishments for sanitary conditions

 

(i} subject to the provisions of Section 50-2-130, MCA, adopt necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings that is not regulated by Title 75, chapter 6, or Title 76, chapter 4, MCA. The regulations must describe standards for granting variances from the minimum requirements that are identical to standards promulgated by the Board of Environmental Review and must provide for appeal of variance decisions to the department as required by Section 75-5-305, MCA.

 

APPENDIX B

 

BOARD OF HEALTH DISCRETIONARY AUTHORITY: The Board of Health is given discretionary authority by Montana law to perform certain duties, which are changed from time to time. As of the date of this Interlocal Agreement Section 50-2-116 (2) MCA, gives the Board of Health discretion to:

 

(a) quarantine persons who have communicable diseases;

 

(b) require isolation of persons or things that are infected with communicable diseases;

 

(c) furnish treatment for persons who have communicable diseases;

 

(d) prohibit the use of places that are infected with communicable diseases;

 

(e) require and provide means for disinfecting places that are infected with communicable diseases;

 

(f) accept and spend funds received from a federal agency, the state, a school district., or other persons;

 

(g) contract with another local board for all or a part of local health services

 

(h) reimburse local health officers for necessary expenses incurred in official duties;

 

(i) abate nuisances affecting public health and safety or bring action necessary to restrain the violation of public health laws or rules;

 

(j) adopt necessary fees to administer regulations for the control and disposal of sewage from private and public buildings. The fees must be deposited with the county treasurer;

 

(k) adopt rules that do not conflict with rules adopted by the Department of Public Health and Human Services;

 

(i) for the control of communicable diseases;

 

(ii) for the removal of filth that might cause disease or adversely affect public health;

 

(iii) subject to the provisions of Section 50-2-130, MCA, on sanitation in public buildings that affects public health;

(iv) for heating, ventilation, water supp.ly, and waste disposal in public accommodations that might endanger human lives ;

 

(v) subject to the provisions of Section 50-2-l30, MCA, for the maintenance of sewage treatment systems that do not discharge an effluent directly into state waters and that are not required to have an operating permit as required by rules adopted under Section 75-5-40l, MCA; and,

 

(vi) for the regulation, as necessary, of the practice of tattooing, which may include registering tattoo artists, inspecting tattoo establishments, adopting fees, and also adopting sanitation standards that are not less stringent than standards adopted by the Montana Department of Public Health and Human Services, pursuant to Section 50-l-202, MCA. For the purposes of this subsection, “tattoo” means making permanent marks on the skin by puncturing the skin and inserting indelible colors.