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HomeMy WebLinkAboutOrdinance No. O01-05ORDINANCE NO. 001-5 An Ordinance approving the Interlocal Agreement between the City of Laurel, City of Billings, and Yellowstone County creating a Multi-Jurisdictional Service District named Yellowstone City- County Health Department. WHEREAS, in 1997, the legislature of the State of Montana enacted House Bill 205 (HB205) which added "health services and health department functions" to the list of multi-jurisdictional services authorized by the Mont. Code Ann. 7-11-1102 (1997); and WHEREAS, the effective date of HB205 was October 1, 1997; and WHEREAS, the Yellowstone City-County Board of Health, together with the Commissioners of Yellowstone County, the City Council for the City of Laurel, and the City Council for the City of Billings believe that the enactment of HB205 and the reorganization of city-county health department functions is necessary and convenient for, and will better serve, the citizens of the City of Laurel, City of Billings, and Yellowstone County; and WHEREAS, on the 16th day of September, 1997, the City of Laurel approved a resolution R97-99, a resolution approving the Interlocal Agreement and authorizing the mayor and city clerk of the City of Billings to execute the Interlocal Agreement; and WHEREAS, on the 14`" day of October, 1997, the City of Billings approved the Interlocal Agreement by Council action and authorized the mayor and city clerk of the City of Billings to execute the Interlocal Agreement; and WHEREAS, the County of Yellowstone adopted a resolution approving the Interlocal Agreement, October 3, 1997, Resolution No. 97-74; and WHEREAS, it has come to the attention of the City of Laurel that Montana law, particularly Mont. Code Ann. § 7-11-1106 (2001), requires that the City of Laurel enact an authorizing ordinance to establish a Multi-Jurisdictional Service District; and WHEREAS, the City of Laurel desires to ratify and approve the Interlocal Agreement, previously approved by resolution, in a manner prescribed by law, by enacting this Ordinance. NOW, THEREFORE, the Laurel City Council adopts the following ordinance: 1. The name of the proposed district is Yellowstone City- County Health Department; 2. The services to be provided by the proposed district include the provision of health department functions, health services and related services, as permitted by Mont. Code Ann. §7-11-1102(2)(1) (2001); 2 3. This Ordinance is enacted to ratify the actions of the City Council in approving the resolution previously adopted by the City of Laurel. The establishment of the Multi- Jurisdictional Service District, among other reasons, is necessary in order to provide a higher level of service than may be available through the individual local governments forming the Multi-Jurisdictional Service District, to avoid the possibility of duplicating services between the members of the Interlocal Agreement and to provide the highest quality health department functions and health services to those requiring such services in a convenient and efficient manner; 4. That the boundary of the Yellowstone City-County Multi- Jurisdictional Service District shall be the boundary of Yellowstone County; 5. That the estimated cost and services and methods of financing the district by the City of Laurel at this time appears to be $.00; 6. That the administration of the district is set forth in the attached Interlocal Agreement; 7. That subject to the provisions of Mont. Code Ann. § 15- 10-420 (2001), the maximum property tax mill levy from the City of Laurel from property taxes it may access for use in the 3 district shall be no more than the amount permitted under the Laurel City Charter; and 8. That the signatures of the mayor and-the city clerk, as set forth on the Interlocal Agreement, a copy of which is attached, are hereby ratified and approved and authority retroactively given to execute the agreement on behalf of the City of Laurel. DATE: CITY OF LAUREL By: ~~~ Its Ma yor ~~' ATTEST: ti~ ity C1 rk APPROVED AS TO FORM: ~~ Matt ~~ on, Laurel City Attorney 4 INTERLQCAL AGREEMEI~FA' 11EkINITION OF PUSI.IC 13E.4.LTIi: Public Health in Montana is deftned as an applied science designed to promote individual, community and environmental health by understanding, anticipating and responding to the health-related needs of Montanans in their community- Public health responsibilities and activities are extensive and their contributions are vitally important to the health of Moniatia's citizens. Pur3Lic IiEALTkI Cork: Fuxcrlotis AItE: 1. Assessment of health status, trends, risks and resources. 2. Health promotion. 3. Protection from health risks. 4. Assurances of health service availability and quality. 5. Policy development. 6. Leadership, technical expertise and administration. WHEREAS, the Board of County Cotrunissioners, Yellowstone County, Montana, created a multijurisdictional health service district named Yellowstone City-County Health DcpaRment (hereinafter called YCCIID), purstrantto Section 7-11-1102, MCA, on October 3, 1997; The following political subdivisions of the State of Montana enter into this Agreement. to be effective January 1,1998: • Yel]owstone County, Montana, called County; • City of Billings, Montana, called Billings; • City of Laurel, Montana, called Latuel. 1. The parties propose by this Agreement that the District shall have all authority permitted to be held by local Boards of Health according to Part 1, Chapter 2, of Title 50, of Montana Code Annulated. 2. Board membership is as follows: a. Existing Board membership will expire December 31, 1997. b. The Bylaws of the Board shall require that the Board membership be of not less than twelve (12) members, nor more than 5ftecn (1 ~) members, and shat! require that at least two (2) Board members shall be appointed by the Boazd of County Commissioners of Yellowstone County, at least two (2) Roard members shall be appointed by the Mayor with consent of the City Council of the City of Billings, Montana, at least one (1) member shall be appointed by the Mayor with consent of the City Council of the City of Laurel, Montana (l~4CA 50-2-106), and the remaining 7- TNCERLOCgt, AGRL•EMENT SEPTEMBER, 1997 PncE 2 of 3 10 board positions will be filled by the Board of lYealtlr. Initial selection shall be as follows: i. BY the Board of County Commissioners of Yellowstone County: 1) One (I) members whose temp shall expire December 31, 1999 2} One (1) member whose term shall expire December 31, 2000 ii. By the Mayor with the consent of the City Council of Billings, Montana 1) One (1) members whose term shall expire December 31, I999 2) One (1) member whose term shall expire December 31, 2000 iii. By the Mayor with the consent of the City Council of Laurel, Montana 1) One (1) member whose term shall expire December 31, 2000 ' iv. By the Boazd of Health 1) Three (3) members whose term shall expire December 3l, 1998 2) Two (2) members whose terra shall expire Lecember 31, I999 3) Two (2) members whose term shall expire December 31, 2000 c. After the initial staggered appointments, all positions will be for a period of three; (3) years. 3. Bylaws of the existing Board of Health shall continue in effect until such time as the Board revises or repeals current by-laws (MCA 50-2-1Or7. 4. Each party agrees that it hereby delegates authority for administration of the health-related programs under its jurisdiction to the Boazd. This authority shall include administration of approved budgets, the existing equipment, existing space utilised, and employment of the Execurive Director who will employ suitable personnel to carry out the purposes of the District. All asseU and liabilities of the current YCCHD shall transfer to the new, multi jurisdictional health service effective January 1, 1998. 5. The intent of this Agreement is to integrate all appropriate city and county health activities into the District as of January 1, 1998. Current employees of the YCCHD shall be transfencd to the employment of the District as of such date and shall be guaranteed transfer of then existing personal benefits, including annual leave, sick leave and retirement. 6. The Board of Health shall employ a Health Officer as defined ht MCA 50-2-116. 'lhe power and duties of the Health Officer are as specified in MCA 50-2-118. YCCI-iD shall provide such reasonable and necessary services as are consistent ~~ith the purpose of the enabling legislation to the limit of available fiznds. In discharging such responsibility YCCHD shall seek to cooperate with and, where appropriate, to contract with other state, federal and pri~xte organizations having mutual interests. YCCHD is empowered to enter into contracts, including contracts to receive grant monies and contracts for personnel assistance so far as the sank shall be consistent with the purpose of enabling legislation. All I'CCHD monies are to be contracted directly to the District governed by the Board of Health. ixrER1,OCAL AG[tEEtvrF.xr SFV'r[aatex, 1497 PaGS 3 of 3 8. YCCHIJ shall be funded through federal, state, private funds and the Health Mill through the County mill levy (MCA 50-2-111). The Boazd of Health will present the budget on County mill dollars each year to the Boazd of County Commissioners for approval. 9. YCCfID shall annually render a report of its financial condition to the City Councils of Laurel and Billings and the Board of County Commissioners of Yellowstone County, Montana. 10. Each party agrees they will cooperate fully with YCCI3TJ, the Boazd, and the management staff of YCCHI3, in order to carry out this program, and will make all information and facilities available as needed for this purpose. , 11. YCCHD will obtain appropriate inc~,rance, which covers all activities within their responsibility including comprehensive liability insurance, which names each political subdivision as an additional insured party. 12. This agreement can be teruriaated by the n~,r,4,r,ous agreement of the participating ffoups, the County Commissioners of Yellowstone County, the City Council of the City of Billings, Montarr~ and dte City Council of the City of Laurel, Montana. ATTEST: ATTEST: CITY CLERK ATTEST: & RECORDER BOARD OP COUNTY COA~IIvLfSSIONERS YELLOWSTONE COUNTY, MONTANA J ~~~ CHAFRMAN c~+ \'`~CITY OF BILLINirS, MONTANA ~ MAYOR ~ f~ CITY CLERF{ CITY OY LAUREL,114ONTA1vA ,~ MAYOR MEMORANDUM TO: Mayor and Laurel City Council Members FROM: Matthew L. Erekson RE: Ordinance approving the Interlocal Agreement creating the Yellowstone City County Health Department Dear Mayor and City Council Members: We received a request and proposed ordinance from Stewart R. Kirkpatrick, an attorney in Billings, who represents the Yellowstone City-County Health Department (YCCHD). Mr. Kirkpatrick has informed us of a housekeeping matter involving the Interlocal Agreement establishing YCCHD. The City is a party to the Interlocal Agreement establishing YCCHD. The City signed and approved the Interlocal Agreement by Council action on September 16, 1997. Mr. Kirkpatrick requests that the City Council pass the attached ordinance to ratify the City's actions in becoming a party to the Interlocal Agreement. YCCHD is a multi jurisdictional service district, created under an Interlocal Agreement between the City of Laurel, City of Billings and Yellowstone County. A copy of the Interlocal Agreement is attached. The City has had, and continues to have, representation on the Board of Health as set forth at paragraph 2 of the Interlocal Agreement. YCCHD was created in 1997, as a result of legislative changes to Mont. Code Ann. §7-11-1101 (2001), permitting the establishment of multi jurisdictional service districts with health service and health department functions. YCCHD provides health services through the Deering Clinic, and other health related divisions of YCCHD, such as hospice caze and home health services. YCCHD also provides health department functions, such as dealing with sanitary issues, health officer functions, nursing services and, most importantly, public health services. YCCHD has recently been at the forefront of preparing for bio-hazard related contingencies and emergency prepazedness issues for Billings and Yellowstone County. Funding for YCCHD has come from a County mill levy, from federal grant monies, and from income generated through the provision of health services. The City of Laurel, although a party to the agreement, has not, nor is it expected to in the future, provided funding for YCCHD. Recently, Mr. Kirkpatrick advised the Board of Health that the Interlocal Agreement was not properly enacted by the City of Laurel. He has informed us that, under Montana law, a multi jurisdictional service district must be established by an ordinance. See Mont. Code Ann. §7-11-1105 (2001), a copy of which is attached. This means that the Interlocal Agreement must now be approved and ratified by the City Council through the passage of an ordinance. The Interlocal Agreement was only approved by Council action in 1997. We have reviewed the proposed ordinance presented by Mr. Kirkpatrick and find it meets the requirements of Montana law. See Mont. Code Ann. §7-11-1106 (2001), attached. It is my opinion that to participate in the multiyurisdicfional service district (YCCHD), the City of Laurel must pass an ordinance approving the City's participation in the Interlocal Agreement. The City has already signed the agreement; thus all that is required is an ordinance which ratifies the actions of the City Council in 1997 approving the Interlocal Agreement and authorizing its execution, as set forth in the ordinance. Respectfully submitted by the undersigned.