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ORDINANCE NO. 22-16 An Ordinance of the City Council of the City of Whitefish, Montana, adding a new Chapter 18 to Title 2 of the Whitefish City Code to establish the Whitefish Sustainable Tourism Management Plan Standing Committee. WHEREAS, the City and the Whitefish Convention and Visitors Bureau joined together to develop a Whitefish Tourism Master Plan; and WHEREAS, in January 2018 and June 2018, through Resolution Nos. 18-05 and 18-24, the City the established the Whitefish Tourism Master Plan Steering Committee and changed the name of the plan contemplated by Resolution No. 18-05 to the "Whitefish Sustainable Tourism Management Plan" and the name of the Committee to the "Whitefish Sustainable Tourism Management Plan Steering Committee"; and WHEREAS, on September 21, 2020, the City Council adopted the Whitefish Sustainable Tourism Management Plan which provides a strategic, long-term vision and framework for the sustainable future of the Whitefish tourism economy; and WHEREAS, the Whitefish Sustainable Tourism Management Plan recommended establishing a standing committee to oversee the recommendations of the Plan with a long-term goal of hiring a "sustainability coordinator" that will function to implement the Climate Action Plan as well as the Sustainable Tourism Management Plan; and WHEREAS, on October 19, 2022, the Whitefish Sustainable Tourism Management Plan Steering Committee met and voted to recommend the establishment of a Whitefish Sustainable Tourism Management Plan Standing Committee; and WHEREAS, on November 7, 2022, the City Council considered an ordinance establishing the Whitefish Sustainable Tourism Management Plan Standing Committee, but the ordinance failed on a 4-1 vote, pursuant to section 1-6-2-E-3 of the Whitefish City Code which provides ordinances may only be passed by the vote of the majority of the members elected; and WHEREAS, on November 21, 2022, a City Council member who voted with the majority on November 7, 2022, moved to reconsider the ordinance establishing the Whitefish Sustainable Tourism Management Plan Standing Committee; and WHEREAS, thereafter, the City Council approved Ordinance No. 22-16 establishing the Whitefish Sustainable Tourism Management Plan Standing Committee on a 5-1 vote; and WHEREAS, establishing the Whitefish Sustainable Tourism Management Plan Standing Committee will be in the best interests of the City and its inhabitants. NOW, THEREFORE, be it ordained by the City Council of the City of Whitefish, Montana, as follows: Section 1: A new Chapter 18 to Title 2 of the Whitefish City Code is hereby added as follows: 2-18-1: STANDING COMMITTEE ESTABLISHED: There is hereby established a Whitefish Sustainable Tourism Management Plan Standing Committee, hereinafter "committee." 2-18-2: PURPOSE, POWERS, AND DUTIES: The purpose and duties of the committee are to assist in the implementation of the Whitefish Sustainable Tourism Management Plan by establishing a working timeline for implementation, recommending actions and budget priorities to the City Council or City management, tracking progress towards the Plan's goals, updating the data collection and benchmarking, ---PAGE BREAK--- priorities and the short-term work plan. Nothing in this chapter shall be construed to empower the committee to authorize or prohibit the use of public funds. 2-18-3: MEMBERSHIP: A. Appointment; Compensation: The committee shall have nine members. Members of the Committee shall be appointed by the Mayor with the consent of the City Council. Four members-at-large (must be a city resident with experience in, knowledge of, or perspective on tourism and its relationship to the Whitefish community). Two members may reside outside the City of Whitefish, as long as the member resides in Flathead County and has an ownership interest in or a managerial position at a business located and operating within the corporate limits of Whitefish. One member from Whitefish Mountain Resort. One member from the Whitefish Convention and Visitors Bureau. One member from City staff or City Council representative. The city clerk shall make appropriate notation of a member's representation category on the official committee roster. Committee members shall receive no compensation. B. Terms; Positions: Committee terms shall be for two years. There are hereby created positions numbered 1 through 9 inclusive of the members of the committee. The initial term of the committee members shall be staggered, with positions 1 through 5 serving two year terms, and positions 6 through 9 serving one-year terms. The initial term for members serving pursuant to this chapter shall begin upon appointment and terminate on the date specified below for each position: Position Number Representation Category Initial Expiration Date 1 Member at Large Owner/Manager December 31, 2024 2 City Staff Member or City Council Representative December 31, 2024 3 Member at Large December 31, 2024 4 Whitefish CVB December 31, 2024 5 Member at large December 31, 2024 6 Whitefish Mountain Resort December 31, 2023 7 Member at Large Owner/Manager December 31, 2023 8 Member at Large December 31, 2023 9 Member at Large December 31, 2023 C. Removal Of Member: A member may be removed from the committee by majority vote of the city council for cause upon written charges and after a public hearing. Willful disregard of this chapter and the rules of procedures of the committee, or absences from three consecutive meetings, including regular and special meetings, or absences from more than fifty percent (50%) of such meetings held during the ---PAGE BREAK--- calendar year shall constitute cause for removal. Circumstances of the absences shall be considered by the city council prior to removal. Any person who knows in advance of his or her inability to attend a specific meeting shall notify the chairperson or secretary of the committee at least twenty-four (24) hours prior to any scheduled meeting. D. Vacancy: Pursuant to subsections A and B of this section, any vacancy on the committee shall be filled by the city council acting in a regular or special session for the unexpired term of the position wherein the vacancy exists. The city council may appoint members of the city council to temporarily fill vacant positions on the committee. 2-18-4: ORGANIZATION: A. At the committee's first meeting and the first meeting of each calendar year, the committee shall elect a chairperson, vice chairperson and secretary. If a vacancy occurs in an officer's position, the committee shall elect a member of the committee to fill the vacancy at the next meeting. Upon the absence of the Chairperson, the Vice Chairperson shall serve as Chairperson Pro Tem. If the secretary is absent from a specific meeting, the attending members shall elect a Secretary Pro Tem for the meeting. The secretary need not be a member of the committee and shall keep an accurate record of all committee proceedings. B. The committee shall meet quarterly or more often as needed. 2-18-5: MEETINGS, RULES AND REGULATIONS: The majority of the committee shall constitute a quorum. Not less than a quorum of the committee may transact any business before the committee. The concurring vote of a simple majority of members present shall be necessary to decide any question or matter before the committee. The committee shall adopt rules of procedure for the conduct of meetings consistent with statutes, the city charter, ordinances and resolutions. The committee shall meet at least annually, and at such other times as the committee may determine. All meetings shall be open to the public. 2-18-6: STAFF SUPERVISION: The committee shall have no supervisory control and shall not direct city staff in the performance of their official duties. 2-18-7: EXPENDITURES: The committee shall not have authority to make any expenditures on behalf of the city or disburse any funds provided by the city or to obligate the city for any funds. Section 2: This Ordinance shall take effect thirty (30) days after its adoption by the City Council of the City of Whitefish, Montana, and signing by the Mayor thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, ON THIS 5TH DAY OF DECEMBER 2022. John M. Muhlfeld, Mayor ATTEST: Michelle Howke, City Clerk /s/John Muhlfeld /s/Michelle Howke