County may dunk 'doughnut' deal

The Flathead County commissioners will consider a resolution to rescind the interlocal agreement between the county and Whitefish on Thursday at 10:30 a.m.

The 2005 agreement created a two-mile "doughnut" boundary outside Whitefish's city limits that the City Council regulates.

Commissioner Gary Hall is spearheading the effort to wrest control of the doughnut away from Whitefish.

"Nothing would make me change my mind about this," Hall said. "Zero. There's no turning back. I'm 1,000 percent committed to rescinding the agreement."

Tension between the county and Whitefish has been growing over the past few years. With the city's adoption of its growth policy and the highly contentious critical-areas ordinance, Hall said the county must step in.

"We need to get county authority back in the hands of the people in the county," he said.

On the opposite side of the spectrum stands Commissioner Joe Brenneman, who said he hasn't "seen anything close to a convincing argument to revoke or threaten to revoke the interlocal agreement."

"There are all kinds of questions that haven't been asked," Brenneman said. "How much will it cost to do the planning up there that Whitefish is now doing? How are we going to rezone the doughnut? There are a lot of questions that seem relevant to this."

The important swing vote will be Commissioner Dale Lauman, who was out of town Monday and not available for comment. Lauman in the past has expressed a willingness to consider revoking the interlocal agreement.

Hall said he plans to take action on Thursday and has drafted a resolution that he and county Deputy Attorney Jonathan Smith will review today.

AN IRONIC wrinkle in the upcoming fight is that Hall was instrumental in creating the interlocal agreement in 2005.

"I felt, naively enough, that this is how we should work together," Hall said. "I was very much in support of it."

Hall said that at the time he had a positive working relationship with the Whitefish City Council, even gathering with some of them to pray before meetings.

That warmth quickly turned cold.

"It's gotten really bad, really fast," Hall said, adding that he blames former Whitefish Planning Director Bob Horne for some of the polarization that now exists in Whitefish.

Horne helped draft the Whitefish growth policy and had his hand in creating the critical-areas ordinance. He continues to do consultant work for the city.

Hall said the public outcry from people living in the doughnut area has forced his hand.

"I don't even have a choice," Hall said. "The people in the county can't deal with Whitefish being rude to them and making it impossible to do anything with their property. How in the world can I stand by and let them do that to the people of the county?"

Hall, who is up for re-election this year, said the resolution is not politically motivated.

"I don't make decisions based on what's popular or what will get me votes," he said. "I'd have an easier life if I just said, 'Do whatever.' I'm not doing this to gain popularity. This just happened to fall now."

IF THE commissioners rescind the agreement on Thursday, the immediate fallout is uncertain, but lawsuits are likely.

Whitefish is holding firm, maintaining the county doesn't have the authority to unilaterally rescind the agreement. Whitefish City Attorney John Phelps said such a vote would be "meaningless." Phelps also wonders if the outrage over the interlocal agreement is contained to a vocal minority.

Hall said he lays awake at night thinking about this issue, and that it is the most stressful time he's gone through as either a county commissioner or as mayor of Columbia Falls.

Hall said he believes that "there is a no-growth agenda in Whitefish.

"This is all driven by power to shut down growth," Hall said. "The county has everything they could want to protect water quality. This isn't about water quality. It's about control and revenue.

"I can't remember feeling as passionate about something as I do about this. Whatever it takes, we're going to rescind this. I don't care if we have to go to the Supreme Court."

Reporter Michael Richeson may be reached at 758-4459 or by e-mail at mricheson@dailyinterlake.com