MAYOR PROPOSES TAXATION WITHOUT REPRESENTATION FOR CARBON COUNTY RESIDENTS

by Denise Rivette

“The City will prepare and offer a new joint agreement and will also prepare bylaws to operate the airport should mutually acceptable terms not be agreed on. Again, if Councilmembers or anyone in the public arena have any proposals, please do not hesitate to send them my way. Ultimately, Council will have the opportunity to approve, amend or deny any proposals. These agreements are intended to last a long time. So, we want to make sure there's input to create a good agreement. And we want everyone to be informed. I hope to have these items for Council review at the next meeting.”

Red Lodge Mayor Kristen Cogswell City Council meeting June 13, 2023

On June 15, the Red Lodge City Council sent a letter with their Resolution No. 3627 to the Carbon County Commissioners in an attempt to clarify their position on the airport.  They made three points:  (1) the Council wants to reach a workable interlocal airport agreement, (2) that it is not necessary to establish the legality or authority of the mayor’s actions before proceeding to mediation, and (3) that “this is a timely matter that needs resolution” and they would like to move to mediation to “discuss the issues, including but not limited to, a potential agreed upon boundary of the Airport.” 

On June 16, Red Lodge Mayor Kristen Cogswell sent the Carbon County Airport Board (which includes all three Commissioners) her proposed “Joint Airport Agreement”.  The agreement as proposed would sever the administration of the airports from one another and the County.  Red Lodge City Council did not have the opportunity to review, approve, amend or deny Cogswell’s proposal before it was sent to the County.  Councilmembers became aware of the document upon receipt of their carbon copy (cc) via email after it had already been sent to the Carbon County Commissioners.  Cogswell ends her cover correspondence to the Commissioners with, “Please share your comments and/or concerns.  This is an offer, and your suggestions are always welcome. I would like to share the proposal, along with your comments, at the next Council meeting June 27.”

In broad strokes, Cogswell’s proposed Joint Airport Agreement dissolves the interlocal agreement for both Red Lodge and Bridger and creates two new boards: one for Red Lodge (consisting of Red Lodge appointees) and one for Bridger (consisting of Bridger appointees).  Under the terms proposed, the Bridger airport board is to be run on the same terms and conditions as the Red Lodge airport board.  The County appears to be relegated to continuing to fund both airports at their current level with no representation on either board.  When contacted, Clifford Shultz, Mayor of the Town of Bridger, stated he was not consulted by Mayor Cogswell and had not seen the proposed agreement.

On Tuesday, June 20, the Commissioners responded to both communications via one email.  As to the Council’s communication, they stated that they weren’t asking them to determine the Mayor’s authority, “the County has simply been trying to determine the City Council’s position as to whether the mayor’s termination was, in the City’s view, a valid termination , in order to assess whether the mayor’s actions put all parties to the Agreement on a path of termination, or on a path of mediating specific issues arising under the Agreement.  Given that the City’s termination is now clear, in that the Mayor claims authority for the termination, and the Council is not taking a position to the contrary, there is currently no reason for the parties to attend mediation…”.  The Commissioners characterized mediation as “an unnecessary and unwanted expense for the parties.” 

As to the Mayor’s proposal, while they did not detail their “myriad concerns with the content,” they did state they will not consider any proposals unless “offered by and approved by the City Council as the City Attorney has opined, as supported by the City’s Charter, that the Council is the only body with the authority to enter into such an agreement.” The Commissioners also stated that “although the Mayor has repeatedly excluded the Town of Bridger from these discussions, any proposal will necessarily need to include the Town of Bridger as well…. The County believes that this course of action would be more cost- and time-effective than the Council’s proposed mediation…”

Following delivery of the Commissioners’ response, emails between the County and City attorneys were exchanged wherein Dennison Butler for the City pushed for dates and a specific mediator and Alex Nixon for the County explained that there is “no obligation or desire, on behalf of the County, to mediate.” His point being that there is no existing agreement to negotiate, and a mediator is an unnecessary expense to the taxpayer when entering negotiations for a new agreement.  Nixon requested that the City clarify whether they wish to proceed with the termination of the Board or stay the termination, allowing the three parties to negotiate a new agreement.  Butler offered to pay for a mediator out of his budget.  Nixon replied that money, while a factor, was not the only factor.  He stated, “it would be far more productive and cost-effective to start by trying to negotiate an agreement and define the position of the parties.  I have every confidence the Council can articulate a proposal and start the negotiation without outside help.  Your offer is appreciated, but it doesn’t change the County’s position.  We look forward to seeing the City’s proposal.”

On June 21, Bridger’s Mayor Shulz wrote to the County Commissioners:

“On behalf of the Town of Bridger I write to respectfully inform the County and the City of Red Lodge that the draft "Joint Airport Board Agreement" proposed by the City of Red Lodge on June 16, 2023, appears to be ill advised.

The current arrangement reflects a well-established working relationship between Bridger, the County and Red Lodge that has benefited our communities for many years. It should not be precipitously terminated.

The terms of the proposed agreement do not appear to be in Bridger's best interest and Bridger therefore urges the parties to continue operations under the 2018 agreement.”

The Red Lodge City Council is scheduled to address this situation at their Council meeting Tuesday, June 27, at 6:00 p.m. at Red Lodge City Hall.

When asked for his opinion on the situation, Carbon County Commissioner Bill Bullock reflected, “It’s sad that this administration has taken this approach.  Given the years that this agreement has been in place, and the improvements made to the facility, it is baffling why the City of Red Lodge/City Mayor has taken this position.”