Butte Silver Bow Council of Commissioners Meeting - August 13, 2025
Butte Silver Bow Council of Commissioners Meeting Summary - August 13, 2025
The Butte Silver Bow Council of Commissioners met on August 13, 2025, with 9 of 11 commissioners present (Commissioners Fisher and Mankins excused). The meeting covered a range of topics including a drinking water contamination emergency, rate increases for sewer and solid waste services, the fiscal year 2026 budget, an animal control complaint, use of a parking garage for recreation, and a proposal to sell the 305 West Mercury Business Development Center.
Public Comments & Testimony
- Mitzi Rosillion (tenant at 305 West Mercury, 13-year resident) opposed the proposed sale, arguing the market analysis was flawed by using below-market rents and lacking comparable properties. She stated the building should have a minimum bid of $1 million, citing $1 million spent on a new heating system eight years ago. She noted the building houses 15 mental health counselors, Silver Bow Developmental Disabilities, a commercial kitchen, the county extension office, the coroner's office, and three to four state agency offices, and expressed concern that a new owner could displace them.
- Jim Cambridge (former first director of the Business Development Center) provided history, noting the center opened in 1987, was funded with EDA money, and created over 130 jobs in less than five years. He stated the center has not operated as a true incubator for about 25 years and supported selling the property to a developer to get it back on the tax rolls.
- One speaker commented on communication 2025-318 asking what noxious weeds are present and on communication 2025-371 (Metro Sewer rates).
- Reddy Frost (2000 Roberts Ave) expressed support for the solid waste rate increase if it funds infrastructure improvements.
Discussion Items
- Drinking Water Emergency: Public Works Director Mark Neary reported that around 3:30 PM that day, Montana Resources accidentally cross-contaminated the potable water system by pressurizing a fire hydrant with process water (135 PSI vs. system 65-70 PSI). DEQ ordered a do-not-consume order. Samples were being taken; results expected within 24 hours. Chief Executive Gallagher announced plans to distribute water at the Butte Civic Center and through Montana Resources at McGruff Park.
- Metro Sewer Rate Increase (3%): Proposed increase of 3% ($3.52 per unit annually; $10.57 for single-family units assessed 3 units) to meet debt service requirements and operational costs. The public hearing was opened and left open until final budget adoption.
- Solid Waste Collection Rate Increase (20%): Proposed increase of $21.30 annually per property to cover contracted services with McGree Corporation. The last increase was in 2020. Public hearing left open.
- Fiscal Year 2026 Budget: Director Hassler presented a preliminary budget requiring 370 mills (up from 301.75 mills in FY25, a 25% increase). The county's taxable value decreased 9%. She showed examples where individual residential tax bills would decrease despite the higher mill levy due to lower taxable values. Budget amendments included $115,000 for sheriff dispatch schedule changes and a detective reclassification, $57,000 for cell phone evidence recovery software, and a $136,000 cut to jail-based services grant. Public hearing left open.
- Animal Control Complaint (Communication 2025-395): Colleen Boyle reported aggressive dogs at 2645 Amherst. Director Hogarth detailed 11 years of complaints, including citations, unpaid fines ($1,025 remaining), and multiple unsuccessful attempts to address issues. Commissioners expressed frustration with the system; Hogarth noted ordinances are being rewritten. The body voted to note and place on file (9-0).
- Parking Garage Recreation (Communication 2025-394): David Hutchins requested clarification that law-abiding citizens may recreate on the upper level of the parking garage. Discussion centered on liability; county attorney and chief executive noted it would require a special use permit and insurance. Motion to hold in abeyance passed (9-0).
- Sale of 305 West Mercury (Communication 2025-420): Director Burns requested authorization to issue an RFP to sell the Business Development Center with a minimum bid of $450,000, requiring the buyer to honor current leases and maintain the building as a business incubator. Commissioners debated the valuation (market analysis used 10% cap rate vs. 7.5% cap rate from two years ago). Commissioner O'Leary argued the property is undervalued and proposed $750,000 minimum; Commissioner Anderson moved to deny the RFP. The substitute motion failed 5-5. The original motion to concur and issue the RFP passed 6-4.
Key Outcomes
- Adopted: Note and place on file communication 2025-395 (animal control complaint) – passed 9-0.
- Adopted: Hold communication 2025-394 (parking garage recreation) in abeyance for two weeks – passed 9-0.
- Adopted: Concur with communication 2025-420 (authorize RFP for sale of 305 West Mercury) – passed 6-4.
- Left open: Public hearings for Metro Sewer rate increase, solid waste rate increase, and FY26 budget, pending final budget adoption in late August.
- Left open: Communications regarding land sales (2025-249, 2025-318) pending Land Sales Committee recommendations.
- Next steps: Water distribution plan for do-not-consume order to proceed; county to provide water at Civic Center; Montana Resources at McGruff Park.
Meeting Transcript
Can Commissioners please check in? Yeah. Two hours without guilties on all three. I'll bring the Butte Silver Bow Council of Commissioners meeting to order for Wednesday, August 13th, 2025. Can we please have a roll call? One presiding, nine present, two absent. Okay, thank you. Please let the record reflect Commissioner Fisher and Commissioner Mankins are excused from tonight's meeting. Commissioner Walker, would you please lead us in the prayer and the pledge? Next item on tonight's agenda is any public comment on any items on the agenda. If there's any member of the public that would like to speak on any items on the agenda now would be your opportunity. Welcome. Please state your name and address for the record and the communication that you're going to talk about. We do ask that you keep it within three minutes. My name is Mitzi Rosillion. I live at 815 West Granite, and I'm commenting on communication 2025 420, which is a communication regarding 305 West Mercury. I am a tenant at 305 West Mercury, and I have been for 13 years. When here hearing about this request for proposals to purchase, I was concerned because the tenants had been told by staff a year and a half ago when there was no longer going to be any on-site management, that the tenants would have the opportunity to discuss with staff any major changes that were going to happen in the operation and management of the facility. Since we were not given that opportunity, I'm here to give you my thoughts and my concerns in this particular venue. First, I'm my concern has to do with me being a Butte Silverbow property man um taxpayer, not only for personal property, but also including the property taxes that my business in the incubator pays on the space that it rents from Butte Silverbow. It's my opinion that the market analysis of the property is flawed, and um be because it's based on current rents paid and comps, of which I think there are few comps in this community, giving the size of this particular facility and its condition. The minimum bid should be set much higher, I believe. As a longtime renter, I have paid um a very modest wage that has had only one increase in the last two years, and it's considerably under the rent that would have been required elsewhere in this community to the tune of half or maybe even less than that of what it would be in another facility in our community. So I think because it's based on current the market analysis or the market analysis was spent on based partially on current rents, that is a false um con comparison. During this property, for example, uh during this time I have a residential property that I um co-own, and one of the units has gone up almost half in the same period of time. But there's no such thing has happened with the tenants at our particular building. Given that the market analysis is not based on comparable office space prices in our town, I believe. It's my opinion that the base for the property should be double what it currently is suggested in the RFP, namely it should be one million dollars. Further, because Butte Silverbow replaced the entire heating system in the building eight years ago to the tune of one million dollars. It is not unreasonable for the taxpayers to expect to receive a higher price. Second, the four criteria listed to be considered in the proposal of evaluation, maybe noble, but I cannot imagine how those goals will be made part of a deed of transfer or enforced in any way whatsoever. So regarding the current leases, I believe all the leases that are currently in effect are for one year. I know that my lease expires in April. So should the new owner decide to essentially vacate the entire building, and I'm not saying they would, but there's no way we can tell. And as someone who has a lot of stuff, um, I'm telling you, other people in the building have a lot of stuff. And so that um clause is really does not do any direct benefit to the tenants going forward, in my opinion. Um regarding the encouragement of small business development, I would say that Butte Silverbow has done nothing in regard in that regard except for charging the small amount for rent and having a copy machine in the building for over the past 13 years. And if we're expecting the new owner to do this, seems disingenuous when Butte Silverbow has not done it itself. Ms. Rosillion, I just if you could um I'll just skip to the part about I want you to know something about some of the tenants that are in the building right now. I believe there are 15 mental health counselors in the building, Silverboat Developmental Disabilities Office, and Commercial Kitchen, the County Extension Office, Coroner's Office, and three or four offices that are occupied by state agencies. At a time and society when we should be and are now encouraging access to mental health care and supporting those with developmental disabilities by selling this property. We may be taking we may be taking away those opportunities depending on who purchased the building, how much the rent will be raised, and um the current tenants' appetite for disruption. Perhaps it's just a small part of the story, but I trust you will consider this when you deliberate issuing the RFP for the sale 305 West Mercury. Thank you. Thank you, Ms. Rosillion. Is there any other member of the public that would like to speak on any item on tonight's agenda? Welcome. Please state your name and address for the record and the communication that you refer are referring to.
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