I'd like to call the Butte Silver Bowl Council of Commissioners regular meeting for Wednesday, August 20th, 2025.

Clerk, could we please have a roll call?

Eleven president, one absent.

Eleven present, one absence.

Please note the Commissioner Anderson is uh absent from today's meeting.

Uh Commissioner Walker, could you leave us with in the prayer and the pledge?

Uh we make decisions by our community.

Next we'll move to any public comment on any item on the agenda.

And I want to note that we are also um we have public hearings still open, so this is a time for the public comment on that as well.

So we have uh out of the committee of the whole communication number 2025-371.

Um this is our budget ones.

Um communication number 2025-372, and communication number 2025-373.

So this is a time that the public could come up and comment on those, but you also can comment on anything that's on tonight's agenda.

Ready for us, 2000 Roberts Avenue.

I'm glad you uh said that because I actually was gonna come up here and ask that.

Um after doing a little bit more research and talking to a f a few folks.

Um it's come to my attention that we're Butte Silverbow is um passing a budget for 2026 when it has open uh contract negotiations.

With some of the uh the unions that work for it, or that uh union employees working for Beats Overbo.

And that just is a little bit confusing to me.

I don't understand why how that's possible.

But um Yeah.

Thank you.

Thank you, Mr.

Frost.

Is there any other public comment on tonight's agenda?

Please come forward, state your name, address, and what you'd like to speak to us about.

I'm via Earrett, and excuse me, this is my first meeting.

I I am on the agenda.

I didn't know if I would have a chance at that point, or if this is I'm uh four zero.

Uh twenty twenty-five-four twenty-six.

I didn't know if you're I did so at the time because it is on the agenda, you will have an opportunity at that time when we get to that point of the of the agenda for you to be able to come up and speak if that will work.

There is another member of the public who wanted to say something.

Is is that is it that the appropriate time later?

It that could be yeah, he should do it now, and then you'll be called upon when your communication is there.

Okay, thanks.

Sorry for my ignorance.

I just think that we appreciate you being here.

Thank you.

My name is Chris Marshawn, M-A-R-C-H-I-O-N.

Live at 2105 Garfield in Annacona, Montana.

I'm a member of the Beaverhead Deer Lodge working group, have been for a long, long time.

This request is for um support for that group.

And uh I'd be happy to ask answer any questions uh about what we do.

Um I think it's really important to this uh community.

We were integral in uh base and crick, all the development out there with the Forest Service over the last four or five years.

Our group played a big role in that.

Um Jim Keenan is is on our group.

Um and so we've done that, but I also think I just would say real quickly um two things.

Uh most of the projects and things that we do are not in Butte Silver Bowl County.

But on Friday evening, when everybody's heading out of Butte and their RVs and their record are going out to recreate, the majority of them are going to end up on forest service ground one way or another to whatever whatever kind of recreation they do.

Um and recreation is the number one industry in the state of in the state of Montana.

So you have a dog in this fight, and I think having an advisory group that meets here in Butte is is really a good thing.

And I if you have any questions about the group uh membership kinds of things focused on, I'd be happy to answer.

Thank you.

Thank you for your comment.

And we know that you'll be available if needed when we go through this.

Thank you.

Is there any other public comment on any item on tonight's agenda?

Seeing none, just so the public knows we will be keeping the public hearings open for the budget uh communications, so just so the public knows that as we move forward.

Next, I'll move on to approval of the minutes of the August 6, 2025 regular meeting.

Commissioner Morgan.

Thank you, Mr.

Chief Executive.

At this time, I make a motion that we approve the August 6, 2025 regular meeting minutes.

Second.

We have a motion and second to approve the minutes for the August 6, 2025 regular meeting.

Is there anything on the question?

Could commissioners please vote?

And would anyone like to change their vote?

Clerk, please record the vote.

11, yay, zero nay.

11 yay, 0 nay.

Motion passes.

Moving on to we don't have any items not addressed on tonight's agenda, so we'll move on to the chief executive's report.

I handed out a little uh just uh a note there on some books, and I just wanted uh the commission and the public to know that I need my reading glasses.

Butte was uh selected as to receive to receive a place in the exceptional places books.

Um they said that your fascinating city received one of the longest, most positive profiles ranking number two in the regionally exceptional category in the new book, exceptional places.

Um exceptional places takes readers to more than 200 uh nations, most iconic and intriguing historic places.

The new book details how historic attributes meld with contemporary development to create inviting places to visit or live.

You see how the historic charm and modern life can blend to create unforgettable places to visit or call home while exploring the challenges of preserving authenticity in the face of change.

So that's uh a nice honor that we're in that book and that they had us as the number two place in that.

So I I wanted to uh let the public and the commissioners know that.

So in case people were sleeping over the last week, there's a lot that's happened in the last week in Butte.

And uh if you remember last Wednesday on the 13th, we came in here reacting to uh a real crisis situation in our community um with the cross contamination, uh cross connect that had happened at Montana Resources that required us to report to the DEQ, which ultimately led to uh do not consume order.

From that point on, I just wanted to recognize the efforts that went on.

By 10 o'clock that night, every business had been notified about the do not consume order.

Our health department, along with uh James Olet um from HR, our our emergency our uh yeah, our trainer for emergency services and all the other things that we do.

I I just missed his title, but they went to every single business and let them know what was happening.

Um we also sent out notices through the media.

We figured out our Everbridge system that night, and we've continued to improve that.

But throughout the days, testing and flushing happened immediately within one hour of that notice, all of that stuff was happening, and that's a credit to the public works department.

Um, and and um Mark Neri as the director, Jim Keenan as our um our plant operator superintendent, all the testing was being done and sent off.

DQ, along with Montana Resources, worked with us to get all those samples done, sent in, sent to the labs.

We sent them to two independent labs, including the Montana Bureau of Mines to analyze the waters for the from the mine as well.

By Friday, we were able to use a model to scale that down to a certain area in case if by chance some of those contaminants came out where they could have got to, and that's why that map was was concentrated, and we were able to designate a designate a uh uh a smaller portion of Butte during that time.

That did not mean that there was any contamination, it was just if there happened to be that that's that could have been the area that was there.

During that whole time we stood up a water distribution center.

We had employees from every department in Butte Silverbow step up and go down and volunteer time to do that.

Um it's hard to talk about the um the effort that went into this and the volunteers that stepped up just to make sure that the community was taken care of.

I can't I can't speak highly enough about everybody that did that.

So since that time, and then also the hotline for to take questions and answers, we had seven lines at one time going.

Um since that time we've continued to take samples and continue to work with the labs, continue to work with the DEQ to uh step that down.

And so on Sunday, that's when they stepped down even from that modeled area from a do not consume to a just a health advisory that says if you're vulnerable in the most vulnerable population, you probably shouldn't drink the water, but it's essentially an advisory.

It's not a do-not boil, again, no contaminants have been found in any single sample that we've had.

Now I know that some of the public has called for those samples and the analysis that that's been out there, and so I want to let the commissioners and the public know that we are going to send that out.

Um we needed to go into that data because there are some specific addresses on there that identifies people's houses and which could identify people as well.

So we had to be sensitive to where some of the samples were.

So we had to go in and look at that that data just so that it isn't out in the public of the actual residents.

We have all the locations, but those it'll give more geographic location where those samples were taken rather than the actual address.

But we did do resident sampling as well.

So all of that was taking place.

So as of as we step down from the DEQ's position on on Monday, um, we were able to say that we're off the do-not consume to it's a health advisory, and we've continued to distribute water.

Now we're to the place that we will deliver the water to the most vulnerable if they call the hotline and ask for that, we will deliver that to them.

We still have that going so that people have that water for them to drink during this time, and we feel very strongly as more results come in, they're having us retest some of those areas again.

Um, but as the results come in by hopefully the end of the week, but if not by Sunday, we'll have fully cleared Butte Silver Bow.

But I again want to emphasize there hasn't been one sample, and the results will send them out.

We want to make them easily digestible as well because they're like hieroglyphics to a lot of people.

If you don't know how to read those those sample analytics.

So to make it digestible for people to be able to look at.

So those things have all gone on, and again, we we haven't stopped working to take care of that issue, and so again, I want to congratulate every single department, including you know, I I don't want to single anybody out, but Civic Center staff, they they stayed down there, they had somebody there to help distribute, finance and budget, our our again public works, our um planning department, everybody um community development, community enrichment, parks, everybody was involved.

So just to that level, I you can be proud of the work Butte Silver Bowl employees did in this crisis situation.

So also kind of I see that it's out there, and I was going to report to it to this commission today, anyhow.

Um, we were myself and Karen Burns were invited to go visit the SABE data center in Quincy, Washington yesterday.

And uh Mr.

Sabie came to Butte and picked us up in the their private jet and flew us to Quincy, Washington to visit the data center.

I want to be clear that this was no luxury trip where we were uh a lot of with gifts or anything of that nature.

Our schedule as we went, we left here at 8:30 in the morning, we arrived in Moses Lake at uh just about 9:30 a.m.

We traveled to the SABE data center, we had uh a tour of the Davy Center, uh the SABE data center.

Then we had a working lunch where we met with local leaders, local educators, and SABE employees about the SABE data center.

Then we traveled back to Moses Lake and we flew home and we were back in Butte by four o'clock.

But during that time, it was important to say who was with us.

The chief executive from Anaconda and their planning director uh was also with us.

Three members of Northwestern Energy were with us.

Um Mark Taylor that works for SABE was was with us.

Uh Matt Cottle that works for SABE was with us, and then Mr.

Dave Saby himself was with us on that tour.

So during our tour, we uh got a tour to see what the modern data centers look like, and I can tell you it is nothing that I ever envisioned that they would be.

They're beautifully landscaped, they have security completely around the fence yard that you go in there.

They're an industrialized building, but they have a great estate to the outside, and the noise level at at the data center is pretty much non-existent.

The center that we went to is a closed water system, so I know that there's there's questions about them using Butte water, and and I think that that is something that they're looking at with us, and um that that is one of the things that could be a benefit to them, but they do run systems that are closed water systems that uh, and that's what this one was as well.

It's the cleanest facility that I've ever walked into.

SABI itself develops the data centers and they and they um they actually function as the as the landlord for it, and then they have tenants, and they're large companies, they're tenants inside of that, and they could be large companies, medium companies, uh department of defense companies.

So SABI themselves has their employees, but each one of those companies also have technicians that are working with inside those data centers.

When we got a meet with the local government officials and then also the the superintendent of schools, they talked about the agribusiness that has been really a lot of it that's been lost, the aluminum plant that was lost, and how that how economically challenged Quincy was.

Since the data centers have come to Quincy, they've built a state-of-the-art high school, remodeled their old high school to be their junior high, and built two more grade schools there.

They built a state-of-the-art courthouse, they built new parks, new hospital, and a new library in Quincy with the tax base that has been created from data centers there.

I just wanted just to give the tax implications.

I'm not here to tell you what you know that we need to do this.

We've already approved SABE to take an option on some land that we have, but I wanted to tell you about the the financial impacts that were there.

Jobs that are created there are entry-level technicians that start uh right off the bat there, computer programmers, HVAC people, and the electricians, the number of people that were working round the clock, and then consistent construction that's happening.

And so it was good to see how this functioned and how all of those pieces were together, and it was it was an impressive operation, and also um talking to the the different SABE employees was impressive as well because most of them came from the Quincy High School, and it worked their way through this the SAIB the their levels that they have there, and they they spoke so highly of them.

They have incredible backup systems, batteries, um sensors that go along, state of the art fire facilities, um and as the local government officials said they're very low impact except for their needs around electrical and then also potentially water or the the what they operate as.

We had a cold sandwich at lunchtime and less listen in a bottle of water and listen to the employees there.

Um and uh anyone that would like to check that out and and follow up with uh um chief executive everett over Nanaconda or any of the other people that went with us from Northwestern Energy, you could you could talk to them as well.

Okay.

So moving on.

As we were there, I was notified as all of you guys probably were notified that Northwestern Energy was merging with Black Hills.

Butte Silver Bow was not informed of this prior to um so uh tomorrow I am meeting with the administration of of uh Northwestern Energy to talk about what the impact could be to Butte Silver Bow.

Um we've had preliminary um communication that says that they don't see any impact with it.

It's still a 12 to 15 month process for this to happen, but they don't see any immediate impact to to Butte.

But I think we need to have that conversation for assurances because I think pretty much everybody in Butte right here and on this panel here lived through the challenges that we had as Montana Power changed over and and uh that as they shut down and and the the challenges to that.

So more to come on that.

We're I'm looking forward to that conversation tomorrow at five o'clock with uh with um Northwestern Energy upper management.

So I just wanted to say, you know, it's been an incredibly challenging week, lots of announcements and and you know crises and and things, but um I I think that the one thing that we can say is that we have people that step up and I understand the fears of the community when things like this happen, but we're working through it.

After this will be all said and done, and we actually uh can put the water um uh crisis to bed, we'll do a hot wash and we'll sit through it and and determine what things we could have done better.

Um I think Commissioner Shea sent me an email about that as we were doing sending out media releases that the commissioners weren't getting that at that time, and so those are things that we don't recognize until you recognize them, and so those are things that will get corrected.

So with that, I'm gonna close the chief executive report.

I know it was a little long-winded, but I thought it was important to talk about those important issues uh in the community.

So next we'll move on to Section One Consent Agenda A one through four and B one through thirteen.

Do we have any friendly amendments and or segregations?

Commissioner O'Leary.

Thank you, Chief Executive Gowler.

I'd like to segregate uh communication three 2025-424, and uh communication 2025-435.

Which I believe is 13.

435 gotcha.

Number 13.

Okay.

Any other friendly amendments and or segregations?

Seeing none.

Commissioner Morgan.

Thank you, Mr.

Chief Executive.

At this time, I'll make a motion that we approve Section 1, the consent agenda.

A committee reports um one through four, B communications one through thirteen with the exclusion of number three, 2025-424, and number 13, 2025-435.

We have a motion and a second to approve tonight's consent agenda.

Is there anything on the question?

Could Commissioners please vote?

And would anyone like to change their vote?

Clerk, please record the vote.

11 yay, zero nay.

Eleven yay, zero nay.

Motion passes.

Moving to item number three.

Julia Craig, Butte Silverbow Planning Director, requesting Council of Commissioners to approve council communication number 2025-318, a request from Corey Biggers to purchase Butte Silver Bow owned property.

Commissioner O'Leary.

Thank you, Chief Executive Gallagher.

I I guess I'd just like to start by saying that I think the way that we dispose of land in Butte Silver Bow is not exactly working the way that it should.

That land was valued presumably by our by our staff and sold uh for roughly $2,000 an acre.

We had the Mammoth Park Parkland.

That was we used the valuation from the state on that one.

We have BSB building in Uptown Butte that we have an RFP out on, and we use some market analysis from a couple different uh real estate professionals.

And now we have uh a proposal in front of us here that is utilizing what I believe to be some version of the assessed value uh, but what's in front of us is a proposal for $4,000 for 35 acres.

And I just really don't think that that's fair to our to our taxpayers in this community.

Uh it's it's uh way, way below market value.

And it's um you all probably got a letter from the assessor uh uh regarding this.

And I think he kind of hits the nail on the head uh in the third paragraph fourth paragraph, third paragraph, he says the sale of public land is an important decision that requires public engagement to ensure transparency and accountability.

There is no indication that the proposed sale has been subject to adequate public consultation or a clear explanation of its purpose, such as a request for proposal process without a clear justification for the sale of any potential benefits to the community, approving the transaction could undermine public trust.

But I think this particular proposal just doesn't uh pass the the smell test of what we should be doing with the disposing of land.

And I'm I'm wondering if uh if planning director Julie Crane could come up and just give us a brief overview of how we are how we came up with this price and you know this how this went through our our land sales uh committee and just give us some explanation of of how that all plays out.

Commissioner O'Leary, Director Crane.

Chief Executive Gallagher, uh Commissioner O'Leary, members of the council.

Uh I don't know the exact date, but Mr.

Biggers uh submitted a communication to the council.

It's been on the committee of the whole agenda for quite some time.

It was initially brought before the land sales committee uh July 28th.

Um at that time there was discussion about the potential sale of this particular piece of property.

It is roughly an acreage of uh approximately 35 acres.

We will not know the exact acreage until a survey has been uh performed.

This particular parcel uh or sale would be the sale of a generally 80-acre parcel that is located uh in the vicinity of Orofino Gulch Road and Browns Gulch Road.

Uh the internal check on this particular parcel and its sale indicated that we were not interested in selling the portion of the parcel that was south of Orofino Gulch Road as we felt that Butte Silver Bow would have an interest in retaining that particular piece of property in the future to allow for municipal um uses.

Uh we don't know what those might be, but um there is a aggregation of Butte Silver Bow land in that area, and it would provide continuity.

Uh to that end, we brought the proposal for 35 acres to the the land sales committee in July, and when we were engaging in the discussion at that meeting, it became evident that there was no proposed price for the sale of this particular piece of property.

And so the agenda item was held in abeyance until our August 12th meeting, in which we considered the sale again.

And during the intervening time, there was an effort on behalf of both the assessor and the treasurer to look at what a land sale in this particular area might uh be valued at.

In that intervening time, and I will uh ask Treasurer Lori Baker Patrick to join me here in a moment to talk about her uh research on this sale.

We learned from the applicant that they would be incurring a between six and eight thousand dollar cost to perform a survey for this particular property.

They would also be required to do a quiet title action on this sale because there is not uh clear and legible title on the property.

Um we could talk about that a bit more, um, but that would be an initial attorney's retainer of ten thousand dollars.

Uh that discussion it was engaged with at the council or at the committee level.

Uh there was a discussion based upon the assessor's valuation of which I believe you have now been provided with an approximate $8,000 per acre.

Uh the treasurer had also done research as well and had proposed a price in consideration not only of her research but the cost that would be incurred by the buyer and proposed a motion in the meeting where we would sell for $4,000 in recognition that a six to eight thousand dollar survey would be required as well as legal fees to clear the title for the parcel.

Um a motion was made.

Uh there was discussion as part of the meeting.

Uh the motion passed, but the vote was not unanimous.

There were several members of the committee that did not vote in favor of the sale.

However, the sale as proposed at fourth has moved for $4,000 and in recognition of Mr.

Bigger's costs was the motion that prevailed, which is the recommendation that was brought to you in the communication.

I'm going to turn the microphone over to Treasurer Baker Patrick so she can discuss a bit more her uh her analysis.

Welcome, Treasurer Baker Patrick.

Thank you, Chief Executive Gallagher, members of council.

Excuse me.

After the July meeting, I don't know why I have a throw farog in my throat allergies.

Thank you.

Um after the July meeting, the land sales committee meeting on August 5th, the assessor and I took a ride out to the Oripeno Gulch property to take a look at it.

There was some concern that there was some utilities going through the property, which we did notice some fiber optics that were running across or running alongside the roadway.

Um as we were discussing the property and what the prices would be, um, the assessor and I were not coming to any type of agreement.

So when he went back to his office and I went back to my office, I we both did our own analysis.

Um my analysis were based off of what we've kind of done in the past.

This was really hard because it's an 80-some-acre property that is going to be would be uh survey into a smaller portion.

So I was trying to look at different properties around the area that had about the same number of acreage.

I looked at egg land, non-qualified and regular egg land.

I looked at track land.

Um I I don't know what the biggers' interest is with the property, what they're planning on doing with it.

Um, and I also looked at uh track land, which would be really expensive, but typically it would be non-qualified egg land because it's gonna be over 20 acres.

I made an educated guest of about 32 acres when I was doing my analysis, and um, so I have all my paperwork here of how I went to the different landowners there.

We don't have realtor comps in the treasurer's office.

I can only go off of what we have.

And we're not realtors either.

We're we're just trying to get rid of the surplus property for Butte Silverbow.

Along with my analysis, I did pull the biggers' property, and they do have a portion that's being assessed as non-qualified egg land at five acre 50.8 acres.

And the department of revenue is uh market value in that at $3,086.

So with my analysis, I took about four different properties in those three different classes.

Um track really isn't a good way to do it because it's way more expensive.

The only money we're receiving off that right now because it's exempt property is a at minimum land or uh mile high soils.

So that we're not getting any tax dollars because it's exempt with Butte Silver Bow.

That's another problem that we have because the Department of Revenue does not assess exempt properties like they do a property of mine or yours, okay.

Um so it doesn't increase in value like our properties will until it comes out of the governmental sector and goes into a private name.

So with that, I just with an equated guest of possibly 32 acres.

I learned now that it's probably gonna be a little bit more than that.

I thought $125 per acre at $130 or at 32 acres would be $4,000.

That's the recommendation that I made.

And I'll take any questions.

Thank you, uh Treasurer Baker Patrick.

Uh question for Commissioner O'Neill.

Thank you, Chief Executive, and thank you, ladies, for the explanation.

Um so uh one of my I guess one of my questions of going to sell the property.

I understand Mr.

Biggers is going to um pay for the um survey.

The survey, thank you very much.

But so it's hard for me to say that we we truly don't even know the value of of the property.

Like looking at different properties around the area, just land wise.

Um, you know, whether whether it's you know, the the different classifications, whether it's egg land or whatever land, like for me, it's it's still acreage and there's still houses and development going on in the area.

Um that's why I just find it hard.

So if you look at even Mr.

Bigger's land, it's value, his just says land value on his 20 acres is valued as 67,000.

Um, whatever, however that's valued is how it's valued.

So then I just have a hard time with selling 35 acres right for four grand based up, you know, based upon whatever um we we think it it is, you know, it uh whatever we classify it as if you will.

I mean definitely it's I think it's a surplus property, we want to get rid of it, and it'd be better to be on the tax rule 100 percent.

But um going on another subject of agreeing with Commissioner O'Leary on how we get rid of these, like right now we're we're trying to get rid of a bunch of other surplus properties, and obviously that's not going very well in other parts of our uh town, but um I just think that there we gotta come together and find a little bit better format that and I don't know I don't have the answer to that just yet, but um and again it's not a dig on Mr.

Biggers.

I um uh I'm on both sides, I'm kind of rooting for them too to get it for four grand, but on the other side, as a commissioner for protecting the taxpayers, it just seems like it just seems too good of a deal.

And um, and maybe I'm missing something, but it just seems that um there's gotta be a better way for us to um sell this at the at the right price, if you will.

Thank you.

Commissioner Thatcher.

Thank you, Chief Executive Gallagher.

Ms.

Baker Patrick, uh this might be a silly question, but with the non-qualified egg land, how I understand it is that's between 20 acres and like 160 acres.

How by state law or however, how is that assessed then if it's non-qualified egg land, how do we assess that?

Like what is the return on in property taxes, I guess, for beauty bow if that is how however it's assessed.

Commissioner Thatcher, um, Treasurer Baker Patrick.

Thank you, Chief Executive Gallagher, Commissioner Thatcher.

With the new tax structure that um the Department of Revenue has before us this year, um non-qualified egg land.

Let me find it here, um, is gonna be assessed at a flat rate of 14.35 percent.

Um if it's qualified egg land, it's assessed at I think two point some percent.

But you have to be using the land as egg.

Thank you.

Uh Commissioner Fisher.

Thank you, Chief Executive Gallagher.

Thank you, uh Lord and Julie.

I agree with uh Commissioner O'Leary.

Uh we've got to change the way we're doing things.

When you start selling 34 acres for 115 an acre, and admittedly, uh Baker Patrick and Julia and any of us sitting here are not qualified to put a price on property or land.

I mean, you know, none of us are qualified to do that.

And the formulas we're using are uh outdated, inadequate.

I mean, 34 acres is 34 acres.

I don't care if it's snap wheat out there, 34 acres.

115 an acre, I mean, uh we gotta change the way we're doing things.

And you know, I'm to the point right now after listening to Commissioner Learner.

I know I've been gone for a couple of weeks, but listen to him is I think we've got to uh call the land sales committee into the uh council of commissioners, and we got to reevaluate the way we are doing things because he stated right on it.

There's three pieces of property in the last three or four months, six months here.

We're just not we're just not getting the job done.

And I don't know who's on the land sales committee, and I have no qualm about them, but uh we're just not getting it done.

That thing on Mammoth Drive, that was another one that was uh that was a total cluster.

I mean, when you look at that, we had a developer that uh we actually didn't take his offer and open the door for another person to get in there.

That's not fair either.

And this isn't fair to sell this to one person.

I mean, Biggers is probably smart and intelligent for getting that in there, but I mean, I know a lot of people that don't even have interest in property that for an investment would pay 115 dollars an acre.

I mean, look at Commissioner Callahan, he lives up in that area.

We're getting $2,000 an acre out of the TIFFID.

I mean, and that's kind of just for people to help our communities, though.

I mean, I'm uh I'm to the point where I think we've got to deny this communication and uh get a little follow-up and re-evaluate.

Thank you.

Commissioner Morgan.

Thank you, Mr.

Chief Executive.

Um I also agree that we need to develop a policy on getting rid of Butte Silver Bow property.

It it seems like in the past it was different, it was handled differently, and I'm not quite sure where that communication failed or is changed.

But I I do have a couple of I what the one question that I have would be for I think for Ms.

Crane.

In regards to the land sales committee, is there an actual written document that guides them on this, or is that is it kind of based on what land sales has done historically?

I mean, we we have a letter from our assessor who I appreciate him communicating it.

He's on that committee, right?

And he was able to voice those concerns.

I I I also want that's one question that I'll ask you here in a minute.

I I do want to clear the air on on one thing, being that it was read into the record, that in his letter he says there is no indication that the proposed sale has been subject to adequate public consultation or a clear explanation of its purpose.

I just want to clear the air on that because Mr.

Biggers introduced this letter on June 18th.

So it followed the procedures from a public standpoint.

It's been sitting on our committee of the whole agenda since June 18th.

It's been in a land sales committee meeting, which was publicly noticed, again allowing the public to comment.

And then lastly, it's on the on the agenda tonight, which is this is what happens in the public comment.

I mean, people are having the opportunity to comment on it.

So I don't want to have a misconception out there that we're trying to do anything illegally here.

This thing has asked for public consultation and it has followed the process as far as scheduling of the council goes.

And so from there, I mean, I don't know if he's looking for public an official public hearing or or whatever, that's his prerogative, but I want to clear the air on that because this has followed the procedures and it has been on the agenda for several months.

So back to my question.

Does the land sales committee have a written documentation or what are their guidelines?

And if they don't have any, who would who would create those?

Would it be the council of commissioners?

I mean, I I I just want to remind the commissioners that maybe don't know this.

The land sales committee is an advisory board to the council of commissioners.

So any decision that they make has to come back to this body, hence why we're sitting here tonight to to decide if we sell the any buttesilver bow property.

And in the rules, in order to sell Butte Silver Bow property, it takes a two-thirds vote of the council to do that.

And so that's the checks and balances of that system.

So I'm rambling.

I'll let you answer that question.

Commissioner Morgan, Director Crane.

Thank you, Chief Executive Gallagher, Commissioner Morgan, members of the council.

I would imagine there is a guiding document.

I am going to be forthright and honest.

I have not seen it.

After the uh change in staffing in the land office, uh, I assumed the responsibilities for the land sales committee, and I have done so among other duties and have followed the procedures as I have and and emulated those which I have observed in the past.

And I have deferred to the land sales ordinance here, so section 3.28 of the municipal code.

I have not looked at the exact bylaws of that committee.

Um I can do work to find those, um, but that is an omittance on my part.

Um it is my understanding that there are to be a certain assemblage of members of the committee.

That includes both the treasurer and the assessor as well as several department heads and their representatives.

Uh we also are required to in that uh procedure to follow the procedures to notice uh take minutes and document those discussions.

Um to say that I've read them today, I I I have not seen them.

Thank you, Director Kane.

Follow-up, Commissioner Morgan.

Thank you, Mr.

Chief Executive.

Uh just one other follow-up.

So with the land sales side of things, you and I have had a few discussions a few months ago regarding this, but it used to be that in order for uh a member of the public to want to purchase property, and their property had to physically touch the property that they wanted to purchase.

And then if that was the case, they were kind of given a preferential treatment, meaning that they could go in and buy the the property at the assessed value, but then if it wasn't part of it wasn't theoretically touching the parcel that they wanted to, that would trigger the RFP event.

I I know at one point that that's from what I remember that happened, but that's changed.

I I was told that that was something that has been changed in during my my hiatus onesilver bow council.

So maybe something we need to re-look into to see if that's an avenue going forward.

Thank you, Commissioner Morgan.

Any other questions of commissioners?

Well, um did you have a comment, uh Director Crane?

And then I'll come to you, Commissioner Callaghan.

Go ahead.

Thank you, Chief Executive Gallagher, uh member Morgan.

Uh as part of the modification to ordinance number 3.28, which occurred, I believe, in March of 2024.

I believe the adjacent landing owner policy, it was not an ordinance, but a policy was repealed as part of that effort, um, which went through the judiciary committee.

Thank you, Director Crane.

Commissioner Callahan.

Thank you, Chief Executive.

I guess I just need a little clarification on egg land and non-egland.

Please.

Commissioner Callahan.

Um Treasurer Baker Patrick.

Thank you, Chief Executive Gallagher, uh, Commissioner Callahan.

Um egg land, a use of egg land would be um growing hay or an orchard.

Um that's why it gets a lesser um tax rate.

Non-eg land is not being used as egg, but it qualifies as a non-eg land because it's 20 acres or more.

But the usage isn't egg.

Follow-up, Commissioner Callahan.

It sounds like he wants to use it as grazing land for cattle.

Commissioner Callahan, uh Treasurer Baker Patrick.

Thank you, Chief Executive Gallagher, Commissioner Callahan.

I believe the biggest do not have cattle, so I don't believe it'll be assessed as grazing, but that's for the Department of Revenue to determine.

Thank you.

Okay, good, thank you.

Okay.

Any other questions of Commissioners?

Commissioner Shea.

Thank you, Mr.

Chief Executive.

I just have a question.

I just want a clarification for something I think I heard.

Um the land sales committee factored into their sale price.

Um the fact that uh the purchaser would potentially have large legal fees and a survey fee.

Did I understand that right that that was factored into the coming up with to the $4,000?

Okay.

Okay.

So that is that is in the affirmative.

And to me, I I kind of feel like that feels like the taxpayers subsidizing not only the land sale, but also his expenses.

And I'm wondering what price would the land sales committee have arrived at had they not considered those as factors.

And I know that's speculative, but I just wanted that out for our brains to think about.

Thank you.

Thank you, Commissioner Shea.

Any other Commissioner O'Leary?

Thank you, Chief Executive Gallagher.

I just for for the uh I guess for the greater record for people to understand, I just pulled up a comparable property in Butte that is uh 33 acres, and I pulled it up on our tax rolls, uh vacant land, 33 acres, paid 182 dollars in taxes last year.

So when it's non-qualifying ag you pay incredibly low taxes.

Uh this is essentially selling this at $4,000.

We will never ever ever recoup the cost or the the lost revenue if this continues to be ag land in the future.

So I I just I guess at this point I'll I'll make a motion to deny and and place this on file.

Uh I would just like to say though, I don't oppose selling this land.

I think if it's excess land, we should we should probably get rid of it.

If Beatsobro doesn't have a reason to own this, uh we should get rid of it.

But I think we as a body should come together and decide, you know, put somebody together on how how we want to dispose of land in the future.

Uh I I just don't think that this is it.

And uh I hope Mr.

Biggers will understand that we're just going through the process here.

We have a motion and a second to deny communication number 2025-424.

Is there anything else on the question, Commissioner Thatcher?

Thank you, Chief Executive Gallagher.

I just want to pose a quick question to the Commissioners.

We obviously we continue to run into these issues as far as land sales.

No commissioners have presented an alternative method of doing so or maybe discussed, I'm assuming if has anybody discussed with you, Planning Director Crane or you, Treasurer Baker Patrick, anything regarding selling surplus property as far as the commission?

Commissioner Thatcher, question to either Director Crane or Treasurer Baker Patrick.

Uh Chief Executive Gallagher, Commissioner Thatcher, members of the Commission, I have had conversations regarding the process.

Um as you have all alluded to or are aware of this evening that the recent land sales that have come before this body have been rather contentious and have posed challenges.

Um I among all of you, um, and I think among my colleagues need better guidance.

I think that the let the language that is in uh 3.28 is straightforward, but the Department of Revenues market value among many other criteria are those which we shall consider.

There's no formula by which we are allowed to utilize a market value to calculate based upon an assessed value or the proposed use.

Um that poses a challenge for us from an objective standpoint as a way to gather this.

Alternatives also include market valuations or appraisals of this land that comes before this body.

Uh all of those alternatives are on the table.

I have had conversations with Commissioner O'Leary and Commissioner Morgan to that effect, just looking for a procedure or something that we can rely on so that it's not just up to the question of you know our assumptions, which you know, all assumptions are imperfect, and so some way that we can create a level of of objectivity in how the values are calculated, I think would be very good and would be in the best interest of the taxpayer.

Thank you, Director Crane.

I'll go Commissioner Callahan, then back to Commissioner Shea.

I just like to make a comment here too.

Um in Mr.

Bickers' letter, one of the reasons you wanted to buy the land is to control the weed problem.

Um we as a neighbor, he shouldn't have to purchase the property to control the weed problem.

It's our property, and we're not controlling the weed problem, we need to do better.

I mean, the neighbors shouldn't have to buy the property just to control the weeds from contaminating their property.

So I just wanted to add that in there.

Thank you.

Thank you, Commissioner Callahan.

Commissioner Shea.

Thank you, Mr.

Chief Executive, and thank you, Commissioner Thatcher, um, for bringing up what I was thinking as well.

And I I do think it would behoove either the council or the chief executive to form a working group.

And you know, much like we have with other issues where you know any commissioners that would like to be part of that um could be an ad hoc group to work with planning and with the treasurer and with the assessor and do a little research.

And um I I've had conversations with um Commissioner O'Leary, and um he very much intended and has intended to bring forward um uh some changes, but I do think that the changes would best be discussed in a working group.

So just for the just food for thought.

Thank you, Commissioner Shea.

Commissioner uh Fisher.

Thank you, Chief Executive Gallagher.

You know, it's this has been contentious in the last two or three.

I mean, you know, even the uh the the development building over there, the 450,000, you know, people on the street are talking about that.

You know, and these are things that we've got to take charge of.

You know, and there's such a thing as fair market value, whether it's uh, you know, I'm in the car business, so I'm gonna refer to cars.

I get people I do appraisals for for Medicare, Medicaid, you know, I do things for estates, I do stuff for bankruptcy.

This is cars.

When you're doing land, there's got to be something in there where someone with some knowledge or some qualifications could come and give you an estimated value before we go to a land sales committee of a group of people that are non-elected, you know.

I'm about advisory boards, non-elected people making a decision to sell a piece of property, 34 acres.

I mean, someone from Bozeman got wind that you're gonna sell 34 acres in butte for 115 an acre.

I'm gonna guarantee it, they'll be lined up out the door.

You know, it's not South Butte, but it's up there in an area, so we've got to change the way we're doing things, and I think that uh Commissioner O'Leary is uh gonna be on top of this, and uh I think this is what we've got to do for right now is deny this uh communication and look forward to a better process.

Thank you.

Is there any other comment of Commissioners?

Seeing none, so the the um the motion is to deny communication number 2025-424.

Oh, Commissioner Callahan.

Thank you, Chief Gallagher.

I guess I just want some clarity.

If we deny this, does that stop Mr.

Biggers from coming back with a new proposal if we come up with a different formula?

Commissioner Callahan, I I believe that he would have to have to come back with a different proposal.

Um I think that as this as this council has kind of alluded to, we need to have a working group to develop a policy.

But uh I think that he would have to have a separate um communication and offer for for that property if this was denied.

You can't pull it back and reconsider it.

And less no, I understand that, but usually if we vote something down on this council, they can't come back and try it again.

And I want to make sure that isn't factor.

That would be Commissioner Morgan.

Thank you, Mr.

Chief Executive.

I will start this off with the caveat that we have a county attorney in the room to make sure I'm correct.

It it's my understanding based on the rules that the proposal that he would have to come back with would have to be something different than what is proposed to us tonight, meaning it can't be the identical proposal that we're voting on tonight.

So it would have to be something different than what we're have before us.

Okay, I just wanted to be my understanding as well.

He is still yeah, thank you.

Thank you, Commissioner Morgan.

Commissioner Fisher.

Thank you, Chief.

Just one comment.

I don't like the word get rid of.

We're not trying to get rid of property.

I mean, you know, that isn't the thing.

It you know, getting rid of something is you know, it means no one wants it, you know.

Get rid of it.

This isn't property in Butts of Bo does not have to be get get rid of.

It's it's marketable.

Every piece of ground in Butte Subo County is marketable at this time.

Thank you.

Thank you, Commissioner Fisher.

Commissioner Boyle.

There you go.

Okay.

My only comment is I feel bad for these people who have gone out, done the research, found the property, and put in a proposal to buy it, and then we tell them no.

This is the third time we've done it.

Mammoth Drive, now nobody's buying it.

So, how long are we going to keep dragging this on until we do get some kind of procedure in set up so that these people know what they're up against?

It's not fair to them to have them come in and say, Hey, I want to do this, I want to buy it, give them a price, say, nope, we're not doing that.

We need to do this right away, not six months from now.

But I just don't think it's right to the like Mr.

Biggers to have him go through this and go, no, we're not gonna do it at the last minute.

He's waited what three months to get this done.

So that's my two bits.

Thank you, Commissioner Boyle.

So again, the the um motion is to deny communication number 2025-424.

Could Commissioners please vote?

And would anyone like to change their vote?

Clerk, please record the vote.

10, yay, one nay.

10 yay, one nay motion passes.

Uh moving on to item number 13, communication number 2025-435.

Angie Mullikan, Public Works Manager requesting council commissioners' authorization to have Chief Executive Gallagher sign a mother load fire suppression system change order number one agreement with Western States Fire Protection Company.

This change order increases the contract by twelve thousand three hundred and fifty-six dollars and is funded by the URA and BSB.

Commissioner O'Leary.

Thank you, Chief Executive Gallagher.

Uh I'm just hoping that um Director Mulligan uh budget manager Mulligan could come up and just discuss what exactly happened here and why why this is changing.

And then uh additionally, if you could give us uh quick updates.

Oh, she's not here tonight.

That'd be great.

So uh it looks like finance and budget director um Glee Hassler is here to speak.

But I'd just like to also get an update on the fire suppression system at the motherboard and where we're at on it.

Thank you.

Thank you, Commissioner O'Leary.

Um Finance and Budget Director Hassler.

Thank you, Chief Executive Gallagher, um, Commissioner O'Leary and members of council.

This uh change order was brought forth because of a delay in um their project, the additional time and receipt of some materials uh added some cost to the contract.

Um it has been budgeted, it's part of their contingency funds.

Um so it is not anything that is over and above um what we have budgeted for the project.

Um I as far as what the progression of the project I don't have any information on that.

Um I don't know if Director Burns would have any information on that as well.

I think that uh building manager Sullivan for the government uh buildings would know more about the project, and he isn't here tonight either.

So I'm thank you, Director uh Hassler.

It looks like public works director um Nary is able to add some light.

Thank you, Chief Executive Gallagher Commissioners.

Um there was a couple areas that weren't in the design, some cubby holes, some stuff underneath some stairways.

The project is going well as far as John Sullivan gave his report in the director's meeting this morning, but there was just some areas that weren't part of the design that is uh is what these extra costs are for.

Thank you, Director Nary.

Commissioner O'Leary.

Thank you both for for the update.

Uh I guess this time I would like to make a motion to concur in place on file uh communication number 2025-435.

We have a motion and a second.

I think the second came from Commissioner Morgan.

If there was a couple that went at it at the same time.

Um is there anything on the question?

Could Commissioners please vote?

And the motions to concur in place on file.

Would anyone like to change their vote?

Clerk, please record the vote.

11 yay, 0 nay.

11 yay, 0 nay motion passes.

Moving on to section two, communications to be read and acted upon.

We have the first one.

Communication number 2025-426.

I want to make sure I say it via you.

Um Beaverhead National Working Group requesting council commissioner support to fund and authorize the timely complete completion of BDNF travel management plan on on the Beaverhead Deer Lodge National Forest.

Um please come forward.

Yeah.

Commissioner Morgan.

Thank you, Mr.

Chief Executive.

Um, I did place this on um to be read and acted upon just because you wanted some um some input from the council or uh uh uh approval of us for a letter.

And so I I knew the discussion would be here, so I put it under to be read and acted upon.

Upon reading the caption, one thing that I hope you can clarify for me, because every time I go and read it, it I can talk myself into either way.

Is it is it says uh we have based on our language working group requesting council commissioner support to fund.

And I I know there's no funding mechanism ask, but like I said, I read it now, I read it in five minutes, and I talk myself into the way I want it.

So if you could clarify that, I'd appreciate it.

Commissioner Morgan, Ms.

Evan.

There you got it.

Okay.

Thank you.

Um I'm I'll I'll I'll muddle through, but good evening, Chief Executive and members of council.

Um what we're requesting is our working group has written a letter.

Um we're hoping you'll consider allowing us to list Silverbow County as a county who supports our request.

Um I can elaborate on the request if you'd like.

Okay.

Um so my name is Bahia Earrett, I'm co-chair of the Beaverhead Deer Lodge Working Group.

Um what our group does, we come together to talk about forest management decisions on the Beaverhead Deer Lodge National Forest.

Our members represent diverse interests, including a number of county governments, um, various uh stakeholder interests, citizen at large interests.

Uh, your water superintendent Jim Keenan is a member of our group.

Um we share uh concerns, input stakes of broad interests on forest management decisions.

The forest does not direct us, but local leadership does sit at the table with us, uh, listening to our input and uh providing information we request.

Uh also not voting members, but partners who sit at our table include state agencies like DNRC, uh field representatives for uh Montana's congressional delegation.

Um just giving input, sharing interests on how to have mutually beneficial it outcomes on forage forest management decisions.

Um we've also just for the record um partnered with Butte Silverbow uh in the last couple of years over uh fuel mitigation at Basin Creek Reservoir, and as Mr.

Marshawn mentioned earlier, our group played a key role in uh furthering partnerships and funding sources and making that move smoothly between uh local government, state agencies, and the federal the federal agency.

Um our group's primary priority for the last couple of years has been pursuing travel management on the forest.

What is travel management?

Essentially, it is establishing a travel plan on the road system for the forest.

Determining what roads are open or closed, what mode of travel can be used to access them, uh at what time of year for what purpose.

In 2005, there was a federal mandate requesting all national forests to complete travel planning.

That was 20 years ago.

The Beaverhead Deer Lodge National Forest still has no travel plan in place.

There have been fits and starts to get it going, but uh various obstacles over the years, uh staffing shortfalls, budget shortfalls, shifting priorities, excessive leadership turnover.

It's been a priority for the forest many times.

They've just been unable to follow through with it.

Our working group has heard uh diverse interests over the years saying the delay in completing this travel plan and establishing regulation on the forest has brought impacts to the public, to local governments, and they get worse every season.

Um we've written a letter to our Montana's congressional delegation requesting the staffing, the funding, and the authorization to follow through with this project on the forest.

We feel uh the seven counties that adjoin this national forest have a vested interest uh in pushing this completion through for a number of reasons.

Um when the forest initiates a project like this, um they are obligated, I believe, under NEPA to invite other parties to participate as a cooperating agency.

Um counties were invited, and Butte Silverbow along with three other counties did accept that invitation.

So Butte Silverbow is contracted as a cooperating agency with the Beaverhead Deer Lodge National Forest to finish travel management planning.

I happen to be the representative for Jefferson County, so I'm I'm participating in that process as well.

With the delay, that statutory obligation to Butte Silverbow is not being fulfilled.

Not having travel management on the forest for 20 years has large impacts, broad ranging impacts.

Number one on our working groups list is public safety.

When there's no established regulation and understanding for the public of how they are able to access the forest, law enforcement has no legal basis to issue citations.

That leads to user conflict, criminal activity, degradation of the landscape, just misuse of roads and trails in general.

Local first responders are being strained because they are because of conflict and lack of understanding, confusion of how and when you're able to use these roads, there's a lot of misbehavior.

There are a lot of calls to search and rescue first responders, local sheriffs.

I'm certain if you spoke to two or three or four generations of commissioners, sheriffs, game wardens before you, every single one of them would tell you going back 20 years, not having a travel plan on the Beaverhead Deer Lodge, has been a strain on them, especially in the home stake area, especially where forest lands adjoin urban centers.

Butte, the Butte area is one of the primary locations of public safety concern because of lack of track travel regulation.

Economic impacts also should be considered.

Recreation is a driving economy in the state.

In 2023, the rec the outdoor recreation industry represented 4.6% of Montana's state GDP, and that was the third highest in the nation.

Recreation is only increasing.

Butte Silverbow is at the center of the corridor between Yellowstone National Park and Glacier.

Yellowstone's visitation is poised to peak break records this year.

People are recreating on the forest.

But when there's no reliable system of access, and that access infrastructure is degrading, businesses who rely on recreation are lacking that stability for resilience.

They've been directed from the by the federal administration to increase timber production by 25%.

We've heard from our local forest timber interests and others that that's going to be hard to do when you don't have a regulated road system.

Stewarding the landscape and preventing the erosion that comes with this issue has implications for wildlife connectivity, watershed health.

The Beaverhead Deer Lodge is, you know, we we straddle the Continental Divide all the way through.

We're the headwaters of Columbia and Missouri River, so the erosion that happens here due to unmanaged recreation just has ripple effects downstream.

It's important to take care of it here.

On this forest that is recreation-based with growing pressures, unmanaged recreation is just resulting in these impacts.

I would say it's about access for everyone.

Everyone who uses the forest accesses it by a road or a trail.

When it's ambiguous and unclear how and when and by what means you're allowed to do that, you end up with a system that is dangerous and degraded.

And that impacts not only the economies of adjoining counties and the services of adjoining counties, but the experience of every single person who wants to use the forest.

So we believe it's in the interest of adjoining counties to support our request to staff fund and authorize this project that's been delayed for 20 years and with impacts that worsen every season.

I'm happy to answer any questions.

Thank you, Ms.

Eric.

Commissioner Healy.

I just wondered because you talk about fund, and not that that's going to be an issue, but when you're talking about funding, what kind of money are you talking from Butte Silverbow specifically?

Oh Commissioner Healy, Ms.

Earrett.

Thank you, Commissioner Healy.

We're not requesting funding from the county specifically.

We're requesting, I'll try and clarify that.

We our letter is addressed to Senator Day, Senator Sheehe, Representative Zinke, and Representative Downing.

This issue is important locally.

We know you listen to counties.

We are going, by the way, to all seven adjoining counties.

Here's our letter signed requesting our congressional delegation to seek the resources, the authorization for the resources, the staffing resources, and the funding to support them, to put that in the hands of the Beaverhead Deer Lodge National Forest.

Then our working group has the established relationships, innovation, understanding, local knowledge to support whatever the forest needs, bridge any gaps, and make sure this happens to address all these impacts.

So it is it is there's no cost to the counties, but the payback would be large.

Thank you, Ms.

Arott.

Commissioner Kellyanne.

Ms.

Aaron, I just want to thank you for coming here tonight.

Everybody in this place values our forest right at the top of our list.

This is why we live in Montana.

I mean, uh what a wonderful place we get to live in.

And we all know everything has to be managed.

When you let things go and you don't manage it, you run into the problems you're talking about.

And I just want to say kudos to you and your group.

And anything we can do to support you, just please ask.

Thank you.

Thank you, Commissioner Callahan.

Commissioner O'Larry.

Thank you, Chief Executive Gallagher.

Thank you for coming tonight and and you know requesting this from us.

I know we're the we're the smallest county of all the the seven counties that are involved with this, but uh I spent a lot of time on the forest, and so I see all these impacts and and I know exactly what you're talking about.

And forest management is one of those things that we we should do do better, and we aren't.

But uh I'd like to make a motion to that we support the Beaverhead Deer Lodge Working Group on their letter of support to the Montana delegation uh regarding the full federal funding of the travel management plant as it's been presented in our communication.

We have a motion of second to uh is that to write a letter or to just sign on as support.

Um is it just to support I guess a clarification from our uh uh parliamentarian here, but uh I don't think we we necessarily need a letter, but uh okay my motion is just to to support to support the letter.

Okay.

The motion is to sign on in support of the of the letter provided to the congressional delegation.

Commissioner Morgan.

Thank you, Mr.

Chief Executive.

Just on the question, uh you you did present this body with a draft letter, basically dated August 15th, and or or geez, August 14th.

That would be the letter that we would be attaching our name to, so I would ask if there's any changes to that said letter before it comes back that you come back to this body and let us know of any changes.

Absolutely.

My our intention was to provide you with a final draft of the letter that our full membership has approved and the letter that has gone to four counties and been approved by them already, and hopefully by you tonight, and two more.

Unless unless a change is introduced by one of these counties, um we'll we'll see no changes.

But if in the next week something does come up, certainly it will come back to you before it's signed sealed delivered.

Thank you, Ms.

Aaron.

Commissioner O'Leary.

Just a quick clarification.

It's my understanding that this the intent of this letter is for it to be sent prior to Friday.

Is that is that correct?

Our understanding was for greatest effect it would be optimal to get it into the hands of the congressional delegation before they they end their reset their August recess.

So uh our hope was to get it to them by the end of next week.

Um it appears to be on track.

Thank you, Ms.

Eric.

Okay.

So there's been a motion for Butte Silver Boat to support and sign on to the letter.

Is there anything on the question?

It's been seconded to we have this with a second.

Correct, okay.

Um could commissioners please vote.

And would anyone like to change the vote?

Clerk, please record the vote.

11 yay, 0 nay.

11 yay, 0 nay motion passes.

Thank you for your time.

Thank you for being here.

Um to you and Mr.

Marchon as well.

Moving on to section three ordinances and resolution for emergency suspension of the rules.

Um we have one resolution number 2025-35.

Commissioner Morgan.

Thank you, Mr.

Mr.

Chief Executive.

Before I make a motion, I just want to let the record reflect that tonight's resolution, resolution 2025-35, is actually part of communication number two twenty-five-three five three that has been in the Judiciary Committee for some time now, just as we work through this process.

Uh the reason that it's on tonight's um agenda as an emergency suspension of the rules is is simply because the the sale did happen this morning.

We have been well versed in this um this procedure, and the resolution was presented to us just authorizing the sale um of the auction this this morning.

So at this time I move for the suspension of the rules for the purpose of passing council ordinance or council resolution 2025-3-5 by waiving subsection 7 of Rule 36 of the rules and order of the business of the Council of Commissioners, thereby having it considered for advanced passage without reference to the Judiciary Committee.

We have a motion and a second to suspend the rules.

Is there anything on the question?

Could Commissioners please vote?

And would anyone like to change their vote?

Clerk, please record the vote.

11 yay zero nay.

A resolution authorizing and approving the sale of certain parcels of tax deeded real estate owned by the city and county of Butte Silver Bow, State of Montana, and providing for an effective date herein.

Commissioner Morgan.

Thank you, Mr.

Chief Executive.

Uh as of this evening, we found uh an issue uh as far as language goes that was discovered today.

So I would like to uh discuss an amendment for this body to consider on council resolution 2025-35.

The amendment would be as follows.

On page one, I'm going to read line 18 and 19 in their entirety.

And please ask questions if you have any questions.

Eight line eighteen says the sale and all bids accepted were at least in the amount of the appraised value of said parcels after a discussion with Lori Baker Patrick and and some of the commissioners.

The the term appraised is incorrectly used and it should be assessed to include the value of it.

And so I would amend line eight or line 19 on page one council resolution 2025-35 to strike the word appraised and add the word assessed to that line.

And so um that would be the and in line 16.

And in line 16, whereas the parcels had been duly appraised by the city.

We'll change the term appraised to assessed by the city and county of Butte Silver Bow.

So I love full disclosure, so just to just to communicate it again on page one of council resolution 2025-35 on line 16, page one.

We would strike the word appraised and change that word to assessed.

And line 19, we would strike the word appraised and add the word assessed.

Okay.

Okay, is no motion.

No motion yet.

Is there any discussion on the proposed um I guess amended language?

Seeing none.

Would you like to make oh Commissioner O'Leary?

Thank you, Chief Executive Gallagher.

I guess just for the record, the reason I guess we're we're discussing this is the word appraised indicates that we are selling the property for the the value the the tax value, which is not the case.

We are selling it for uh an amount that is less than that.

Uh so the the change is just to reflect what is actually happening for the tax sale.

Okay.

Thank you, Commissioner Larry.

Any other conversations?

Commissioner Shea Just so this could be probably confusing because of the discussion we had on the con on the communication earlier.

This is a totally different process.

Yes.

And the word assessed is what is used in state law.

Thank you, uh, Commissioner Shea.

Any other conversation?

See none, Commissioner Morgan.

Thank you, Mr.

Chief Executive.

So at this time I'll make a motion or I move to place council resolution 2025-35 on final reading and passed, having been deemed fully read at length as amended.

Second.

We have a motion and a second to um place communication number 25-371 on final reading as amended.

Is there anything on the question?

Could Commissioners please vote?

Commissioner Morgan.

And would anyone like to change their vote?

Clerk, please record the vote.

11 yay, zero nay.

Eleven yay, zero nay motion passes.

Moving back to moving to the calendar and other meeting and events, please note dates and times of those.

And then next we'll move on to any public comment on any item not on the agenda tonight.

State your name, address, and what you'd like to speak to us about.

Ready for us, 2000 Roberts Avenue.

Just uh Labor Day edges closer.

Every day, the Labor Day picnic.

It's gonna be so much fun at Stodden Park.

Our director heads should also come.

It's gonna be so much fun.

And I'm making street corn.

Come enjoy with your favorite laborers and construction workers and other union tradesmen.

And our friends as city counselors who will be there because they're cool.

Thank you.

Thank you, Ms.

Frost.

Uh, one last thing I'd just like to add.

I think I I forgot to add this.

Um I wanted to really commend the work of EOC manager Lisa Carey throughout this as well, and the IT director, um, our IT department um and and all that they did to get communications out.

So I just wanted that Jason Parrish and all the crew in the IT department did an admirable job to get things taken care of and phones up and everything done.

Commissioner Thatcher.

Uh thank you, Chief Executive Gallagher.

Ditto on all of that.

Just uh your friendly reminder to apply for your property tax rebate.

Thank you.

Yes.

Make sure you do your property tax rebate.

We don't want to give that 400 bucks back to the we want to get the 400 bucks that the state gave back.

All right.

With that, I take a motion to adjourn.

Second.

We've been have a motion and a second.

All those in favor?

Opposed?

We are adjourned.