Butte-Silver Bow Council of Commissioners Meeting - November 25, 2025
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I'll bring the Butch Silver Bow Council of Commissioners Committee of the Whole Meeting to order for Tuesday, November twenty-fifth, twenty twenty-five.
Can I please have a roll call?
One presiding, eleven present, zero absent.
Okay, thank you.
Please let the record reflect we have everyone tonight.
Um 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 that are on tonight's agenda.
Um Ms.
Bordoon, you you have a communication on the agenda.
So yes.
Yep.
But if there's any member of the public that would like to speak on any items that are on tonight's agenda, now would be your opportunity.
Welcome.
Please uh come up to the podium and state your name and address for the record in which communication you're going to talk about.
Hello, I'm Ben Carr.
I live at eight twenty-one West Silver Street, America.
And so I'm speaking about selling, so I'm coming here as a taxpayer, and I'm coming here also as a tenant of the building that's for sale, the business development building.
And so I guess I'm kind of confused on the nature of it because it sounds like we're making a lot of concessions without getting a lot of security.
So I'm a mental health therapist, and so we live in one of the suicide capitals of the nation.
And this building has a lot of therapists that are helping kind of put the finger in the dam, so to speak.
And so what I'm curious about is like what's gonna happen if we guarantee that they're gonna honor my lease, and that lease is up in six months, and then we're gonna have a big exodus of therapists.
So as somebody who has hired a lot of therapists over the years, I know it's hard to keep people in the community, especially in the mental health field.
And I feel like that this might put a little bit more pressure on it.
And I'm sure that you guys are like me where it's like you you want to make a difference in the world, right?
We're not about necessarily dollars and cents.
We gotta balance the checkbook, so to speak, but we want the world to be a better place.
If we sell something at half the value to somebody who's just gonna benefit from it and push all of us out who are trying to make a difference, I'm not sure that makes sense.
Um I'm totally okay.
I think it's totally reasonable to raise the rent, right, to make it a workable business or workable system for the county.
But I think as a whole, it's just very short-sighted.
We're getting like half-ends and not a whole deal one way or the other.
So I guess that's what I have to say.
Okay, okay.
Thank you.
Is there any other member of the public that would like to speak on any item that's on tonight's agenda?
Okay.
Seeing none, uh, report of the chair.
I don't have anything to really report on.
I just want to wish everybody a happy Thanksgiving as we move into that.
And thank you for tonight's meeting on a Tuesday instead of a Wednesday.
Sometimes it's it's hard to retrain yourself to come on a different day.
So uh moving on to Section One, bid openings, public hearings and/or presentations, uh, presentations.
We do have one of them.
Number one, communication 2025-562.
Dave Aguirre, community enrichment director requesting council commissioners' authorization to schedule the presentation on November 25th, 2025 to provide an update for the municipal parking services, century link parking system.
Mr.
Ageary.
Uh Mr.
Chairman, members of council.
For the record, Dave Gary, um, Butte Silverbo community enrichment director.
Um first, I'd like to thank you for taking the time putting me on your agenda for tonight so I can provide this update for you on our new parking system.
Dave, can you just speak closer to the microphone, please?
Yep, you might have to tell me that again.
It's okay.
Um, I started my current job for Butte Silverbow on January 27th of this year, and it wasn't on the 27th.
Um, but it was it was shortly after the 27th that Chief Executive Galar came to me and let me know how uh it was a high priority to get this system up and running for Butte Silverbow.
Um since then, I've heard Commissioner um Callahan say a couple times that I that we owed this body an update on the parking system, which I wasn't aware of until I heard Commissioner Callahan say that.
So that's that's what I'm doing here, and I hope not to take up too much of your time.
I have about five slides, but I'll certainly stand for questions at the end to see if uh what I missed and if I can answer any of your questions.
So Butte Silver Bow entered into a contract with municipal parking systems in August of 24, and that contract was basically to provide parking services for Butte Silver Bow, which included system for the parking garage for um permitting people to park there and enforcing the parking within the parking garage, and it also included handhelds and safety sticks for areas outside of the parking garage.
Um January 2025, the handheld system was began to be implemented, which was really important because the old system that we had was struggling with both the handhelds as well as um the system in the garage.
Uh in April May, the parking garage came online, and this um safety sticks were also implemented.
Um in April when the safety sticks were implemented, they started issuing tickets on them right away simply because I didn't feel that it was necessary to um warn people that they had that they couldn't park in a yellow zone.
So that shouldn't have been anything new with the parking garage.
We actually took a little bit different approach because the kiosk was broken the parking garage before this new system, and people couldn't buy their permits to park in the garage.
So they had gone, I'm not sure of the time frame, but they had gone some time without being able to pay in the parking garage, so they're used to parking in there for free because we couldn't issue tickets if they couldn't buy their permits to park.
So with that, um the the parking garage came online in April, but we had it set to issue warning tickets instead of actual tickets, and we did that for about 30, 35 days, something like that.
So it was a middle middle of May when the system in the parking garage actually started enforcing the parking rules.
Um let's see, August of this year was the first reconciliation we got.
Um PS has been excellent to work with, they really have.
We got off to a bumpy start um just getting things installed.
It was the middle of January, they're not used to Montana and in the middle of winter.
But we've got rolling since then.
The first reconciliation covered the first six months basically, Jan January through August.
And then it'll be monthly thereafter and has been.
So a little bit about the process for the paid parking lots.
Nothing that didn't change a whole lot.
Didn't change at all really.
Cost remains $30 a month, same as it was before.
Payment methods, they have to come into the parking enforcement division here in the courthouse and buy their permits to park in those paid parking lots.
And the main reason for that is simply because they've got to pick up a placard to be able to put in their car so the parking enforcement officers know that they've paid to park in the parking lots that they're in.
With the parking garage, changed a little bit.
I think the old parking system was simply daily parking.
And this new system is really nice.
It actually will charge charge by the hour.
So you can park in the parking garage for as little as a dollar for an hour.
So if you're going to lunch in uptown but want to use the parking garage, it's a buck.
You don't have to pay for the whole day.
What we did do worked with MPS on too is to make it as simple as possible for people to be able to pay for this system.
They can pay by the parking kiosks.
There's two of them in the parking garage, one on the park street level, and one on the Galena Street level.
And it supports both platforms for mobile applications being Android and or Apple.
And we've got QR codes throughout signage with QR codes throughout the parking garage where people can actually scan the code to go to the app and download it, and they can pay that way.
And then if all else fails or folks are afraid of technology, they can always come into the parking enforcement office and pay that way as well.
Enforcement of the parking with the new systems has changed a little bit.
Again, for the handheld units, not a whole lot different.
The violations are documented by our parking enforcement officers, and they physically print the tickets and place them on the vehicles under their windshield wipers.
And the thing that's a little bit unique about this system is that I believe there's a QR code right on the tickets that they can scan, take them to the website, and they can actually contest a ticket right online through the MPS system.
I'll talk a little bit more of that about that under the parking garage portion.
For the parking garage and safety sticks, the this is where it becomes a little bit more unique than the other side is the violations are actually documented by cameras.
So in the situation of the parking garage, it takes a picture of the license plate upon entry, and then it takes a picture upon the of the license plate upon exit.
And if you hadn't paid, then it starts the ticket process.
And basically what it does, if you hadn't paid to park in there, it sends the violation to MPS staff.
They go into the system and they review it for validity, which is basically the time frame that you were in the parking garage, along with both pitchers entry and exit being visible.
And then they go ahead and validate it if it is a valid ticket.
Then it goes over to Butte Silver Bows Cube within the system and our Butte Silver Bow parking staff, then do the exact same thing as MPS staff.
They validate the look at the times, entry exit, make sure that it's a valid ticket.
There wasn't a mistake, and that both license plates are visible.
Validated by both parties, then MPS mails the tickets.
Once folks get the tickets, they also have the ability here to contest the tickets by scanning the QR code on the ticket, which is you know, on one hand is really really great because people have the chance to easily contest a ticket.
On the other hand, it's pretty re uh resource intensive because a lot of tickets get contested.
And a very small minority of them are not valid tickets, and really that's what we're reviewing them for is whether it's a valid ticket or not.
Um really trying to get out of the practice of um voiding valid tickets and and forcing folks to pay, while at the same time being reasonable.
You know, if grandma's got a broken leg or something, we're certainly not cold hearted that way.
Now this this is one of them slides that when I put this together and gave it to Barb, it's made a ton of sense now that I'm going back and looking at it.
I'm not sure that it does.
So I guess what I'd like you to take away from this is the way the contract basically works is on the revenue side for the parking permit stuff.
That revenue is 100% uh Butte Silver Bow.
And for the ticket revenue, um, for the most part, it's split 50-50 between Butte Silverbow and MPS.
There's all kinds of different caveats within within the contract that I don't believe was the update that you guys were looking for, so I didn't include them in here.
And then these are the revenues um generated by date.
Um don't really have any comparisons.
You know, the unbolted numbers on the left are basically the total revenues um for each month, and then the bolded numbers are uh Butte Silver Bow's shares, and you can see January, February, March, it's exactly half 50-50 begin in April when the um the parking sticks and parking garage began coming online.
You can see that buttes of a bow's portion increased above half with them coming online.
And it is certainly pretty much consistently increased for the most part each month.
Not sure if that's because the parking garage and the sticks were up and operating, or if it's just the middle of summer, busy travel season.
Um PS I am working with MPS to build us some reports that will provide us better data, but it just they got it to me after I turned in this presentation and it wasn't ready for prime time and in any stretch.
I looked at it for five minutes and had to send it back to them.
It wasn't what I was looking for.
So with that, I would certainly try to answer any questions that you guys might have.
Thank you, Mr.
Geary.
Do any of the commissioners have any questions?
Commissioner Callahan.
Thank you, madam.
Thank you, Chairman Morgan.
Thank you, Mr.
Gary.
I appreciate you coming and informing us on that.
I mean, we were pretty excited to get this up and running, and we hadn't heard anything on how the progress was.
And I I noticed a huge difference in the delinquent people on parking in the yellow and fire hydrants.
You're not seeing much of that anymore.
All it takes is one ticket, and that pretty much fixes people.
So we we appreciate all that.
And that looks to me like your department's moving upwards.
You I mean, it was pretty well down in the dumps when you took over.
Uh it's one direction to go, and it looks like you're doing a good job at keeping us going that direction.
I guess I got a question.
We pulled up tonight and they're out in front of the courthouse.
Is that like an eight to five time frame?
Or we park out in front of the courthouse, we could be here for three hours and it's 30-minute parking.
Do we get these tickets or is that the business parking usually is from eight to five, I think, and then after that they don't have two-hour parking, is that right?
Mr.
Geary.
Mr.
Chairman, Commissioner Callahan.
You could expect a ticket in the mail when you get home.
Um, and in all seriousness, yes, it'd be it would be the same as the two-hour parking zone.
And those um parking sticks out, it I think there's four of them out in front of the courthouse now.
Those were actually an idea of MPS when they came here on their um in-person training.
She was here for three three days, three and a half days, something like that, and she came to us and said, you know, I was here for our you know, a very short time, and I saw these spots being very abused.
You want to make sure that this is turning over so people have access to your employees in the courthouse.
And so we said, hey, let's give it a try and see what happens.
I don't believe they've actually turned on yet.
Okay.
But that but it will only be between the the same as the two-hour parking zone hours.
Follow up, Commissioner Callahan.
You were talking about how bad that's abused out there.
I was here a couple days in a row in the same planning department truck had been there.
Two days in a row hadn't even been moved.
And I'm thinking, look at the parking that this truck's taken that it should be parked up in the lot out in the back.
So when that happens, do the department get the ticket, or how how do we handle that?
Mr.
Geary.
Mr.
Chairman, um, Commissioner DeCallahan.
I didn't see the truck there for days.
Um I would think that we try not to ticket other departments within there, but I think I'll reach out to Julia and see if we can't have make sure folks aren't parking in there outside the time frame.
Great.
Thank you.
Thanks a lot.
Keep up the good work.
Thank you, sir.
One of the things that I would say that you know this works is is I've actually received phone calls from a couple people that told me that they were a lucky recipient of receiving a ticket in the mail.
And I said, Well, was it legit?
And they said, Well, yeah, I parked in the parking garage and I got a ticket.
And I said, Well, why didn't you pay to park there?
And they're they said, Well, it's notorious that Butte Silver Bow never ticket you for parking in the parking garage.
And I said, Well, obviously that's changed.
And so that shows that it's working and that you know people were used to not paying and now they're they're being ticketed.
So the process does seem to work.
The the the one question that I have on that, when you s when you start to look at the numbers, you know, the total revenue of 59K, and of that Butte Silver Bow gets 33.
It's it seems like it's pretty heavily tilted that they get paid quite a bit for their services.
And is that is that part of that verification or validation process that's that's covering that price, or is that is that cost gonna kind of stay that 50-50 all the way through these contracts.
Uh Mr.
Chairman, members of council.
Um the the contract is a 50-50 split on tickets, and um so I wouldn't expect that to change.
There's some qualifiers that are built into the contract, like these safety sticks are supposed to have a they they've got a minimum fee that they've got to meet, and if they if they don't meet that through performance, butte silver bow is supposed to pay MPS for that.
Um they have waived that.
Um if we vote void valid tickets, um we we still owe MPS like a seven dollar charge for that.
Um they voided those.
Well, they voided those for that through that first reconciliation because it came back and and after the split we were actually paying them money.
Um I uh me and Director Hassler um met with them and visited with them on it and felt that was very unfair because we hadn't had one hadn't had the official training, and we had the problems bringing stuff online, and so we were voiding a lot of tickets when we first brought it online because of people not being aware.
So that they worked with us, they waived all those fees.
They brought back that charge for pointing tickets in September was the first one, and we had one fee of seven dollars.
So in general, just to follow up on that question, when I say the fifty-nine thousand in total revenue in the 33, that difference is being paid by the person paying the ticket, right?
It's not the difference of the So the 59,000, which was a total of that Butte Silver Bow got 33,000 of it.
That difference was paid by the person getting the ticket.
It wasn't butte Silver Bow was paying that.
I I just want to clarify that for the public.
If that's correct.
Mr.
Chairman, members of council, that's correct, but it's not only tickets, it's also the permit revenue.
Right.
Okay.
Uh Commissioner Healy.
Thank you.
Thank you, Chair Morgan.
Um I was just gonna comment when we went to um Silver Lake and I didn't know where to park.
I came into the parking um commission and asked for um a slip.
They gave me a slip so that way I wouldn't get a ticket because we I didn't know how long I was gonna be gone at Silver Lake.
So that's an option too, isn't it?
Is that just for people who work here?
Mr.
Geary Um Mr.
Chairman, Commissioner Healy.
Yeah, for Butte Silver Bow employees, there are free parking passes.
So if uh a commissioner was in need of those, they would certainly give um be able to give you one of those.
Sure.
That that is basically for the lot behind the courthouse, though.
It's not for on-street parking or anything like that.
Yeah.
Uh question, Commissioner O'Leary.
Thank you, Chairman Morgan.
Uh thank you for the presentation, Mr.
Geary.
Uh, just a couple quick questions.
I I've seen a couple folks servicing those posts.
Uh, you know, down a park street.
And are are those Butte Silver Bow employees or are those MPS employees?
Mr.
Geary.
Mr.
Chairman, uh, Commissioner O'Leary, I believe those would be MPS contractors.
Okay.
Follow up, Commissioner Leary.
And then you were on the page where you were noting revenues.
Are those collected revenues or the the ticketed revenues?
So actually collected money or and do we know what the percentage of tickets that are actually getting paid is.
Mr.
Hagir.
Mr.
Chairman, um, still getting used to this.
Uh commit Commissioner O'Leary.
Uh that's actually collected revenues.
Um I don't have that ratio of ticket adverse as collected.
Um, but we need improvement there.
There's no doubt in my mind.
Okay.
Um on the question, Commissioner Fisher.
Thank you, Chairman Morgan.
Thank you, Dave.
Appreciate you being here.
Looks like things are working out good.
Are we paid on a monthly quarterly?
How do we receive our funds?
Mr.
Geary.
Mr.
Chairman, Commissioner Fisher.
It monthly basis now that we're rolling, it just runs a couple months behind because they got to process the data.
Uh follow-up, Commissioner Fisher.
Thank you, Chairman Morgan.
Thank you once again.
So and then that money goes into the uh parking enforcement fund budget.
Mr.
Geary.
Uh Mr.
Chairman, um, Commissioner Fisher.
I I I believe it would go back into the general fund.
Okay.
Any other questions?
Uh Commissioner Callahan.
Thank you, Chairman Morgan.
Mr.
Gray, I was just curious if we had any problems with vandalism.
Mr.
Geary.
Mr.
Chairman, Commissioner Callahan.
You know, haven't heard of anything happening to them yet.
I've seen a few stickers on them, but they haven't impeded the camera to date, so nothing to date that I'm aware of.
Great.
That's good news.
Thank you.
Okay.
Any other questions?
Well, thank you for the presentation.
Thank you.
Moving on to section two, communications.
Communication number 2025-249.
Patty and Chris Salmanson requesting council commissioners' approval to purchase a portion of the land owned by Butte Silver Bow, which is adjacent to their property located at 17 Tullamore Street.
We'll continue to hold that in abeyance pending a report back from the land sales committee.
Number two, communication number 2025-437.
You will recall that we took action on this a couple weeks ago, so we don't need to take action on this one again.
So just for the record to show that communication 25437, Thomas Kanicki, personal representative for the estate of William Lahood requesting council commissioners to purchase land owned by Butte Silver Bow and approve the sale of lot 16 and 17 to the estate of William Lahood in the amount of a thousand dollars.
That was um inadvertently added to tonight's agenda.
Um I'll move on to communication number 2025-460.
Um Steve Maloney, Butte resident requesting council of commissioners to purchase a portion of the tax parcel number 000-189240, pending a survey to be completed and a correction deed.
Um Mr.
Um Maloney has been in contact with me and he was planning on being at the council meeting tonight, but with Thanksgiving, he traveled to family members outside of Butte.
So he respectively asked if we would hold this in abeyance until the December 3rd meeting, which he will be in attendance to talk about his position on this.
So if it's okay with this body, we'll just continue to hold this in abeyance till the December 3rd date.
Is that okay?
Moving on to number four, communication 2025-500.
Um Angie Mullikan, Public Works Budget Manager requesting council of commissioners to schedule a bid opening on November 19th, 2025 for the Silver Lake Industrial Water System Improvements Project.
Um we did have this bid opening on the 919th, so Commissioner Thatcher.
Thank you, Chairman Morgan.
At this time, I'd like to make a motion to place on file communication number 2025-50.
Okay, there's been a motion made and seconded to place communication 2025-500 on file.
Is there anything on the question?
Would anyone or nothing on the question?
Would everyone please vote?
Would anyone like to change their vote?
Would the clerk please record the vote?
12 yay zero nay.
Thank you.
Motion passes.
Number five, communication 25519.
Jessica LePrause Law Enforcement Budget Analysts requesting Council of Commissioners' authorization to schedule a public hearing for November 19th, 2025 for the purpose of amending the fiscal year 2526 budget to allow for increased expenditures of unanticipated revenue for gas masks provided to the Butte Silverbow Law Enforcement Agency a donation town pump.
We did have this public hearing last week, so Commissioner Thatcher.
Thank you, Chairman Morgan.
I'd like to make a motion to place on file communication number 2025-519.
Thanks.
A motion has been made to place communication 25-519 on file.
Is there anything on the question?
Would everyone please vote?
Would anyone like to change their vote?
Would the clerk please record the vote?
12 Yay Zero Nay.
Thank you.
Motion passes.
Number six, communication 25520, William F.
McGinnis, 807 North Montana Street, Bute Montana requesting Council of Commissioners authorization to purchase property on parcel number 0001905650.
We'll continue to hold that in abeyance pending the report from the land sales committee.
Number seven, communication 25535.
Angie Mullikan, Public Works Budget Manager requesting Council of Commissioners' authorization to schedule a public hearing on November 19th, 2025 for the purpose of soliciting comments on unanticipated revenue from the Department of Natural Resources and Conservation, DNRC.
We did have this public hearing last week, so Commissioner Thatcher.
Thank you, Chairman Morgan.
I'd like to make a motion to place on file communication number 2025-535.
There's been a motion made and seconded to place communication 25-535 on file.
Is there anything on the question?
Would everyone please vote?
Would anyone like to change their vote?
Would the clerk please record the vote?
12 Yay 0 nay.
Okay.
Thank you.
Motion passes.
Number 8, communication 25-542.
Will O'Connor Land Records Coordinator requesting Council of Commissioners to deny council communication 24460 a request from Steve Maloney to purchase a portion of the city county owned property.
Portion of tax parcel number 001892400.
Again, we'll just continue to hold this in abeyance as it is in reference to communication 25460, where Mr.
Maloney will be before this body on December 3rd.
Number 9, communication 25545.
Sean Fredericson, Parks and Rec Director requesting Council of Commissioners' authorization to schedule the presentation on November 19th, 25 to provide an update on current operations and projects related to parks, Highland View Golf Course, and Ridgewaters Park.
We did have this presentation last week, so Commissioner Thatcher.
Thank you, Chairman Morgan.
I'd like to make a motion to place on file communication number 2025-545.
Thank you.
There's been a motion made and seconded to place communication 25545 on file.
Is there anything on the question?
Would everyone please vote?
Would anyone like to change their vote?
Would the clerk please record the vote?
12 yay zero nay.
Thank you.
Motion passes.
Number 10, communication 2025-546, Sarah Bordoon, Butte Montana requesting Council of Commissioners to answer some questions from the October 16th, 2025 public forum beyond the boom on November 12, 2025 regarding impacts, the data center that may be coming to Butt Montana.
Just as the commission will recall, this communication was forwarded to the TED board, and they did have a meeting on on Friday, not last Friday, the Friday before.
It was well attended by members of public as well as the members of the board and SAB was also there, and representatives from Northwestern Energy were there also, including Miss Bordoon.
Bordoon.
And so Miss Bordoon, do you have an update on this?
Well, just in general conversation.
Yeah, I found that TED meeting to be very informative.
It was specific to the SABE data center, of course, because that is the company that wants to locate in Montana Connections.
But it didn't address, of course, the Atlas expansion and the Mike Mansfield testing center.
And nor did the responses for from the beyond the boom questions weren't answered.
They were answered in reference, I believe, to the SABE data centers prior primarily and not the Atlas.
So I just have a few follow-up questions.
So one is that the state of Montana, the property taxes for data centers is 0.09%.
But the SABE data center taxation is more of a mystery to me because it's inside Montana Connections, and that's a special taxation business development encouragement for businesses.
And so I'm curious about how that would actually play out.
And so I I think it would be helpful to understand, you know, even if they're not real numbers, what taxation would happen to a data center inside that entity versus outside that entity, if that makes sense.
Sure.
Okay.
So you're asking that additional question.
You know, obviously you stated that question tonight, and maybe Beach Silver Bow staff, Chief Executive Gallagher could maybe address that question at either a future council meeting or even next week if they have it, we could segregate it out of this meeting.
Chief Executive Gallagher.
Chairman Morgan, um, yeah, that would be fine.
I would we would be um prepared to answer both of those questions on you know what the taxation would be and also the the difference of atlas and in what Atlas is as compared to the SAIB project as well and in the different districts.
Great, great.
Yeah, in in the TED board meeting, um SABE data centers was able to answer a lot of the questions of like water reuse and that sort of thing, and that's a follow-up question that I have of them.
Um there was a comment that perhaps the water reuse would be of a large office building, and then we pressed a little further to understand what that might be.
And the the SABE data center um representative on the phone said maybe you know, 10 to 15 million gallons a year, which is a lot less than what had been commented prior at a council commission meeting of maybe three million gallons a day.
So that's a wide range.
I am wondering if it's within the TED board's powers to get a water use contract uh with SABI and and how that works, maybe that could be understood.
Um I am curious about where Atlas gets their water because they don't get it from Silver Lake.
There's no supply to that area, so I am curious because data centers do have to do a lot of co cooling.
Um is it just the construction of Atlas data center that because it's so open that that's how they do the a lot of their cooling, I know they want to double their megawatt usage in the next year with a contract with Northwestern Energy.
So that's that's another question I have.
Okay, and I think that's it for tonight, unless people have questions of me.
Uh do any of the commissioners have any questions for Ms.
Bordoon?
I I I will say that I I obviously attended the TED board meeting and I was pretty happy of of the response that we had it or had with it.
I feel that you know the company being on the phone was able to answer a lot of the questions that came up on the fly and were able to give detailed answers on it.
I also appreciated that there really wasn't any true time constraints in the sense that they could answer the questions in and like Miss Bordoon mentioned, they would answer and we would drill again on a follow-up question.
And so the I think that the venue was an appropriate forum to answer a lot of the questions, and then you know, with Northwestern Energy being there as well, we were able to get a lot of the questions answered by the people that needed to be there to answer the questions.
And so I think that process worked rather well in the sense of getting those questions answered.
So I did appreciate staff as well as members of the public being there from from all parties to make sure that you know it was being being represented.
The the Montana standard was there as well, and I think they did an article on it too.
So I would just say that.
On the question, Commissioner O'Leary.
Thank you, Chairman Morgan.
I thank you, Ms.
Burdoon, for being here.
The I agree that the meeting was was quite uh informative.
I I um asked quite a few questions and I appreciated their answers as well.
Uh just on the atlas uh data center, I do believe that they're an entirely error-cooled uh setup, so there I don't believe there's any water consumed there.
Um I I agree with your question about you know trying to get an understanding of how this money potentially could be used.
I think it might be worthwhile for us as a county to sit down and put pen to paper on what we would expect uh revenues to be, how those revenues potentially could be used either within the tippet or outside the tippet.
Um those are all certainly things that we we should probably discuss so that the public understands.
And I know that there was conversation about the large electricity users uh you know, Northwestern Energy and the PSC creating an additional tariff uh another another, I guess, type of user and a separate tariff.
And I would also like to see that you know discussed further at the PSC before you know this this thing all happens, because I I agree with you that that's a major concern.
So uh thank you for being here.
I yeah, appreciate the questions.
The other thing that I would mention too from that meeting is is there were minutes taken at that meeting, and so this body will be forwarded those minutes as well for your review for those of you that weren't able to attend it, and so those will be coming out as soon as staff gets those gets those prepared.
So I guess if there's no other questions, being that there is a couple other questions that were are being asked, I I would ask if if it's okay just to hold this communication in abeyance.
Um, Chairman Morgan, I have one more comment.
I apologize.
I thought I was done, but I do remember um one more point was that um one uh one point at the TED meeting that um Northwestern Energy and also um the Energy Task Force representative Bob Morris made was um the idea that the the larger loads you have on the electrical system, the lower the rates should be.
And um also in the in the study that was cited and the answers by staff um from the county um commissioners was saying a similar thing.
How um but they were citing uh I believe North Dakota as an example of lowering rates with larger loads.
And um with the the idea of supply and demand, it it does make sense.
If you have a lot of supply that the rates would go lower as you add more load because you would distribute um across the supply and there would be more rate pairs.
But in the state of Montana with Northwestern Energy, Northwestern Energy imports energy from outside the state.
I believe it's 25 percent.
And so our demand is actually um our supply is less than our current demand.
And even with Cole Strip coming online with the megawatts that are coming online, still our supply would be less than what the data centers are being promised.
And so I think that's where rate payers are very concerned.
Okay.
Okay.
Thank you.
Thank you.
So if this body is okay with it, I would just hold this in abeyance.
Okay, hold it in community of the whole.
Okay, thank you.
Ummunication 2025-562.
David Geary, Community Enrichment Directory question Council Commissioner's authorization to schedule the presentation on November 25th, 2025 to provide an update on the municipal parking services century link parking system.
We did have this presentation tonight, so Commissioner Thatcher.
Thank you, Chairman Morgan.
I'd like to make a motion to place on file communication number 2025-562.
There's been a motion made and seconded to place communication 25562 on file.
Is there anything on the question?
Will everyone please vote?
Would anyone like to change their vote?
Would the clerk please record the vote?
12 years nay.
Thank you.
Motion passes.
Number 12, communication 2025-570.
Karen Burns, Community Development Director requesting Council Commissioners approval of recommendation to award the RFP for sale of the 305 West Mercury Street to Jeff Riggs and Keith Waring.
Is there what's the pleasure of the council on this communication?
Is there any miss Burns, I I would ask a follow-up question if I will, um or if I can.
I was I was poised with a question um this week um by a constituent that was asking the question on you know by getting rid of this building or we putting Butte Silver Bow in jeopardy of not having the available space for for expansion in the future, and or we all know that the study commission is looking at maybe changing the form of the government, which could include more full-time staff.
Um would would we be doing a disservice to the to Butte Silver Bow by taking that office space away if we did get rid of this building in in your opinion?
Uh thank you, Chairman Morgan, members of council.
Um I don't believe so.
Um I do believe that we do have some excess space um in Butte Silver Bow's possession.
Um in the courthouse here, I do know that there is some underutilized space on the fourth floor.
On the first floor, um we created um a storage or a staging area for construction.
Um we could draw straws, who gets the old men's bathroom as an office.
Um but it is a usable space and could be turned into an office.
We also have space um on the first floor um just across from the parking commission.
Um it was a storage area for the clerk and recorder's office that could be utilized as space as well.
Um I would say that I know at the health department they have an open pod, um community enrichment uh vacated that pod to move into the um people's complex.
Um so I know that there is space there, and I also believe that there is some space still remaining um in the Don People's Complex for additional offices.
So I do feel like we have some um ability to absorb um additional staff or our offices if needed.
Okay.
Thank you.
Chief Executive Gallagher, just one quick question on that.
I mean, do you know of any plan in your administration or anything coming up where you would need to be utilizing additional space that we don't have?
Chairman Morgan, Commissioners, um, you know, currently I think we're we're able to facilitate um the staff that we have.
I know the study commission is looking at potentially, you know, uh a change of government and and what that looks like.
I don't know any of us really know what that's going to look like, but we do have office space available at the as was stated at the Don People's Complex.
We have space available throughout different areas in Butte Silver Bowl that could be accommodated.
Um the health department has as a stated there's a pod down there.
Um also um, you know, we have some space even still available out at uh out at the new public uh works building, um, our complex out there.
There's office space in there as well.
So um I I don't think we'll have any problem doing that.
It's just a matter of of figuring out who's going to go to what space when that happens.
Okay.
Thank you, Chief Executive.
Uh Commissioner Thatcher.
Thank you, Chairman Morgan.
I'm hoping that it would be okay with uh the rest of council.
I do see Mr.
Riggs in the audience, and I know that some commissioners had some concerns, and I'm wondering maybe uh from last week's conversation, and I know Mr.
Carr in the audience had a concern this evening as well, if maybe we could call him up and have him just address those concerns directly, if he's willing.
Mr.
Riggs.
Chairman Morgan, members of council.
Um thanks for having me up here.
And when I saw Dave in here, I got a little nervous because I think I might have an unpaid parking ticket.
And I didn't know if he was here to harass me, or I was really happy to see him actually on the agenda.
So I'll don't worry, I'll get that paid soon.
Um I do want to address a couple of concerns that have come up about the sale of this building.
And before doing that, I want to acknowledge that I you know um Commissioner O'Leary and Commissioner Anderson that that you know you seem like you're not uh in favor of this, and I honestly don't I I don't think it's an open and shut case, and I appreciate your guys' opinion and the position that you have and and you know what your taxpayers are what you're trying to protect and and I and I do acknowledge and appreciate that part of this, and it's one of the things that I love about this community is that there's there ever people care and they're passionate about it, and we really I love that about this about this community, and I think that it's something that is kept it going and is continuing to make it grow and get better and better.
And so a couple of the concerns, a smaller one, but someone had brought up a couple weeks ago was about conference space.
And one thing that we put in our agreement or our um proposal was to be able to um we have a a website set up where people in our Thornton building, our office building there can sign up for any conference room.
I think there's four conference rooms and a classroom in that building, and that's utilized by anybody in that area, and we're gonna do this we would do the same thing in this building as well, and we would say that the you know we were our friends at the URA utilized that conference room in the BDC, and we would absolutely want them to continue to use that in the city if they needed use of a conference room, a classroom, all that would be in the same um website to go sign up for space, and and that would be something that we would certainly encourage the city to be able to do.
Um I just wanted to address uh Mr.
Carr's comments about the mental health counselors and in part of our um presentation that we gave when we first bought the Thornton building.
One of the first things we did there was we had a mental health consortium in the in the ballroom in that building, and we gave out um little flyers to people about office space in the building, and that was when there it was a pretty low percentage ownership of that building, and it was something that is important to me and and kind of close to me.
And um, I know it's it's it's a very specific and particular thing, but we really worked hard to be supportive and and of that industry.
And I would say you could reach out to we have 15 mental health counselors in the Thornton building right now, and I'd say reach out to any of them and ask them about their experience with us and if they feel like it's a it's a um going well for them.
And so I I appreciate your concern and and just wanted to address that.
Um I think the price is is a tough one.
And again, that's I think a lot of the concern here is what what are we selling this for and what does this look like?
And I think there's multiple ways as as an investor, there's multiple ways to value a building.
One of them is like a rebuild value, and in that case, any of these buildings uptown is completely out of sight, like 10, 20, 30 million dollars to rebuild it as it looks like and that's that's the beauty of this of this of the history of the uptown buildings is they're they're really irreplaceable.
And so it's it's hard to value it from that perspective, and how we've valued them is through an investment and what that what that cost looks like versus what what we're bringing in in the income.
And I know that in during our presentation we put up very quickly a spreadsheet, and I don't know if anyone had any time to go over and look at it, but it is kind of a break-even where it is right now, and that's very similar to some of the other spaces that we bought were in the same boat where we were able to then grow them where they were.
And so that's something that I I again I I don't disagree.
Is it worth more than 450,000?
If if you had to rebuild it, it's not even close.
It doesn't cover 10% of that.
And and so I agree with that.
But what I would say to to the price of it is that right now Butte Silverbow and and I think they've done a valiant job of working in this building and owning this building, but at the end of the day, they're they're they're reacting, they're repairing things that are broken or need fixed.
And that's kind of been the crux of our investments, is we feel like we're revitalizing a building and then a small neighborhood and a small community, and we have three other buildings, two other buildings very close to this one, and we feel like that's kind of what we're doing in this area is we're having we're we're trying to change the neighborhood and change the narrative there.
And was talking to Holly at the SBDDC, and their truck got vandalized a few months ago, and and she was talking about the security.
There's no security out in that parking lot, and those are things like that are right up our wheelhouse and things that we can again help and revitalize that area.
And that's probably my strongest argument for taking over this building, is that we don't want to just react and repair, but to revitalize it.
And I'm happy to answer any questions anybody would have.
Follow up Commissioner Thatcher.
Uh thank you, Chairman Morgan.
Thank you, Mr.
Riggs.
I I appreciate it.
We received an email this afternoon from um uh uh person who toured the BDC, I think maybe alongside you are on one of the days that it was available.
And one of the reasons that she did not decide not to submit a bid was because of major repairs that would be required in the near future.
She listed a full roof replacement, a boiler replacement within the next seven to ten years.
Parapet, I think I'm saying that, I'm not sure, repair.
And replacement of all windows.
Um firstly, would you agree with all of that?
And then on top of it, what other major things?
I know you talked about the doors um security you just mentioned.
Are what other things are you are you thinking would need to be repaired um going forward?
Mr.
Riggs.
Chairman Morgan, members of the council.
I think that the first thing, and we talked a little bit about it in our um presentation would be the security of in the building and making sure people feel safe, getting some lights in the parking lot, getting that door fixed, getting a new security system so that it's not a re relied on the tenants to have to kind of be the last person out, set the alarm kind of a thing, but more of a a professional and and an office um situation.
And so those are things, those are kind of like day one tasks that we would look at doing, and then to be completely honest, I know there are other things in there that need to be addressed, and I think that doing a couple of walkthroughs wasn't an it wasn't an efficient or uh a sufficient enough time to really like dig in to what needs to be done and what those priorities look like, but I think it's something that again, with the history of the buildings that we've had and and kind of how we're able to um go through that process, that's where we feel comfortable at this price, being able to take this on and do the things that need to be done regardless of what we find when when we really dig into the building and our crews over there and and looking into again what we can do to revitalize that space.
So I think that we know some things right away that we want to do, and the vast majority of those are safety and security, and and past that it's then we'll kind of reconvene.
And I know that's a huge leap of faith for you guys to trust someone to take that on and and not double people's rent and and do do all these things that everybody's concerned about.
And again, I understand those concerns, and I don't take that trust lightly, and and it's been that way with the very first building we got that first Baptist Church, where we made a handshake agreement with the folks that the Baptist Church community, and we I take that seriously, and it's something that we will do everything we can to honor the building and the history of it and continue to revitalize that space.
Follow up, Commissioner Thatcher.
No, good.
Uh Commissioner, nope.
You're good.
Commissioner Fisher.
Thank you, Chairman Morgan.
Thank you, Mr.
Riggs, appreciate you being here.
Um if we were to approve the sale of this, is this something would close before the first of the year?
Mr.
Riggs.
Chairman Morgan, members of the commission, um, members of council, sorry.
I think that that's something we would negotiate, and if it was something that the city said we need to do this before the end of the year, we we could if we needed to.
I think our preference would be to start it just after the first of the year, just so that it's a clean year of um books and accounting and that kind of thing, but that's something that's very low on our priority list as far as what that actual date looks like.
So we would be that we would be flexible on what that date would look like.
Commissioner Fisher, just on that question, um, you know, to get this process by the end of the year procedurally, there would have to be a resolution that would be introduced, which would be that first week in December, and then it goes through two readings, and so time frame might be a little short to get it by the end of the year, just talking to you procedurally, just so you're aware, as you probably are.
Commissioner Fisher.
Uh thank you, Chairman Morgan.
I thought here a couple weeks ago we had a resolution prepared, and we just weren't quite ready to move it forward yet.
That's not true.
Uh County Attorney Enruth or Ms.
Burns, I uh I'll let you answer that.
Ms.
Burns, thank you, Chairman Morgan.
Um, members of council, Commissioner Fisher.
So we would introduce the revel resolution after this body um makes the approval to sell the the property.
Um and so we have a draft, but it hasn't been submitted to this body yet.
So just to talk about that procedure as well.
So if this body passed it tonight, it would be in the committee of the whole report, which have would have to be adopted at the December third meeting.
So technically the resolution wouldn't be introduced until the following week, which is the next regular meeting, which would not allow for proper time.
So by the end of the year, even gets even more difficult.
So uh Commissioner O'Leary, unless Commissioner Fisher has a follow-up.
No, Commissioner O'Leary.
Thank you, Chairman Morgan.
I I guess um I won't belabor any of the points uh that I said last week, but I I did uh Ms.
Director Burns sent us uh a copy of the of the resolution or her her draft resolution.
And one of the things that I I don't see in the time or in the uh resolution is any discussion about timelines regarding this property.
You know, it there was a discussion of the of the your plans for the building.
Uh but you know are we gonna hold uh whoever this building goes to, or if it goes to somebody to a particular timeline of of certain renovations, or do we have details about what those renovations are going to be, what those expectations might be.
Uh I don't see anything in the resolution that has any details about requirements of investment or upgrades.
You know, one one thing I'll point out is that we this county sold another property on West Park Street on an RFP about three years ago with stipulations that work was going to start within 18 months, and that still hasn't happened.
No no uh procedure or no movement has happened on that.
So I I'm just uh you know concerned about the the lack of details in this, and I to me it kind of feels like a little bit like a cart before the horse.
I feel like we should have lots of details about what the expectations are and you know what we are expecting of Mr.
Riggs, uh if anything uh besides just some kind of broad general statements uh about what what his plans are for the building.
Uh additionally, you know, I'd like to know if we are intending to put any restrictions on resale of this building, you know, as far as I can see in the in the resolution, there's nothing that would restrict him from buying this building, raising rents, and reselling it within a year.
Uh not saying that you're going to do that, but that's just uh you know concerns I have.
So thank you.
Uh Commissioner O'Leary, was there a question in there or was it a statement?
Sure.
Um Ms.
Burns, do you have any anything to the United States?
Uh thank you, Chairman Morgan, members of council, Commissioner Larry, I would say it's a draft, as I stated, it is a first draft.
Thank you.
The the one question that I would have, Ms.
Burns, is um I have not reviewed the draft in its entirety, but clawback period, sometimes we've put those into these into these resolutions so that if something doesn't happen within a certain amount of time, we we have the ability to get the property back.
My question on that is, you know, at the end of the day, this body is if it determines it sells property, and once we transfer ownership, we lose the ability to mandate a lot of changes for the building.
I mean, to expect them to say you have to have this upgraded by X amount of time and we have to we want to see a new roof on it.
I mean, it it kind of gets to the point of well, who actually still owns the building at that point.
And so I I think you know what we need to try to focus on is like a clawback thing that says, hey, if if we give you the property like we have given into the entities before that after three years nothing happens, do we still have the ability to get that that property back?
That is for our legal scholar here to to write that into that that form.
But I that stuff to me is more controlling than you know, you have to do certain enhancements within a certain amount of time, or we we take it back because at the end of the day, we we are selling a building to a private group to do something with.
But my question to you is clawback, are you considering adding something like that to it?
Uh thank you, Chairman Morgan, members of council.
Um historically, when we use the clawback provision, it is when we're selling a property that's extremely degraded or you know that doesn't have any systems in it, it's a shell of a building, or it's vacant land, and we are requiring them to make a certain level of investment in that property within a time frame, and if they don't, we take that back.
Um I don't consider this technically the same situation given the fact that we are selling it.
I know it's been debated long and hard.
I'm not going to get into that anymore, of the value, but the value of the building is set at a price that I believe would be hard for us to say we're holding you to a lot of conditions, but there could be some conditions that we would ask that you know certain investment be made or certain a safety upgrade or something like that in the building.
And so the draft resolution is just that it's a draft.
Um Mr.
Riggs has not even seen that draft yet.
Um and so I think that it's something that we're kind of getting a little bit ahead of ourselves.
But I did take notes as to what the commission has suggested that they might like to see in that resolution, and I would be happy to discuss that and negotiate that with Mr.
Riggs.
I believe that's part of my job and what makes sense.
And um, you know, uh hopefully I answered your question.
Thank you.
Commissioner That Commissioner O'Leary on the follow-up, and Commissioner Thatcher, Commissioner Fisher.
Thank you, Chairman Morgan.
Um I I guess procedurally uh I have a really hard time with this because we're we're trying to vote on something that we don't have a full picture on, which is really hard for us to do.
And I I guess you know, maybe this is the way we've done it in the past, but you know, if we're going to sell a building to uh to a developer, it feels like we should have all the details about what our expectations are before we agree to allow the county to enter into a buy-cell with a party.
So I guess I I don't know if that's possible in this circ certain circumstance, but it seems like it would be a reasonable thing to do for for this body to get the the the full the full picture of what we are expecting of this person uh before we are making a vote.
So on that question, the only thing that I would say is is this communication would basically award give the option for Director Burns to draft the resolution for this body to consider this communication before us doesn't actually give the property to the to Mr.
Riggs and his company, it just gives Ms.
Burns's department the ability to draft the resolution to be introduced to then be edited or changed by this body.
To to have the time and effort go into a resolution without the council at least giving buy-in enough to say let's proceed, could waste a lot of staff time in order to draft a resolution that could potentially die, you know, as it hits the floor.
And so, you know, procedurally, this just gives the ability that says, hey, we're gonna move forward in the process, we expect a resolution, and then the details can be hammered out in that resolution.
That's why it goes to judiciary, that's why it comes back to the body and then back and forth.
So that would be my only comment on that on the procedural question on that.
Um Commissioner Thatcher.
Thank you, Chairman Morgan.
Um completely agree with you on that.
And also I guess I'm a little confused because what's the point of an RFP?
I mean, that's kind of laying out what we want to see with it, what the idea is, and I understand your concerns with certain other things that uh Director Burns may or may not put in the resolution in County Attorney Enruth.
Um but part of my understanding is the reason we went out for an RFP was you know, so we can kind of understand what exactly we want to see from this property.
Um I do have a question for County Attorney Enrique though.
If this body decides that we aren't going to sell this property to Mr.
Riggs, and considering the many repairs that are required on this building, or say to this Silverbow Development Disability Dis Development Council, how however you say that, um, their van, is there any liability Buserboa is facing when we see safety concerns or building concerns?
There, Van, is there any liability Buser Bow is facing when we see safety concerns or building concerns?
Do we take on, I mean, I'm thinking we do take on any liability in that regard.
County Attorney Anarch.
Chairman Morgan, Commissioner Thatcher, uh yes, the county is always, you know, responsible for its buildings that it owns.
You know, this building isn't to the point that it is dilapidated in such an effect that uh, you know, we could have issues now.
But yes, just like with any building that we own, if we do not go in and repair it, and we know that there's an issue that could create a liability.
And then just on Chairman Morgan's uh comment, that is correct.
The commission tonight is not voting to actually sell the property.
You're simply voting to give Director Burns the ability to start that process, you know, with the individual that's been awarded the RFP, which is we then get into the detailed resolution, or as Director Burns and I spoke about earlier today, a simple resolution with a detailed purchase and sale agreement, but they're coupled together rather than separate.
Um so that's just for everybody's understanding of how the procedure should go tonight.
And you're not voting to sell the property tonight, you're voting to simply allow Director Burns to continue forth with the discussions on selling the property and what those possible uh outcomes look like.
Okay.
Uh Commissioner Fisher.
Uh thank you, Chairman Morgan.
Um we're getting into a lot of different stuff, and uh County Attorney just enlightened us to some real things.
But you know if they've got the money, you know they're buy a building as is where is and you can throw some contingencies in there, but if they're gonna pay the 450,000 dollars and we collect the money and they take the building as it's where is I think Mr.
Riggs has had a real convincing point tonight, and uh he sold me on the idea that I think he's probably a good person to buy the building and move forward so uh I'm ready to uh not ride the fence no more.
I look for somebody to uh make a motion and uh let's vote.
Uh Commissioner Um Boyle.
Yeah, at this time I'd like to make a motion that we concur in place on file this communication.
Okay, there's been a motion made and seconded to concur with communication 2025-570 and place on file.
Is there anything on the question on the question, Commissioner Anderson?
Thank you very much, Chairman Morgan.
Uh thank you, Mr.
Riggs, for being here.
I do appreciate it and thank you for asking the questions.
Uh one thing keeps on popping back into my mind, though, that you said, and it's something that I've been an advocate of a long time.
These buildings are priceless, and they cost a tremendous amount to rebuild.
And when I look at that uh vacant space on Park Street, it reminds me of that daily.
Whenever I drive by it, I look by and go, yeah, still nothing there.
So i i it's good and it's a very worthwhile uh task to look at these older buildings in our community and uh repurpose them.
Uh I was driving down and I saw the work being done on the extra dance uh the uh oh can't think of the name of it uh where the wine bar is and the Mediterranean place.
But anyway, I digress.
Uh as far as this building goes, I think you would do good things with it, and I have a feeling it will go to you.
I will not be voting to sell it to you, though for the those remarks you made.
I'm looking down the future three or four years or another five years, I see how much Bozeman's growing.
I've seen how much communities around here have grown.
I've seen how much this government has grown and our need for space.
We have a good building that does need some work, and we should be taking care of it.
We I understand it's different funds and everything, but still we need to take care of the things that we have, or they'll fall into disrepair and we'll end up paying that 10, 20, 30 million dollars to replace the building.
I have a feeling in five or ten years we may be looking at wow, I really wish that we had the building on the and we shouldn't have sold it.
And uh I think we're gonna have a 400 plus thousand dollar head start on it with the money we made selling it, but that still leaves us uh 19 some million in the hole for it.
I I think that this idea is short-sighted.
I do not like it.
I I think it's a mistake and uh I think I could sit here and talk until I'm blue in the face.
And I'm sure everybody out in Radio Land would love me to do so.
But I still have some pies I want to bake tonight.
I think uh Mr.
U Leary and I uh both and some other commissioners both understand that this is a mistake.
I uh it could go either way, but I think looking down the road it's not the best use of our time, money, or talents, some of these uh pursuits that we're making.
I do wish you good luck on your current properties.
It sounds like you're doing very well.
I saw some of the work that you have done in the Thornton building and uh was really pleased with it.
So kudos for the good job you're doing and uh I hope you continue it, but I simply cannot support this.
But thank you very much for being here tonight.
I do appreciate that.
Thank you.
Okay, thank you.
There has been a motion made and seconded follow-up, Commissioner.
Uh yes, I would like to make a substitute motion to deny this communication and place it on file.
Okay, there's been a substitute motion made and seconded to deny communication 2025-570 and place it on file.
Okay, is there anything on the question?
Okay, so the com the motion that the commissioners are voting on right now is the second substitute motion to deny communication 2025-570 and place on file.
If there's nothing on the question, would the commissioners please vote?
Okay, would anyone like to change their vote or have any questions on the motion?
Okay.
Would the clerk please record the vote?
Three, yay, nine, nay.
Okay.
Motion fails.
We'll move to the first motion, which is to concur with communication 2025-570 and place on file.
Is there anything on the question?
On the question, Commissioner Mankins.
Uh thank you, uh Chairman Morgan.
And um thank you for all the communication with this.
Um Mr.
Riggs being here and answering everything, um, Karen being here.
But I I just want to make sure that, you know, um Karen and County Attorney Enruth kind of put it on the point that this isn't, you know, this is to kind of get this process going forward with this.
Um but I'd also like to add with that process that to make sure I agree with some of these things that uh Commissioner O'Leary is saying that uh we need to have some timelines.
There needs to be some milestones.
So please, um, when you're putting this forward that you have some of these um in there and making sure there is some accountabilities in what we're doing after we sell this building.
Um I really like to see that and just listen to the council this time so this doesn't get delayed and waste any more of our time moving forward if that isn't followed through.
Because it is the final say what goes on after this point and once that resolution is done.
So just make sure that uh things are um followed as um some of us have asked.
But I am definitely in um concurrence with Mr.
Riggs.
I'm almost surprised after so many repairs have been brought up and somebody walked through and said so many things that needs to be done that Mr.
Riggs is still willing to go forward with this.
So um and the first thinking he's gonna take care of security, so I don't know if that roof and all the rest of that stuff really needs to be replaced so soon if uh uh you're gonna take care of security first, but it is a priority of his, so thank you.
Okay.
Uh on the question on the motion, uh Commissioner Anderson.
Uh thank you once again.
I uh do appreciate that and I hope some of those things are put in uh the resolution as it moves forward.
That being said, do any of us really believe that any of that will be followed through with we have these clawback collases on numerous things, most recently the Park Street property and we all see how much construction is started on that one.
So if we do do that, great, but uh we need to be willing to move forward and hold people accountable, and I have not seen that in my uh tenure.
And uh second off why would somebody still be interested in the building even with all of the uh repairs and everything else it seems to need?
That would be because uh Commissioner O'Leary is a hundred percent correct when he states that this building is uh drastically uh incorrectly assessed at that price.
That's all.
Thank you.
Okay, the motion that's before us tonight is to concur with communication 25-570 in place on file.
Is there anything else on the question?
Would everyone please vote?
Commissioner Shea.
Okay, is there anybody that would like to change their vote or have any questions on the motion?
Okay, would the clerk please record the vote?
Nine yay, three nay.
Thank you.
Motion passes.
Next item on tonight's agenda is any public comment on any public matter that's not on tonight's agenda.
If there is a member of the public, now would be your opportunity.
Please state your name and address for the record.
Ready for us, 2000 Roberts Avenue.
I'd just like to uh wish you all happy Thanksgiving and uh Indigenous People's Day.
Um have a wonderful weekend.
Stay safe.
Um don't drive if you're drinking, and uh have a great one.
Thank you.
Is there any other public comment on any public matter not on tonight's agenda?
Okay.
Seeing none, I would ask for a motion to adjourn.
All those
Butte-Silver Bow Council of Commissioners Meeting - November 25, 2025
The Butte-Silver Bow Council of Commissioners held a Committee of the Whole meeting on November 25, 2025, presided over by Chairman Morgan. The meeting featured a public comment regarding the sale of the Business Development Center, a detailed presentation on the new municipal parking services contract and revenue distribution, and a contentious debate regarding the sale of the 305 West Mercury Street property. While the Council approved the sale to bidders Jeff Riggs and Keith Waring despite significant opposition regarding future space needs and the adequacy of current conditions, several items regarding land sales were held in abeyance pending further reports or participant attendance.
Consent Calendar
- Communication 2025-500 (Bid opening for Silver Lake Industrial Water System Improvements) was moved to place on file. Vote: 12 yay, 0 nay.
- Communication 2025-519 (Amending fiscal 2026 budget for gas mask donations) was moved to place on file. Vote: 12 yay, 0 nay.
- Communication 2025-535 (Hearing on unanticipated DNRC revenue) was moved to place on file. Vote: 12 yay, 0 nay.
- Communication 2025-545 (Update on Parks and Recreation operations) was moved to place on file. Vote: 12 yay, 0 nay.
- Communication 2025-562 (Update on municipal parking services) was moved to place on file. Vote: 12 yay, 0 nay.
Public Comments & Testimony
- Ben Carr (Taxpayer and Tenant): Expressed strong opposition to the proposed sale of the Business Development Center (BDC) to a private developer without guaranteed lease protections for current tenants. Carr argued that selling the building at potentially half its value could cause an exodus of mental health therapists, putting pressure on a community he described as having "a lot of therapists that are helping kind of put the finger in the dam." He characterized the potential sale as "short-sighted" that would secure "half-ends" rather than a deal that benefits the community's mental health needs.
Discussion Items
- Municipal Parking Services Update (Dave Gary, Community Enrichment Director): Provided an update on the new contract with Municipal Parking Systems (MPS) implemented in August 2024. Gary explained the 50-50 revenue split on ticket revenue, noting that Butte-Silver Bow's share increased above 50% once the parking garage and safety sticks went online in April due to higher ticket volumes. He clarified that the total revenue of $59,000 included the portion retained by the city from permits and the city's 50% cut of the ticket revenue, distinct from the amount paid by ticket holders.
- Sale of 305 West Mercury Street (Communication 2025-570):
- Commissioner O'Leary and Anderson: Expressed significant concerns regarding the sale, labeling it a "mistake" and "short-sighted." Commissioner Anderson warned of a future "19 some million in the hole" to replace the building if sold. O'Leary questioned the lack of specific renovation mandates or resale restrictions in the draft resolution, citing a precedent where a previous sale on West Park Street had no movement after three years. They argued the county should retain the property to avoid future space shortages.
- Steve Maloney (Not present): Requested to purchase tax parcel 000-189240; item held in abeyance.
- Jeff Riggs and Keith Waring (Applicants): Addressed concerns raised by the public and commissioners. Riggs agreed with the need for immediate security improvements (lighting, alarm systems) and argued that the $450,000 price point reflects an "investment" value rather than "rebuild value," which he estimated would be $10-20 million. He pledged to revitalize the neighborhood and accommodate the local mental health community, citing 15 current mental health counselors in his other properties. He expressed flexibility on closing dates.
- Commissioner Thatcher: Questioned the validity of an RFP process if specific details on repairs (roof, boiler, windows) were not fully vetted before the vote. She noted that a constituent cited major repairs as a reason for not bidding.
- County Attorney Enruth: Clarified that the vote tonight was only to authorize the Director to draft a resolution, not to finalize the sale. They discussed the complexity of adding "clawback" provisions and emphasized that without a sale, the county retains liability for the building's unsafe conditions.
- Sarah Bordoon (Public Comment/Follow-up): Raised questions regarding data center taxation within the "Montana Connections" entity versus outside entities, and water usage discrepancies for SABE vs. Atlas data centers. She requested answers on tax rates and water contracts, leading to a decision to hold the related communication in abeyance until Chief Executive Gallagher could provide specific answers.
Key Outcomes
- Communication 2025-570 (Sale of 305 West Mercury Street): The Council voted to concur with the communication and place it on file, effectively moving forward with the sale to Jeff Riggs and Keith Waring.
- First Substitute Motion (Deny): Motion failed with a vote of 3 yay, 9 nay.
- Original Motion (Concur): Passed with a vote of 9 yay, 3 nay.
- Note: Commissioner Anderson and Commissioner O'Leary voted nay, citing concerns over future space needs, the building's condition, and lack of enforceable timelines for renovations.
- Communication 2025-437 (Sale of Lot 16 & 17 to William Lahood estate): Noted as inadvertently added to the agenda; no action required as prior action had been taken.
- Communication 2025-249 (Salmanson land purchase): Held in abeyance pending a report from the land sales committee.
- Communication 2025-460 (Maloney land purchase): Held in abeyance until December 3, 2025, pending Mr. Maloney's attendance.
- Communication 2025-542 (Maloney land purchase denial): Held in abeyance as it is in reference to the pending Communication 2025-460.
- Communication 2025-520 (McGinnis land purchase): Held in abeyance pending a report from the land sales committee.
- Data Center Questions (Communication 2025-546): Held in abeyance to allow Chief Executive Gallagher and staff to answer specific questions regarding data center taxation and water usage before the Council meets again.
Meeting Transcript
I'll bring the Butch Silver Bow Council of Commissioners Committee of the Whole Meeting to order for Tuesday, November twenty-fifth, twenty twenty-five. Can I please have a roll call? One presiding, eleven present, zero absent. Okay, thank you. Please let the record reflect we have everyone tonight. Um 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 that are on tonight's agenda. Um Ms. Bordoon, you you have a communication on the agenda. So yes. Yep. But if there's any member of the public that would like to speak on any items that are on tonight's agenda, now would be your opportunity. Welcome. Please uh come up to the podium and state your name and address for the record in which communication you're going to talk about. Hello, I'm Ben Carr. I live at eight twenty-one West Silver Street, America. And so I'm speaking about selling, so I'm coming here as a taxpayer, and I'm coming here also as a tenant of the building that's for sale, the business development building. And so I guess I'm kind of confused on the nature of it because it sounds like we're making a lot of concessions without getting a lot of security. So I'm a mental health therapist, and so we live in one of the suicide capitals of the nation. And this building has a lot of therapists that are helping kind of put the finger in the dam, so to speak. And so what I'm curious about is like what's gonna happen if we guarantee that they're gonna honor my lease, and that lease is up in six months, and then we're gonna have a big exodus of therapists. So as somebody who has hired a lot of therapists over the years, I know it's hard to keep people in the community, especially in the mental health field. And I feel like that this might put a little bit more pressure on it. And I'm sure that you guys are like me where it's like you you want to make a difference in the world, right? We're not about necessarily dollars and cents. We gotta balance the checkbook, so to speak, but we want the world to be a better place. If we sell something at half the value to somebody who's just gonna benefit from it and push all of us out who are trying to make a difference, I'm not sure that makes sense. Um I'm totally okay. I think it's totally reasonable to raise the rent, right, to make it a workable business or workable system for the county. But I think as a whole, it's just very short-sighted. We're getting like half-ends and not a whole deal one way or the other. So I guess that's what I have to say. Okay, okay. Thank you. Is there any other member of the public that would like to speak on any item that's on tonight's agenda? Okay. Seeing none, uh, report of the chair. I don't have anything to really report on. I just want to wish everybody a happy Thanksgiving as we move into that. And thank you for tonight's meeting on a Tuesday instead of a Wednesday. Sometimes it's it's hard to retrain yourself to come on a different day. So uh moving on to Section One, bid openings, public hearings and/or presentations, uh, presentations. We do have one of them. Number one, communication 2025-562. Dave Aguirre, community enrichment director requesting council commissioners' authorization to schedule the presentation on November 25th, 2025 to provide an update for the municipal parking services, century link parking system. Mr. Ageary. Uh Mr. Chairman, members of council. For the record, Dave Gary, um, Butte Silverbo community enrichment director.
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