OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Butte-Silver Bow Council of Commissioners Meeting: January 21, 2026

Council of Commissioners & CommitteesThursday, January 22, 2026
BodyButte Silver Bow, Montana
SessionCouncil of Commissioners & Committees
DateThursday, January 22, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
2:11

I'd like to call the Butte Silver Boat Council of Commissioners regular meeting for Wednesday, January twenty-first, twenty twenty-six.

2:18

Clerk, could we please have roll call?

2:24

Ten present, one absent.

2:26

Ten present, one absence.

2:28

Please note that Commissioner Mankins is absent from tonight's agenda.

2:32

Uh Commissioner Walker, could you lead us in the prayer in the pledge?

3:01

And to the Republic for which it stands.

3:14

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

3:19

So I think we have a pretty full house, and we're gonna have people that are gonna want to come up and speak.

3:23

We're gonna stay really tight on the three minutes.

3:25

So as the three minutes ends, you'll see the the lights on here.

3:30

So please adhere to that.

3:32

And once it's done, then we're gonna ask you to to wrap up and then we'll move on to the next one.

3:37

Okay.

3:38

So um if anyone would like to come forward, please come forward, state your name, your address, and the item that you'd like to speak about.

3:48

Make will you will you please turn on the there you'll there's a spot right there, it'll turn on red.

3:54

There you go.

3:58

My name's Mick Ringshock.

4:00

I live at 3310 Hannibal Street.

4:02

And I would like to comment on item number 2026 41, uh council letter to the PSC, if I may as you all know we've got some interest in a data center coming forward, and the PSC is involved with that.

4:20

But I want to just give you a few facts real quickly and a recommendation.

4:27

We all know electrical prices across the country are uh just out of sight, they're surging.

4:32

And there's an outfit called PJM, which is Pennsylvania, New Jersey and Maryland.

4:38

It serves sixty-three million people.

4:41

It's the largest transmitter of energy in the United States.

4:44

They've sent a request to FERC to put a hold on development anymore data centers because of what's happened to electrical rates.

4:51

And this is an example, and it's not here, but in that area for T in June of 2024, a megawatt day, which is twenty-four megawatts.

5:04

Last year, a megawatt day cost 269.62 cents.

5:11

Next year, a megawatt day is going to cost $329.

5:17

There are still areas where the increase has been 17%.

5:21

What's the difference?

5:22

The difference is tariffs and rate classes and strong ordinances in states that have taken action to tighten up the rules and the sideboards for data centers because it's caused such an issue across the country on transmission.

5:40

The PSC has the ability to make rate classifications, and they should separate out the rate for databases from the rate for residential units.

5:51

But this letter from this council on current circumstances is gonna have an impact on that organization.

5:58

And they're the ones that can affect this issue.

6:01

The large load tariffs are critical to what's going on in the energies and the modern energy management.

6:07

Without them, it's it's a you know wild horse race, basically.

6:13

And it's the challenges all come from high demand customers.

6:17

Residential customers will see the rising costs, but you can do a lot to hold them down.

6:24

So specifically, you got to categorize the large energy facilities.

6:29

You have to put them in their own category.

6:31

And then secondly, you have to put a tariff on it.

6:34

And what is the tariff?

6:35

It's a set rate.

6:37

It ensures that the large load customers will pay their share of all of the things that are going on.

6:43

If you look at the data center they built in Washington, they talk about there's four substations around it.

6:49

Just around that one little area.

6:52

And you need to categorize those large energy.

6:55

You have to ensure that the large load customers are addressed.

6:59

So my last thing is we need to require long-term contracts to protect the residential customers from the rising costs, and you have the ability to do this.

7:08

And Commissioner O'Leary, thank you for drafting the letter.

7:12

Thank you, Mr.

7:12

Ringsack.

7:15

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

7:19

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

7:28

No, it's on.

7:29

All right.

7:29

My name is Holly Genson.

7:31

I live at 116054 South Buxton Road.

7:34

I'd like to speak first on uh your communication number 22 tonight, which is the TRAN PAC.

7:40

I went to a board meeting uh at MC TED meeting in December, where they talked about TRANPAC, and it sounds like a nice thing, except for the fact that during the presentation, Mr.

7:52

Ewland stated that they would produce 120 decibels of noise, which is the same thing as a jet engine that would uh would do.

8:01

So I think there needs to be more research into that project before you go ahead with the signing off of that.

8:08

Also, I believe that uh with Mr.

8:10

Ringsack that uh you need some rate controls and also protection for the residents that live at Buxton and the surrounding area from lights, from noise, from all those other things that uh Savvy Data Center could possibly give us besides jobs.

8:28

Thank you.

8:30

Thank you, Miss Sanson.

8:31

Is there any other member of the public that would like to come forward?

8:40

Yes.

8:42

Thank you.

8:42

My name is uh Jeff Gallus, uh 2701 Phillips Street.

8:47

Um I am here uh first and foremost tonight uh uh to beg your pardon on behalf of a friend, but before I do that, I would like to um just take a moment to uh acknowledge uh uh uh this local government um and uh the death of my brother, the untimely death of my brother Michael this past week in uh and uh uh by on behalf of my family uh to point out uh that there are times in the course of uh public service uh where it bleeds over into um goes beyond professionalism and bleeds over into compassion and empathy.

9:33

Right now I'm looking at our sheriff Ed Lester, and uh I'm glad to be doing that.

9:40

Because uh because we have been the recipient of that, and uh you and your in your officers together with uh the uh Jason from the coroner's office.

9:53

I mean we will be forever in in a state of gratitude for the way you've treated us this last week.

10:01

So with that, I will go on to address the reason I was scheduled to be here, which is to beg your pardon on behalf of my friend Mr.

10:09

McGregor, owner and operator of the uh silver dollar owner proprietor of the silver dollar saloon.

10:15

I think in in re in relation to the interim position for uh district ten that uh I understand we'll be addressed this evening.

10:24

Um I'm not sure what the the item number is for that.

10:27

I didn't think to look, but um I would simply point out uh uh well here's his statement uh in consideration.

10:37

He's a uh uh business owner both and resident uh of the district for the past 20 years.

10:44

Uh active during that time in local politics and causes, a regular participant and contributed to the Butte Silver Boat Council meetings and ran for District 10.

10:56

Uh excuse me, uh for the district 10 seat uh in the last election, uh only losing by uh 38 votes.

11:07

Uh also on the board of the Motherlow Theater PAC and uh two two years of active uh many years active in the local drug and alcohol treatment programs.

11:18

Um so that that describes uh Mr.

11:22

Rick McGregor and uh I think what further qualifies him in what he wouldn't have mentioned tonight is that in this past election and in running for the election, uh he he didn't actively run uh for the election.

11:37

Um coming to the understanding that the person who held that office would uh would uh would be in jeopardy of losing their health insurance, he chose not to actively run for uh for the position.

11:52

Nonetheless, he came up uh within 38 votes of attaining the position.

11:58

So I think you know, and I think the reason I mentioned that is simply because I think it speaks to his character.

12:06

Mr.

12:08

If you could wrap up, please.

12:09

I sure will.

12:10

I think it uh speaks to both his character and his ability to put his other people's needs over his own, and and that qualifies him for the position.

12:20

Thank you.

12:20

Thank you.

12:30

Hi, my name is Lila Klobacar.

12:33

I live at 116079 Fleecer Road in Buxton, Montana.

12:39

And I want to thank all of you for your time and hard work as commissioners, because we don't always get to appreciate you guys for everything you do do.

12:49

But I am here today to oppose the data center.

12:53

Um I feel like this topic hasn't been open to the public to speak at, and so that's why I'm here today for our concerns.

13:02

We are concerned about our public health, we are concerned for the health of our environment.

13:08

We are concerned about natural resources, we are concerned about sustainable energy for our future.

13:15

We are concerned for individuals in our community unable to keep their lights on.

13:22

If they remove all the water from Silver Lake, we are concerned about their resources, where they are gonna come from, and where are we gonna get our clean drinking water?

13:34

Um we cannot drink data.

13:36

I know it's part of what everyone wants in this world, but we don't want it here in our community.

13:43

We have no snow here currently, and please tell me this all concerns you.

13:48

Who benefits from these data centers, not the workers, not the community where they are built, what kind of compensation possibly um can be given to us to destroy everything we loved and lived for.

14:04

When I think of Montana, I think of it as the last great place, and I hope you consider it that way as well.

14:11

Thank you.

14:12

Thank you, Miss Clovegar.

14:20

Hi, members of council, I'm Clark Grant, 121 Capitol Hill in Walkerville, and my comment tonight is for communication 2026-05 regarding Bill Anderson's seat.

14:32

I'd like to express my support for the appointment of Butch Gerbrand to the Butte Silverbow Council Commissioners for Bill Anderson's vacated seat.

14:39

I'm an alderman on the Walkerville Town Council, and as someone who's also served as a municipal representative like yourselves, I can assure you Butch would be a great addition to this council.

14:49

Butcher's a retired professor of engineering at Montana Tech, where he taught for nearly 30 years.

14:54

He and his wife Gretchen Geller have resided in District 10 since 1993.

15:00

He is a Butte guy, despite the fact that he was born in Oklahoma, like myself.

15:04

Outside of his work as an educator at tech, Butch has renovated numerous homes and apartment buildings in the uptown area, bettering the district through his own hard work and commitment to preservation.

15:14

He is a civic-minded public servant with a deep understanding of Butte's history, and he's actively involved in Butte's ongoing redevelopment through a variety of volunteer efforts, including as the treasurer for several nonprofit organizations.

15:26

Butch is open-minded, sensible with finances, and easy to collaborate with.

15:59

Thank you, Mr.

16:00

Grant.

16:14

Chief Executive Honored Commissioners.

16:25

I'm here about Section 3 Communications to be read and acted upon.

16:31

One communication number 202605.

16:37

The uh replacement for Commissioner Bill Anderson, District 10.

16:43

Bill Anderson lived about two blocks down the street from me.

16:48

I have lived in Butte for 71 years, and I have lived at my current address since 1981.

16:57

I never had a conversation with Bill Anderson.

17:00

He didn't make it up to my house.

17:07

I have had constant contact with since he moved there.

17:16

So I've known him for about 30 years.

17:23

Anybody in this city that I know that has done more for my neighborhood, my district, and my city than Butch Gerbrand.

17:35

So I would uh recommend that you counselors consider him as the replacement for Bill Anderson.

17:44

Thank you very much.

17:46

Thank you.

17:55

Chief Executive and Commissioners, thank you so much.

17:59

My name is Melody Rice.

18:01

I live at 415 West Broadway, Butte, Montana, right across the street from my dear friend Butch Gerbrand.

18:10

And as my husband just said, we have known Butch for 30 years.

18:14

I believe that our neighborhood also has been improved a great deal and beyond into Walkerville, into other parts of the beautiful city of Butte.

18:27

I highly recommend Butch for taking Bill Anderson's position.

18:35

He is uh a highly educated individual.

18:39

He is a seasoned and conscientious renovator of older and neglected buildings, and he shares my values in many ways.

18:49

He has respect for the community.

18:52

He has respect for the history and the unique character of Butte, Montana.

18:59

He has the values of honesty and he's straightforward and willing to have open discourse with people, which is so important in this day and time.

19:29

He is literally a bridge builder.

19:32

He's a member of the Engineers Without Borders and have helped many people besides people in Butte.

19:40

I trust Butch's highest level of integrity, and I am certain that he will represent me and our district with skill, faith, connection, honesty, and most of all, deep care for us and our community.

19:55

Thank you.

19:56

Thank you, Ms.

19:57

Rice.

20:07

Good evening.

20:09

Chief Executive Gallagher and Councillor Commissioners.

20:13

My name is Sarah Bordoon, and I'm at 1127 Waukesha Street.

20:18

I just have a uh a quick um voice of support for communication 202641, the letter of support for the tariff and ratepayer large load issue to be directed from the council to the PSC.

20:37

I I just wanted to bring forth a couple of um reassurances to the council, and that is that both Virginia, the state of Virginia, and the state of Oregon have created um large load classifications in response to issues they're having in their state about being able to track um increases in their electrical rates and then um the growth of the data center industry.

21:10

So it's not unprecedented for the PSC to consider um a separate ratepayer class, and other states are doing it.

21:17

And then I I did want to um also just you know talk about what residential uh rates are currently in the last year.

21:27

Um the average Montana household under Northwestern Energy uses 873 watts a month.

21:36

Um at the beginning of the year that cost about 113 dollars, and at the end of the year it was 136.

21:44

Um that includes the rate decrease that the PSC enforced after Northwestern Energy attempted to with by bypassing the PSC increase the electrical um residential rate payer rate uh um for that average household to 142.

22:07

So I I just wanted to put those numbers in your head that you know the residential ratepayers are having a great increase in what they're paying.

22:17

I am unaware of the commercial rate.

22:19

Maybe that's part of the research that has happened, but we are seeing nationwide that commercial um rates are staying flat or increasing, but not at the same rate as residential rates.

22:34

So I I think there needs to be some protection and transparency about what large loads are paying through a separate rate class.

22:44

Thank you.

22:46

Thank you, Ms.

22:46

Borden.

22:56

I'm James Rose from 1135 West Mercury Street.

22:59

I'm here to speak on behalf of candidate James Madison for District 10 commissioner.

23:04

And uh I've known James for over 25 years, and uh I know he's been a good contributor to the community.

23:10

He's rehabilitated a number of homes in the district or turned them into tax-paying livable spaces.

23:15

Uh he also manages uh and owns a uh commercial space, has supported a number of businesses in the uptown area for a number of years, and I think he's very in touch with uh the community and the people in the area.

23:27

He's always uh talking around the area, finding out information about what's going on and is very up to date with current events and issues and is aware of uh challenges in the community as well as uh good things going on here as well, and I just think he'd uh be a very good candidate for District 10 Commissioner.

23:45

Thanks.

23:46

Thank you.

23:58

Hi guys, Chief Council.

24:01

I'm here to support James Madison.

24:04

You know, it's pretty exciting that there are this many candidates.

24:08

What what isn't exciting?

24:10

I'm good friends with all of them.

24:11

So anyway, I encourage James to uh to jump on board and I I think that James would add to to the council and to the city government.

24:22

And I also think that uh he is uh uh he's rebuilt several homes, he's invested in the uptown, and he's interested in and he's interested in a better butte.

24:35

And which of course all of us are, and you guys included.

24:39

But um anyway, uh I can't say much more than that about him.

24:43

He's a great guy.

24:44

He's interested in Butte, and I think you guys will have fun.

24:48

I told him this is a fun job, so make it so long.

24:52

All right, thank you.

24:54

Thank you, Mr.

24:54

Sheen.

25:00

Any other uh chief executive, members of the council.

25:12

My name is Evan Barrett.

25:13

I live at 807 West Silver Street.

25:17

I wanted to make uh quick comments on two things.

25:21

Most importantly is uh uh the the letter Commissioner O'Leary has drafted for you to consider.

25:27

Uh it's an uh I appeared review several uh I guess a month or so back, and mentioned that the watchdogs were going to participate in.

25:37

I think I missed mistakenly call it a lawsuit, but we ended up in uh helping to help file the tariff to do substantially what uh this letter is about, which is to set a rate class for the large load and protect the regular customers, your voters and your citizens from having to suffer from the chances of the increased rates that could be result from this kind of activity, this huge uh uh change uh in electricity generation and use in Montana.

26:08

And uh I suggested that you could join the suit or and this is the way to do it, the proper way to do it.

26:19

That was not a particularly good idea, but it's a way for you as representatives of the citizens to say you, the citizens are our first interest.

26:30

Your power bill is of more interest to us than what is paid for by the business in this community.

26:38

And so uh this is a well-written letter.

26:42

It it deserves to be supported.

26:44

Uh the Butte citizens need your help in making sure this gets done.

26:49

So I urge you to give good support to it.

26:52

Secondly, I want to address the uh a moment ago uh addressed uh communication number 2026 34 about the land sale uh for uh TranPAC manufacturing.

27:07

Uh remember I said let's not get the cart in front of the horse when we were gonna get a land sale uh prematurely, I believe, and we're gonna be catching up on that all the time for uh for the data center.

27:22

But when I heard just now, and you heard it too, that there's the the sound and the noise pollution that is attendant to this particular sale.

27:33

I would strongly suggest that you segregate it from the committee the whole report.

27:43

Segregated from the consent agenda, refer to the committee the whole, and let's get some talk about that.

27:49

Before you go, we start selling land, let's make sure there's not a problem here that we'll later on wish we had dealt with.

27:56

So I'd say take it off the agenda right now and send it to committee the whole uh just to make sure we don't get the card in front of the horse on this land sale, the way I think it's uh uh it's a ahead of the the cart when it comes to uh uh the uh data center.

28:16

Thank you very much for your consideration.

28:18

Thank you, Mr.

28:19

Baird.

28:28

If you can see me over, you want to pull back.

28:31

Perfect.

28:32

I gotta drop this down.

28:33

Um Chief Executive Commissioners, um I want to reiterate what others have said.

28:39

Thank you for your service.

28:40

Uh, we don't often have the opportunity to say that to you all.

28:44

Um I also want to acknowledge that I'm neither for nor against the data center.

28:48

Um I'm not against development, but I am in favor of thoughtful, progressive, sustainable development.

28:54

And I think that there are a couple of things that really need to be addressed, particularly for the data center.

29:00

Um as the research shows, when one when a data center is established in an area, there is a very strong chance that it's going to be extant expanded not once, not twice, but up to five times the size of the footprint of that original data center.

29:13

So we not only have to plan for the footprint that is being proposed, but the potential expansion that is likely to happen into the future.

29:22

And some things that I think really need to be addressed to the public is uh the use of the water, obviously in Silver Lake, um, or an alternative source to ensure that it does not compete with fire suppression for the community that's there immediately uh immediately adjacent.

29:37

Um the home value uh with other components, fire suppression, noise, heat, um, and electric costs in many areas.

29:46

Um the value of somebody's home is really the retirement that is their their livelihood.

29:51

Um so if this is a project that you're not willing to put your own retirement on the line for, we really shouldn't be doing that to others.

30:00

Um I'm not saying we are we are not, but that's a good way to think about the pressure that uh this may put on to the adjacent homeowners.

30:06

Um so certainly home value, and then of course, electric costs.

30:10

I feel like a lot of people have addressed that.

30:11

So I will defer to the other comments, knowing that that definitely needs to be locked down as a guarantee for the for the uh not only the adjacent community, but the community at large, our county.

30:23

Um and then, of course, the noise pollution um with data centers, the noise pollution has improved to some extent, uh, but it's got a long way to go, and that definitely impedes on the quality of life.

30:34

Everybody here in Butte, as it has been said, and you know, big sky country, last best place.

30:39

Um noise pollution really is something that other than in um you know measurable and and decibels and and sound measurements, the quality of life is hard to explain when you have a noise component um close to where you live and the quality of life.

30:54

Um and then the heat pollution, which has not yet been addressed.

30:57

So this obviously is a major heat generating entity.

31:00

Um we you know, not having snow here in Butte, we are not isolated.

31:04

Um, but it is the larger uh impact of development that does lead to the shifts in climate, um, but also the isolated area having that kind of heat pollution.

31:15

Um we know a heat island really does have an impact on the re on the adjacent communities and even those uh within an arm's reach that reach out to areas that it may not be uh in close proximity.

31:27

So I encourage you to perhaps delay the transaction until these things can be addressed fully and with a guarantee that people are comfortable with.

31:37

Um, you know, I ask, would you all move next to this data center?

31:40

And until that question is answered.

31:43

So okay.

31:43

Thank you.

31:45

Caposio.

31:46

Stella, can you say your name?

31:48

Della Caposha 1421 West Cold.

31:51

Sorry about any other public comment.

32:03

My name's Adam Sammons.

32:04

I live at 116-111, and I'll make it quick.

32:08

Just want to reiterate some of the same concerns have been brought up about the data center, the heat, noise, light pollution.

32:15

Um, is there any kind of radiation pollution?

32:18

And what will do to the water?

32:20

It'll affect people's wells if it does.

32:23

Are they liable for that?

32:25

And what's the exact like final proposed plan for it be built and what are the long-term effects?

32:31

I don't think anyone knows, and I don't think we want to find out.

32:34

Thanks.

32:35

Thank you.

32:48

Um also regarding communication number 2026 uh dash 41.

32:56

Um Commissioner O'Leary is a great idea.

32:59

Uh assurances are always good.

33:02

Um I love it in terms of power.

33:07

But I'm also super in favor of the data centers being built in Butte.

33:12

They will increase all of the uh a lot of the local tradesmen's um quality of life uh massively.

33:23

But on a different communication, number 2026-24, number 12.

33:29

Um Nathan Bowman's asking for to schedule presentation on the AI-powered flock safety sys uh flock safety camera systems.

33:42

Um do it.

33:45

Don't do it, guys.

33:47

Do not give in to these people.

33:49

Um I mean, you can do a little quick Google research on these things.

33:53

They're just harvesting all of our roadways data.

33:57

I mean, this is Montana.

33:58

We're we're, you know, as as these folks said, the last best place.

34:03

We're also very independent people.

34:05

And um I've heard a lot of anti-corporation rhetoric tonight.

34:10

But this is the actual enemy right here.

34:14

You know, these AI-powered whatevers that are just harvesting your data and selling it to the highest bidder of corporate advertisement firms and other such creepy nefarious insidious um uh interests out there.

34:31

Don't do it.

34:32

Don't do it.

34:33

We don't need them.

34:34

They're overpriced and evil.

34:36

Thank you.

34:38

Thank you, Mr.

34:38

Frost.

34:42

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

34:50

Thank you, Commissioners.

34:52

Ryan Prosek from South Buxton.

35:03

Volunteer fire department as well.

35:06

You got some pretty plush seats.

35:08

I would recommend you guys stand up to your things, and you'll get you'll get through subjects a lot faster.

35:14

But anyways, I've heard like from the community.

35:16

I don't know if this is normal turnout or not, but I think it's a little higher because of the AI thing here.

35:24

Two hours ago, I got invited by a neighbor because it was the first thing.

35:28

So that's a failure on the board here to communicate to the public.

35:34

What is going on and what you're planning?

35:36

Because if I don't know, the community doesn't know.

35:41

So whatever.

35:42

I've been in big business, lived in China, Singapore, you name it.

35:46

I agree with the last two gentlemans up here.

35:49

Think of why.

35:51

From a business standpoint, people were talking about the what?

35:54

The why.

35:55

I challenge this.

35:57

Why are you doing this?

35:58

Why?

35:59

Ask at least five times.

36:01

And if you can come back with that, because you have to answer to this community five times, why are you going to do this?

36:10

Montana is 1.5 million people compared to a data center.

36:16

Do we need 1.5 million of data AI in Montana?

36:22

Or are they going after the rural areas?

36:24

If Chicago needs it, if New York needs it, why are they going after the rural areas of say southern Wisconsin or Nebraska or Montana?

36:36

Ask that question.

36:38

They're going after your personal feelings because I think I'm going to make some money off of it.

36:44

Don't be that person.

36:46

That's all I got to say.

36:48

Thank you.

36:54

Is there any other public comment?

37:01

Louis, you can come up anytime.

37:04

All right.

37:04

Is it hello again?

37:13

Louis Pizanti.

37:15

And I want to state that I'm here representing my personal property and my personal interests.

37:29

You can ask a question, but we can't answer to you.

37:32

The last time was in front of you guys for an environmental impact statement.

37:36

Has that ever been done?

37:38

That's never been got back to me.

37:41

A lot of research has been done with this data center.

37:45

I've heard and done research that after three to five years, the servers have to be replaced.

37:52

I don't know if that's accurate or not, but what I've been told is three to five years they come in and replace all the servers in this building.

38:00

So we have a giant building the size of bigger than the mall was.

39:14

Oh yeah.

39:17

We've got to do a couple other things, but I will be moving section two or section three in above section two.

39:24

So next item on the agenda is the approval of the minutes from the January 7, 2026 regular meeting.

39:30

Commissioner Morgan.

39:31

Thank you, Mr.

39:32

Chief Executive.

39:32

At this time, I'll make a motion that we approve the January 7th, 2026 regular meeting minutes.

39:38

Second.

39:39

We have a motion and a second.

39:40

Do it.

39:41

Is there anything on the question?

39:43

Could commissioners please vote.

39:54

And would anyone like to change their vote?

39:57

Sorry.

39:58

Jump the gun.

40:00

Commissioner Morgan.

40:01

I don't think it's gone.

40:02

And now would anyone like to change their vote?

40:04

Clerk, please record the vote.

40:09

10 yay, 0 nay.

40:11

10 yay, 0 nay.

40:12

Motion passes.

40:13

We don't have any items that are not addressed on tonight's agenda, so we will move on to the chief executive's report.

40:19

I'm going to keep it brief.

40:20

I had a pretty extensive uh report that was going to give, but we're going to have a pretty um pretty long night.

40:26

I I will say that uh Chairman Morgan and myself and uh Josh Vincent went out to Washington DC.

40:33

We were able to meet with every one of our legislative uh congressional delegation out in Washington DC.

40:39

They gave us time.

40:41

We had uh actually two meetings with each individual individual one first day that we were out there.

40:46

We were able to meet with them by ourselves representing Butte Silver Bowl.

40:52

We got to talk to them about our community hub about the loss of the funding.

40:56

The we were able to get a meeting with the EPA.

40:59

We're able also to get a meeting with the Department of Transportation.

41:04

Um, and uh we're able to talk about the issues in Butte.

41:10

I think I'll give a better, more updated uh on the things that we actually talked about.

41:16

We did talk about data centers, we talked about critical minerals, we talked about a lot of different things, and I'll give a more detailed report about it, but it was a really effective time.

41:26

Um I don't know if you as I've gone out there before, we never have had that kind of access before, and we had all access to all four of our uh congressional delegation and then also with staffers afterwards.

41:38

So it was productive and and I think that we represent it well for our community.

41:43

So with that, I'm gonna close out the chief executive's report, and we're gonna move on really quickly to the um section one bid openings, public hearings or presentations.

41:53

We do have one bid opening, communication number 2026-10.

41:58

Mark Nary Public Works Director requesting council commissioners permission to schedule a bid opening for January 21st, 2026 for the water main materials replacement project.

42:09

County Attorney Ann Ruth, do we have proof of publication?

42:11

Uh Chief Executive Gallagher Commissioners, we have proof of publication for communications 2026-10 and 2026-05.

42:21

Thank you, County Attorney Ann Ruth.

42:23

Uh Director Neary.

42:24

Uh thank you, Chief Executive Gallagher Commissioners.

42:27

We have three bid three bids tonight.

42:29

The first one is from Ferguson Waterworks.

42:44

Chief Executive Gallagher, County Commissioners.

42:47

There's a bid bond amount and uh the amount of 10% of the overall bid.

42:51

Thank you, County Attorney Anne Ruth.

42:56

Chief Executive Gallagher, Commissioners, the total bid price is 258,307 and 32 cents.

43:04

258, 307, 32.

43:11

208, 3752.

43:13

Is that correct?

43:14

57.

43:16

Did I miss it?

43:18

258-307-32.

43:20

Okay.

43:20

Thank you.

43:21

And Ferguson Waterworks is from Billings.

43:26

Thank you.

43:31

Uh the second bid is from DSG.

43:50

Chief Executive Gallagher, Commissioners, there's a bid bond amount and the amount of 10% of the overall bid.

43:55

Thank you, County Attorney Anne Ruth.

44:00

Chief Executive Gallagher Commissioners, the total bid price is 237,662 and 67 cents.

44:08

237, 662, 67.

44:12

Just because I have a hard time hearing, I'll say it again.

44:20

Yes.

44:20

Okay.

44:21

Thank you.

44:26

The third uh bid is from Northwest Pipe and Butte.

44:46

Chief Executive Gallagher Commissioners, there's a bid bond amount and the amount of 10% of the overall bid.

44:51

Thank you, County Attorney.

44:53

Chief Executive Gallagher, Commissioners.

44:55

Total bid price is 249,061 dollars and eighty-nine cents.

45:01

24906189.

45:04

I'll repeat once again 249,061 and 89 cents.

45:09

Yes.

45:10

Commissioner Morgan.

45:12

Thank you, Mr.

45:13

Chief Executive, if I can, because I'm sure Mr.

45:15

Anderson is sitting at home listening to this meeting.

45:18

What was the engineering estimate on this one?

45:21

Director Neri.

45:23

Uh Chief Executive Gallagher, Commissioner Morgan, it was 270,000.

45:27

Thank you.

45:28

At this time I'll make a motion that we refer to the bids to the public works department and wait their response back.

45:33

Second.

45:34

We have a motion and a second to refer back to the public works department.

45:38

Is there anything on the question?

45:40

Could Commissioners please vote?

45:47

And would anyone like to change their vote?

45:49

Clerk, please record the vote.

45:52

10 yay, 0 nay.

45:54

10, yay, 0 nay.

45:55

Motion passes.

45:56

Next we'll move on to section three on our agenda.

46:05

Communications to be read and acted upon.

46:07

We have two tonight.

46:09

First is communication number 2026-05.

46:12

John Morgan, Commissioner District 1, requesting council commissioners' concurrence to appoint a replacement of Commissioner Bill Anderson's District 10 on the night of January 21st, 2026 for an interim replacement to be filled until the November 2026 election.

46:28

Commissioner Morgan.

46:30

Thank you, Mr.

46:30

Chief Chief Executive.

46:32

As everybody can tell by the communication that was submitted to this, or that I submitted a few weeks ago to this body is is we've been tasked with finding an interim replacement for Commissioner Anderson, who at the time had moved out of his district to for us to fill that position.

46:51

Just to make sure that everybody's aware, obviously, that the position was posted and people had until um today at 12 o'clock noon to file for the position.

47:02

And then at that point the names were released for people to know who was who we were going to interview.

47:09

The as in the past, um there is the requirement of you know being 18 years of age, being a registered voter, live within the district, and they I believe they have to live in the district for a total of six months prior to.

47:24

Um and so once people met those qualifications, this body has a duty to go through and interview all the candidates that meet those qualifications.

47:35

We did have I I guess right now we have one, two, three.

47:39

We have five people that we will be interviewing tonight.

47:42

There was a couple of additional ones that did not meet those requirements in some way, usually um an address or you know, something along those lines.

47:53

So we will be interviewing five of them tonight.

47:57

Um as we go through this process, we do have a list of questions that we will be asking each of the candidates.

48:05

Um they will be the same questions.

48:07

Um and when we go through and we do these interviews, we'll just go based off of um alphabetical order.

48:14

And so um, as we as we call your name, you know, we'll ask those candidates.

48:20

Let me back up.

48:21

Well, before we start this interview process, we'll ask all the candidates to leave the room and we'll just call them in one at a time to ask the questions.

48:31

Once they've had the opportunity to answer their questions, you are more than welcome to stay to hear the remaining of the ones that are behind you.

48:40

Um and then after we go through that interview process, as we've done in the past, I would ask the commissioners to vote for two of their top candidates.

48:49

So two names would be written down by the commissioners.

48:54

We will then go through and tally those votes, and then of the top two vote getters, you would choose one of them to be selected for the interim candidate for district ten.

49:07

Um and then at that time we would ask that that candidate be sworn in between tonight or after tonight's meeting before next Wednesday's meeting, so that they're able to be seated as a as a commissioner.

49:21

Um trying to think of what else logistic wise that we would need to go on.

49:30

The questions um we personally handed them out to the commissioners a few minutes before the meeting, so even the commissioners didn't have all of the questions, you know, you know, before it, and the reason that I did that was so that they don't circulate.

49:44

I really believe in in interview questions to be held to the to the highest spot as they can.

49:51

And so um, unless there's any questions from the commissioners, I would just proceed.

50:00

Um are there any questions of commissioners?

50:01

I don't see before we start.

50:03

I do want to just thank all of the applicants for for stepping forward and being willing to serve.

50:12

I think it's the highest level of of community service that you can possibly do.

50:17

And I just want to say thank you for for putting your name in, throwing your hat in the ring because there's so many people that that have a lot of opinions about things but don't ever step up to do that.

50:27

So I just want to say thank you for doing that.

50:30

So with that, Commissioner Morgan, I think we're ready to proceed.

50:34

Okay.

50:34

So we do, as we did mention, we do have five candidates.

50:37

Um I'm gonna go through and and just you know, call your name, and if you can just stand up just so I know that you are here or raise your hand.

50:47

I guess yeah, you don't have to stand up.

50:49

Um, Harold Gerbrandt, okay.

50:53

Uh Doug Ingraham, uh Madison James, um Kish.

51:02

James Madison.

51:04

Oh.

51:05

I just follow what I have, so let me let me do the I apologize for that.

51:11

James Madison, James Madison and Kish.

51:17

Okay, and then Brian McGregor.

51:20

Um, just so everybody knows Mr.

51:22

McGregor did send a communicate or an email to us that he's unable to make it tonight, and that's why Mr.

51:27

Gallis was here to just read his statement in it.

51:30

And so he did say in that email that he does plan on running for that position as this thing goes to the next step.

51:38

Um if I will, I'm a little scattered right now.

51:41

Um just so everybody knows as we go through and we appoint this position tonight, this person that we select will be hold the position until November once the votes are canvassed, and then at that point, if they're the winner of the election, they would hold the position going forward.

51:58

In the event the interim commissioner loses the election, or quite frankly decides not to run, they would give the seat up to the to the winning candidate in November.

52:10

So this position was scheduled to be on you know the the ballot in November, and so even if you are the interim one, I want to stress that you still have an obligation to file with the clerk and recorder's office if you intend to run for the position.

52:25

Sometimes people think that if you're holding the position, you're automatically on it, and that and that is not the case.

52:32

So at this time, um I would ask Harold Gerbrandt to come before us and we can go through and answer the questions.

52:40

Everybody else, I would just ask that you go into the hall, and then we will ask you to come in as as your time is here.

52:53

Oh can you close that translator?

52:59

Okay.

53:14

Okay, Mr.

53:15

Gerbrandt.

53:16

I'm gonna go through and ask you a series of questions.

53:19

If you need me to repeat the question, please let me know and I will gladly do that for you.

53:25

Okay, okay.

53:26

Thank you.

53:26

Are all the commissioners ready?

53:29

Okay.

53:30

First question.

53:32

Um please describe your understanding of the roles and responsibilities of the council of commissioners.

53:39

Okay.

53:40

The council of commissioners is the legislative body of the government.

53:46

Um as such.

53:50

You make laws and approve ordinances, resolutions.

53:57

You approve the budget up to the legal as to the legal limits.

54:02

You set or approve mill levies again to the legal limits.

54:08

You work with the chief executive.

54:11

And let me say, Chief Executive Gallagher, that I'll look forward to working with you if I'm assigned to this position.

54:19

Most important, I think you listen to your constituency and attempt when prudent prudent to solve their problems.

54:29

Okay.

54:31

Number two, what motivated you to apply for the interim district 10 commissioner position?

54:38

So District 10 is the smallest of the districts, but I would say not the least important.

54:46

Within its boundaries lie Montana Tech, the mining museum, uh St.

55:00

James Hospital, Orphan Girl Theater, the Motherlode Theater, the High School, the Belmont Senior Center, headquarters of town pump, and all of these entities need support to continue being what I would say the heart of the community of Butte Silverbow.

55:19

And I would like to provide that.

55:24

District 10, I think is in dire need of road maintenance.

55:28

I drive Washington Street going downhill in the vicinity of Broadway.

55:34

And as I approach the intersection, I usually turn into the left-hand lane where the oncoming traffic, when there's no oncoming traffic, because of the war zone of potholes in the right hand lane.

55:50

And then I go back after the potholes.

55:53

And I must say that this drives my wife crazy.

55:57

But it's an issue, I think, in District 2.

56:03

District 2 is uh District 10, I'm sorry, is the heart of the historic district.

56:10

Tourists don't turn off the interstate and enter Butte to dine at Taco Bell.

56:15

They come to look at the history of Butte and look at our historical architecture.

56:23

And uh I would like to advance maintain and advance that historic aspect of District 10 and of Butte Silverbow as a whole.

56:36

I lived in District 10 for a long time for my whole time in Butte, and uh I love the fact that I can walk to many places in the district.

56:51

I can walk to the library, I can walk to the orphan girl theater, I can walk to my bank, I can walk to the courthouse, which I did tonight, and I'd like to keep District 10 and Butte Silverbow safe for all of our residents to do that.

57:12

I want to keep District 10 vibrant, safe, and pothole free.

57:21

Okay.

57:22

If appointed, how would you engage with the community and ensure effective representation of District 10 and Butte Silver Bow's interests?

57:31

I would certainly make my contact information available, uh email, uh, telephone.

57:44

Is there I I know you can't answer questions, but hopefully there is a meeting room here in the courthouse that would be available, and I could set a time to meet with constituents once a week at a certain given time, and that would be the way I'd attempt to talk to my constituents.

58:04

Okay.

58:06

Proving an example of a time when you work diplomatically with individuals holding diverse viewpoints to resolve a complex issue.

58:17

So I was department head of general engineering for 10 years at Montana Tech.

58:26

And uh speak of diverse groups.

58:30

They say that leading professors is like hurting cats.

58:35

They're opinionated, they have different opinions, they're kind of hard to corral.

58:44

I also manage the clerical staff of that department, but most of all I was responsible for the success of the students, and the students were diverse in age, in ability, in gender, in ethnicity, and so this was a diverse group that I was dealing with.

59:10

We had a rogue professor during my tenure there.

59:14

He was smart, he was a good grant writer, but he intended he seemed to offend people as well as students.

59:24

He seemed to prefer male students as engineers rather than female students.

59:33

He was a buddy for the best students, but he tended to ignore or downplay the average student and the poorer students.

59:46

My faculty came to me and said, this guy has got to go.

59:50

Now firing someone at the Montana University system is not an easy job.

1:00:00

Really, the bottom line is there have to be two annual reviews of unacceptable performance and the consent of the administration in order to let someone go.

1:00:13

So I wrote the first unacceptable bowl review for this professor.

1:00:20

I met with him and described such some of his deficiencies, and he was defiant.

1:00:28

During the next year, I interviewed students, faculty, administration, and at the end of that first year, I wrote another unacceptable performance review for this professor.

1:00:45

I talked to the administration.

1:00:48

In the meantime, he had seemed to offend the dean and the vice chancellor and the chancellor, and so the administration was willing to back me in asking this person to leave.

1:01:03

So I sat with down with him and told him that decision.

1:01:09

But we had decided to give him eight months in the job position in order to take care of his affairs and find another job.

1:01:19

We were frankly scared of a lawsuit.

1:01:24

During the next eight months, he did take care of his business.

1:01:38

Describe a challenging situation you have faced and explain how you achieved a positive outcome.

1:01:48

I worked for 12 years in New Mexico as a water resource engineer.

1:01:57

New Mexico is a beautiful place.

1:02:07

But the rainfall occurs in July and August.

1:03:41

So that came to me as the head designer, the head planner for this facility for this dam.

1:03:49

We met with that citizens committee.

1:03:51

We met with the flood control authority, we met with the city of Albuquerque, and the group that I was leading came up with a plan that we would have an undulating horizontal profile of the dam and an undulating horizontal profile of the dam so that it would blend in with the surrounding desert.

1:04:30

And everyone seemed happy that eventually went to design and to construction.

1:04:39

What distinguishes you as the most qualified candidate for the position?

1:04:46

Well, I've lived in District 10 for 33 years.

1:04:51

I worked in District 10 for 23 years before I retired.

1:05:00

The last 30 years I have purchased derelict homes within the Uptown and Walkerville and fixed them up, brought them back into taxable status.

1:05:17

I'm personally I also have two rentals within District 2, District 10.

1:05:26

And by the way, one of those, um, how many years ago, Commissioner uh O'Leary helped me hang the sheetrock back when you're in high school, I believe.

1:05:40

Uh so what I'm saying is I'm invested in Butte and in District 10.

1:05:46

I worked as a civil and environmental engineer for the last 35 years.

1:05:51

I'm familiar with public works.

1:05:53

I designed two landfills in Gallup, New Mexico.

1:05:57

I've served on the SARDA board and the Historic Preservation Commission, and so I'm not a newbie to Duke Silver Bow government.

1:06:08

Um I'm active in the community.

1:06:11

I'm the treasurer for the Butte America Foundation.

1:06:17

We own the radio station just across the street, KBMF, the community radio station.

1:06:24

We run the St.

1:06:25

Patrick's Day parade and the Fourth of July parade.

1:06:30

I'm uh Treasurer for Butte Heart, which is an organization that welcomes primarily Afghan refugees fleeing the Taliban and coming to live in America in Butte, Montana.

1:06:44

I can't get away from this treasure thing.

1:06:46

I'm also treasurer for BPA, Butte Pickleball Association.

1:06:52

All right.

1:06:53

And uh I work with Parks and Recreation who provide the facilities where we uh where we play, and I invite all of you to join that is really a great sport, and it's good for us uh older citizens as well.

1:07:10

Um speaking of pickleball, I'm kind of long and tooth, but I'm very active physically and mentally.

1:07:22

My wife Gretchen and I go to the gym at uh at Montana Tech and work out four days a week.

1:07:29

I play pickleball two days a week.

1:07:33

Um mentally I try to keep current on events in the local community in the state and the nation.

1:07:42

I'm also I also lead the the Butte Chess Club, which meets at the library from five to seven on Wednesdays if you're interested.

1:07:50

I had to leave early to come to this meeting here.

1:07:55

Um I'm retired, but I have and I have time on my hands, and I would dedicate at least 15 hours a week, more if needed, to service to the city with on this commission.

1:08:10

Um I think most important to the constituency is that I'm a good listener.

1:08:18

I will listen to my constituents of District 10.

1:08:22

I will listen to the residents, to the business owners.

1:08:26

I will listen to Chief Executive of Gallagher and to your staff, and I will listen to all of you as well.

1:08:35

And together then we can move this community forward and keep our citizens safe and secure.

1:08:43

Okay.

1:08:45

Do you intend to file for the position in the upcoming primary election?

1:08:50

At this point, yes.

1:08:52

Okay.

1:08:53

If selected, when would you be available to assume your duties?

1:08:58

Tonight.

1:08:59

Okay.

1:09:00

And then lastly, uh, do you currently live at the address that you submitted on your application?

1:09:06

Yes, I do, 412 West Broadway, heart of District 10.

1:09:10

Okay.

1:09:11

Thank you very much for your time.

1:09:13

Thank all of you.

1:09:15

Thank you, Mr.

1:09:15

Gerbert.

1:09:24

Next one would be Douglas Ingraham.

1:09:28

Sheriff, if you can microphone.

1:09:46

Welcome, Mr.

1:09:47

Ingraham.

1:09:48

How are you?

1:09:48

Good.

1:09:48

How are you guys today?

1:09:50

Doing all right.

1:09:51

I'm going to go through and uh ask you a series of questions.

1:09:54

If you need me to repeat any of them, please let me know.

1:09:57

I have no problem doing that.

1:09:59

Sounds good.

1:09:59

Okay.

1:10:00

First question.

1:10:02

Please describe your understanding of the role and responsibilities of the Council of Commissioners.

1:10:08

The Council of Commissioners is responsible for setting and uh preparing code and the general business operations of the county of Silverbow and the city included therein.

1:10:21

Okay.

1:10:23

What motivated you to apply for the interim district 10 commissioner position?

1:10:29

I uh believe that you should put your money where your mouth is essentially, and if you uh have opinions on government, you should be uh an active part of that.

1:10:40

And I've uh long been a part of many different forms of government uh with our business.

1:10:48

Uh this would be my first try at City County government.

1:10:52

Okay.

1:10:55

If appointed, how would you engage with the community and ensure effective representation of District 10 and Butte Silverbow's inter interests?

1:11:05

That's a challenge in the six months that uh the position is guaranteed, but um I would definitely endeavor to find out what all of my uh constituents' uh opinions are on matters.

1:11:18

Um my personal matter is only one vote among all of those people, so I'd want to make sure I was able to represent them in a fair manner.

1:11:26

Social media, uh, email, and what other tools that are acceptable and available through the government to contact those individuals directly, I would avail myself too.

1:11:38

Okay.

1:11:40

Uh provide an example of a time when you work diplomatically with individuals holding diverse viewpoints to resolve a complex issue.

1:11:49

Um I have had recently a human resource issue within my business between two people.

1:11:57

Uh a prank got carried a little bit out of taste and a little bit too far.

1:12:02

I had to work on making sure that the person that was subject to the prank had their needs met and felt heard without um putting down their assessment of it, and yet I had to protect both the business and the situation that we were in with our customers and the uh environment to ensure that um there was a positive resolution, which both members of that were involved in the claim could understand and appreciate, and we were able to achieve that.

1:12:39

Okay.

1:12:40

Describe a challenging situation you faced and explain how you achieved a positive outcome.

1:12:48

Oh, I faced a lot of challenging uh situations.

1:12:51

Um I would say the one that comes forth to mind is I uh have only been using this chair for two to three years.

1:12:59

I am not strictly uh bound to it.

1:13:02

Um I often tell people I can walk into the convenience store and grab a gallon of milk, but I don't want to walk into Walmart and do the same thing.

1:13:10

Um distance-wise.

1:13:12

So I've had to in my life right now learn to adapt a lot of different things.

1:13:17

Um the kidney transplant I have had recently is giving me a whole lot of life back, but I have to use all the tools.

1:13:25

Um whether it's a wheelchair or other people, and that was an effort to me to make sure I could learn to rely on other people as much as they could rely on me.

1:13:36

So thank you.

1:13:37

Okay.

1:13:40

What distinguishes you as the most qualified candidate for this position?

1:13:46

I will say I'm a qualified candidate for this position.

1:13:51

For uh I've ran a business in Silverbow now for I've lived in the district and ran a business for over 20 years.

1:13:59

Um 23 years right now.

1:14:02

Um my dad's been doing it 32.

1:14:05

We have grown from a 400,000 a year business to an over 4 million dollar a year business.

1:14:12

Um we have invested in Butte and property surrounding here.

1:14:18

Uh I have 30 employees uh at peak season.

1:14:22

I've had employees that have been with me in excess of 15 years, so I have employees that choose to stay with in a very high turnover industry.

1:14:32

And uh I have a lot of good people and a lot of good friends around here that I think I can bring a uh unbiased viewpoint to the council.

1:14:44

Okay.

1:14:45

Do you intend to file for the position in the upcoming primary election?

1:14:50

I expect to, yes.

1:14:52

Okay.

1:14:54

If selected, when would you be available to assume your duties?

1:14:59

Immediately.

1:15:00

Okay.

1:15:00

And then last question uh do you currently live at the address that you submitted on your application?

1:15:06

Yep, 604 Utah Avenue.

1:15:08

Okay.

1:15:10

All right.

1:15:11

Thank you, Mr.

1:15:11

Ingram.

1:15:12

That concludes the questions.

1:15:16

Next one would be James Madison.

1:15:31

Sheriff, would you mind reminding Mr.

1:15:33

Ingraham that if he wants to, he can stay in here and listen.

1:15:40

Welcome, Mr.

1:15:41

Madison.

1:15:41

Thanks.

1:15:42

How are you?

1:15:43

Good.

1:15:44

I'm going to go through and ask you a series of questions.

1:15:47

Okay.

1:15:48

If you need me to repeat the questions, just simply ask for it.

1:15:51

I have no issues with repeating those.

1:15:55

The first question.

1:15:57

Please describe your understanding of the roles and responsibilities of the Council of Commissioners.

1:16:03

Well, I think my understanding is that basically you guys set policies, you oversee resources, budgets, and you make long-term decisions.

1:16:19

You place a critical role in sharing the uh that the public institution institutions remain effective that we have set up.

1:16:29

Okay.

1:16:31

What motivated you to apply for the interim district 10 commissioner position?

1:16:36

Well, I've for almost all of my professional life, I've been in public service at the Montana Bureau of Mines and Geology.

1:16:46

Um mostly putting reports together, putting out data, but also receiving receiving telephone calls from the public, um answering phone calls as far as uh how deep to drill a well, where to drill, working with drillers, things like that.

1:17:04

So I like that public service aspect, and I see that this is a real public service aspect.

1:17:12

So if appointed, how would you engage with the community and ensure effective representation of District 10 and Butte Silverbow's interests?

1:17:25

Well, I would try to try to get out and talk to people I know in the community, make an effort to introduce myself and talk to people that I don't know in the community, and listen to people talk, get advice from people, and that you know, just try to inform myself, inform the public.

1:17:46

Okay.

1:17:48

Provide an example of a time when you work diplomatically with individuals holding diverse viewpoints to resolve a complex issue.

1:17:57

Well, um, I serve on the board of water well contractors, and we have to resolve disputes.

1:18:06

Um sometimes it's between two, it's between a landowner and a driller, or it's a disciplinary action with a driller.

1:18:16

So we just have to be diplomatic.

1:18:21

Um just trying to think of one.

1:18:24

Uh we had a driller that he drilled a well.

1:18:28

A year later, another guy came back and looked at the log and it said it had 300 feet of plastic in it.

1:18:35

Well, it didn't have 300 feet of plastic in it, and we get the driller in there, it's you know, we had to resolve the issue.

1:18:43

Well, he admitted he didn't put the PVC pipe in.

1:18:46

So uh the landowner got money for the PVC, the driller.

1:18:53

We had to uh basically uh discipline the driller for that to what he did.

1:19:04

Okay.

1:19:06

Describe a challenging situation that you have faced and explained how you achieved a positive outcome.

1:19:14

Oh boy, uh let me think about this one.

1:19:29

Could you repeat that again?

1:19:31

Yeah.

1:19:31

Absolutely.

1:19:32

Describe a challenging situation you have faced and explain how you achieved a positive outcome.

1:19:40

Well, um, just thinking back, my my wife and I owned the Broadway Cafe for 20 years, and we had employees, of course, and plenty of uh discipline problems, but yeah, one employee in particular wasn't doing his job, kept repeating it, and basically the hardest thing I ever did was fire that employee.

1:20:00

repeat that again just yeah absolutely describe a challenging situation you have faced and explain how you achieved a positive outcome we'll um just thinking back my my wife and I owned the Broadway Cafe for 20 years and we had employees of course and plenty of uh discipline problems but yeah one employee in particular wasn't doing his job kept repeating it and basically the hardest thing I ever did was fire that employee so people that say oh I just fire him that's firing someone's really hard so sure what distinguishes you as the most qualified candidate for this position well I think I have a pretty good background with my historic preservation I think in my cover letter I mentioned the four queens we both did 1998 and it was 50 percent there 50 percent needed remodeling so we tackled that um I have a house at 112 with silver that I've just about finished with and uh my first oh 15 years at the Bureau of Mines and Geology I provided technical um oversight uh for Superfund worked on a lot of super fund issues um mid-90s we uh I was on a team that put together the TRA time critical removal actions for the Colorado tailings you remember the Alice dump and Pitt and the Missoula Gulch Buffalo Gulch and all the stormwater basins you have worked on a team with other um state agencies and consultants to uh get that done I think that turned out really well so in a timely manner in this time critical removal action do you intend to file for the position in the upcoming primary election I'm I'm thinking very hard about it okay um if selected when would you be able to be available to assume your duties immediately okay and then do you currently live at the address that you submitted on your application.

1:21:55

I do okay all right that concludes the questions thank you very much for your time that was easy feel free to stay and listen to the remainder of the applicants and next one is Ann Kish saying that right Miss Kish I'm I hope I am in pronouncing that correctly you are okay well welcome to the to the meeting I'm gonna go through and ask you a series of questions if you need me to repeat any of the questions please just simply ask I have no problem doing that.

1:23:00

First question please just I guess I'll uh please describe your understanding of the role and responsibilities of the council of commissioners can you hear me?

1:23:13

Yes okay Chief Executive Gallagher Chairman Morgan members of the commission thank you for giving me this opportunity this evening to apply for this position um the role of the council of commissioners is that this is the legislative branch of the county government and with that um there are some very specific duties that are delegated um an example some examples of them would be um adopting ordinances pertaining to things like planning um pertaining to things like economic development accessibility of course budgeting is a large is a large role of this commission um employing an attorney um and then in all of these endeavors I the role of the commission is to make sure that you're seeking out the information that you need to carry out these things um in an in the most informed way possible I got that sort of definition that I just gave you that was from the materials that you uh provided um in the job description um it was either stated or implied um but I do think there's another important role for this particular interim position and that is to support the initiatives and the priorities that have already been set and are already in motion I did attend the the council meeting a couple of weeks ago and I heard um chief executive gallagher give his first executive report of the year and he did lay out some of those priorities um some things that are already happening and um a few of those one was to uh leverage this incredibly mild winter to

1:25:00

out these things um in an in the most informed way possible I got that sort of definition that I just gave you that was from the materials that you uh provided um in the job description um it was either stated or implied um but I do think there's another important role for this particular interim position and that is to support the initiatives and the priorities that have already been set and are already in motion I did attend the the council meeting a couple of weeks ago and I heard um chief executive gallagher give his first executive report of the year and he did lay out some of those priorities um some things that are already happening and a few of those one was to uh leverage this incredibly mild winter to get ahead in some of the construction projects um I also heard about the travel to DC and to think about ways that it I I if I understand correctly that um pass through funds during emergencies could be distributed to the people as quickly as possible who need them I think that's something that after COVID all legislative bodies who do receive pass-through funds are interested in getting those mechanisms ready for the next time that that kind of a thing happened um and then of course the the SABI data center um continuing with the exploration of that so those are the roles um that I understand there are the the prescribed roles that are that are always constant and then there's the role to work with this council and to work with the chief executive in making sure that we prioritize attending to the things that have already been decided the priorities that have already been set and are in motion.

1:26:37

Okay.

1:26:39

What motivated you to apply for the interim district 10 commissioner position there was a very specific moment that motivated me I was watching KXLF.com and John Amy was explaining the situation what was going on and that you were going to need to be looking for an interim appointee and I'm currently an electronic resources librarian so I spend every day thinking about the information infrastructure that facilitates the transmission of data and um so I do have the SABI data center on my mind and so I thought well I sure hope they can find somebody who understands the gravity of this of this issue that you're facing somebody who will be patient and listen to the many many facets of of this initiative and really by the time I I completed my list of the things that I hoped that you would find in a person I did realize um when John Amy concluded that I was that person and I felt like I was motivated to jump into that but I did need to give that more thought because I don't want to be someone who comes in with one single issue with one agenda and so I I you know have done a lot of research about or just reading your um your agendas and watching your videos and seeing what is happening right now there is a larger motivation that I have and that I think a lot of us maybe have and that's that we're looking at you know some chaos in government in general and we're just thinking well what can we do you know our bodies have nervous systems and if I were to describe the national political scene I would describe it as um the national body is dysregulated and I think I look at these local government bodies and I see regulated bodies I see regulated groups and I see people talking to each other I see people engaging in civic dialogue what I see locally what I see in this group is people who are engaging in the tenets of democracy and who are preserving the fundamentals of democracy right now and they think well what can I do my sphere of influence it doesn't extend to national politics my sphere of influence extends to my community and I would be part I would like to be part of that regulated process where we are preserving democracy and if that's playing out throughout the throughout the country then we're gonna be fine we're gonna weather we're gonna weather some national dysregulation okay if appointed how would you engage with the community and ensure effective representation of district 10 and but Silverbow's interests I do think that I something that I don't know is what was already happening even though I am I am a citizen of that district I I don't know how my input has been collected or

1:30:01

Okay.

1:30:03

If appointed, how would you engage with the community and ensure effective representation of District 10 and butte Silverbow's interests?

1:30:14

I do think that I something that I don't know is what was already happening, even though I am I am a citizen of that district.

1:30:24

I I don't know how my input has been collected or always what how I've been able to give my input short of coming to this to this body.

1:30:39

I've never so I I would want to know if there was something that was happening that I'm just not aware of that I would like to continue.

1:30:46

But I do think that District 10 being so small has the advantage of being able to visit people, walk around.

1:30:58

I I like the idea of setting up in a public space like a park and having sort of just an open hour with donuts or whatever, and um having people giving people that opportunity, but also um I do think it's a small enough district where I would be able to approach constituents who I haven't spoken to, to the business owners in particular who I haven't spoken to, but of course they're easy to find.

1:31:31

I know where exactly they are and when they're there.

1:31:34

So I would like to take that initiative to um hit the pavement a little bit, which isn't always possible in a larger district, I think, but in 10, I think it is.

1:31:46

Okay.

1:32:03

Something that I haven't mentioned is um my background in government.

1:32:09

I've I've worked in government for both the federal government and the state government for a long time.

1:32:17

Um of the roles that I've served is I I was appointed to two terms to the state library commission, um, both times by Governor Bullock, and in my second term, I did serve as the chair of that state commission.

1:32:39

Um the state library is a small state agency, but there is a lot that is happening there, including working with the cadastral, which is the number one most used website in Montana government.

1:32:58

Um the talking book library, early literacy programs, um the Natural Heritage Program is goes through there, and they any agency that collects any group that collects data sets that are neutral and that any other government agency might be able to use, goes through the state library because they are the experts in collecting and organizing and disseminating information.

1:33:25

So, for example, the Natural Heritage Program would collect a lot of biological information that would be that would then be used by the BLM and others to inform public land use policies.

1:33:39

So budgeting for that agency is extremely difficult.

1:33:48

There's a tremendous competition for limited resources, and each agency does have some of that pass-through funding.

1:33:55

So there is a basis of funding, but there are still budget decisions to be made.

1:34:14

So for that to chair that commission was very tough to come up with the budget and to come up with the plans on which initiatives to support.

1:35:00

So my approach to working diplomatically is that I don't think that there is a time when you start preparing your budget for the year.

1:35:05

I think that every conversation that you have throughout the year, every public comment that's given throughout the year, every relationship that you're building, those all inform those budget priorities.

1:35:21

Everybody gets the voice, and they don't get the voice at the budget meeting.

1:35:25

They get the voices throughout the year.

1:35:29

Okay.

1:35:30

Describe a challenging situation you have faced and explain how you achieved a positive outcome.

1:35:40

I think a lot of us would agree that the most disruptive thing that has happened, I know in my career, I think in a lot of people's career, it was COVID.

1:35:51

And I did have to participate in moving an entire state agency online, but at the same time I was a library director, and I had to uh at the University of Montana Western at the time, and I had to move my staff online, but still be able to support the students because school didn't stop.

1:36:17

Support the students, hold them to high standards, and provide them with the materials that they needed to complete their education.

1:36:25

That was incredibly difficult.

1:36:28

Fortunately, in libraries, we did already have a lot of the technology that we ended up making good use of.

1:36:36

It's just that a lot of people weren't comfortable with that technology, and it was being used on a scale that we hadn't used it before.

1:36:44

So we actually did see, you know, other countries, Italy in particular, um closing, and we began um proactively hoping that it wouldn't reach America, but knowing that it would, and proactively going ahead and setting up those systems and practicing having people work remotely so that we could identify the problems, we could identify mostly who needed more training in the technology to be able to make that happen.

1:37:14

That was the biggest hurdle.

1:37:16

Um teaching professors how to put materials online, professors that weren't um anxious to do that because they didn't sign up for online learning or teaching.

1:37:27

Um the good that came out of that is that the all of the staff had an incredible amount of technology training.

1:37:36

They learned new modalities to complete their job, oftentimes more effective, and we see that continuing in that now our faculty members, and it wasn't just my institution, it was across the board at higher education institutions, um, they're more willing to use electronic resources now.

1:37:58

And at this point in time in the world, electronic resources are far superior to most of our print resources, or at least they're far more affordable.

1:38:06

So it's what we have available, so it did change the face of education, not just me personally doing this, but um being part of that at one at one library.

1:38:19

Okay.

1:38:20

What distinguishes you as the most qualified candidate for this position?

1:38:29

I see a lot of qualified candidates.

1:38:32

Um, I don't see them, but they're behind me.

1:38:35

Um I think that anybody who's wanting this position is going to be um you know good at listening.

1:38:44

Um they're gonna want to be accessible to their students, uh to their constituents.

1:38:50

I think that everybody has the best of intentions in applying for this university in applying for this particular position.

1:39:00

Um so I do want to to compliment um everybody who is applying for this.

1:39:09

I think it comes down to this body thinking about who has the most to bring to the table, and that can be defined in a lot of different ways.

1:39:23

I think that um to make the case for myself, which is the question, I would say that my particular experiences and points of view are something that are missing from this body.

1:39:44

Um, and there's a lot of experience here represented.

1:39:49

There's a lot of expertise in this room, and I think that an important consideration for this body would be to think well, who is going to bring something different?

1:40:02

This is my um fourth year living in Butte.

1:40:06

I've participated enthusiastically in Butte.

1:40:12

I just came from a from a meeting with the Butte Fair board that I'm on to pin down logistics for this county's fair.

1:40:21

I serve on the Butte Um Symphony Board.

1:40:25

I'm I'm very engaged in in this community, and I've sat back and learned a lot about the community.

1:40:31

So I think that four years does qualify me to join this board.

1:40:38

I think it would be a stretch to say that I bring fresh eyes, but I do bring relatively fresh eyes.

1:40:47

I would bring relatively fresh eyes to this to this board.

1:41:05

That's something that is has been a regular part of my career.

1:41:11

And my background in information science is something that I I don't think is already represented.

1:41:18

So I think to have these really rigorous, important conversations that this body needs to have.

1:41:47

Do you intend to file for the position in the upcoming primary election?

1:41:54

That is that is my default thought, yes.

1:41:59

But I do also think that you know I I'm measured and careful and cautious, and I think it's amazing to have an opportunity to see if this is right for me, to see if the constituents are going to respond to me in the way that I think they are, um that they are going to engage with me in the way that I I hope they will.

1:42:21

I think there'll be a learning curve in that and I I understand that you should um file in May for the if you're gonna run.

1:42:34

I'm I'm not sure if that's if that's accurate, but I do think that there is plenty of time for me to um see what's working and what's not working and see if I can um course correct if needed, and then make that decision.

1:42:56

So I so I don't have an answer to that, except that the default expectation is for in my head is that um that it that would be my goal.

1:43:07

Sure.

1:43:08

Okay.

1:43:09

Um if selected, when would you be available to assume your duties?

1:43:15

I heard in this meeting that you were considering doing a swearing in after this meeting.

1:43:23

Um and if that happens, then I I would be available immediately upon swear-in, whenever that is.

1:43:30

I'm immediately available.

1:43:32

Okay.

1:43:33

And the last question, uh, do you currently live at the address that you submitted on your application?

1:43:39

Yes, nine North Excelsior.

1:43:41

Okay.

1:43:43

All right, that concludes the interview questions.

1:43:45

Thank you so much.

1:43:46

Thank you for your time.

1:43:48

All right.

1:43:48

Please feel free to stay in the room as we we go to the next process.

1:43:59

All right, uh ladies and gentlemen of the council.

1:44:02

Um that concludes all of the interviews.

1:44:05

Mr.

1:44:05

McGregor, um, as I indicated earlier, was not able to attend tonight's meeting, but he does plan on running for the position as it is open for for the election process.

1:44:16

So with that being said, it is if we go through and follow the procedures as set forward, you have a couple ballots in front of you.

1:44:25

You have one that has two lines on it, and then you have one other one that has one.

1:44:31

At this time, I would ask that you fill out the ballot that has the one and the two with the top two candidates that you've you uh would like to see in this position.

1:44:42

And then as it's been, we need to have you sign these ballots with your name so that the clerk can either read them or just make sure that they know who it is.

1:44:53

And then once we get these submitted, they will go through and read the votes in into the public record.

1:45:00

So does anybody have any questions on the voting procedure?

1:45:03

Again, one and two, your top two candidates.

1:45:13

Commissioner Shea, did you want to?

1:45:15

I yeah, I think that right write them down and Commissioner Shea.

1:45:19

Yeah, I don't really have a question, but um, Chairman Morgan, would you um please clarify whether or not um we are able to vote for Mr.

1:45:26

McGregor?

1:45:28

Commissioner Shea, Commissioner Morgan.

1:45:30

Um I believe that since he filed he you you have the opportunity uh to vote for any of the candidates that were there that were listed today Commissioner Morgan uh I'd have to refer to the county attorney.

1:45:50

I mean I could I mean it's County attorney Ann Ruth Chief Executive Gallagher Commissioners, yes.

1:45:57

Uh it wasn't part of the requirements that he have to fully interview the requirements that were met that he filled out the application, however, it was a job interview that someone didn't show up to, so I suggest that the council take that into consideration.

1:46:10

Thank you, County Attorney Anne Ruth.

1:46:16

And then could we have once the votes are counted, please collect them?

1:46:49

Thank you.

1:47:09

Okay.

1:47:09

Uh yeah, we'll have you read them.

1:47:12

Okay.

1:47:24

Commissioner Thatcher, Harold Gerbrand, and Ann Kish.

1:47:34

Commissioner Callahan, James Madison, Ann Kish.

1:47:40

Commissioner Walker, Harold Gerbrand, Ann Kish.

1:47:47

Commissioner O'Neill, Douglas Ingraham, Harold Gerbrandt.

1:47:56

Commissioner Morgan, Harold Gerbrand and James Madison, Commissioner O'Leary, Harold Gerbrand and James Madison, Commissioner Shea Gerbrand and Ann Kish.

1:48:22

Commissioner Fisher, James Madison, Harold Gerbrand.

1:48:32

Commissioner Boyle and Kish, James Madison.

1:48:40

And Commissioner Healy, James Madison, and Kish.

1:48:47

We have a tie.

1:48:53

So can you give us the final tally for each of the candidates?

1:48:58

So for Ann Kish, um, that would be six.

1:49:03

James Madison, six.

1:49:10

Um Douglas Ingraham, one.

1:49:13

And Harold Gerbrand, seven.

1:49:18

Thank you.

1:49:19

So procedurally on this, we'll need to break the tie of the so we will be doing vote for the second name that moves forward.

1:49:35

Would that be correct?

1:49:38

County attorney Anne Ruth.

1:49:40

Chief Executive Gallagher, Commissioners, it's abuse of verbal county doesn't have anything on the books, and I don't believe there's anything in statute.

1:49:47

It would be similar to how you've done processes in the past, but if we're looking at going forward in the same manner we've done before, yes, I would suggest on having a tie-breaking vote uh between uh Mr.

1:49:58

Madison and Ms.

1:50:00

Kish, and then having a final vote between whoever uh comes out on top of that with uh Mr.

1:50:05

Harold Commissioner Morgan?

1:50:08

Just on the on the question on that, I mean this this would get added to the next procedure if we ever have to do this again, but I mean technically on on the on the request you had the top two candidates move forward, and so on this particular one you would have three candidates, so could you not just have the top three candidates would be up for final selection with the commissioners?

1:50:36

True.

1:50:36

Uh excuse me, Commissioner, excuse me, Chief Executive Gallagher, Commissioner Morgan.

1:50:40

I apologize for stepping in first.

1:50:42

That is also the other thought I had is you could proceed forward with all three for a final vote.

1:50:49

Thank you, County Attorney and How do you want to decide which process we want to go?

1:50:56

Do we would we'd like to take a vote on the top three?

1:51:04

Just go forward or break the the tie on the second.

1:51:08

Commissioner Shea.

1:51:09

Thank you, Mr.

1:51:10

Chief Executive.

1:51:10

I think that this body could probably make some motions and vote on process.

1:51:15

Does that sound I think that would be the pleasure of the chair?

1:51:19

If that's the case, I would make a motion that we um do have a runoff vote between Kish and Madison to determine the second um spot.

1:51:31

We have a motion and a second to have a runoff um with the the second place candidates.

1:51:38

Is there anything on the question, Commissioner Morgan?

1:51:42

Thank you, Mr.

1:51:42

Chief Executive.

1:51:44

Just on the discussion of the motion, what happens if it's a tie again on that particular setup?

1:51:51

I I would assume that people would stay the same.

1:51:56

That I would just throw that out as a question.

1:51:59

Commissioner Callahan.

1:52:00

I would just add like to add in the past.

1:52:03

Would we had tie votes on the chair and the vice chair?

1:52:08

We just pulled out of a hat.

1:52:13

Yeah, I don't know.

1:52:17

Well, um we do have a motion and a second to to on the procedure of of Commissioner Shea.

1:52:23

Um if we do have a tie vote, I guess we could go back to another motion.

1:52:31

Okay.

1:52:34

Um so what yeah, what what form do you want to vote on since we don't have another form?

1:52:42

Commissioner Morgan.

1:52:43

Thank you, Mr.

1:52:44

Chief Executive.

1:52:45

First, we have to vote on the motion.

1:52:46

Oh, yeah.

1:52:47

If that's what this body wants to proceed on, and then after that we'll work through the logistics.

1:52:52

That sounds good.

1:52:53

So we have a motion and a second.

1:52:54

Anything else on the question?

1:52:56

Could Commissioners please vote?

1:53:03

We'll give the clerks a second to get it set.

1:53:31

Commissioner Walker, I don't think yours.

1:53:33

There we go.

1:53:34

And would anyone like to change their vote?

1:53:37

Clerk, please record the vote.

1:53:42

Ten, yay, zero nay.

1:53:44

Ten yay zero nay motion passes.

1:53:47

So now we will just hand those back out.

1:53:50

They'll just hand back the ballots.

1:53:54

And just write it on the back of the ballot, please.

1:54:21

The two your vote you're deciding on is Kish and Madison, and you just write one name down.

1:54:29

Correct.

1:54:30

Thank you, Commissioner Morgan.

1:54:31

So we're writing one name down, and that's a runoff between uh Ms.

1:54:35

Kish and Mr.

1:54:36

Madison Commissioner Morgan, James Madison, Commissioner Boyle and Kish.

1:55:09

Commissioner Morgan, James Madison.

1:55:16

Commissioner Boyle and Kish.

1:55:22

Commissioner Fisher, James Madison.

1:55:27

Commissioner Healy, James Madison.

1:55:32

Commissioner Shea and Kish.

1:55:37

Commissioner O'Leary, James Madison.

1:55:41

Commissioner O'Neill, James Madison.

1:55:46

Commissioner Walker and Kish.

1:55:52

Commissioner Callahan, James Madison, Commissioner Thatcher, and Kish.

1:56:01

Thank you.

1:56:02

So the vote is six to four, Mr.

1:56:05

Madison will proceed forward in the top two vote getters.

1:56:12

Commissioner Morgan.

1:56:14

Thank you, Mr.

1:56:15

Chief Executive.

1:56:16

So the next voting would be done on this piece of paper.

1:56:20

So you're now having the choices of Mr.

1:56:23

Gerbrand and Mr.

1:56:25

Madison.

1:56:26

Right?

1:56:27

And so that's correct.

1:56:28

I would ask that you vote that way.

1:56:31

So again, we're voting for one one name, Mr.

1:56:34

Gerbrand or Mr.

1:56:36

Madison.

1:57:30

Commissioner O'Neill.

1:57:32

Harold Gerbrand.

1:57:36

Commissioner Walker.

1:57:38

Harold Gerbrand.

1:57:41

Commissioner Callahan.

1:57:43

James Madison.

1:57:46

Commissioner Thatcher.

1:57:48

Harold Gerbrand.

1:57:52

I don't have a name for that one.

1:57:57

Commissioner Fisher, James Madison.

1:58:01

Commissioner Boyle, James Madison.

1:58:06

Commissioner Shea.

1:58:08

Harold Gerbrand.

1:58:11

Commissioner O'Leary, Harold Gerbrand.

1:58:15

Commissioner Morgan, Harold Gerbrandt.

1:58:18

Commissioner Healy, James Madison.

1:58:23

So we have a six to vote to four vote in favor of Mr.

1:58:27

Gerbrandt.

1:58:28

Congratulations, Mr.

1:58:30

Gerbrandt.

1:58:31

That's and thank you to all of the candidates are again stepping up and um and volunteering to step into this position.

1:58:54

On when you can be sweared in swore in.

1:59:03

Okay.

1:59:04

All right.

1:59:05

So now we'll move on to the second item on the items be read and acted upon.

1:59:13

Item number two, communication number 2026 to 41.

1:59:18

Russell Larry, Commissioner District 5 requesting Council of Commissioners authorization for Butte Silverbow, Council Chairman, to send a letter to the Montana Public Service Commission on protecting existing readpayers from large load impacts.

1:59:33

Commissioner O'Leary.

1:59:35

Thank you, Mr.

1:59:36

Chief Executive.

1:59:39

I'm sure you've all read the letter.

1:59:40

I the reason I'm bringing this in front of this council is for consideration by you all.

1:59:46

I'm I am concerned about the large loads that are being proposed across the state.

1:59:53

And you know, obviously in our community, we have a data center that's interested in locating here, but this particular issue is is larger than just our community.

2:00:12

And I am I am concerned that that's going to end up with uh the ratepayers, the general ratepayers uh footing the bill for that.

2:00:20

So the goal of this letter is to just outline a few key uh points that I think are good protections for for the uh ratepayers in in this state uh and specifically the 36,000 roughly people that live in our community.

2:00:35

So uh I would love to hear what other commissioners have to say and if there's uh any discussion or additions or subtractions to the letter.

2:00:44

Thank you, Commissioner O'Leary.

2:00:45

Are there any comments of commissioners like to speak on this?

2:00:53

Seeing none.

2:00:53

Would you like to make a move?

2:00:54

Okay.

2:00:55

Okay, Commissioner Thatcher.

2:00:57

Uh thank you, Chief Executive Gallagher, and thank you, Commissioner Leary, for bringing this in and you know, kind of bringing it to the attention of everybody.

2:01:05

Um I guess have a question on this.

2:01:07

So would this just be I guess maybe so I can see Commissioner Larry?

2:01:13

Um like how I understand it is Northwestern Energy is also approaching the PSC regarding this same type of deal.

2:01:23

So are is this like a letter of support for North Northwestern to do that, or are we just you know, like saying, hey, we also want to do this, or could you just kind of touch on that a little bit?

2:01:34

Commissioner Thatcher, Commissioner O'Leary.

2:01:36

Thank you, Mr.

2:01:37

Chief Executive Executive.

2:01:38

Commissioner Thatcher, uh, yes, this the PSC is already considering this.

2:01:42

Uh this is essentially a letter of support.

2:01:44

Uh the goal of this is to nudge the PSC to do the right thing.

2:01:51

And you know, obviously this is a complex subject, and we don't have uh particular authority over electric loads in the state of Montana, but we do represent a lot of people in this in this community, and they all buy power.

2:02:04

And so the goal of this is to encourage the PSC to do the work that they were elected to do and uh you know just take a position as a county that that this is something that's important to us and and hopefully to other folks uh throughout the state.

2:02:20

Thank you, Commissioner O'Leary.

2:02:21

Are there any other comments of Commissioners?

2:02:24

Commissioner Fisher.

2:02:25

Thank you, Chief Executive Gallagher.

2:02:27

Thank you, Commissioner O'Leary.

2:02:28

I fully support the letter.

2:02:30

Um I know that Northwestern Energy has a similar type of letter, but I think uh the council and commissioners approving this and passing this and sending it to the public service commission is a better show of uh nonpartisan type of stuff, which the public service commission is supposed to be, because we're nonpartisan elected board, where I think Northwestern Energy, as much as they sit, they might be a little biased in this trying to uh pass theirs to their favor because as we heard from uh constituent Barrett here a week or so ago, the PSC uh and Northwestern Energy might have some other plans with out-of-state interest.

2:03:07

So I uh look to approve this.

2:03:08

Thank you.

2:03:09

Thank you, Commissioner Fisher.

2:03:11

Any other comments?

2:03:12

Commissioner Morgan.

2:03:13

Thank you, Mr.

2:03:13

Chief Executive.

2:03:14

I I echo all the the comments that we've had tonight as the Commissioners just stated.

2:03:20

The other thing that I would just want to remind people and and kind of to parlay off of Mr.

2:03:25

Barrett's response earlier today, that this is kind of the the approach for us to get involved in in this by sending the letter.

2:03:35

And I and I would just say that to the public and to individual commissioners as well.

2:03:40

The next process to get involved in it is we all do have an elected representative to the PSC for this area as well.

2:03:49

And so there's nothing that says that the public can't reach out to that elected representative either and and just reiterate the support that you know of the letter that we're maybe hopefully going to be sending.

2:04:04

So don't forget that, because there is an elected representative on the PSC for this particular zone as well.

2:04:12

Thank you, uh Commissioner Morgan.

2:04:14

And to to let people know, and uh I fully support uh sending this letter as well.

2:04:19

And the the uh PSC commissioner out of this area is Jeff Wellborn, who uh is out of Dillon, and so he would be it would be appropriate if anyone wanted to reach out to him as well uh in support of this to talk about this large little tariff that uh Northwestern Energy is proposing as well.

2:04:37

So um any other Commissioner Shea.

2:04:41

Thank you, Mr.

2:04:42

Chief Executive.

2:04:43

I would um just make a friendly suggestion that in our minutes um Mr.

2:04:50

Wellbourne's contact information is added if if we could get that to Barb or she could look on the PSC website if we could just add that and make that access easier for the public.

2:05:01

Thank you, Commissioner Shea.

2:05:04

Commissioner uh Larry.

2:05:06

Sorry.

2:05:07

Thank you, Mr.

2:05:07

Chief Executive.

2:05:09

I just wanted to first thank everybody who came up and uh spoke tonight.

2:05:13

Public comment is the is the heart of this uh this job.

2:05:16

So I appreciate everybody coming up and and supporting this.

2:05:19

And at this time I'll make a motion to concur in place on file 2026-4-1.

2:05:25

We have a motion and a second, and uh do we have who was second?

2:05:29

We had a couple go at the same time.

2:05:30

Were you able to document that?

2:05:32

Okay.

2:05:34

Okay.

2:05:35

Bill Boyle, I guess, was first.

2:05:37

Um is there anything else on the question?

2:05:41

Could Commissioners please vote?

2:05:48

And would anyone like to change their vote?

2:05:50

Clerk, please record the vote.

2:05:56

10 yay, 0 nay.

2:05:58

10, yay, 0 nay motion passes.

2:06:01

So moving back to section two consent agenda A1 through 4 and B 1 through 38.

2:06:10

Do we have any friendly amendments and or segregations?

2:06:15

Commissioner O'Neill.

2:06:17

Thank you, Chief Executive.

2:06:18

I'd like to segregate uh communication 22.

2:06:23

Sorry.

2:06:25

That's item number 22, communication number 2026-34.

2:06:31

Thank you.

2:06:32

Commissioner O'Larer.

2:06:35

Thank you, Mr.

2:06:36

Chief Executive.

2:06:37

I would like to segregate uh 12, 2020 uh six-24.

2:06:42

That's item number twelve, communication number 2026-24.

2:06:46

Are there any other friendly?

2:06:49

Commissioner Morgan.

2:06:50

Thank you, Mr.

2:06:51

Chief Executive.

2:06:52

I'd like to segregate number 1626-28.

2:06:58

That's item number sixteen.

2:07:00

Communication number 2026-28.

2:07:05

Are there any other friendly amendments or segregations?

2:07:10

Seeing none, Commissioner Morgan.

2:07:12

Thank you, Mr.

2:07:13

Chief Executive.

2:07:14

At this time, I'd like to make a motion that we approve Section 2, the consent agenda.

2:07:18

A the committee reports 1 through 4, B, communications 1 through 38 with the exclusions of number 12, 26-24, number 16, 26-28, and 22 26-34.

2:07:35

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

2:07:38

Is there anything on the question?

2:07:40

Could Commissioners please vote?

2:07:54

There we go.

2:07:55

And would anyone like to change their vote?

2:07:57

Clerk, please record the vote.

2:08:02

10 yay, 0 nay.

2:08:04

10, yay, 0 nay.

2:08:05

Motion passes.

2:08:06

Moving to item number 12, communication number 2026-24.

2:08:11

Nathan Bowman, 18 North Clark Street, B.

2:08:13

Montana requesting council commissioners permission to schedule a presentation on January 28, 2026, regarding AI-powered surveillance cameras, specifically the flock safety camera system that has been widely developed in other communities.

2:08:29

Commissioner O'Leary.

2:08:31

Thank you, Mr.

2:08:31

Chief Executive.

2:08:32

The reason I segregated this was we had a public comment from Mr.

2:08:35

Frost uh regarding these these uh cameras.

2:08:38

Uh just want you to know that the this gentleman, he is also concerned and his presentation has to do with his concerns.

2:08:45

So hopefully you'll be here in uh at on the the 28th for the for the presentation.

2:08:50

So uh at this time I'd make the like to make a motion to hold this in the committee of the whole pending presentation.

2:08:57

We have a motion and a second to hold this in the committee of the whole uh pending the presentation.

2:09:02

Is there anything on the question?

2:09:04

Could Commissioners please vote?

2:09:11

And would anyone like to change their vote?

2:09:13

Clerk, please record the vote.

2:09:20

9 yay 1 nay.

2:09:22

9 yay 1 nay motion passes.

2:09:25

Moving on to item number 16, communication number 2026-28, true to healy, Commissioner District 8 requesting council of commissioners permission to schedule a presentation on February 4th, 2026 for Praxis CEO Ray Rogers to appear before council for an update on the progress of the Praxis Center, Commissioner Healy, or Commissioner Morgan.

2:09:47

Thank you, Mr.

2:09:48

Chief Executive.

2:09:49

I segregated this communication, Commissioner Healy, just because it it does ask that Mr.

2:09:54

Rogers to kind of appear before the the council to answer questions.

2:10:00

He did forward me and responded to your email earlier today that said that he he at this time is not going to come before council to give a presentation.

2:10:09

But as things progress as he gets things more solidified, he would have no problem in doing that.

2:10:16

He also extended the invite that if any of the commissioners want to meet with him directly to just reach out to him and he has no problem doing that.

2:10:24

And so Mike, the reason of of segregating is knowing that information.

2:10:36

So what would be your what would be your thought on that Commissioner Morgan?

2:10:40

Uh Commissioner Healy.

2:10:41

I did try to withdraw it, but it might have been too late.

2:10:44

So I did I did email Barb.

2:10:46

So it might have just been too late.

2:10:48

Okay.

2:10:49

Thank you, Commissioner Healy.

2:10:50

Commissioner Morgan.

2:10:51

So with that, just to keep the agenda clean, I would just make a motion that we note communication 2026-28 in place on file.

2:11:01

We have a motion and a second to note on place on file.

2:11:03

Communication number 2026-28.

2:11:06

Is there anything on the question?

2:11:07

Commissioner Fisher.

2:11:08

Thank you, Chief Executive Gallagher.

2:11:10

Thank you, Chairman Morgan.

2:11:11

Did Ray Rogers give a reason why you didn't want to care?

2:11:16

Commissioner Fisher, Commissioner Morgan.

2:11:19

Thank you, Mr.

2:11:19

Chief Executive.

2:11:20

Just that he's still working on the project and didn't feel I'm I'm not putting words in his mouth.

2:11:28

Didn't have any update until things get more finalized before he comes to the to this body, but he did say if you have questions, feel free to reach out to him directly.

2:11:38

Thank you.

2:11:38

Thank you, Commissioner Morgan.

2:11:40

Commissioner Fisher.

2:11:41

We have a motion and a second um to concur in place on file communication number 2026-28.

2:11:50

Oh, note and place on file.

2:11:52

My apologies.

2:11:53

Note and place on file.

2:11:54

Could Commissioners please vote?

2:12:02

And would anyone like to change their vote?

2:12:04

Clerk, please record the vote.

2:12:10

10 yay, 0 nay.

2:12:12

10 yay, 0 nay.

2:12:13

Motion passes.

2:12:14

Moving to item number 22, communication number 2026-34.

2:12:19

Caleb Labman community development coordinator requesting council commissioners authorization to have Chief Executive Gallagher sign a purchase and sale agreement with TranPAC Manufacturing LLC for the purchase of one parcel in the Montana Connections Park.

2:12:33

Commissioner O'Neill.

2:12:36

Thank you, Chief Executive.

2:12:37

Just had some questions on the Vice Cell Agreement.

2:12:41

Um just to get some clarification on.

2:12:44

I don't know if who wants to be the would you like Ms.

2:12:50

Lapin and then whoever wants to answer the question.

2:12:53

Okay.

2:12:54

Please.

2:12:55

Kayla, thank you very much.

2:12:57

Um my question is on the 5.2 of the by sell agreement.

2:13:02

It says purchase purchaser shall have the right prior to closing date to begin excavation and foundation work as long as all necessary permits have been obtained, so on and so forth.

2:13:14

Um can you just curious why we would do something like that?

2:13:20

I guess in theory, the I don't know.

2:13:23

I just can you explain to me why that would be a thing, why we'd why wouldn't we want our money get it into their name and then they can do whatever they choose to after that.

2:13:34

Thank you.

2:13:34

Commissioner Morgan, uh Ms.

2:13:36

Lappin, if you'd like to answer that question.

2:13:39

Okay.

2:13:39

Uh Commissioner O'Neill, Chief Executive members of council.

2:13:43

Um that part of the purchase and sale agreement, I think is just part of our standard agreement.

2:13:50

Um this is boilerplate language that I pulled.

2:13:55

Um I don't think it's changed from any other agreement that we have in place, but I will default to Karen to answer that question for historical purposes.

2:14:06

Thank you, Ms.

2:14:07

Lappin.

2:14:08

Welcome.

2:14:10

Thank you, Mr.

2:14:10

Chief Executive, members of council, Commissioner O'Neill.

2:14:13

Um we have placed that language into our purchase and sale agreements to allow uh folks to do a geotech survey work to work on the property and part of the due diligence.

2:14:26

Um and so that is what that is referring to.

2:14:29

It's not necessarily referring to starting construction, but we also have had the wiggle room with um certain projects where they needed to get a foundation in very quickly because of timing of winter kind of things.

2:14:45

Um I would say that it's not um common practice for anyone to start this work.

2:14:50

We did start it with Wassaw building materials when they entered into their purchase and sale agreement with us because of the timing of the execution and them wanting to get in the ground and getting up and running.

2:15:02

So it has carried over through our agreements.

2:15:05

It does not really put us at any risk whatsoever.

2:15:09

It puts the purchaser at risk.

2:15:11

If they start to do something, that money could be wasted if we don't execute the agreement.

2:15:18

Thank you, Director Burns.

2:15:19

Commissioner Thatcher.

2:15:20

Uh thank you, Chief Executive Gallagher.

2:15:22

Thank you, Director Burns.

2:15:23

Thank you, Ms.

2:15:24

Lapin.

2:15:25

Obviously, during public comment, we had some concern and public comment about noise pollution.

2:15:30

I'm assuming you might be or you maybe could introduce us and maybe somebody can touch on that, please.

2:15:37

Thank you.

2:15:38

Thank you.

2:15:38

Commissioner Thatcher, Ms.

2:15:39

Lapin.

2:15:40

Commissioner Thatcher, Chief Executive Gallagher, members of Council.

2:15:43

I do have Christian Euland with me.

2:15:45

He is the owner of TramPact Manufacturing and can definitely answer all of those questions about the noise.

2:15:53

So I'll hand it over to Christian.

2:15:56

Welcome, Mr.

2:15:56

Eulin.

2:15:57

Thank you.

2:15:58

And thank you, Chief Executive, Commissioners, and members of the Council.

2:16:06

Councilmember Thatcher.

2:16:08

I uh we don't have any intentions to purchase the equipment that creates the noise that I discussed in the in the meeting a month ago over the telephone.

2:16:20

So I'm kind of embarrassed that this has become an issue because the operation that we're trying to put in here is completely different than the one that I was trying to describe to you what we do in California.

2:16:33

And I think I I was misunderstood when I was trying to say what the opportunity was here in Montana with the rail port where we want to bring all of the plastic in.

2:16:44

We don't have any intention of recycling plastic here.

2:16:48

However, the questions kind of went, and uh I start talking about decibel levels of our shredder that's in California, which we do not have any intention of putting here in Montana.

2:17:00

So to answer your question, that's my answer.

2:17:03

Thank you, Mr.

2:17:04

Ewan.

2:17:05

Any other questions, Commissioner Fisher, and then I'll go Commissioner O'Leary.

2:17:09

Uh thank you, Chief Executive Gallagher.

2:17:11

Thank you, Mr.

2:17:12

Eulin.

2:17:12

Um I guess some of these questions are um, you know, I as a commissioner tried to keep up on everything.

2:17:20

I've not heard anything about this until it was on the agenda today.

2:17:24

So one of my first questions was what is TRANPAC and uh who is Christian Ulan, which I know Christian Ulan is now.

2:17:30

I don't know much about TRANPEC.

2:17:32

But um I would like to know a little more about that.

2:17:35

The other thing is is I have a little problem with selling this land in the uh TIFIT anymore for 2,000 an acre when we're selling it and tying up land without a development going.

2:17:46

I mean, DeVail right now, Faradain, RJW1, they're all got property out there, which we we as council members have allowed them to have extensions, but right now that property is tied up and there's no development on it.

2:18:02

When we're selling property for that cheap a price, I think we ought to have a timeline for development.

2:18:08

And I think when we have a timeline for development, I think we got to have more information about what TranPact is going to do.

2:18:15

I mean, if they're gonna be a plastic pellets, which I heard tonight, um, we should know a little bit about their business plan and uh you know what what kind of uh utilities it needs, just like we do with the data center.

2:18:28

I just think we as commissioners need to have more.

2:18:30

I realize this went through the TIFFID board, but uh I have had no report on it.

2:18:34

And I know that um here tonight I'm gonna call on Mr.

2:18:38

Baird.

2:18:39

He had a little comment on it, but I'm a little a little worked a little worried about how things are going.

2:18:43

And it doesn't say how many acres, but if you figure $13,658, that's got to be six point some acres.

2:18:51

So I mean this is a very vague communication to me, and at this time I'm not comfortable moving forward with it unless I get sold a little better on this project.

2:19:03

Commissioner Fisher, would you like to ask what what this is of Ms.

2:19:08

Lapin or Mr.

2:19:10

Eulen?

2:19:11

Okay.

2:19:12

So I guess to the question, Ms.

2:19:13

Lapin or Mr.

2:19:14

Ulan, if you can answer.

2:19:16

Uh Commissioner Fisher, Chief Executive Gallagher Gallagher, members of council, um, to the point about this communication being vague, you know.

2:19:25

I apologize, I've been in this role for I don't know, since September.

2:19:29

Um, as far as I know, our Montana Connections board meetings are public and those minutes are available.

2:19:37

Um actually they'll be available at our next meeting, and you know, the project went through the Montana Connections board and it was unanimous, unanimously passed through the board.

2:19:50

If there are other ways you'd like staff to proceed with these types of projects, I'm all ears.

2:19:56

Um my phone number is available on the Butte Silverbow website.

2:20:00

If I need to submit additional information, I can definitely do that.

2:20:06

This is not something that I'm privy to knowing what to do, and I'll I'll default to Director Burns here.

2:20:15

And you're right, I did not put the acreage in the communication, but it is 6.89 acres.

2:20:20

It's tracked R5.

2:20:21

It's the final plat of the Montana Connections Rail Park Subdivision.

2:20:25

Again, in the land records office.

2:20:28

That information is available to the public.

2:20:33

Thank you, Ms.

2:20:33

Lappen.

2:20:34

Director Burns, who if you'd like to add to that as well.

2:20:37

Thank you, uh Chief Executive.

2:20:39

And I'm not sure exactly if I'm addressing the question directly from Commissioner Fisher, but I can say that over the years of developing the Montana Connections Park and selling property to potential businesses.

2:20:58

It has only become an issue recently, I believe, with questions about well, should we really be doing it this way?

2:21:05

And you know, how is this benefiting us?

2:21:08

Um I can tell you that every business that is located in that park since ASMI located in 1996, they signed agreements with this council.

2:21:18

Um it has been done the exact same way.

2:21:20

Now I'm not saying that there shouldn't be change, right?

2:21:23

Maybe there can it can be better.

2:21:25

Um but we did uh fully vet this project at our Montana Connections board, just as we had all the other past projects and then make a recommendation to this body.

2:21:36

Um we recently entered into purchase and sale agreements that have um are underway.

2:21:43

I know you haven't seen action at Faradayne, or you may have not seen action at RW1.

2:21:49

Um, but they are in action and they are starting to move.

2:21:53

This council approved a sale to crew companies not long ago.

2:21:56

We talked about that.

2:21:57

They created an LLC, we answered those questions.

2:22:00

Um they are beginning their construction work, pre-construction work already.

2:22:05

Um and so things are moving and and going and going quickly.

2:22:09

Um I do believe we approved a purchase option with um town pump out in Montana Connections Park, and they are currently you know working on that.

2:22:22

And um this body did not question, you know, why are we selling it to town pump for $2,000 an acre?

2:22:29

Why is this so I I really feel like I I understand you have questions and I want to address those, but I do want to say that we are following past best practice that we have established, and the goal of this park is to create jobs and bring economic prosperity and diversity to our community, and that's what we are doing.

2:22:49

Um this is a great company.

2:22:51

I will let uh Christian Euland and his father Marty is in the office as uh audience as well.

2:22:57

They're a family-owned company.

2:22:58

I would let I'll let them explain what they do to this body tonight.

2:23:03

Um they did explain it as at length at the Montana Connections Board.

2:23:07

I realize you weren't there, you didn't get to hear it.

2:23:09

They are happy to explain it to you all tonight about what they do and what they intend to do here in Butte Montana.

2:23:17

Um so I'm gonna turn it over to him at this point if that's all right.

2:23:21

Thank you.

2:23:21

Thank you.

2:23:22

Thank you, Director Burns.

2:23:23

Mr.

2:23:23

Euland, if you'd like to uh give an explanation of the business.

2:23:27

Sure.

2:23:28

Okay.

2:23:28

Um thank you.

2:23:30

So we make plastic pallets and uh basically just consider them plastic profiles.

2:23:36

We extrude plastic into form, uh generally very large pieces.

2:23:41

And we uh primarily focus on material handling.

2:23:46

Uh our key industries are food processing, automotive, pharmaceutical, semiconductors, uh uh bed manufacturers, flooring manufacturers, and the list goes on.

2:23:59

If you need a pallet, we we we make one that lasts for a very long time.

2:24:04

For many years we've uh relied completely on recycled plastic, which we do in California.

2:24:10

Um, and we have a very good process to do that, and that creates a lot of noise.

2:24:16

Um we have a need to create plastic profiles that are made from virgin materials for performance-related issues.

2:24:27

Um primarily in the automotive space, they request high performance plastic profiles.

2:24:33

We cannot make those with recycled plastic.

2:24:36

So I have been on the search for a site actively for at least five years that would allow a small manufacturer acquire a piece of property with a rail spur.

2:24:49

Uh, you'd be surprised how difficult that is.

2:24:52

Um I've been all over the United States.

2:24:55

I've been in at least 10 states.

2:25:00

I've worked with at least ten state economic development officers driving me all over the state looking for property that could fit our needs.

2:25:06

And last summer we're driving my uncle's driving us through the industrial park, and I go, I cannot believe that this is right underneath our nose.

2:25:17

It's been here the whole time.

2:25:18

I've been looking in South Carolina and Texas and it's right here in Butte Montana.

2:25:24

So that's the attraction to what the property is for us is a small manufacturing site that allows for rail spur.

2:25:33

That really is what it is.

2:25:35

And that's what we do.

2:25:38

I can say that what we make here is going to be high-end performance material handling profiles that go to probably 99.99% of the customers are going to be out of state corporations, and we will be bringing all that money back into the state of Montana.

2:25:56

And we will employ uh a number of people based on how successful we are with our profile lines.

2:26:03

And uh I I guess I'll I'll just stop there.

2:26:07

Thank you, Mr.

2:26:08

Eulan.

2:26:08

Are there Mr.

2:26:10

Commissioner O'Leary?

2:26:12

Thank you, Mr.

2:26:13

Chief Executive.

2:26:14

I I guess um thank you first, Mr.

2:26:18

Eulin, for being here.

2:26:19

I uh I'm all about economic development.

2:26:21

I I think what uh you're doing is really interesting project.

2:26:24

Uh mostly my concern with this is process, and I guess we you know we've been doing things a certain way for a long time and momentum has a way of uh kind of taking over.

2:26:35

Uh and I I am concerned that this is we're we're doing things out of order.

2:26:41

And in this particular case, we are asking to sign a purchase and sale agreement, which would then legally obligate us as a council to close on the property at the end of the purchase and sale agreement period.

2:26:59

And and I just don't think that that's the appropriate way to do this.

2:27:03

It seems to me that the whole resolution and everything should happen at the very beginning of the process, so that we you know we require two-thirds majority vote of this council to sell the property and and that that process should happen at the very beginning.

2:27:18

So we're all on the same page about exactly what's going to happen.

2:27:21

So I guess I'm a little bit concerned about that.

2:27:23

I you know, I I would like to defer to the the county attorney a little bit to clarify this because I I think that uh you might you might have some clarifying points about the the process uh if that would be helpful or or possible.

2:27:40

Commissioner Larry, uh county attorney and Ruth.

2:27:43

Chief Executive Gallagher, Commissioner Larry.

2:27:45

Uh Director Burns is correct that this has been the process that they've been doing for quite some time.

2:27:50

Uh it is not uncommon to have uh counties or cities enter into buy-cell agreements or uh letters of intent to purchase property prior to the resolution being passed.

2:28:03

However, they're more specific in that those buy-cell agreements are contingent on the resolution being passed.

2:28:09

So that is a way to to continue the process as we're doing it now.

2:28:14

Um, or yes, the second option is to uh uh do the resolution, have everything contained in the resolution and proceed forward that way where you simultaneously do the resolution and the buy sell at the same time.

2:28:27

Um but yes, Director Burns can still continue forth with the buy-cell stuff if we put that in there, um, which I have not actually been able to tell her.

2:28:34

I've been sitting here just thinking about it myself, and I think that that would be a an option to continue forth as well.

2:28:41

Thank you, county attorney and roof.

2:28:42

Um Commissioner O'Leary.

2:28:44

Thank you, Mr.

2:28:45

Chief Executive.

2:28:46

So the the clarification, I guess, is that as long as it the buy sale is contingent upon the final resolution passage, we would be good to go.

2:28:55

And and this particular agreement does not have that, correct?

2:28:59

As far as I can read.

2:29:01

Commissioner O'Larry, uh county attorney and Ruth, and then I I believe that uh Director Burns can add some clarity to some of this as well.

2:29:08

Thank you.

2:29:09

County attorney and roof.

2:29:11

Uh that is correct.

2:29:12

Uh I don't believe it is contained in this particular agreement.

2:29:15

It's the boilerplate one that's being used, but it's very easy to add.

2:29:20

Thank you, County Chair and Ruth.

2:29:22

And I'd like to have uh Director Burns add a little bit to this.

2:29:28

Uh thank you, Mr.

2:29:29

Chief Executive, County Attorney Enruth and Commissioner Larry, members of council.

2:29:33

Um I actually had that exact same thought with our purchase and sale agreements that the county attorney just mentioned.

2:29:40

Um and we um had talked about that actually last I didn't fill in the county attorney.

2:29:45

I apologize.

2:29:46

We had talked about that actually on Monday, that going forward that we would add that language to um that section of on the closing um in the purchase and sale agreements to make that abundantly clear that you know city and counties sell property through a resolution approval.

2:30:04

And so that that would be noted in that in that agreement.

2:30:08

Um and so we would we would we could add that to this agreement um at this time if that helps um everyone you know feel better about it.

2:30:17

I feel better about it by adding that language.

2:30:19

Um it makes it abundantly clear that that's our process and um it kind of answers those questions.

2:30:25

Thank you, uh Director Burns.

2:30:27

Commissioner Morgan had a question.

2:30:29

Okay, Commissioner O'Lair.

2:30:31

Thank you, Mr.

2:30:32

Chief Executive.

2:30:32

So I guess the the second um point, which is to Miss Lappin's point, I and and sort of to follow up on Commissioner Fisher's uh questions about this.

2:30:42

You know, I I this council is always being asked to you know become uh experts in things in in a matter of a few days after we get our agenda, and you know, I just pulled up the the agenda and minutes for the TED board meeting.

2:31:00

The last time that we have current minutes for the TED board meeting is back in October.

2:31:05

So it's very hard for us as a commission to be fully informed on these kind of things when we don't have I can't go back and read the minutes and I can't be at every single meeting.

2:31:15

And so you know, when we are asked to come and concur with with uh a purchase sale agreement, it makes it very difficult for us to be fully informed.

2:31:24

And of course, like we can reach out to you guys and and ask questions, but that's that's kind of beyond the point.

2:31:29

There's 30 some items on our agenda this evening.

2:31:32

This is just one of them.

2:31:33

So I guess to your question of whether you know what would be helpful for us, it would be you know, a presentation about who the company is, uh what what kind of jobs they expect to produce or you know do in our community, uh details on the land, where it's at, uh what the what the the building's gonna look like or what they expect it to look like.

2:31:53

You know, just the kind of general process of of what we should expect, what we're voting on.

2:31:57

And I I am, you know, it's I'm glad that you guys are here.

2:32:01

I think it's a a really interesting uh an interesting company.

2:32:06

I I hope to hear more about it.

2:32:08

Uh but you know, I I would like it would be great for us to hear a presentation about what this all is and what it entails and what we should expect as as the legislative body of this community.

2:32:18

So thank thank you for that, and and I would love to hear what you have to say.

2:32:22

Thank you, Commissioner Larry and Ms.

2:32:24

Lapman.

2:32:25

Uh Commissioner O'Leary, Chief Executive Gallagher, uh, members of council, um, thank you for the direction on that, um, Commissioner O'Leary.

2:32:34

Um just to be clear that I'm understanding you, are you thinking you'd want a presentation from the company at the TED board and then another presentation here, and then you'd want to see like a buy-sell or something like this after a presentation would be made.

2:32:50

Is that the process you'd like us to use going forward?

2:32:53

Ms.

2:32:54

Lappin, Commissioner O'Leary.

2:32:56

Thank you, Mr.

2:32:57

Chief Executive.

2:32:58

Uh, Ms.

2:32:58

Lappin.

2:32:59

I you know, I I to some public comment earlier tonight, we we oftentimes I think in my opinion, also get out over our skis a little bit.

2:33:08

We we push a process forward and and we have to make a decision very quickly and with very little public input because frankly the public isn't paying attention to every one of our meetings.

2:33:18

It does tend to be a little bit boring when the meetings go on for multiple hours and they tune out.

2:33:22

So uh, you know, I I guess to answer your question, that's what I would like to see.

2:33:28

I would like to see some kind of presentation so we have an understanding of what we're what we're looking at.

2:33:32

Um, but I would also like to hear what the rest of the commission has to say.

2:33:36

I I you know I'm just one of 12 up here, so but thank you.

2:33:39

Commissioner Larry, Commissioner Haley first, and then go ahead and I just want to say in my experience so far being new, and I don't know if it's normal or not, but I have been having a lot of constituents say, why are we doing these things without letting the public have a say?

2:33:58

So it's not necessarily like I would be coming after you.

2:34:01

It's because people are coming after me.

2:34:04

They're like, why aren't we involved in this process?

2:34:06

Why aren't we, you know, because people do live out there, right?

2:34:10

You just saw them from Buxton and and in that area.

2:34:13

So I just want to say it's not necessarily you know against you.

2:34:17

It's it's that we are hearing, or I am hearing, and and they're not happy with me for not speaking up and saying, hey, you have a right to to speak.

2:34:27

You know, so I and I don't know.

2:34:30

I'm just saying that that's been my experience so far.

2:34:33

Commissioner Healy, and and I would I would um just add, I we try, but we do have a public process, and the the TED board meetings are public, and these meetings are public, and there's a lot of public that sat up here today and said that we have not informed them.

2:34:55

We they are and all of us have big jobs to do.

2:35:00

And we can't always go individually to each individual.

2:35:05

And when there's big topics here, we want to get as much information as we we can out there, but some of the the comments that come forward to here, a lot of times there is a public process, and we are meeting the legal obligations to do that.

2:35:19

Now that doesn't always mean that that's all the we have to do the minimum.

2:35:24

I'm not saying that.

2:35:25

But a lot of times we are really trying to get information out there, and and there's one gentleman got up there and said, ask five times about different things.

2:35:36

We're doing everything we can to inform the public as we possibly can.

2:35:39

And so I just kind of like to put that out there as well.

2:35:42

Commissioner Boyle, and then we'll go right down the line and get over to Commissioner Thatcher here.

2:35:47

I kind of agree with Commissioner O'Neill or O'Leary that you know we would like to be a little more informed on these decisions.

2:35:53

We would love to see businesses like yours come, don't get me wrong.

2:35:56

I'm all about bringing businesses in if we can.

2:35:58

But we have to bring them in the right way and make sure we're not getting caught up in certain things.

2:36:04

And I know it's kind of an inconvenience, but you know, we all can't go to every board meeting everywhere.

2:36:11

So I would like to see some kind of notification of what's going on and what it's going to entail instead of just a buy-cell agreement all of a sudden vote on it also.

2:36:21

Thank you.

2:36:22

Thank you, Commissioner Boyle.

2:36:23

And then I think Commissioner Shea, were you next?

2:36:26

I I'm going to go right down the line because I see hands everywhere.

2:36:29

That works, yeah.

2:36:30

Yeah, that works.

2:36:31

Um I don't I don't want to make it feel like we're questioning the past practice, or yes, I do believe that there's room for improvement with our processes and whatnot.

2:36:41

Um our job is also under the law, the laws of public participation is to also facilitate it, not just offer it.

2:36:51

And so when this hits our agenda on Friday, it's now Wednesday, and you can't go back to the TED board meet minutes and read that.

2:37:06

The public can't.

2:37:07

I can't.

2:37:09

Um that's that's where I feel like we might be falling down a little bit is getting the public informed.

2:37:19

I if there's no minutes there, we can't really say, well, you were told.

2:37:23

You should know.

2:37:24

And I wish the public would participate more too.

2:37:26

I really do.

2:37:27

I wish they would come to every meeting or watch every meeting.

2:37:30

They don't.

2:37:31

And I like Commissioner Healy and like a lot of people up here, we do get the calls from people that say they do pay attention, oops, sorry, to the council meetings.

2:37:41

So when they see that, they don't really realize that there was a meeting ahead of that.

2:37:46

And even if they did, they couldn't go back and see the minutes to understand what it is.

2:37:51

I love the project, by the way.

2:37:52

I think that I think it's great to bring something like that here.

2:37:55

This is what that place is built for.

2:37:58

And I think the team that works out there bringing projects in is phenomenal.

2:38:03

Um I don't have any complaints with with what they do.

2:38:06

I think that we are called here to be responsive to the public, and that's what we're trying to do.

2:38:14

Commissioner Morgan.

2:38:17

I'm excited.

2:38:19

Thank you, Mr.

2:38:19

Chief Executive.

2:38:20

Uh, j just to kind of continue to add to what you know has been said here.

2:38:25

I do sit on the TED board or the connections board.

2:38:29

And and I just want this body to know that a lot of these discussions that we're having tonight have already happened at the connections meeting.

2:38:38

A lot of the questions get asked and answered.

2:38:41

And and I understand not every commissioner is there and there and there's no minutes and and set forth, but the board really does do a due diligence check on on making sure that the project that they're looking at fits the needs of where it's going.

2:38:56

Now, yes, it it is pointed out that the process is flawed in the sense of you know, the commissioners right now are sitting up here saying that they want a little bit more information, and and so that is something that can easily be addressed.

2:39:13

On the premise that the public needs to know more information, there's a little bit of an issue with that, because there still has to be an entry point of every communication to go out into the public.

2:39:28

And this is that this is that pathway.

2:39:31

I mean, it gets on it on a public agenda that's posted that allows all of us that are looking at the agenda to ask questions.

2:39:41

So in my purview, you guys are all doing what you were elected to do by asking these questions.

2:39:48

And and that's the biggest thing that we all have to remember is that this was the entry point.

2:39:53

Commissioner Fisher obviously had had some questions with it, O'Leary.

2:39:57

And guess what?

2:40:00

You brought those questions forward, and I think that's the important thing to remember.

2:40:03

There's nothing in this agreement that I can see that says that a decision has to be made tonight.

2:40:10

And so I mean, if if it is the purview of the council to hold it, and you know, if the if the owner wasn't here to give us an explanation, simply ask the question to to Kayla to, hey, we need a little bit more information on that.

2:40:24

I mean, that is that is the process, and and that's what we all have to remember.

2:40:29

And you know, the presentations that are given to the TED board, maybe that is something that could come before the council because they are great presentations in these places that are looking to move to Butte do their due diligence on making sure that the at least the TED Connections Board is open to the idea.

2:40:51

And you just pointed out the flaw that we all need to fix, right?

2:40:55

I mean, that's what we're here to do is solve the problems.

2:40:57

I I think Director Burns and Kayla, Miss Lappin, has they've they've heard that.

2:41:03

And so now as we move forward, keep in mind that you know, when we have something like that, maybe we need to bring that presentation to the council and let them digest it and and really try to answer some of the questions that the public is asking.

2:41:17

So just want to stress the the public side of this agenda is doing what it needs to do, and and the council is doing what it needs to do by asking the questions.

2:41:31

Thank you.

2:41:32

Thank you, Commissioner Morgan.

2:41:33

Uh go to Commissioner Thatcher.

2:41:36

I know you're kind of on my right side sometimes.

2:41:39

Uh thank you, Chief Executive Gallagher.

2:41:41

You know, I I guess I I have a couple things I'd like to say.

2:41:45

I guess I'm confused because it if we want the report to come to us anyway, what is the purpose of having a TED board?

2:41:54

What why do we have a TED board then?

2:41:56

If if we we're gonna just waste their time by saying, Well, we don't really care what your recommendation is, we want all of this information to come to us anyway.

2:42:07

So I guess I I hope the commissioners think about that.

2:42:10

The second thing that's really frustrating me is why are we waiting to comment on processes?

2:42:17

I mean, we meet every single week, and obviously we have had issues with processes and procedures as far as selling property, but why are we waiting until a business is in front of us and until a company wants to make an investment into our community, and we sit up here and we're arguing about right in front of the the landowner, I mean the potential landowner.

2:42:41

Well, we don't even like the way we do it.

2:42:43

So I mean, to me, it's concerning.

2:42:46

Like, what if other entities and commun and companies are looking to invest in our community, and this is what they see.

2:42:53

In my mind, I feel like they'd be like, these guys are so close to business, so close to development, we can sit up here and say, sir, I love your company, it's great, but we're giving you every reason to say, Whoa, maybe I should pump the brakes.

2:43:07

Do you agree?

2:43:11

You don't have to answer that.

2:43:12

If you don't have to answer, I really like this.

2:43:14

I I really like it here.

2:43:15

So and that's the thing is like we have such a wonderful community that these these companies are genuinely wanting to come here, and we are unfortunately this body, in my opinion, is giving them reasons to decide not to.

2:43:30

And I think that's crazy because yes, we have a we have an obligation to like Michelle said, facilitate Commissioner Shea said, facilitate these meet meetings and do all this, but it's also our obligation to see this community flourish, to see it flourish beyond when I'm here, beyond when my kids are here.

2:43:48

That is our in my opinion, my truest obligation.

2:43:52

I want this community to be around for a very long time, and if we continue to close ourselves off to potential opportunities and to promising development, we won't be around.

2:44:04

So I'm asking that if we continue to have these conversations about the processes and the procedures, that maybe we get together in a in a separate meeting that isn't in front of a development that that wants to come here.

2:44:17

That we do this as our job to this community that we do it on our own, that we have these meetings ourselves.

2:44:23

I know that with other real estate, we've had a committee, we've had committee meetings.

2:44:27

We need to do something like that instead of instead of when it comes directly to us, in my opinion.

2:44:32

So I hope that we continue to draw businesses here, and I hope that we continue to take a hard look at you know who we are as a community and and the opportunities that we hope to see come forward to us.

2:44:45

So thank you.

2:44:45

Thank you, Commissioner Thatcher.

2:44:47

Commissioner Fisher.

2:44:48

Uh thank you, Chief Executive Gallagher.

2:44:50

Yeah, Commissioner Thatcher.

2:44:52

Uh you're correct on a lot of things, but you're kind of spinning off on some other stuff there that's not correct.

2:44:57

Every one of us want a business to come to Butte.

2:45:00

And we're just looking at doing it the proper way.

2:45:02

You know, the Triffid board or any other board, they're not elected.

2:45:06

They don't get the phone calls.

2:45:07

We're elected people.

2:45:09

We have a right to know and follow the process and answer the questions from the people.

2:45:14

Now, if you knew more about what's taking place at Tran Pack and the buy-sell without any information coming before you before the council, that's not my job to go seek it.

2:45:23

It's their job to bring it to us.

2:45:25

We are the governing board.

2:45:27

We are elected officials.

2:45:29

The TIFIT board, they're not elected.

2:45:31

Any other boards are not elected.

2:45:33

The URA board's not elected.

2:45:35

The trouble, in my opinion, and we're getting off the subject of my spin, is there's too many non-elected people making decisions in Butte Silverbo, and we're getting blamed for rubber stamping them.

2:45:45

All I'm up here to do is to clarify what's coming through to me from my people so that I'm not rubber stamping things.

2:45:52

And if I knew what Turnpack was, and I know now, Christian, I knew the ULAN family forever.

2:45:57

I mean, I know Ron and Donna have known the whole family for a long time.

2:46:00

But the thing about this, unless we question the integrity of what's happening, if these boards are coming to us, I mean, there's so much going on in the world today, we've got to update with it.

2:46:11

I mean, we've just because we've been doing this for 20 years and it's sunsetting out there, that don't mean we're doing it right in the 2026 era.

2:46:20

I mean, I've sat here for 13 years.

2:46:22

I can tell you things that happened, and you know better.

2:46:24

We've we've extended a lot of these contracts, which is great.

2:46:28

Karen does a great job, but her hands are full.

2:46:31

Our hands are full.

2:46:32

I don't want to be on a council that's called rubber stampers.

2:46:35

I want to know the answers and I want to make the questions.

2:46:38

Thank you.

2:46:39

Thank you, Commissioner Fisher.

2:46:40

Any other comments?

2:46:41

Commissioner Thatcher.

2:46:43

Thank you, Chief Executive uh Gallagher.

2:46:45

Commissioner Fisher, I'm in agreement with all of you guys.

2:46:47

All I'm saying is that it isn't, in my opinion, an appropriate time.

2:46:52

Like, why can't we have these discussions at a different time other than when this comes to our agenda?

2:46:57

I mean, even the price point that you're concerned about.

2:47:00

Every property out there, it's an economic development tool to get businesses to come here.

2:47:05

That is why we sell property out there for two thousand dollars an acre.

2:47:09

Uh, in my opinion, that area is flourishing.

2:47:12

I hope it's the same as everybody else's.

2:47:14

There's a reason it's flourishing, because we use tools such as selling an acre for two thousand dollars per acre.

2:47:21

That is a tool.

2:47:22

So I I don't disagree with with the idea of everybody here tonight.

2:47:26

All I'm saying is we need to be better representatives in the sense that we also want to bring businesses here, and we don't want to put off the the front that we are open to that.

2:47:40

And that's the idea that I feel like sometimes we give.

2:47:42

So thank you.

2:47:43

Thank you, Commissioner Thatcher, Commissioner Callahan, and then Commissioner O'Neill.

2:47:47

Thank you, Chief Executive Gallagher.

2:47:49

I just want to say thanks to the Eulem family for choosing Butte.

2:47:54

Uh we're we're fortunate that you guys stumbled across this area and were able to come here.

2:47:59

Um I have to apologize.

2:48:01

You guys shouldn't have to sit and listen to this.

2:48:03

Uh this kettle's been burnt boiling for a while.

2:48:06

It's starting to flow over.

2:48:08

Uh one of my concerns is we were told tonight that the TIFIT board approved it.

2:48:14

They saw the presentation.

2:48:15

The Tiffet board don't have the authority to sell that property.

2:48:18

They have to come to us.

2:48:20

Why they think they should come to the TIFIT board and say, well, you guys just come and rubber stamp it like Mr.

2:48:25

Fisher says, is unfortunate.

2:48:27

And it's unfortunate that you guys are here when this is all coming about.

2:48:30

But uh we're very happy that you're choosing us.

2:48:34

We're gonna do the best we can to help you guys get through it, and hopefully your business is a success.

2:48:39

And through this whole thing tonight, hopefully we'll get things done better.

2:48:43

Thank you.

2:48:44

Thank you, Commissioner Callahan, Commissioner O'Neill, and Commissioner Morgan.

2:48:46

Thank you, Chief Executive.

2:48:48

One of the reasons I um wanted to bring this bring this up, you know, and and uh mainly to having some questions on the buy sell agreement, but it definitely wasn't to deter the Ulans from going to South Carolina or something like that.

2:49:01

So um it is industrial park, right?

2:49:03

It has the rail, it it makes total sense of where where where it's supposed to go.

2:49:08

Um, you know, the Ulans are here for questions, you know, we we can ask them questions.

2:49:12

Um I mean the um I just I I don't uh i it's a it's a perfect opportunity to to make a a good business the develop out there.

2:49:23

I I mean any your questions you can ask them, they're in the room.

2:49:27

So um that's my two cents for this moment, I guess.

2:49:31

Thank you, Commissioner O'Neill.

2:49:32

Commissioner Morgan.

2:49:34

Thank you, Mr.

2:49:34

Chief Executive.

2:49:35

Uh I just want to clarify something from Commissioner Callahan, just to make sure that I I heard you correctly.

2:49:42

So the TED board, the connections board did not approve a sale to Mr.

2:49:46

Ewand as far as that goes.

2:49:49

We we did have a kind of an investigative meeting um and went through and had a presentation of what they were looking for.

2:50:00

On the question of what is the purpose of a committee, and and I know many of you, all of you are on committee, so you really do know the answer to that is that you're the boards are there to vet certain issues as they go through, and that's exactly what the connection board does.

2:50:15

Mr.

2:50:15

Ewland on a phone call a couple of times had to answer quite a few questions that really you know kind of vetted the process, if you will, that you know, again, maybe those same questions could be asked again and answered.

2:50:33

But the recommendation from the connections board is they're recommending to the council that they move forward with this.

2:50:40

There was no promise that it was you know that they were gonna sell it or I mean they they didn't make that decision, and I just want to make sure that you're aware of that that that they're not you know doing that.

2:50:51

Um they're in an advisory to the council, so they're advising that says, hey, we've got all of our questions asked and answered, and now we're going to hand it off to the council to ask their questions and get them answered as they go through the process.

2:51:07

And with Mr.

2:51:08

Euland here, I mean, again, just to make this go back to where we're at on the agenda.

2:51:13

The the communication that's before us is the buy sale.

2:51:17

It's been instructed, it's been added by the county attorney that some language needs to be added to it.

2:51:22

Um, you know, to to bring that back.

2:51:25

Ms.

2:51:25

Burns, you know, agreed that some of that language should be done.

2:51:29

So I think the proper spot for this communication to continue forward would be to hold this communication in the committee of the whole so that we can ask for the agreement to be amended to add the language, and then the council at that point can continue the discussions, allow for more questions to come in from their constituents, and then answer those questions or ask those questions at a later date.

2:51:54

Now I I don't believe we'll have Mr.

2:51:55

Ewend here every week, but those questions can be facilitated through it.

2:52:00

So at this time I would just make a motion that we hold communication 26-34 in the committee of the whole and ask that the agreement be changed as the discussion on the floor indicated.

2:52:15

We have a motion and a second to hold this in the committee of the whole to add language to the to the contract.

2:52:25

And uh and it's can contingent of the resolution is a okay contingent on the resolution.

2:52:35

Okay, okay, county attorney, is that correct language that we're going?

2:52:39

Chief Executive Gallagher, Commissioners uh Director Burns and I will get it handled.

2:52:43

That's what we're gonna add in.

2:52:44

Thank you.

2:52:45

That that's a good answer.

2:52:47

Okay.

2:52:47

So hold this in the committee of the whole.

2:52:51

Uh thank you, Chief Executive.

2:52:53

I'm not certain uh Evan Baird spoke earlier.

2:52:56

I don't know if he wants to say anything before this is over.

2:52:58

If he does, you're welcome to the time.

2:53:03

I've only advised that somebody that contact to uh the constituent who raised the issue of the noise to make sure she understands the answer that was given here tonight.

2:53:17

Thank you.

2:53:20

Okay.

2:53:20

So we have a motion and a second.

2:53:22

Is there anything else on the question?

2:53:24

Could Commissioners please vote?

2:53:35

And would anyone like to change their vote?

2:53:38

Clerk, please record the vote.

2:53:43

10 yay, zero nay.

2:53:45

10, yay, zero, nay.

2:53:46

Motion passes.

2:53:48

We are moving forward.

2:53:51

We've already done section three, so we will move on to section four resolution ordinance introduced judiciary.

2:53:59

Please note those.

2:54:01

Moving on to section five resolution ordinance for emergency suspension of the rules.

2:54:06

We have one uh resolution number 2026-01.

2:54:12

Um clerk, could you please read the caption?

2:54:22

Resolution number 2026-01.

2:54:26

A resolution amending the budget during the fiscal year after conducting a public hearing at a regularly scheduled meeting of the council of commissioners, in accordance with section 7-6-4006, MCA.

2:54:43

Uh appropriating unanticipated grant revenue from the Montana Department of Natural Resources and Conservation DNRC for the purposes of uh remediate remedial investigation and site planning for Father Sheehan Park and providing for an effective date herein.

2:55:02

Commissioner Morgan, I know we kind of jumped to procedure.

2:55:06

Thank you, Mr.

2:55:07

Chief Executive.

2:55:08

I move for the suspension of the rules for the purpose of passing council resolution 2026-01 by waiving subsection 7 of Rule 36 of the rules and order of the Council of Commissioners, thereby having it considered for advanced passage without reference to the Judiciary Committee.

2:55:29

We have a motion and a second to suspend the rules for resolution number 2026-01.

2:55:34

Is there anything on the question?

2:55:36

Could Commissioners please vote?

2:55:44

And would anyone like to change their vote?

2:55:46

Clerk, please record the vote.

2:55:54

Moving back to resolution number 2026-01.

2:55:58

Clerk, could you read that caption again?

2:56:09

Resolution number 2026-01.

2:56:13

A resolution amending the budget during the fiscal year after conducting a public hearing at a regularly scheduled meeting of the Council of Commissioners in accordance with Section 7-6-4006.

2:56:42

Commissioner Morgan.

2:56:44

Thank you, Mr.

2:56:44

Chief Executive.

2:56:45

I move to place Council Resolution 2026-01 on final reading and pass, having been deemed fully read at length.

2:56:52

Second.

2:56:53

We have a motion and second placing resolution number 2026-01 on final reading.

2:56:58

Is there anything on the question?

2:57:00

Could Commissioners please vote?

2:57:04

And would anyone like to change their vote?

2:57:07

Clerk, please record the vote.

2:57:13

10 years nay.

2:57:14

Motion passes.

2:57:15

Moving on to section six resolutions ordinance for final reading.

2:57:18

We have one resolution number 2025-72.

2:57:22

Clerk, please read the caption.

2:57:26

A resolution amending the budget during the fiscal year after conducting a public hearing at a regularly scheduled meeting of the Council of Commissioners in accordance with section seven-six-4006.

2:57:54

Commissioner Morgan.

2:57:56

Thank you, Mr.

2:57:56

Chief Executive.

2:57:57

At this time, I move to place Council Resolution 25-72 on final reading and pass having been deemed fully read at length.

2:58:05

Second.

2:58:05

We have a motion and a second placing resolution number 2025-72 on final reading.

2:58:11

Is there anything on the question?

2:58:13

Could Commissioners please vote?

2:58:17

And would anyone like to change their vote?

2:58:20

Clerk, please record the vote.

2:58:23

10 yay 0 nay.

2:58:25

10 yay 0 nay.

2:58:26

Motion passes.

2:58:27

Moving on to calendar and other meeting events, please note dates and times of all of our meetings that are going.

2:58:34

And then I would open it up for any public comment on any item that is not on tonight's agenda.

2:58:41

Seeing none, I would take a motion to adjourn.

2:58:44

I see Mr.

2:58:45

Gerbrand hasn't taken off his running shoes yet, so that's a positive thing.

2:58:50

I'll make a motion that we adjourn.

2:58:53

We have a motion and a second.

Discussion Breakdown — Share of Meeting
Procedural████████████████████████████████32%
Personnel Matters██████████████████18%
Public Engagement██████████████14%
Economic Development█████████9%
Community Engagement███████7%
Data Center Development█████5%
Engineering And Infrastructure████4%
Technology and Innovation██2%
Water And Wastewater Management██2%
Summary of Proceedings

Butte-Silver Bow Council of Commissioners Meeting: January 21, 2026

The Butte-Silver Bow Council of Commissioners convened a regular meeting on January 21, 2026, to address urgent community matters, including the appointment of an interim Commissioner for District 10, infrastructure bidding, and significant public concerns regarding economic development and energy policy. The meeting featured robust public testimony focused on the potential impacts of a new data center, the noise and environmental concerns associated with the TranPAC Manufacturing project, and a strong public pushback against AI-powered surveillance cameras.

Consent Calendar

  • Approved the minutes from the January 7, 2026, regular meeting (10 yea, 0 nay).
  • Approved Section 2 of the consent agenda, comprising committee reports and communications A1-A4 and B1-B38, excluding three items segregated for further review: Communication 2026-12 (AI surveillance), Communication 2026-16 (Praxis Center update), and Communication 2026-22 (TranPAC land sale).

Public Comments & Testimony

  • Mick Ringshock expressed strong support for the separation of large energy load rate classes, arguing that residential customers must be protected from the rising costs driven by data centers; he urged the Council to endorse a tariff system ensuring large consumers pay their proportionate share.
  • Holly Genson expressed opposition to the TranPAC project, citing concerns regarding noise levels (up to 120 decibels) and light pollution; she supported the need for rate controls and protective measures for residents in Buxton from potential data center impacts.
  • Jeff Gallus, on behalf of Rick McGregor, testified in strong support of McGregor as a candidate for District 10, highlighting McGregor's character and near-election victory.
  • Lila Klobacar expressed full opposition to the data center proposal, raising concerns about public health, environmental impact, water resources, and the sustainability of energy; she stated residents cannot afford the trade-offs of such development.
  • Clark Grant, Melody Rice, and others expressed explicit support for the appointment of Butch Gerbrandt to the vacated District 10 seat, citing his engineering background, history of renovating local properties, and civic engagement.
  • James Rose and an unnamed resident expressed support for James Madison as a District 10 candidate, highlighting his community involvement and home rehabilitation efforts.
  • Evan Barrett expressed full support for the letter to the Public Service Commission (PSC) regarding large load tariffs, viewing it as a necessary protection for citizens against rate hikes; he also urged that the TranPAC land sale be removed from the consent agenda for committee review due to noise pollution concerns.
  • Unnamed Commissioner (likely in testimony) expressed a stance of neutrality regarding the data center while advocating for sustainable development, emphasizing concerns about water usage from Silver Lake, fire suppression safety, home values, noise pollution, and heat island effects.
  • Adam Sammons expressed concern regarding radiation, water well impacts, and the lack of transparency on the data center's final plan and long-term effects.
  • Unnamed resident expressed full support for the data center to boost local trades but expressed strong opposition to AI-powered "Flock Safety" camera systems, characterizing them as invasive data harvesting tools and "overpriced and evil."
  • Ryan Prosek challenged the motivation behind rural data center developments, asking for a five-year "why" justification for targeting rural Montana over major urban centers, urging caution on AI surveillance.
  • Louis Pizanti expressed personal interest in the data center and questioned the lack of Environmental Impact Statements regarding server replacement cycles.

Discussion Items

  • District 10 Interim Appointment: The Council conducted interviews with five candidates for the interim District 10 Commissioner seat (Harold Gerbrandt, Douglas Ingraham, James Madison, Ann Kish, and Brian McGregor). Following the interviews, the Council determined a tie between Harold Gerbrandt, James Madison, and Ann Kish for top vote-getters. A runoff vote was held between Madison and Kish for the second spot, resulting in a win for Madison. A final vote between Gerbrandt and Madison resulted in a 6-4 victory for Harold Gerbrandt.
  • Letter to PSC (Communication 2026-41): The Council deliberated on a letter drafted by Commissioner O'Leary requesting the Montana Public Service Commission (PSC) to establish a separate rate classification for large energy loads (data centers) to protect residential ratepayers from cost surges. Several commissioners expressed support, noting that Virginia and Oregon have already implemented similar protections, and urging the PSC to prioritize citizen ratepayers over large commercial interests.
  • TranPAC Manufacturing Land Sale (Communication 2026-34): The Council debated the propriety of the purchase and sale agreement for a 6.89-acre parcel in Montana Connections Park. Public testimony and commissioner concerns were raised regarding the process transparency (lack of minutes from the TEID board) and noise pollution concerns. The project owner, Christian Euland, clarified that the facility produces virgin plastic profiles (not recyclers) and has no intention of operating high-noise shredding equipment on-site. However, due to the desire for more public information and a need to clarify legal safeguards, the Council moved to hold the item in committee.
  • AI Surveillance Cameras (Communication 2026-12): The Council considered a request to schedule a presentation on AI-powered "Flock Safety" camera systems. Due to strong public opposition regarding privacy and data harvesting, the Council voted to hold the item in the Committee of the Whole pending the presentation.
  • Praxis Center Update (Communication 2026-16): Discussion revealed that the proposed presenter, Ray Rogers, was unwilling to appear before the Council at this time. The item was noted on file.

Key Outcomes

  • Commissioner Appointment: Harold Gerbrandt was appointed as the interim Commissioner for District 10, serving until the November 2026 election (Vote: 6-4). The Council plans to swear him in shortly after the meeting.
  • Energy Policy: Motion passed (10 yea, 0 nay) to authorize the Council Chairman to send a letter to the Montana Public Service Commission supporting the creation of a separate large load rate class to protect residential ratepayers from data center-induced rate hikes.
  • TranPAC Land Sale: Motion passed (10 yea, 0 nay) to hold Communication 2026-34 in the Committee of the Whole with instructions to amend the purchase and sale agreement to include language making the contract contingent upon the passage of the final Council resolution.
  • Surveillance Cameras: Motion passed (9 yea, 1 nay) to hold Communication 2026-12 in the Committee of the Whole pending a presentation on AI-powered surveillance systems.
  • Resolutions:
    • Resolution 2026-01: Passed (10 yea, 0 nay) to amend the budget to appropriate unanticipated DNRC grant revenue for remedial investigation and site planning at Father Sheehan Park.
    • Resolution 2025-72: Passed (10 yea, 0 nay) for final reading and passage.

Note: A discrepancy exists in the transcript regarding the date of the meeting. The Clerk announced the date as January 21, 2026, multiple times, while the transcript header mentions January 22 in the system prompt and the discussion references the "January 7th" minutes of the "regular meeting" held the previous week, which is consistent with a January 21st meeting (Wednesday).

Meeting Transcript

I'd like to call the Butte Silver Boat Council of Commissioners regular meeting for Wednesday, January twenty-first, twenty twenty-six. Clerk, could we please have roll call? Ten present, one absent. Ten present, one absence. Please note that Commissioner Mankins is absent from tonight's agenda. Uh Commissioner Walker, could you lead us in the prayer in the pledge? And to the Republic for which it stands. Next we'll move on to public comment on any item on tonight's agenda. So I think we have a pretty full house, and we're gonna have people that are gonna want to come up and speak. We're gonna stay really tight on the three minutes. So as the three minutes ends, you'll see the the lights on here. So please adhere to that. And once it's done, then we're gonna ask you to to wrap up and then we'll move on to the next one. Okay. So um if anyone would like to come forward, please come forward, state your name, your address, and the item that you'd like to speak about. Make will you will you please turn on the there you'll there's a spot right there, it'll turn on red. There you go. My name's Mick Ringshock. I live at 3310 Hannibal Street. And I would like to comment on item number 2026 41, uh council letter to the PSC, if I may as you all know we've got some interest in a data center coming forward, and the PSC is involved with that. But I want to just give you a few facts real quickly and a recommendation. We all know electrical prices across the country are uh just out of sight, they're surging. And there's an outfit called PJM, which is Pennsylvania, New Jersey and Maryland. It serves sixty-three million people. It's the largest transmitter of energy in the United States. They've sent a request to FERC to put a hold on development anymore data centers because of what's happened to electrical rates. And this is an example, and it's not here, but in that area for T in June of 2024, a megawatt day, which is twenty-four megawatts. Last year, a megawatt day cost 269.62 cents. Next year, a megawatt day is going to cost $329. There are still areas where the increase has been 17%. What's the difference? The difference is tariffs and rate classes and strong ordinances in states that have taken action to tighten up the rules and the sideboards for data centers because it's caused such an issue across the country on transmission. The PSC has the ability to make rate classifications, and they should separate out the rate for databases from the rate for residential units. But this letter from this council on current circumstances is gonna have an impact on that organization. And they're the ones that can affect this issue. The large load tariffs are critical to what's going on in the energies and the modern energy management. Without them, it's it's a you know wild horse race, basically. And it's the challenges all come from high demand customers. Residential customers will see the rising costs, but you can do a lot to hold them down. So specifically, you got to categorize the large energy facilities. You have to put them in their own category. And then secondly, you have to put a tariff on it. And what is the tariff? It's a set rate. It ensures that the large load customers will pay their share of all of the things that are going on. If you look at the data center they built in Washington, they talk about there's four substations around it. Just around that one little area. And you need to categorize those large energy. You have to ensure that the large load customers are addressed. So my last thing is we need to require long-term contracts to protect the residential customers from the rising costs, and you have the ability to do this.

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