Butte-Silver Bow Commissioners Committee of the Whole Meeting – August 12, 2026
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Butte-Silver Bow Commissioners Committee of the Whole Meeting – August 12, 2026
The Butte-Silver Bow Council of Commissioners held a Committee of the Whole meeting on Wednesday, August 12, 2026. All 12 commissioners were present. The meeting included a report from the County Attorney on a pending ballot initiative lawsuit, public hearings on the FY2027 budget and Metro Sewer rate increases, and a presentation from the Silverbow Developmental Disabilities Council. Several routine communications were approved unanimously.
Public Comments & Testimony
- A member of the public questioned why new restaurants, citing Chipotle as an example, are built without ADA accessibility beyond the drive-through, expressing concern about compliance with disability access standards.
- During the later public comment period on non‑agenda items, a representative of the Greeley Neighborhood Community Development Corporation Inc. addressed the council. He stated that for 13 years the organization has sought creation of a combined community council and neighborhood improvement organization structure. He noted that the Butte-Silver Bow County Attorney clarified in 2014 that neighborhood community improvement organizations are not community councils. He announced that the group will submit a request to establish a procedure for recognizing such organizations, referencing the Greeley Area Plan and Montana Code.
Chair’s Report & County Attorney Update
- Chairman Morgan clarified that the council had no decision‑making authority regarding ballot initiative 00‑02 and that the dates/process were not set by the commission.
- County Attorney Ann Ruth reported that on the morning of August 12, 406 people filed a complaint and request for a preliminary injunction to prevent Butte-Silver Bow County and the Clerk and Recorder from stopping the ballot initiative. After reviewing the petition, she advised agreeing to the preliminary injunction to allow the initiative to move forward pending a court determination on whether a disputed statute applies. Judge Joseph issued the order with both parties’ consent. A hearing on the merits is scheduled for the following Wednesday, with a possible additional briefing schedule. The Clerk and Recorder’s office has been instructed to continue processing signatures so that ballot initiative 00‑02 may appear on the ballot if the injunction remains in place.
Discussion Items
- Communication 2026-367 (Metro Sewer Rate Increase): Director Hassler presented a proposed 3% increase in user rates, equating to an increase of $3.63 annually per unit. Single‑family residences, assessed three units by county ordinance, would see an annual increase of $10.88. Multifamily and commercial properties would also see a 3% increase per assessed unit. The increase is necessary to comply with state and federal mandates, maintain a 110% debt service coverage ratio, and fund over $34 million in mandated facility upgrades. The public hearing was opened and closed with no proponents or opponents speaking; it will remain open until the council adopts the final FY2027 budget and sets the rate.
- Communication 2026-366 (FY2027 Final Budget Adoption): Director Hassler presented a list of amendments, primarily adjustments to grant‑funded and project budgets reconciled through June 30. Discussion centered on the impact of the state’s 1.9% tax rate applied to certain properties (non‑primary residences) and the homestead exemption. Director Hassler explained that the Department of Revenue will provide a refund/rebate application process for those who should be taxed at the lower 0.76% rate but were incorrectly classified. Commissioner Mankins proposed an amendment to add 1.25 mills (approximately $110,000) for the purchase and installation of 12 radar feedback signs in school zones, citing improved driver awareness and safety. The cost is over $80,000 and would be subject to competitive bidding. Director Hassler noted that if adopted, the amendment would be included in the final budget to be voted on next week. Commissioners also discussed the ability of taxpayers to see their tax rate on bills; Commissioner O’Leary suggested adding the rate to future tax bills, and Director Hassler said she would consult with the Treasurer’s office.
- Presentation – Silverbow Developmental Disabilities Council (Communication 2026-383): Executive Director Holly Bennett gave an annual update. The organization has accepted four new clients in the past six to eight weeks and continues to provide individualized one‑on‑one or group support. A free clothing exchange was launched in partnership with Butte Cares, and over three 20‑foot trailers of clothing were donated to Spokane fire victims via the Butte Fire Department. The disability truck remains a client‑operated enterprise. Clients work at local businesses such as Wendy’s, McKinsey River Pizza, Dairy Queen, Safeway, and McDonald’s (one client with 40 years of employment). The organization serves Dillon, Whitehall, Anaconda, and Silverbow, with 35 full‑ and part‑time staff and an annual payroll over $500,000. Revenue sources include county support, Medicaid, disability income, grants, and donations. The commercial kitchen is used by 4‑H youth, Native Wellness Center, and emerging businesses at minimal cost. There is zero dollar increase in service rates for the coming year. Commissioner Bennett highlighted athlete Joe Gibson, who broke a national record in the turbo jab at the National Special Olympics, featured on ESPN, and who may be invited to the World Special Olympics. Commissioners praised the organization’s work and impact.
Key Outcomes
- Ballot Initiative 00‑02: County Attorney agreed to a preliminary injunction; the clerk will continue processing signatures; a court hearing on the merits is set for the following Wednesday.
- Metro Sewer Rate Increase (Comm 2026-367): Public hearing remained open; a vote on the rate increase will occur when the council adopts the FY2027 final budget.
- FY2027 Budget (Comm 2026-366): Public hearing remained open; the council will vote on the final budget, including Commissioner Mankins’ proposed amendment for radar feedback signs, at the next meeting.
- Motions Approved Unanimously (12‑0):
- Cross‑reference Communication 2026‑300 with 2026‑382 (land purchase documentation).
- Place Communication 2026‑383 (Silverbow Developmental Disabilities presentation) on file.
- Concur in place on file as amended Communication 2026‑406 (Clark Chateau lease renewal with Butte Symphony).
- Communications Held in Abeyance: Several items were continued pending future reports or dates: Comm 2026‑366 (budget adoption continued), Comm 2026‑367 (rate setting continued), Comm 2026‑381 (library presentation to August 26), Comm 2026‑384 (land purchase pending land sales committee report), Comm 2026‑409 (bid opening to August 26), Comm 2026‑410 (legal review of parking services contract).
- The meeting was adjourned by unanimous consent.
Meeting Transcript
I'll bring the Butte Silver Boat Council of Commissioners Committee of the Whole meeting for to order for Wednesday, August twelfth, twenty twenty-six. Can we please have a roll call? Twelve present, zero absent. Thank you. Please let the record reflect everyone is present today. Communication twenty twenty-six-three six seven and the continuation of communication twenty twenty-six-three six six. Those will have separate items for members to speak about. If there is a member of the public that would like to speak on any item on the agenda, please get up and state your name and address for the record and refer to the communication that you were talking about. Um think it's adjacent enough for me to ask this question. I'd like Holly Bennett's really cool and the uh and I'm excited for this presentation. But I would also like to know why we're still building restaurants that aren't ADA friendly, such as I hate to throw Chipotle under the bus here, but I mean that's a brand new restaurant in our town that's not ADA accessible besides the drive-through. Um I'm just curious about all that. Thank you. Okay. Thank you. Is there any other member of the public that would like to speak on any item on the agenda? Okay. Seeing none, I would move on to the report of the chair. Obviously, we have a uh busy group in front of us today, and I just want to say that, you know, contrary to the to popular belief, the council did not have any uh decision making authority regarding the ballot initiative 00-02. Um so I just want to let the public know that we didn't have anything to do with the dates or the that whole process. So hopefully to clarify that a little bit. But the county attorney does have an update that he would like to um discuss or to inform the public on. And so I offered to give him my time as the report of the chair. So County Attorney Anne Ruth. Chairman Morgan Council, uh, members of the community. Uh this morning, 406 people filed a uh complaint and request for preliminary injunction asking that the Butte Silverbow County and the clerk and recorder's office be enjoined from stopping the ballot initiative from going forward. After reviewing the petition and uh the complaint, it was my advice that we agree to the preliminary injunction and that we allow the judge to order it and put it in place so that the ballot initiative can continue to move forward until it's determined by a court uh in our county and our community whether or not the statute that uh they're discussing over in billings applies here. Uh Judge Joseph issued that order after both parties agreed to it this morning. He set it for a uh or excuse me, a uh hearing on the uh merits of it next Wednesday, I believe. Um there may be an additional briefing schedule that is ordered, but for right now the uh injunction is in place, uh be it Silverbow County agreed to it, and the clerk and recorder's office has been informed to continue processing signatures and uh any other thing that comes into them to ensure that if the injunction remains in place, that uh ballot initiative 00-02 does go on the ballot with the Secretary of State. Okay. Thank you, County Attorney and Ruth for that report. Next item on tonight's agenda is section one, bid openings, public hearings and or presentations. We do have a couple of pres or a couple of public hearings. Uh communication number 2026-367, Karen Hassler, Finance and Budget Director requesting council of commissioners permission to schedule a public hearing on August 12th, 2026 to establish user rates for Metro Sewer. The public hearing will begin on August 12th and be continued until the next council of commissioner sets the date to adopt the fiscal year 2027 final budget and fix the rate. Uh Director Hassler. Uh thank you, Chairman. Sorry. County Attorney Ann Ruth, is there proof of publication? Uh Chairman Morgan, yes, there's proof of publication. Okay. Director Hassler, staff report. Thank you. Uh Chairman Morgan, members of council. Uh the purpose of this public meeting this evening is to hear public uh comment on the proposed rate increase for Metro sewer services. The proposed increase of three percent equates to an increase of three dollars and sixty-three cents annually for each unit. Single family residents are assessed three units uh by county ordinance, and therefore will receive or will see an increase of ten dollars and eighty-eight cents annually. Multifamily residences and commercial properties will also see an increase of three percent or three dollars and sixty-three cents annually per unit assessed. Multifamily residential properties and commercial properties vary on the number of units that are assessed, and the schedule of these base units can be found in Butte Silverboat Ordinance 13 um 8-040.
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