OpenPublica

Accountability starts with access.

© 2026 · Filed for the public record

Use casesAboutAPIPrivacyTermsLinkedIn
Home/Butte Silver Bow, Montana/Council of Commissioners & Committees
OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Butte Silver Bowl Council Special Meeting - October 12, 2026

Council of Commissioners & Committees — Monday, October 12, 2026
BodyButte Silver Bow, Montana
SessionCouncil of Commissioners & Committees
DateMonday, October 12, 2026
StatusFILED
Video Record
0:00 / 27:21

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Unassigned speaker

10:12

I'd

Speaker 1

10:13

like to call the Butte Silver Bowl Council of Commissioner special meeting for Monday, October 12, 2026 to order.

10:19

Clerk will we please have roll call?

Speaker 2

10:23

Nine present, three absent.

Speaker 1

10:26

Nine present, three absent.

10:27

Please note that Commissioner O'Neill, Commissioner Walker, and Commissioner Boyle are excused from tonight's agenda.

10:34

And Commissioner Thatcher, could you lead us in the prayer in the pledge?

Speaker 3

10:42

Almighty God, we implore you.

10:44

Look upon us and guide us this night as we make decisions which so greatly affect our community of Pete Zoverbow.

10:50

Bless our thoughts, words, and deeds so that we please you and best serve our fellow citizens.

10:55

Amen.

Speaker 1

11:15

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

11:20

And I'll um want to the public know that we'll keep it public comment again to three minutes.

11:27

So if you'd like to come forward and uh have any public comment on tonight's agenda, um you're welcome to come forward.

11:37

Seeing none, we'll move to item number one, communication number twenty twenty-six.

Robert Edwards · Speaker 4Inferred

11:45

Oh

Speaker 1

11:46

please come forward.

Speaker 5

11:51

Sorry, Chief Executive.

11:52

I thought you were gonna

Robert Edwards · Speaker 4Inferred

11:53

call for a one and a two and whatnot.

11:56

So Chief Executive, members of the commission.

12:07

My name is Robert Edwards, 78 East Park Street.

12:11

People keep asking me whether I'm for or against the BID.

12:14

Let me be clear.

12:15

I support the concept of a business improvement district.

12:18

Uptown Butte has some real problems, and I believe a collective organization of business and property owners can up could could achieve some tremendous

Unassigned speaker

12:27

good.

Unassigned speaker

12:27

I

Robert Edwards · Speaker 4Inferred

12:28

don't question the passion, passion or good intentions of the people behind the BID, but good intentions are not a substitute for competent administration or compliance with the law.

12:37

I've been raising concerns since before the council excuse me.

12:43

I've been raising concerns since before the council first moved to establish the BID from basic mathematical errors in the original assessment calculations to the legal and procedural issues we're confronting tonight.

13:05

First, where is the resolution actually creating the BID?

13:09

Resolution 2461 expressly declares the council's intention to create the district.

13:15

An intention to create a bid isn't actually creating a BID.

13:24

Second, where's is the annual resolution actually levying these assessments?

13:28

I've been able unable to find one for 2025, and nothing before you tonight appears to levy the assessments for 2026.

13:36

Montana Code annotated 7-12-1132 subsection four requires the governing body to levy assessments by a resolution each year.

13:45

Subsection five requires that requires that resolution to be delivered to the treasurer for collection.

14:03

These aren't questions about definitions.

14:05

They're questions about whether the required process was actually followed.

14:08

Correcting language from 24 2024 tonight doesn't answer either of these.

Speaker 1

15:01

The purpose of the meeting is to thoroughly examine the wording of the resolution with County Attorney Ann Ruth and address any question regarding its legality and determine whether revisions or clarification are necessary.

15:14

Following the discussion, I request that the resolution be brought before counsel for reconsideration and a new vote.

15:20

Commissioner Shea.

Speaker 6

15:23

Thank you, Mr.

15:24

Chief Executive.

15:25

At this time, I uh move uh for a motion to reconsider resolution number 2026-54.

Speaker 1

15:34

We have a motion and a second to uh move and uh reconsider communication number 2026-504.

15:42

Is there anything on the question?

15:44

Commissioner Morgan.

Speaker 7

15:45

Thank you, Mr.

15:46

Chief Executive.

15:46

Please let the record reflect that Commissioner Shea was on the prevailing side of the motion that passed, hence why she has the ability to do a motion to reconsider.

Speaker 1

15:56

Thank you.

Speaker 7

15:57

Okay.

Speaker 1

15:59

Is there any other comments by Commissioner?

16:02

Seeing none, could Commissioners please

Unassigned speaker

16:05

vote.

Unassigned speaker

16:17

And

Speaker 1

16:18

would anyone like to change their

Discussion Breakdown — Share of Meeting
Economic Development█████████████████████████████████████████████51%
Procedural███████████████████████████████████████████49%
Summary of Proceedings

Butte Silver Bowl Council of Commissioners Special Meeting - October 12, 2026

On Monday, October 12, 2026, the Butte Silver Bowl Council of Commissioners held a special meeting to reconsider and amend Resolution 2026-54, which corrects language in the Business Improvement District (BID) assessment table. Nine commissioners were present, three were excused. The meeting focused on legal clarity and procedural compliance after public concerns raised by Robert Edwards.

Public Comments & Testimony

  • Robert Edwards (78 East Park Street) stated he supports the concept of a Business Improvement District but raised serious concerns about procedural compliance. He pointed out missing resolutions: (1) the original resolution 2461 only declared an intention to create the BID, not the actual creation; (2) no annual resolution levying assessments for 2025 was found, and none for 2026 was before the council. He cited Montana Code Annotated 7-12-1132, subsections 4 and 5, requiring annual levy resolutions. He requested that the resolution be reconsidered and voted on after thorough legal review.

Discussion Items

  • Motion to Reconsider Resolution 2026-54 – Commissioner Shea moved to reconsider, noting she was on the prevailing side. The motion passed unanimously (9-0).
  • Legal Analysis of Amendment – County Attorney Ann Ruth provided a memo confirming that changing the assessment table from “tax assessed value” to “market value” is a language correction. She explained that property tax bills label the assessed value as market value, and the BID board used that number. She acknowledged that while the change is legally defensible under the liberal construction doctrine from a Montana Supreme Court case (Calispell), it has not been specifically challenged and remains open to legal challenge.
  • Commissioner Comments – Commissioner Gerbrand noted that the assessment method (classification criteria under MCA 7-12-1132(2)(f)) supports using market value as “other measurable criteria.” Commissioner Fisher asked for a condensed legal opinion. Commissioner O’Leary inquired about the 10-year duration of the BID and whether the change affects it; County Attorney Ann Ruth clarified the amendment only corrects language, not the calculation method.
  • County Attorney on Edwards’ Concerns – Ann Ruth addressed Mr. Edwards’ concerns about the original resolution: she stated that while the 2024 resolution used “intent” language, the attachments (boundaries, assessment method) effectively created the BID, and subsequent actions (e.g., establishing the BID board in April 2025) support that. However, she conceded the language is open to interpretation.

Key Outcomes

  • Resolution 2026-54 Passed (9-0) – The council voted unanimously to place the resolution on final reading and pass it as amended, correcting the assessment table language from “tax assessed value” to “market value.”
  • Meeting Adjourned – The council moved to adjourn without further discussion.

Meeting Transcript

I'd like to call the Butte Silver Bowl Council of Commissioner special meeting for Monday, October 12, 2026 to order. Clerk will we please have roll call? Nine present, three absent. Nine present, three absent. Please note that Commissioner O'Neill, Commissioner Walker, and Commissioner Boyle are excused from tonight's agenda. And Commissioner Thatcher, could you lead us in the prayer in the pledge? Almighty God, we implore you. Look upon us and guide us this night as we make decisions which so greatly affect our community of Pete Zoverbow. Bless our thoughts, words, and deeds so that we please you and best serve our fellow citizens. Amen. Next we'll move on to public comment on any item on tonight's agenda. And I'll um want to the public know that we'll keep it public comment again to three minutes. So if you'd like to come forward and uh have any public comment on tonight's agenda, um you're welcome to come forward. Seeing none, we'll move to item number one, communication number twenty twenty-six. Oh please come forward. Sorry, Chief Executive. I thought you were gonna call for a one and a two and whatnot. So Chief Executive, members of the commission. My name is Robert Edwards, 78 East Park Street. People keep asking me whether I'm for or against the BID. Let me be clear. I support the concept of a business improvement district. Uptown Butte has some real problems, and I believe a collective organization of business and property owners can up could could achieve some tremendous good. I don't question the passion, passion or good intentions of the people behind the BID, but good intentions are not a substitute for competent administration or compliance with the law. I've been raising concerns since before the council excuse me. I've been raising concerns since before the council first moved to establish the BID from basic mathematical errors in the original assessment calculations to the legal and procedural issues we're confronting tonight. First, where is the resolution actually creating the BID? Resolution 2461 expressly declares the council's intention to create the district. An intention to create a bid isn't actually creating a BID. Second, where's is the annual resolution actually levying these assessments? I've been able unable to find one for 2025, and nothing before you tonight appears to levy the assessments for 2026. Montana Code annotated 7-12-1132 subsection four requires the governing body to levy assessments by a resolution each year. Subsection five requires that requires that resolution to be delivered to the treasurer for collection. These aren't questions about definitions. They're questions about whether the required process was actually followed. Correcting language from 24 2024 tonight doesn't answer either of these. The purpose of the meeting is to thoroughly examine the wording of the resolution with County Attorney Ann Ruth and address any question regarding its legality and determine whether revisions or clarification are necessary. Following the discussion, I request that the resolution be brought before counsel for reconsideration and a new vote. Commissioner Shea. Thank you, Mr. Chief Executive. At this time, I uh move uh for a motion to reconsider resolution number 2026-54. We have a motion and a second to uh move and uh reconsider communication number 2026-504. Is there anything on the question? Commissioner Morgan.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com