[{"_1":2,"_99":-5,"_100":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6540331,"mediaKeyId","3426133-8f5c81b71c43c9a7e9bfeaa60e3769bd","parentId",3426133,"title","Livingston commission weighs legal, safety and memorial concerns after privately installed flagpole in Sacagawea Park","audioSeconds",11015,"startMs",1705000,"endMs",12720000,"viewUrl","/Search/View?dp=1&key=3426133-8f5c81b71c43c9a7e9bfeaa60e3769bd&start=1705&end=12720","thumbnailUrl","https://assets.pipeline.soar.com/3426133-8f5c81b71c43c9a7e9bfeaa60e3769bd/thumbnail_1705000.jpg","articleUrl","/articles/6540331/Livingston-City/Park-County/Montana/Livingston-commission-weighs-legal-safety-and-memorial-concerns-after-privately-installed-flagpole-in-Sacagawea-Park","mediaUrl","https://secure.pipeline.soar.com/6540331-bd2883fb5fb69dbcb7430394c644f3b7/orig.mp4?Expires=1771170572&Signature=d7yKaHz-iygwaY9bDmjtyzeIDdAPknG0-Igc3eAKh1SCzK5ybGW~DAytyIq6tNNMZIrrf-WfwghFFu8x26eswMcqtCZ8znD4pE9irF8WLIEDxq1Lsv5BPkfGvZNvflcs3RVxDmD~pebxETLE5JcpvOOBOJmd1znJuowphvmNdsyEHL6-UQz6azhMx6F04F3uVkSpiQGgS8jnr6YXz0jeSUbiHbwboQv0lLYkErlgZDjQhYehPeGKN5DoFAL-ZCYqAls0zjXrnSX7g5-c5jKzPhIwCmwRVf1jMZmvtCdk5MY7f9qJD-kK~72l6ITXUDhgksuSXo38KskUT1uNjhdumQ__&Key-Pair-Id=KUT5TJCACFTXG","author","City of Livingston, MT","date","2025-05-20T00:00:00Z","article","Chair Quentin Schwartz and city staff opened a lengthy public discussion Monday after a privately installed flagpole and American flag appeared overnight at the traffic triangle where Yellowstone Street meets River Drive in Sacagawea Park.

City Manager Grant Gager told the commission the city did not install or authorize the pole and that its presence raises operational and legal risks: “Because this flagpole is not a city flagpole, because this flagpole is not secured, it introduces some legal liability to the city.” Gager cited the U.S. Supreme Court’s 2021 Shurtleff v. City of Boston decision in explaining that a privately erected pole on public property can create a public forum that limits the city’s ability to remove or selectively regulate speech.

Why it matters: The triangle is inside the park master‑planning area now under review and sits in a mapped 500‑year floodplain, city staff said. Staff also reported immediate safety and operational issues: the halyard is not secured, the pole was not lowered on Peace Officers Memorial Day, the flag was unlit at night on at least one observation, and a sanitary sewer main runs about 4 feet below River Drive near the pole — details the commission said increase the city’s legal exposure if an incident occurs.

What commissioners and staff heard and decided: Commissioners repeatedly said they support honoring veterans but expressed concern about liability, precedent and public process. Commissioner comments focused on three problem areas: (1) public‑safety and engineering standards for in‑street posts such as breakaway mountings; (2) First Amendment and equal‑protection risks if private groups are allowed to place and maintain flags on public property; and (3) the need to finish the city’s parks master plan and to coordinate any memorial work with that public process.

After public testimony by several local veterans and veterans’ organization leaders — including Bob Meacham (American Legion officer), John Yeager (outgoing American Legion commander) and Derek Eric Brasek (VFW post commander) — the commission directed staff to pursue several short‑ and medium‑term steps rather than order immediate removal. Gager said staff will: (a) work with the veterans’ groups to reach an agreement transferring ownership/maintenance to the city or a formal operations arrangement with the veterans; (b) draft a city policy that clarifies which flags may be displayed on public flagpoles and the rules for private groups; (c) evaluate engineering fixes to make the existing pole safer (for example adding a breakaway flange or other modifications) and report cost estimates; and (d) accelerate public outreach for the parks master plan focused on the Yellowstone/River intersection and a possible veterans memorial.

Public testimony: Dozens of residents and veterans urged the commission to allow the American flag to remain at the site while the city and veterans work toward a permanent solution. Several speakers cited the pole’s 1991 dedication and said they had not been contacted about plans. Speakers described the flag as a veterans’ memorial and asked for a temporary solution for Memorial Day and upcoming ceremonies. City staff acknowledged prior conversations about replacing the original pole in earlier budgets and said the city has previously set aside funds for flagpoles but that past plans changed.

Technical and legal context provided by staff: Gager summarized relevant precedents and technical constraints. He said the Shurtleff decision found that permitting private flags on public poles may create a non‑governmental forum that gives private speakers First Amendment protection. He noted three policy choices cities use elsewhere: limit public poles to official government flags; allow only flags the governing body chooses; or allow private organizations to display flags and accept the limited regulatory control that follows. Staff also reported that the site is in the 500‑year floodplain and that manual utility locates were not requested before the pole was installed. Public‑works staff reported the pole lacks a breakaway connection commonly recommended by the Manual on Uniform Traffic Control Devices for in‑right‑of‑way posts.

What’s next: City Manager Gager said staff will return with a recommended flag policy, an engineering assessment and proposed wording for a volunteer/maintenance agreement with veterans’ groups. Commissioners emphasized they wanted the memorial question handled through the parks master plan’s public engagement process, but several also said they would support a short‑term, jointly managed arrangement to keep the American flag in place if safety and legal questions can be addressed quickly and the veterans’ groups agree to terms.

Ending note: The meeting produced no formal ban or immediate removal. Instead the commission’s direction prioritizes clarifying ownership and operations, addressing safety by engineering review, and building a public‑reviewed memorial as part of the parks master plan.","mediaType","Video","parentTitle","2025_05_20 City Commission Meeting","oneSentenceSummary","Chair Quentin Schwartz and city staff opened a lengthy public discussion Monday after a privately installed flagpole and American flag appeared overnight at the traffic triangle where Yellowstone Street meets River Drive in Sacagawea Park.","taxTitle","Livingston City, Park County, Montana","taxId",52298,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6540324,"MSU Extension’s Park Local Development Corporation highlights small‑business revolving loan fund and free technical assistance",421,1009000,1430000,"/Search/View?dp=1&key=3426133-8f5c81b71c43c9a7e9bfeaa60e3769bd&start=1009&end=1430","https://assets.pipeline.soar.com/3426133-8f5c81b71c43c9a7e9bfeaa60e3769bd/thumbnail_1009000.jpg","/articles/6540324/Livingston-City/Park-County/Montana/MSU-Extensions-Park-Local-Development-Corporation-highlights-smallbusiness-revolving-loan-fund-and-free-technical-assistance","https://secure.pipeline.soar.com/6540324-941670b6216b4af84e2dae9d062ff023/orig.mp4?Expires=1771170572&Signature=ehP84QwUrm6OXoXhNIdubqwRlXQU3CUQCOpdtJFjhwJA9raNk5FIp79XzcOzHHzDW3aFdhLKQeWpwiXI6LM2bGM1HFfGLErDZAUrY9c1vrD5-J~b~Z8Ibe-DhRQNYGEvSxu~IdwuOBLDoaRV-kURTGOlpJIIuZT4uX7YlQKphJn96nWajBEP8Tq0swhTSAf8dJdqHPD4aWHbcKEIMxlf1cJAa2uLpNIptQSAhqqyByoNB6dgybELMpeZgd9ecDpesdTDLkfEbW9lhZgz8cOR~UXCKmue7tlLyJVdLXSO2Hvqc1d8-74HpEaM~X2HgqhZRz5DtXVHlOdtCtgMLhm7ew__&Key-Pair-Id=KUT5TJCACFTXG","Trent Blustrate, an extension agent with Montana State University who manages the local nonprofit Park Local Development Corporation, gave a short presentation to the Livingston City Commission about a revolving loan fund the organization administers for the city and county.

What he told the commission: Blustrate said the fund originated from a federal CDBG grant in the early 2000s and is intended to provide loans to small or new businesses that cannot obtain traditional bank financing. Since the position and oversight arrangement began in 2023, Blustrate said Park Local has made loans to more than five businesses in the city and helped retain more than 15 jobs. He described examples including financing ownership transitions and helping business founders who lack multi‑year tax histories.

Other services: Park Local offers one‑on‑one consultations (ten technical focus areas including marketing and financial management), periodic classes such as QuickBooks and social media training, and a year‑long leadership program. Blustrate said the group is finalizing a subrecipient agreement with the city and county that will formalize how Park Local manages and reports on fund activity.

Why it matters: Small local revolving funds can preserve businesses, support transitions of ownership, and help entrepreneurs grow without sole reliance on bank credit. Blustrate told the commission the fund had been only about 5% deployed when he started work and is now over 50% deployed, indicating greater utilization.

What’s next: Staff said the subrecipient agreement formalizing the city’s relationship with Park Local will return to the commission for approval. The commission thanked Blustrate and encouraged publicizing classes and outreach to local business owners.","A representative of MSU Extension outlined how a city–county revolving loan fund administered by the Park Local Development Corporation helps entrepreneurs obtain loans and business counseling.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6540327,"Livingston approves new water‑meter contract, directs city to create opt‑out policy after health, privacy concerns",60,12780000,12840000,"/Search/View?dp=1&key=3426133-8f5c81b71c43c9a7e9bfeaa60e3769bd&start=12780&end=12840","https://assets.pipeline.soar.com/3426133-8f5c81b71c43c9a7e9bfeaa60e3769bd/thumbnail_12780000.jpg","/articles/6540327/Livingston-City/Park-County/Montana/Livingston-approves-new-watermeter-contract-directs-city-to-create-optout-policy-after-health-privacy-concerns","https://secure.pipeline.soar.com/6540327-6a797968e9bc0904458ea53a2ee853ef/orig.mp4?Expires=1771170572&Signature=XtXC~oZr8Hgo3hQN6t~WN2mY7NP8n1YZZYAwmRat8jyVF~mGR1xm16Bnqh3GfUChmLOicUJ7Od~c99UmoD3GWMV~8vC5eEIQirLFFOo3yJcCDbW6eAwENdk8Qvxadim~OX1~omOY7uTERjN6wPLGbMAHocKaiQxpCATlQZ~Hpa~ixE16Hgks2llpG6unuxYaBq1O0BJtpUP39f8ZzcNIqmuW12PggzUHF~Em0Z1f1FC2slGYsxv99XgvYYiBpuPk~MWdPOBRL0c~Y8C4Wd1WYnO943hZpOhZrbHSH3vLbNVMVBjyiWtEPX7hiDKwWGdycF4ZbUtuM2AvP08QdpEoOg__&Key-Pair-Id=KUT5TJCACFTXG","The Livingston City Commission voted to approve a purchase order for new automatic meter infrastructure (AMI) water meters and to direct the city manager to develop an opt‑out program after multiple residents raised health, privacy and billing concerns during public comment.

What the commission approved: The commission approved Purchase Order / Agreement 2172 with Ferguson Water Works for replacement water meters and supporting equipment. The motion that passed also directed staff to prepare an opt‑out program for customers who do not wish to participate in the new AMI system.

City staff briefing: City Manager Grant Gager and city staff provided technical background to the commission. Staff emphasized that the proposed meters use radio transmissions similar in kind to other consumer devices and summarized manufacturer and federal testing data: the meters’ transmissions are brief and intermittent — staff said normal operation would typically transmit to the base station about once every six hours, and full‑power “commissioning” mode may perform periodic, shorter‑interval transmissions (staff cited manufacturer test results and Federal Communications Commission maximum permissible exposure rules in explaining that typical exposures are far below levels the FCC regulates).

Public concern and testimony: Multiple residents and a local naturopathic physician urged caution or a delay. Dr. Karen Stenson said she has treated patients who report electrohypersensitivity and asked the commission to “take a precautionary approach” and review broader scientific literature before rolling out meters. Several residents described problems they attribute to smart meters in other jurisdictions including unexpected bills and health complaints.

Commission action and rationale: Commissioners said they heard and respected the health and billing concerns but also noted the city’s operational need to replace aging meter equipment and the manufacturer’s timeline for support. To balance those needs, the commission approved the purchase order and specifically instructed the city manager to return with an opt‑out framework and implementation steps. Commissioners discussed including an automatic replacement requirement on property transfer so opt‑outs would not leave the city with a long‑term mixed system.

Votes and next steps: The motion to approve the purchase order and to develop an opt‑out program passed in roll call. Staff said the meters already in service would be phased as older devices fail or as properties undergo other meter work; staff also said they would work with any resident who chooses to opt out and would return with details for an opt‑out fee, placement options, and the operational process.

What remains unresolved: Residents called for a more exhaustive scientific review and for explicit details on opt‑out costs, placement alternatives and how an opt‑out policy will affect billing and emergency reads. Staff said they will come back with a specific opt‑out policy for commission approval and with technical documentation that shows transmission intervals and safety testing data.","The commission approved a purchase order for new AMI water meters and asked staff to develop an opt‑out program after public commenters raised health, billing and privacy concerns.","actionData","errors"]

Article not found

Livingston commission weighs legal, safety and memorial concerns after privately installed flagpole in Sacagawea Park

MSU Extension’s Park Local Development Corporation highlights small‑business revolving loan fund and free technical assistance

Livingston approves new water‑meter contract, directs city to create opt‑out policy after health, privacy concerns