Butte-Silver Bow committee holds two measures for review, advances property sale and special-events ordinance

The Butte-Silver Bow Judiciary Committee on April 22, 2026 held two resolutions for further review and advanced two other items after discussion about tax equity, land developability and changes to special-events permitting.

Chairman Wilman Shea called the meeting to order and opened the floor to Communication 2026-175, a submission from Mark Philip of 1150 West Gold View who provided a draft resolution and supporting exhibits and a sample letter for commissioners to review if they chose to pursue it.

The committee next took up Resolution 2026-18, a proposed amendment to Ordinance 2.16.20 to expand the City-County fire services district to include three MCT districts. Commissioner Thatcher urged caution and questioned whether the allocation of fire-service costs is equitable, citing that Montana Resources paid “$935,000 plus” and Northwestern Energy paid about “$668,000,” and saying REC “pays zero” under the fire-services tax as he understood it. County Attorney Andrews read a Montana Supreme Court passage from the Coddle opinion on equal protection, noting that reasonably drawn classifications for property taxation can survive equal-protection review. After discussion, Commissioner Thatcher moved to hold Resolution 2026-18 in abeyance pending a public hearing on May 6; the motion passed.

The committee then introduced Resolution 2026-21, authorizing sale of lots 11–14 in the Transit Additions for community development. Commissioners pressed county staff for a site map and information about reclamation and developability. Director Frederickson and Director Hassler said the land-sales committee recommended proceeding and described the parcel as near Walkerville on remediated ARCO property and suitable for community development. The committee voted to move Resolution 2026-21 to final reading.

Commissioners considered Resolution 2026-22, which would continue a one-mill levy for economic development into the next budget cycle. Director Hassler explained that prior-year funds were carried over because they were not expended before the fiscal year ended, and that continuing resolution language would be required to budget the levy in fiscal 2026–27. The county attorney asked for time to review that item; the committee voted to hold Resolution 2026-22 in abeyance for further review.

Finally, the committee reviewed Council Bill 2026-01, an ordinance to amend Chapter 8.24 of the Butte-Silver Bow Municipal Code governing special events. Director Frederickson said the draft codifies two permit tracks (special-event permits for street closures or gatherings larger than 500 people and parks facility permits for smaller events), adds business-use language for commercial activity in parks, addresses guided tours in mine yards, and clarifies commercial photography/videography and sales or vendor activity at promotional events. He proposed reducing the parks application fee from $100 to $25 and removing a fixed $500 rate for the original mine yard (Anselmo) so the parks board can set fees according to demand; he said the goal is administrative clarity, not to restrict events. The committee voted to move the ordinance to second reading.

Votes at a glance • Resolution 2026-18 (fire services district boundary): Motion to hold in abeyance pending public hearing on May 6; motion passed (mover: Commissioner Thatcher). • Resolution 2026-21 (sale of lots 11–14, Transit Additions): Motion to move to final reading; motion passed (mover: Commissioner Thatcher). • Resolution 2026-22 (one-mill economic-development levy continuation): Motion to hold in abeyance for county-attorney review; motion passed. • Council Bill/Ordinance 2026-01 (special-events code amendments): Motion to move to second reading; motion passed.

Commissioner Thatcher framed the boundary discussion as a question of fairness, urging that "if we're going to talk about being equitable, this has to be looked at from other perspectives as well," and calling attention to the tax contributions of larger local companies. County Attorney Andrews cited the court language that "equal protection of the law is seldom, if ever, obtained" while explaining the legal standard for tax classifications. Director Frederickson summarized changes to the special-events regulations, including that "what I'm proposing in here is to drop that fee to $25" for parks applications and to allow the parks board discretion on larger venue fees.

The committee returned to Communication 2026-175 later and said it would reconvene after the Committee of the Whole to continue consideration. No final policy changes were adopted on the boundary or levy items at this meeting; both were held for additional review or public hearing.