The Problem of Vacant Knowledge

There are significant problems with the proposed Vacant Building Ordinance. This stems from the “cut and paste” efforts of writing an ordinance that has been recommended by an out-of-town consulting organization.  It does NOT address the needs to define the provisions that are much more specific to the City-County of Butte-Silver Bow.

How the ordinance will be enforced consistently, evenly applied and fairly administered is the first big issue. And every resident of this county should be concerned.  BSB constantly complains that it does not have enough staff to deal with public issues. Most enforcement takes place with complaints from feuding neighbors then on a political level of targeted punishment. Certain citizens will and have been be targeted (and yes I speak from experience. Many violations I am happy to make public).  Citizens especially are targeted when they speak up in this community about a difference of opinion from BSB’s.

Despite this, it is ever more important for people need to speak up. For example, the initial drafts of this ordinance included clear violation of the 4^th Amendment of the US Constitution – regarding unwarranted search of property. Pointing this out loudly and publicly has had it removed from the revised document.

 Now we get to the 14^th amendment “due-process,” clause where there is a severe lack of any form of appeal. (You have no way to fight this violation). Violations go straight to the court system immediately with a citation ticket.

There is always the talk of “that is not our intent – we work with people.” If that was the case there would be a Citizen Appeal Board that you could discuss your circumstances with, not talking to an enforcement officer with an attitude.

Who enforces the ordinance is absolutely not defined WHATSOEVER. Per the ordinance definition, enforcement can be anyone designated by the Chief Executive – looks like the librarian, fire-department, clerks, etc, can be out posting notices.  So you think this is absurd ? I am trying to make a point.

Current enforcement of Community Enrichment Violation is all over the board and not consolidated into a clean flowchart process as it should be. Violations are issued using out dated forms, are referenced to various departments and procedures. It is simply not clear.  Any citizen sent a notice by Community Enrichment will have to allocate a considerable amount of time to clear up issues with various departments, personnel and the courts. How is this FAIR for every single citizen of this county? It is not.

The qualifications of who is evaluating a condition of property (the most IMPORTANT part) are not clearly defined. It is clear that “posting” of a dangerous building is by the BSB Building Inspector but then it is tossed to any other department, primarily Community Enrichment. 

Now, this ordinance is apparently giving even more power to Community Enrichment, a department that is growing into a proverbial monster. Add the Health Department to this and the court system and things become confused. A clear flow chart of this issuance of notices, by whom and what applies is not stated in the ordnance. Again there is a total lack of any appeal process!

Let’s take some time and clearly define requirements and enforcement of the real intent of this ordinance and get the horse in the correct position before the cart. Out of the mouths of Commissioners (3 running for Chief Exec) it has been stated that most of Uptown is owned by out-of-towners/staters, and that this is the problematic vacant building area. It was a challenge by the Council of Commissioners to confirm this by going to the web and clicking on Montana Cadastral Mapping – you can do this yourself – it is not 50% of property in the uptown!

So BSB has one of the most advanced computer mapping systems (GIS) and it’s high time to make the ownership map first before making such untrue public statements. Are the out of town “ownership” properties the ones causing the problems? – Enter those in the computer – then those become colors on the map. If it is so difficult to find the persons that own problem property that clear path of contact needs to time and time again that most of Uptown is owned by out-of-towners - 50% of all uptown properties are owned by out of state/town persons be established - should this not the first priority in finding these contacts prior to passing an ordinance that is applied to our ALL local citizens?  Seems kind of like a county-wide punishment.The map and data base need to be produced first, the facts collected so the problem can be defined and then the solution formulated a solution that is specific to the realities of Butte Montana.

Let us give BSB citizens some assistance, instead of violation notices. Understand that many homeowners are working on their properties with limited funds and time. Take some time to define the real problem and design solutions that are specific to Butte Montana and not some out of town consultants.

And I hope you can now understand WHY and HOW this ordinance targets Uptown, despite encompassing the entire county. 

Demolish the Barriers to Procedural Matters

The issues between the neighbors on Woolman Street regarding the demolition only escalated because of a lack of written and comprehensive procedures clearly called out in black and white.

Principle #5 of my campaign is: GOVERNMENT HOUSE IN ORDER - Butte-Silver Bow must take care of their own house first. Procedures, information, departments must all have their own housekeeping in order. Disjointed efforts need to be consolidated into one-stop shopping for Butte citizens in providing services to assist their efforts.

The situation with the Woolman demolition and concerns between the two neighbors would have been diminished if the requirements for demolitions - including bonding, insurance and procedures - were clear to all concerned.

A detailed form to be filled out that fully covers the applicant's intent is a priority. This would spell out the execution of the work, mapping requirements, listing of qualified personnel, etc. This document would become the internal document "ONE STOP SHOP" that would be sent internally through BSB for various department review. Now, the applicant goes department to department for disjointed information.

Once reviewed. the document would be made available to the public for review and comment.

Had this been done, the adjacent property owner would have been allowed proper time to ask questions and get any assurances needed.

Clearly stated steps such as these, and adequate periods to review and comment, are STANDARD in procedures of basic State and Federal government.

This unfortunate situation was made a preservation folly by the press, when demolition was never the issue. It was the concerns of the neighbor for his property, which were ignored by BSB. All sides in such a situation need to be in agreement and respect each other. This did not remotely happen, and this needs to change.

How to write a COMMUNICATION

There's been a lot of talk on social media lately about the confusion Uptown regarding intersections, lights, bike lanes, old lanes, new lanes, etc. The bottom line is that people are not feeling SAFE Uptown due to these issues. And they are unsure who to turn to.

This roadblock of who to call is not new, and it is an issue I am addressing in my campaign:

ACCESSIBILITY - Removing the barriers to the public's ability to understand and participate in local government decisions and community direction.

The best way and PROPER way to a request or complaint heard and acted upon is through your representative, who is your commissioner. You might think calling the courthouse will get issues addressed, but it will not. You might see some action, but no resolution.

The proper course of action should be from the citizen (you), through your commissioner,and through the entire council of commissioners with the Chief Executive addressing your concern through his/her staff. The reality is currently the REVERSE of this - Chief Executive down.

A phone call to your commissioner is basically just a complaint that will never be heard anywhere. To give your commissioner power to be heard, write a COMMUNICATION to the council of commissioners.
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EXAMPLE:

Chief Executive Vincent and the honorable members of the Butte-Silver Bow Council of Commissioners:

Date / / 2016

RE: (Your Issue - i.e. intersections) - A Communication to be read and acted upon

I have a significant issue/question regarding..........................................

I am requesting that this issue be addressed..............................................

Please provide me with all information regarding this issue - emails, regulations, decisions, etc.......

Please provide me with a written response in regards to the action(s) that are being, or have been taken. Please inform me of any meetings or requirements in regards to this matter and any formal action I must take.

Sincerely,

Butte resident
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This letter needs to be turned in by Friday at 2pm in order to be on Wednesday's agenda.

This is how government is supposed to work. Your issues should be addressed in a timely and professional manner. After all, this is YOUR government, your taxpayer money at work.

I know it is daunting, but it doesn't need to be and that is my goal.

Y not look at other options?

Half the price and just as nice!

For just a moment let us all consider an alternative to the current Administration's pool concept at Stodden Park. An alternate facility that is more practical and closer than you think: several hundred yards away from Stodden Park is a competitive 25 yard lap pool. A zero-depth leisure pool with water side and even a huge hot tub. Room for a "Lazy River" and a sun decks, one with a Splash Pad and interactive water features and water blasters – All this can be viewed from cabanas and outdoor lounge seating. How did this opportunity get overlooked? It is simply too good to be true!

No, it is simple, it is Butte YMCA, a year round facility. And with a little help and construction can be just as nice at half the price.

(Please note that this is my opinion as a candidate for Chief Executive of BSB and as a long time supporter of the YMCA when it was Uptown and with its move. This opinion was not solicited from the YMCA and is entirely my own.)

So the currently proposed bond issue for Stodden Pool was reduced down from 8.7 million to the 7.2 million with some smoke and mirrors. Now let us round that figure to 7 million. Cut that in half for 3.5 million. Per BSB's own estimate the "bells and whistles" cost 1.5 million. Take that 1.5 million and build the Lazy river (life guard required), splash pad and sun decks. By building a splash pad (no life guard needed) instead of a shallow pool. Keep the Y based price at $1.5 conservatively. That leaves 2 million dollars, that would be a really good start for providing an addition to the YMCA construction for 2 basketball courts/gyms with an indoor running track. Frame up a basic shell for Administrative area (office/daycare and outdoor play) and free up more program space while finishing off some available areas.

Let's talk staffing.  As a former life guard, I know the the proposed conceptual design for Stodden Park is very difficult to staff. Hidden areas in and around the interactive play equipment in a shallow pool will be a problem to effectively staff. I estimate that 12 lifeguards minimum will be required to cover the proposed concept, more than twice required to staff the expanded YMCA facility.

Let's now go to yearly maintenance, year after year. The tax payer fee to support a summer-only facility is $350,000 annually. The YMCA manages to support its swim programs and facility with extensive efforts in donation fund raising and membership support. Remember that no one is ever denied at the Y with an inability to pay! How is BSB going to determine economic need when they are dependent on upon reduced entry fees, cabana rentals and sugar rich concessions? Currently the YMCA gets $40,000 annually from BSB to cover only a small portion of what it  is providing  for BSB citizens. So let's drop off $300,000 from the Stodden Pool and be generous with an additional $10,000 for $50,000 pubic support to the YMCA.

Let's now do a math problem - I thought there would be no math? 1.5 million for all the interactive water features, "lazy river,” sun decks and all that, + 2 million for substantial improvement to the YMCA - that equals 3.5 million. Thank our corporate and private citizens, once again, for generous donation by Town Pump and others that should get to a 1 million dollars donated to a 501-C-3 not-for-profit. With 501-C-3s the donors can actually avail themselves to a tax deduction.

 Am I missing something? I am double checking my math........... that???? ....## % & ***--- @ += so with donations that comes out to be 2.5 million? That means the citizens of Butte could vote on a considerably reduced bond issue at an existing year-round facility that manages to provide for its operation and maintenance and staffing. Why not just add back the 1 million dollars; $500,000 here and $500,000 their; that is back to 3.5 million bond with a $50,000 annual operation levy.

So reducing an 8.7 million dollar bond issue by 1.5 million to a $7.2 million bond with $350,000 annually does not look as good as 3.5 million and $50,000 annually.   Half the price and just as nice! & a little less.

I am a professional local Architect that has always been tasked with the prudent use of public funds with public projects that have a limited budget. Please tell me if I am wrong, from my aerial view from above my 3.5 million concept looks better than the "pie in the sky" 7.2 million plan.   

Butte Hill Oobleck

 Oobleck - does best describe the piles of "uncontained" melting snow piles around Butte.

Dr. Seuss (Theodor Geisel) in his book "Bartholomew and the Oobleck" describes a disgusting mess of an additional seasonal precipitation - requested by the King for a change of visual scenery - I believe we have achieved some quality Butte Oobleck!

So in several recent Ga Ga Blogs I have called for better snow removal. If you are going to pick up and dispose of snow it has to go somewhere, correct? Some cities have massive machines that melt the snow as it is dumped in, not practical nor cost effective here in the Mountain West. So we pick it up and dump, but not at the top of Mount Crumpit (another Seuss book).

The problem, as I see it, is that these dump locations are not specifically designated nor designed for this purpose. Have you seen these piles of Snow? The melting piles are black, full of gravel, sand, trash, dog excrement, oil, road chemicals, heavy metals mine-waste and various dead things - Oobleck indeed.

 If our community is so worried about environmental issues, issues that include storm-water-run-off, these piles of Oobleck are just that: storm-water runoff when they melt, plus an assortment of "Shuffle Duffle Muzzle Muff" to quote Seuss.

The hero of the book is Bartholomew Cubbins, a young boy who makes the King say "Sorry" for not fully thinking out the consequences of his Oobleck decision. So let's get going on some good old planning efforts, take out the map, see what BSB owns, draw in some radiuses and designate specific areas.

Our environmental efforts talk about how wonderful our Superfund settling ponds are. Well we need some constructed depressed areas for our frozen snow to melt off, that contains the Oobleckian debris to be separated, cleaned-out and the melted H2O to be filtered prior to being released into our creek and shared with everyone else in the Columbia River Basin.  

I have always loved the wisdom of Seuss as he is able to put complicated issues into words and pictures, concepts that a child and even an adult can understand.

Let's get Plowed!

"Frozen" "let it snow - let it snow" Let it --- gooooooooo away!

As children are still singing the theme to the animated Disney movie let us not forget what our snow covered roads were like recently ......... I swear I saw Elsa in her blue dress and a little snowman pushing out a stuck car this January.

The snow plowing and removal issue is not simply an inconvenience, it is a significant economic development issue as well as a public safety issue!

Butte is not a rich town with many struggling paycheck to paycheck. Chastising a working citizen for not having a 4 x 4 truck with big knobby tires is no way to encourage the working public. When a citizen is working 3 part-time jobs and misses work and gets fired because they are stuck or can't navigate the roads - the snow-laden roads are a direct detractor to the Butte Economy.

As for public safety - the lack of more extensive snow plowing is a critical issue that has threatened human safety and property. On Galena Street this winter the fire department was limited on being able to effectively access an apartment fire. Snow plows had to be brought in order to fully reach the burning building, resulting in precious time wasted, impacting human and structure survival.

" So what is your solution Mr. Chief Executive candidate?" The solution seems obvious to me with public safety being the critical factor. I believe that all paid and volunteer fire departments should be budgeted to purchase 4 wheel drive trucks equipped with snowplows. I am not talking about brand new shiny trucks, but used 4x4s in good condition. These plows would be able to clear the areas in-front of each station as well as make their rounds clearing additional road paths that are not on Butte's primary and secondary snow removal routes. This small fleet of used 4x4s would also be tasked with uncovering Butte's snow covered fire-hydrants, a critical issue in effective firefighting; can't fight the fire is you can't find the hydrant.

It might be nice next winter to give Elsa and Olaf a helping hand. I can see a fleet of bright blue trucks with "Frozen" Disney (with permission) character faces and names on their side doors - Go Olaf - go! "Let's it get Plowed"   

An Historic Erection

BSB Master Gardener Norm DeNeal's Lexington Gardens, a huge local and tourist draw in Uptown Butte.

It's time for an historic erection!...... The Alta headframe deserves one!

The only reason the Alta headframe is seeing any traction at this time is because it was run over with multiple tread-marks while being desecrated during Evel Knievel Days. No one has identified the 3 "Mopes" that grabbed the timbers to build a motorcycle obstacles course in the Original Mineyard; but it is a fact that Chief Executive Matt Vincent allowed them to remain in place and be damaged after it was adamantly demanded that they be put back and protected prior to the Knievel event.

Yes, many of the timbers are old but others were manufactured at great expense as replacement members so that the Alta could be erected per agreements between the Federal Agency BLM and BSB.

There were many people, including myself, appalled by the desecration and mistreatment of the Federally owned and loaned frame as a dirt-bike obstacle course.

 As always, BSB assured all those angered that BSB would make the situation right. After years of waiting, Norm DeNeal would finally get to erect this headframe – after the damage was covered up and repaired. This promise was basically to keep this incident quiet.

But in typical non-transparent BSB fashion they let the dirt-bike dust settle with nothing in writing. – Oh. I finally get it after 3 years. "Transparency" means that all promises are written in disappearing ink. Now it was time to pay the piper and nobody wanted to.

The tragedy of all of this is that Norm is now having to jump through burning hoops in order to make this “promise” happen. (Read: BSB agrees but sets impossible requirements)

 Norm, a BSB contract employee, is required to get zoning approval and provide insurance for the Alta headframe. Um…..what? 

The Lexington Gardens spot. Norm's vision for a garden.

It is great to see that my Hero Norm finally got the attention he deserves in pursuing another of his projects. Think about what Butte would look like without him; Norm's pursuits of enhancing our environment and remembering and interpreting our mining history must be commended and BSB should, as they did in the beginning, provide all necessary assistance.

The Washington School site (owned by BSB) with the Lexington Gardens features a Columbia Gardens inspired Butterfly. The Lex Gardens also features a depression era headframe (the Silversmith) saved from Walkerville along with a Stamp-mill from Pony, MT that likely first saw service in Butte and more than likely at the garden site itself. Norm has made it clear in his interpretation that these are interpretive features, though per the US Department of the Interior May-not technically qualify as "Historic" by being moved.

The Lexington Gardens taking shape with non-original features

I understand that some preservationists are adamantly opposed to placing a relocated headframe in the historic district that may or may not technically be historic. But let's face the reality of Buttes Headfames, they were moved, replaced and set up again at other locations -  with examples of this being the Anselmo frame (originally located further up on the hill), the Parrot and the smaller adjacent frame at the Kelley. So what is technically historic and carved in stone is the actual shaft location, with the location being acknowledged (that being the "Clear Grit" silver mine) and interpreted by installing signage that calls out the Silver Mining Era of Montana.  Drive by signage, similar to that at our other mines, will acknowledge the technical distinction of the ALTA @ the Clear Grit.

So travel up Main Street and look at the location, also look at what Norm has done with his Aspen Forest (nearby) that he has created to enhance our environment. Swing by the Lexington Gardens and talk to him as he cleans up in preparation of the blooms of spring and thank him for the displays at the Pit entry.

BSB should not be hindering Norm, they should be assisting him aggressively by providing man power, equipment, funding, zoning approval and insurance coverage. Norm is virtually a one-man-show, and he is aging. It will take a small army to replace what he does for this community.

 The time is now to rally around Norm, create a new group of volunteers to help with the Alta and carry on with his efforts. If Norm goes to the Great Garden in the Sky sooner than any of us want, we best be prepared.

Face it, we are all getting older and we need a little help, as John Wayne got older in his move career. It is going to take some "True Grit" - Butte needs to muster some "Grit" and do the right thing at the Clear Grit.

As far as using ANY historic resources for destructive events, well, that’s for another blog post.