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.

Saving Butte's Iconic Headframes and Mining History

This is a blogpost I wrote 2 years ago for our uptownbutteworks blog

The cutting torches were fired up. 2/3 of the chippy hoist at the Mountain Con was destroyed. The primary drive axle at the double-drum hoist was severed and all copper motor components taken. The ore bin at the Kelley Mine was partially dismantled. In the wake of the mine closure in the early 80's, Butte was being raped and robbed of its visible mining history.
John T. Shea, a retired ACM Ropeman (ironworker) that worked at mines all over the Butte hill, watched out his kitchen window as the Mountain Con was being ransacked. The headframes were next. The rallying cry was then sounded by John:
"You might cut down one headframe," he declared, "but you'll be hanging from the next."
As the local Historic Preservation Officer whose job it was to preserve resources, this destruction made me physically ill. I marched into the Mountain Con yard and, blood boiling, demanded proof of permission for this "salvage." They had none. A pile of molten, smoking metal lay beneath the severed 18" axle.
Without the passion of the residents of Butte and their willingness to fight for the history of their town, we would have nary a headframe gracing the hill. Perhaps only the Orphan Girl at the WMM. We would have no Original Mineyard for festivals and weddings, no intact Anselmo Mineyard. No Mountain Con towering over a beautiful park.
The main problem was that the National Historic Preservation Act (NHPA) was being ignored by those in control (BSB). Because not only was Butte historic, it was a National Historic Landmark that required even more Federal compliance than usual. This continues to be an issue to this very day.
Perseverance equals preservation. For 20 years I did my job as a BSB employee, which was insisting on governmental following of Federal regulation while up against politicos and their self-serving desires.
In the end that perseverance cost me my job, but it made preservation of our resources happen. Was it worth it? Yes. Every second. Because when I look up at the Butte Hill, I feel a sense of pride and accomplishment for a job well done. 5/2014

The resources that we have in Butte, that are now so beloved, almost did not survive. People have to understand that this is what VISION is. The process of saving resources and slowly turning them into parks and trails and venues takes years of planning and finding money. Those were, and remain my strengths. I am proud because Butte would not be the place it is without my hard work and perseverance in the face of a lot of negative adversity. 

Pissing in the Public Pool

Don't piss in the pool and tell me it is not yellow!

 And don't tell me that all public money, whatever the source, is NOT public money when it is directed into the pool!

 As with all of my Wednesdays, I enjoy attending the Council of Commissioners meetings to observe all the falderal that takes place with your/my/our tax money.

A half an hour prior to the Council meeting, I attended the Judiciary Committee. A brave citizen stood up at the Judiciary committee and spoke up regarding the $500,000 dollars pledged by Matt Vincent at a staged event in the BSB rotunda yesterday. He was instantly accused of “not understanding” the fund and its uses. But in fact, he understood more than the commissioners at the table.

 The $500,000 commitment was yet to be approved for expenditure by the Council of Commissioners. (Just “dropped in their laps” per their usual complaint). This non-approved pledge was being offered to reduce the cost to tax payers for the pool bond issue.

Vincent, the County Attorney and BSB Budget Director spent considerable time explaining to the Judiciary Committee that this public money was not really public money, it was 1980 money, from an ARCO tax settlement, so that this public money does not really count as public money! (where is the logic here?)  The pool seems to be getting warmer……

This money in the past has been used for critical public needs for such things as collateral to back bond issues, renovating the Courthouse elevator and a new boiler for the Civic Center. These were all critical needs that required public money.

 Let us travel back to this ARCO tax settlement that is in the public trust as public money. The use of a reserve fund to back a bond issue as collateral makes sense, but expending the money under the cover of water as a reduction to the tax payer should be difficult water to swallow, considering what it contains. BSB will always have bonds to back, grants to match and emergencies to address and all of these will take tax payer money to accomplish.

If the voters decide to vote for the pool bond for the construction of a summer use pool and wet-playground and its never-ending maintenance, the vote should stand entirely upon its own merits without any additional public money. If Community members and corporation wish to help with their generosity, I commend them.

 As for me I stand by my already stated opinion regarding the pool and highly recommend voting NO! on the pool bond issue. With the hopeful rejection of the bond for the pool I would recommend channeling all public generosity to the YMCA aquatics facility and its programs and develop a long-term public private partnership with the Y. There is plenty of room for a sun (skin-cancer) deck, splash pad and even a lazy river at a substantially reduced construction and maintenance cost for a facility that with a few additions fully meets the proposed Stodden pool.  The Y operates year-round, and can accommodate swimmers during inclement summer weather. It has excellent staff, established swim programs and in all honesty does not need any duplication.  The Y is a nonprofit that collects significant donations and does so many great things for the community besides the pool and programs within its walls. The Y is a proven entity that contributes greatly, with real dollars to our economy through its programs and staffing.  

This pool issue is being soiled by twisted truths and misinformation, coming from the person we are supposed to trust the most with our public money, grandstanding on a fund he has no right to use in this way. Do not be misled.   

The Economics of Festivals

Caesar! It is not all about the spectacle!

Various Roman emperors would put on exuberant spectacles in the Coliseum to entertain the populous when there was dissatisfaction within the Roman Senate. Our festivals have taken on this appearance as the years have rolled on. Everyone seems to love the festivals as an apparent free party; but as your parents would tell you "there is no free lunch." Someone is paying, but no one seems to have any idea how much.

There is no doubt that the summer festivals have had a positive benefit in promoting Butte and changing the minds of many Montanan's impression of Butte from a negative to a positive.

 The issue at hand is that these Festivals have a never-ending appetite for additional funding. Specific allocated public funds are never enough and these established organizations and groups ask for funding each year after year.

When the URA first established funding for events and festivals, their program requirements were set up with limits on the amount of funding with a requirement of a 20% reduction each year until the event was self-sustaining. This has not remotely happened. In fact the appetite for money has grown each year, dipping into such funds as economic development money that, in my opinion and by established guidelines, would be better utilized for new economic opportunities, not old established ones.

The “in-kind” donation of people hours and equipment by BSB is not free. Hours worked are logged in, salaries are paid, equipment used is charged against the BSB budget and fuel is utilized.  This in-kind donation by BSB is an actual cost.

In addition, our summer construction season is short, and equipment used for such critical needs as road construction are diverted to support the summer festivals. No one can dispute that our roads are NOT in premier shape.

 BSB equipment and man power should be utilized on basic public works projects. Required festival setup and construction should funded by the various event organizations that should be utilizing local contractors, labor and volunteers.

It was also quite amusing that one week before a certain festival last summer, the Head of Public Works declared “all potholes filled.” So, in essence, we would make the connection that all equipment being utilized, all day long, for a week before and after the festival, was not really needed for public works. Ok……….

There is always a lot of talk about the economic impact of the festivals, estimates of visitation and the amount of money brought into the economy. It is difficult to believe that some of the reports are valid considering that virtually all of the vendors are from out of town, whether they be food vendors or out of town crafts persons. The vendors pay fees that support the festival and the profit goes to the out of towner. Local motels see a spike in overnight stays but not dramatically. Visitors often come for one day and are from a 200 mile radius.

 I can tell you from experience in owning a gift shop business in the heart of Uptown on the corner of Montana and Park Street that our worst summer days were during festivals. We might as well have closed our doors and simply enjoyed the event.

Public comments were “Well, you must have raked it in during the festival with all those people in town!” Um… no. It is an urban legend for retailers that the festivals line their pockets. Ask any retail business in Uptown Butte during the festivals if business is great during the festivals, virtually all will say no.

 Some restaurants and bars have indicated good paydays, but not extraordinary. Festival goers are buying over-priced funnel cakes and other food and buying crafts from various artisans; the last thing a sun burned festival goer is going to do is shop local. Uptown merchants work and pay taxes for 365 days of the years vs. the limited days of the festivals.

Our sporting events and various tournaments have significant impacts to the local economy that are tracked quite accurately. Families purchase meals, stay in hotels and visit attractions.

This same type of accurate tracking should be applied to the various festivals. Some Festivals have paid staff, others are all volunteer and others are set up to make money. Some festivals receive significant amounts of public support and money and other very little. Some festivals are virtually self sufficient while others are always requesting more money.

The point here is that all festivals should become self-sustaining and that all of these events should be treated with a formula of equality based upon the positive and proven economic benefit to the community.

I am not advocating ending public funding or support of festivals, but I am advocating for the careful evaluation of their true impacts and costs to the tax payer. I have specifically not called out any particular event or festival on purpose, because the formula to evaluate their benefit has yet to be developed.  The evaluation of each festival can be undertaken in a fair and impartial manner. It will certainly not be a major crisis if a festival has to be slightly downsized, location adjusted or its schedule and programs revised. Fair is fair and local taxes should certainly benefit local citizens and business because basically the free festivals are actually being paid for with your money.

There is no better history of a "Free Festival" becoming a financial suckhole than "Burning Man."  You might want to check it out.

Gagging on Government Ga Ga

A Taste of Vomit!

I just threw-up in my mouth a little bit with the announcement of putting a sign proclaiming "Welcome to Butte - (& Anaconda) National Historic Landmark" (District) on the site of 2 previously viable historic buildings that were demolished by BSB at taxpayer expense. The irony made my stomach churn and urp-up at the misdirection of our current local Administration.

It has once again been acknowledged in the Montana Standard that: "The commissioners voted to pursue two other options before settling on that plan, which Chief Executive Matt Vincent's team had suggested from the get-go". That plan being: "The corner is among the busiest in Butte, and Community Development Director Karen Byrnes has said a green gateway would be pleasing image to both residents and tourists visiting Uptown."

This "get-go" plan confirms that prior to the demolition of the Brincks & Deluxe (Bennett Blocks 1 &2) plans for placing a green gateway were understood by the Vincent Administration. This pre-planning is known as "Anticipatory Demolition,” a clear violation of Federal Law under the National Historic Preservation Act within a National Historic Landmark District.

BSB applied for and received Federal Highway funds know as CTEP (Community Transportation Enhancement Program) for the "Green Gateway" at the Front & Utah project. All Federal funded projects must comply with all Federal laws from clean water & air "Acts" to Historic Preservation requirements. The pre-planned gateway and "Demolition" should have mandated a required process under the National Historic Preservation Act known as "Section 106" of that Act; this 106 process was not conducted. The current expenditure of federal "Highway Enhancement" funds is in violation of the National Historic Preservation Act. BSB is obligated to be in compliance with Federal Historic Preservation Laws as a "Certified Local Government" that receives Federal money for it local preservation program.

I simply Can't say anything more because of the bad taste in my mouth, don't you just hate that when it happens? Gagging on Government Ga Ga

A Dog Gone Failure

There was a lot of fanfare about Butte's first dog park. Too bad the provisions provided for dogs are a total failure. At least, that was the consensus of the 20 plus people that attended the first of many community council dog meetings held at racetrack fire hall.

If you have not used the new dog park at Skyline Park (behind NCAT) you should make an attempt. The dog pens are 1/4 mile away from the parking lot, for a 1/2 mile round trip. This may be fine for a person that wants exercise but for people with limited mobility and older citizens, this is a problem. 

The route is not paved all the way so it is not ADA accessible. Once you get to the pens you find a barren waste land of gravel, weeds and broken glass - not the kind of interactive place for dog owners to meet and socialize their dogs. Dog owners tried to participate in the design but were ignored during the process.

The first, most obvious flaw with the design is that dogs pee and poop when they get out of a car. Why would you put a children's playground immediately next to the parking lot shared by both the dog owners and others utilizing the park? There should be a separate parking area for people with dogs that would eliminate any conflict between users.

There is a whole list of improvements that could actually make this a usable park for dogs, their owners and other uses - but that is a long list!

It has been announced by BSB that this was Butte's first dog park and they are learning a lot and are thinking about changes. Too little, too late!! There are plenty of examples around the state and in other communities that could have been looked at.

But most importantly, and most left out of the process, were Butte’s own dog owners. If this group would have been brought together and listened to, the solution to a quality design would have been obvious.

A dog park should be just that: a park. A place for people and pets to be 

Not a Student in Sight

Where were the Tech Students and their bicycles?

Wednesday night's council meeting was inspiring with many new faces attending to show their support of improving Park Street; but with most questioning the need for a central landscaped median and the reduction from 4 lanes to 2 lanes.

What was noticeable, was that there were ZERO Tech students in attendance as well as any representatives of Montana Tech. I am assuming that their input has been addressed in private meetings and that they did not have to attend public meetings.

My strong opinion is "Let's keep W. Park Street 4 lanes and put the pedestrians and bicycles on the adjacent and safe streets of Galena and Broadway!"

The presentation by BSB Staff and further statements by Planning Director Jon Sesso noted that the preliminary traffic count for Park Street did not justify 4 lanes of traffic capacity. By only utilizing traffic count as a planning formula, the true nature of the roadway is not fully considered.

The full capacity of 4 lanes is required by the nature of morning "going to work travel" and student travel when classes let out and students are going to class. Sporting and other events at Tech fill Park Street when they let out. By only utilizing a total count, without consideration of the hours of the day and events, the formula is dangerously flawed.

It snuck out during the presentation that the program of 2 lanes, landscaped median, bike lanes and landscaped "parkletts" is what has already been presented to the Montana Department of Transportation as the requirements for the street design!  

Time is close to running out to change the direction of this project and provide substantive input. Please submit your communitarian letter that supports your opinion to the council- whatever that may be. Your public participation and involvement is commendable.  

W. Park Street Magical Mystery People Mover

Slow it down on W. Park Street?

It's apparently summer 12 months of the year here in Butte, MT!

I did not know that Park Street was located south of the Mason-Dixon Line in a slow paced southern clime where it does not snow and you relax on a "Parklet" bench to the sounds of the steady clip-clop of a horse pulling a surrey with fringe on top.

Come on everyone! The 4 lanes of Park Street are a vital and efficient corridor that moves our community safely to and from the West Side and Montana Tech. Going to 2 lanes with bike lanes is simply asking for a student late for class to zip around a slower car using the bike lane. The assumption that bike lanes should be placed on a primary automobile route is another misguided makeover.  

Let us not forget that it snows in Butte MT. Yes it snows and this is a primary route for motorists. It is being proposed that a landscaped median be introduced. This misguided make-over interferes with snow removal. During the winter snows this central area is allocated to windrows of snow for pick-up, which effectively turns Park Street into 2 lanes anyway. Piling snow on the median with planted shrubs will certainly kill the landscaping. During our short months of summer the landscaping will be baked dry by the asphalt and require significant water.

Left turning lanes with "Bike Boxes" are proposed. We already have left turn lanes: they are called the left lane of a 4 lane road. Arrows and signage work for this in conjunction with other improvements providing the turning lanes. Again, placing bikes on a major road artery is misguided and dangerous. The proper location for bikes is to share the road on the 2 adjacent residential streets of Broadway and Galena.  These are residential streets where the inhabitants want traffic to travel slowly. Grades are appropriate and speed limits and signage and road markers work to share the road.

There is all this talk of slowing down and enjoying the drive. I don't know about you but my life is limited on time and having a clear efficient route is important in my day to day rounds. If people are speeding, is this not an enforcement issue? At tech there is a radar sign that indicates your speed, lots of ways to control speed instead of blocking an effective 4 lane primary route.

A computer generated town was presented in the paper. It is obviously somewhere in the Southern United States and is given as an idealized example. The town has no hills and obviously no snow. This computer-aided BS (yes, bullshit) shows an imagined business district - what is significantly wrong with this depiction is that West Park Street is in actuality a street lined with residences. Only a small scattering of businesses exist and imposing additional business only reduces the impressive quality of historic homes.

There is a convenience store (our neighborhood grocery store), a pasty shop, Laundromat, a restaurant, pizza parlor/bar, and a doctor's office. These current businesses serve the corridor well and introducing additional competition will not assist in their survival.  

The closest real business area is east of Idaho Street on Park Street. That is where improvement efforts for business should be made and should have been being made for decades. The core of the Uptown is effectively only 8 blocks away. Let's not make a residential area with historic homes into something that it is not!

There is a place for the concept of traffic slowing with a reduction of two lanes and bump-out landscaping. In fact, I worked extensively with Bob Poor's efforts to place the Tech Arch and make the trail crossing safer for pedestrians. The bottom of the hill up to tech is the logical place to slow things down, but not before that.

So where is the ideal place for all the proposed improvements? Those visionary improvements should be concentrated at Montana Tech; from Marcus Daily statue to the west through campus. Reduce the width of asphalt, widen sidewalks, provide seating, install bike lanes and bike racks, and insert little landscaped "parklets". On street loading/unloading zones for delivery of goods as well as pick-up and drop-off of students. These type of improvements work well within the reduced speed limits of Montana Tech. The central landscaped median would work well here in slowing down traffic and as a central protected area for pedestrians. With minimum modifications a turn-a-round Marcus' statue can serve as a drop-off that would limit a drive through of campus when classes change.

So what about the remainder of Park Street? There is MDOT funding available! Where I believe the effort should be made is to enhance pedestrian safety in conjunction with repaving the street. The concept of handicap accessible bump-outs is valid at all intersections along Park Street. Instead of a lot of landscaping in the bump-outs some hard-scape such as historic cobble stones, iron work and some (pedestrian protective) flower-planters would enhance the corridor. Historically appropriate lighting at the intersections with cross walk use signals would also be appropriate. Existing street lighting can be enhanced, with historic inspired light heads with light cut-off to limit glare into homes. Historically detailed decorative banner mounts can be added to light poles for the mounting of semi-permanent tech banners that can also be lighted to indicate the desired Tech corridor.

So I have called out recommendation in words, but these out of town consultants know what they are doing - right? Remember the $280/hour concept of reverse angle parking? The professional who didn’t even know it snowed here?

 Who do you think you are some sort of professional designer? Well I have 35 years of experience in understanding of the Historic District and yes I am a profession designer, a licensed Architect in the State of Montana.

 So I will be doing what Architects do - which is putting my concepts and recommendation on paper and sharing them with others and participating in the upcoming public meetings. 

Vacuous Truth and the Vacant Building Ordinance

Dailykos.com on Vacuous Truth:

“Often we can start with a false statement and prove anything we like, if we know how to pull the right implication from the initial falsehood.”

A new ordinance was just passed that reduces your personal property rights! It will be selectively enforced (as most ordinances are by BSB) and used to target specific people.

This new ordinance is the vacant building registry. The great thing about this passage is that the first issuance of a violation notice will have to go to Butte-Silver Bow. Community Enrichment will be handing the notice to Chief Executive Vincent for 8 vacant buildings at the Anselmo Mineyard. These Nationally significant historic structures do in fact fully meet the violation provisions for registry of vacant buildings in this new ordinance.

The registration fee will be $25/year for each vacant building. With these 8 vacant buildings the registration cost for BSB will be $200. If BSB fails to register these buildings, a $500 per building violation fee will be charged, for a total of $4,000 per the ordinance.

With the registry BSB will have to submit written requirements to Community Enrichment of their plans and timetable for the care and closure of each of these structures. These closures will have to meet the Secretary of the Interior Standards per BSB requirements of the use of public funds and as a Certified Local Government that is established as a federally established program.

Of course, this would be an example of BSB not having its own house in order before writing an ordinance for the sole purpose of being able to bully their way onto citizen’s private property and make an uninformed and uneducated judgement call against their building.

As the local expert on Butte buildings I can tell you this: there is no one on BSB staff that is qualified to make these judgement calls. But they will be made anyway, and enforced with vigor.

It is a sad state of affairs that our local government works against its own citizens who take pride in owning their historic properties and make investment in them as they can afford to. 

WHY the Heck I'm running!

The French De-connection

I have been questioned a lot since I announced my candidacy for Chief Executive. Why am I getting back into government? (I never really left), when or why did you decide? Well…..I decided 2 ½ years ago. I will explain WHY in this post.

My wife and I were major supporters of Matt Vincent in 2012, as we felt there would be a major change in management, procedures and openness in local government based on Matt’s campaign platform. We used our Uptown Works storefront for months to show our support, and eagerly discussed this choice with the many residents that came into our shop. Because of my background in local government, people regularly sought me out for discussion.

Soon into the new administration I was asked by the Executive Director of the Butte Silver Bow Arts Foundation (BSBAF) to accompany her to a meeting with Chief Executive VIncent. My involvement with the Chateau spanned over 3 decades during which time I was a long-time Board Member, one-term VP, and donated much time, money and physical labor. I understood the struggles as well as the community-steeped history of the BSBAF-Chateau connection.

It was not apparent to me at that meeting that Matt had other plans for the Chateau. It was a slow dawning. Because I could not believe that anyone would divisively and intentionally sever these 4 decades-long ties without doing everything in their power to make it work.

It was agreed that the BSBAF was spread too thin, and that the focus had moved from its original focus of the Chateau to include the YMCA and Venus Rising Coffee shop. And this was a situation the Executive Director stepped into, not one she created.

As certain people in the arts community tried to be elected, unsuccessfully, to the board, my wife and I were invited to join. My wife was soon named President, a position she took very seriously. We agreed as a group to downsize and focus back on the Chateau. We worked closely with BSB, keeping them informed, filling out requested paperwork, etc. We were working with Cinda Holt of the Montana Arts Council to reorganize our business plan. We planned to close the doors for 6 months, reorganize, and reopen with a new mission statement and business focus. The sale of the YMCA was in process and everything was right on track. Per the Chief Executive’s directives.

However, the one thing we could not accomplish on the Chief Executive’s checklist was removing the Executive Director from her position.

So, in the eleventh hour and with no warning, Chief Executive Vincent pulled the lease on the BSBAF and locked the Chateau doors. The 4 decades-old Foundation that had supported the Chateau's care and rehabilitation with the Butte Heritage Cook Book was basically cut off at the knees.

The tragedy of this loss of partnership is that many Butte families, with deep roots, donated precious family heirlooms to the Foundation with the understanding they would be safe at the Chateau in perpetuity. In essence, they became a museum pieces of Butte’s legacy. By giving the BSBAF 30 days to remove all their belongings from the Chateau, BSB effectively sank a priceless ship and weakened a community-supported arts foundation that had existed and serviced the Butte community for 40 years, successfully.

This chain of events was a huge harbinger for me of the future of this administration. Favoritism, targeting, aggressive enforcement of personal decisions, destroying local history. Everything local government should not do. It should have been the opposite: Doing whatever was necessary to support and ensure success of the BSBAF/Chateau partnership. Working WITH the people rather than AGAINST them. 

It was an easy decision to make 2 ½ years ago to run for Chief Executive, to sell our business uptown, and turn my focus back to the people I had served for over 21 years. People that still call me and ask what has happened to their family heirlooms.

I do not agree with Matt Vincent’s policies. This does not mean I don’t like him. He is a fine family man, has a great sense of humor, and I even shared an office with him for a while at BSB.

I feel he has done a huge disservice to Butte by dissolving the partnership with the BSBAF and the Chateau. And yes, great things are happening at the Chateau now, but that is not the point of why I am running.

My Fault, Your Fault, Asphalt

 The Gilman site for the new City-County Shops is not quite in my back yard, but close. My preference would have been the Mansfield Technology Park for the County Shops and the Asphalt Batch Plant, but that is over and done with.

There is though, a new matter that does need immediate public input and participation. The moving of the asphalt batch plant. I do not understand why it is so difficult to put together citizen groups and hold public meetings to look at this next big issue that is coming the community’s way.

 When the question is asked: “What about the batch plant?” - it is all “hush! hush! That is not on the table! That is not part of this discussion".... bla bla government Ga Ga!

The string on the bag that holds the cat was loosened a bit at Wednesday's (2/3) Council of Commissioners meeting - the Centennial Concrete site (that has the animal shelter on an isolated property island within the acreage) was also in the running for shop selection and could have been purchased as a site for shop relocation, but was not a finalist.

 What was quietly stated at the meeting was that Centennial Concrete site is M-2 industrial, and that current designation is zoned heavy industrial and can contain the asphalt batch plant. This site is immediately east of "Gilman". This adjacency could be beneficial in the consolidation of City-county equipment and services or could be a disaster.

What is “community planning?” It is looking at all the issues, collecting public comments, and defining the problem to be solved. So for the best solution to the batch plant location we should get started now. It is obvious that we need to get the batch plant out of the Silver Bow Creek corridor, see what opportunities exist and what historic smelter resources can be interpreted and what historic structures need to be removed or modified to protect the environment.

 If the County Shop relocation and the Batch Plant was a comprehensive professional community planning effort, it would include the many issues of the creek corridor.  The comprehensive plan would include the "Restore Our Creek" visioning, the landscaped look of a clean Montana Pole site, and a vision for and realized opportunities of Silver Bow Creek west of Montana Street (LAO). Comprehensive planning would also consider the design of Centennial Avenue and the potential opportunities of improving grouped BSB facilities that are adjacent to metro sewer.

The Centennial Concrete site brings to mind a famous individual in 1917 that dared to speak his mind and ended up swinging by his neck from a small railroad trestle with a note pinned on his chest, when this acreage was the Centennial Brewery. Remnants of the wood trestle (the west "Y" rail switch back) may still remain buried under railroad ballast. It is likely good that this makeshift gallows is no longer exposed so it can't be utilized if someone dares to voice their opinion for the benefit of the citizenry.

So let us open up the discussion to the public, utilize professional planning and architectural services in the design with less reliance on powder dry engineering design.  Make sure that all environmental and visual issues are addressed along with other buffering amenities that are introduced to lessen impacts to the neighborhoods.

What might come of this is a fully landscaped buffered County Shops, batch plant and a new modern animal shelter with a quality dog park, a shelter where all animals are adopted. Now that is a vision and not a lot of Ga GA!