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HomeMy WebLinkAbout11-28-23 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Consent F.1 Accounts Payable Claims Review and Approval (Waters) F.2 The Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract Extension (Amended Contract MT-BSTF-1-23-20A) and Grant Award Increase for Bridger Photonics, Inc., authorize the City manager, or their designee, to execute additional documents required to facilitate and manage the amended BSTF contract(s), and authorize THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, November 28, 2023 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. 1 increased budget authority from the original grant award amount of $150,000 to the amended grant award amount of $300,000; an increase of $150,000(DiTommaso) F.3 Ordinance 2154, Final Adoption of the 1801 and 1805 Willow Way Zone Map Amendment Initially Establishing an R-4 , Residential High Density District Zone to 1.06 Acres in Association with Annexation of the Same, Resolution 5550.(Cramblet) G.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. H.Other Agency Hearing H.1 Public Hearing for the North 3rd Apartments and the 14th & Patrick Low Income Housing Tax Credit (LIHTC) Projects Applying for Real Property Tax Exemption from Montana Board of Housing(Fine) I.Appointments I.1 Appointments to the Board of Ethics (Maas) J.Action Items J.1 Authorize the City Manager to Sign the Green Power Program Term Sheet with NorthWestern Energy(Meyer) J.2 Appoint a New Bozeman City Commissioner (City Commission) K.FYI / Discussion L.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 2 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:November 28, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented to the City Commission within one year of the date the claims accrued. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: November 8, 2023 3 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Brit Fontenot, Economic Development Director SUBJECT:The Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract Extension (Amended Contract MT-BSTF-1-23- 20A) and Grant Award Increase for Bridger Photonics, Inc., authorize the City manager, or their designee, to execute additional documents required to facilitate and manage the amended BSTF contract(s), and authorize increased budget authority from the original grant award amount of $150,000 to the amended grant award amount of $300,000; an increase of $150,000 MEETING DATE:November 28, 2023 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the Mayor, or their designee, to sign the Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract Extension (Amended Contract MT-BSTF-1-23-20A) and Grant Award Increase for Bridger Photonics, Inc., authorize the City manager, or their designee, to execute additional documents required to facilitate and manage the amended BSTF contract(s), and authorize increased budget authority from the original grant award amount of $150,000 to the amended grant award amount of $300,000; an increase of $150,0000. STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development initiatives to improve the skills of our citizens. BACKGROUND:Refer to the staff memo. UNRESOLVED ISSUES:Refer to the staff memo. ALTERNATIVES:As suggested by the Bozeman City Commission. FISCAL EFFECTS:Refer to the staff memo. Attachments: CC_Memo_-_11-15-23_Briger_Photonics_Extension (2).docx City of Bozeman - MT-BSTF-1-23-20 - Contract Extension Approval Letter.pdf Montana_Department_of_Commerce_Contract_MT-B.pdf Amended Bridger Photonics Bus Assis Agree-Mngmt Plan.pdf 4 Budget Amendment 11-13-23 Bridger Photonics.docx Report compiled on: November 13, 2023 5 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM:Jesse DiTommaso,Economic Development Specialist Brit Fontenot, Director of Economic Development SUBJECT:The Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract Extension (Amended Contract MT-BSTF-1- 23-20A) and Grant Award Increase for Bridger Photonics, Inc., authorize the City manager, or their designee, to execute additional documents required to facilitate and manage the amended BSTF contract(s), and authorize increased budget authority from the original grant award amount of $150,000 to the amended grant award amount of $300,000; an increase of $150,0000. MEETING DATE:November 28, 2023 AGENDA ITEM TYPE:Consent RECOMMENDATION:Authorize the Mayor, or their designee, to sign the Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract Extension (Amended Contract MT-BSTF-1-23-20A) and Grant Award Increase for Bridger Photonics, Inc., authorize the City manager, or their designee, to execute additional documents required to facilitate and manage the amended BSTF contract(s), and authorize increased budget authority from the original grant award amount of $150,000 to the amended grant award amount of $300,000;an increase of $150,0000. BACKGROUND: On October 4, 2023 the Montana Department of Commerce notified the City of Bozeman that a BSTF contract extension and grant award increase was approved for the Bridger Photonics, Inc. The amendment includes a one-year contract extension and an increase in the contract award by $150,000 for an additional 30 jobs. Other terms of the contract remain the same. 6 During the term of the contract, Bridger Photonics,endeavors to create up to 60 eligible net new jobs in their Bozeman facility. The total amount to be reimbursed to the assisted business under the Contract shall be up to $23.28 per eligible net new job created by the assisted business for documented costs with reimbursement not to exceed a total of $300,000,minus grant administration fees for the entire Contract. A net new job must pay the average weekly wage that meets or exceeds the lesser of 170% of Montana's current minimum wage *AND/OR* the current average weekly wage of the county in which the employees are to be principally employed. The value of employee benefits can be included in this wage.The current average annual, weekly and hourly wage thresholds may be obtained through the BSTF program web site at https://marketmt.com/BSTF or may be requested from the Department. These figures are based upon the average weekly wage data produced by the Montana Department of Labor and Industry for the most current year available. An eligible net new job is defined as the following: 1.A job that is new to the company and has not been filled prior to the BSTF notice of award effective date; 2.A permanent,full time job,meaning a predominantly year-round position requiring an average of 35 hours of work each week, and 3.A new job pays the BSTF required wage rates. THE PROSPERA BUSINESS NETWORK: The City and Prospera work collaboratively on numerous economic development projects including past BSTF grants.As they have in the past,Prospera will provide grant administration, contract management and reporting under the BSTF requirements. Additionally, Prospera currently manages the City’s Revolving Loan Fund. Prospera will continue to administer the BSTF grant, contracts and satisfy reporting elements of the BSTF award.Through the Economic Development Department, the City will maintain oversight of the Prospera management of the BSTF grant award as the recipient entity for the grant funds, as required by the DoC. UNRESOLVED ISSUES:None ALTERNATIVES:As proposed by the City Commission 7 FISCAL EFFECTS: This action also authorizes an increase in budget authority by $150,000 from the original grant award amount of $150,000 to the amended grant award amount of $300,000; an increase of $150,000. As part of the contract, Prospera will earn administrative fees based upon the number of net new jobs Bridger Photonics creates over the next year.Additionally, City staff time is required to provide the appropriate review of documents and approvals. Please note that the Big Sky Trust Fund support provided by the City of Bozeman, in longstanding partnership with Prospera,is not without financial risk,although the City and Prospera work closely together with the assisted business to minimize the risk. If the number of jobs identified in the contract is not filled by the assisted business, but grant dollars are received by the assisted business, the contract between the assisted business and the City of Bozeman contains the following financial restoration sections: Section 8 Conditions on Method of Reimbursement: AND If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite duration, then the Contractor shall reimburse the Department all funds received for that job.If the Assisted Business fails to create the required number of jobs, then the Contractor shall reimburse the Department the difference between the total amount advanced and the amount attributable to actual jobs created.If the Assisted Business ceases operation at the Project Site, then the Contractor shall reimburse the Department all funds received under this Contract. Section 3 Compensation and Consideration: c.The Assisted Business agrees that if the local government or tribal government request the funds before the jobs are created, and the Department agrees to that request, the local or tribal government and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department, if the assisted business: 1.Fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, or 8 2.Fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement. Additionally the Department may recapture funds if: a.At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period. b.The business ceases operations at the Project Site within the contract period. EXHIBITS: 1)November 22, 2022 City Commission Packet Materials for Contract # MT-BSTF-1- 23-20 2)October 4, 2023 Montana Department of Commerce Letter of Approval of Contract Extension and Increase in Grant Award; 3)Montana Department of Commerce Contract Amendment #MT-BSTF-23-20A; 4)Montana Department of Commerce Amended Agreement and Management Plan # MT-BSTF-23-20A; and 5)$150,000 Administrative Budget Amendment Report compiled on:11/13/23 9 SCOTT OSTERMAN GREG GIANFORTE DIRECTOR GOVERNOR COMMERCE.MT.GOV | MARKETMT.COM 301 S. PARK AVE. | BUSINESS MT - PO BOX 200533 | HELENA, MT 59620-0533 P: 406.841.2870 | F: 406.841.2871 | TDD: 406.841.2702 October 4, 2023 City of Bozeman Brit Fontenot, Director of Economic Development P O Box 1230 Bozeman MT 59771 RE: Montana Department of Commerce’s Big Sky Economic Development Trust Fund (BSTF) Program, Contract #MT-BSTF-1-23-20, Bridger Photonics, Inc. Dear Mr. Fontenot: The Department of Commerce has reviewed your request for an amendment to the above referenced contract. The amendment request included: • Extending the contract for one year; and • Increasing the contract award by $150,000 for an additional 30 jobs. The Department has approved the one-year contract extension and the increase of contract award to $300,000 to create 60 new jobs paying the wage of $23.28 per hour without benefits. The contract period will be from December 14, 2022 to December 14, 2024. A contract amendment will be routed to you through DocuSign. We look forward to successful completion of this grant. Sincerely, Liane Taylor Division Administrator Business MT cc: Alexa Freeburg, Prospera Business Network Vicki Axtell, Bridger Photonics, Inc. Annmarie Robinson, Big Sky Economic Development Trust Fund Program DocuSign Envelope ID: 116413AB-B439-494E-812E-F413CD71B459 10116 1 of 3 Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-23-20A Montana Department of Commerce City of Bozeman COMMERCE CONTRACT #MT-BSTF-1-23-20 MONTANA DEPARTMENT OF COMMERCE CONTRACT AMENDMENT # MT-BSTF-1-23-20A This Contract Amendment is entered into by and between, City of Bozeman (“Contractor”) and the Montana Department of Commerce (“Department”). Program funds have been awarded to assist the Contractor and Bridger Photonics, Inc. The Contractor and the Department mutually agree to amend Contract #MT-BSTF-1-23-20 (“Contract”), executed by them on June 7, 2023, as follows: 1. Section 5, EFFECTIVE DATE AND TIME OF PERFORMANCE is amended to read as follows: Section 5. EFFECTIVE DATE AND TIME OF PERFORMANCE a) This Contract shall take effect on December 14, 2022 and will terminate upon completion of the final closeout by the Department, or by December 14, 2024 whichever comes first, unless otherwise terminated in accordance with the terms of this Contract. The employment level of Bridger Photonics, Inc. one day prior to the contract effective date is 73 permanent full-time employees onsite, per the certified baseline job report. b) All Program award monies must be expended by the Contractor within the timeline specified in the Contractor’s application, which by reference is made a part of this Contract. The Contractor may modify the implementation schedule set forth in the Contractor’s application only upon obtaining prior approval of the Department. c) Each party, after termination of this Contract, remains subject to and obligated to comply with all legal and continuing contractual obligations arising in relation to its duties and responsibilities that may arise under the contract including, but not limited to, record retention, audits, and indemnification. d) The Department reserves the right to extend this Contract based on but not limited to the Contractor’s performance of the contracted activities, the Contractor’s compliance with program requirements and the availability of program funding. 2. Section 6, SCOPE OF WORK is amended to read as follows: Section 6. SCOPE OF WORK Program funds have been awarded to assist the Contractor and Bridger Photonics, Inc, 2310 University Way, Bldg 4-4, Bozeman, Montana, (the “Assisted Business”) with the purchase of computers and equipment, and for wage reimbursement and the creation of jobs in Montana. The Assisted Business has agreed to create 60 eligible net new jobs at the project site located at Bozeman (the “Project Site”) in the Contractor’s jurisdictional area within the Contract time period. An eligible net new job is defined as one that is new to the company and has not been DocuSign Envelope ID: B434BA45-81F3-41EF-8554-06CEA6E092AD 11 2 of 3 Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-23-20A Montana Department of Commerce City of Bozeman filled before December 14, 2022. Eligible new job criteria is a full-time job, meaning a predominantly year-round position requiring an average of 35 hours of work each week, and pays wages that meet or exceed $23.28 per hour, before the value of benefits is added. In addition, the Contractor and the Assisted Business have agreed to a total new investment at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial assistance received, within this Contract time period. 3. Section 7, BUDGET is amended to read as follows: Section 7. BUDGET a) The total amount to be awarded to the Contractor under this Contract will not exceed $300,000 to be used as follows: • Up to $276,000 or $4,600 per job to assist the Assisted Business with the purchase of computers and equipment, and for wage reimbursement; and • Up to $24,000 or $400 per job for eligible administrative expenses. b) The Project budget is set forth in the application, as submitted by the Contractor and approved by the Department, and as specifically incorporated by this reference. The Department must approve budget adjustments to the Project in advance. To obtain approval of a budget adjustment, the Contractor shall describe the rationale for a budget adjustment in writing to the Department. c) Any Project expenses the Contractor fails to incur on or before December 14, 2024 will revert to the Big Sky Economic Development Trust Fund. d) The total amount to be awarded to the Contractor under the Contract shall be up to $5,000 per eligible net new job created by the Assisted Business for documented costs with reimbursement not to exceed a total of $300,000 for the entire Contract. The Department will not reimburse the Contractor for any costs incurred prior to December 14, 2022, nor for any expenses not included in the approved budget or not clearly and accurately supported by the Contractor’s records. 4. All other provisions of the Contract remain in full force and effect. By: ________________________________________________________________ Cynthia L. Andrus, Mayor Date City of Bozeman ATTEST: _________________________________________________________________ Mike Maas, Clerk Date City of Bozeman DocuSign Envelope ID: B434BA45-81F3-41EF-8554-06CEA6E092AD 12 3 of 3 Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-23-20A Montana Department of Commerce City of Bozeman By: Mandy Rambo Date Deputy Director, Montana Department of Commerce DocuSign Envelope ID: B434BA45-81F3-41EF-8554-06CEA6E092AD 13 Contract Information Sheet Division staff are required to complete the items in blue print.Last Revised September 2023 Contract Number:MT-BSTF-1-23-20A Original Contract Amount:150,000.00 Contractor's Name:City of Bozeman Amount of Prior Amendments:- Contractor Liaison:Brit Fontenot Current Amendment Amount:150,000.00 Contractor's Liaison Email:bfontenot@bozeman.net Total Contract Value:300,000.00 Approved to Form Name: Approved to Form Email:Funding Source:State Contractor (signee) Name:Cyndy Andrus Contractor's Email:candrus@bozeman.net Program Number/Division:51 - Business MT Contractor's Address:PO Box 1230 Org Number:511301 Contractor's Address 2:Bozeman, MT 59771 Vendor Number:23437 Attest Name:Mike Maas Project Name (optional): Attest Email:mmaas@bozeman.net Start Date:12/14/2022 Delegation:Commerce End Date:12/14/2024 Procurement Method:Exempt*Absolute End Date: Contract Type:Grant Contract Usage:As Needed Liaison:Annmarie Robinson Program Manager:Annmarie Robinson Liaison Email:arobinson3@mt.gov Bureau Chief:Liane Taylor Liaison Phone:406-841-2250 Additional Email: Alexa Freeburg afreeburg@prosperamt.org Jesse DiTommaso JDiTommaso@bozeman.net Signatures:Copies To: Division Administrator Liaison Fiscal Review Director (> $200K) Legal Counsel Deputy Director (<$25K) Deputy Director Perceptive OBPP Information Technology SITSD Purchasing Delegation Agreement - Section 5.5c - Big Sky Economic Development Trust Fund Program. Extension of time and increase in award amount. Purpose of this contract/amendment: Scope & duties of this contract: DocuSign Envelope ID: B434BA45-81F3-41EF-8554-06CEA6E092AD 11/1/2023 11/1/2023 11/1/2023 14 Certificate Of Completion Envelope Id: B434BA4581F341EF855406CEA6E092AD Status: Sent Subject: Montana Department of Commerce Contract #MT-BSTF-1-23-20A for Signature Source Envelope: Document Pages: 4 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Contracts Admin AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) PO Box 200501 301 S. Park Ave Helena, MT 596200501 doccontracts@esign.mt.gov IP Address: 161.7.39.7 Record Tracking Status: Original 11/1/2023 12:49:53 PM Holder: Contracts Admin doccontracts@esign.mt.gov Location: DocuSign Signer Events Signature Timestamp Liane Taylor Liane.Taylor@mt.gov Division Administrator Montana Department of Commerce Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 11/1/2023 12:54:26 PM Viewed: 11/1/2023 2:25:08 PM Signed: 11/1/2023 2:25:19 PM Electronic Record and Signature Disclosure: Accepted: 11/1/2023 2:25:08 PM ID: 1e79b2de-a58d-4a11-aa6c-4f8f4edd8b7b Kassie Clement Kassie.clement@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 11/1/2023 2:25:21 PM Viewed: 11/1/2023 2:53:00 PM Signed: 11/1/2023 2:53:07 PM Electronic Record and Signature Disclosure: Accepted: 11/1/2023 2:53:00 PM ID: 3f02e263-a0ec-47b8-a799-593ae5a5e225 Amy Barnes AmyBarnes@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 35.150.75.96 Signed using mobile Sent: 11/1/2023 2:53:09 PM Viewed: 11/1/2023 3:47:13 PM Signed: 11/1/2023 3:47:55 PM Electronic Record and Signature Disclosure: Accepted: 11/1/2023 3:47:13 PM ID: 329e3632-b7e5-4868-9993-8693cb034a3b Cyndy Andrus candrus@bozeman.net Mayor Security Level: Email, Account Authentication (None) Sent: 11/1/2023 3:47:56 PM Viewed: 11/3/2023 1:02:00 PM Electronic Record and Signature Disclosure: Accepted: 11/3/2023 1:02:00 PM ID: d3fd164e-cb09-4169-a25f-437ffa074a2b 15 Signer Events Signature Timestamp Mike Maas mmaas@bozeman.net Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/7/2023 10:04:52 AM ID: 25cb189d-1090-4f7e-b4d5-ed76f86c33b4 Mandy Rambo Mandy.rambo@mt.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/7/2023 1:37:35 PM ID: bd7be1d9-581b-456f-96c6-a22db9c6499d In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Annmarie Robinson arobinson3@mt.gov Security Level: Email, Account Authentication (None) Sent: 11/1/2023 12:54:25 PM Viewed: 11/7/2023 1:38:57 PM Electronic Record and Signature Disclosure: Accepted: 10/30/2023 8:45:58 AM ID: ad9bfb2e-9f43-4d66-b985-f42a92403113 Brit Fontenot bfontenot@bozeman.net Brit Fontenot, ED Dir. Security Level: Email, Account Authentication (None) Sent: 11/1/2023 12:54:25 PM Viewed: 11/1/2023 1:25:23 PM Electronic Record and Signature Disclosure: Accepted: 6/16/2015 8:35:10 AM ID: 79fd0248-abf5-4575-a049-509ecf212ba1 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/1/2023 12:54:26 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 16 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, MT Dept of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. 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By checking the ‘I agree’ box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify MT Dept of Commerce as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by MT Dept of Commerce during the course of my relationship with you. 19 Business Assistance Agreement with Management Plan 1 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A AGREEMENT BETWEEN the City of Bozeman AND Bridger Photonics, Inc. BSTF Grant #: MT-BSTF 1-23-20A A. PARTIES: The parties to this contract (the Contract) are the CITY OF BOZEMAN, PO Box 1230, Bozeman, MT 59771-1230, (the “City”) and Bridger Photonics, Inc., 2310 University Way, Bldg 4-4, Bozeman, MT 59715, (the “Assisted Business”); Tax identification number 20- 5926537. B. PURPOSE: The purpose of this Contract is for the Assisted Business to use up to $150,000 $300,000 in Big Sky Economic Development Trust Fund (the “BSTF”) grant funds, to be used as follows: • Up to $138,000 $276,000 (or $4,600 per net new job) to assist with purchase of computers, equipment and wage reimbursement. a. The Assisted Business has agreed to create 30 60 eligible net new jobs at the project site located in Bozeman (the “Project Site”) in the Government’s jurisdictional area within the Contract time period. An eligible net new job is defined as one that is new to the company and has not been filled on or before December 14, 2022. Eligible new job criteria are a full-time job, meaning a predominantly year-round position requiring an average of 35 hours of work each week; and b. Pays wages that meet or exceed $23.28 per hour, excluding benefits. c. In addition, Bridger Photonics has agreed to a total new investment at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial assistance received or up to $150,000 $300,000, within this Contract time period, to satisfy the required match ratio for the grant. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties hereto agree as follows: 1. SCOPE AND DUTIES: The Government and the Assisted Business shall engage in activities as set forth in the Government’s Montana Department of Commerce (“Department”) BSTF application, including any written modifications resulting from the review of the application by the Department for grant assistance, all of which, by this reference are made a part hereof. The Government shall enter into this Assistance Agreement with the Assisted Business that shall be approved in writing by the Department before the release of funds. The Government will only release funds to reimburse eligible and documented costs. Management of the BSTF grant is referenced in the attached Exhibit A of this Contract. 2. REPORTING: Unless otherwise specified by the Government, the Assisted Business will also submit Project Progress Reports quarterly to the Government and the Department until the Assisted Business receives Contract closeout approval from the Government and Department. The Project Progress Report must be provided on or before April 15, July 15, October 15 and January 15 for each year of the Contract time period and at closeout of the Contract. The Project Progress Reports shall include, but are not limited to, the following information: • Certified employment documentation from the Assisted Business that includes the breakdown of jobs created, using the Job Status Spreadsheet and accompanying Job Certification Form; and 20 Business Assistance Agreement with Management Plan 2 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A • Written Progress Report that should include the following items: o detailing progress towards achieving the hiring objectives and project goals that were described in the application with projected completion date; o any difficulties encountered in working towards these goals; o any changes within the assisted business structure, business name or changes to its registration with the Montana Secretary of State’s office; and o any other pertinent information. In drawing against the reserved amount, the Assisted Business shall: • Provide a Project Progress Report, and a current, signed Job Creation Spreadsheet and Certification as noted above; • Provide documentation of eligible reimbursable costs/match-usually consultant invoices; and • Update the Invoice Tracking spreadsheet, with updates of latest invoices included. 3. COMPENSATION AND CONSIDERATION: The total amount to be reimbursed to the Assisted Business under the Contract shall be up to $4,600 per eligible net new job created by the Assisted Business, for documented costs with reimbursement not to exceed a total of $138,000 $276,000 for the entire Contract. The City of Bozeman will not reimburse the Assisted Business for any costs incurred prior to December 14, 2022, nor for any expenses not included in the approved budget or not clearly and accurately supported by the Assisted Business’s records. a) The City of Bozeman will authorize the Assisted Business to draw up to $138,000 $276,000 (total BSTF award, minus grant administration) against the funding reserved for the Assisted Business by the Department. Unless otherwise authorized by the City of Bozeman, the Assisted Business may receive grant funds periodically over the Contract period only upon documenting the expenditure of the required matching funds and the creation of the eligible net new jobs by the Assisted Business, and after incurring eligible expenses. b) If the City of Bozeman, determines that the Assisted Business has failed to satisfactorily carry out the duties and responsibilities under the Contract, the City of Bozeman may revoke the Assisted Business's ability to access additional funds until such time as the Government and the Assisted Business agree on a plan to remedy the deficiency. c) The City of Bozeman, may recapture funds and return funds to the Department if: • At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period; or • The Assisted Business ceases operations at the Project Site within the contract period. d) The City of Bozeman reserves the right to withdraw a commitment for any BSTF funds which remain un-disbursed at Contract closeout or at the end of the Contract period. e) The Assisted Business certifies that no request for reimbursement submitted for eligible expenses under this Contract shall duplicate any expense submitted to the Department for reimbursement under any other program administered by the Department. 21 Business Assistance Agreement with Management Plan 3 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A 4. PERIOD OF CONTRACT: The Contract will be in effect for the period commencing December 14, 2022 and will expire December 14, 2024. 5. LIAISON: The contact person for the City of Bozeman, is Brit Fontenot, Director of Economic Development, 406-582-2258 and Jesse DiTommaso, Economic Development Specialist, 406-579-2494, or successors and Vicki Axtell, HR Manager, 406-585-2774 and Kristina Michaud, Executive Assistant, 406-585-2774 or successor for the Assisted Business. 6. SIGNATORY JOB CREATION REPORTING: The person responsible for approving and signing the Job Creation Certification for the Assisted Business is Vicki Axtell, HR Manager, 406- 585-2774 vicki.axtell@bridgerphotonics.com and Pete Roos, President & CEO 406- 585- 2774, pete.roos@bridgerphotonics.com, or successor in the same job role. 7. PROJECT MONITORING: The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Contractor’s performance to determine compliance with the SCOPE OF WORK, the proper use of Program funds, and other technical and administrative requirements of this Contract, including the adequacy of the Contractor’s records and accounts. The Department will advise the Contractor of any specific areas of concern and provide the Contractor opportunity to propose corrective actions acceptable to the Department. Failure by the Contractor to proceed with reasonable promptness to take necessary corrective actions shall be a default. If the Contractor’s corrective actions remain unacceptable, the Department may terminate this Contract in whole or in part, or reduce the contract price or award to reflect the reduced value of services received. 8. COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Assisted Business accepts responsibility for supplying, and requiring all subcontractors to supply, the City of Bozeman with proof of compliance with the Montana Workers’ Compensation Act while performing work for the State of Montana. (Mont. Code Ann. §§ 39-71-401, 39-71-405, and 39-71-417.) Neither the Assisted Business nor its employees are employees of the Government. The proof of insurance/exemption must be in the form of workers’ compensation insurance, an independent contractor exemption, or documentation of corporate officer status and must be received by the Government within 10 working days of the execution of this Contract and must be kept current for the entire term of the contract. CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF SECTION 11 TERMINATION OF CONTRACT IF THE ASSISTED BUSINESS FAILS TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. Coverage may be provided through a private carrier or through the State Compensation Insurance Fund 406-444-6500. An exemption can be requested through the Department of Labor and Industry, Employment Relations Division 406-444-1446. Corporate officers must provide documentation of their exempt status. 9. ACCESS AND RETENTION OF RECORDS: Upon receipt of reasonable advance notice, the Assisted Business agrees to provide the Government, Montana Department of Commerce, Legislative Auditor or their authorized agents, access to any records necessary to determine contract compliance. The Assisted Business agrees to create and retain records supporting the BSTF project activities for a period of three years after either the completion date of the Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State 22 Business Assistance Agreement with Management Plan 4 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A of Montana or third party. 10. TERMINATION OF CONTRACT: This Contract may only be terminated in whole or in part as follows: a) Termination Due to Loss or Reduction of Funding. The Government, at its sole discretion, may terminate or reduce the scope of this Contract if available funding sources are eliminated or reduced for any reason. If a termination or modification is so required, the Government may, if sufficient program funds are available, compensate the Assisted Business for eligible services rendered and actual, necessary, and eligible expenses incurred as of the revised termination date. The Government will notify the Assisted Business of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, will provide the Assisted Business with a modified Project budget. b) Termination for Cause with Notice to Cure Requirement. The Government may terminate this Contract for failure of the Assisted Business, its contractors, or subcontractors to perform or comply with any of the services, duties, terms or conditions contained in this Contract after giving the Assisted Business written notice of the stated failure. The written notice will demand performance of the stated failure within a specified period of time of not less than thirty (30) days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. c) Effect of Termination. In the event of termination due to the Assisted Business’s, its contractors', or subcontractors' failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, any costs incurred will be the responsibility of the Assisted Business. However, at its sole discretion, the Government may approve requests by the Assisted Business for reimbursement of expenses incurred. The Government’s decision to authorize payment of any costs incurred or to recover expended Program funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Assisted Business to comply with the any of those services, duties, terms, or conditions of this Contract, and on whether the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Assisted Business’s control. 11. COMPLIANCE WITH LAWS: The Assisted Business must, in performance of work under this Contract, fully comply with all applicable federal, state, local and tribal laws, rules and regulations, including Executive Order No. 12-2015 Amending and Providing For Implementation of the Montana Sage Grouse Conservation Strategy , the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973 and the Patient Protection and Affordable Care Act (“Affordable Care Act”). Any subletting or subcontracting by the Assisted Business subjects subcontractors to the same provisions. In accordance with Mont. Code Ann. § 49-3-207, Executive Order No. 04-2016, the Assisted Business agrees that the hiring of persons to perform the Contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, sex, pregnancy, childbirth or medical conditions related to childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, 23 Business Assistance Agreement with Management Plan 5 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A disability, military service or veteran status, or marital status. The Affordable Care Act requires an Assisted Business, if the Assisted Business is an applicable large employer under the ACA, to provide healthcare coverage for its employees, who provide services for the State and work for 30 or more hours per week. This coverage must also cover the eligible employee’s dependents under the age of 26. The coverage must (a) meet the minimum essential coverage, minimum value, and affordability requirements of the employer responsibility provisions under Section 4980H of the Code (ACA), and (b) otherwise satisfy the requirements of the Code § 4980 H (ACA) if provided by the State. 12. NONDISCRIMINATION AND EQUAL PAY: The Assisted Business agrees that all hiring by Assisted Business of persons performing this Agreement shall be on the basis of merit and qualifications. The Assisted Business will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Assisted Business will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Assisted Business shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Assisted Business represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Assisted Business must report to the City any violations of the Montana Equal Pay Act that Assisted Business has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Assisted Business shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 13. INDEMNITY/WAIVER OF CLAIMS/INSURANCE: To the fullest extent permitted by law, Assisted Business agrees to release, defend, indemnify, and hold harmless the City of Bozeman, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City of Bozeman from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City of Bozeman occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Assisted Business; or (ii) any negligent, reckless, or intentional misconduct of any of the Assisted Business’s agents. Such obligations shall not be construed to negate, abridge, or reduce other 24 Business Assistance Agreement with Management Plan 6 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City of Bozeman as indemnitee(s) which would otherwise exist as to such indemnitee(s). Assisted Business’s indemnity shall be without regard to and without any right to contribution from any insurance maintained by the City of Bozeman. Should the City of Bozeman be required to bring an action against the Assisted Business to assert its right to defense or indemnification under this Agreement or under the Assisted Business’s applicable insurance policies required below, the City of Bozeman shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Assisted Business was obligated to defend the claim(s) or was obligated to indemnify the City of Bozeman for a claim(s) or any portion(s) thereof. In the event of an action filed against the City of Bozeman resulting from the City of Bozeman’s performance under this Agreement, the City of Bozeman may elect to represent itself and incur all costs and expenses of suit. Assisted Business waives any and all claims and recourse against the City of Bozeman, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the award of funds under this Agreement except “responsibility for the City of Bozeman’s own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 25 Business Assistance Agreement with Management Plan 7 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A 14. CONSENT TO ELECTRONIC SIGNATURES: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. Vicki Axtell, HR Manager Date Bridger Photonics, Inc. Kristina Michaud, Executive Assistant Date Bridger Photonics, Inc. Cyndy Andrus, City of Bozeman Mayor Date City of Bozeman ATTEST: Mike Maas, City Clerk Date Legal Review Date 26 Business Assistance Agreement with Management Plan 8 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A Exhibit A MANAGEMENT PLAN On December 14, 2022, the City of Bozeman was awarded a grant from the Big Sky Economic Development Trust Fund (BSTF) Program to assist Bridger Photonics, Inc. with the purchase of computers and equipment and for wage reimbursement and the creation of jobs in Montana. Prospera Business Network (PBN) will be responsible for assisting with the administration of the BSTF grant. This Management Plan is written to assure proper management of the BSTF grant, which includes financial management of grant funds, compliance with state and federal requirements, and the timely start-up and completion of project activities. A. ADMINISTRATIVE STRUCTURE 1. The City of Bozeman GOVERNMENT The following persons will have lead responsibility for administering the Government’s BSTF grant to facilitate an expansion of the Assisted Business: a. Cyndy Andrus, as the City of Bozeman’s City Mayor, will have responsibility for all official contacts with the Montana Department of Commerce (Department). The City of Bozeman Commissioners will have the ultimate authority and responsibility for the implementation of the Government’s BSTF grant to facilitate an expansion of the Assisted Business. The City of Bozeman Commissioners will approve and sign administrative documents and approve all payment requests to the BSTF program. The City of Bozeman Commissioners will approve all contracts and payment requests. The telephone number for the Chief Elected Official is (406) 582- 2383. b. Greg Sullivan, City of Bozeman’s Attorney, will review any proposed contractual agreements associated with the BSTF grant, advise the Commissioners regarding the agreements, and provide any other legal guidance as requested. Telephone: (406) 582-2309. c. Melissa Hodnett, City of Bozeman, Finance Director, has been designated as the Fiscal Officer and will be responsible for maintaining all financial records related to the BSTF grant funds for the Government. Telephone: (406) 582-2300. d. Mike Maas, City Clerk, will be responsible for maintaining all official records related to the BSTF grant for the Government. Telephone: (406) 582-2321 e. Brit Fontenot, City of Bozeman, Director of Economic Development, has been designated as the Project Manager and will be responsible for maintaining records related to the management of the BSTF grant funds for the Government. This contact will be the liaison between the EDO, the Commissioners and the Government Attorney. Telephone: (406) 582-2258. 27 Business Assistance Agreement with Management Plan 9 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A 2. Prospera Business Network, ECONOMIC DEVELOPMENT ORGANIZATION (EDO) The EDO will provide general technical assistance, coordination of funding sources, assurances of compliance with all applicable state requirements for the BSTF grant program. The Government has designated the EDO as its Administrator. The following EDO personnel will be responsible for the project: a. Paul Reichert, Executive Director, will be responsible for all official contacts with the Government on behalf of the EDO. Telephone: (406) 587-3113. b. Alexa Freeburg, Grants Manager, will serve as the EDO Administrator and will be responsible for overall coordination of the BSTF grant awarded to the Government. Telephone: (406) 587-3113. 3. Bridger Photonics, Inc., ASSISTED BUSINESS The following Assisted Business Officer will be responsible for the implementation of the project: a. Vicki Axtell, HR Manager, will serve as the Business Official for the Assisted Business. This person will have responsibility for all official contacts with the Government. Telephone: 406-585-2774. b. Kristina Michaud, Executive Assistant, will serve as the Business Contact for the Assisted Business and will be the liaison with the EDO and the BSTF Department Staff. Telephone: 406-585-2774. A. PROJECT MANAGEMENT 1. Brit Fontenot, Director of Economic Development, will: a. Work with the EDO Administrator and the Department in the timely execution of the BSTF contract between the Government and the Department. b. Work with the EDO Administrator and the Assisted Business in the development of a Business Assistance Agreement. c. Make appropriate recommendations and route all contract documents, administrative documents, and payments as necessary. d. Review all proposed expenditures of BSTF funds to ensure compliance with the BSTF contract. e. Review, approve, and submit the BSTF payment requests, after preparation by EDO Administrator and approval by the City of Bozeman, to the BSTF Program, Montana Department of Commerce, and ensure disbursement of funds. f. Review and approve all BSTF closeout documents. 2. Prospera Business Network will serve as, EDO Administrator, responsible for the following day to day project activities and will: 28 Business Assistance Agreement with Management Plan 10 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A a. Assisting the Government and the Department in developing the Government contract, along with all the required paperwork, with the Department that will address all requirements related to effective project start-up and implementation. b. Assisting the Government and the Assisted Business with the preparation of a Business Assistance Agreement. c. Establishing and maintaining complete and accurate project files and preparing all documentation and reports incidental to administration of the project. d. Assist the assisted business with the baseline and subsequent Job Creation Report and Job Creation Certification. e. Meet regularly with the Assisted Business to monitor the business’s compliance with the requirements of the grant assistance agreement including implementation of the project hiring or hiring/training plan. f. Reviewing all proposed project expenditures or payment requests from the business to ensure their propriety and proper allocation of expenditures to the BSTF project budget. g. In cooperation with the Project Manager, processing payment requests and preparing payment requests for the Department, including the Request for Payment Form and the Project Progress Report with each payment request and quarterly as specified by the Department. h. Assist the Government during the BSTF on-site monitoring visit which is conducted to ensure compliance with the requirements of the BSTF contract. i. Preparing all required performance reports and Project Closeout Certification for submittal to the Department. j. Closing the BSTF project in a timely fashion within the period of the contract between the Department and the Government. k. Attending City of Bozeman Commissioners meetings to provide project status reports and representing the BSTF project at any other public meetings as deemed necessary by the City. l. It is understood and agreed that the EDO’s services within this Management Plan does not include any of the following: the disbursement or accounting of funds distributed by the Government’s financial officer, legal advice, fiscal audits or assistance with activities not related to the BSTF project. 3. Vicki Axtell with Bridger Photonics, Inc., will: a. Will oversee the compliance with the proposed Hiring Plan as submitted in the BSTF Application. b. With assistance of the EDO Administrator, prepare the Job Creation Reports, Job Creation Certifications and Progress Reports. 29 Business Assistance Agreement with Management Plan 11 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A c. Provide copies of invoices for reimbursement by the BSTF Program and to satisfy the matching funds requirement. d. Maintain own project files. e. Assist the Project Manager, EDO Administrator with monitoring of the project. f. Will notify the Government Project Manager, EDO Administrator and Montana Department of Commerce of any changes within its business structure, business name or changes to its registration with the Montana Secretary of State’s office. B. FINANCIAL MANAGEMENT As designed in the BSTF contract, the total amount of the BSTF award will not exceed $150,000. 1. Government – Awardee The Fiscal Officer will be responsible for: a. Depositing and recording the BSTF funds into the City of Bozeman’s existing accounting system based on claims and supporting documents approved by the Project Manager and City of Bozeman Commissioners. b. Preparing checks/warrants for approved expenditures. c. Disbursing funds in accordance with the Government’s established claim review procedures. d. With the assistance of the Project Manager, preparing the final financial report for the project Closeout Certification. e. The original financial documents (claims with all supporting documents attached) will be retained in the Government’s offices. 2. Economic Development Organization - Administration Funds a. Administrative payments will consist of reimbursement for $400 per eligible net new job created by the Assisted Business. b. If an An additional award is has been made for year two to the City of Bozeman, to assist Bridger Photonics, Inc., and for the creation of up to 30 jobs, that assistance reimbursement would be for additional funds up to $150,000, with up to $12,000 for admin expenses and up to an additional $138,000 to go to Bridger Photonics, Inc. 3. Assisted Business - Project Funds The Business Contact will be responsible for: a. Supply invoices for reimbursement and match requirement and update the tracking spreadsheet for completeness and accuracy. 30 Business Assistance Agreement with Management Plan 12 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A b. Ensuring accurate deposit for each draw taken and recording the funds into the Assisted Business’s existing accounting system. c. With the assistance of the Project Manager, preparing the final financial report for the project Closeout Certification. d. The original financial documents (claims with all supporting documents attached) will be retained in the Assisted Business’s office files for at least three years. The Government’s application to the Department for BSTF funding, dated December 14, 2022, and all applicable federal and state statutes and regulations are incorporated into this Agreement by this reference. This Management Plan will expire once the Montana Department of Commerce officially closes out the BSTF grant award to the Government. WE HAVE READ THE MANAGEMENT PLAN AND ARE AWARE OF THE RESPONSIBILITIES FOR THE MANAGEMENT AND OVERALL SUCCESS OF THE BSTF PROJECT AS THE DESIGNATED LIAISONS FOR THE PROJECT: GOVERNMENT PROJECT MANAGER GOVERNMENT FISCAL OFFICER Brit Fontenot Date Melissa Hodnett Date Director of Economic Development Finance Director City of Bozeman City of Bozeman Jesse DiTommaso Date Economic Development Specialist City of Bozeman Prospera Business Network (EDO): BUSINESS CONTACT Paul Reichert Date Vicki Axtell Date Prospera Business Network Bridger Photonics, Inc. Alexa Freeburg Date Prospera Business Network 31 Business Assistance Agreement with Management Plan 13 City of Bozeman – Bridger Photonics, Inc. – BSTF-1-23-20A IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 4th day of October, 2023, Cyndy Andrus Date City Mayor, City of Bozeman Pete Roos, President & CEO Date Bridger Photonics, Inc. 32 Budget Amendment Fiscal Year:2024 Date: 11/31/23 On June 22, 2021, and in compliance with Montana State law, the City of Bozeman City Commission adopted Resolution 5486 to appropriate funds and estimating revenue necessary to operate and maintain services for the fiscal year ending June 30, 2024 (FY2024). Section 4 of Resolution 5486 delegates appropriation authority to the City Manager for expenditures and budget amendments from the following funds: debt service funds; fee-based budgets; trust funds; federal, state and private grants accepted and approved by the City Commission; special assessments; monies borrowed during the year; proceeds from sale of land; and funds for gifts or donations. The Big Sky Trust Fund is increasing award funding to the City of Bozeman for pass-through, sub-recipient granting to Bridger Photonics, Inc. In order for the City to pass along this funding, the City Commission must accept the grant award contract. The action of bringing the contract acceptance before the City Commission for approval to increase grant funding made available includes the action of City Manager budget amendment approval. In alignment with budget policy as adopted by the City Commission as part of resolution 5486, the maximum spending authority of the City is that of ALL funds combined. Traditionally, the City has not over spent its combined, maximum, fund total spending authority. In FY2024, the City will continue to spend less than is appropriated. Therefore, the $150,000 increase in grant funding to this program does not require a second approval by the City Commission for spending authority maintaining the City’s alignment with MCA, Resolution 5486 and City Budgeting policies. Revenue Accounts Affected:Fund 123-0000-331.20-00 State Grants Date: 11/20/23 Melissa Hodnett, Finance Director 33 Memorandum REPORT TO:City Commission FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2154, Final Adoption of the 1801 and 1805 Willow Way Zone Map Amendment Initially Establishing an R-4 , Residential High Density District Zone to 1.06 Acres in Association with Annexation of the Same, Resolution 5550. MEETING DATE:November 28, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally Adopt Ordinance 2154 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The proposed application includes annexing two parcels totaling approximately 1.06 acres into the City limits and establishing an initial zoning of R-4, Residential High Density district. The property is currently zoned 'Residential Suburban' (RS) within the county. The same RS county zoning is also to the north, west, and east. Directly south across Kagy Boulevard is zoned 'Agriculture Suburban' (AS) within the county. Nearby municipal zoning to the east, southeast, and west is R-4, Residential High Density and R-2, Residential Moderate Density with REMU, Residential Emphasis Mixed Use towards the southeast and further south of the subject site. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as 'Urban Neighborhood' which includes the R-4 district as an implementing zoning district. The property is bordered by Willow Way to the east (a Bozeman classified local street), and Kagy Boulevard to the south, (a Bozeman classified principal arterial). The Commission held a public hearing on the request on June 6, 2023 and acted to approve the application including the requested zoning designation. The applicant finalized all required contingencies of the zoning and associated terms of annexation for the related annexation. The City Commission approved the associated annexation Resolution 5550 and provisionally adopted this ordinance on November 14, 2023. 34 UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: Ordinance 2154 - 1801&1805 Willow Way Annexation ZMA.pdf 007 - ZMA Map.pdf Report compiled on: October 24, 2023 35 Ord 2154 Page 1 of 5 ORDINANCE 2154 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO ESTABLISH AN INITIAL MUNICIPAL ZONING ON TWO PARCELS OF APPROXIMATELY 1.06 ACRES AS R-4 (RESIDENTIAL HIGH-DENSITY DISTRICT), THE 1801 AND 1805 WILLOW WAY ANNEXATION ZONE MAP AMENDMENT, APPLICATION 23016 WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Community Development Board has been created by Resolution 5330; and WHEREAS, the City of Bozeman Community Development Board has been assigned the duties of the Zoning Commission required by Section 76-2-307 MCA; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after conducting the required public hearing on June 5, 2023, the Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the Bozeman City Commission that application No. 23016, the 1801 & 1805 Willow Way Annexation Zone Map Amendment, be approved as requested by the applicant; and 36 Ordinance No. 2154, 1801 & 1805 Willow Way Annexation Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on June 6, 2023, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the 37 Ordinance No. 2154, 1801 & 1805 Willow Way Annexation Zone Map Amendment Page 3 of 5 requested R-4 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 23016 the 1801 & 1805 Willow Way Annexation Zone Map Amendment have been satisfied and no spot zoning occurs. Section 2 That the zoning district designation of the following-described property is hereby established as R-4 (Residential High Density District): Legal Description Those parcels described in Document Nos. 2509637 and 2542963, which together comprise Tract 7 and Tract 8, Beatty’s Subdivision, [Plat E-26], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, except that part of said Tract 8 that was conveyed for street right of way according to Film 125, Page 385, and that part of the east 4.25 feet of Tract 11, Beatty’s Subdivision, adjacent to said Tract 7 and Tract 8, and the adjacent portions of Willow Way and West Kagy Boulevard right of ways, and located in the Southwest Quarter of Section 13, Township 2 South, Range 5 East of P.M.M., all described as follows: BEGINNING at the northwest corner of Tract 7 of said Beatty’s Subdivision; thence easterly 091˚30’00”, assumed azimuth from north, 315.62 feet along the north line of said Tract 7 and its easterly extension to the east right of way line of Willow Way; thence southwesterly 204˚15’33” azimuth 298.83 feet along said right of way line to the centerline of West Kagy Blvd; thence westerly 270˚57’39” azimuth 203.85 feet along said centerline; thence northerly 001˚24’44” azimuth 277.48 feet along the west property line and its 38 Ordinance No. 2154, 1801 & 1805 Willow Way Annexation Zone Map Amendment Page 4 of 5 southerly extension; thence easterly 091˚30’00” azimuth 4.25 feet along the westerly extension of the north line of Tract 7 to the Point of Beginning, Area of Lots = 46,173 square feet, 1.0599 acres or 4,289.6 square meters. Area of Kagy Blvd and Willow Way ROW = 24,620 square feet, 0.5652 acres or 2,287.4 meters. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” 39 Ordinance No. 2154, 1801 & 1805 Willow Way Annexation Zone Map Amendment Page 5 of 5 Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 14th day of November 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 28th day of November 2023. The effective date of this ordinance is __________, __, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 40 41 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Department Manager SUBJECT:Public Hearing for the North 3rd Apartments and the 14th & Patrick Low Income Housing Tax Credit (LIHTC) Projects Applying for Real Property Tax Exemption from Montana Board of Housing MEETING DATE:November 28, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:None. This hearing is to provide opportunity for public comment. No action is required of the City Commission. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Per Montana Code Annotated 15-6-221, applications to the Montana State Department of Revenue’s tax exemption programs should request a public hearing to solicit public comment from the community. It states that “the unit of local government where the proposed project is to be located shall give due notice, as defined in 76-15-103 MCA, and hold a public hearing to solicit comment on whether the proposed qualifying low-income rental housing property meets a community housing need. A record of the public hearing must be forwarded to the board of housing.” The statute further indicates that no findings must be made by the City Commission. The objective of the public hearing is to solicit comments. Public notice must occur prior to the public hearing, and be published 14 days apart. The publication dates for the noticing of each of the community housing projects presented in this hearing were November 4, 2023 and November 18, 2023. This hearing will call for public comment on two community housing related projects. Each project has been noticed to the statutory requirements. The objective of this hearing is to formally allow for members of the community to give input on each project and how it benefits our community. No other action is required. Attached to this memo are materials related to each project in the order they are listed below, including a cover memorandum 42 with statutory requirement information, and a narrative project description. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:None. Attachments: Project description 14 Patrick 10.24.23.pdf Project description North 3rd 10.24.23.pdf Report compiled on: November 7, 2023 43 2809 Great Northern Loop, Suite 100 Missoula, Montana 59808 Telephone (406) 721-8896 • Fax (406) 541-8037 • bjorlaw@bjornsonlaw.com October 24, 2023 RE: 15 Patrick Apartments (Family) Bozeman, Montana To All Interested Persons: 14th & Patrick Limited Partnership, in partnership with Human Resource Development Council of District IX, Inc., a Montana nonprofit corporation specializing in preservation and development of affordable housing, through its wholly owned and solely controlled single member limited liability company, is planning to acquire approximately three acres of real property between North 14th and 15th Avenues and Patrick and Tschache Streets, in Bozeman, MT, for the construction of an affordable multifamily rental apartment building. The project will be known as the 15Patrick Apartments, and will contain 155 apartment units, affordable to families with incomes at or below 60% of area median income. The project will include a community room, a fitness room, a package room, study lounges, in-unit laundry, on-site management, an outdoor playground, an outdoor patio area, outdoor bicycle parking, and 140 surface parking stalls. The parties have obtained a 4% low-income housing tax credit allocation from the Montana Board of Housing to acquire the property and construct the project and preserve its affordability, and are planning to apply for the exemption from real property taxes available to qualifying low-income housing tax credit projects under Montana Code Annotated Section 15-6-221. As part of the application process for low- income housing tax credits, and pursuant to the statutory requirements for this exemption, there must be an opportunity to comment on whether this low-income rental housing project meets a community housing need. No vote or action on behalf of the local agency is required in relation to this opportunity for public comment. Do not hesitate to contact me if you have any questions or if you need any further information. Thank you. Very Truly Yours, BJORNSON JONES MUNGAS, PLLC Kassy J. Buss 406-721-8896 kassy@bjornsonlaw.com 44   2809 Great Northern Loop, Suite 100                                                                                      Missoula, Montana 59808 Telephone (406) 721-8896 • Fax (406) 541-8037 • bjorlaw@bjornsonlaw.com   October 24, 2023 RE: North 3rd Apartments (Family) Bozeman, Montana To All Interested Persons: North 3rd Apartments, LLC, in partnership with Hearthstone Group, a Washington non-profit corporation specializing in preservation and development of affordable housing, through its wholly owned and solely controlled single member limited liability company, is planning to acquire real property and construct the following low-income rental housing complex located at the following address in Bozeman, Montana: Project Name Address Number of units North 3rd Apartments North 3rd and Peach Street 216 (multifamily) Bozeman, MT 59715 The parties are seeking a 4% low-income housing tax credit allocation from the Montana Board of Housing to acquire, construct and preserve the affordability of the property, and are planning to apply for the exemption from real property taxes available to qualifying low-income housing tax credit projects under Montana Code Annotated Section 15-6-221. As part of the application process for low-income housing tax credits, and pursuant to the statutory requirements for this exemption, there must be an opportunity to comment on whether this low-income rental housing project meets a community housing need. No vote or action on behalf of the local agency is required in relation to this opportunity for public comment. Please see attached executive summary for additional project information. Do not hesitate to contact me if you have any questions or if you need any further information. Thank you. Very Truly Yours, BJORNSON JONES MUNGAS, PLLC   Kassy J. Buss 406-721-8896 kassy@bjornsonlaw.com Attachment  45 North 3rd Apartments Executive Summary Property Description The North 3rd Apartments project is located at North 3rd & Peach in Bozeman, MT. The property is planned to have 216 affordable housing units consisting of 80 one-bedroom units, 84 two-bedroom units, 48 three-bedroom units and 4 four-bedroom units. Property amenities include a clubhouse/community room with a workout facility, playground, picnic area and an on-site manager. Unit amenities include blinds, central heating and air conditioning, walk-in closets and in-unit washer/dryer connections. Kitchen appliances include a garbage disposal, oven/stove, refrigerator, and dishwasher. There will be 341 uncovered parking spaces provided on the site. North 3rd apartments in currently in Site Plan Approval with the goal of submitting for full building permits on 3/29/23. Permit delivery is estimated to occur on 6/12/23 with construction starting in Q3 of 2023. Construction is estimated to take 615 calendar days with buildings being delivered in the Summer of 2025. DevCo will seek a new issuance of tax-exempt bonds and 4% LIHTCs through the Montana Board of Housing and will extend the affordability commitments. All units at the project are planned to be set at 60% of AMI in Gallatin County. 46 DevCo Mission Statement DevCo Preservation uses its extensive experience in the management, construction and financing of affordable housing to revitalize existing properties and build long lasting communities. By planning extensive renovations and making long-term affordability commitments DevCo Preservation provides quality, affordable housing in growing markets where it is needed most. 47 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Appointments to the Board of Ethics MEETING DATE:November 28, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint two members to the Board of Ethics with terms expiring July 31, 2025. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Board of Ethics has two vacant positions due to term expirations as of July 31, 2023. The City Clerks' Office published legal notice for this vacancy from June 10 through November 4, 2023. The City Clerks' Office has received one reapplication and two new applications. Ordinance No. 1726, finally adopted in November 2007, established the creation of a three member Board of Ethics. In May of 2009, Ordinance No. 1759 was finally adopted which revised 1726. According to Ordinance 1759: A. There is created a Board of Ethics consisting of three (3) members who shall serve without compensation unless the governing body provides otherwise. Members of the Board of Ethics shall not be elected officials, full- time appointed officials whether exempt or nonexempt, or City employees, nor shall they be currently serving on any other City board or commission. B. Members of the Board shall be residents of the City. C. Board members shall be appointed by the governing body. An appointment to fill a vacancy shall be made by the appointing authority who appointed the member who formerly held the position which is vacant. E. Board members shall serve staggered terms of two (2) years. A member shall hold office until a member's successor is appointed. This board currently has one vacant position. The City Clerk’s Office has 48 received two applications with their relevant qualifications indicated below. 1. Two positions with terms expiring July 31, 2025 | Qualifies: J. Tobin, M. Bond, S. Rushing Applicants: James Tobin Mark Bond Sara Rushing There is no Commission liaison for this board. Board of Ethics appointments are Commission appointments. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: James Tobin.pdf Mark Bond.pdf Sara Rushing.pdf Report compiled on: September 16, 2022 49 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name James Tobin * Residential Address 145 Pond Lily Dr. Bozeman MT 59718 * Primary Phone (406) 640-1416 * Current Occupation Event Manager * Employer Montana State University * Email jatobin@gmail.com Which position are you applying for? Board of Ethics Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I've lived in Bozeman, MT for the last 16 years while working at Montana State University. I fascination with politics and government. I've always tried to lead and train others in how to do their job within the constraints of policies and procedures or at least consider doing the right thing in the eyes of the public service perspective. I want to ensure that our officials are operating at the highest level of ethical standards as a public servant to the citizens in our community. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. While at MSU I served as a departmental liaison to all students needing support based on GLBT+ concerns. I also have attended multiple training sessions on campus around various topics of diversity. While I worked in Housing on campus I would attend a yearly training and routinely would include myself as someone to support students on a regular basis. As someone who is part of the GLBT+ community I try to represent all facets of the DEI framework of acceptance of everyone regardless of identity. Page | 1 50 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Amber Vestal * Phone (218) 791-1986 * Email amber.vestal1@montana.edu * Reference #2 Full Name Jaime Green * Phone (406) 490-5744 * Email jaime.green@montana.edu * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Searching through the City of Bozeman website for open board positions. Is there any other information that you feel we need to know? Not sure that it is any sort of conflict of interest, but I do work at MSU in the Office of the President so if that is an issue for this board I can certainly look at a different involvement opportunity. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 51 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Mark Bond * Residential Address 1127 N Spruce Drive Bozeman MT 59715 * Primary Phone (406) 570-7397 * Current Occupation Community Engagement Manager * Employer One Valley Community Foundation * Email bond.markg@gmail.com Which position are you applying for? Board of Ethics Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. After 4 years working in the Oregon Legislature & Portland City Hall, I've seen many times how important it is to have a robust ethics framework in place for public institutions to function effectively & in good faith. Also, my current work is directly focused on bettering the city & county, which I'm passionate about. I believe strongly in justice, equity, & integrity in the public sector, & would be honored to serve my hometown in a way that is so aligned with my skills, experience, and mores. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As a bisexual person who grew up in rural Madison County I had major struggles with my identity as a young adult. I went on to work as an organizer with the Oregon Student Association giving statewide trainings on power, privilege, and oppression, while helping students from traditionally marginalized communities build power for themselves. 10 years of working in politics taught me it's crucial to check my privilege and create space for new voices and that unlearning privilege is ongoing work. Page | 1 52 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Sara Rushing * Phone (406) 994-5165 * Email sara.rushing@montana.edu * Reference #2 Full Name Dan Ryan * Phone (503) 422-1359 * Email dan.ryan@portlandoregon.gov * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Dr. Sara Rushing reached out to inform me of a vacancy on the board and encouraged me to apply, as she thought I would be a good fit. Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 53 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Sara Rushing * Residential Address 208 Westridge Dr. Bozeman MT 59715 * Primary Phone (406) 600-8919 * Current Occupation Professor of Political Science at MSU * Employer Montana State University * Email sararushing@hotmail.com Which position are you applying for? Board of Ethics Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? I have served on the Board of Ethics since 2019, and am currently the Chair * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have been serving on the Board of Ethics since 2019, and currently am serving as the Chair of the Board. I am a political theorist by training, and in that capacity I study democratic theory, citizen participation, and ethics. I have a strong desire to serve the City, and believe that my experience and expertise makes me well suited to continue on as a member of the Board of Ethics. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have done extensive DEI work at MSU, and undergone periodic trainings in this regard. My work has mostly been related to gender equity, but I also served as the Faculty Advisor to the Queer Straight Alliance (QSA) at MSU for seven years, and have done work related to decolonizing pedagogies and racial justice on campus. Page | 1 54 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name David Parker * Phone (406) 600-0907 * Email dparker@montana.edu * Reference #2 Full Name Ariel Donahue * Phone (406) 994-3004 * Email ariel.donohue@montana.edu * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Currently serving on it. Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 55 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director Natalie Meyer, Sustainability Program Manager SUBJECT:Authorize the City Manager to Sign the Green Power Program Term Sheet with NorthWestern Energy MEETING DATE:November 28, 2023 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Having reviewed and considered the draft Green Power Program Term Sheet, the staff report, public comment, the recommendation from the Sustainability Advisory Board, and all information presented, I move to authorize the City Manager to sign the Green Power Program Term Sheet with NorthWestern Energy and administratively approve future minor changes. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:On December 16, 2019, the City of Bozeman adopted Resolution 5118 which included a community-wide provisional goal of achieving 100% net clean electricity by 2030. On December 22, 2020, this goal was formally advanced under Resolution 5248 with the adoption of the 2020 Bozeman Climate Plan. The Climate Plan highlights the critical importance of advancing clean electricity to achieve carbon neutrality and support community resilience. On February 2, 2021, the Bozeman City Commission approved an Interlocal Agreement with other Montana communities to guide the development of a Green Power Program (formerly known as a renewable rate option or a green tariff) with NorthWestern Energy, Bozeman’s primary electric utility provider. A Green Power Program refers to the option for customers of regulated utilities to buy electricity from newly developed renewable energy sources through a special rate ("tariff") on their utility bills. The local government’s goals for the Green Power Program include 1) that it results in the development of a new utility-scale renewable energy in the state of Montana, 2) that the Green Power Program contract terms and eligibility requirements make it accessible and attractive to as many NorthWestern customers as possible, and 3) that it does not negatively impact non- participating customers. 56 Under the Interlocal Agreement, the communities competitively selected Energy Strategies as a third-party consultant to help advise the communities on utility rate design to help inform the development of NorthWestern’s Green Power Program. Program Overview The lead communities of the City of Bozeman, City of Missoula, and Missoula County have continued to work with NorthWestern over the past several years to develop the Green Power Program. The program is a key strategy for these lead communities to reach their respective 100% clean electricity goals. The Green Power Program would allow NorthWestern customers to support and benefit from a new source of renewable energy in Montana, such as a new wind or solar farm. Local governments, businesses, and residents would then have the option to subscribe to pay a special rate and receive a portion of their energy supply from this renewable energy source. By subscribing to the program, customers would pay the costs of the new renewable energy source over time and receive the benefits it produces, including the environmental benefits and the clean energy’s economic value on the market. Approval Process The lead communities have reached an important milestone and are requesting that their respective elected Commissions adopt the term sheet negotiated with NorthWestern. While non-binding, the term sheet serves as the framework that outlines the process and expectations for the program moving forward. If the term sheet is adopted, the lead communities will consider entering into binding agreements to submit a joint tariff filing to the Montana Public Service Commission (PSC) with NorthWestern. The Public Service Commission will then need to approve the Green Power Program before it is available to the public. Following approval, the next step would be for the lead communities and NorthWestern to develop a Request for Proposals (RFP) and solicit proposals for the new renewable energy project. Once the project is selected, local government, commercial, and industrial customers will subscribe to purchase electricity from the program. Eligibility Local governments, as well as commercial and industrial NorthWestern electricity supply customers in Montana, will be able to subscribe to the Green Power Program. There will also be an opportunity for residential customers to participate, as long as they live within a local government jurisdiction that decides to participate in the program within NorthWestern’s service territory. Residential participation will be limited by the project’s size and may vary 57 from community to community. Each participating local government will be able to allocate a portion of its subscription agreement to residents in their jurisdiction. Residential participation enables local governments to dedicate resources to additional renewable energy solutions. To participate, local governments, as well as commercial and industrial customers, will need to commit to signing subscription agreements for the depreciable life of the new renewable energy development serving the program. The depreciable life is generally around 25 years. When the project is selected, eligible residential customers will have the opportunity to subscribe once local governments have subscribed and indicated how much they have allocated to residents in their jurisdiction. For example, if the City of Bozeman committed to purchase 1 megawatt hour (MWh) of electricity over the course of the year, they could allow residents to purchase shares totaling up to 1 MWh. If residential interest totaled less than the 1 MWh, the City of Bozeman would purchase the difference and receive the environmental benefits (i.e. Renewable Energy Credits). This amount may fluctuate as residential interest varies. Cost The cost to participate in the program will depend on a few variables: the fixed costs to develop the renewable energy resource and administer the program, the floating credit representing the value of the project’s electricity on the market, and how much electricity a customer subscribes to. Preliminary modeling suggests that this represents a good value for participants and their climate goals. While premature to assign a dollar amount at this point, the lead communities will be able to model the financial impact after the PSC approves the program and again after receiving the results of the RFP. Participation in the project will be completely voluntary, and non- participants will not be subject to any of its costs. This is also known as “no cost shifting.” To achieve this, the Green Power Program must be fully subscribed for the total average annual energy production of the project. In addition, the lead communities are expected to jointly fund the cost of the RFP if it does not result in a final PSC-approved tariff. Timeline The Green Power Program will require several steps, including local approvals, Public Service Commission regulatory approvals, and a competitive solicitation to develop the project, which is estimated to take two to three years. New Renewable Energy The Green Power Program is one of the primary ways to reach 100% clean electricity for the Bozeman community. A new renewable energy development, like a solar or wind farm, will be built to serve this program. 58 Where small-scale development, like rooftop solar, may have site or size constraints, this development could be large enough to provide clean electricity to NorthWestern commercial customers and hundreds of residential customers, including renters. A project of this size can move the City of Bozeman significantly closer to our goal of 100% net clean electricity by 2030. Process Summary and Key Commitments The following table outlines the purpose of the key program forms and provides a summary of the obligations, along with outstanding topics that require further discussion. The lead communities anticipate returning to our respective Commissions for authorization to approve the Lead Community Agreement, the Notice of Interest prior to issuing the RFP, and the Subscription Form. Form and Purpose Binding?Financial Impact?Focus of Further Discussion Term Sheet – Framework of program design No No None Lead Community Agreement – Roles and responsibilities, RFP design, and issuance process Yes - to file with PSC and potentially pay for RFP Yes - RFP RFP timeline details Tariff – PSC-approved program design No Possible legal representation Pricing structure for residential customers and billing administration Notice of Interest – Non-binding load information to inform RFP No No None Subscription Form – Binding subscription for the useful life of the project Yes - to purchase energy Yes - new electricity rate Residential term and administration Constituent Engagement On June 14, 2023, the Sustainability Board held a work session, that included an overview of clean energy procurement strategies that are used in other parts of the country, along with a discussion of key considerations and local applications for the City of Bozeman. The Green Power Program was 59 highlighted as an important clean energy procurement strategy. On November 8, 2023, the draft Green Power Program Term Sheet was presented to the Sustainability Board as an action item. The Board unanimously recommended approval of the Green Power Program Term Sheet and requested staff to forward their recommendation to the City Commission. The Sustainability Board recognized the potential opportunity for the program to advance our community clean energy goals, while also expressing concern over the 50 megawatt (MW) cap on the initial phase of the program. The Board discussed the protracted timeline in developing the Term Sheet, as well as the extended timeline needed to gain regulatory approval, recruit participants, and issue an RFP prior to launching the program. The Board offered caution related to undefined provisions for ancillary services. Ancillary services are necessary to support the transmission of capacity and energy for resources to loads and include a set of rate schedules associated with regulation and frequency response and operating reserves. The term sheet references that subscribers will only be subject to incremental ancillary costs associated with the Green Power Program Resource and will be further defined in the Lead Community Agreement and Tariff. The Board expressed concerns associated with provisions requiring the lead communities to be responsible for the costs associated with the RFP if the communities do not successfully advance a Green Power Program. This is a necessary provision to adhere to the guiding principle of no cost-shifting to non-participating customers. In addition, the lead communities have initiated engagement with constituent groups who have expressed interest in the Green Power Program, including non-profit organizations, businesses, and government agencies. Overall, most groups expressed qualified support, noting concerns related to the program cap and timeline. Additionally, several groups have expressed interest in ensuring the renewable resource project includes energy storage to bring capacity value to NorthWestern's grid, as well as value to program participants. Constituent groups have commented on the extended contract term, as well as the uncertainty of the market-based credit. Potential program participants expect to see fair provisions for exiting or transferring subscriptions in the final Lead Community Agreement. Direct engagement with potentially interested parties is expected to continue as the lead communities advance the adoption of the Green Power Program Term Sheet and the Lead Community Agreement. A Green Power Program projects page will be added to the City of Bozeman website where community members can stay informed as the program develops. 60 Recommended Motion Sustainability Program Manager, Natalie Meyer will present an overview of the draft Green Power Program Term Sheet followed by a motion and vote for the City Commission to authorize the City Manager to sign the Green Power Program Term Sheet and administratively approve future minor changes. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Approval of the Green Power Product term sheet will not result in a financial commitment by the City of Bozeman, but it will advance the approval process toward a future financial commitment. While the cost of participating in the Green Power Program is expected to be minor within the City of Bozeman's utility budget, estimates of the costs and benefits of participation will be further characterized as the program develops. Attachments: Green Power Program FAQ_Bozeman_11-17-2023.pdf Green Power Program Term Sheet_11-02-2023.pdf Report compiled on: November 16, 2023 61 Updated: 11/17/23 Green Power Program: Frequently Asked Questions What is the Green Power Program? The Green Power Program (formerly known as a renewable rate option or green tariff) is a program that would allow NorthWestern Energy customers to support and benefit from a new source of renewable energy in Montana, such as a new wind or solar farm. Local governments, businesses, and residents would then have the option to subscribe to pay a special rate and receive a portion of their energy supply from this renewable energy source. By subscribing to the program, customers would pay the costs of the new renewable energy source over time and receive the benefits it produces, including the environmental benefits and the clean energy’s economic value on the market. How does this become a reality? The lead communities of the City of Missoula, Missoula County, and the City of Bozeman have been working with NorthWestern Energy for the past several years to develop the Green Power Program. Developing the program is a key strategy for these lead communities to reach their respective 100% clean electricity goals. Now, these communities have reached an important milestone by requesting their elected officials adopt the term sheet negotiated with NorthWestern. While non-binding, the term sheet serves as the framework for how the program will work going forward. If the term sheet is adopted, the lead communities will consider entering into binding agreements to submit to the Montana Public Service Commission. The Public Service Commission will then need to approve the Green Power Program before it’s available to the public. Following approval, the next step would be for the lead communities and NorthWestern to develop an RFP and solicit proposals for the new renewable energy project. Once the project is selected, local government, commercial, and industrial customers will subscribe to purchase electricity from it. Who will be able to subscribe to the program? There are two main ways to participate in the Green Power Program. Local governments, as well as commercial and industrial NorthWestern electricity customers in Montana, will be able to subscribe to the Green Power Program. Local governments, commercial, and industrial participants will commit to subscription contracts for the depreciable life of the renewable energy development, generally about 25 years. There will be an opportunity for residential customers to participate, as long as they live within a local government jurisdiction that decides to participate in the program and are NorthWestern Energy electricity customers. Residential participation will be limited by the project’s size and may vary from community to community, as each participating local government will be able to allocate a portion of their subscription agreement to residents in their jurisdiction. Residential participation enables local governments to dedicate resources to additional renewable energy solutions. How much will it cost to subscribe to the program? 62 Updated: 11/17/23 The cost to participate in the program will depend on a few variables: the fixed costs to develop the renewable energy source and administer the program, a floating credit representing the market value of the project’s clean electricity, and the size of the customer’s subscription. Preliminary modeling suggests that this represents a good value for participants and their climate goals. While premature to assign a dollar amount at this point, we will be able to model financial impact and re-engage the community after the PSC approves the program. We will review costs again when we are closer to the project development phase, as they will evolve. When can I subscribe to the program? The Green Power Program will require several steps, including local approvals, Public Service Commission regulatory approvals, and a competitive solicitation to develop the project, which is estimated to take two to three years. Within this process, there are two different times when a customer can subscribe, depending on the customer. To participate, local governments, as well as commercial and industrial customers, will commit to subscription agreements for the depreciable life of the new renewable energy development serving the program. The depreciable life is generally around 25 years. Eligible residential customers will have the opportunity to subscribe after local governments have subscribed and indicated how much they have allocated to residents in their jurisdiction. How big will the renewable energy development be? The size of the initial program will be capped at 50 MW and will be determined by how much energy local governments, and commercial or industrial customers in Montana, are willing to commit to purchasing over the depreciable life of the renewable energy development. The final project size will be selected based on that interest. Regardless of size, the program would lead to a new source of renewable energy that would not have happened otherwise. How does the Green Power Program support the City and County’s climate goals? The Green Power Program is one of our primary ways to reach 100% clean electricity for the City of Bozeman. A new renewable energy development, like a solar or wind farm, will be built to serve this program. Where small-scale development, like rooftop solar, may have site or size constraints, this development could be large enough to provide clean electricity to NorthWestern Energy commercial customers and hundreds of residential customers, including renters. A project of this size can move us significantly closer to our goal of 100% clean electricity by 2030. Will this impact my property taxes? Preliminary modeling suggests that if the City subscribes to the program, this would have a minimal impact on our utility budgets. While premature to assign an exact dollar figure at this point, initial estimates suggest a modest impact, which makes up a small portion of the overall City budget. Will my energy costs go up if I don’t participate? Participation in the project will be completely voluntary, and non-participants will not be subjected to any of its costs. This is also known as “no cost shifting.” How is this different than the E+ Green program? Right now, NorthWestern Energy’s E+ Green program allows customers to take credit for existing clean electricity that comes from solar, wind, or hydro sources from anywhere in the Pacific Northwest. This does not change how much clean electricity is going onto NorthWestern Energy’s grid. The Green Power Program is designed so subscribers can support, and benefit from, a new source of renewable energy in Montana. 63 GREEN POWER PROGRAM TERM SHEET Generally Parties NorthWestern Corporation d/b/a NorthWestern Energy (“NorthWestern”), the City of Missoula, Missoula County, and the City of Bozeman (“Lead Communities”). Purpose This non-binding document memorializes the intent and general understanding between NorthWestern and the Lead Communities for the development of the Green Power Program. Definitions Commercial and Industrial (C&I) Subscriber A Montana electric supply customer served by NorthWestern, excluding any Montana county or incorporated city or town, who receives service under Tariff Schedule Nos. GSEDS-1 or GSEDS-2 and has entered into a Subscription Agreement with NorthWestern. Community Subscriber Any Montana county or incorporated city or town, in which NorthWestern provides residential electric service, and has entered into a Subscription Agreement with NorthWestern. Green Power Program A PSC-approved tariff program designed to provide Community, C&I Subscribers, and qualifying Residential Customers with a Green Power Resource to reduce greenhouse gas emissions associated with their electricity service. This initial program will be capped at 50MW. Green Power Resource A new renewable energy supply resource (e.g., wind or solar generator, potentially paired with a battery storage system) located in Montana, and procured to fulfill the Green Power Program. This resource would be above the supply needs identified in NorthWestern’s Integrated Resource Plans. Lead Communities A sub-set of the Community Subscribers who are initiating the Green Power Program, i.e., the City of Missoula, the County of Missoula, and the City of Bozeman. Lead Community Support Agreement A contract between each Lead Community and NorthWestern that commits the Lead Community to supporting the Green Power Program tariff filing, and funding the RFP if there is not a final PSC-approved tariff for the Green Power Program. Notice of Interest A non-binding notice, submitted by a potential Community Subscriber or potential C&I Subscriber to NorthWestern, that identifies its expected load commitment in the Green Power Program. PSC Montana Public Service Commission. Residential Customers A Community Subscriber may allocate a portion of its load commitment identified in its Subscription Agreement for residential customers residing within their city/county limits. If a Community Subscriber elects to allocate a portion of 64 its commitment to residential customers, the Community Subscriber shall continue to be responsible for cost recovery of the full commitment set forth in its Subscription Agreement, including any unsubscribed, or unpaid for, residential allocation. Request for Proposal (RFP) A process that announces the Green Power Program, describes the resource requirements, and solicits bids from qualified contractors to complete the construction of the Green Power Resource. Subscription Agreement A form approved by the PSC and submitted by a potential Community Subscriber or potential C&I Subscriber to participate in the Green Power Program. The Subscription Agreement commits the Community Subscriber or C&I Subscriber to the Green Power Program. The form may vary depending on the type of subscriber and will, among other things, require a binding load commitment for the depreciable life of the Green Power Resource. Process Sequence PSC filing After execution of the Lead Community Support Agreements, NorthWestern and Lead Communities shall jointly file with the PSC seeking approval of a conceptual design for the Green Power Program tariff and the Subscription Agreements. Recruiting After issuance of a Final Order by the PSC approving the conceptual Green Power Program tariff acceptable to NorthWestern and Lead Communities, the Lead Communities will have up to 180 days to recruit potential Community Subscribers and C&I Subscribers (“Recruitment Period”) who may submit Notices of Interest to NorthWestern for participation in the Green Power Program. RFP After the Recruitment Period ends, and under the terms to be agreed to in the Lead Community Support Agreements, NorthWestern and the Lead Communities will finalize design of an RFP to seek bids for a Green Power Resource up to the aggregate load commitment identified in the Notices of Interest. NorthWestern and the Lead Communities will select the Green Power Resource as agreed to in the Lead Community Support Agreements. Revenue Requirement After the closing of the RFP submittal period, NorthWestern and the Lead Communities, under the terms of the Lead Community Support Agreements, will identify a short list of bids. NorthWestern will calculate and provide the revenue requirement and associated tariff pricing for two bids from the short listed bids. The calculated revenue requirement will include all known capital and expenses for the Green Power Resource(s) and program pricing, which pricing will be subject to the PSC’s approval through a compliance filing. NorthWestern and the Lead Communities will select the Green Power Resource from the short listed bids. 65 Submission of Subscription Agreements To participate in the Green Power Program, potential Community Subscribers and C&I Subscribers must submit their fully executed Subscription Agreements to NorthWestern. If NorthWestern does not receive Subscription Agreements totaling at least the average annual output of the Green Power Resource, NorthWestern is not obligated to offer a Green Power Program. If NorthWestern receives Subscription Agreements totaling more than the expected average annual output of the Green Power Resource, NorthWestern will allocate participation in consultation with Lead Communities. Initial Compliance Filing Upon the selection of, and successful contracting with, a Green Power Resource and receipt of Subscription Agreements by NorthWestern totaling at least the average annual output of the Green Power Resource, NorthWestern will file a compliance tariff letter reflecting the pricing for the Green Power Program for approval by the PSC. Residential Participation Community Subscribers may allocate a portion of their committed load for NorthWestern residential customers within their jurisdiction as described in the Green Power Program tariff. Additional Subscribers In the event that additional participants are identified for participation in and desire to submit Subscription Agreements for the Green Power Program after the PSC’s approval of the compliance filing, NorthWestern and the interested entities will work in collaboration to determine timing for future stages of potential growth of the Green Power Program. Annual Compliance Filings After approval of the Green Power Program by the PSC, NorthWestern will reflect appropriate changes in costs through either annual compliance filings made at the PSC (e.g., O&M and taxes) or during general rate reviews (e.g., rate base and rate of return) to assure full cost recovery and achieve the goal of no cost shifting. Resource Life If NorthWestern, in its discretion, chooses to continue operating the Green Power Resource beyond its depreciable life, all subscribers will have the opportunity to extend their Subscription Agreements for this additional operational period and will be subject to all costs and credits of the Green Power Resource associated with this extended operational period. 66 Green Power Program Concepts Marketing While NorthWestern may promote and will support the Lead Communities in promoting the PSC-approved Green Power Program, any marketing costs including costs associated with the recruitment of potential Community Subscribers and C&I Subscribers will be controlled by, and be the responsibility of, Lead Communities and other subscribers. Cost and Credits In addition to paying their otherwise applicable tariff schedule rates, Community Subscribers and C&I Subscribers will be responsible for the following costs and credits associated with the Green Power Program. • Costs: The Green Power Program tariff shall recover capital costs and all related expenses associated with the Green Power Program. • Ancillary Costs: Subscribers will be responsible for any incremental ancillary services costs for the Green Power Resource above the ancillary services cost for a non-variable resource. • Credits: The credit component of the Green Power Program includes capacity and energy credits. The calculation of capacity and energy credits will be consistent with the treatment of other resources. Cost shift Subscribers of the Green Power Program shall bear the full costs of the program to avoid shifting costs to NorthWestern’s non-subscribing customers or NorthWestern’s shareholders. In addition to paying their otherwise applicable tariff schedule rates, all subscribers to the Green Power Program will be responsible for the costs and beneficiaries of the credits defined in the Green Power Program tariff. The commitment will be for the depreciable life of the Green Power Resource. Environmental Benefits Subscribers shall receive all renewable energy credits (RECs) from the Green Power Resource(s). Miscellaneous Effect of Term Sheet The purpose of this Term Sheet is to facilitate discussion and gain agreement between NorthWestern and the Lead Communities for the development of a Green Power Program and eventual presentation of a tariff filing for such program to the PSC for approval. Further development of a Green Power Program is contingent upon several outstanding agreements, including execution of Lead Community Support Agreements; issuance of an RFP resulting in costs that are reasonable to subscribers; receipt of sufficient Subscription Agreements; and approval by the PSC of the tariff concept and tariff pricing. Filing with PSC Notwithstanding any confidentiality or non-disclosure agreement between NorthWestern and the Lead Communities to the contrary, the Lead Communities 67 consent to the filing of this Term Sheet and any related documents with the PSC in connection with its review of the Green Power Program. 68 NorthWestern Corporation d/b/a NorthWestern Energy 11 East Park Street Butte, MT 59701 _________________________ By: Its: Dated: __________, 2023 [Community information] _________________________ By: Its: Dated: __________, 2023 [Community information] _________________________ By: Its: Dated: __________, 2023 [Community information] _________________________ By: Its: Dated: __________, 2023 69 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Appoint a New Bozeman City Commissioner MEETING DATE:November 28, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:I move to appoint ____________ to the position of Bozeman City Commissioner with a term ending in compliance with Section 2.06(c) of the Bozeman Charter for the the term that will expire at the beginning of the first regularly scheduled meeting in January of 2026. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:On November 1, 2023 former City of Bozeman Commissioner I-Ho Pomeroy resigned from office. Based on the City's Charter, a vacancy in the city commission shall be filled for the remainder of the unexpired term, pursuant to state law. Montana Code Annotated 7-4-4112 states the position is considered open and subject to nomination and election at the next general municipal election, occurring November, 2025. Pending an election and qualification, the council shall, by a majority vote of the members, appoint a person within 30 days of the vacancy to hold the office until a successor is elected and qualified. On April 6, 2023, information was provided on the process for filling a vacant position. Substantively, this process is the same. REQUIRED QUALIFICATIONS FOR CITY COMMISSIONER: A person is qualified for the position of commissioner if: (i) the person’s principal residence is within the city; (ii) the person is a registered elector of the city; and (iii) meets all other qualifications of Montana law including United States citizenship. See Charter, Sec. 2.02(a); Sect. 7-4-4104, MCA PROCESS/SCHEDULE: Public participation is a critical aspect of the appointment process. As such, and considering the short time frame for appointment, we recommended a number of steps to ensure a clear and transparent process and that the public has a meaningful opportunity to participate prior to the Commission’s appointment. 70 1. The City Manager posted a notice of vacancy on Saturday, October 21st. See attached notice. The notice was posted on the City's website, posted to the City's eNotifications, distributed to various social media outlets, and published in a local newspaper. A project page on the City's website was created that includes this process and candidate submittals. 2. The advertisement required interested citizens to submit a statement of interest indicating their qualifications for and interest in the office of commissioner. See above for a discussion on legal qualifications. The statement of interest and qualifications must be limited to no more than 1000 words. 3. As Montana law requires the vacancy to be filled within 30 days, the last day for the Commission to make the appointment is December 1, 2023. To conduct the appointment at a regular meeting, the last available regular meeting prior to the statutory deadline was November 28, 2023. The Commission may schedule a special meeting to make the appointment. 4. In order for the Commission to fill the vacancy at its regular meeting on November 28th, the agenda and supporting materials must be published on Wednesday, November 22nd. Therefore, a candidate's statement of qualifications and interest must have been submitted by 5 pm, November 16th. The candidate's submittals are included in these packet materials and have been made available for the public review. All materials submitted are considered public information. 5. At the beginning of the agenda item where the Commission will appoint a new member, we suggest candidates be provided an opportunity to make a short presentation not longer than three minutes. After the presentations the Commission should take public comment and then make the appointment by motion and vote. 6. After appointment, the person appointed must be sworn into office. We suggest the taking of the oath occur immediately after the appointment is made. The person will, upon swearing in, commence their role as a commissioner. The City Clerk will file the oath of office with the Gallatin County Elections Administration as soon as possible following the taking of the oath. All applicants have been confirmed by the Gallatin County Elections Office as registered voters within the City of Bozeman. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the Commission. FISCAL EFFECTS:Minimal Attachments: Ad_for_CC_vacancy.pdf Oath of Office - TBD.docx 71 Emma Bode.pdf Roger Blank.pdf Chris Brizzolara.pdf Blake Charres.pdf Darrell Cherry.pdf Jason Delmue.pdf Mark Egge.pdf Dennis Erickson.pdf Douglas Fischer.pdf Daniel Gaugler.pdf Nathan Gracey.pdf Lauren Hill.pdf Matt Jamison.pdf Angie Kociolek.pdf Brian LaMeres.pdf Mike Long.pdf John Meyer.pdf Padden Guy Murphy.pdf Vickie Ng.pdf Brad Thome.pdf Report compiled on: November 11, 2023 72 Public Notice of Vacancy on the Bozeman City Commission And Invitation to Submit Statement of Qualifications and Interest The Bozeman City Commission notifies the citizens of the city of Bozeman that a vacancy exists in the office of a Bozeman City Commissioner. The Commission requests any registered voter of the City of Bozeman with their primary residence within city limits and who meets the requirements of holding public office in Montana, interested in being appointed to the office of City Commissioner to submit a statement indicating their qualifications for and interest in the office of City Commissioner. The statement must be no more than 1000 words and received in the Bozeman City Clerk’s office no later than 5:00 p.m. on Thursday, November 16, 2023. Candidates and information received by the Clerk after this deadline will not be considered by the Commission. Candidates mustprovide five printed copies andemail the statement to agenda@bozeman.net. The required information must be delivered to the Clerk’s office located at Bozeman City Hall, 121 N. Rouse Ave or by mailing it to: Bozeman City Clerk, P.O. Box 1230 Bozeman, MT 59771-1230. Mailed submittals must be received by the above deadline. All information submitted will be considered public information and will be available to the public via the City Clerk and may be posted on the city’s website at www.bozeman.net for public viewing on or about November 17, 2023. The City Commission may make a decision on appointment as early as the regularly scheduled meeting on Tuesday, November 28, 2023. The public is encouraged to submit comments on the process of appointment or on individual candidates to the City Clerk’s Office. You may also email comments to agenda@bozeman.net. Publish: October 21, 2023 October 25, 2023 October 28, 2023 November 1, 2023 November 4, 2023 November 8, 2023 November 11, 2023 November 15, 2023 73 City of Bozeman Oath of Office I,INSERT NAME HERE,do solemnly affirm that I will support, protect, and defend theConstitution of the United States, the Constitution of the State of Montana, and the Charter of the City of Bozeman; and that I will discharge the duties of my office with fidelity. ________________________________INSERT NAME HERECity Commissioner: November 28, 2023 - 2025 Subscribed and sworn to before me this28thday of November, 2023. ______________________________Jeff MihelichCity ManagerCity of Bozeman State of Montana)County of Gallatin)ssCity of Bozeman) On this _28th_ day of __November___, 2023, before me ____Mike Maas____ personally appeared ________________________, known to me to be the person whose name is subscribed to the foregoing Oath of Office, and acknowledged to me that he executed the same. ______________________________Printed Name ______________________________Signed Name ______________________________ Residing at ______________________________ My commission expires on 74 Dear Bozeman City Mayor,Deputy Mayor,and Commissioners, Respectfully,I submit this letter to express my interest in appointment to the Bozeman City Commission.Policymaking in local government excites me because solutions crafted at the local level,with local buy-in,are solutions that work.I am a 28 year old renter and like so many of my peers,I have experienced rising housing costs over the 10 years I have lived in Bozeman.I am deeply committed to this community and there is nothing more important to me than building connection and reciprocal relationships here in this valley. Community Leadership:I built my foundation in change making as a student at MSU where I founded Sustainability Now,a student club that established dining hall composting and advocated that MSU divest their endowment from fossil fuels.Following graduation,I organized professionally with Forward Montana as the Bozeman Field Manager.In this position,I led a community organizing fellowship program,registered thousands of people to vote,organized community actions,elevated youth voices in government,and engaged youth on local issues of housing,voting rights,and racial,economic,and climate justice.I have a proven record of making participation in government approachable and engaging with people whose voices are underrepresented in policymaking. I currently volunteer with Sunrise Gallatin Valley,a youth-led organization striving for a livable future and the creation of good paying jobs in the process.Together,we have applied pressure on the Public Service Commission and NorthWestern Energy,urging them to provide affordable and clean energy,which is critical to the City goals in the Bozeman Climate Plan.If appointed,I would bring a proven history of organizing for sustainability and climate solutions to the Commission. In 2019,the Commission selected me to join the Bozeman Climate Team where I provided valuable content in the development of the Bozeman Climate Plan.In 2021,the Commission again recognized my leadership and appointed me as Chair of the Bozeman Sustainability Board.In my two years of service,I have effectively run formal meetings and provided recommendations on Commission work plan items.I am familiar with the content of many City Plans as well as the limitations the City must navigate to implement them.Serving on the Commission would be an extension of the work I already do in this community. Data-Driven Approach:I graduated with honors from MSU earning both a bachelor’s and master’s degree in environmental science with a focus in geospatial analysis.My degree work taught me to break down complicated topics,organize and analyze data,and communicate my findings in a way that resonates with people.In my current position as a data analyst,my peers depend on me for strategic,data-driven recommendations for their programs.I will bring this lens to Commission decisions as we grapple with the complex problems facing Bozeman today. 75 How I Show Up:I value people both as individuals and for the whole we make together.I go to my community to find solutions and am accountable to my peers.I lead with curiosity, working to embrace nuance and not make assumptions.I am consistent,showing up prepared and eager to lean into difficult conversations with compassion.I lead from within a group and I build trust with followthrough.I recognize the privilege I hold as a middle-class white person,and know it is imperative that I be aware of how my culture and actions impact people with oppressed and marginalized identities.I cannot promise to do no harm,only affirm my commitment to listening deeply,making authentic apologies that take full responsibility for my actions when I mess up,and a lifetime of learning. Vision:During this time of intense change,we must first envision where we want to go in order to craft the policy needed to get there.I envision a Bozeman where residents can meet their needs,good paying jobs are abundant,and we have housing we can afford. Renters have responsive and accountable landlords.We tend to the land,support sustainable agriculture and home gardens,and protect sensitive ecosystems and key migration corridors.We conserve water,using this limited resource wisely.Residents rarely need to get into a car because there are abundant and accessible public transit options, walking paths,and safe bike lanes that are maintained,even in winter months.Our buildings are efficient and we power them with renewable energy from the grid or solar we generate ourselves.Neighbors know each other,meet regularly to build community,celebrate each other and the seasons,and support each other through hardship.All people are treated with humanity,our voices are heard in government,and we allocate resources justly.A better Bozeman is possible and we must work now to build it. The policy recommendations in the Bozeman Community Housing Action Plan,Triangle Community Plan,Equity &Inclusion Plan,Climate Plan,and Sensitive Lands Plan provide a strong road map toward the affordable,interconnected,sustainable,and welcoming community I envision.I recognize the tremendous resources these and other plans collectively represent and would work to uplift their recommendations in Commission decisions. Through my professional and volunteer service,I’ve built relationships across this community and state,worked in coalition with others,gained experience with the policy making process,and witnessed how municipal,county,state,and federal policy influence one another.My lived experience as a renter,a young person,and a woman will bring needed perspective to City decisions.I still have a lot to learn and am excited by the opportunity for personal growth in this position.Thank you for your service and thoughtful consideration of my interest in this appointment.I would be honored to join you in City leadership. In community, Emma Bode,she/her 76 From:Roger Blank To:Agenda Subject:[EXTERNAL]Application for Vacant City Commission Position Date:Tuesday, November 14, 2023 3:59:49 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman City Commission 121 North Rouse Avenue Bozeman, Montana 59715 Re: Roger Blank / Application for vacant City Commission position To the esteemed Members of the Bozeman City Commission: I am uniquely qualified to serve as Bozeman City Commissioner in the seat previously occupied by I-Ho Pomeroy. In the just-completed election cycle, I made a first-ever run for elective office in Bozeman. With no connections, no prior name recognition, no campaign staff and a minimal budget, I ran against an enormously popular and respected veteran opponent. I received greater than one-fourth of all votes cast. Despite being a relative newcomer to Bozeman's city government community, my qualification to serve hasn't gone unnoticed by the Daily Chronicle's Editorial Board, which recently remarked, "Blank's willingness to enter the fray of municipal politics and work to better his chosen home is commendable. He would bring a different mindset and fresh ideas to the commission." My public positions are a matter of public record and known to most on the City Commission. Professionally, I possess 25 years of top-tier experience and a solid record of results as an attorney working in criminal justice and law enforcement. In past positions, I served as Assistant District Attorney in Bronx County and as a Special Prosecutor for over 40,000 uniformed member New York City Police Department, wherein I prosecuted uniformed police officials for corruption and official misconduct. I subsequently established a criminal defense practice through which I advocate for and defend members of the public, including police officials wrongly accused of criminal conduct or violations of NYPD regulations. I also operate a civil practice, where I pursue actions for those whose constitutional rights are violated and advise medical professionals on the administration of their practices to ensure state and federal compliance. I am admitted in state and federal courts, and before the United States Supreme Court. My interest and intent in pursuing elective office and in seeking appointment to the vacant Commission seat is to preserve and protect the Bozeman that I found when I first relocated here, a city unlike any other, in any other place. I bring a unique perspective to a position for which some are called to serve, but not all are qualified to hold. While some of my views will certainly align with those of other members of the Commission, they will always align with those I serve; the citizens of Bozeman. My positions on both the short-term and long-term issues Bozeman presently faces have been widely reported. I believe the UDC, Bozeman's roadmap for the next decade and beyond, is paramount and must reflect the needs and values of the people. I applaud the Commissioners' decision to table its adoption pending expanded public engagement and input. If appointed, public outreach will comprise a core component of my service, not only where the UDC is concerned, but for all key issues affecting Bozeman citizens. 77 Concerning affordable housing, I have developed a combined market-oriented and collaborative public/private approach to resolve this controversial and complex issue. I presented this during the campaign and would seek to pursue through the Commission. On the subject of downtown parking, I have proposed a solution, subsequently profiled in the Daily Chronicle, thatwill concurrently serve the interests ofour businesses, their employees and Bozeman residents, while simultaneously generating revenue for the city itself. Perhaps most controversial, I disagree with the recently passed ordinance governing so-called 'urban campers',which resulted from a negligent andfundamentally flawed legal analysis provided by the City Attorney to the Commission. This untenable ordinancederived from the City Attorney’s negligence subjects Bozeman to substantial exposure, most notably in the form ofmultiple civil lawsuits against the city. There is, however, a middleground that can address the interests of the business community litigants, the residents whose quality of life isadversely impacted by the campers, and the urban campers themselves, who stand to benefit from a sensible, city-sponsored solution. This issue will inevitably be revisited and it is imperative thatBozeman voluntarily embrace an effective, lawful approach when it does, lest a judicial solution be forced upon thecity at considerable taxpayer expense. A critical issue that demands realistic response is water usage. Conservation is not enough. Water capture capacitymust expand in step with Bozeman'spopulation growth. Bozeman must face the fiscal and scientific realities associated with urban growth and watersupply. To ignore it or hold to a false belief that conservation is the answer amounts to dereliction of duty in servingthe needs of the public. Additionally, under Montana law, the City’s Charter is up for review. Last revised in 2004,the City Charter is deficient and lags perilously behind two decades of economic evolution, population growth andurban expansion. Finally, where law enforcement is concerned, in response to population growth, Bozeman must adapt its publicsafety measures relating to all categories of criminal activity, including drug interdiction, gang development,domestic violence and sexual assault. My extensive law enforcement experience is particularly relevant inaddressing this important issue. The Commission has an obligation to fill its vacancy in a manner that best serves the needs of its citizens. Bozemancannot afford to deprive taxpayers of new ideas and innovative solutions to problems that must be addressed, normay it simply ignore or dismiss more than a quarter of the voters who spoke so clearly and unequivocally onNovember 7th in casting their ballots for me. It's important to remember that qualifications alone do not determinesuitably for holding elective office. Running for office and seeking the vote of the people is evidence that onepossesses the energy, drive and enthusiasm to do the job. My experience demonstrates I am uniquely qualified toserve as City Commissioner. My recent campaign establishes I have the requisite stamina and want to do the job.And this year’s election results are proof that greater than one-fourth of Bozeman voters have chosen me torepresent them in city government. In selecting an individual to fill this vacancy, the Commission must respect thedemocratic process. Appointing me to serve out the remainder of former Commissioner Pomeroy's term respectsthat process. To select someone with lesser credentials, who has expressed no desire to run for elective office andwho lacks the support of Bozeman voters would do nothing more than disenfranchise a substantial portion of theelectorate. Thank you for your consideration. Very truly yours, Roger Blank2201 Baxter Lane, Suite 10295Bozeman, Montana 59718 78 COVER LETTER October 5th, 2023 chrisbrizzolara@ymail.com Dear Bozeman City Commission and Fellow Citizens, I am applying for the vacancy seat on the City Commission and believe that I have the previous experience and qualifying education, the personality, the necessary skills, as well as the drive and work ethic to succeed in the role. Relevant previous experience that will translate towards my future success in the role, if accepted, would include my a master's degree in Architecture at Montana State University (expected in December 2023), as well as la Universita di Roma's degree (2018- 20). At both universities I studied affordable housing and designed 2 different affordable communities. I was also a teacher's assistant at Montana State for Structural Engineering, and won the School of Architecture Leadership Scholarship, as well as attended the Graduate Leadership Academy for further leadership and team building training. My previous professional careers - designing models, making video tours, and drafting layouts for custom homes in Missoula and Bozeman; plus teaching construction while leading crews in Montana and the British Virgin Islands; and then also, teaching snowboarding in Steamboat and Australia - have all taught me almost everything that will help me succeed as a new team member. I understand if accepted, I will not only be joining the team of the City Commission but will be under the guidance of both the Mayor and the Deputy Mayor, and look forward to working with everyone including them. My motivation to pursue this position also boils down to the fact that I can help solve the housing crisis. I have the knowledge and ability to begin offering affordable housing investment opportunities, as well as creating bonding projects to build more for the working class by creating local partnership agreements once appointed. I also have creative solutions to address many of most concerning issues like for instance my proposal for a trailer park ran by the HRDC to help with Urban Camping. We cannot turn our backs on our most vulnerable Americans, and we can help as community. Most importantly we need to roll back taxes on homes. If you live in Bozeman, you should have to pay taxes on what you bought your home for (but adjusted for inflation). And I support our Mayor Cyndy Andrus who said last June she would consider hosting a vote on banning AirBnBs. https://youtu.be/mh-IJvnYGKo BOZEMAN CITY COMMISSION COMMENT Thank You, 79 EDUCATION OBJECTIVE • 2021 - 2023 Master's of Architecture - Expected Montana State University 8 Credits until graduate in December 2023 Thesis - Affordable Housing Subdivision Proposal • 2018 - 2020 Master's of Architecture la Universita di Roma 2 Year Master Degree; earned 107/110 Thesis - Affordable Housing Community Design • 2010 - 2014 Real Estate & Construction Management Bachelor's Degree Ohio University 4 Year Undergraduate Degree ; GPA 3.3 Studied at the Loyola Rome Center Spring 2013 • 2023 - Structural Engineering Teacher's Assistant Montana State University ; FAIA Andy Vernooy I am an adventurous, hard- working American, that is applying for the vacancy seat on the city commission. I have previously ran for Mayor on Affordable Housing, $22 an hour minimum wage, and making our own diesel and gasoline from CO2 via Carbon Engineering. I believe in complete transparent democracy. I have not, and will never, take any donations and represent the younger generation of this community. However I will govern for our elders because Bozeman is for everyone! ACCOMPLISHMENTS • 2022 - 2023 MSU School of Architecture Scholarship for Leadership & Civic Duty. • 2022 - 2023 Graduate Leadership Academy Member. • 2010 Rocky River H.S. Won Best Sense of Humor. MSU • 2018 - 2023 Biotecture Academy Earthship Biotecture in Taos, NM Thesis - Earthship-Inspired Haitian School & Hurricane Shelter. Entered it into a Design Competition as well. + 9 More Designs. • 2020 - 2021 Buildings as Sustainable Energy Systems Professional Certificate Delft University of Technology - Netherlands 1 Year Post-Graduate Online Program Energy Demand in Buildings ; Energy Supply Systems for Buildings ; Comfort and Health in Buildings ; & Efficient HVAC Systems • 2006 - 2010 High School Diploma Rocky River, OH https://bozemanbybozeman.wordpress.com/ WEBSITE 80 • 2021 - Independent Draftsman & Carpenter RMHMR LLC - RM Homes, Models, & Renderings Certified LEED Green Associate (2020) Experience in modeling, drafting, and carpentry. • 2016 - 2021 Carpenter, Teacher, & Camp Counselor Private Comapny in Bozeman, MT Worked at: a Bozeman Farm, Virgin Gorda in BVI, Blackfeet Reservation, & the N.Cheyenne Rez. • 2016 - 2018 Independent Carpenter Steamboat's Rocky Mountain Contractor LLC Completed Foundations, Framing, & Roofing. Certified ICC National Residential Contractor. • 2014 - 2018 Snowboard Instructor Steamboat Ski Resort, CO + Perisher, Australia AASI Cert II Snowboard Instructor, Child Specialist II + Freestyle I Earned. WORK EXPERIENCE 2021 MAYORAL BID Website: Best Interview: SUPPORTING LINKS • 2023 MSU Thesis on Affordable Housing Part I of IV https://shorturl.at/fstST 3D Model Portfolio: https://3dwarehouse.sketchup.com/by/brizzolara Video Portfolio: https://www.youtube.com/@rmhmrllc1152/videos Google Map Tour of BVI Project: https://shorturl.at/chEGU • 2023 - Restaurant in Bozeman, MT Prefer to keep privacy by not releasing name. • 2022 Competitive Bid for Affordable Housing Proposal https://shorturl.at/ahqwR • 2022 Single Family Home Model https://youtu.be/VXmpqxhFCHE • 2022 School Assignment Construction Set https://shorturl.at/dwEHS • 2021 Cabana Design Built Project https://youtu.be/rikwBrUEFbY • 2021 HRDC Trailer Park Proposal https://shorturl.at/bhrE0 • 2020 U di Roma Sub - Division Thesis https://shorturl.at/czD13 • 2019 Haitian School & Hurricane Shelter https://youtu.be/FEVcLITiqy0 https://bozemanbybozeman.wordpress.com/ https://youtu.be/23YvJbNyJ3c Proposed 46 Affordable Housing Proposals, $22 an hour, & Clean Energy. As well as a new Welcoming Center for Migrant Children via a Hotel Retrofit to help Texas & the Children. • 2023 - Infinity Gardens - A Botanical Community Garden in Bozeman Geothermal HVAC, Rammed Earth Northern walls, and Solar Glass to turn the building Net Positive. ANY EXAMPLE PROJECT https://youtu.be/ZO7od5u2eDE Bartender & Waitor 81 Blake Miguel Charres 1297 N 25 Ave, Bozeman MT, 59718 Blake.charres@gmail.com 609-647-0868 11/15/2023 Dear Members of the Bozeman City Commission, I am writing to express my sincere interest in serving as a member of the Bozeman City Commission. Having closely followed the city's growth and development, I am inspired by the changes that have taken place and am eager to contribute to the continued progress of our community. Coming from a Hispanic and Arabic background I believe in diversity, not solely based on the color of a person’s skin, but by the richness of their character. I am also proud to highlight my eight years of service in the United States Marine Corps as a foundational aspect of my character and work ethic. During my time in the Marines, I honed essential skills such as leadership, discipline, and adaptability, which I believe are integral to effective public service. My military experience has instilled in me a deep sense of duty and a passion for contributing to the betterment of the communities I am a part of. Beyond my military service, I have actively engaged with local communities through volunteer work with the Human Resources Development Council (HRDC) and civic activities. I have worked at the Bozeman Warming Center as overnight staff for 10 months and appreciate the complexity of the City’s homelessness crisis and I am deeply invested in Bozeman's growth and prosperity. Working at the Warming Center has provided me with valuable insights into the pressing issues facing our community, including housing insecurity, mental health, and access to essential services. I am committed to advocating for inclusive policies that address these challenges. As well as improve the quality of life for all Bozeman residents in a manner that keeps the taxpayer first in consideration. I am passionate about Bozeman's future and have a vision for a city that is sustainable, inclusive, and vibrant. I am dedicated to working collaboratively with fellow commissioners, city staff, and residents to ensure that our community continues to thrive. The values instilled in me during my time in the Marine Corps, including honor, courage, and commitment, continue to guide my actions. I am dedicated to serving the Bozeman community with the same level of integrity and dedication that I brought to my military service. I would welcome the opportunity to discuss my candidacy further in an interview. I am confident that my passion for Bozeman, coupled with my skills and experiences, make me an excellent candidate for the City Commission. Thank you for considering my application. I am eager to contribute to the continued success of Bozeman, and I look forward to the possibility of serving as a member. Sincerely, Blake Miguel Charres 82 October 24, 2023 TO: The Selec�on Commitee to replace Commissioner Pomeroy FROM: Darrell G. Cherry RE: Considera�on for replacement of Commissioner I-Ho Pomeroy Dear Commissioners, I would like to be considered to be appointed to the vacated seat of Commissioner Pomeroy. Though the circumstances for the Commissioner leaving the posi�on are terrible, she is in my thoughts and prayers, and I wish her the very best. The reason I feel that I would be a good candidate for this posi�on stems from my background and my passion for Bozeman. I am approaching my tenth year as a Bozeman resident and spent a good amount of my �me here working as the Chief Opera�ng Officer for the Ridge Athle�c Club, handling all cases involved with the finances, public rela�ons, and member rela�ons with this 14,000 member, mul�- million dollar facility. My past experiences have included being the Execu�ve Director of the third largest hospital based health facility in the country (at that �me), where I performed a $1.2 million turnaround within a 12-month period. I have been labeled a “change maker” in my past and am passionate about making sure that decisions that are made are made with the best interests of all par�es in mind. I have atended numerous Commission mee�ngs in the past and I understand that the changes in Bozeman need to have the interests of all par�es, the environment, fiscal considera�ons, and our ci�zens at the forefront. I feel that I would be the person who, working with the Mayor and other Commissioners, could help usher in these changes to improve our community in the wisest way possible. I am currently on the Board of Directors for the Galla�n Valley YMCA and passionate about bringing programs to our community, par�cularly the youth of our community, through this worthy organiza�on. I am also a US Navy veteran, receiving mul�ple accommoda�ons while serving aboard the USS IOWA and within the Naval Reserve. I am also recovering from a disability, which provides me with ample �me to take care of the du�es of this appointment. I ask that, with this leter, you consider appoin�ng me to this open chair on the commission. I am sure that you will find that I will be able to assist you in helping to ensure that the city is able to accomplish smart growth within our community and to con�nue to make Bozeman a part of the Last Best Places to reside in our great state. Sincerely, Darrell G. Cherry 894 Ferguson, Bozeman, MT. 312-810-4292 83 To: Mayor Andrus, Deputy Mayor Cunningham, and Commissioners Madgic and Coburn From: Jason Delmue Date: November 16, 2023 Re: City Commission Vacancy Dear Mayor, Deputy Mayor, and Commissioners: Not that anybody can replace Commissioner Pomeroy’s joy and posi<ve spirit, but please accept this as my applica<on to fill the open seat. For years I have contributed to our community, and I believe, given my experience and knowledge, that I can hit the ground running to con<nue the progress on the difficult issues that you, the professional staff, and the greater community have been making. Maybe it was the example set by my dad, who always made sure to check on and help out his aunts and uncles in their later years, that ins<lled in me the impetus to contribute. During winter, I am fana<cal about snow removal from the sidewalks at my house and project so that people of all ages and abili<es can pass safely. During summer, I carry a 14” folding saw in my mountain-biking backpack to cut blown-down trees from across trails. I have also contributed for many years in a formal capacity with the City. For around 15 years, I served on the BABAB and was its chairperson at the <me it was consolidated into the Transporta<on Board. During that tenure, I became familiar with the Transporta<on Master Plan as well as the City’s budget process, including the CIP. I learned that the best transporta<on plan starts with good land use planning. More recently, I have been serving on the Community Development Board. Even prior to my appointment, I followed and par<cipated in the current evolu<on of our community’s land-use policies, including the recent mul<-phase planning and implementa<on effort involving the Community Housing Needs Assessment, the Community Plan 2020, the Community Housing Ac<on Plan, the UDC Affordable Housing Assessment, and the draV UDC Update. Having been a par<cipant since 2007 in the process of conceiving of, applying for approval, and then construc<ng and maintaining a few small-scale residen<al infill projects, I have a working understanding of the City’s past and current land-use regula<ons. As a general nerd about governance and smart growth, I have also watched most of the City Commission mee<ngs going back several years and have familiarity with, among other things, the community’s commitment to and progress toward sustainability and DEI. Now, with a vacancy on the Commission, I see an opportunity to further contribute using the insight gained from my service and involvement discussed above. I strive to bring prepara<on, collegiality, and crea<vity in researching, understanding and delibera<ng the complex issues facing our community. I am looking forward to the eventual emergence of the various nodes around town, as set forth in the Community Plan, to provide neighborhood-scale commercial 84 offerings for nearby residents to sa<sfy daily and weekly needs by walking or riding a bike. I am also op<mis<c about opportuni<es to improve our area’s transit system now that Bozeman has become a metropolitan planning area. I believe that I will be able to contribute immediately, con<nuing the progress on your current Strategic Plan of two years ago and par<cipa<ng in the establishment of the next one. I share the commitment of the Commission and the City’s professional staff to keep striving for progress on the affordable housing crisis facing the City’s workforce. For reasons of both social jus<ce as well as smart growth, I agree with the City’s collec<ve priori<za<on of this issue, including working with non-governmental partners. I was heartened to see, in the Commission room on September 12th, David Fine’s presenta<on to the Commission about the mul<-faceted efforts and progress along most of the housing spectrum, from emergency shelter to transi<onal housing to various levels of affordable housing to entry-level for-purchase housing. I think an important perspec<ve that I can bring to the Commission is an apprecia<on of the value and dignity of all who work in our community. Our family’s modest household growing up occasioned me to have to work early and oVen. As a kid, I started to help when the family would go to the woods to cut firewood and split it for weeks aVer we got it home. In fourth grade, I got my first job outside of the house as a paper boy (365 days a year, in every weather condi<on). When I was fourteen, I started working at Liale Caesar’s aVer school, in the evenings, and on weekends (s<ll delivering newspapers in the morning). I worked through the rest of high school and college. In the more recent past, on my own construc<on projects or helping my friend and builder on his other projects, I do plenty of unskilled labor and work with and among members of the skilled building trades. I believe that everyone working for our community should have the opportunity to affordably live in our community. If I am selected to fill the Commission vacancy, I believe I can contribute in several ways. My educa<on in accoun<ng ins<lled a me<culous aaen<on to the systema<c building up from the founda<onal level. My educa<on in law, refined by clerking for a U.S. District Court judge and then one on the Ninth Circuit Court of Appeals, allowed me to hone rigorous research and analy<cal skills. My years in private prac<ce of law required me to develop skills essen<ally in triage – determining a course of ac<on that balanced several factors or limita<ons including importance, effec<veness, <me, and budget. And my collec<ve legal experience gives me a disciplined understanding of the criteria, imposed by Bozeman’s municipal code and the MCA, underlying many of the decisions that come before the Commission. Incidentally, I also will fit into a gap along the age spectrum of the Commission. I always say that dominoes of luck were lined up for me in 2001: Fortuitous circumstances brought me to Bozeman as well as pushed me to buy an affordable starter home (back when there was such a thing). Sadly, unfortunate circumstances now line up against our City’s workforce. I believe that I have the knowledge and understanding to immediately contribute toward progress on that front and the other nuanced issues facing our community. 85 Mark Egge 1548 South Grand Avenue Bozeman, Montana, 59715 November 16, 2023 Madam Mayor, Mr. Deputy Mayor, and Commissioners— I write to apply to be appointed to Commissioner Pomeroy’s vacated seat. By this letter I present my experience and qualifications. Professionally, I work in transportation planning, producing information and digital tools that improve decision making among the public sector agencies that build and maintain America’s roads. Locally, I’m a frequent volunteer in the community, including as a longstanding volunteer with GVLT. I served as the outgoing chair of the Bozeman Parking Commission and as a member of the Planning Board during the drafting and adoption of the current 2020 Bozeman Community Plan. I currently serve as a member of the Governor’s Housing Task Force and chair the Gallatin Valley Urban Transportation District (Streamline) board. My vision for Bozeman is to be a sustainable city with hard edges, surrounded by functioning open lands, where all are welcome and where individuals of all economic circumstances can remain and thrive. My application to join the City Commission is supported by a track record of consistent—and contributing—involvement to the city’s policy making. Examples where I claim meaningful contribution in current or proposed city policies include, but are not limited to: ● Separating Type 2 Short-Term Rentals between occasionally rented primary- residences (Type 2a) versus standalone dwellings such as ADUs (Type 2b); ● Re-envisioning of the future of Kagy Boulevard from a high-speed car thoroughfare to a multi-modal grand boulevard; ● Simplification (in the draft UDC) of parking requirements for commercial areas and creating surface lot parking maximums; ● Strengthened language in the Bozeman Climate Plan regarding compact development and promoting walking, biking, and use of transit; and, 86 ● Increasing the capital funding for annual bike path improvements (STR20) from $50,000 to $100,000. As a conservationist, I have consistently advocated for policies that reduce Bozeman’s environmental impact by a) expanding transportation choices to reduce-vehicle related emissions; b) promoting compact development to reduce water and energy use while creating and preserving housing that meets the needs of Bozeman’s middle and working classes; and c) preventing sprawl while supporting walkable neighborhoods and avoiding land conversions that contribute to expedited carbon loss. The strength of any public body is built upon its diverse and representative make-up. Housing policies are strengthened under the current commission, which represents both homeowners and renters; similarly, better transportation policy will result from greater representation of an active transportation perspective. For years I have made bicycling, walking, and Streamline my primary means of transportation for in-town travel both as a values-driven choice to reduce my climate and congestion impact and—as an experiential learner—to develop a first-hand understanding of the challenges and opportunities in navigating Bozeman by bike, foot, or bus. The city’s planning documents are unanimous in their call for more participation in active transportation. My lived experience speaks to two demographics in Bozeman: those who already live a car-light lifestyle, and those who would if active modes were safer and more convenient. Progress is often achieved through coalitions of unlikely allies. As an advocate for better transportation options, greater housing choices, and a more resilient community, I have worked with Republicans, Democrats, Libertarians, and Socialists, and know the efficacy of such collaboration. Our present challenges require the creativity and ingenuity of smart individuals across our community and I’m proud to point toward my track record of working effectively with those who hold different world views from my own. If appointed, I promise: ● I will do the work. I will arrive at the commission meetings prepared, including seeking input where there are gaps in my knowledge or understanding. ● I will treat each person with whom I interact as a member of this body with respect and kindness. ● I will commit to strengthening participatory local decision making. I understand that policymaking and change is driven by the values and vision of the community and is 87 often a slow and deliberative process. I commit to supporting the process, which is every bit as important as the outcome. ● I will engage with and learn from community members who have different perspectives and experiences from my own and my views will change as a result. ● I will improve in each of these pledges with experience and your mentorship. I am aligned with and prepared to work on the commission’s remaining identified strategic priorities. Renewable energy, sensitive lands, wetlands (I recently co-wrote a policy paper for Nebraska DOT on compensatory mitigation strategies), water conservation, and development rules are all topics of importance and interest to me. As someone who works with MPOs on a daily basis, I can help guide the establishment of an effective MPO. I chose to live in Bozeman in part for its strong connection to the natural world. In my personal life I enjoy endurance-oriented outdoor pursuits and have managed podium finishes at regional events including the Bridger Ridge Run, the Crazy Mountain 100 ultramarathon, the Butte 100 mountain bike race, and the Shedhorn ski mountaineering race. I mention these accomplishments to illustrate part of the “why” behind my deep connection and commitment to the region and the environment but also as evidence of my ability, passion, and excitement to set goals and put in the disciplined work necessary to achieve them. These endeavors require hard work and a measure of grit—I expect no less of service on the commission, and plan to bring my all. Three weeks ago, the Urban Land Institute presented a clear message to Bozeman, Belgrade, and the county: “Stop planning. Start doing.” The Advisory Services panel praised the quality of our existing adopted plans—and urged action to implement the plans them. If selected as your peer, I believe I can help the commission accomplish more in the next two years, benefitting from my existing relationships, knowledge of and alignment with the city’s adopted plans, and understanding of the policy making process. I'm ready to help push implementation into high gear and offer my time, energy, and passion for this community in support of this timely and important work. Sincerely, Mark Egge 88 November 13, 2023 Bozeman City Commission 121 N. Rouse Avenue Bozeman, MT 59715 Re: Filling vacated commission seat Commissioners, I respectfully submit my application to fill the vacated commission seat and offer these qualifications for approval: I hold a B.A. degree in journalism from the University of Montana and have excellent communication skills both orally and written. These skills could be useful in creating and implementing a comprehensive and transparent communication outreach to the public. I’m past chairman of the Bozeman Chamber of Commerce Board of Directors. This experience showed me the disconnect between the business community and the City of Bozeman. I have a plan to engage local business leaders to achieve City-wide goals regarding housing and economic development. I’ve been a commercial and residential real estate broker for 38 years including ten years in Denver as an apartment brokerage specialist. I have a deep understanding of the market metrics that drive affordable housing efforts and can offer access to the commission to better data resulting in better decisions going forward. I’m currently involved on a pro-bono basis finalizing an affordable housing project of 16 to 20 units in my hometown of Roberts Montana. The buyer and seller were in conversations for two years prior to my entrance into the conversation with neither party able to conceive of a way to make the project viable. By using my experience and training as a commercial broker I was able to find a way to allow the seller to reduce his asking price using tax incentives offered for affordable housing projects and to manage pricing of the project to make it feasible for the purchaser to move forward. I believe better data is needed by the commission to avoid overbuilding of market rate housing units in the city resulting in an inevitable market decline in the next five years due to overbuilding. I also think there are ways to create truly affordable housing units for Bozemanites that have not been utilized. In short, I offer experience, training, a non-political viewpoint and the willingness and ability to work hard to help Bozeman be even better than it is today. I love our town and the people in it. As a native Montanan I would be honored to serve my city and my state. Sincerely, Dennis M, Erickson 113 Gallatin Drive, #D. Bozeman, MT 406-579-8967 mthomefinder@gmail.com 89 90 1410 S. Montana Ave. Bozeman, MT 59715 Nov. 16, 2023 Bozeman City Commission 121 N. Rouse Ave. Bozeman, MT 59715 re: Application for the City Commission seat To the Commission: I love my work as a trustee of the Bozeman School District. I'm part of a high-functioning board that has earned the community's trust. Together, we’re focused on our mission: Providing an excellent education that ensures every student can succeed in our fast-changing world. This trust did not come easily. It's the result of hard work, a strong culture of excellence, and a willingness by board members to check individual agendas and keep kids at the center of any discussion or decision. After three terms on the school board and 13 years as a Bozeman resident, I feel connected to this city. My wife's family history here, especially her grandfather Rolly Renne's legacy as the sixth president of Montana State, deepens that connection. As importantly, her grandmother Polly was a Bozeman native who fought for wilderness protections. I’m seeking a seat on the City Commission because I value the city’s vision of a community that remains safe and inclusive while fostering civic engagement and creativity, a thriving diversified economy, a strong environmental ethic, and a high quality of life as Bozeman grows and changes. I'm motivated to join the Commission because I believe trust in our city government needs strengthening. We face many difficult challenges, not unlike what the school district has faced during my tenure. I have learned how to build consensus and community trust – skills I hope to bring with me to the Commission. 91 I have been through the Covid wars, the mask wars, the fight over critical race theory. In 2021, in a crowded, contentious schools election, I emerged as the top vote-getter in a field of nine candidates, with 8,395 votes. I was on the board when we proposed – and voters approved – the largest bond issue in Gallatin County history, a $125 million proposal to build Gallatin High and renovate Bozeman High. I know what it takes to build the support necessary to pass essential bonds and levies. I bring no expertise – nor agenda – on zoning, affordable housing, community development. Instead, I've learned from leaders like Carson Taylor the importance of acting as a bridge between residents and city experts. This approach ensures everyone's needs and visions are understood and met. Keeping our focus on the big picture – cultivating a thriving, diverse economy and ensuring a high quality of life – is what I believe leads to success. My commitment to Bozeman is long-term. I’m about to mark my second year on the city Sustainability Advisory Board. Before that I served on the Bozeman Area Pedestrian and Traffic Safety Commission. My wife, Stephanie Ewing, teaches soil science at Montana State University. We are proud parents of two Bozeman public school graduates. Our youngest, Phineas, is at Montana State, making his mark on the Bobcat Nordic Ski Team. I lead a Bozeman-based nonprofit, Environmental Health Sciences; my professional life is dedicated to bridging science and policy, emphasizing the importance of informed discussions on our environment and health. I'm motivated to join the Commission because I believe that trust in municipal leadership is essential if Bozeman is to navigate the growth and challenges ahead of us. I’ll bring a commitment to consensus and a focus on mission. I look forward to the opportunity to contribute my experience, passion, and dedication to collaborative leadership to the City Commission. Thank you for considering my application. Sincerely, Douglas Fischer 406-600-8469 92 Statement of Qualifications and Interest for Bozeman City Commission Seat I am writing to express my interest in being appointed to the vacant seat on the Bozeman City Commission.As a dedicated and long-term resident of Bozeman,I bring a wealth of experience,a commitment to ethical leadership,and a proven track record of working collaboratively with local businesses and citizens. Bozeman is not just a location for me;as a Montana native and MSU graduate it's a privilege to call this vibrant and picturesque town my home.It is hard to not recognize the unique beauty that surrounds us—majestic mountains,diverse wildlife,pristine water, and exceptional neighborhoods and small businesses that make it so.We reside in a place that is like no other.However,I am acutely aware that we should not take these qualities for granted nor is the privilege of living here universally accessible as many struggle to afford living in the town where they work. The events of the last few years have underscored the extensive challenges our community faces.Bozeman's increasing popularity has put a strain on our ability to protect public health,provide sufficient housing and services to meet the growing demand,and preserve the things that make Bozeman special. Some believe that Bozeman is lost,but I believe that with careful consideration of ideas and policies we can sustain efficient development,protect our neighborhoods and address the needs of our community and neighborhoods.Through community involvement and intentional policies we can encourage the things that will create a sustainable future that includes water and energy conservation,active transportation,open spaces,desirable neighborhoods,the protection of our personal health and natural resources. As a member of the Bozeman City Commission,I would be committed to working collaboratively with fellow commissioners,community stakeholders,and citizens to implement policies that prioritize sustainable growth,inclusivity,and the well-being of all residents.By fostering a community that embraces thoughtful planning,we can navigate the challenges of growth while preserving the unique qualities that make Bozeman a cherished place to call home.I am dedicated to contributing my skills,experience,and passion to ensure Bozeman continues to thrive as a community that is welcoming, sustainable,and accessible to all. 93 Experience I have that can help me as a city commissioner Professional Experience: My professional background as an executive business leader positions me as a candidate well-versed in understanding the needs and challenges faced by our local businesses. Through my roles at Shift Paradigm and PFL,I have consistently demonstrated my ability to collaborate with executives,identify business challenges,build a strong culture and implement strategies for growth. Community Involvement: My commitment to Bozeman goes beyond my professional endeavors.As a founding Board President of a local homeowners association (HOA),I successfully implemented governance measures and managed the association's affairs,turning it from a deficit to a position of financial stability.This experience has afforded me a comprehensive understanding of community dynamics,zoning issues,and long-term planning—skills directly applicable to the responsibilities of a City Commissioner. Local Residency: I have called Bozeman home since 1999,when I began college at Montana State,giving me a deep and personal understanding of the community's history,values,and aspirations.During this time I have had active participation in city commission meetings as an HOA board representative and private citizen.Beyond local government,I have volunteered with local non-profits Prospera,and Montana High Tech Alliance to support our local businesses;and with the Gallatin Valley Dinosaur Playground,Alpha Gamma Rho (my college fraternity)and in our schools to give back and improve our community. Ethical Leadership: Throughout my professional and community service,I have consistently demonstrated a commitment to ethical leadership.Integrity,transparency,and a focus on community well-being have been foundational principles in my approach to every role I have undertaken. I believe that the local government has a key role to play in Bozeman’s future and believe that my professional expertise,community involvement and leadership experience makes me a strong candidate for the vacant seat on the Bozeman City Commission.I am eager to engage with the citizens,and bring my skills and passion for Bozeman's continued prosperity. Thank you for the opportunity and your consideration, Daniel Gaugler 1588 Boylan,Rd. Bozeman,MT 59715 94 Nathan Gracey (530)386-5573 nathangracey@gmail.com 1169 Forestglen Drive, Unit B Bozeman, MT 59718 11/16/2023 Statement of Interest for Bozeman Commissioner 2023 Distinguished City Commissioners, My name is Nathan Gracey. I am a senior at Montana State University. I am majoring in Environmental Studies. I am 22 years old. I can already feel typing this the negative feedback one in my position would receive attempting to join the city commission. Despite my age or arguable lack of experience, Bozeman needs representation from the younger generation. I can offer a fresh and modern perspective that brings my experience and education to help provide my duty to the residents of Bozeman. I grew up in the Lake Tahoe area of the Sierra Nevada's. A small mountain community that was extremely heavily affected by tourism. As I grew from exploring the woods to working all the common seasonal tourist jobs to finishing high school, I witnessed a land I love to be divided between development and communities, second homeowners and locals, and conservation groups and natural resource interests. I saw a place change so profusely in a handful of years that it helped me learn and understand how change and community involvement occur. I have seen and understand the different aspects of community development and land use problems on a scale like Bozeman. I wish to lend my hand, opinion, ear, and heart to the people of Bozeman. One thing I’ve always disliked about politics is the extremely disproportionate representation of young individuals. If we were fair in our choice of political positions, we would see a significant increase in college-age individuals and even high school students being represented. What you might call my lack of experience I would label as misrepresentation. In my eyes, experience doesn’t matter as much where values and representing our constituents overcome it in importance. The average age of Bozeman is below 30. The average age for the commission is well above 30. I understand I would be signing up for a steep learning curve, but I feel well equipped for the challenge based off my coursework and work experience in Bozeman. I have been an intern for Montana Public Interest Research Group where I actively learned and participated in state politics and learned significant and valuable information and skills on community development and engagement. I spent a large portion of my recent summer on a bicycle traveling from Canada to Mexico, where I traveled through hundreds of towns and cities and engaged and interacted 95 with community along the way and learned in depth issues that are common surrounding urban transport and development. This experience helped me see similar problems faced around the west and how they are being tackled. My most recent internship is a communications position at Cottonwood Environmental Law Center where I have been working under John Meyer. Through this I have even furthered my community engagement experience and have played a crucial role in the engagement and outreach side of conservation. Being an environmental studies major, I have taken an array of classes sitting under the major umbrellas of public policy and environmental science. A few courses I have taken that benefit me for this position are: Economic Way of Thinking, Urban Geography, Issues in Sustainability and Energy and Sustainability. In terms of policy, I think development is necessary but must be sustainable, I strongly support social projects such as social housing and efforts to create a more walkable city. I support zoning that allows for high density affordable housing alongside commercial businesses. I support high funding for public transport and development. I support large measures to be taken to ensure water and energy conservation standards are upheld and promoted. I support strong use of technology as well as new up to date techniques and methods to communicate with residents. I have been an environmentalist for as long as I can remember, but at heart I care for people just as much as the environment. I support climate education and awareness for all ages. I can compromise when I don’t see eye to eye with others and know how to manage differing opinions where conflicting arguments arise. I also understand that politics are slow. I take inspiration from Pomeroy, “whoever wants to serve as a commissioner can do it”. I would finally like to express how valuable my age and lack of previous political position holdings can be to the commission. I see from a fresh nonpartisan approach, offering creative solutions and new ideas to existing problems. Each problem tackled by the commission has its pros and cons that must be weighed and decided on for the better of the people. I have no special interests or ties to big corporations or industries, which helps provide an unbiased view on issues. I can provide a significant and strong community connection and being a novice allows me to build up and prioritize better understanding the issues affecting individuals, which helps see issues in a new light. I would like to leverage this as an opportunity not for me, but for the residents of Bozeman. Appointing me to commission will greatly benefit the city with representation and transparency. I am a broke college student about to graduate that has a burning desire to do some good for the world and support the voices that are and are not heard. Across the US there are trends of younger representation. I don’t only offer this but also offer a calm, fair and just temperament. I think I offer something the commission is missing, a more in touch relation with Bozeman residents. I wish to join the commission to enforce and support sustainable practices and help see eye to eye with the public as we move into the future together. Nathan Gracey 96 Lauren Hill Statement of Interest for Vacant Bozeman City Commissioner Seat I first moved to Bozeman in the early 2000s, and I worked as a barista at the Leaf & Bean and fell in love with the mountains and the charm of this town. While the city has changed dramatically in the last 20 years, the appeal of the city has stayed the same. Our neighbors choose to live in Bozeman because of the love of the outdoors and the Montana spirit, yet today many in our community struggle to live a comfortable life. The rapid growth that we have experienced is not a new thing and has happened in many wonderful places similar to Bozeman. Our response to this growth in the next few years will shape the future of our town, and the Gallatin Valley, and we are at an incredibly important time to thoughtfully plan our vision for Bozeman’s future. But who is entrusted to make this plan and set this vision? I sure do hope it is the people of Bozeman! And that is why I am applying to the Bozeman City Commission, so that I can be a voice for our community. Twenty percent of households in Bozeman have children, yet there is no one representing these families on our commission. My desire is to bring a voice to city hall for these families, and advocate for programs and services that would directly benefit them. How would I do this? I am a working mother with three children, so I am acutely familiar with existing programs and services in our community. I will represent families across Bozeman by continuing to get out into the community and talking with families to understand where they feel Bozeman excels and where we have opportunities to do better. Since I made the decision to apply for the vacant commission seat, I've already had meetings with numerous leaders and residents in our community to understand their concerns and visions. As a commissioner, I would continue to talk to neighborhood groups, local organizations, and residents to understand the issues that are most important to them. Listening to community voices isn’t new to me, it is something that I regularly do in both my volunteer work and my career as a Biostatistician. As a CASA (Court Appointed Special Advocate)/GAL (Guardian ad Litem) volunteer in Gallatin County, I advocate for abused and neglected children. In this role, I work with all parties that are involved in a CPS (Child Protective Services) case, and most importantly the child. First and foremost, I listen. It is only after listening to all the parties involved and getting a broad understanding of a dynamic situation that I am able to form my recommendations that are presented in court. I believe these skills would enable me to be an effective commissioner who systematically approaches problems in an effort to develop solutions. Another approach that I regularly employ is consulting with experts and leaders, and collaboratively working together to craft solutions to problems. In my career as a Biostatistician, I have become an expert after working in the field for 20+ years, however I’m not expert on everything. I've learned how effective a team can be when we share our unique perspectives, learn from each other and value opinions and expertise. I am not an expert on all the issues facing our city, and I believe that is a strength. As a commissioner I will engage with experts, leaders, and fellow commissioners to work towards solutions. As you may imagine, as a Biostatistician, I am very data driven. I use data to understand complex questions that face clinical trials, and I would employ those same tools to problem solving as a commissioner. For example, 97 Lauren Hill Statement of Interest for Vacant Bozeman City Commissioner Seat when I wanted to understand more about affordable/work-force housing in Bozeman, I downloaded and analyzed both HUD and Short Term Rental data. I have been an active resident in every community I have lived in. During my 20 years in Colorado, I was a board member for several HOAs where I was a voice for residents. As a member of the historic Alamo Placita Neighborhood Association, I helped to preserve the rich character of our 100+ year old homes and neighborhood in the face of development. Also in Colorado, I volunteered countless hours as a Precinct Committee Person and Caucus Leader over many years, leading straw polls and caucuses, and engaging constituents in civic events. In Bozeman, my community engagement continues as a CASA/GAL, Special Olympics volunteer, consistent volunteer in our schools, and as an active member of the Bridger Ski Foundation. The issues that I care deeply about and would focus on as a commissioner are work-force housing, sustainable development that respects and protects our environment, access to mental health care especially for youth, school safety, and implementing a Bear Awareness Program. I look forward to future conversations with the commissioners to answer any questions and get to know me better. Respectfully, Lauren Hill November 16, 2023 98 From:Matt Jamison To:Agenda Subject:[EXTERNAL]Statement of interest for the city commission position Date:Wednesday, October 11, 2023 5:06:08 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mayor Andrus, Please accept this letter as my request to be considered for the current vacant position on the Bozeman City Commission. I graduated from Montana State University and have been a resident of Bozeman for 27 years. My wife and I have raised our two daughters in this beautiful town. Our children are 7th generation Bozemanites and continue the traditions my wife’s family brought to this valley as homesteaders 136 years ago. My oldest daughter is now a student at Montana State University and the other is a Junior at Gallatin High School. Having had the privilege of making Bozeman my home and raising my family is part of the reason I want to be considered for the commission position, I hope to be a part of it remaining a special community. My qualifications for this position come from a wide range of work experience and community involvement. I spent the first part of my career managing a family-run, locally owned business. I saw how the city of Bozeman interacted with businesses and the value in their support of locally owned. I moved into the corporate world, which brings a whole other set of experience to the table. Communication, conflict resolution, and understanding corporate regulations and trying to work within those constraints are all skills that would bring value to this position. Bozeman is the community I choose as home; I wasn’t born into it. Over the years I have been a strong supporter of local events, local businesses and non-profits. My family and I have supported organizations such as Bozeman Three, Family Promise, Fork and Spoon, Gallatin Valley Food Bank, Heart of the Valley, and more both financially and through volunteering. We try to frequent the locally owned restaurants and shops, and rarely miss a community event like Sweet Pea or the Christmas Stroll. It’s a culmination of these things that make Bozeman a valuable place and my hope is to be a part of the solution to keep it this way. At this time in my life, I believe I possess the knowledge, ideas and most importantly the desire to serve my community. Having experienced the growth in Bozeman the past several years, I would like to be a part of managing and presenting ideas for the city’s future development by working with our residents. We are presented with some unique challenges and I would like to participate in the implementation of Bozeman’s strategic plan for the future. Along with my professional skills and passion for the community, I know my life 99 experience would bring a diverse perspective and open-minded nature to the commission. I was born and raised in Detroit, Michigan, my mother’s family immigrated to this country from Lebanon and my father was a civil servant for 26 years. I have witnessed firsthand the struggles of homelessness, financial inequity, and bias while growing up. Problems that are becoming more evident in Bozeman recently. I believe that serving on the city commission requires listening to residents, empathy, and compromise to reach our common goal of creating a better Bozeman today and in the future. I would welcome any opportunity to visit with you in person or otherwise and greatly appreciate your consideration for this unique opportunity to be involved in something far greater than myself. Thank you, Matthew Jamison 1229 Hunters way 100 November 14, 2023 City of Bozeman agenda@bozeman.net | 121 North Rouse Avenue | Bozeman, MT 59715 Dear Mayor Andrus, Deputy Mayor Cunningham, Commissioner Coburn, and Commissioner Madgic, Former Commissioner I-Ho Pomeroy once said, “I do hope … we preserve the wetlands and trees and mountains … so not only can we enjoy them ourselves, but also for the next generation and the next …” If appointed, I will uphold this ethic of stewardship. I’ve served on a Citizen Advisory Board since 2019 – first, Recreation & Parks and now Urban Parks & Forestry to which the City appointed me Chair and I-Ho served as Commission Liaison. Our largest undertaking to date was to review, amend, and recommend the Parks, Recreation and Active Transportation Plan. This guiding document includes Unified Development Code (UDC) revisions to codify, amongst other recommendations, well-connected equitable access to park elements and increased natural resource protections. As a citizen, I’ve commented on a broad range of City issues over the years. I’ve called to protect livelihoods of Bozeman-based homeowners and existing neighborhoods, to strengthen and enforce environmental protection codes in new developments, and to address dog owner non-adherence to restraint laws, to name a few. As a woman, mother of a school-aged child, and a self-employed small business owner with a background in ecology and holistic health, I will add a much needed, distinctly different perspective to the Commission. Diversity comes in many forms, one of which is diversity of opinion. We will not always agree on every issue, but the ability to reconcile diverse points of view into sound policy makes for a robust city commission. Strong character and a commitment to uphold diversity over agenda should move you to consider someone like me as your appointee. I understand the fear, frustration, and trauma represented by the outspoken backlash to the proposed UDC and associated public engagement. I believe when people are truly given a seat at the table, engaged early and often, it will be possible to bridge Bozeman’s needs and responsibilities in a way that matches our shared wants and values. Born to a WWII veteran Polish immigrant father and first generation Polish-American mother, I was raised in New Jersey - the most densely populated state in the U.S. Our family was part of the rich ethnically diverse fabric of Newark. My neighborhood was a mix of single-family homes, duplexes, triplexes, and quadplexes up to three stories tall with narrow alleys between dwellings. I was one of the lucky kids with grass in my backyard. When my father couldn’t drive any more due to early onset Alzheimer’s Disease, I took a NJ Transit bus or train to get to high school. I discovered the love of wildness in my twenties when I had the privilege to work as a Student Conservation Association intern in two national parks. When I enrolled for graduate school in Conservation Biology in Bozeman, I found a college town with all its associated vibrancy. My 101 shared housing included living behind a car wash and in basement apartments. I saved money on food as a working member of the Community Food Co-op. After completing my M.Sc., I joined the Peace Corps in Thailand. There, I befriended and worked alongside school teachers, administrators, and an ecological researcher. Through hard work and fortunate circumstance, my husband and I found our place in the Northeast Neighborhood. Our roots on North Tracy are 22 years deep so far, and our expectation has been to raise our child and live out our days here. Recent unprecedented changes in Bozeman move me to mourn and wonder, and I keep coming back to this idea: My home is worth fighting for. Interest and intention are not enough. My breadth and depth of experience demonstrates my commitment to all of Bozeman. Here’s a sampling of my skill sets and the paid and unpaid contributions I’ve made to our community over the past 20+ years: § Researching and adding to the body of scientific literature on wildlife crossing structures and their need if we are to keep wildlife populations intact § Educating and organizing the public and promoting coexistence with bears and other carnivores § Providing holistic health services to teens, adults and seniors as a Licensed Acupuncturist § Partnering with Eagle Mount and Cancer Support Community Montana to provide pro bono acupuncture services to caregivers and those experiencing cancer § Coordinating Continuing Education opportunities for fellow practitioners and the Montana Association of Acupuncture & Oriental Medicine § Supporting the terminally ill and their loved ones through Hospice of Southwest Montana § Visiting confined seniors at the former Mountain View Care Center § Answering the Haven crisis line § Helping plan Moms Like Me, an event to educate the community about the perinatal experience § Organizing avian surveyors to help build the case for what is now the Indreland Audubon Wetland Preserve § Directing events for Big Sky Wind Drinkers - running club for all - designing Ridge Run T-shirts, and bolstering financial support for student athletes § Teaching and helping in myriad ways at Hawthorne Elementary § Judging Speech and Debate meets at Bozeman High 102 § Conversing with students of English as a second language § Attending Citizens Police Academy to learn about challenges our officers face every day § Engaging in the Northeast Neighborhood Association (NENA) § Advocating for increasing tree canopy as a tool for climate resiliency with the Bozeman Tree Coalition I’m also committed to raising our son with an expanded worldview. Planned months ago, we are currently on an educational immersion experience in Mexico for him to learn a new language and get to know our neighbors south of the border as fellow citizens of the world. Therefore, until late December, I am attending meetings remotely. My varied professional, volunteer, and personal experiences in both the public and private sectors make me a strong, qualified candidate for City Commission. My vision for Bozeman is a welcoming place for all that puts climate resiliency built on stewardship first, and follows with thoughtful development that values existing neighborhoods and upholds our collective right to a clean and healthful environment for present and future generations. Sincerely, Angela (Angie) Kociolek 620 N Tracy Avenue Bozeman, MT 59715 dangie@me.com 406.209.2570 103 Greetings Honorable Mayor and Commissioners – I am Brian LaMeres, a registered voter residing at 3300 East Graf Street Unit 73 in Bozeman, and I respectfully submit my Statement of Qualifications and Interest for your open City Commission position. I have extensive knowledge of the City’s operations and budget from my 25 years in the City’s Finance Department where I spent my last 14 ½ years as Controller/Software Application Manager. I was in charge of the City’s Accounting Division, where every year the City received the Government Finance Officer Association’s Certificate of Achievement for Excellence in Financial Reporting. For most of that time I was also solely in charge of administering the City’s ERP central software system, which required me to be extremely efficient and effective in a rapidly growing environment of increasing customers and users. Being good at both parts of my job required me to dig deep and learn almost all areas of the City’s many and various operations and to achieve win-win outcomes between various teams with limited resources. In 2017 I saw the need for serious improvement in City Administration and I felt that the most constructive and positive action I could take to benefit both City employees as well as City residents would be to run for Mayor. I ran three self-funded campaigns for Mayor in 2017, 2019, and 2021. My campaign website www.lameres.com still shows my resumé and other information there. I am a Certified Public Accountant and Montana Native who was born 55 ½ years ago in Billings and have lived in Bozeman for 36 years. I have a BS from MSU and an MBA from UM, where one of my favorite elective classes was “Foundations of Public Administration”. My Advisory Board experience includes 9 years on the City’s Economic Development Revolving Loan Fund Board and over 16 years as Chair of the City’s Community Affordable Housing Advisory Board. I also enjoyed the great life experience of being an Adjunct Instructor of Accounting at MSU. I have decades of personal involvement with a long-standing local business owned and operated by my “Better Half” Lisa. My job description is simply that I do whatever I can to make Lisa’s life easier, whether it be working at the Front Desk, keeping the books, computer and network maintenance, doing laundry, snow removal, or changing light bulbs in the swimming pool. I interact constantly with hotel guests from other cities and states and hear their cautionary tales of where Bozeman appears to be heading. I also hear first-hand the concerns of fellow staff, vendors, contractors, other business owners, and many others who visit our business. OTHER COMMENTS: UDC UPDATE: Such an unfortunate circumstance which could have been easily avoided by not rolling out that Draft prematurely. Even the consultant said he usually gets more feedback from the general public first, so who made the decision to roll out a Draft which anybody who knows Bozeman could tell you would surely create a firestorm? And then we made matters worse by blaming it on the State legislature, when anybody could see for themselves that argument didn’t hold water. 104 105 John Michael Long 1640 Kenyon Drive Bozeman, Montana 59715 (406) 989-0246 jmikel@me.com RE: Statement of qualifica3ons for, and interest, in the office of city commissioner. I have been a resident of the City of Bozeman for 9 years, of Galla3n County for 18 years and of Montana for 70 years. • B.S. Degree in Microbiology (MSU ’75) • Re3red clinical laboratory manager at Bozeman Health. • Work experience as a deputy sheriff in both Sweet Grass and Missoula coun3es. • Experience as a firefighter (13 years) • Experience as an EMT (14 years) • 42 years’ experience in various Montana hospitals. • Experience on a County Library Board (Dawson County) • Experience as a Coroner (Sweet Grass County) I may be uniquely qualified in that I come to you with neither an agenda nor windmills to 3lt. I am able to listen to the many sides of a given issue before forming an opinion, knowing that few issues are defini3vely binary but rather are mul3-dimensional. I can appreciate nuance. I am a superb communicator who knows that effec3ve communica3on is vastly more dependent upon listening than talking. And, I’m capable of effec3ve extemporaneous speech including, and especially, in public. I read voraciously with both speed and content reten3on. I believe the purpose of the City Commission is to provide service to the community, mee3ng its needs with an eye towards fiscal restraint. I want to help the city to provide both the best tax- and enterprise-based services, to our mutual benefit, while maintaining financial accountability. 106 I have personally experienced homelessness and food insecurity in the distant past and know the trials of familial alcoholism and mental health issues – and especially the lack of resources for treatment for both. I also know the joys and rewards of now living at the top of Burke Park (albeit with a city water tank in our backyard). I especially know the twisted road I navigated to get here. I understand the current housing concerns of Bozeman residents. Our son and his fiancé each have Doctorates in Physical Therapy and work full-3me (one at Bozeman Health, the other at Billings Clinic – it’s a mixed marriage.) I’ve watched as they’ve struggled and, so far, failed to purchase a home in Bozeman. We have a fully-approved ADU at our residence which we have rented to 4 different renters over 9 years. Because of the housing insecurity our tenants were facing, we have always rented at a-below-market rate, with no increases over that 3me. However, growing taxes and infla3on may soon require us to raise that rent (a fiscal reality). I enjoy close associa3ons and friendships with a vast spectrum of the city – all ages, all poli3cal persuasions, all economic circumstances. I believe that to be func3onal and effec3ve, government leadership requires on- going compromise – agreements reached by mutual concessions. I can serve the residents of Bozeman in an equitable manner, beholden to none, with an open mind to all. With apprecia3on for your considera3on, Mike Long 107 John Meyer – November 14, 2023 Dear City Commissioners: I am writing to be considered for the vacant City Commission position to help make Bozeman the most sustainable town on the planet. My life experiences as a father, husband, attorney, Executive Director of a nonprofit conservation organization, and outdoor advocate make me well-suited to serve Bozeman. Growing up in northwest Indiana, some of my fondest childhood memories are of catching snapping turtles, bull frogs and crayfish in the local stream. My parents would tell me to be home when the streetlights came on, so my best friend and I would take turns karate-kicking the post until the light went out, and then run back into the woods to continue construction of our latest three-story treehouse. Those woods have been replaced with pavement, fences and houses. As the first person in my family to graduate from a four-year college, a strong blue collar work ethic was instilled in me from a young age. My mother was the first female day laborer at Bethlehem Steel and cut slabs of steel with a torch for many years. A union member and life- long learner, my mother would stop at picket lines to talk with organizers, attend community and vocational colleges, and write papers about identifying racism and sexism. Her strong sense of justice left an indelible print on my orientation toward the world. I moved to Missoula in 1999 and earned a degree in biology and Spanish in 2003 from the University of Montana before working as a field biologist for the U.S. Forest Service in Montana and Alaska. I graduated with honors from Vermont Law School in 2009 and moved to Bozeman where I started a nonprofit law firm. Since that time, I have prevailed in many lawsuits that have protected the people, forests, water and wildlife of Bozeman and the American West. On any given day, I work with other attorneys, meet with community members and scientists, participate in court proceedings, work with accountants, and write grant applications. Recently, my nonprofit has been meeting with the U.S. Environmental Protection Agency regarding Clean Water Act issues in the Gallatin watershed and with members of U.S. Senator Jon Tester’s staff to talk about the intersection of public land management and my law firm’s Endangered Species Act work. Now I would like to use my diverse skill set to serve Bozeman as a commissioner. The secret that we call Montana is out. As more and more people seek to buy a slice of heaven, Bozeman is facing an onslaught of challenges that will require us to do things differently — and with a sense of urgency. From affordable housing to loss of open space and an increasingly tight water supply, I have watched as Bozeman has struggled to grow in a sustainable manner. The Commission has done a lot of good work to address the City’s issues and there is a lot more to do. I am committed to ensuring my four-year old twins grow up in a town that is thoughtfully planned and managed so that they can raise families here one day too. The Last Best Place is quickly becoming the Once Best Place as predatory investors hoping to make a buck on the desirability of this place force out the longtime Bozeman residents that have contributed so much to our town. It’s a heartbreaking thing to behold. 108 A person should not have to be a millionaire to live in Bozeman. Anyone who is willing to work hard should be able to succeed in Bozeman, and anywhere in the United States. My family was blessed to secure an affordably-priced home in the Bridger View development, where a nurse lives next to Bridger Bowl’s mountain manager, who lives next to a barista. We have a true neighborhood that feels cohesive, regardless of a person’s socioeconomic status. I believe similar models can and should be replicated in Bozeman and across the state. The Bozeman Daily Chronicle recently ran a story saying our town may be facing water shortages with three years. If we want our society to survive climate change, we have to learn to live within our means. As a practical matter, I will work to ensure the rules governing development prevent variance-riddled developments that are widely opposed from being approved unless we can show that our current residents will have adequate water for at least the next 75 years. I believe that it is the Constitutional obligation of every Bozeman City Commissioner to ensure residents have a healthful environment — that means an adequate and sustainable drinking water supply. As a Commissioner, I will make it a priority for Bozeman to show restraint so that we have the literal and proverbial space necessary to make good choices. Bozeman has some of the brightest minds on the planet. Now is the time for us to plug into that energy to create a replicable model of a truly sustainable town. As a Bozeman City Commissioner, I will work to do just that. John Meyer 2409 Blue Silos Way Bozeman, MT 59771 (406) 546-0149 109 From:Padden Guy Murphy To:Agenda Subject:[EXTERNAL]Application for City Commission Vacancy - Padden Guy Murphy Date:Thursday, November 16, 2023 4:01:30 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Commissioners, I am writing to offer my name for consideration for appointment to the vacant City Commission seat. First, I want to recognize Commissioner I-Ho Pomeroy’s service to this community. This decision before you is a sacred responsibility, and I know you will consider all applicants on their merits and choose the best person for the role. It is simply my hope that we get someone who will serve us thoughtfully, entrepreneurially, and with the future of our community always in mind. I am putting my name forward because neighbors have urged me to and because I believe it is the obligation of all us who have relevant expertise and experience to raise our hands to serve when our community calls upon us to do so. I look forward to meeting with each of you to determine whether or not I’m the best person for this position at this moment. Here’s who I am. My family has been in Montana for over a hundred years. I was born and raised in Great Falls, the middle of five siblings and son of hardworking Montanans. I have deep roots in Bozeman, too. My aunt and uncle have lived in Bozeman for over fifty years, my brother and sister graduated from MSU, and I grew up skiing on the Big Sky ski team. My wife (Lumay Wang Murphy) and I got married in this town, our babies (Wilde Augustine Murphy and Maven Mei Murphy) were born in this town, and we are homeowners and are raising our family in this town. I share this only to illustrate that I am not new to our local and regional context, and I am deeply invested in the future of our community. Professionally, I help CEOs, founders and leaders of some of America’s most innovative startups shaping the future of work and cities, from housing to childcare to parking to climate change. I created and co-hosted The Mayors podcast with renowned urbanist Richard Florida. In my capacity as Senior Fellow at the National League of Cities I wrote NLC’s report on the future of work and cities as policy guidance to thousands of mayors and city leaders for how to solve the housing crisis, create walkable cities, and to win the jobs of the next decade. That report, America Works, is here: https://www.nlc.org/resource/america-works-how-entrepreneurial-city-leaders-can-shape- the-future-of-work-now/. I served on the board of Bunker Labs for four years where I created a program that has enabled thousands of military veterans to launch new businesses. For the last two years I have served on the Bozeman Community Development 110 Board. I’ve worked with some of the most formidable urbanists, architects, entrepreneurs and economic developers in the world so I have deep context in urban planning and economic development. Here’s how I believe I can help. Our community is at a crossroads. By grace or journey, we all call Montana home. I believe we can capture the energy of economic growth and turn it into economic opportunity and a thriving and entrepreneurial economy for all of us in this town. Today in our community if you do not have a household income greater than $150,000 we do not have homes you can own without being housing burdened. I have spent my career working on this exact problem and in our last CDB meeting I outlined a 5 step plan forward for our community to fix it. I believe we can be smart about our land use plan and UDC to both preserve what makes our oldests neighborhoods great while also planning thoughtfully designed new walkable, mixed-use, inspiring neighborhoods that our children would be proud to live in. We can have density in the right places in all of our districts, but we need to be smart and engage in neighborhood planning. We need to think outside the box with public-private partnerships and deeper community engagement to solve our challenges together – not with old ideas or someone else's ideas, but instead with new Made in Montana ideas that other cities and towns across America can copy. I know I can help because I’m already doing it. My leadership of the Community Development Board demonstrates who I am, how I think, and how I lead. But I, along with other leaders across town, am also currently developing a non-profit, Last Best Future, that will serve as a platform for community engagement and entrepreneurial city solutions. The first program will be Montana Festival, an annual celebration of Montana excellence and big ideas to shape our shared future that will bring together business, government, non-profit, and community leaders. We need someone on the Commission who understands how to be creative with policy, partnerships, and community engagement to solve big hard problems. I am one of those people. Finally, and above all else, I am a father. Like all parents, everything I do in this life is for my children. We need a leader on the City Commission who represents parents and families, who frequently calculate the costs of raising children, who understands the value of middle class homes, who stays up at night wondering not just if their kid will be able to live here, but whether their teachers and their friends will be able to live here. We need someone who thinks and dreams for this city, not just for the next two years or ten years, but for the next hundred. I am grateful for your service to this community. Good luck with this decision. We can do the big hard things. I hope you select someone with vision, deep policy expertise, and who knows how to solve problems entrepreneurially. I will continue to try to be helpful to all of you whether I’m on the inside or the outside. 111 Thank you, Padden Guy Murphy Padden Guy Murphy 716 S Grand Avenue Bozeman, MT 59715 padden.murphy@gmail.com -- Padden Guy Murphym: 801.580.0811 112 Vickie Ng Bozeman, MT 59718 – 406-624-9489 – vickieng406@gmail.com November 15th, 2023 City of Bozeman 121 N Rouse Avenue Bozeman, MT 59715 Dear City of Bozeman, My name is Vickie Ng, and I am applying to be on the City Commission of Bozeman. I decided to apply to be on the City Commission because I feel the City of Bozeman is at a crucial intersection at its history right now. Bozeman is growing extremely rapidly, and we need to keep up with this growth. Many residents of Bozeman are being forced out of this great city because of high costs of living. As a renter myself, there has been much uncertainty for the future. High rent is not the only thing contributing to the high cost of living here: Rising costs of homes and residents struggling to survive via urban camping are also critical issues that we need to address. I have been involved in community advisory boards in the past for a town with over 20,000 residents. I am a former educator with Teach For America (part of Americorps) and a mother in a multi-racially diverse family. I have also volunteered in many programs, including those in the realm of conservation and sustainability. As a young mother, I have enjoyed the services and programs offered by our city, especially those centering on families and young children. The average age of a resident in Bozeman is 28 years old. This means that in the next few years, we will continue to experience a large population boom, with many of our residents being children. I would like to work hard at keeping these amazing parts of our city for generations to come. I truly believe in making members of the community’s voices heard: Views from the community, from all different backgrounds and perspectives, are paramount to building a successful city. An engaged society leads to a thriving and vibrant community, where all can be heard. While I believe we have the foundations already for this here in Bozeman, this is something that I want to help foster and cultivate, as a member of the City Commission. Another important issue that I hope to address is safety: As our city grows bigger, we must continue to be a safe, welcoming community. People in all walks of life, including those individuals who are urban camping or new to Bozeman, must be taken care of. Matching our growth, we must continue to make Bozeman the safest city in Montana: As such, I believe in supporting Bozeman Fire Department, Bozeman Police Department, and other such services, to give them what they need to protect our community as we grow together. I genuinely appreciate your consideration for this role, and hope to be able to support the great City of Bozeman. Regards, Vickie Ng 113 TO: Bozeman City Commission FROM: Brad Thome, 3221 S. 26th Ave., Bozeman, MT 59718 RE: Brad Thome – Application for Bozeman City Commission DATE: November 16, 2023 PURPOSE The purpose of this document is to describe my qualifications and interest in the open City Commission position on the Bozeman City Council. I believe my skills and experiences in business and life would enhance and augment the skills and experiences of the existing City Commission members. Adding someone of my diverse background to the Commission would help foster community engagement, add seasoned leadership capabilities, and lead to optimal outcomes on the very important matters before the Commission. INTEREST in the CITY COMMISSION I would like to bring my skills and experiences to help make good strategic decisions to help Bozeman grow effectively to best serve the community. I believe in the Vision for the Future of Bozeman. I want to help create a safe, inclusive community for everyone. I want to help create conditions for economic vitality that will allow everyone to live in peace and prosperity. And I want to do that all with a strong environmental ethic. As a backpacker, I believe in “no trace left behind”. I want to be part of the team that are strong stewards of this wonderful environment that we enjoy and make decisions that save it for future generations. I will bring energy, empathy, leadership, and commitment to this City Council position. QUALIFICATIONS Personal Background I am married to my wife, Lynne. We have two sons who are grown, Justin and Damon. I like hiking, backpacking, and skiing. I grew up very poor in the Midwest. My Mom was a single mother of 4 children, and we lived paycheck- to-paycheck. We almost lost our home many times and would have had to move into the “projects”, government run “affordable housing”. My siblings and I were on the free lunch program. I care very much that all children have enough to eat, affordable housing, and opportunities to achieve prosperity while living in peace. Professional Background I am a retired Information Technology (IT) professional. My 34 year career in IT included over 20 years at IBM as a salesperson selling directly to Fortune 500 companies in Wisconsin. My career also included over 10 years of management experience at Fortune 500 companies and smaller companies in Montana. 114 As an IBM salesperson, I covered Fortune 500 accounts in Wisconsin. This was not just a sales job as you might think of it, I was a trusted advisor to my clients at a strategic level. I was badged like an employee, had office space at each account, and had better access to C-level executives than most employees that worked at the company. I was involved with each of my clients at the C-level in setting annual and long term strategies for business transformation. These strategies involved long term planning of complex business initiatives with significant budgets that changed the way my clients’ businesses worked for the better. These were high-stakes decisions where risk and money had to be managed carefully. This experience is directly related to making decisions for the City of Bozeman to make sure our city grows in a manner that best serves everyone in our community. I then worked with my clients to build tactical operational plans to achieve their strategic objectives and run the business more effectively. I developed the skills to build a strategic plan that led to operational efficiencies and cost savings in a fiscally responsible manner. I can bring these skills to the Commission to help make strategic decisions that maximize the impact of the tax money we spend to build our fast growing city in a manner that serves all of Bozeman. IBM is widely known for their leading progressive HR policies. One of our guiding principles was “Respect for the Individual”. That means that everyone is to be treated with respect, called by the name they wish to be called, and afforded every opportunity to advance their career. I have worked respectfully with every type of person in every walk of life way before there was a focus on DEI. I firmly believe in these policies and have used them throughout my career. I have worked diligently to make sure that under my leadership there is equal pay for equal work. I have worked with HR at various career stops to make sure the women and minorities under my management were paid equally. I have placed women and minorities in leadership positions to advance their careers. The inclusion and diversity initiatives of the City of Bozeman have been a way of life for me my entire career. If selected for this position I will continue to work towards and promote those worthy goals to help all marginalized members of the community. I have over 10 years of direct IT leadership experience managing people. I was a Director of IT at Dick’s Sporting Goods, Federated Investors, and Big Sky Resort. I was the Manager of IT at West Paw. My leadership style is to serve the people that work for me. I believe in treating people with respect and dignity, helping them overcome obstacles to overcome their goals, and creating a safe and inclusive workspace. My leadership style also involves actively seeking and seriously considering input from all levels of an organization, especially those that work for you. I believe that people deserve to have their ideas thoroughly reviewed with empathy and reflection. I would use these skills to actively engage the citizens of Bozeman, duly consider their input, and take actions that are best for the greater good of our wonderful city. I have used the word “I” a lot in this statement, because I am trying to give you my background individually. But I truly believe great things are only accomplished when everyone is involved. I will actively seek to improve communication, transparency, and citizen involvement if chosen for this Council seat. 115 SCOTT OSTERMAN GREG GIANFORTE DIRECTOR GOVERNOR COMMERCE.MT.GOV | MARKETMT.COM 301 S. PARK AVE. | BUSINESS MT - PO BOX 200533 | HELENA, MT 59620-0533 P: 406.841.2870 | F: 406.841.2871 | TDD: 406.841.2702 October 4, 2023 City of Bozeman Brit Fontenot, Director of Economic Development P O Box 1230 Bozeman MT 59771 RE: Montana Department of Commerce’s Big Sky Economic Development Trust Fund (BSTF) Program, Contract #MT-BSTF-1-23-20, Bridger Photonics, Inc. Dear Mr. Fontenot: The Department of Commerce has reviewed your request for an amendment to the above referenced contract. The amendment request included: • Extending the contract for one year; and • Increasing the contract award by $150,000 for an additional 30 jobs. The Department has approved the one-year contract extension and the increase of contract award to $300,000 to create 60 new jobs paying the wage of $23.28 per hour without benefits. The contract period will be from December 14, 2022 to December 14, 2024. A contract amendment will be routed to you through DocuSign. We look forward to successful completion of this grant. Sincerely, Liane Taylor Division Administrator Business MT cc: Alexa Freeburg, Prospera Business Network Vicki Axtell, Bridger Photonics, Inc. Annmarie Robinson, Big Sky Economic Development Trust Fund Program DocuSign Envelope ID: 116413AB-B439-494E-812E-F413CD71B459 10116