Public Meetings - Butte Silver Bow, Montana

The Butte-Silver Bow Planning Board met on October 29, 2026 (2026-10-29) with a quorum of all nine members present. The board approved previous meeting minutes and the Liebengooth minor subdivision preliminary plat, then held a public hearing on the proposed replacement of Title 17, the county zoning ordinance, and voted not to refer the draft to the Council of Commissioners until further revisions are made. Call to Order and Minutes Approval - Chair Matt Steitzer called the meeting to order and confirmed a quorum: Stephen Coe, Margot Enns, Mark Garf, Julie Jackshaw, Josh O'Neill, Mike McLeod, Bart Riley, Matt Steitzer, and Macy Sulser. - The board approved the minutes of the August 27 and September 24 meetings without corrections. Motion by Mark Garf, seconded by Stephen Coe; voice vote carried unanimously. Minor Subdivision: Liebengooth Preliminary Plat - Staff presented the application by Scott and Susan Liebengooth, with Everly and Associates as representative, for a two-lot minor subdivision. The proposed plat would create a 44.65-acre tract (B1) and a 9.97-acre tract (B2) containing the existing home and sanitation facility. The parcel is currently unzoned and is near Ramsey, I-90, low-density residential areas, and grazing land. - The property includes a natural spring, weir, irrigation channel, and lateral ditches; the water rights are co-owned with an adjacent property owner. A court-ordered easement from District Court cause DV 2320 would preserve access for maintenance of the water system. - The lots would be served by individual well and septic systems, outside the 300-foot connection requirement to public infrastructure. Tract B1 would have a sanitary exclusion until development; Tract B2 has an existing permitted well and septic system. Access would be via North Ramsey Road, and the driveway would be named Bar 01 Road under the county addressing ordinance. - Fish, Wildlife and Parks indicated no likely impact to pronghorn or elk migration. Staff recommended conditions including wildlife-friendly fencing per FWP's 2012 best practices, an approved weed control plan with a bond, and required fire sprinklers for any new construction. - Staff recommended approval subject to eight conditions. Bart Riley moved approval, Josh O'Neill seconded, and the motion carried on a unanimous voice vote. Public Hearing: GEN AMD 25-1 Zoning Ordinance Update - Director Julia Crane presented the application by the Butte-Silver Bow Planning Department to repeal and replace Title 17, the zoning ordinance, for the first major update since 1978. She described the process as including 107 individual participants, more than 400 written comments, 30 one-on-one meetings, six open houses, five planning board meetings without a public hearing and four with public hearings, four code revisions, and a resulting 354-page, 15-chapter document. - Crane summarized the draft code's chapters: new zoning districts aligned with the comprehensive plan; building and development-type standards; use-specific conditions; general measurement and lot standards; parking maximums rather than minimums; landscaping, buffers, and open space; rewritten sign standards; environmental and brownfields/superfund provisions; administrative procedures; nonconformity rules; enforcement; and updated definitions. - Recent map changes included extending the historic overlay boundary along Mercury Street and Broadway Street from Montana Street west to Excelsior Street, incorporating updated Bert Mooney Airport shapefiles into the airport overlay, and expanding the heavy industrial gateway boundary southerly in response to an October 23, 2026 comment from the Hanson family. - Data center provisions and definitions were redlined out of the draft because the Council of Commissioners is considering an interim zoning ordinance for data centers. The billboard amortization schedule was removed, but the draft retains a prohibition on off-premise signs in Silver Bow County. - Crane presented additional proposed shipping container regulations: containers could not be used as occupiable space; they could not display shipping markings except one tracking series; existing containers would be grandfathered if they met accessory structure standards; residential zones would require a minimum 10,000-square-foot lot and screening when adjacent to a public right-of-way; commercial zones would require a commercial building permit and screening; and the earlier requirements for engineered foundations, paint color, and siting were removed. Crane confirmed these specific changes were not yet in the published draft. - Other recent changes discussed included extending historic review approval periods from 18 months to 24 months with a possible 12-month extension and requiring photographic documentation when historic resources are demolished or removed. Public Comments and Testimony - Cassie Wick (820 West Mercury Street; owner of 5518 Designs and property at 27 North Main Street) supported the zoning modernization, saying updated codes would create predictable processes, encourage investment, and preserve Butte's character. - Jim Ayers (13 Laird in Ramsey) said he previously opposed the zoning map but now supported the plan after the planning director addressed Ramsey residents' concerns; the revised map allows local commercial use. - Holly Hansen, part owner of the Silver Bow Drive-In, appreciated the county's responsiveness, preferred that the drive-in be expressly allowed in the zone, and supported the boundary adjustment and April 1 light-dimming change. - A speaker from CLR Services thanked staff for the shipping container revisions. - Chris Harris (823 North Excelsior) raised concerns about historic preservation and ghost signs, arguing the county does not own those signs, access could be denied, and the provisions could create takings issues. He recommended review by a land use attorney before approval. - Jennifer Plut, owner of Elk Meadows Realty, said the proposed 10,000-square-foot minimum for shipping containers would be problematic in Butte because lots vary in size and a 3,000-square-foot lot would require four lots to meet the threshold. - Logan Warner (5100 South Warren Trailer 25) raised consistency concerns about manufactured and mobile home definitions, opposed the 10,000-square-foot shipping container minimum, and said the draft's 8,000-square-foot lot requirement for small-scale ground-mounted solar systems was too restrictive for smaller Butte lots and could discourage modern solar installations. - Another speaker, addressed as Mr. Moore, said a recent state law prohibits treating manufactured homes differently from regular homes and urged the board to correct the definitions before approval. - Eric Sweet and Allie Carly, representatives of Lamar Advertising, asked the board to remove the signage chapter from the ordinance for further discussion. They opposed uncompensated removal of billboards, appreciated the removal of the amortization schedule, and proposed a cap-and-replace program and public-private partnerships instead of a complete off-premise sign ban. - The chair also noted written public comments from Mike Flannick, Bert Mooney Airport, Shanna Adams, and several shipping-container commenters. Board Discussion and Direction - Planning board members praised Director Crane and staff for the size and quality of the zoning update. - During questions, Director Crane said residential lot coverage rules would generally limit the number of shipping containers on a property, but commercial zones have no lot coverage limits, so the board could consider container maximums for commercial and mixed-use zones. - Crane said existing uses would be grandfathered in; property owners would need to follow the new rules when making future changes. She noted the draft reduces some minimum lot sizes, including removing minimum lot sizes in areas such as Centerville and Walkerville. - Regarding data centers, Crane explained that the Council of Commissioners has authority over an interim zoning ordinance, and any resulting permanent regulations would later come back to the planning board for public hearing and recommendation. - After the public hearing, the board discussed whether to approve the draft conditionally. Director Crane recommended allowing time to republish the revised draft, particularly for shipping container rules, the Bert Mooney Airport/FAA technical requirements, and manufactured/mobile home definitions. - Mark Garf suggested having an outside land use attorney review the historic preservation and ghost sign provisions. Crane said she would confer with the county attorney about internal capacity or the need to seek outside counsel. - Mark Garf also asked about solar regulations; Crane explained the intent was to preserve yard vegetation and encourage rooftop solar, while Garf said he did not want to discourage renewable energy installations. Key Outcomes - The board approved the August 27 and September 24 meeting minutes. - The board approved the Liebengooth Minor Subdivision preliminary plat, subject to the eight staff conditions. - The board voted not to recommend the draft GEN AMD 25-1 zoning ordinance to the Council of Commissioners. - The board directed planning staff to return on November 19, 2026, with a revised draft incorporating public comment and staff's proposed changes, including shipping container regulations, the Bert Mooney Airport/FAA overlay updates, manufactured and mobile home definition verification, and any needed historic preservation and ghost sign legal review. - The vote to postpone referral and schedule the November 19 hearing carried on a voice vote with no opposition heard.

The Butte-Silver Bow Council of Commissioners met as a Committee of the Whole on October 29, 2026, with Chairman Morgan presiding. The transcript is timestamped 2026-10-29 01:25:36 UTC. Agenda and minutes were not provided, so this summary is based solely on the raw transcript. After roll call, prayer, and the Pledge of Allegiance, the council took public testimony on a proposed data-center moratorium and jail food service, discussed Council Bill 2026-03, heard reports, and acted on multiple communications. The roll call was announced as one presiding, 11 present, zero absent, although recorded votes later appear as 12-0; the transcript contains that inconsistency. Public Comments & Testimony - Rick Edwards opposed Ordinance 2026-03, saying a moratorium would send an anti-economic-development message to businesses considering Butte. - Denise Kelly, representing 406 People First, supported a moratorium and submitted eight recommendations: full transparency, multiple published public hearings, no use of public water or public water rights for data centers during the moratorium, no power use above five megawatts, no public land-sale brokering, no planned activities that harm human health, an independent study not conducted by county staff or prior study participants, and a preference for local union construction labor. - Kat Hawley raised jail meal concerns: small portions, low quality, and lack of transparency. She asked about dietitian-approved calorie/protein/nutrient targets, publication of menu analysis, oversight, meal gaps, and retaliation-free complaint processes. - Logan Warner discussed the Amherst/Sheridan intersection proposal, saying traffic lights and stop signs are not speeding fixes and recommending road narrowing, speed humps, and continuous crosswalks. He also supported jail-food transparency and later corrected his earlier claim about who paid for the SABE data-center trip. - Kelly Sullivan, executive director of the Butte Local Development Corporation, opposed the moratorium, arguing it could harm existing and prospective businesses; she asked whether the message is "closed for business." - Evan Barrett supported the moratorium, urged the council not to rush, noted a petition that gathered nearly 5,000 signatures, and suggested using Missoula's data-center study. - Bob Morris, speaking personally, urged reconsideration of a countywide moratorium, warned of a "closed for business" message, cited Great Falls landing an $800 million manufacturing campus with more than 2,000 projected jobs, and said there are no currently pending hyperscale data-center applications. - Karen Burns, community and economic development director, opposed the moratorium, said interim zoning should be reserved for true emergencies, warned that three companies had already expressed concern, and recommended zoning-code updates instead. - Bill Keebe opposed the moratorium, said the Silver Lake system provides 20 million gallons per day and that 40,000 gallons per day is minimal by comparison, and argued the definitions were too broad. - Carissa Story supported a moratorium, saying citizens should be able to vote on data centers. - Jim Camitz opposed the moratorium, said the process could be handled through zoning, described operating Butte's first commercial data center in 2005, and said one megawatt creates five jobs per megawatt. - Jesse Gonzalez supported the moratorium, opposed data centers "in any way, shape, or form," and also urged public investigation of jail meal complaints. - Jessica Jones supported the moratorium and said officials were ignoring "Vox Populi." - Melissa McIntyre raised lithium-ion battery fire risks, saying the council should consider fire and pollution hazards in any moratorium. - Rose Griner described difficulty putting money on a detained family member's books, saying she was turned away four days in a row, and called toddler-sized portions unacceptable. - Alison Anderson strongly supported the moratorium and raised concerns about speed-radar-sign budgeting and rising property taxes. - Sarah Hellstrand supported the moratorium, saying data centers will always be needed later so there is no need to rush. Report of the Chair - Chairman Morgan welcomed Commissioner Boyle back. - He stated that the commissioners who toured the SABE data-center site had their trip paid for by Butte-Silver Bow, not by SABE. - He explained the procedural path for Council Bill 2026-03: it was introduced by Commissioner Shea, referred to the Judiciary Committee, and moved to the Committee of the Whole to allow more public participation. It must return to Judiciary before going to the full council. Discussion Items: Data Center Moratorium - Commissioner Shea, the sponsor, said public participation was easier in the larger setting. She raised the question of whether interim zoning is needed when a full zoning update is already underway and suggested a deliberate zoning section as an alternative. - Commissioner O'Leary said he was generally in favor of a six-month moratorium as guardrails; he was pro-business and not anti-data-center but wanted intentional decisions. - Commissioner Fisher said the public had spoken, cited concerns about contamination and vacant buildings, and supported studying appropriate regulations. - Commissioner Thatcher asked detailed questions about scope and enforcement, including whether the moratorium applies only to massive data centers. Denise Kelly said her group is concerned only with massive data centers, though her earlier written request used the phrase "ironclad county-wide moratorium on all data centers." - County Attorney Enruth said interim zoning is immediately effective, applies to Butte-Silver Bow as a consolidated city-county, and requires one public hearing and three readings. He clarified that earlier statements suggesting a single reading were inaccurate. He also said the council's draft was a "bare bones" starting point, not a final document. - Chairman Morgan said commissioners should not answer questions by email exchange because it would implicate open-meeting law; answers should be given on the floor. - Commissioner Callahan said the five-megawatt threshold could affect existing large users such as MRI and REC, whose power needs are around 50 and 60 megawatts, and cautioned against a threshold that discourages businesses. He also corrected an earlier speaker's claim that Silver Lake water rights are industrial-only, saying they include agricultural and stream augmentation. - Commissioner Gerbrand suggested defining regulated data centers as those that receive third-party data, so in-house facilities would be excluded. - Commissioner O'Neill asked who would pay for an independent study if one is required. - Commissioner Healy stressed "of the people, by the people, for the people" and said county employees should not conduct the study because some have already opposed the moratorium. - Commissioner Shea noted other jurisdictions use demolition bonds, community bargaining agreements, and similar tools, and mentioned Missoula and Fairfax, Virginia as examples. - A motion to hold the ordinance in abeyance in the Committee of the Whole passed 12-0. The council noted the item will appear again in two weeks; public comment can be made at the next regular meeting, but there will be no back-and-forth dialogue on that topic until the next Committee of the Whole discussion. Jail Food Service Report (Communication 2026-491) - Sheriff Ed Lester responded to the jail-meal complaint. He said menus are reviewed by registered dietitian Katie Pippenich for CCCS, and the same food is served at the Connections center and pre-release, though those facilities have salad/soup bars not available in the main jail. - He presented weight data for long-term inmates, with changes ranging from a 35-pound loss to an 85-pound gain, and said most long-term inmates gained weight. - He said the dinner-to-breakfast gap had been corrected by serving dinner at about 5:15 p.m. and breakfast at 7:00 a.m., within the 14-hour jail standard. - He said CCCS will not rebid the contract, so the county will seek a new food-service vendor; previous bidders included Summit and Trinity, which rely heavily on inmate labor. The county serves roughly 350-400 meals per day, and losing CCCS may affect local food suppliers. - Commissioner Fisher moved to note and file the communication; the motion passed 12-0. Communications & Routine Actions - Communication 26384, Corey Bigger's request to purchase land next to his residence: held in abeyance pending a land sales committee report. - Communication 26410, legal review of the Municipal Parking Services safety-stick contract: held; Commissioner O'Leary said he will introduce his suggested edits and the county attorney's response next week. - Communication 26454, YMCA no-parking and 15 mph zone: Public Works Director Neary said the parking commission passed it unanimously for child safety; motion to place on file passed 12-0. - Communication 26486, Mary Burg's vacant lot purchase to build a home: held in abeyance pending land sales committee report. - Communication 26496, scheduling a public hearing on sole-sourcing Aqua Aerobic Systems for the Basin Creek water treatment plant: placed on file 12-0. - Communication 26497, scheduling a bid opening for solar speed radar signs: placed on file 12-0, with commissioners praising the public safety benefit. - Communication 26505, library solar panel project bid opening: held in abeyance pending the bid opening. - Petition 2026-01 was cross-referenced with Communication 2026-515 and placed on file 12-0. - Petition 2026-02 was cross-referenced with Communication 2026-516 and placed on file 12-0. Public Comments on Non-Agenda Items - During the non-agenda public comment period, numerous speakers opposed Chief Executive Gallagher's planned trip to Israel. They called the trip political despite his statement that it was not, cited ongoing harm to Palestinians, and urged him to decline. - Daniel Hogan described Israel as an apartheid state and called the trip an endorsement of genocide. - Lucas Henderson, a 13-year-old East Middle School student, said over 10% of Gaza's population has been killed or injured and compared more than 230,000 casualties to "seven Buttes." - Chris Astori said the trip was inherently political, accused Gallagher of lacking integrity, and referenced family history in residential schools. - Canyon Stevens said the people of Butte deserve concrete results and transparency about who organized and paid for the trip. - Logan Warner said the trip would likely be an influence operation and expressed concern about foreign influence in Montana politics. - Brian Bigelow said an official visit legitimizes the Israeli government's actions and that Gallagher must choose between ignorance and complicity. - Shady Hart raised timing during a heated election, continuity of government, and the trip's connection to critical-minerals discussions. - Connor Coe quoted Gallagher's statement and argued every part of the trip was political, including dialogues on economic development. - A.J. Brown cited Montana Code Annotated 2-2-104, a $50 gift threshold, and said the all-expenses-paid trip exceeds it, urging the council to remember the trip when evaluating future proposals. - Connie Thompson said the trip takes the top county official out of the country during the midterm election and that declining to take a stand on genocide is itself political. - Other speakers, including Jessica Jones, Sarah Hellstrand, and Ready Frost, also urged Gallagher to stay home and reconsider. - No formal council action was taken on the Israel trip; the meeting moved to adjournment after public comment. Key Outcomes - Council Bill 2026-03 was held in abeyance in the Committee of the Whole; it will return for further discussion in two weeks. - Jail food communication 2026-491 was noted and filed after the sheriff's report. - Routine communications and petitions were filed or held as noted above. - All recorded votes in the transcript were 12-0; this conflicts with the earlier roll-call count of 11 present, a discrepancy noted for the record. - No agenda or minutes were available for cross-checking, so this summary relies solely on the raw transcript.

The Judiciary Committee of the Butte-Silver Bow City and County government met on October 29, 2026, to address claims, communications related to data center moratorium and animal control ordinances, and a resolution for property transfer. (Note: The meeting transcript opens with a call to order for October 28, 2026; however, the provided meeting date is used per instruction.) All votes were unanimous unless otherwise noted. Consent Calendar - Two claims were approved unanimously: one for Downey Pump Company and groundwater service for $400, and a refund of a demo bond for Harrington Development also for $400. Motion carried with a second; no questions. Discussion Items - Communication 2026-435 (Data center moratorium): Commissioner Michelle Shea (District 2) requested council concurrence to direct the county attorney to prepare a temporary moratorium on data center development approvals. Commissioner Thatcher moved to hold the communication in abeyance (as a placeholder) since the ordinance had been referred to the committee of the whole. Motion passed. - Animal control ordinances (Communications 2026-236 and 2026-278): Commissioner Thatcher explained that the Animal Services Board and Director Hogart are awaiting planning director Crane’s recommendations on zoning before addressing the ordinances. The board meets on an as-needed basis; a meeting was held in September (no quorum) and October. Commissioner Thatcher suggested placing both communications in suspense until the first judiciary meeting in January 2027. Motions were made and seconded; both passed. - Communication 2026-511 (Property transfer resolution): Originally from Treasurer Lori Baker Patrick, this item was placed on the judiciary agenda in error. The committee segregated it for proper placement. The related resolution (authorizing transfer of Tract R5 in the Railpark Minor Subdivision to Tran Pack LLC) was amended on page two, line seven, to include the date “2026-514” instead of a blank. Motion to amend passed. Key Outcomes - Claims for Downey Pump Company and Harrington Development approved (total $800). - Communication 2026-435 held in abeyance. - Communications 2026-236 and 2026-278 placed in suspense until the first Judiciary Committee meeting in January 2027. - Communication 2026-511 removed from judiciary agenda to the correct committee; the associated resolution was amended to correct the date. - Meeting adjourned. Note: Date discrepancy – transcript indicates October 28, 2026, but the meeting date provided is October 29, 2026.

The Public Works Committee of Butte-Silver Bow met on October 29, 2026, to consider two communications: a presentation by Mark Phillips regarding a failed stormwater project on Western and Bretana, and a request from Susan Schultz for traffic safety measures at the intersection of Amherst and Sheridan. The committee held both items for further review and action. Public Comments & Testimony - Mark Phillips – Presented a detailed slideshow alleging that a stormwater channel constructed by the county in 2026 at the corner of Western and Bretana failed during rain events. He identified two failure points: water overwhelming the drain and bypassing the channel, and water exiting the drain pipe and seeping through the channel sidewall. He argued the channel’s path did not align with natural water flow and that subsequent maintenance had removed ground along the south side, creating a new failure risk. He requested the committee investigate the project’s design and construction to prevent future failures. - Susan Schultz – Asked the committee to approve installation of a traffic light or other awareness measures at the intersection of Amherst and Sheridan due to frequent accidents. She described a recent crash where a 15-year-old unlicensed driver pulled out of Sheridan into oncoming traffic, sending four people to the hospital. She noted that had been the fifth accident at that intersection in five years and that her steel fence saved her house from being hit. She expressed openness to speed bumps or rumble strips as alternatives. Discussion Items - Communication 2026-510 – Stormwater Project at Western and Bretana - Public Works Director Mark Neary responded that the channel predated county involvement (installed by the subdivision) and that the county had upgraded the catch basin, added a curb to direct water, and lowered the rock channel. He stated the upper channel was intended for overflow during large storms. - Neary disputed that county maintenance crews had excavated alongside the channel; he said a homeowner to the west had done that work. - Phillips countered with cadastral maps suggesting the land was school district property, not the homeowner’s. - Committee members questioned whether engineers should be hired and discussed liability. Commissioner Callahan noted the design appeared flawed from the start. - The committee decided to hold the item for two weeks to allow members to inspect the site and for staff to address remaining issues. - Communication 2026-513 – Intersection Safety at Amherst and Sheridan - Neary reported that road superintendent planned to deploy temporary speed signs on Amherst, though he acknowledged their limited effectiveness. - Discussion included possible four-way stop, flashing stop signs, rumble strips, and increased sheriff patrols. Neary noted a traffic study would be required for a traffic light and that monthly meetings with Montana Department of Transportation (MDT) could be used to request a study. - Commissioner O’Leary suggested a four-way stop as a simpler alternative. Commissioner Healy asked about flashing stop signs, but Neary mentioned noise complaints from nearby residents. - The committee moved to hold the communication to consult with MDT and explore options. Key Outcomes - Motion to hold Communication 2026-510 – Passed without objection. The item will be revisited in two weeks after committee members view the site and staff possibly implement further mitigation. - Motion to hold Communication 2026-513 – Passed without objection. The committee will consult with MDT and consider additional safety measures, including a four-way stop or patrols, before the next meeting.

The Finance and Budget Committee met on Wednesday, October 28, 2026, at 6 p.m. to review the expenditure list and budget transfers. Present were Commissioner Thatcher, Commissioner O'Neill, Commissioner Walker, and Commissioner Shea. Commissioners Boyle and Leary were absent and excused. No agenda or minutes were available in the source material. Expenditure List Review - The committee reviewed the expenditure list. Dr. Hasser highlighted one unusual item: "mushroom for Rock Park." She explained that it was a replacement for a musical mushroom sculpture at a park on Clark and Granite that was stolen shortly after being installed. The item description was simply "mushroom," so she asked for clarification. - Commissioner O'Neill asked about the claim for the local government study commission ballots. It was confirmed that the expense came out of the study commission's budget, which covers the last two years of the commission's work. Budget Transfers - A budget transfer of $700 was made to the Civic Center to cover the cost of a replacement desk for the main office. - A budget transfer of $800 was made for land records to fund an RFP publication to improve cadastral mapping. - No questions were raised regarding the budget transfers. Key Outcomes - A motion was made and seconded to approve the expenditure list as of Wednesday, October 28, 2026. The motion stated the amount as 493,472.71. The vote passed by voice vote with all in favor. Note: the transcript contains a discrepancy, recording the amount both as "493,472.71 cents" and, in the chair's announcement, as "four hundred and seventy-two dollars and seventy-one cents." - A motion to adjourn was made and passed by voice vote.

The Zoning Board of Adjustment held a special meeting on October 28, 2026, to consider Variance Application 26-18. The applicant, Justin Schwarzenberger, requested a 30-foot reduction in the 150-foot setback requirement from the ordinary high water mark of the Big Hole River to construct a single-family residence on Pump House Road in Divide. The board heard a staff report, applicant testimony, and public comment before voting 4-1 to approve the variance with specific conditions. Public Comments & Testimony - Public in Favor: Andrew Hansen, a Divide resident and contractor, supported the variance. He argued that building without the variance would cause greater soil disruption on the steep bank and potentially push the septic drain field closer to the river, making the project less protective. Jack McCormick, a Divide resident, presented a letter of support from adjacent neighbor Tom Madrazo, who received a similar variance in 2018. Letters were read into the record from three downstream riverfront property owners (Tom Madrazo, Steven Saluso, and Thomas Caddy). All stated that the proposal was modest, protected the riverbank and riparian vegetation, kept structures outside the floodplain, and placed the septic system over 200 feet from the river. They unanimously urged the board to approve the variance. - Public in Opposition: No members of the public spoke in opposition, and no opposing letters were submitted. Discussion Items - Staff Report: Planning staff presented the property history within the Big Hole River Intergovernmental Agreement (2005). Because the formal Big Hole River Standards Board is inactive (not convened since 2018), staff consulted the non-regulatory Big Hole River Watershed Steering Committee, which could not reach a unanimous consensus. Staff found a hardship exists due to the parcel's unique shape (deeper than wide) and a significant 33-foot geographical slope off Pump House Road. Staff determined the proposal would have minimal adverse impact on water quality or riparian resources. The septic system met all health requirements with a mixing zone located 205 feet from the river to maximize nutrient reduction, and all structures were outside the 100-year floodplain. Staff recommended approval with seven conditions. - Applicant Testimony: Justin Schwarzenberger stated the house structure would sit 133 feet from the high water mark, with only the deck reaching 120 feet. He argued the hardship stems from the steep 33-foot drop in grade from the road, which makes building at the full 150-foot setback infeasible without high retaining walls and a driveway too steep for winter access or emergency vehicles. He emphasized the septic location (205 feet back) was the most protective possible for the river. He accepted all seven of the staff's recommended conditions. - Board Discussion: Board Member Adams expressed concern over the lack of consensus from the Watershed Committee and questioned whether the property shape constituted a true hardship. Member Nichols discussed the septic system's design and the effort made to maximize distance between the drain field and the river. Staff Director Crane detailed the history of the Intergovernmental Agreement, explained the inactive Standards Board, and defended the staff's rationale for balancing private property rights with rigorous environmental protections (floodplain permits, native landscaping conditions). Chairman Cohen stated that the 150-foot setback itself creates a hardship on this uniquely constrained lot and the proposed layout is the most ecologically protective option available. Key Outcomes - Vote: The Zoning Board of Adjustment voted 4 to 1 to approve Variance Application 26-18. - Decision: The variance allows construction of the residence within 120 feet of the Big Hole River's ordinary high water mark, subject to seven conditions proposed by staff and accepted by the applicant. - Conditions: Key conditions include: (1) The variance applies only to the proposed residence; additions require further review. (2) The applicant must secure all necessary permits (building, electrical, plumbing, fire, floodplain). (3) Landscaping must consist of drought-resistant Montana native plantings instead of a manicured lawn to minimize nutrient runoff. (4) No excavated material may be stockpiled in the special flood hazard area. (5) Best management practices for erosion and sediment control must be implemented during construction.

The Butte Silver Bow Council of Commissioners held a regular meeting on Wednesday, October 21, 2026, at 1:27 AM UTC (corrected to local time). The meeting included public comments, approval of consent agenda with amendments, discussion and votes on several items including street vacations, firefighter life insurance and staffing agreements, and a resolution for a major subdivision. Commissioners Morgan, Shea, and Boyle were excused. All votes were 9-0 unless noted. Public Comments & Testimony - Susan Schultz (2931 Amherst Avenue): Expressed urgent safety concerns about the intersection of Amherst and Sheridan, citing at least five accidents since 2021. Described a recent crash involving three 15-year-olds without licenses, airbag deployment, and emergency room visits. Requested installation of a traffic light or speed bumps, noting her fence prevented a car from hitting her house. - Evan Barrett (807 West Silver Street): Thanked the council and commented on Communication 435 and Council Bill 03 regarding the moratorium, expressing support. Reported hearing from Anaconda about interest in a data center, including a visit from Trump administration representatives, a 900-acre parcel, and potential use of Butte water. Advised transparency from Butte government regarding any involvement. Also noted divided public opinion on the data center concept. Consent Calendar - Approved minutes of October 7, 2026 regular meeting and October 12, 2026 special meeting (9-0). - Approved consent agenda items A1-4 and B1-26 with friendly amendments from Commissioner Thatcher (correcting dates and street names) and segregations of items 8, 9, and 26. (9-0) Discussion Items - Bid Opening – Solar Speed Radar Signs: Five bids were received, ranging from $56,062.20 (Western Systems Inc.) to $97,060 (Norman Equipment). Referred to Public Works Department for recommendation (9-0). - Sole Source – Aqua Aerobic Systems: Director Neary requested a public hearing for sole source procurement of super fine powder activated carbon (SPAC) for Basin Creek Water Treatment Plant, used for taste and odor control. Cost $8,000 per tote, 2-4 totes per year, vs. $1.32 million for an in-house mixing system. Public hearing opened and closed with no opposition. - Firefighter Life Insurance Policy (Item 8 – Communication 2026-512): Director Osborne presented agreement with MetLife for $20,000 line-of-duty death benefit for 119 volunteer firefighters, annual premium $20,664 ($173 per firefighter). Coverage is $20,000 for those under a certain age, $10,000 for older firefighters. Funded from fire fund. Approved (9-0). - Traffic Safety Request (Item 9 – Communication 2026-513): Susan Schultz's request for a light or speed awareness at Amherst and Sheridan was referred to the Public Works Committee for further discussion (9-0). - Firefighter Staffing MOU (Item 26 – Communication 2026-532): Director Worm and Chief Osborne explained a collective bargaining agreement to use $100,000 from FY27 budget for overtime to bring staffing at South Side station from two to three firefighters per shift when reduced due to call-offs or sickness. Approved (9-0). - Street Vacation – Alabama Street (Communication 2026-515): Petitioner Eric Stevenberg seeks vacation of a 17,000 sq ft unbuilt street portion for $500 fee (per street vacation ordinance). Debate: Commissioner Fisher questioned fairness of $500 vs. market value; others noted the land is steep, rocky, and needed for a building setback. Approved with direction to prepare resolution (9-0). - Street Vacation – Berlin Street (Communication 2026-516): Petitioner Jeffrey D. Hoffman seeks vacation of a 6,000 sq ft unbuilt street portion in Williamsburg for $500 fee. Land is a hole needing fill. Approved with direction to prepare resolution (9-0). - Final Readings: Resolution 2026-63 approving transfer of property in Railpark Minor Subdivision to Silverbow Rail Park RE2 LLC passed (9-0). Resolution 2026-64 granting conditional approval of Quarry Meadows Major Subdivision passed (9-0). Key Outcomes - All votes on consent agenda, individual items, and resolutions were 9-0. - Chief Executive's Announcement: Gallagher accepted an invitation to visit Israel with a Pacific Northwest delegation (Oct 31 – Nov 6, 2026) at no cost to local government, to discuss infrastructure, critical minerals, and economic development. Also cautioned against rumors about data centers, noting that any water use would require council approval. - Referrals: Solar speed radar sign bids to Public Works; Schultz traffic concern to Public Works Committee. - Ordinance Review: Commissioners expressed intent to revisit the street and alley vacation ordinance (Code Section 362) due to perceived low fees. - Next Steps: County attorney to prepare resolutions for Alabama and Berlin Street vacations; Judiciary Committee to review resolutions.