Butte Silver Bow Judiciary Committee Meeting Summary - August 28, 2025

Note: The transcript begins with "August 27, 2025," but the meeting date provided for this summary is August 28, 2025 00:59:40 UTC. This discrepancy is reflected here.

The Judiciary Committee of the Butte Silver Bow County Council of Commissioners met on August 28, 2025, to discuss several items, including a request to draft a new marijuana ordinance, approval of tax deed sales, claims, a solid waste district boundary change, and a referral regarding urban camping. The meeting ran short on time and was adjourned to reconvene after the Committee of the Whole.

Consent Calendar

• Communication 2025-310 (County Attorney Matt Enruth requesting authorization to draft a new ordinance regulating medical and recreational marijuana): Held in abeyance on motion by Commissioner Shea, seconded, pending additional work by Planning and to allow time for Commissioner Healy's topic. Passed unanimously.
• Communication 2025-353 (Treasurer Lori Baker Patrick requesting approval of tax deed auction and sale): Cross-referenced with Resolution 2025-35 and placed on file. Commissioner Callahan noted that one property (a lot associated with a house) sold; the rest were redeemed. Passed unanimously.
• Claims: Three claims approved: Boone Capital Corporation ($9,134.45 for tax redemption), David Goodwin ($100 for canceled special use application), and City Service Falcon ($20,234.46 for bond refund). Passed unanimously.
• Resolution 2025-31 (Intent to alter boundaries of Solid Waste Special District to include Homestake Meadows 2 subdivision): Held in abeyance due to an active protest period. Passed unanimously.

Public Comments & Testimony

• Sid Debarthy (127 Wren's Drive, Butte): Expressed concern about large encampments (e.g., at Father Sheehan Park and Pinion Street) that were cleaned up by Director Frederickson after a month but quickly rebuilt. He noted that trails are now avoided by families with children, and that existing ordinances are selectively enforced (e.g., against tournament families but not homeless camps). Supported enforcement and consolidation of ordinances.
• Bernie McCarthy (3440 Hannibal, Butte, deacon at St. Patrick's and Immaculate Conception): Argued that the core issues are homelessness and lack of mental health care, not urban camping itself. Said most homeless people want housing, and that dividing people into "these people and those people" is unethical. Called for supportive housing and street-level mental health services. He acknowledged existing ordinances but urged a focus on housing inventory and mental health. In response to Commissioner Callahan, he stated that supportive housing with case management works, citing a personal success story, and that landlords' concerns about property damage are a symptom of the lack of support.
• Sarah Burdoon (1127 Waukesha Street, landlord and nurse): Shared experience as a landlord dealing with property damage and as a nurse working on a project to house frequent users of emergency services. She noted that HUD and Action Inc. are planning a supportive housing fourplex, and that case management once provided by Western Montana Mental Health was cut years ago. She advocated for intensive case management and housing as solutions.

Discussion Items

• Communication 2025-374 (Commissioner Trudy Healy requesting referral to Judiciary Committee and County Attorney to develop an ordinance addressing urban camping on public streets): Commissioner Healy described a large encampment at Father Sheehan Park (with garbage in the creek, a willow branch bridge, and a "No Camping" sign) and another on Pinion Street. She stated that individuals become criminals through their conduct, not by labeling, and that city crews cleaned up at taxpayer expense. She emphasized that citizens feel unsafe and alter their routes to avoid parks and trails. Commissioner Healy noted that the encampment was rebuilt after cleanup.

  County Attorney Matt Enruth responded that multiple zero-camping ordinances already exist on the books, and that the issue is one of resource and enforcement, not a need for new ordinances.

  Commissioner Callahan commented that landlords have switched to short-term rentals because tenants (some housed by Catholic Church or housing authority) destroy properties, costing months to repair. He argued that mental illness does not excuse lawbreaking and that solutions must address both housing and mental health.

  Commissioner Healy later noted that being housed does not fix mental illness, citing a neighbor who required a restraining order despite being housed.

  The meeting ran out of time before a vote could be taken on the referral. The committee will reconvene after the Committee of the Whole to continue discussion.

Key Outcomes

• Held in abeyance: Communication 2025-310 (marijuana ordinance) and Resolution 2025-31 (solid waste district).
• Approved and placed on file: Communication 2025-353 (tax deed sale) and the three claims.
• No decision on urban camping referral: Communication 2025-374 remained pending due to time constraints; discussion will continue later in the evening.