OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Butte Silver Bow Council Meeting Summary - December 10, 2025

Council of Commissioners & Committees — Thursday, December 11, 2025
BodyButte Silver Bow, Montana
SessionCouncil of Commissioners & Committees
DateThursday, December 11, 2025
StatusFILED
Video Record
0:00 / 2:28:49

Transcript — Verbatim
0:24

I'll bring the Butte Silver Bow Council of Commissioners Committee of the whole meeting to order for Tuesday, December 10th, 2025.

0:31

Can we please have a roll call?

0:40

One presiding, nine present, one absent.

0:44

Okay, please let the record reflect that Commissioner Anderson and Commissioner Boyle are excused.

0:52

Two absent.

0:53

Can you can you restate that just for the record?

0:56

There's one presiding, nine present, two absent.

1:00

Okay.

1:00

Commissioner Anderson and Commissioner Boyle are excused.

1:04

Commissioner Walker, would you please lead us in the prayer and the pledge?

1:22

So that we're on our seasons.

1:26

Amen.

1:44

Next item on tonight's agenda is any public comment on any items that's on tonight's agenda.

1:50

If you are here to speak on the public hearing for communication 2025-576, I would ask that you just hold off until the actual public hearing so that we can make it an official part of the record.

2:02

So this public comment on any items on the agenda would really pertain to Section 2 communications one through one through five.

2:11

So if there's any member of the public that would like to speak on any of those items, now would be your opportunity to come to the podium.

2:22

Mr.

2:23

Barrett, please state your name and address for the record after pressing the button on the bottom.

2:28

There you go.

2:29

Welcome.

2:30

Mr.

2:31

Chair Evan Barrett, 807 West Silver.

2:34

Frankly, I would I wondered if you were going to be uh taking uh any uh input or allowing any discussion, brief brief discussion when item three comes up on the agenda.

2:48

If you I'd rather speak at that time than this time.

2:52

Now's your opportunity, Mr.

2:54

Barrett, as a as a member of the public to speak on anything on tonight's agenda.

3:00

I'm asking, is three going to come up for at the you know later in the meeting.

3:06

Yes, it will, but you're not you didn't that's not your communication.

3:12

Uh I was uh asked to be here to make some comment on that.

3:18

Well, okay.

3:20

Thank you.

3:22

The uh comment I want to make on the whole concept of the data center as I continue to uh research.

3:34

I'm finding there's still a lot of unanswered questions.

3:38

Uh there's a lot of assertions and hypotheticals.

3:42

Well, maybe this, maybe that.

3:45

Uh somebody could do this and might do this.

3:48

Uh, but it's uh very hard to see what the commitments are other than the commitment that Butte made to sell to sell land, which I think was a premature decision in the first place.

4:01

And we've uh discussed that at least uh twice before.

4:06

Uh that we weren't ready for that movement of selling 600 acres.

4:11

Uh and now we're gonna wait till February.

4:14

And uh I personally hope that uh they can't they have reasons not to meet the February thing, so Butte could again uh see that it has its input now.

4:25

Uh what I do want to recommend is uh increased public process.

4:31

Uh there the land was purchased with with virtually no public process.

4:37

Uh and uh as we move forward, uh we should make sure we should have uh public hearings probably by uh the TED board out at uh Montana Connections so they can get adequate input so they can make a proper recommendation to you, and some hearing process here that allows the public to be the proper processes.

5:00

And as we move forward, we should make sure we should have public hearings probably by the TED board out at uh Montana Connections so they can get adequate input so they can make a proper recommendation to you and some hearing process here that allows the public to be the proper processes, you know, notice of the meetings, plenty of publicity and notice of the meetings, a specific agenda for the meeting, and then of course ultimately uh minutes and and and and full discussion at the meetings.

5:22

Uh I think saying that the council makes the final decision, so any comment before the council uh represents adequate uh public input, uh does not do justice to the provisions of the Montana Constitution that say that the citizenry has the right to participate in uh the uh in the public process prior to the decisions being made.

5:48

And then you wait till the last second to take public input, you go 98% down the road and expect some uh the everybody to turn around and go back to the beginning of the road.

5:59

We need to have adequate public process as we go down the road to make sure we don't make mistakes.

6:06

I remain intrigued with the concept of uh of a data center and the benefits it might bring to butte.

6:14

I still remain have many, many questions about whether the potential negatives of it have been adequately explored to the satisfaction of the citizenry, and I must say the reaction I get on the streets of Butte will say keep that up.

6:31

We need to do no more, and we need to do more as citizens.

6:35

I think your your uh your uh citizens of do not feel that that they've had adequate uh process to this point, and we should work to achieve that.

6:45

Uh and we have two local two places to do it.

6:48

Here is the last place, the TED board is the first place, and it should be proper public process, not just offhand comments and and that type of thing.

6:58

Uh so I urge the council to adopt that approach to uh uh uh the the proposed uh uh data center uh and ancillary act uh activities.

7:12

So thank you.

7:14

Thank you, Mr.

7:15

Barrett.

7:16

Is there any other member of the public that would like to speak on any item that is on tonight's agenda?

7:23

No.

Discussion Breakdown — Share of Meeting
Disability Rights█████████████████████████████████████████████46%
Procedural███████████████████19%
Data Center Development████████████████16%
Energy Policy██████6%
Public Engagement████4%
Economic Development████4%
Active Transportation██2%
Budget Equity Analysis█1%
Historic Preservation█1%
Summary of Proceedings

Butte Silver Bow Council of Commissioners Meeting - December 10, 2025

The Butte Silver Bow Council of Commissioners convened a meeting of the whole on December 10, 2025, addressing public hearings regarding accessibility compliance, data center taxation inquiries, and land sales, alongside routine administrative items. The meeting featured significant debate regarding the proposed Data Center communications, resulting in a tie vote that was ultimately resolved by placing the item in the suspense file until January 14, 2026, to allow for further public engagement and digesting of information.

Consent Calendar

  • Communication 2025-520: Placed on file and cross-referenced with 2025-582. Vote: 10 Yay, 0 Nay.
  • Communication 2025-249: Held in abeyance pending a report from the land sales committee.
  • Communication 2025-581: Approval of communication 2025-249 (Salmanson land purchase) held in abeyance pending the land sales committee report.

Public Comments & Testimony

  • Evan Barrett (807 West Silver): Expressed deep concern regarding data center energy contracts and Northwestern Energy's transparency with the Public Service Commission (PSC) and FERC. He argued that the utility's opacity and the placement of coal strip shares outside PSC regulation threaten ratepayers. He urged the council to consider joining a lawsuit with the group "Butte Watchdogs for Social and Environmental Justice" to ensure a protective tariff is established.
  • Cassie Wick (Ability Montana): Expressed strong support for the ADA Transition Plan, emphasizing the need for a roadmap to remove barriers like broken sidewalks and safe crossings.
  • Lucy Galaris (Wheelchair user): Urged the council to adopt the plan to allow independence, noting that current infrastructure forces residents to rely on family for basic mobility.
  • Alice De Shea, Suzanne Nashby, Heather Raymond, Dave Hutchins, Bradenheir, and Clayton Elliott: All expressed support for the ADA Transition Plan, citing inclusivity, safety, and the benefits for aging residents and visitors.
  • Clayton Elliott (reading for Abigail St. Lawrence): Presented a position in support of the plan, recounting how a stroke made steep stairs and inaccessible buildings a daily barrier.
  • Melanie Ray Went & Jack Roscoe: Expressed support for the plan, with Ray Went highlighting the need for accessibility in historic venues like the Covelite Theater and Roscoe emphasizing the benefit for visitors and families.
  • Public Comment (Unidentified): Noted that while the plan is comprehensive, snow removal on sidewalks remains a critical, immediate barrier that needs enforcement focus.

Discussion Items

  • ADA Self-Evaluation and Transition Plan (Communication 2025-576):

    • Staff & Consultants: James O'Leary (ADA Coordinator) and John McGovern/Shelley Zuniga (WT Group) presented findings from an extensive audit. They explained that Title II requires a phased retrofit plan. They noted that while new construction must comply, existing sites require evaluation and prioritization. The total estimated cost for retrofitting all sites was approximately $34.9 million, with Phase 1-3 estimated at under $10 million.
    • Commissioner Callahan: Asked about liability for errors in new construction, noting that even new buildings sometimes fail compliance due to misunderstandings of standards or contractor errors.
    • Commissioner Healy: Raised a specific concern about an unpaved alley with gravel that sinks when wet, hindering a resident with a disabled son, and asked how the city should approach this.
    • Commissioner O'Leary: Inquired about the legal definitions of "technical infeasibility" and "undue burden," particularly regarding historic buildings and steep terrain.
    • Chief Executive Gallagher: Stated that the implementation will require a phased budget approach over 20 years, with immediate focus on "zero-dollar costs" (policy changes) and integrating larger projects into the capital improvement plan.
    • Commissioner Fisher: Advocated for keeping the data center communication on the agenda to allow for continued public debate, citing concerns about putting faith in Northwestern Energy's answers.

  • Data Center Taxation & Energy (Communication 2025-546):

    • Staff Response: Clarified that the 0.9% property tax rate is a state-mandated classification (Class 17), not a council-granted tax break. Revenue collected within the Montana Connections TED district can be used for local improvements or remitted to taxing jurisdictions via agreement.
    • Northwestern Energy Representation: Stated that imports are less than 25% of energy, and the company is generally in an exporting mode. They assured that costs associated with the Puget Sound/Avista coal strip share will not be passed to Montana ratepayers until needed.
    • Sarah Bordoon: Expressed concern and caution regarding the energy supply gap, the lack of binding protections for ratepayers in large load contracts, and the possibility that the 0.9% tax classification might not be necessary for a viable business. She questioned the logic of data centers needing to be physically close to local businesses.
    • Commissioner Callahan: Warned that Montana is an "energy island" with limited import capacity, citing a study that showed high costs during the polar plunge.
    • Procedural Debate: A tie vote (5-5) occurred on a motion to place the communication on file (failed) and a motion to hold in abeyance (failed). Commissioner Fisher suggested placing the item in the suspense file until January 14, 2026, to allow the community to digest the information and prevent the topic from being dismissed without a decision.

Key Outcomes

  • Motion Passed: Communication 2025-520 placed on file (10-0).
  • Motion Passed: Communication 2025-546 (Data Center questions) placed in the suspense file until the January 14, 2026, Committee of the Whole meeting (7 Yay, 3 Nay). This keeps the item on the agenda for further consideration rather than closing it.
  • Motion Passed: Communication 2025-576 (ADA Plan) placed on file after the public hearing, with no further action required at this time as the hearing was concluded (10 Yay, 0 Nay).
  • Motion Failed: Multiple attempts to vote on placing 2025-546 on file or holding it in abeyance resulted in ties (5-5), leading to the compromise of the suspense file motion.
  • Procedural Resolution: The council decided to keep the data center communication active on the agenda until January to facilitate further public input and avoid premature closure of the topic.

Meeting Transcript

I'll bring the Butte Silver Bow Council of Commissioners Committee of the whole meeting to order for Tuesday, December 10th, 2025. Can we please have a roll call? One presiding, nine present, one absent. Okay, please let the record reflect that Commissioner Anderson and Commissioner Boyle are excused. Two absent. Can you can you restate that just for the record? There's one presiding, nine present, two absent. Okay. Commissioner Anderson and Commissioner Boyle are excused. Commissioner Walker, would you please lead us in the prayer and the pledge? So that we're on our seasons. Amen. Next item on tonight's agenda is any public comment on any items that's on tonight's agenda. If you are here to speak on the public hearing for communication 2025-576, I would ask that you just hold off until the actual public hearing so that we can make it an official part of the record. So this public comment on any items on the agenda would really pertain to Section 2 communications one through one through five. So if there's any member of the public that would like to speak on any of those items, now would be your opportunity to come to the podium. Mr. Barrett, please state your name and address for the record after pressing the button on the bottom. There you go. Welcome. Mr. Chair Evan Barrett, 807 West Silver. Frankly, I would I wondered if you were going to be uh taking uh any uh input or allowing any discussion, brief brief discussion when item three comes up on the agenda. If you I'd rather speak at that time than this time. Now's your opportunity, Mr. Barrett, as a as a member of the public to speak on anything on tonight's agenda. I'm asking, is three going to come up for at the you know later in the meeting. Yes, it will, but you're not you didn't that's not your communication. Uh I was uh asked to be here to make some comment on that. Well, okay. Thank you. The uh comment I want to make on the whole concept of the data center as I continue to uh research. I'm finding there's still a lot of unanswered questions. Uh there's a lot of assertions and hypotheticals. Well, maybe this, maybe that. Uh somebody could do this and might do this. Uh, but it's uh very hard to see what the commitments are other than the commitment that Butte made to sell to sell land, which I think was a premature decision in the first place. And we've uh discussed that at least uh twice before. Uh that we weren't ready for that movement of selling 600 acres. Uh and now we're gonna wait till February. And uh I personally hope that uh they can't they have reasons not to meet the February thing, so Butte could again uh see that it has its input now. Uh what I do want to recommend is uh increased public process. Uh there the land was purchased with with virtually no public process. Uh and uh as we move forward, uh we should make sure we should have uh public hearings probably by uh the TED board out at uh Montana Connections so they can get adequate input so they can make a proper recommendation to you, and some hearing process here that allows the public to be the proper processes. And as we move forward, we should make sure we should have public hearings probably by the TED board out at uh Montana Connections so they can get adequate input so they can make a proper recommendation to you and some hearing process here that allows the public to be the proper processes, you know, notice of the meetings, plenty of publicity and notice of the meetings, a specific agenda for the meeting, and then of course ultimately uh minutes and and and and full discussion at the meetings. Uh I think saying that the council makes the final decision, so any comment before the council uh represents adequate uh public input, uh does not do justice to the provisions of the Montana Constitution that say that the citizenry has the right to participate in uh the uh in the public process prior to the decisions being made. And then you wait till the last second to take public input, you go 98% down the road and expect some uh the everybody to turn around and go back to the beginning of the road. We need to have adequate public process as we go down the road to make sure we don't make mistakes. I remain intrigued with the concept of uh of a data center and the benefits it might bring to butte. I still remain have many, many questions about whether the potential negatives of it have been adequately explored to the satisfaction of the citizenry, and I must say the reaction I get on the streets of Butte will say keep that up.

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