OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Butte Silver Bow Council of Commissioners Meeting - Jan 28, 2026

Council of Commissioners & Committees — Thursday, January 29, 2026
BodyButte Silver Bow, Montana
SessionCouncil of Commissioners & Committees
DateThursday, January 29, 2026
StatusFILED
Video Record
0:00 / 2:17:44

Transcript — Verbatim
0:44

You still have them?

0:45

So you don't have my mom, you can pass it off, so you don't want like that.

0:54

Oh last time.

0:57

Do you ever have meetings?

0:59

Uh meetings for your constituency, just your district.

1:04

Use it.

1:08

You know people show up.

1:28

And how do you advertise it?

1:44

I was thinking of an hour a week at the library.

2:18

You just have to sit here and watch Anderson all the time because it makes us feel guilty because we don't know if you see it with Matthew.

2:30

We don't know if he's got ice with them, but what's going on?

2:39

Yeah, nice ladies.

3:04

I'll bring the Butte Silver Bow Council of Commissioners Committee of the Whole Meeting to order for Wednesday, January 28th, 2026.

3:11

Can we please have a roll call?

3:15

One presiding, ten present, one absent.

3:20

Okay, please let the record reflect that Commissioner Healy is is absent tonight.

3:25

Commissioner O'Neill, I uh you're here, so we're gonna count that that is green.

3:31

So um thank you.

3:33

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

3:58

Pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God and divisible with liberty and justice for all.

4:15

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

4:22

If there's any member of the public that would like to speak on any item that's on tonight's agenda, um now would be your opportunity.

4:31

If please uh come up to the podium and state your name and address for the record, we do ask that you keep your comments to three minutes.

4:41

Okay, there it is.

4:42

Uh yeah, my name's John Search, 1820 Wilson.

4:44

Uh beat Montana.

4:46

Say I this is uh regards to a presentation communication number 2621 on the uh siding committee.

4:53

You know, I sat on that siding committee for three years, and I believe we did a lot of good work.

5:00

I believe that technical team has found a wonderful place to put that soil.

5:02

And just I think I'm just speaking to the choir, but you know, without a without a place to put that soil, there is no cleanup, and I think it's loud and clear what people want.

5:12

Let's get the cleanup going.

5:14

Thank you, Mr.

5:15

Sorich.

5:16

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

5:23

Please state your name and address for the record.

5:29

Ms.

5:29

Chair and members of the commission.

5:31

Uh my name's Evan Barrett, 807 West Silver Street.

5:36

I want to uh briefly comment on the communication uh 2026 21, which is the repository report.

5:45

Uh quite interesting and its movement forward.

5:49

I think, of course, we all recognize the need to be nice to get something going on this.

5:55

And I know I think that'll be part of the impetus on this.

5:58

Why don't we get something going?

6:00

It is important, however, that we do it right.

6:03

And so I'm eager to hear the presentation.

6:06

I've looked at it and I've read it, and I'm eager to hear the presentation.

6:09

It's a pretty significant change from where we were a few months ago, which was Berkeley Pitt.

6:16

And I think it's the time frame of getting Berkeley Pitt prepared or knowing it would work is the reason we're looking at an alternative site here now.

6:23

I am intrigued by the site.

6:26

Uh I told uh the representative from from our co Josh that the other day that I'm I'm willing to be persuaded that this is a good site.

6:37

And so it's important that we take a look at it and see if it if it meets the needs of the community.

6:43

There's been a lot of progress made of taking it out of uh certain places that it really didn't belong.

6:48

So the site change is uh is an opportunity here, and I'm uh eager to see how they advance it.

6:55

I would say, however, that this is going back to our all of our previous discussions.

7:02

The committee, two things about the committee, their process is flawed, and I don't know if we'll ever be able to fix that, but basically we have had a series of public meetings that have had no public notice, that have had no public agenda, have had no minutes that were produced for that, and no invitation for regular folks to attend.

7:28

And that has not changed, and there's seven of those meetings that are listed in the report, and I know at least six of them uh did not have anybody there.

7:38

Uh so the process is flawed, and it it's a violation of the right of participation in the Montana Constitution.

7:46

A right for the citizenry to participate, not at the last vote, but during the process of developing the stuff.

7:54

Now that can't be fixed, and I don't know what we do about it, but we better recognize it for the future.

7:59

And now, again, I'm willing to be persuaded that this might be a good choice.

Discussion Breakdown — Share of Meeting
Procedural██████████████████18%
Technology and Innovation█████████████████17%
Environmental Protection██████████████14%
Emergency Management█████████████13%
Public Safety████████████12%
Historic Preservation████████8%
Public Engagement█████5%
Engineering And Infrastructure█████5%
Zoning And Land Use███3%
Summary of Proceedings

Butte Silver Bow Council of Commissioners Meeting - Jan 28, 2026

The Council of Commissioners convened for a Committee of the Whole meeting on Wednesday, January 28, 2026, following the passing of long-time community member Mr. Fritz Daly. The agenda featured presentations on the Butte Priority Soils repository siting, emergency operations center activations regarding recent water and wind events, and a public education session on AI-powered surveillance systems. Commissioner Gerbrandt was welcomed to the body. Key decisions included the approval of land sales communications, the placement of public health budget amendments in abeyance pending February hearings, and the vote to place the Flock surveillance presentation on file rather than formally referring questions to staff.

Consent Calendar

  • Communication 2025-01 (Sarah Bordoon): Moved to place on file regarding impacts of a data center (11-0 vote).
  • Communication 2026-05 (John Morgan): Moved to place on file regarding the appointment of Commissioner Gerbrandt as interim replacement (11-0 vote).
  • Communication 2026-10 (Mark Neary): Moved to place on file regarding the bid opening for main water materials replacement (11-0 vote).
  • Communication 2026-34 (Kayla Lappin): Moved to place on file regarding the purchase and sale agreement for Montana Connections Park (11-0 vote).

Public Comments & Testimony

  • John Search (1820 Wilson, Butte): Expressed support for the sediment cleanup, noting that technical teams have identified a suitable location for repository soil. Stated clearly that "without a place to put that soil, there is no cleanup" and urged the council to move the process forward.
  • Evan Barrett (807 West Silver Street): Expressed concern regarding the flawed process of the repository siting committee, specifically citing seven public meetings held without notice, agenda, or minutes, which he argued violated the Montana Constitution's right to participation. Expressed skepticism regarding the elimination of "Opportunity Ponds" as a site, stating it was "not duly considered" due to this flawed process, though he stated he remained "willing to be persuaded" the current preferred site was good. Highlighted cybersecurity risks associated with Flock cameras, specifically mentioning unsecured cameras leaking 913 vulnerabilities and credential leaks on Russian hacking forums.
  • Jason Rackham (2234 Grand Avenue, Butte): Expressed strong opposition to AI-powered surveillance cameras (Flock Safety), arguing they violate Montana's constitutional privacy standard by collecting broadly before searching, creating a generalized tracking capability. Stated that such systems invert the constitutional baseline and cause First Amendment chilling effects on lawful associations.
  • Finn Guerin (642 West Granite Street, Butte): Exposed opposition to Flock Safety, echoing Mr. Rackham's concerns and adding that the company has terrible cybersecurity practices. Cited reports that Flock contractors in the Philippines process data without clear legal protections and noted the cameras run an unpatched Android version with over 913 vulnerabilities. Mentioned that several cities (Austin, Flagstaff, Santa Cruz, etc.) have cancelled contracts due to these risks.
  • Nathan Bowman (18 North Clark Street, View Montana): Clarified that the City and County are not currently pursuing Flock cameras, citing Montana state law (HB 178) prohibiting AI surveillance of public places. Stated the presentation was an "eye-opening" preventative measure. Expressed concern that state laws are being overrun by the federal government and urged the public to research connections between Flock and Ring.
  • Evan Barrett (Repeated): Provided a historical tribute to Don Peoples, Chief Executive from 1979-1989, describing him as a "mentor" who mobilized the community during the Anaconda plant closure. Expressed that Peoples' leadership transformed Butte into a "can-do city" and led to its recognition as an All-American City in 1988.

Discussion Items

  • Repository Siting (Communication 2026-21): Director Josh Bryson (Atlantic Richfield) presented the final recommendation to use the Butte Mine Waste Repository for 1.1 million cubic yards of mine waste tailings over 5-7 years. Stated that the site is already approved under the 2020 consent decree and avoids the regulatory conflicts of circular law associated with other sites. Explained that the Opportunity Ponds were eliminated because they were the furthest distance from the source (EPA criteria) and would require using BNSF/UP railroads, which are settling defendants unwilling to host ARCO waste or lack the necessary capacity. Addressed Commissioner Callahan's concern about capacity, stating the repository is now estimated to hold 1.4 million cubic yards vertically, accommodating the waste from corridor projects while leaving room for local operations. Discussed traffic mitigation plans, including AI driver monitoring and limiting haul times during peak hours.
  • Emergency Operations Center (Communication 2026-26): Director Lisa Carey presented on two activations: a 10-day "Do Not Consume" water order (August) and a historic wind event (December 17). Reported that 4,000 cases of water were distributed during the water incident, and the EOC managed over 2,300 hotline calls. Highlighted lessons learned, including the need for additional radios, limited chainsaw availability, and gaps in generator coverage for facilities like the Health Department and City Shops. Noted that the Everbridge notification system reached a large population but encouraged residents to register personally to ensure accurate contact information.
  • Flock Safety Cameras (Communication 2026-24): Commissioners and the County Attorney discussed the legality and feasibility of Flock cameras. County Attorney Enrith confirmed that Montana law (HB 178 and MCA 44-15-104) explicitly prohibits government implementation of AI surveillance and facial recognition in public places. Chairman Morgan clarified the administration has no intent to pursue this technology. Commissioner Shea suggested an ordinance to prohibit the technology on private property to prevent data harvesting, though noted the Council cannot regulate private property rights directly.

Key Outcomes

  • Motions Passed:
    • Communication 2025-01 (Bordoon) placed on file (11-0).
    • Communication 2026-05 (Morgan) placed on file (11-0).
    • Communication 2026-10 (Neary) placed on file (11-0).
    • Communication 2026-34 (Lappin) placed on file (11-0).
  • Motions Failed:
    • Motion to refer Communication 2026-24 (Bowman) questions to the County Attorney and IT Department failed (2-9).
  • Action Items:
    • Communication 2026-24 (Bowman) placed on file (10-1 vote).
    • Communications regarding land sales (2025-581, 2025-249, 2025-587) held in abeyance pending reports from the Land Sales Committee.
    • Communications regarding budget amendments (2026-46 through 2026-51) held in abeyance pending February 4th public hearings.
    • Bid opening Communication 2026-25 postponed to next week due to publication issues.
    • Commissioner Gerbrandt welcomed as the new Commissioner for District 1.

Meeting Transcript

You still have them? So you don't have my mom, you can pass it off, so you don't want like that. Oh last time. Do you ever have meetings? Uh meetings for your constituency, just your district. Use it. You know people show up. And how do you advertise it? I was thinking of an hour a week at the library. You just have to sit here and watch Anderson all the time because it makes us feel guilty because we don't know if you see it with Matthew. We don't know if he's got ice with them, but what's going on? Yeah, nice ladies. I'll bring the Butte Silver Bow Council of Commissioners Committee of the Whole Meeting to order for Wednesday, January 28th, 2026. Can we please have a roll call? One presiding, ten present, one absent. Okay, please let the record reflect that Commissioner Healy is is absent tonight. Commissioner O'Neill, I uh you're here, so we're gonna count that that is green. So um thank you. Uh Commissioner Walker, would you please lead us in the prayer and the pledge? Pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God and divisible with liberty and justice for all. Next item on tonight's agenda is any public comment on any items that's on tonight's agenda. If there's any member of the public that would like to speak on any item that's on tonight's agenda, um now would be your opportunity. If please uh come up to the podium and state your name and address for the record, we do ask that you keep your comments to three minutes. Okay, there it is. Uh yeah, my name's John Search, 1820 Wilson. Uh beat Montana. Say I this is uh regards to a presentation communication number 2621 on the uh siding committee. You know, I sat on that siding committee for three years, and I believe we did a lot of good work. I believe that technical team has found a wonderful place to put that soil. And just I think I'm just speaking to the choir, but you know, without a without a place to put that soil, there is no cleanup, and I think it's loud and clear what people want. Let's get the cleanup going. Thank you, Mr. Sorich. Is there any other member of the public that would like to speak on any item that's on tonight's agenda? Please state your name and address for the record. Ms. Chair and members of the commission. Uh my name's Evan Barrett, 807 West Silver Street. I want to uh briefly comment on the communication uh 2026 21, which is the repository report. Uh quite interesting and its movement forward. I think, of course, we all recognize the need to be nice to get something going on this. And I know I think that'll be part of the impetus on this. Why don't we get something going? It is important, however, that we do it right. And so I'm eager to hear the presentation. I've looked at it and I've read it, and I'm eager to hear the presentation. It's a pretty significant change from where we were a few months ago, which was Berkeley Pitt. And I think it's the time frame of getting Berkeley Pitt prepared or knowing it would work is the reason we're looking at an alternative site here now. I am intrigued by the site. Uh I told uh the representative from from our co Josh that the other day that I'm I'm willing to be persuaded that this is a good site.

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