Butte Silver-Bow Judiciary Committee Meeting - September 10, 2026
Butte Silver-Bow Judiciary Committee Meeting - September 10, 2026
The Judiciary Committee of the Butte Silver-Bow Council of Commissioners met on September 10, 2026 (per official record; the transcript notes the meeting was called to order on September 9). All seven commissioners were present along with Deputy County Attorney Brian Dunlap. The committee addressed three resolutions, a set of claims, and a communication concerning a potential moratorium on data center development.
Consent Calendar
- Resolution 2026-54: A resolution amending Resolution2024-6-1 to correct the assessment table for Business Improvement District No. 1. The committee voted to hold the resolution in advance (pending further action). Motion passed unanimously.
- Resolution2026-55: A resolution establishing assessments for the Special Tourism Business Improvement District No.1 for fiscal year2026. Commissioner Thatcher moved to amend the resolution (striking line10 on page4). The amended resolution was moved to final reading and passed unanimously.
- Resolution2026-56: Granting conditional approval of the Prado Verde Estates Minor Subdivision. The committee moved the resolution to final reading and passed unanimously.
- Claims: Four refund requests were approved unanimously: Daniel Chades ($200 for demolition bond at 929 South Arizona), Joe Kerry ($200 for demo bond at1040 Utah), Martin Saluso ($1,000 for sidewalk replacement bond in front of the M.M.), and Michael O'Connor ($100 for removal of sheds at300 Holland Street). Commissioner Healy asked whether uptown businesses are responsible for sidewalks; staff clarified the refund is for a contractor bond.
Discussion Items
- Communication2026-435: Commissioner Michelle Shea requested that the county attorney draft a temporary moratorium on data center development approvals. Deputy County Attorney Dunlap reported that County Attorney Enruth is working on a draft expected by Friday and will be ready for the next meeting. Planning Director Crane explained the legal framework for an interim zoning ordinance under Montana Code Annotated §76-23-06 and §76-23-04, noting it would apply countywide, last six months (extendable up to two one-year extensions with two-thirds vote), and must lead to permanent regulations. She stated the current draft zoning ordinance (published June25,2025) already includes definitions and performance measures for data centers, which could be removed and handled separately to avoid delaying the overall zoning update. Community and Economic Development Director Burns cautioned that the language must be narrow to avoid unintended impacts on other economic development, citing Missoula's interim zoning experience where definitions inadvertently hindered a health center expansion. She noted two companies are currently considering investment in the community. Public commentor Evan Barrett asked for clarity on the process; Crane confirmed the draft zoning document is publicly available.
Key Outcomes
- The committee voted unanimously to hold Communication2026-435 in abeyance (i.e., postpone action until the county attorney's draft is available for review). No other votes were taken on this item.
The meeting adjourned after the vote on the abeyance.
Meeting Transcript
Okay, I will call the judiciary committee meeting to order for tonight um September 9th, 2026. Um for roll call, all commissioners are present. Um myself, Commissioner Shea, um, Commissioner Thatcher, Commissioner Mankins, Commissioner Gerbrand, Commissioner Callahan, and Commissioner Healy, and also in attendance is um deputy county attorney Brian Dunlap. Um I'm gonna rearrange the agenda just a tad so we can take care of the um easier business first, and then we'll move back to um the first item on the agenda. Um resolution number 2026-54, council resolution 2024-6-1 was passed on December 19, 2024, and remains in effect with the following amendments noted below. A resolution amending resolution 2024-6-1 to correct the assessment table section six, setting the method of assessment for the business improvement district and declaring the intention of the council of commissioners of the city and county of Butte Silverbow, Montana to create business improvement district to be known as business improvement district number one for the purpose of promoting health, safety, and prosperity, security, and the general welfare of the inhabitants of the city and county of Butte Silverbow, designating and describing the boundaries of said proposed business improvement district, providing for the publication and giving of notice of the passage and adoption of this resolution and providing for the effective date hereof. That was a mouthful. Um a presentation on the 16th, and then a public hearing is scheduled for the 23rd. Um so I would um take a motion to hold this resolution in advance at this time. Thank you, Chairman. Okay, there's a motion, a second to hold resolution 2026-54 in advance. Anything on the question? All those in favor? Aye. Opposed? Motion passes. Next resolution number 2026-55. A resolution establishing the assessment for fiscal year 2026 on the properties included in the special tourism business improvement district number one for the purpose of promoting tourism, conventions, trade shows, and travel to the city and county of Butte Sloverbo, designating and describing the boundaries of said special tourism business improvement district and providing for the effective date herein. This resolution there was a public hearing. So thank you for catching that, Commissioner Gerbrand. And if uh any commissioners have any questions, otherwise I'd entertain a motion. Commissioner Thatcher. Thank you, Chairwoman Shay. First, I'd like to amend resolution number 2020, make a motion to amend resolution number 2026-55 on page four, section six, line 10. And I want to strike one dollar from that. And then I would like to make a motion to move resolution number 2026-55 to final reading as amended. Okay, there is a motion and a second to move resolution 2026-55 to final reading as amended. Anything on the question? All those in favor? Aye. Opposed? Motion passes. Okay, number three, uh, resolution 2026-56. A resolution granting conditional approval of the Prado Verde Estates Minor Subdivision of the City and County of Butte Silverbo, State of Montana, providing for the real for providing for the repeal of all parts of resolutions in conflict here with and providing for an effective date herein. Um we heard about this project last week. Commissioner Thatcher. Thank you, Chairwoman Chair. I'd like to make a motion to move resolution number 2026-5-6 to final reading. There's a motion and a second to move resolution 2026-5-6 to final reading. All those in favor? Aye. Opposed. Motion passes. Okay, moving to the claims. Those I believe are going around the table. Um there's four claims. Daniel Chades, 200 refund of a demolition of an addition at 929 South Arizona. Uh Joe Kerry, 200 refund for a demo bond of a shed at 1040, Utah. Martin Saluso, 1,000 refund for replacement of sidewalk in front of the MM. And last one, Michael O'Connor, 100 refund for removal of sheds at 300 Holland Street.
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