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Record of Proceedings

Butte-Silver Bow Council of Commissioners Committee of the Whole Meeting – 2026-10-15

Council of Commissioners & Committees — Thursday, October 15, 2026
BodyButte Silver Bow, Montana
SessionCouncil of Commissioners & Committees
DateThursday, October 15, 2026
StatusFILED
Video Record
0:00 / 1:45:55

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

2:34

Commissioners, will you please check

Unassigned speaker

2:36

in?

Speaker 2

4:24

Commissioners committee the whole meeting to order for Wednesday, October fourteenth, twenty twenty six.

4:29

Can we please have a roll call?

4:44

Commissioner O'Leary is present and here.

5:29

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

5:34

If there's any member of the public that would like to speak on any items that are is on tonight's agenda now would be your opportunity.

5:41

We do ask that you keep your comments to three minutes or less.

5:50

Welcome.

5:51

Please state your name and address for the record.

Speaker 3 · Possibly Evan Barrett

5:58

Ms.

5:58

Chairman, members of the council.

6:01

Uh Evan Barrett, 807 West Silver Street.

6:05

I wanted to just very briefly comment on uh letter number 435 and Bill No.

6:12

Three, obviously dealing with Data Center, which is uh going to be uh more active in two weeks on this, but it's on the agenda uh here.

6:23

I would like to uh comment how we were appreciative for Butte Silver Bowl getting uh this introduced.

6:32

Uh the idea of a moratorium.

6:35

Uh uh bringing it to the full council to be acted upon uh is gonna involve uh the kind of participation that this thing deserves.

6:47

Uh it was not very hard to get 5,000 people to sign petitions.

6:52

And uh uh so there's a high degree of public interest in it, and that public interest still remains.

7:00

And so we have the opportunity here to maybe start fresh in a way.

7:06

In April of last year, year and a half ago, uh, when I came before uh the body and said, why don't you not proceed so rapidly with the land sale?

7:18

And uh nobody really knew what was going on.

7:23

So let's get get with it together and take some time.

7:27

And uh later in the same evening, the land sale was moved forward, and it moved forward three or four different times.

7:36

Uh and what ensued in my mind, uh that brought about a kind of adversarial situation.

7:45

I at least felt that there was not an interest at the in the courthouse of letting public participation uh catch up with the uh SABE deal.

7:56

And uh that did not serve the community well.

8:00

Uh so we have the opportunity now to move from kind of an adversarial situation to a cooperative situation, and I look forward to that.

8:11

I think if we all put our heads together and work together uh on this moratorium, we can come up with a good piece of work.

8:22

But we do need to be transparent, we need to be participatory, we need to provide plenty of opportunity.

8:30

Uh this moratorium can can be done with one vote, I understand, because it's an emergency or whatever it's called, but we should not be rushing to the process again, like a year and a half ago.

8:43

Let's not rush.

8:45

Let's give people opportunity to have their say, listen to learn what the county's thinking, and vice versa.

8:53

The county to learn what the people are thinking.

8:55

So this is an opportunity for cooperation, and I look forward to it uh in the coming uh weeks.

9:03

Thank you.

Unassigned speaker

9:05

Thank

Speaker 2

9:05

you, Mr.

9:06

Barrett.

9:06

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

9:12

Welcome.

Unassigned speaker

9:12

Please state your name and address for the record and what communication you're doing.

Logan Warner · Speaker 4Inferred

9:16

I am Logan Warner.

9:18

I live at uh 5100 South Warren uh trailer 25 here in Buttes.

9:25

Um the thing I'd like to speak on, I did see on the agenda something about SCJ Alliance.

9:32

Um, in regards to a plan for transportation safety comprehensive for Buttes.

9:38

Um I definitely think that is a very good idea, and the reason is so I actually e-bike to work.

9:43

Um, and it is the infrastructure is incredibly inconsistent.

9:49

There are places where the sidewalk is only there for 500 feet, and then not there for a mile on either side

Unassigned speaker

9:58

of

Logan Warner · Speaker 4Inferred

9:58

the route I go.

10:00

There are places where the road shoulder is suddenly large enough to be a bike lane, although it's only designated as such at Margaret Leary, even though

Unassigned speaker

10:09

it is

Logan Warner · Speaker 4Inferred

10:10

wide enough well before that.

10:11

There are places where the road shoulder disappears along with the sidewalk.

10:15

And so anyone on a bicycle is immediately forced to move into traffic with a car.

10:25

Probably the craziest I would say is back when Elizabeth Warren was closed.

10:29

I usually use that road.

10:31

Had to go on Metal Orc, Metal Arc.

Discussion Breakdown — Share of Meeting
Procedural████████████████████20%
Animal Welfare██████████████████18%
Water And Wastewater Management█████████████████17%
Parks and Recreation██████████10%
Data Center Development██████6%
Superfund Management██████6%
Transportation Safety████4%
Community Engagement████4%
Public Engagement███3%
Summary of Proceedings

Butte-Silver Bow Council of Commissioners Committee of the Whole Meeting – 2026-10-15

The Butte-Silver Bow Council of Commissioners Committee of the Whole met on 2026-10-15 in a session that included three staff presentations, public comment on a proposed data center moratorium and transportation safety, and a series of communications actions. All votes taken during the meeting were 10-0. No agenda or minutes were provided for this summary.

Public Comments & Testimony

  • Evan Barrett, 807 West Silver Street, commented on Communication 2026-435 and Bill No. 3 concerning a data center moratorium. He expressed support for the moratorium, noted that 5,000 people signed petitions, and urged the council to be transparent and participatory rather than rushing the process.
  • Logan Warner, 5100 South Warren trailer 25, expressed strong support for a comprehensive transportation safety plan, describing inconsistent sidewalks, bike lanes, and road shoulders that force cyclists into traffic.
  • A public commenter said residents were upset that a Butte data center appeared to be coming, citing nine jobs listed at the Job Service, and argued the city had missed a transparency obligation; she provided copies of the job postings.
  • Alison Anderson, District 9, echoed support for public involvement in the data center moratorium, saying she collected petition signatures at the Folk Fest and fewer than a handful of people declined to sign. She also raised safety concerns about children riding e-bikes and scooters on Harrison Avenue and supported a chicken ordinance with reasonable rules.

Presentation: NRDP Update – Communication 2026-482

  • Brian Barkowiak, accompanied by Chief Legal Counsel Catherine, presented the Natural Resource Damage Program update on the Silver Lake water release, Butte Area 1 finances, Blacktail Creek remediation, and consent decree compliance.
  • The presentation reported over $100 million in NRD settlement funds spent in Butte, a Butte Area 1 fund balance of $5.575 million at the end of fiscal year 2026, and approximately $23 million in the Blacktail Creek settlement account from a $20.5 million settlement, with about half expected to return to restoration.
  • Project updates included fish passage over the Butte-Silver Bow sewer line, relocation of the Butte Country Club irrigation pond off Blacktail Creek with a fish screen, Parrot waste removal site maintenance, Basin Creek Park restoration planning, and water meter program progress: 13 new installs, 39 completed applications, and 4 plumbing upgrades.
  • Commissioners asked about agricultural water use from the Silver Lake release, the sequencing of Blacktail Creek remediation, NRD funding for the Country Club project, and low streamflows. Chief Executive Gallagher thanked NRDP for improved communication and partnership.

Presentation: Butte Family YMCA Annual Report – Communication 2026-483

  • Stephanie Feist, YMCA CEO, presented the annual report and asked for continued support under the 2017 amended agreement, including the annual $42,000 payment.
  • She reported at least 1,500 outside swimmers using the aquatic center, roughly $400,000 per year in sliding-scale subsidies, nearly $500,000 in pool repairs since late 2022, with about $309,425 of that excluding two boilers covered by a foundation grant, matching funds, and donations, and approximately 600 showers provided through the Y and partner organizations.
  • Council discussion clarified that the annual payment is already in the budget and would be brought forward as a separate communication for approval; the presentation communication was placed on file 10-0.

Presentation: Chicken and Barking Dog Ordinances – Communication 2026-494

  • Lynette Hogarth, Animal Services Manager, presented survey results on a proposed chicken ordinance. Of 630 respondents, most did not currently keep chickens but a large portion wanted to; strong support existed for hens on smaller lots, 4-6 hens, rooster prohibition, no permit or registration, and complaint-driven inspections. Concerns included odor, rodents, noise, and loose animals.
  • Hogarth also described plans to replace the barking dog ordinance with a nuisance dog ordinance and to implement the GovWell complaint and licensing system by January 1. She raised enforcement challenges, including chicken identification, shelter capacity, and chickens at large.
  • Commissioner Callahan suggested moving the barking dog ordinance forward quickly; Hogarth responded that the ordinances interact with other code chapters and need county attorney review.

Communications and Administrative Actions

  • Placed on file, all by 10-0 votes: Communications 2026-447, 2026-461, 2026-463, 2026-482, 2026-483, 2026-492, 2026-494, and 2026-502. The library solar panel bid opening had not occurred due to lack of proof of publication, and the Residential Metal Abatement Program contract was not used.
  • Held in abeyance: Communication 2026-384, 2026-410, 2026-454, 2026-486, 2026-491, 2026-496, 2026-497, and Petition 2601.
  • Chair Morgan clarified that the Council of Commissioners was not the deciding factor in the closure of the Back Nine restaurant and had no role in contract negotiations.

Key Outcomes

  • All motions passed 10-0.
  • The YMCA annual $42,000 payment will be processed through a separate communication for approval at a future regular council meeting.
  • The SCJ Alliance comprehensive transportation safety plan communication was placed on file after being referred to Committee of the Whole so the public could review attachments that had been inadvertently omitted.
  • The Washoe Road speed limit sign was approved through the public works committee, with a parking commission meeting scheduled for October 20 at 3:00 p.m. at the archives.
  • The sheriff's office was gathering information in response to Communication 2026-491 on jail meal oversight and food service options.

Meeting Transcript

Commissioners, will you please check in? Commissioners committee the whole meeting to order for Wednesday, October fourteenth, twenty twenty six. Can we please have a roll call? Commissioner O'Leary is present and here. Next item on tonight's agenda is any public comment on any items that are on tonight's agenda. If there's any member of the public that would like to speak on any items that are is on tonight's agenda now would be your opportunity. We do ask that you keep your comments to three minutes or less. Welcome. Please state your name and address for the record. Ms. Chairman, members of the council. Uh Evan Barrett, 807 West Silver Street. I wanted to just very briefly comment on uh letter number 435 and Bill No. Three, obviously dealing with Data Center, which is uh going to be uh more active in two weeks on this, but it's on the agenda uh here. I would like to uh comment how we were appreciative for Butte Silver Bowl getting uh this introduced. Uh the idea of a moratorium. Uh uh bringing it to the full council to be acted upon uh is gonna involve uh the kind of participation that this thing deserves. Uh it was not very hard to get 5,000 people to sign petitions. And uh uh so there's a high degree of public interest in it, and that public interest still remains. And so we have the opportunity here to maybe start fresh in a way. In April of last year, year and a half ago, uh, when I came before uh the body and said, why don't you not proceed so rapidly with the land sale? And uh nobody really knew what was going on. So let's get get with it together and take some time. And uh later in the same evening, the land sale was moved forward, and it moved forward three or four different times. Uh and what ensued in my mind, uh that brought about a kind of adversarial situation. I at least felt that there was not an interest at the in the courthouse of letting public participation uh catch up with the uh SABE deal. And uh that did not serve the community well. Uh so we have the opportunity now to move from kind of an adversarial situation to a cooperative situation, and I look forward to that. I think if we all put our heads together and work together uh on this moratorium, we can come up with a good piece of work. But we do need to be transparent, we need to be participatory, we need to provide plenty of opportunity. Uh this moratorium can can be done with one vote, I understand, because it's an emergency or whatever it's called, but we should not be rushing to the process again, like a year and a half ago. Let's not rush. Let's give people opportunity to have their say, listen to learn what the county's thinking, and vice versa. The county to learn what the people are thinking. So this is an opportunity for cooperation, and I look forward to it uh in the coming uh weeks. Thank you. Thank you, Mr. Barrett. Is there any other member of the public that would like to speak on any item on tonight's agenda? Welcome. Please state your name and address for the record and what communication you're doing. I am Logan Warner. I live at uh 5100 South Warren uh trailer 25 here in Buttes. Um the thing I'd like to speak on, I did see on the agenda something about SCJ Alliance. Um, in regards to a plan for transportation safety comprehensive for Buttes. Um I definitely think that is a very good idea, and the reason is so I actually e-bike to work. Um, and it is the infrastructure is incredibly inconsistent. There are places where the sidewalk is only there for 500 feet, and then not there for a mile on either side

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