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Record of Proceedings

Butte-Silver Bow Judiciary Committee Meeting – October 15, 2026

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 / 16:57

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.

Unassigned speaker

3:49

Okay,

Speaker 1

3:49

I'm gonna call to order.

Unassigned speaker

3:57

I

Speaker 1

3:57

will call the judiciary committee meeting for October 14, 2026 to order.

Unassigned speaker

4:02

Um,

Speaker 1

4:03

for roll call present are uh myself, Commissioner Shea, Commissioner Thatcher, Commissioner Callahan, Commissioner Mankins, Commissioner Healy, and Commissioner Gerbrand.

4:13

Uh I'm gonna have everybody look at the claims first.

4:17

Um, and then I'll entertain a motion to approve the claims.

4:23

Um, c is uh uh redemption of a tax assignment in the amount of a thousand dollars.

Unassigned speaker

4:33

Uh

Speaker 1

4:33

Caitlin Warren, 456 dollars.

4:39

Um, 38.50 cents to Pacific Source.

4:43

Um, which is a refund for an overpayment.

Unassigned speaker

4:46

Um,

Speaker 1

4:46

I'm assuming this is a medical record number.

Unassigned speaker

4:50

Um then one for Anna Nugent for 245 dollars, which is reimbursement for damage to a screen that was broken when while her attic was being remediated.

Unassigned speaker

5:02

I

Speaker 2

5:02

would like to make a motion to approve the claims as presented.

Unassigned speaker

5:06

Okay,

Speaker 1

5:06

there's a motion, a second to approve the claims.

5:08

Is there anything on the question?

5:10

All those in favor?

5:11

Aye, opposed.

5:13

Motion passes.

Unassigned speaker

5:19

Um

Speaker 1

5:19

item number one, communication number 2026 435.

5:22

Michelle Shea, District 2 Commissioner requesting council commissioners' concurrence to direct the county attorney to prepare and introduce a temporary moratorium on data center development approvals.

Unassigned speaker

5:31

Um

Speaker 1

5:32

I think we can continue to hold this as a placeholder considering that we do have the ordinance later in the um later in the agenda.

5:41

Commissioner Thatcher, if we want to just continue to hold.

Speaker 2

5:44

Sorry, I'll make a motion to hold communication number 2026-435 in advance.

Speaker 1

5:50

There's a motion to second hold communication 2026-435 in abeyance.

5:55

Anything on the question?

5:56

Commissioner

Denise Kelly · Speaker 3Inferred

5:57

Healy.

Speaker 1

6:11

Welcome, please state your name for the record.

Denise Kelly · Speaker 3Inferred

6:17

Oh,

Speaker 1

6:17

push the button on the bottom and then the top will light up.

Denise Kelly · Speaker 3Inferred

6:20

Oh, there we

Unassigned speaker

6:21

go.

Denise Kelly · Speaker 3Inferred

6:21

I'm Denise Kelly, 107 Candidate Creek Drive.

6:25

I um we're with 406 people first, and we spent the summer collecting signatures, and we put this packet together so that we could help you understand what the people of Butte are expecting.

6:44

Um there's some things that are extremely important.

6:49

When we read your preliminary um moratorium, the hyperscale is not acceptable.

6:56

It needs to read just data centers.

6:59

Um, and there's a whole series of information in there.

7:03

But if anybody has any questions, it's gonna take you a while to read it.

7:06

But if anybody has any questions, would be happy to answer them.

7:10

We would love to be a part of this solution.

7:12

Thank you.

Speaker 1

7:13

Thank you, Miss Kelly.

Unassigned speaker

7:16

Is

Speaker 1

7:16

there anybody else?

Unassigned speaker

7:20

Okay.

Speaker 1

7:21

Thank you.

Denise Kelly · Speaker 3Inferred

7:23

Um moving to item number two,

Speaker 1

7:26

communication 2026-236, Savannah Johnston, 522 North Franklin, Butte Montana requesting council commissioners to amend the Butte Silver Boat chicken ordinance by creating a tiered system to protect the rights of current large lot owners while allowing residents on smaller urban lots to keep up to four hands.

7:43

Um this and the next communication both have come out of the suspense file.

7:47

I'm not sure if there's a staff report.

7:49

Commissioner Thatcher.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████62%
Data Center Development█████████████████████29%
Animal Welfare███████9%
Summary of Proceedings

Butte-Silver Bow Judiciary Committee Meeting – October 15, 2026

Note on Date Discrepancy: The transcript indicates the meeting was called to order on October 14, 2026, but the provided official timestamp is 2026-10-15 00:57:03+00:00, suggesting the meeting continued past midnight. The date used below follows the official timestamp.

The Judiciary Committee of the Butte-Silver Bow Council of Commissioners met on October 15, 2026, to consider claims, several communications, resolutions, and a proposed interim zoning ordinance. Chairwoman Shea presided, with Commissioners Thatcher, Callahan, Mankins, Healy, and Gerbrand present. The meeting included public comment and multiple votes, with most items either held in abeyance or advanced to final reading or the Committee of the Whole.

Consent Calendar

  • Claims Approval: A motion to approve the claims as presented passed unanimously. Claims included a tax assignment redemption of $1,000, a refund of $456 to Caitlin Warren, a $38.50 overpayment refund to Pacific Source, and a $245 reimbursement to Anna Nugent for screen damage during attic remediation.

Public Comments & Testimony

  • Denise Kelly (406 People First): Ms. Kelly presented a packet of signatures collected over the summer, urging the council to understand community expectations regarding data centers. She expressed strong opposition to limiting any moratorium to "hyperscale" data centers only, stating that the language should simply read "data centers." She offered to be part of the solution and answer questions.

Discussion Items

  • Communication 2026-435 (Data Center Moratorium Request): Commissioner Michelle Shea requested concurrence to direct the county attorney to prepare a temporary moratorium on data center development approvals. The committee agreed to hold this item in abeyance because a related ordinance was on the agenda. Motion passed.
  • Communication 2026-236 (Chicken Ordinance Amendment): Savannah Johnston proposed creating a tiered system to protect large lot owners while allowing smaller urban lots to keep up to four hens. The committee held the item in abeyance pending a presentation from Animal Services Manager Hogarth in two weeks. Motion passed.
  • Communication 2026-278 (Animal Noise/Nuisance Barking): Thea McCurdy requested improvements to the animal ordinance focusing on nuisance dog barking. The committee held the item in abeyance for the same reason as the chicken ordinance. Motion passed.
  • Resolution 2026-54 (Recall): This item was removed from the agenda as it had been disposed of at a prior special meeting.
  • Resolution 2026-63 (Real Property Transfer to Silverbow Rail Park): Discussion revealed a typographical error in the referenced municipal code section. The committee amended line 8, replacing “3.12.050” with “3.28.10,” and moved the resolution to final reading as amended. Motion passed.
  • Resolution 2026-64 (Quarry Meadows Major Subdivision Conditional Approval): Having already held a public hearing and presentation, the committee moved the resolution to final reading. Motion passed.
  • Council Bill 2026-03 (Interim Zoning Ordinance – Hyperscale Data Center Moratorium): Chairwoman Shea recommended moving the ordinance to the Committee of the Whole to improve public participation (microphone and seating issues). Commissioner Thatcher supported the move and asked Denise Kelly to forward her packet to all commissioners beforehand. The committee voted to refer the ordinance to the Committee of the Whole. Motion passed.

Key Outcomes

  • All claims approved unanimously.
  • Communications 2026-435, 2026-236, and 2026-278 were held in abeyance (no deadlines set, pending further information).
  • Resolution 2026-63 amended and moved to final reading (passed).
  • Resolution 2026-64 moved to final reading (passed).
  • Council Bill 2026-03 referred to the Committee of the Whole for further discussion.
  • Meeting adjourned.

Meeting Transcript

Okay, I'm gonna call to order. I will call the judiciary committee meeting for October 14, 2026 to order. Um, for roll call present are uh myself, Commissioner Shea, Commissioner Thatcher, Commissioner Callahan, Commissioner Mankins, Commissioner Healy, and Commissioner Gerbrand. Uh I'm gonna have everybody look at the claims first. Um, and then I'll entertain a motion to approve the claims. Um, c is uh uh redemption of a tax assignment in the amount of a thousand dollars. Uh Caitlin Warren, 456 dollars. Um, 38.50 cents to Pacific Source. Um, which is a refund for an overpayment. Um, I'm assuming this is a medical record number. Um then one for Anna Nugent for 245 dollars, which is reimbursement for damage to a screen that was broken when while her attic was being remediated. I would like to make a motion to approve the claims as presented. Okay, there's a motion, a second to approve the claims. Is there anything on the question? All those in favor? Aye, opposed. Motion passes. Um item number one, communication number 2026 435. Michelle Shea, District 2 Commissioner requesting council commissioners' concurrence to direct the county attorney to prepare and introduce a temporary moratorium on data center development approvals. Um I think we can continue to hold this as a placeholder considering that we do have the ordinance later in the um later in the agenda. Commissioner Thatcher, if we want to just continue to hold. Sorry, I'll make a motion to hold communication number 2026-435 in advance. There's a motion to second hold communication 2026-435 in abeyance. Anything on the question? Commissioner Healy. Welcome, please state your name for the record. Oh, push the button on the bottom and then the top will light up. Oh, there we go. I'm Denise Kelly, 107 Candidate Creek Drive. I um we're with 406 people first, and we spent the summer collecting signatures, and we put this packet together so that we could help you understand what the people of Butte are expecting. Um there's some things that are extremely important. When we read your preliminary um moratorium, the hyperscale is not acceptable. It needs to read just data centers. Um, and there's a whole series of information in there. But if anybody has any questions, it's gonna take you a while to read it. But if anybody has any questions, would be happy to answer them. We would love to be a part of this solution. Thank you.

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