On the agenda: Butte meeting — data center (Oct 14)

BUTTE-SILVER BOW COUNCIL OF COMMISSIONERS
COMMITTEE OF THE WHOLE MEETING AGENDA
WEDNESDAY OCTOBER 14, 2026
7:30 PM COURTHOUSE COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
PRAYER AND PLEDGE
PUBLIC COMMENT ON ANY ITEMS ON THE AGENDA
REPORT OF THE CHAIR
SECTION 1: BID OPENINGS, PUBLIC HEARINGS AND/OR PRESENTATIONS
PRESENTATIONS
1.COMMUNICATION NO. 2026-482
J.P. Gallagher, Chief Executive requesting Council of Commissioners permission to schedule a
presentation on October 14, 2026, for Brian Bartkowiak from NRDP to present initial results of
the Silver Lake Release, Butte Area One financial update, Blacktail Creek remediation project
and consent decree compliance reviews.
2.COMMUNICATION NO. 2026-483
Stephanie Feist, Butte Family YMCA CEO requesting Council of Commissioners permission to
schedule a presentation on October 14, 2026, regarding the Butte Family YMCA's annual report
and approval of our annual payment per the agreement.
3.COMMUNICATION NO. 2026-494
Lynette Hogart, BSB Animal Services Manager requesting Council of Commissioners
permission to schedule a presentation on October 14, 2026, regarding two animal-related
ordinances that have generated significant public interest: the Chicken Ordinance and the
Barking Dog Ordinance.
SECTION 2: COMMUNICATIONS
1.COMMUNICATION NO. 2026-384
Cory Biggers, 65 Oro Fino Gulch requesting Council of Commissioners authorization to purchase
land owned by BSB which directly borders his primary residence located at 65 Oro Fino Gulch
Road, to clean up, secure and actively utilize the land.

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2.COMMUNICATION NO. 2026-410
Russell O’Leary, Commissioner District 5 requesting a legal review of the contracts between
Municipal Parking Services, INC. and Butte-Silver Bow (deployment and operation of safety
sticks) for compliance with state and federal law.
2026-410 County Attorney Response
3.COMMUNICATION NO. 2026-447
Kayla Lappin, Economic Development Coordinator requesting Council of Commissioners
permission to schedule a presentation on September 9, 2026, from REC Silicon Inc. regarding an
4.COMMUNICATION NO. 2026-454
Eric Mankins, Commissioner District No. 9 requesting Council of Commissioners consider that
both sides of Washoe Road in front of the YMCA be designated as a no-parking zone and to
consider establishing a 15-mph speed limit along this section of Washoe Road.
5.COMMUNICATION NO. 2026-461
Will O’Connor, Land Records Coordinator requesting Council of Commissioners permission to
schedule a public hearing on October 7, 2026, for Petition No. 2026-02. This petition has been
approved by the Public Works Committee which met on September 9, 2026.
6.COMMUNICATION NO. 2026-463
Mark Neary, Public Works Director requesting Council of Commissioners permission to
schedule a bid opening for October 7, 2026, for the Solar Panels Project at the Library.
7.COMMUNICATION NO. 2026-482
J.P. Gallagher, Chief Executive requesting Council of Commissioners permission to schedule a
presentation on October 14, 2026, for Brian Bartkowiak from NRDP to present initial results of
the Silver Lake Release, Butte Area One financial update, Blacktail Creek remediation project
and consent decree compliance reviews.
8.COMMUNICATION NO. 2026-483
Stephanie Feist, Butte Family YMCA CEO requesting Council of Commissioners permission to
schedule a presentation on October 14, 2026, regarding the Butte Family YMCA's annual report
and approval of our annual payment per the agreement.
9.COMMUNICATION NO. 2026-486
Mary Berg, 2701 Evens Avenue, Butte MT requesting Council of Commissioners authorization
to purchase a vacant lot to the west of 119 W. Woolman, parcel # 0002009050 to build a home.
10.COMMUNICATION NO. 2026-491
Catherin Holly, 1960 Silver Bow Blvd. Butte MT requesting Council of Commissioners to
investigate the jail inmate meal portion sizes, micronutrient content, oversight, outcome
measurement, and port-contract food service options.

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11.COMMUNICATION NO. 2026-492
Julia Crain, BSB Planning Director requesting Council of Commissioners authorization to have
Chief Executive Gallager sign a professional services agreement with SCJ Alliance to prepare a
Comprehensive Transportation Safety Plan. 2026-492 Agreement
12.COMMUNICATION NO. 2026-494
Lynette Hogart, BSB Animal Services Manager requesting Council of Commissioners
permission to schedule a presentation on October 14, 2026, regarding two animal-related
ordinances that have generated significant public interest: the Chicken Ordinance and the
Barking Dog Ordinance.
13.COMMUNICATION NO. 2026-496
Mark Neary, Public Works Director requesting Council of Commissioners permission to
schedule a public hearing on October 21, 2026, for Sole-Sourcing of Aqua-Aerobic Systems, Inc.
for Basin Creek Water Treatment Plant.
14.COMMUNICATION NO. 2026-497
Mark Neary, Public Works Director requesting Council of Commissioners permission to
schedule a bid opening for October 21, 2026, for Solar Speed Radar Signs.
15.COMMUNICATION NO. 2026-502
Chad Anderson, Dept. of Reclamation Construction Manager requesting Council of
Commissioners authorization to have Chief Executive Gallager sign an agreement with
Northwest Enterprises for the BSB Reclamation & Environmental Services Residential Metal
Abatement Program for soil remediation.
2026-502 AGREEMENT
16.PETITION 2026-01
Will O’Connor, Land Records Coordinator requesting Council of Commissioners to review a
petition to close and vacate portions of a public right-of-way that has been filed with the BSB
Planning Department, as provided for and within Ordinance Number 362 and BSB Municipal
Code, Section 12.06.010.
17.PETITION NO. 2026-02
Will O’Connor, Land Records Coordinator requesting Council of Commissioners to review a
petition to close and vacate a public right-or-way (portion of Berline Street), has been filed with
the Planning Department, as provided for and within Ordinance Number 362 and BSB Municipal
Code, Section 12.06.010.
PUBLIC COMMENT ON ANY ITEMS NOT ON THE AGENDA
ADJOURN
MEETINGS

City and County of Butte-Silver Bow

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FINANCE AND BUDGET COMMITTEE MEETING
OCTOBER 14, 2026
6:00 PM BUTTE SILVER-BOW COURTHOUSE CHAMBERS
Expenditure report for the week of October 14, 2026, was reviewed and approved in the amount
of $____________________ for FY 2027.
PUBLIC WORKS COMMITTEE MEETING
OCTOBER 14, 2026
6:30 PM BUTTE SILVER-BOW COURTHOUSE CHAMBERS
1.COMMUNICATION NO. 2026-236
Savannah Johnston, 522 N. Franklin, Butte MT requesting Council of Commissioners to amend
the BSB 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 hens.
2.COMMUNICATION NO. 2026-278
Thea McCurdy, 1701 Yale Avenue, Butte MT requesting Council of Commissioners to address
ongoing nuisance animal noises in the community and suggest improvements to the BSB Animal
Ordinance, with an emphasis on nuisance dog barking.
JUDICIARY COMMITTEE MEETING
OCTOBER 14, 2026
7:00 PM BUTTE SILVER-BOW COURTHOUSE CHAMBERS
1.COMMUNICATION NO. 2026-435
Michele Shea, District 2 Commissioner requesting Council of Commissioners concurrence to
direct the County Attorney to prepare and introduce a temporary moratorium on data center
development approvals.
2.RESOLUTION NO. 2026-54
COUNCIL RESOLUTION 2024-61 WAS PASSED ON DECEMBER 19, 2024, AND REMAINS
IN EFFECT WITH THE FOLLOWING AMENDMENTS NOTED BELOW. A RESOLUTION
AMENDING RESOLUTION 2024-61 TO CORRECT THE ASSESSMENT TABLE SECTION 6,
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-SILVER BOW, MONTANA TO CREATE
BUSINESS IMPROVEMENT DISTRICT, TO BE KNOWN AS BUSINESS IMPROVEMENT
DISTRICT NO. 1, FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, PROSPERITY,
SECURITY, AND GENERAL WELFARE OF THE INHABITANTS OF THE CITY AND
COUNTY OF BUTTE-SILVER BOW; 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.

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3.RESOLUTION NO. 2026-63
A RESOLUTION AUTHORIZING AND APPROVING THE TRANSFER OF THE REAL
PROPERTY DESCRIBED AS TRACT R4 OF THE RAIL PARK MINOR SUBDIVISION
LOCATED IN SECTION 24, TOWNSHIP 3 NORTH, RANGE 9 WEST, PRINCIPAL
MERIDIAN, WITHIN THE CITY-COUNTY OF BUTTE-SILVER BOW, MONTANA TO
SILVER BOW RAIL PARK RE2 LLC, IN ACCORDANCE WITH THE PROVISIONS OF THE
BUTTE-SILVER BOW MUNICIPAL CODE AND PROVIDING FOR AN EFFECTIVE DATE
HEREIN.
4.RESOLUTION NO. 2026-64
A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE QUARRY MEADOWS
MAJOR SUBDIVISION OF THE CITY AND COUNTY OF BUTTE-SILVER BOW, STATE
OF MONTANA; PROVIDING FOR THE REPEAL OF ALL PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE HEREIN.
5.COUNCIL BILL 2026-03
ORDINANCE NO. 2026-03
AN INTERIM ZONING ORDINANCE OF THE BUTTE-SILVER BOW COUNCIL OF
COMMISSIONERS IMPOSING A MORATORIUM ON THE APPROVAL,
CONSTRUCTION, DEVELOPMENT, EXPANSION, OR ESTABLISHMENT OF HYPERSCALE DATA CENTERS WITHIN BUTTE-SILVER BOW COUNTY AND DIRECTING
THE STUDY OF APPROPRIATE REGULATIONS GOVERNING SUCH USES.
Name

Amount

Reason

SASSANAY LLC

$1,064.76

RDFUND/REDEMPTION OF TAX
ASSIGNMNT #0001634100

KATELYN
WARREN

$456.32

REFUND OF DUPLICATE
PAYMENT FOR CLAIM
#FW55506578PT ACCT#4793

PACIFIC SOURCE

$38.50

REFUND FOR OVERPAYMENT
ON MR#1468

ANNA NUGENT

$245.00

REIMBURSEMENT FOR A
SCREEN THAT WAS BROKEN
WHEN HER ATTIC WAS
GETTING REMEDIATED

Approved

REPORTS

City and County of Butte-Silver Bow

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ECONOMIC DEVELOPMENT COMMITTEE MEETING REPORT
OCTOBER 7, 2026
6:30 PM BUTTE-SILVER BOW COURTHOUSE CHAMBERS
Kelly Sullivan will be presenting on behalf of Butte Local Development Corporation.
Housing Development Series Fall 2026-September 3rd was a great turnout
October 13th and November 9th will be the next events
Bird Dog Innovation Strategies of Anaconda will be our consultant for the feasibility study for
an Accelerator in conjunction with Montana Tech.
USDA is looking into partnering with 2 other Butte Firms on potential financing for expansion
plans,
Attended a meeting at NW Energy in august and heard more about the merger with Black Hills
Met with 2 companies in September that are interested in Butte for manufacturing and the other
for a critical materials space.
Was named to the Headwaters Tech Hub Board as the non-profit representative
Loan committee approved some additional Brownfields funds to the phoenix building project on
Park Street for window work on the east wall
Anaconda ARCO Loan Fund-$221,959 (Praxis) and $456,973 available to loan.
Committee Members
Josh O’Neill, Vice Chair
Eric Mankins
Trudy Healy
Tommy Walker
Russ O’Leary
Butch Gerbrandt

Present /Absent
P
P
P
P
P
P

FINANCE & BUDGET COMMITTEE MEETING REPORT
OCTOBER 7, 2026
7:00 PM BUTTE SILVER-BOW COURTHOUSE CHAMBERS
TO THE HONORABLE CHIEF EXECUTIVE AND MEMBERS OF THE BUTTE-SILVER BOW
COMMISSIONERS
Ladies and Gentlemen,
We, your Committee of the Finance and Budget Committee, respectfully recommend as follows:
Expenditure report for the week of October 7, 2026, was reviewed and approved in the amounts
of $2,770,700.26 for FY 2027.
Committee Members
Hattie Thatcher, Chair
Josh O’Neill, Vice Chair
Russ O’Leary
Tommy Walker
Bill Boyle
Michele Shea

Present /Absent
P
P
P
P
A
P

City and County of Butte-Silver Bow

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