June 23, 2015
Commission Work Session
Anaconda-Deer Lodge County
Commission Work Session
6:00 p.m. Tuesday, June 23, 2015
Courthouse Courtroom
Present: Commission Chair Hart, Commissioner Mulvey, Commissioner Lux-Burt, Commissioner Vermeire,
Commissioner Smith, CEO Ternes Daniels, and County Attorney Krakowka
Others Present: Julie Hoffman, Clerk of Commission and Kathie Miller, Anaconda Leader
Commission Chair Hart called the meeting to order at 6:00 p.m. and explained the Commission Rules of Procedure.
Discussion – Ordinance No. 241, an Ordinance Repealing Chapter 24 of the Existing Code of Ordinances and
Replacing it with the Revised Development Permit System (DPS)
CEO Ternes Daniels introduced Bob Horne, a consultant who has been working with Anaconda-Deer Lodge County
since 2008. Mr. Horne informed the Commission he has been working with the Planning Board and Planning Staff
to revise the DPS. He stated most members of the community have expressed the most interest about the rural
districts. Mr. Horne stated the current DPS only has regulations for Georgetown Lake and no regulations exist for
East Valley or Lost Creek. In addition, where no use table exists, everything is subject to a Major Development
Permit (MDP). He stated the revised DPS contains a list of permitted uses for both residential and agricultural
development. If someone wants to do something that is not on the list, they may utilize the MDP process to do
so.
Mr. Horne went on to discuss minimum lot size in the East Valley. He stated the Planning Board heard several
different points of view regarding the minimum lot size during the public hearing process and felt it best to leave
the decision up to the Commission. The proposals put forth during the public hearing process were 2-acre, 5-acre
and the 20-acre minimum proposed in the draft DPS. Mr. Horne stated a 20-acre minimum lot size is at odds with
the family transfer provision of the Montana Subdivision and Platting Act. However, a provision that exempts
family transfers from the minimum lot size standards would allow the easy gifting or sale of small parcels of land
to the landowner’s family as intended by state law. (Please see Mr. Horne’s attached memo for a detailed
explanation of the minimum lot size proposals).
Commissioner Lux-Burt stated although she is not done reading the DPS, it is much better than the draft version
the Commission was given about a month or two ago. However, she noted the section addressing hooved animals
had been removed and expressed concern related to horses being kept on small lots in the West Valley and the
impact it has on neighboring lots. Mr. Horne stated although the section concerning hooved animals had been
removed, a new section was added which mandates that “run-off from areas where animals are confined and
concentrated shall not be allowed to drain onto and adversely impact adjacent properties….”
Commissioner Lux-Burt also stated the Commissioners did not get copies of the maps which were used during the
presentation and will need them before adopting the revised DPS.
Doug Clark, Planning Director informed the Commission the Planning Board does not want to repeal the Big Hole
Conservation District as part of the revised DPS. He stated it has been in place since 2005.
CEO Ternes Daniels stated a tremendous amount of work has gone into this project. She thanked everyone who
has worked on the project and added the revised DPS is beneficial to everyone in the community. She stated the
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June 23, 2015
Commission Work Session
County needs to move forward with the revised DPS in order to move forward with development and
redevelopment. CEO Ternes Daniels agreed with Commissioner Lux-Burt that horses should not be kept on small
lots.
Carl Nyman, Superfund Coordinator asked the Commission for some consensus on lot size prior to the July 7th
meeting. He stated timing is critical and the County is facing some tough issues as there are some budget
constraints and the Shopko project is time sensitive.
Gerry Patterson – 1110 Smith: Mr. Patterson stated his main concern is the minimum lot size. He informed the
Commission he has been at every meeting, including the ones in Opportunity and the Planning Board meetings.
He stated not one person from East Valley is in favor of the 20-acre minimum lot size and the consensus among
the residents is for a 2 or 5-acre lot size. Mr. Patterson asked for clarification regarding materials for re-grading
driveways. Carl Nyman stated language could be inserted into the DPS which states that if the material comes
from S&N the Planning Department would have the discretion to waive the permit. Mr. Nyman stated he would
run it by Dan Manson. He added from a Superfund perspective that ARCO may take issue with it. Mr. Patterson
also asked for clarification with regard to accessory buildings and the 120 sq. ft. restriction. Bob Horne stated the
DPS contains an across the board agricultural exemption. However, anything over 200 sq. ft. would still require a
building permit. Lastly, Mr. Patterson asked for clarification with regard to what “most restrictive” standard
means. Doug Clark stated if the State has a more restrictive standard to follow (e.g., DEQ standard) the County
must follow that standard.
Commissioner Lux-Burt asked Bob Horne if any standard is being adopted to address all of the docks that are
popping up at Georgetown Lake. Mr. Horne stated the County has worked to get in compliance with state
standards. However, the County will not issue a permit to build docks.
The Commission began discussion with regard to the minimum lot size in East Valley. Commission Chair Hart and
Commissioner Smith stated they were in favor of a 5-acre minimum. Commissioner Lux-Burt stated a 5-acre
minimum was a good compromise and more affordable as most people cannot afford to purchase a 20-acre lot
or take care of a 20-acre lot. Commissioner Vermeire stated he would like more information before making a
decision. Commission Chair Hart stated the majority of the Commission is looking at a 5-acre minimum and the
vote will be held in two weeks at the July 7th Commission Meeting.
Item placed on the agenda.
Discussion – Southern Cross, LLC Request to Re-Align Southern Cross Road in Georgetown Lake
Doug Clark, Planning Director, informed the Commission the formal request for this action is coming from St.
Timothy’s Church. Mr. Clark informed the Commission that it does not have to take official action at this time,
and the formal request will come before the Commission sometime in late July or August. He stated the
transaction is taking place in cooperation with Southern Cross, LLC as it owns quite a bit of land in the area around
the church. The existing road will be abandoned and turned into a reflection garden. The new road will go around
the back of the church. Mr. Clark stated the current road has a dangerous hairpin section which is difficult to
negotiate in the winter. He also informed the Commission both he and Wayne Wendt met with the engineer and
are in agreement the realignment of the road will be an improvement. He added that the realignment does not
bring the grade to the current county standard of 8%, but it does not produce any worse of grade either.
Commission Chair Hart asked Mr. Clark if the realignment will interfere with access to St. Timothy’s Church and
Mr. Clark informed him that it will not as St. Timothy’s is requesting to have this done.
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Commissioner Lux-Burt asked Mr. Clark if this will be a county road and Mr. Clark informed Commissioner LuxBurt that it will be an official county road.
Discussion – Naming of an Unnamed Road in the Upper Racetrack Area
Dusty McKenney, Building Inspector, informed the Commission Scott Brown has requested to get an address for
the parcel of ground he split into two parcels. He stated in order for Mr. Brown to get a new address for the new
parcel, the road must be named. He informed the Commission the new plat has received final approval and is
awaiting final signatures for filing. Mr. Brown’s first choice for the road name is Molly’s Drive.
CEO Ternes-Daniels asked Mr. McKenney if it makes a difference if it is a road or a drive. Mr. McKenney stated it
does not make a difference.
Commissioner Lux-Burt stated she would prefer Molly Drive over Molly’s Drive. Mr. McKenney was in agreement.
Item placed on the agenda.
Discussion – Parklet Pilot Project Update
Kaitlin Leary, Planner I, informed the Commission the Planning Department received interest from Thrifty Drug to
take part in a Parklet Pilot Project. She stated the Anaconda Community Foundation is providing a grant to fund
the initial pilot project and stated Anaconda Local Development will work with Thrifty Drug to locate a spot for
the parklet near their Big Dipper Ice Cream window on Oak Street. Ms. Leary stated the Planning Department
would like to move forward with the project with the following conditions:
1. Prior to the operation, the Developer must provide a certificate of liability insurance naming AnacondaDeer Lodge County as additionally insured.
2. The parklet structure and additional amenities may not obstruct storm drainage flow.
3. Prior to operation, the Developer shall install a wheel stop between the project area and any adjacent
parking spaces to denote a separation of the parklet structure from motor vehicle parking spaces.
4. The site shall be open to the public, as it is in the public right-of-way. The Developer shall not restrict
public access to the site for the benefit of only paying customers.
5. Storage, removal of the placement of the structure is the express responsibility of the Developer.
6. The Developer shall keep sidewalks, streets and spaces adjacent to their sites clean and free of paper,
peelings, and refuse of any kind generated from the operation of their business.
7. Location of additional amenities outside of the parklet structure, such as bike rack, wheel stops,
landscaping, must be reviewed and approved by the Planning Department prior to installation.
8. Permitted usage is subject to review at any time. The County and Planning Department may suspend or
revoke this permit should any issues arise that jeopardize public health and safety.
9. It is the Developer’s responsibility to place all encroachments allowed under this Permit in a manner which
ensures safe pedestrian and vehicular travel; to ensure that all conditions placed upon the permit are
complied with; and to immediately correct any deficiencies noted by Anaconda-Deer Lodge County.
Ms. Leary respectfully requested the Commission place this item on the July 7th agenda for approval.
CEO Ternes Daniels stated it was fun to be part of the demonstration last fall and to see the excitement. She
stated anything to add to the activity of downtown is a good thing. CEO Ternes Daniels asked if this is something
that needs Commission approval or can be done administratively. Doug Clark, Planning Director, stated there is
nothing in the DPS that addresses this type of project. He stated if the Commission allows the project to move
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June 23, 2015
Commission Work Session
forward, challenges would be identified over time and a mechanism could be developed to address the challenges.
CEO Ternes Daniels recommended this item be placed on the agenda for approval.
Rose Nyman, 121 E. 3rd: Ms. Nyman stated she does not have an issue with the bulbouts or parklets but asked
what the Montana Department of Transportation’s opinion about the safety of them if the intent is to have them
on Park and Commercial in the future. Kaitlin Leary informed Ms. Nyman and the Commission that MDT will not
touch any project in our district that has anything to do with right of way. She added that at this point MDT has
denied bulbouts and parklets on Park and Commercial but has not ruled out the possibility of discussing them in
the future.
Commissioner Lux-Burt stated she took part in the demonstration last year. She asked Ms. Leary if Thrifty Drug
plans to use a yellow space and asked where the parklet will be stored. Ms. Leary indicated that the parklet must
be at least 20 feet from the curb and Thrifty Drug will be responsible for storing the parklet.
Item placed on the agenda.
Discussion – Task Order No. 16-07-6-11-016-0, Public Health Emergency Preparedness (PHEP) Grant for Fiscal
Year 2015-2016
CEO Ternes Daniels read Katherine Basirico’s staff report which stated this Task Order is to upgrade and enhance
local public health capacity to respond to events impacting public health through planning, assessment and
development of preparedness and response activities as defined by CDD’s Public Health Preparedness Capacities
Planning Guide. The contract amount is for $39,799.00 and the deliverables are the same as last year.
Item placed on the agenda.
Discussion – Task Order No. 16-07-3-01-10-0, Montana Asthma Control Programs for Fiscal Year 2015-2016
CEO Ternes Daniels read Katherine Basirico’s staff report which stated this Task Order is to continue to implement
the Montana Asthma Home Visiting Project (MAP) for the period of July 1, 2015 through June 30, 2016. The
contract amount is for $32,000.00 and the deliverables are the same as last year.
Item placed on the agenda.
Discussion – Amendment No. 1 to Task Order No. 15-07-5-21-006-0, Women, Infant & Children (WIC) Grant
CEO Ternes Daniels read Katherine Basirico’s staff report which stated this is Amendment 1 to this Task Order and
amends Sections 4, 8 and 10. The total budget has increased by $1,500.00 (reallocation of funds), increasing the
amount from $82,592.00 to $84,092.00.
Item placed on the agenda.
Discussion – Reauthorization of Agreement between Anaconda-Deer Lodge County and Sam Walters
CEO Ternes Daniels informed the Commission that Sam Walters’ contract expires at the end of June. She stated
the contract is back before the Commission for the period beginning July 1, 2015 through June 30, 2016 because
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Commission Work Session
the County has not completed its records retention work. In addition, CEO Ternes Daniels informed the
Commission the Library Board has hired Mr. Walters as the interim Library Director until a permanent director is
hired. The Board has agreed to pay Mr. Walters $20.00/hour plus mileage.
Item placed on the agenda.
Discussion – Resolution No. 15-18, a Resolution Establishing a Location for Posting Public Notice
CEO Ternes Daniels informed the Commission the County received notice from MACO that it must have a
resolution in place establishing a location where notice will be posted for agendas, meetings, etc.
Julie Hoffman, Clerk of Commission, informed the Commission this resolution is a result of HB 334 which passed
in 2013. It adds a section to MCA (7-2-2123) which states:
(1) The governing body shall specify by resolution a public location for posting information and shall order
erected a suitable posting board.
(2) When posting is required, a copy of the document must be placed on the posting board, and a copy
must be available at the office of the county clerk and recorder.
Ms. Hoffman stated she spoke with Harold Blattie, Executive Director of MACO and informed him that ADLC posts
agendas, minutes and notices on the bulletin board outside of the CEO office. Mr. Blattie informed Ms. Hoffman
the bulletin board met the requirement of the MCA 7-2-2123.
Item placed on the agenda.
Discussion – Resignation of Julie Hoffman from the Anaconda-Deer Lodge County Cemetery Board and
Authorization to Advertise the Vacancy
CEO Ternes Daniels informed the Commission that Ms. Hoffman is moving and therefore resigning from the
Cemetery Board.
Item placed on the agenda.
Discussion – Special Event Permit – Fight Force MMA Ventures “Anaconda Smelter Scrap”
Heather Edwards, Executive Assistant, informed the Commission this event will take place on August 15, 2015 at
the Legion Baseball field. She stated Fight Force MMA has agreed to use ADLC Ambulance Service and they will
be on stand-by with two attendants from 7:00 p.m. until 10:30 p.m. to be paid for by Fight Force MMA. In addition,
access for emergency vehicles must be available at all times. An emergency lane will be roped off to prevent
parking inside the fire lane. Fight Force MMA will also be required to have four ABC 10 pound fire extinguishers
placed throughout the grandstand area for emergencies. Brian Deats with Fight Force MMA will establish a
“smoking area” outside the grandstands and will obtain outside ashtrays to deter people from throwing cigarette
butts onto the field. Based on availability, two police officers will be requested to do patrols during the event.
Fight Force MMA will hire additional security through Timberline Security for areas within Legion Field. Beverages
and food will be handled through the Locker Room Bar and done in cooperation with ADLC Sanitarian’s office.
ADLC Parks & Recreation Department will require at least five port-a-potties for the event. Cleaning of the field
will be the responsibility of Fight Force MMA. Any additional clean-up or repairs done by ADLC will be billed to
Fight Force MMA. Insurance is in order.
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Brian Deats with Fight Force MMA informed the Commission and CEO Ternes Daniels that an electrician examined
the amp voltage on the breaker box. He stated Fight Force will bring in generators in order to bring in additional
lighting, sound and a Jumbo Tron screen. He stated he made a video of the kitchen for the Locker Room so the
Locker Room can determine if they want to use the kitchen. Mr. Deats stated the last time Fight Force MMA held
the event in Anaconda it was great.
CEO Ternes Daniels stated it looks as if everyone has been working together to work through any issues and the
biggest concern is safety. Mr. Deats stated if any areas need to have extra lighting they will and security will be in
those areas as well.
Commission Chair Hart stated all of the appropriate signatures have been obtained and the insurance is in order.
He stated it sounds like everyone has worked diligently to make sure the event goes smoothly.
Item placed on the agenda.
Discussion – Special Event Permit – 2015 Goosetown Softball Tournament
Heather Edwards informed the Commission this year’s tournament will be held July 10th, 11th and 12th at Charlotte
Yeoman Complex, Legion Baseball Field and Benny Goodman Park. Bill Hill will pay ADLC $1,000.00 for the use of
all three parks. She stated Mr. Hill is following the same guidelines he has followed for the past twenty years he
has been coordinating the tournament.
CEO Ternes Daniels expressed concern regarding the aftermath of last year’s tournament. She stated the cleanup after the event was not done appropriately and staff from ADLC had to clean up. She hoped discussion took
place this year and it was made clear to Mr. Hill that the responsibility to ensure all three parks are clean is his.
CEO Ternes Daniels suggested that if problems occur this year the County may need to revisit the cost and
expenses associated with the event.
County Attorney Krakowka asked if anyone has contacted Kyle Henrichs who expressed interest last year in
recycling bottles and cans from the event. Heather Edwards stated she would be happy to contact him and talk
to Bill Hill about it as well.
Kathie Miller with the Anaconda Leader noticed that Fight Force MMA is required to have 4 fire extinguishers for
its event and Goosetown only 2. Heather Edwards stated she will clarify this requirement with Fire Chief RJ Tocher.
Commissioner Lux-Burt stated she remembers how bad the clean-up was last year. She stated it was an “absolute
mess.” Commissioner Lux-Burt was under the impression Mr. Hill was invoiced for the County’s clean-up efforts
last year and, if not, certainly hopes the County does so this year if the same thing happens again.
Commission Chair Hart stated Goosetown is a great event for the community. He stated if Mr. Hill is around it
seems like things get cleaned up. Last year, Mr. Hill went out of town the day after the event. Commission Chair
Hart requested that no camping take place in Rotary Park and parking remain limited at the park as well. He also
stated security at Washoe Pool must be a priority as well and questioned whether the ballplayers would be
allowed to use the showers at the pool.
Item placed on the agenda.
Discussion – Special Event Permit – 2015 Men’s and Women’s State Softball Tournament
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Heather Edwards informed the Commission this event will take place August 1st and 2nd at the Charlotte Yeoman
Complex.
CEO Ternes Daniels would like some of the same issues which surround Goosetown as it relates to this tournament
addressed and clarified with Bill Hill.
Item placed on the agenda.
Discussion – Special Event Permit – Archie Dulaney Horseshoe Tournament
Heather Edwards informed the Commission this event will take place July 18th and 19th at the horseshoe pits at
Washoe Park. She stated insurance is in order and lists ADLC as additionally insured. She stated that the pavilion
was not available for them to use since the County does not rent it out during Goosetown or Art in the Park.
Kathie Miller from the Anaconda Leader asked why the pavilion is not available during Goosetown and Art in the
Park. Heather Edwards informed Ms. Miller that John Leo Sladich informed her that it was not available for rent
during these two events.
CEO Ternes Daniels stated that John Leo Sladich indicated it was challenging to have additional events at the park
during these two events. Staff is unwilling to work on this weekend and therefore, John Leo has to fulfill the
responsibility. In addition, the rental fee is only $50.00 which does not cover the wage the County has to pay to
have staff available. CEO Ternes Daniels stated ultimately it is the Commission’s decision to have the pavilion
available for rent on those weekends.
Commission Chair Hart stated it may be a good idea to look at next year and put some guidelines and provisions
in place with regard to park rentals.
CEO Ternes Daniels also stated she does not feel anyone should be using the showers at the pool unless they are
paying to swim.
Rose Nyman – 121 E. 3rd: Ms. Nyman stated she feels very strongly that all the parks should be available to the
community. She suggested charging a cleaning deposit. She stated plenty of parking is available on Sunday during
Art in the Park and added the reason people like to have a reunion during this event is it gives so many
opportunities to socialize.
Item placed on the agenda.
Discussion – Special Event Permit – Anaconda Community Market
Heather Edwards informed the Commission this event will be held at Kennedy Common each Tuesday evening
from 4:00 p.m. until 7:00 p.m. beginning July 21st and ending on September 29th. This event will be a gathering of
vendors who will offer handmade items and food items. Music and kids activities will be provided as well. A
Special Event meeting was held and the following items were discussed:
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John Leo Sladich requested there be no driving on the Common
John Leo will provide a key to the “warming shed” so the committee can place tables and awnings in the
shed for the duration of the market
John Leo stated the only electrical outlets are around the tree in the center of the Common
Anaconda Community Foundation will contact Anaconda Disposal for garbage collection
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
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Fire Chief Tocher requested there be no parking in front of any fire hydrant or the entrance into the
Common on Hickory
Vendors should have a portable fire extinguisher and any vendor using cooking oil is required to have a
portable fire extinguisher
Banners will be made by the Anaconda Community Foundation
Cleaning of Kennedy Common will be the responsibility of Anaconda Community Foundation
Insurance is in order
Heather Edwards informed the Commission that Gloria O’Rourke called her and asked for permission to drive on
the Common noting that Dee Motors held a recent event at the Common where several cars were driven onto it.
CEO Ternes Daniels stated the Dee Motors event was a one-time weekend event and having multiple vehicles
driving off and on the Common for the duration of the summer is a different scenario.
CEO Ternes Daniels stated moving the market to the Common is a great idea as it is nice to have more activity in
the center of town. She asked to have an electrician look at the outlet to ensure it is capable of handling all of the
power cords that may be plugged into it. CEO Ternes Daniels stated she does not see an issue with the bandstand
being used for storage. However, taking it down to its historical significance is a little more complicated and she
will have an engineer assess it.
Commissioner Lux-Burt stated she attended the market when it was held at Friendship Park and she believes it
will be better attended at the Common.
Commission Chair Hart agreed with CEO Ternes Daniels’ comments regarding driving on the Common and stated
the County may need to come up with a policy to address this issue. Commission Chair Hart asked if hanging the
banners on Park and Commercial is an issue with MDT. Heather Edwards stated many banners have been hung
on both and it has never caused concern in the past.
Item placed on the agenda.
Discussion – Special Event Permit – Shakespeare in the Park
Heather Edwards informed the Commission this event will take place on August 13th from 2:00 p.m. until 9:00 p.m.
in Washoe Park near the rock fire pit as the pavilion has already been reserved for that day. The proper insurance
certificate has been provided and lists ADLC as the additionally insured.
CEO Ternes Daniels stated this is a great event and Washoe Park is a great setting for it.
Item placed on the agenda.
MISCELLANEOUS
No miscellaneous.
PUBLIC COMMENT
No public comment.
ADLC PUBLIC MEETING CALENDAR
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Commission Chair Hart read the ADLC Public Meeting Calendar.
Meeting adjourned:
The meeting adjourned at 8:30 p.m.
___________________________
Julie Hoffman
Clerk of the Commission
______ ________________________
Kevin A. Hart
Commission Chair
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