Hamilton City Council members handled more than a full plate of business at their December 4 meeting as outgoing members of the council, intent on dealing with a lot of unfinished business, piled the agenda items to an unprecedented level. In a four-hour-long marathon meeting the council dealt with 21 separate agenda items, eight of which were Resolutions.

Mayor Randazzo admonished by Council

Expressing deep frustration at the failure of Mayor Jessica Randazzo to carry out several decisions and directives made by the City Council over the past two years, Councilor DeAnne Harbaugh made a motion to admonish the mayor. Harbaugh enumerated several of the issues that she felt were not followed through on following directives from the Council. They included not finishing the sidewalks at the park by the Armory, not planting shade trees at the park, failure to complete restoration of the hillsides at the river bottom, failure to establish an elected Treasurer position, failure to advertise for a contract attorney, refusal to attend conflict resolution meetings, non-participation in a professional facilitation workshop, and refusal to respond to the Parks Committee's request for information.

Councilor Bob Scott agreed with Harbaugh, emphasizing that the mayor was required by law to implement the Council's decisions and directives. He said that the only thing the mayor has been successful at was in "changing the composition of the Council."

Councilor Robert Sutherland complained about being excluded from a meeting of the Public Works Committee and criticized her administration's handling of the dispute over incorrect billing of the Rocky Mountain Lab for its water use.

Councilor Mike LaSalle mentioned an error of the administration in the hiring process for a new Public Works director and complained about being put in an uncomfortable position and made the object of a witch hunt.

Councilor Nancy Joy Hendrickson said that she thought it was inappropriate to be so critical of the mayor since everybody does some things incorrectly, even council members. She said that the mayor works hard at her job and she would not be supporting the motion.

Councilor Jerry Steele said that nothing was being accomplished by such a motion. He said that he was tired of the fiasco and the council needed to move on to important business.

LaSalle voted to approve the motion along with the three 'lame duck' councilors, Harbaugh, Sutherland and Scott. Hendrickson and Steele dissented and the motion to admonish the mayor passed on a 4 to 2 vote.

Mayor Randazzo commented that she had not seen the list of complaints before the meeting and had not had the opportunity to respond.

"Everybody deserves due process and I have received absolutely none," said Randazzo.

Resolution establishing priorities for land annexation (approved)

Councilor Scott said that this resolution sets priorities for infrastructure expansion. At the top of the priority list would be providing services within the city itself. Second would be new developments within the city. Third on the list would be new developments that would need to be annexed into the city. It would allow for exceptions if a proper rationale was documented. City Planner Dennis Stranger stated that the resolution was somewhat confusing and probably needed some serious public input. Councilor Sutherland said that in his opinion the resolution was clear and did not need public input since it was simply setting policy. Scott said that the intent was to set a priority for extending services to already existing developments in the city. Councilor Steele objected to the fact that the resolution was being presented from the finance committee. He said that the zoning and public works committees would have been the proper avenue. The resolution was approved on a 4 to 2 vote with Steele and Hendrickson casting the dissenting votes.

Resolution requiring description of capital expenditures (approved)

Councilor Scott made a motion to pass a resolution requiring that the Council describe the nature of all capital expenditures in the budget. He distinguished three general kinds of expenditures, those additions to the infrastructure capacity that serve new development, those that serve existing development such as wholly surrounded areas, and those that do not create increased capacity but simply make repairs to the infrastructure. There was no further discussion. The motion passed 5 to 1 with Hendrickson casting the lone dissenting vote.

Resolution budgeting grant revenues (approved)

Similar to the resolution calling for a description of capital expenditures, this one called for the same procedure to be followed for grants, that is to designate whether the funds were to be used for new development, existing development or not. There was no discussion. The resolution was approved 5 to 1 with Hendrickson casting the lone dissenting vote.

Resolution requiring citizen planning before infrastructure expansion (approved)

Councilor Scott made the motion stating that it simply formalizes an idea discussed in the past that there would be a citizen planning process before committing any city funds to infrastructure expansion. There was no discussion. The resolution passed on a 4 to 2 vote with Steele and LaSalle dissenting.

Resolution requiring citizen vote on major land annexations and subdivision proposals (failed)

Councilor Scott proposed the resolution to require a public vote on major annexations and subdivisions. He said that exceptions to the the rule were allowed so that it would not include any minor annexations or minor subdivisions or wholly surrounded parcels or parcels purchased by the city. He said that it would only apply to major proposals such as the proposed Flat Iron development. He said that the resolution simply enacted the will of the citizens as documented in the citizen's petition delivered to the council on September 4.

Councilor Steele objected because he believed it placed the city in legal jeopardy because it would not allow for the processing of a major subdivision within the timeframe set by law. He said that it was simply part of Scott's agenda to stop growth.

Scott countered, saying that the subdivision could be denied with the agreement that it would be reconsidered after the public vote.

City Attorney Ken Bell agreed with Steele. He said that the law requires the council to have sufficient reasons to deny a subdivision, not just a policy that keeps the city from processing it within the required time frame.

The motion to approve the resolution was defeated on a 2 to 4 vote with Scott and Sutherland voting for approval and Harbaugh, Steele, LaSalle and Hendrickson voting against it.

Resolution establishing an investment policy (approved)

This policy would provide that cash resources from the various city funds would be pooled for investment purposes and the interest earned would then be pro-rated to each fund on the basis of the amount contributed to the pool by each individual fund. Scott said that under the current system interest is deposited erratically into the city funds and bears no relation to the amount contributed to the investment pool by the fund. Steele said that, in essence, the policy simply follows state law. The motion to adopt the resolution was approved unanimously.

Resolution establishing a separate Cemetery Fund (approved)

Scott stated that the Council established a separate cemetery fund in the past but for some reason it had been merged by the administration into the city's general fund. He said that in order to collect fees an accurate accounting of the funds was needed but this was not possible with it merged into the general fund. He said that by creating a separate fund the money could be accurately tracked and fees established. The resolution was unanimously approved.

Resolution of intent to present a land purchase levy of $10 million to the voters (approved)

Discussion of this resolution was preceded by a motion for the city to pursue an option to purchase a 63.9 acre parcel of land located south of town owned by Garry Shook. Councilor LaSalle pointed out that the current baseball facilities in the city were inadequate and that this land represented a chance to develop some good facilities. Councilor Scott agreed and suggested that the city consider going even further and research the possibility of purchasing or gaining easements on land along the highway and the river that adjoin the Shook property. The motion to pursue an option to purchase the property was approved unanimously.

Following that vote a discussion was held concerning a resolution of intent to present a land purchase levy of $10 million to the voters. Scott noted that it was a major step but said it was only an intent to begin the preparation of documentation on the possibility.

"This does not make the final, irrevocable step of creating a bond issue," he said.

He noted that the option to purchase the Shook property could cost around $2 million. He said that if presented properly he believed the citizens would support it. A gross estimate of the cost per household for a 20-year levy of $10,000 was made by City Planner Dennis Stranger. It amounted to about $240 per year in taxes on a small house. Councilor Steele questioned whether the levy amount might be too high. Councilor Scott said that the resolution of intent could always be amended later if it turned out following a complete analysis that the amount needed to be adjusted downward.

The resolution was passed on a 5 to 1 vote with Councilor Hendrickson casting the lone dissenting vote.

In other business the council:

• approved hiring a part-time year round arborist with a salary of $15,600 to $20,800 per year.

• approved purchase of a Public Works truck at a cost of $33,684.

• approved placement of a stop sign on the east and west sides of the intersection of New York and 5th Streets.

• approved setting a salary cap of $25,000 to $35,000 for a mayoral assistant or $50,000 for two mayoral assistants.

• approved acceptance of an offer of $236,903 from Rocky Mountain Laboratory for back billing fees for water use, but without the conditions attached by the lab which would mean forgiving the difference between that amount and the amount billed which was over $647,000.

• approved a revision of council procedures regarding communication with administration and staff

• approved a change to the Skyline Homeowners Association covenants that would allow the sale of city-owned land in the subdivision surrounding the city's water tank.

New Composite Lumber Company announces stock offering

By Michael Howell

The Bitterroot Composite Lumber Company (BCLC), a locally owned corporation, recently announced the sale of public stock. The company plans to establish an extrusion plant in Darby, that will combine wood fiber from small diameter timber and wood waste with recycled plastic to make a durable outdoor decking. With a sales pipeline in place, BCLC will market the sustainable decking product regionally under the brand name Montanadex.

"We are very excited to be finally through the process of getting certified by the State Auditor's office for the public sale of stock," says company CEO and co-founder Corrine Gantt. "We have been working on this project for close to three years and it looks like we are going to make it happen."

Gantt said that the company has a comprehensive plan for success. The Company is partnered with Strandex Corporation for technology and production management services. Strandex technology provides for economical production of the most reliable composite board on the market. In addition to the existing sales pipeline, BCLC will also contract to produce decking for other Strandex licensees that want to purchase production for their West Coast customers, providing additional cash flow for the emerging company.

The company plans on distributing its product regionally through Empire Building Materials of Missoula. A site for the manufacturing plant has been identified at the Deer Mountain Lumber Company site behind Ole's in Darby. Although the wood fiber that is to be ground up and used in the process may be imported at first, enough fiber suppliers have been identified in the valley to fulfill the company's needs. These include slash from timber operations, sawdust and planer shavings, as well as waste wood from log home operations. The project will produce 25 new jobs and set the stage for some spin-off companies in the area. Company executives hope to begin production by November of 2008.

BCLC is offering $500,000 worth of common stock. These proceeds will be used for operational capital. The company is also in line for additional funding from a few development corporations for use in economically distressed communities like Darby. These funds could be used, along with the funds raised through sale of stock, to leverage the $4.5 million needed for purchase of equipment.

"This business will provide good paying manufacturing jobs and produce an environmentally sound product," says Chief Operations Officer and co-founder John Schneeberger. "This is a high tech, clean facility in which the extrusion lines can be changed relatively easily to use different feed stocks or to produce different product lines. Our focus is on decking because of the booming demand, but we can move quickly into new products as the market changes."

Schneeberger said that the company plans on using recycled milk jugs for the plastic component to ensure that their product is "certifiably green." Plans call for importing the plastic initially but working towards the use of in-state recycled milk jugs in the long run.

He said that the company has enough options for procuring the raw materials and financing that they are confident that, one way or another, the plant will be built.

All who are interested in buying stock in BCLC and becoming part of business can come to a presentation that will be held every Monday at the Carriage House in Hamilton located at 310 N. 4th St. The first presentation is set for December 17, at 7 p.m. Following a two-week break for the holidays, the presentations will resume January 7. Anyone interested in more information about the company may contact Corrine Gantt at 544-8586 or e-mail her at cgantt1@netscape.net, or John Schneeberger at 370-3230 or e-mail him at schnee@montana.com. The company has a website at www.montanadex.com.

Highway 93 improvements scheduled

By Michael Howell

The new bridge north of Hamilton may finally get some use as the Highway 93 reconstruction project for the segment north of town has been awarded. Construction on the segment from Riverside Cut-off to north of Woodside Cut-off is now scheduled for next summer. Schellinger Construction company of Great Falls has been awarded the contract, worth an estimated $15.8 million. According to Ravalli County Road and Bridge Supervisor David Ohnstad, a pre-construction conference will likely occur sometime in early January and a construction schedule should be available not long after that meeting.

Ohnstad said in a recent memo to the County Commissioners that there will likely be periodic lane restrictions, speed reductions and the potential for significant delays through the course of the project.

"We understand that there will not likely be a 'designated' alternative route (detour); however, human nature being what it is, people are likely to attempt to find the path of least resistance, which may result in increased traffic on county roadways in the area, as well as Woodside Cut-Off and the Eastside Highway," wrote Ohnstad.

He said that he anticipates a cooperative relationship with both the Montana Department of Transportation and the contractor in addressing situations that may arise; "however, regardless our efforts, there may be those unhappy with increased traffic on local roadways."

The county plans on using the reclaimed asphalt pavement harvested from the existing roadway from the highway north to Sheafman Creek Road to complete the improvement of Meridian Road, using the recycled asphalt for the surface course.

Baucus bill would nix public lands fees

By Michael Howell

The U.S. Forest Service and other federal agencies would be blocked from charging Americans higher fees to access their public lands under legislation introduced last week by U.S. Senator Max Baucus.

Baucus introduced his much-anticipated Fee Repeal and Expanded Access Act of 2007. Joining him as the lead cosponsor is Sen. Mike Crapo of Idaho.

The bill would revoke authority given federal agencies, with the exception of the National Park Service, in 2004 to institute new fees and increase existing fees at campgrounds, trailheads, and other public areas.

Specifically, the bill repeals the 2004-passed Federal Lands Recreational Enhancement Act, sometimes called the recreational access tax, and reinstates legislation dating back to 1965 that limits the use of fees on public lands.

Baucus, a long-time critic of the fees, said the current system amounts to double taxation.

"Americans already pay to use their public lands on April 15,” Baucus said. “We shouldn’t be taxed twice to go fishing, hiking, or camping on OUR public lands. It just doesn’t make any sense. That’s why Mike and I are going to fight like the dickens to get this bill passed."

The senators noted that both the Montana and Idaho State Legislatures passed resolutions to repeal FLREA.

Crapo said, “As an outdoorsman and legislator, I have always supported fair and reasonable access to our nation’s public lands. Mandatory user fees for access to many of those lands limits accessibility to those who can afford the cost and results in a 'pay-to-play' system that is unacceptable. I also fully recognize that we need to adequately fund recreation activities on federal lands and will continue to fight in Congress to make sure the funding needs of our public lands management agencies are met.”

Debates have flared up in communities across the West as fees began to rise after the 2004 bill was passed. Baucus said he hopes his bill will help resolve those disputes.

Kitty Benzar, president of the Western Slope No-Fee Coalition, hailed the bill. Baucus worked closely with Benzar as well as the late Robert Funkhouser, who recently passed away, in crafting the legislation.

"This bill will bring an end to a failed experiment that has for 10 years burdened Americans with a double tax and kept them away from public lands they have always enjoyed," Benzar said. “I applaud this bipartisan effort."

The bill would:

· Repeal the FLREA

· Reinstate the fee authorities established by the 1965 Land and Water Conservation Act

· Reinstate the National Parks Pass system

· Cap the amount that can be charged for entrance to national parks.

For complete text of the bill, visit www.baucus.senate.gov.

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