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Wednesday, February 20, 2008


Page One News at a Glance


Stevi School Board votes to place levies on ballot

Stevensville Town Council

Bitter Root Land Trust hires new director

County and communities look to work together on zoning




Stevi School Board votes to place levies on ballot

By Michael Howell

At its regularly scheduled meeting on February 12, the Stevensville School Board of Trustees voted to place both an Elementary School and High School levy before the voters on May 6. This was done with no set values being placed on the levies or any definite designation of the potential use of the funds. It was done following Superintendent Kent Kultgen’s recommendation in order to meet deadline requirements for placing measures on the ballot and simply ensures that the options remain open. After detailed discussion and examination it may be decided later not to place them on the ballot, but without a decision to do so at this time they could not be placed on the ballot.

Earlier in the meeting Kultgen notified the board that the Elementary School General Fund was going to experience an increase in the coming year of $325,000 due to increased enrollment and the 1.9 percent increase granted by the legislature. The elementary school saw an increase of 45 students as of February 1.

He told the board that the high school general fund budget was going to see an increase of $15,000, despite a drop in student enrollment with a loss of 25 students, due to the 1.9 percent increase granted by the legislature and the fact that a three-year average is used in computing state enrollment-related funding. He noted that these are currently just estimates and the final figures would be released by the Office of Public Instruction on March 1.

A few board members noted that this increased funding raised questions about the need for placing any levies on the ballot.

Kultgen said that some potential increased expenses related to hiring, textbooks and buildings that might offset those increases need to be considered.

Placing the elementary school levy on the ballot passed with only one dissenting vote by Roger Bardsley. The motion to place the high school levy on the ballot was approved unanimously.

Discussion of the proposed levies, whether they are really needed and if so, how much money is needed, will be considered at a work session scheduled for Tuesday, February 26 at 6 p.m. in the regular meeting room at the High School.

Also on the ballot in May will be three trustee positions. Chairman Jim Cloud’s, Kirk Thompson’s and Roger Bardsley’s seats will be up for election.

In other business the Board:

- approved hiring Kelly Green as an elementary para-professional

- approved hiring Ramey Lunceford, Kim Roth, and Roy Clark as assistant high school track coaches.

- approved the renewal of Superintendent Kent Kultgen’s contract for the 2008-2009 school year.

- approved the purchase of a 1995 Chevy pick-up for $5,000.

- approved the purchase of two new route buses with money from the Bus Depreciation Fund.

- accepted the resignation of High School Assistant Girl’s Softball Coach Lindsey Day.

- accepted the resignation of custodian Phil Corteson.

- accepted the resignation of high school secretary Sarah Nagel.

- accepted on first reading several new and revised policies following recommendations from the Montana School Board Association and to come into compliance with changes in state law. One involved recognizing that the legal school year is now calculated by the hours instead of by the day. The minimum requirement used to be set at 180 days; it now is computed in hours. It is a change that allowed the Victor School District to adopt a four-day week.

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Stevensville Town Council

By Michael Howell

Possible changes in water rights discussed

At its February 11, meeting the Stevensville Town Council discussed possible changes in its water rights in relation to the annexation of the Twin Creeks Subdivision south of Middle Burnt Fork Road. The subdivision, being developed by John Anderson, was approved on November 26, 2007, and would create 117 residential units on 42.27 acres. Part of the deal would possibly involve abandoning the town’s current infiltration gallery located two miles up the Burnt Fork as well as three other existing wells in town and consolidating all of the Town’s water rights into a well field on property within the subdivision. It might also involve the transfer of existing water rights on the subdivision property to the Town.

An analysis of the town’s water system by Professional Consultants Inc. (PCI) completed last year yielded a recommendation to abandon the surface and groundwater collection system located up the Burnt Fork and consolidate the water collection system in town into a centralized well field. Anderson subsequently offered the Town a portion of land in his proposed subdivision to establish the recommended new well field.

At the last council meeting, a water rights consultant for Anderson, Tracey Turek, told the council that even though the preliminary engineering report suggested that the Town may have enough volume in its existing water rights to meet the plan’s requirements, a change in the water rights involved would be necessary. But that process, she warned the council, could be very complicated for a number of reasons.

First of all, she said, the Town’s existing water rights would need to be changed and though it looks like enough water to make the plan work, it would be a very convoluted process, the main reason being that the Town failed to file its water rights with the state when required to do so during a period of time between 1979 and 1982. As a result, since 1982, the Town lost those water rights. The Town subsequently made late filings, but those still must undergo review and approval by the State Water Court as part of the ongoing water rights adjudication process. The Town, at the same time, filed for new water rights that would have a later priority date. As a result, she said, the Town holds some duplicated water rights and some of these still remain to be adjudicated by the water court. All this makes it very difficult to determine exactly how much water the Town really has rights to, she said.

Complicating the matter even further is the fact that any change in the water rights to transfer them to a new well field would have to go through a Department of Natural Resources and Conservation (DNRC) approval process. One obstacle would be facing objections that may be raised during the process concerning potential adverse effects on existing water right holders.

“It is most likely that you will get objections,” Turek told the council. “It’s the nature of the Burnt Fork.”

Another consultant for Anderson, Nathan Lucke of Territorial-Landworks, Inc., said that from the scientific and hydro-geological perspective that objectors, “won’t have a lot of science backing them up.”

Lucke stated that the wells proposed to be placed in the new well field would be going into deeper aquifers than the surrounding wells in the area. He said they would be going into the second and third aquifers which are entirely different water sources than the first, shallow aquifer serving the existing wells in the area.

Town Councilor Clayton Floyd expressed concern about what would happen if there was a subsequent drop in the water level in neighboring wells.

Lucke reiterated that it was not likely.

“But what if it did happen,” Floyd insisted. He said that it was important to answer the question if the Town was going to assume responsibility.

Lucke said that the hydro-geological study that would have to be done will identify the zone of influence of the new wells and their potential effect on neighboring wells and surface water in the area.

Mayor Bill Meisner concluded the discussion by stating that the Town would have to look at its Master Plan and discuss the possible ramifications with the Town’s engineer, Tom Hanson of PCI.

Also discussed at the meeting in relation to the subdivision was the creation of a Special Lighting District that will be required. Clerk Nancy Lowell noted that Anderson would need to get together with NorthWestern Energy and the county treasurer to work out the details.

The Council also approved a motion to allow work to begin on the sewer line serving the new subdivision as it passes along ALC road through school property so that it might be completed before soccer and baseball season begins.

The Council also concurred that it would be appropriate to move a road near the newly proposed well field layout. That move might involve changing the subdivision lot layout.

As part of the final subdivision approval process details of a traffic impact study, requested by the County and included as a requirement of final subdivision approval, were discussed. Territorial-Landworks, Inc. confirmed that the study would include an analysis of the impact of increased traffic volume on Middle Burnt Fork Road and address the existing structural problems with the roadway. It would also examine the effects on the intersection of Middle Burnt Fork Road and the Eastside Highway, including traffic and turning movements through the intersection. Adequacy of the turning radius for right turning vehicles on Middle Burnt Fork Road would also be evaluated. Effects on the intersections of Middle Burnt Fork Road with Park Street and Logan Lane would also be examined as well as the impacts of two approaches to the subdivision onto Middle Burnt Fork Road. Pedestrian traffic impacts would also be studied as well as impacts on the railroad crossing on Middle Burnt Fork Road.

Town of Stevi conducts household income survey

The Stevensville Town Council agreed unanimously at its last meeting to conduct a household income survey as part of the requirements for applying for Community Development Block Grant funding aimed at making improvements in the town’s water system. The survey asks residents to report the number of family members in their household and to check a box that indicates a range of the combined gross annual income for all adult members (persons age 18 and older) of the household. Town officials state that the information provided will remain confidential. No names or addresses are required to be included in the response.

“It is very important, however, that the responses are accurate because the information helps determine the level of need for grant funds or other assistance,” states the survey. Town Clerk Nancy Lowell noted that getting income information from people may be difficult but getting two-thirds of the residents to reply was necessary in order to apply for the funding.

Councilor Susan Evans suggested going door to door to gather responses but that notion was rejected due to the confidentiality requirement.

The Council approved mailing the questionnaire to residents with a self addressed return envelope for responses. The cost was estimated to be about $660.

The Town has already allocated about $307,000 from existing CDs to planned water and sewer infrastructure improvements. It also approved at the latest meeting an application to the Montana Department of Commerce for further financial assistance from the Treasure State Endowment Program for the Town’s Water Improvement Project.

Stevi Police to cut back on fuel use

In a recent memo issued by Stevensville Chief of Police James Marble all police officers were given instructions designed to cut back on the department’s use of fuel. The Town’s overall fuel costs last month were $928. The police department’s share totaled $531.

According to the memo officers are now required to turn off their vehicles if they are at the office for more than five minutes. Officers will no longer respond to county jurisdiction unless requested through dispatch and for emergencies only. Officers are also required to turn off their vehicles when running stationary radar. Their periods of active patrol are also now limited to no more than four hours per shift per day, although these times may be broken up over the course of the day.

There is currently only $3,711.33 left in the department’s fuel budget to last until late September or early October.

In other business the Council:

-- agreed to approve the construction of a leased parking lot by Fred Thomas on Church Street next to the Masonic Lodge building. Thomas owns the Western States Insurance building located on Main Street and is contemplating a future building expansion at that site. To do so would require creating more off street parking for employees at the Main Street business. Thomas informed the Council that he was aware that he would still have to apply for a variance but did want the Council’s approval before applying. Thomas noted that he was also aware that at the time of any future development or construction additional or different parking requirements may be in place and that he will have to meet those requirements.

-- approved the attendance by Chris Sparks to a water school in Kalispell for schooling and testing.

-- heard concerns from Jackie Mavencamp, Gene Mim Mack and Chris Weatherly, representing the Design Committee of the Stevensville Main Street Association about signage for private businesses at Veteran’s Park. Mayor Bill Mesiner stated “I do have issues about advertising signs in a public park. You can’t advertise for every business in town and do it fairly.” It was agreed that the town’s attorney would investigate the legal ramifications and it would be addressed at a future meeting.

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Bitter Root Land Trust hires new director

By Greg Lemon

Gavin Ricklefs, a local attorney with a passion for land conservation and the Bitterroot Valley, has been named the new director of the Bitter Root Land Trust.

For Ricklefs, 33, conservation means protecting aspects of the valley citizens cherish.

“We’ve all got certain attributes of the valley or certain places we hold dear,” he said. “Conservation means targeting those places to make sure they remain unique and that this valley remains unique.”

Ricklefs came to the Hamilton eight years ago when his wife Stacy took a job with the Rocky Mountain Laboratories. In 2005, he finished his law degree at the University of Montana and opened a private practice in Hamilton. That year he and Stacy also welcomed the birth of their son, Andrew.

In 2006, Ricklefs got involved with the Bitter Root Land Trust and their successful efforts to pass the $10 million open lands bond in Ravalli County. Soon after the bond passed, he joined the land trust’s board of directors.

His passion for land conservation was born, in part, in the suburbs of Seattle, Wash. Ricklefs grew up in Bellevue just east of Seattle. He saw the effects of sprawling development.

But it was while attending Whitman College in Walla Walla, Wash, that he experienced the benefits of working agriculture lands and the values of wild places. The contrast between suburban Seattle and rural Walla Walla was sharp and left an impression on him that was cemented when he moved to Montana.

“Moving to Montana in 2000 and seeing the rapid change in the community in just the past several years made me realize the importance of preserving the amazing place we live,” he said.

The Bitter Root Land Trust began in 1997 with a small group of citizens interested in preserving open lands in Ravalli County. The land trust’s focus is preserving working agriculture lands, wildlife habitat and open space. It has grown in 11 years and now the land trust has a committed board of directors and professional staff, which make it poised for the future, Ricklefs said.

This, coupled with the open lands bond, means that the land trust has the tools to help landowners in the Bitterroot Valley conserve their open lands for future generations.

“We’ve had, in the past, a significant amount of interest from local, longstanding Bitterroot Valley residents in placing their land under a conservation easement,” he said. “Now we’ve finally got that public commitment. The community recognizes the importance and significance of conserving land.”

The former land trust director, Grant Kier, left the position late last year to take over as director of Five Valley’s Land Trust in Missoula. Kier was an excellent director and the Bitter Root Land Trust was able to accomplish quite a bit under his leadership, including helping to pass the open lands bond, said John Ormiston, president of land trust’s board.

When the land trust went looking for a new director, they were delighted to find the best candidate within their ranks, Ormiston said.

“We just decided his history with us, the background that he has – it was just too good of an opportunity to pass up,” he said. “We’ve got another guy that’s going to help us step it up another notch.”

When Ricklefs joined the board of directors, he didn’t talk much, Ormiston said.

“He spent that time learning about us,” he said. “There were people who wondered if he could talk for a while, but he was carefully listening and learning.”

And it’s paid off. Ricklefs will hit the ground running, Ormiston said. Plus the fact that Ricklefs has a history in the Bitterroot Valley and knows the people and the issues equips him with the tools to start quickly on the work at hand, including working with landowners anxious to put their land under a conservation easement.

“The Bitter Root Land Trust, may be the luckiest nonprofit organization in town,” he said.



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County and communities look to work together on zoning

By Greg Lemon

Countywide zoning is going to impact the communities of Ravalli County, but just what those impacts are and how the county and towns will work together to limit or mitigate them are, as yet, unanswered questions.

But one message from county and community officials is clear: everyone will need to continue to work together.

“It’s generally the right thing to do because clearly any zoning we do around the existing incorporated communities can affect how they end up growing,” said Karen Hughes, director of the Ravalli County planning department.

The countywide zoning project began over a year ago. The county has contracted with Clarion Associates out of Colorado to facilitate and develop the zoning. Community Planning Committees are meeting in each of the seven county school districts to aid Clarion Associates in the zoning process. The goal is to have a draft of the zoning regulations and maps ready for public comment this summer.

Montana law dictates that countywide zoning must consider the zoning regulations in local incorporated communities, said Chris Duerksen, planner with Clarion Associates. But the law doesn’t get into detail about the extent county zoning must conform to city zoning. That’s where the communication between the incorporated communities and the county should come in.

“We have to make certain that there are some zoning districts that are in keeping with what’s going to happen around the town,” Duerksen said.

Ravalli County has four incorporated communities: Stevensville, Pinesdale, Hamilton and Darby. In addition, Corvallis and Victor have community sewer districts and treatments systems. Florence has a sewer district, but no infrastructure. The general concern is that future growth near community borders will be consistent with the way the communities have been designed.

Take Hamilton, for instance. Hamilton has its own zoning and building codes. If the county tries to steer denser development near existing infrastructure, then it should be compatible with what is already in place, said city planner, Dennis Stranger.

“We think urban density should be provided with urban services,” Stranger said.

Those services mean more than just public sewer and water. It also means police and fire protection as well as road maintenance, he said.

Developments bordering the city will put pressure on city services, particularly the police department. So, it stands to reason that they be annexed so they would be included in the city’s tax base. But if they’re going to be annexed, they need to fit Hamilton’s own development standards, which include standards for roads, curbs and sidewalks along with sewer and water infrastructure.

“We’d have to work out some kind of mechanism with the county so we have some say about what gets approved where,” Stranger said. “That’s a prerequisite for any of this working.”

Communication will be the key, said Clayton Floyd, Stevensville town councilor and community planning committee member.

“As Ravalli County develops zoning districts countywide, I think the tendency’s going to be to want to zone the higher density closer to developed areas,” Floyd said. “And I think the assumption is that those areas, those towns, would want to, at some point, annex.”

But if future development doesn’t conform to Stevensville standards, then the town may not annex them, he said.

Another question is: Will the annexed growth pay for infrastructure upgrades, like possible expansion of sewer and water facilities, hiring more police officers, or maintaining new roads? Floyd isn’t so sure. So how will the community pay for the new development?

“From a taxpayer standpoint in Stevensville, how much do you think is fair to ask the taxpayers of Stevensville (to pay) to expand water and sewer to accommodate dense growth in the surrounding areas?” he asks.

These questions must be answered, or at the very least discussed, before countywide zoning is completed, Floyd said. The county must closely communicate with the towns as the project progresses.

“I would hope that we would have a real close collaboration,” he said.

That collaboration is happening, said Hughes. The planning department is leading the community planning committees and has been actively engaging the community leaders on how they envision working with the county through this process.

One piece of information the county is drawing from the communities is where would they like growth to occur and how much they think the can accommodate, she said. The communities and the county are also discussing how developments are going to be reviewed and approved.

The Montana law allows for a variety of ways to allow cities and counties to share in the review process for developments, said Ravalli County Attorney George Corn.

“The law provides for this cooperation, it just takes the political decision that they want that to make it happen,” Corn said.

This could mean a joint city/county planning board or having county commissioner representation on city planning boards, he said. It also could mean signing interlocal agreements or memorandums of understanding between the county and the communities, which could provide for input from communities on growth near their borders.

“There’s all sorts of statutory ways, it’s just up for the cities and towns to decide that they want to do it,” Corn said.

In Darby, Mayor Rick Scheele would want the town to have input on any developments within a certain radius of the town – say, for instance, five miles.

He doesn’t necessarily see the need to have combined planning boards, but maybe the town and the county could come to an agreement that if a development were proposed within that five-mile radius around Darby, the town would have a voice in the review process, Scheele said.

Discussion is already beginning about how the county and communities will work together on reviewing developments near the towns, Hughes said. But it’s too early in the process to say what mechanism will be put in place.

“As fast and furious as this process is, that part of the discussion is only just beginning it feels like,” she said. “I think we’re just kind of right now trying to get some of those concerns on the table so we can figure out how to address them.”

Commissioners and the planning department will continue to meet with community leaders to figure out a method of working together on implementing zoning and how, once implemented, they will work together through the review process, she said.



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