Wednesday, March 26, 2008

Opinion & Editorial

Last week the Darby Community Planning Committee told the county commissioners that it was not possible to work on zoning when most everyone who comes to the CPC meeting is adamantly against zoning. They asked the commissioners to remove the Darby School District from the zoning process.

The Board of Commissioners showed some hesitancy for several reasons. But in the end they mostly agreed that one intent of separating the county into districts for the zoning process was that the people in each district would determine the character and shape of their own zone. As Commissioner Thompson put it, “If Darby wants a gravel pit anywhere, or a race track anywhere, or a sexually explicit business anywhere, then I guess they can have it.”

But the question batted around the commissioners’ table was how do you know what the people in the district want without going ahead with the zoning process and finding out. Members of the Darby group then asked the commissioners to take a straw poll and see what the people in Darby want. They said what most people want is no zoning and for the process to stop immediately. Most of the commissioners thought a straw poll of the people over the question was reasonable. The Deputy County Attorney said the commissioners could do that and then felt obliged to emphasize that the straw poll is a non-binding vote and does not commit the commissioners to anything.

The group from Darby reminded the commissioners about their commitment to respect the will of the people within each district and asked them to make a resolution in advance to support the outcome of the straw poll. The commissioners agreed.

The big Webster’s on my desk defines a ‘straw vote’ as “an unofficial vote or poll taken to determine general group opinion on a given issue.”

The Wikepedia on my desktop says: “A straw poll or straw vote is a vote with non-binding results.” That’s interesting, that’s the same thing the attorneys keep saying.

We are in the middle, maybe nearing the end, of a zoning process mandated by a public initiative that was placed on the ballot and passed by a good majority of the voters in the county. The Interim Zoning Ordinance enacted by the voters of the county mandates that the commissioners will work on and develop a comprehensive countywide plan.

Now one district in the county wants to be removed from that process and the commissioners have committed themselves in advance to abide by the results of an upcoming straw poll.

So let’s get at least one thing clear. This is no straw poll! This is the real deal. This is a real ballot issue being placed by the commissioners before voters in the Darby School District because whichever way the vote goes, so goes the county commission. Just like in a real election.

And what if the voters in the Darby district opt for no zoning? Doesn’t that place the county in an odd position, having been mandated by a countywide ballot issue to do countywide zoning?

Once the commissioners remove the straw from the straw vote by committing themselves in advance to the outcome of the vote, it raises the question as to whether the mandate of a local school district vote can supersede the mandate of a countywide vote.

It seems like a really roundabout way to hold an election. To hold one that doesn’t count. But agree that it will count.

Straw polls don’t count. By definition.

The commissioners have ensured that the results of this straw poll will be binding on the county. So this poll will count. That means it is not a straw poll. It’s more like a ‘fake straw poll’ or a wolf in straw poll clothing, or some such thing.

No wonder Commissioner Thompson is now back peddling on the issue and claiming that the poll results will simply be “taken into consideration.” But as Commissioner Chilcott notes, the commission did vote in advance to validate the results of the poll.

Odds are it’s going to end up in court, just like all the other zoning stuff.

Response to Linkenhoker

Dear Editor,

Yeowwww!!!

Just read the letter to the editor last week from my Personal Character Assassin (PCA), that blames me for every lawsuit that has been filed against the county as a result of my legislation, including SB-110 from last session. Let’s see if I’ve got everything correct from my PCA regarding this bill. Well, to begin with, I’m responsible for the devastation of our County Planning Department, have eviscerated County efforts to protect our valley, trashed renters, got my hand caught in the cookie jar and passed unconstitutional laws, all as a result of my legislation and SB-110. Now, let’s be clear, I haven’t eviscerated anyone, at least in the recent past, but I am considering a possible candidate, but that’s for another time.

Some recent legislation that I’ve sponsored includes SB-185, that allows local governments to assess impact fees (this must totally devastate our county since they would have the right to assess developers their fair share for infrastructure). Now here’s one, how about SB-201, this is the legislation that provided incentives for local governments to do zoning, and actually allowed additional fees from developers under this bill. SB-201 must have really eviscerated the cookie jar, oops, sorry I’m mixing my metaphors!

Let’s discuss SB-110, which was the reason my PCA wrote his (her) letter to the editor. First of all SB-110 is primarily a “housekeeping” bill, that identified when services must be delivered as a result of annexation, requires a declaration from condominiums to include certification (from the local government) regarding subdivision review, replacing the term “freeholder” with “real property owner,” which is existing law, changing the time allowed for challenging the creation of a planning and zoning district from 5 years to 30 days, and allowed boards to regulate and restrict the density, erection, construction, reconstruction, alteration, repair, location or use of buildings or structures of the use of land.  In addition the legislation allowed for civil penalties for violation of zoning laws, including jail time and stated that governing bodies may adopt regulations requiring that a certain percentage of improvement or specific types of improvements necessary to protect public health and safety be completed before the developer begins selling lots.  

Can’t you just feel the devastation and evisceration that is taking place as a result of my right wing leanings and those of my fellow legislators?

I’m sorry, but there is some bad news for my letter writing PCA, and it will really affect his (her) goal of challenging SB-110!  First of all, SB-110 passed out of the Senate by a margin of 39 in favor to 11 opposed, so it had broad based support. Unfortunately, the other right wing conspirators who supported SB-110 were the entire democratic caucus. The no votes came from the Republican side of the aisle!

Now, Mr. (Ms.) PCA, here is the really bad news. SB-110 was killed in Republican controlled House Judiciary, and was never passed into law!  Yes, those right wing conspirators were really trying to devastate and eviscerate our County.

Finally, in all seriousness, Mr. (Ms.) Personal Character Assassin, I’ve never seen such hatred spewed in a letter as the venom you put forth in yours. You not only embarrassed yourself, but soiled the process of the letters to the editor, those that seek constructive solutions, and provide earnest public input to solve problems in our community.  Maybe it’s worse than shame I feel for you, maybe it is pity I feel.

Rick Laible
Darby

Letters should be censored

Dear Editor,

After reading the inaccurate, vitriolic and hate filled letter that targeted Senator Rick Laible, I was shocked that no one bothered to check Mr. Linkenhoker’s facts. Mr. Linkenhoker’s rants and opinions are one thing, as heinous as they are, but he is totally misinformed when discussing the bills Senator Laible was responsible for and especially misinformed about the outcome of the actual vote on these same bills.

Some due diligence has to happen before letter writers are allowed to malign individuals, especially a senator who has maintained a good record, has the constituent’s best interests at heart and is attempting to propose some sound legislation. It is one thing for Mr. Linkenhoker to disagree, but another to promote a personal agenda in such an unseemly manner.

We all have the right to express our opinions, but some thought must be taken before outright lies and character assassinations are printed in our newspapers.

Amy Arnold
Darby

‘Old Bitterrooter’ and proud of it

Dear Editor,

I am sorry to see that you have such a low opinion of "old" Bitterrooters. I am 64 and a third generation Bitterrooter. You may not like us but you sure know how to tell us how we should think and act. It's a pity you cannot "see" back fifty years to a time when anyone who wanted a job had one. There was no welfare and no one went without medical care. We children didn't worry about danger - pediphiles, rapists, and gangs. Life was good - then we got discovered! It has meant the end of jobs, security and a happy life for everyone who doesn't bring their wealth with them. We are left with service jobs, construction jobs and higher taxes. It would be nice if your cartoonist had the guts to sign his/her work as I would like to avoid that mentality completely. I don't choose to tell anyone how to live here. If you manage to raise a family on Bitterroot wages and survive thirty or so winters here, no one will have to tell you much.

Connie Martin
Florence

Is the Darby jail big enough?

Dear Editor,

On the front page of the Bitterroot Star, March 5. Karen Hughes, Director of Ravalli County Planning Dept., has concerns for her safety. She asked for police protection with suppression or ejection of any opposition. Why waste taxpayers’ money and time when the zone is set? It seems to me this has resulted in tactics that Adolf Hitler and followers would be proud of. Is the Darby jail big enough?

The 55-page front to back zone “book” has unreasonable regulations pitting neighbor against neighbor. The zone is a tool for those with high income to bash those of us struggling to make ends meet.

I had a “voluntary zone” placed on my property, which my folks bought in 1935. My legal notification was through a local newspaper. At the time my now ex-husband could not read or write and we could not afford a paper. My neighbor who has money found out I had been zoned and filed a complaint with the Ravalli County Commissioners, resulting in a Kangaroo Court session to which I was not invited. A newspaper reporter informed me of the meeting after the fact. My neighbor was trying to make my family homeless. I found out about the “voluntary zone” 12 years too late. I complained to one Commissioner who said, “Ignorance of the law is no excuse.” Another said “It might be immoral but it’s legal.”

Don’t let this happen to you! Give ‘em hell, Darby! Don’t give up the fight!

Ella Buckallew Wothe
Stevensville

Zoning outcome affects everyone

Dear Editor,

The Ravalli County Zoning effort has been rejected by a number of residents. The no zoning proponents imply by their statement that they do not care what Ravalli County or their neighbors think. This attitude was part of what drove discussion to call for implementation of limited density and restrict uses. Maybe for too long developments, higher traffic counts, inconsiderate noise and smells have prompted many to ask how much of this do we allow?

Zoning will not address smells, excessive noise or higher traffic; it does consider some of the underlying causes. Density, structure height, uses allowed are considered with zoning.  My experience as a member of the Stevensville CPC is most folks do not understand how language will affect their future. So you battle fear of the unknown, but who has the responsibility to educate regarding zoning? While Ravalli County or Clarion (its contractor) should make an honest effort to do so, ultimately the responsibility rests squarely with each of us to learn and understand. We are talking about an effort that will affect our lives, our children’s lives and our grandchildren’s lives. What could be a higher priority than this?

Unbridled development will affect all of us even if we do not live next to a new subdivision without zoning. As more housing is built the demand for police and fire protection will increase. Demand for water or sewer service will increase. All these governmental services require additional taxes from ALL of us. Quality of life speaks clean air and water, but being priced out of your home by higher taxes will impact you in a more permanent way.

Clayton D. Floyd Jr.
Stevensville

Thanks from Stevensville Playhouse

Dear Editor,

Thanks to everyone in the community and the valley for making “Honky Tonk Laundry” such a huge success!

Dan DePauw, President
Chantilly Players and Stevensville Playhouse

Thanks from VFW Auxiliary

Dear Editor,

We would like to thank everyone for helping us with our past efforts of mailing many packages to our military members who are serving in Iraq and Afghaistan. It has been a huge success. We plan to send more packages soon. We hope to have more names sent to us and also appreciate all donations. Personal items and postage are the biggest expense. Any assistance is greatly appreciated. All names and donations can be mailed to Bitterroot VFW Auxiliary #1430, Treas. Cecelia C. Ohl, 282 Grundy Lane, Hamilton MT 59840. Any questions call 370-2659 or 258-1599.

Edna Nasca, Commander
Sharon Klakon, President
VFW Post & Auxiliary #1430
Hamilton

Questions about thinning proposal

Dear Editor,

We’re all sick of relying on terrorist nations like Saudi Arabia for our oil. We need an Apollo-style commitment to alternative energy, and Montana could be a green leader.

It was refreshing to hear about the recent symposium in Hamilton on biofuels as alternative energy. The Big Sky Coalition (BSC) was one sponsor and Sonny LaSalle helped organize it. I applaud Mr. LaSalle for highlighting alternative fuels.

I went to the BSC website for details of LaSalle’s proposal to use biomass as fuel. I learned it involves “large-scale forest thinning,” but I came away with questions:

1) Who pays for the large-scale thinning, transporting and preparing of the wood slash for biofuel use? What about infrastructure cost? Their website mentioned possible grants from the Department of Energy, but for a project this size would we taxpayers foot the bill? Would those who live in the wildland-urban interface pay? Would it be subsidized by selling off the more fire resistant trees?

2) How far into the Bitterroot backcountry does LaSalle propose to thin? Into our best fisheries, hunting grounds and traditional recreation land? Would this create a safety buffer for us? Would it include any private lands around homes, providing a defensible space to secure our family and property?

3) What credible studies show that forest thinning reduces fire risk? Or is there actually greater fire occurrence on ”treated” National Forest lands?

4) Does LaSalle believe our fires are from inadequate “management,” or from record heat and drought and even longer summers?

5) How will thinning our forest here keep the smoke from billowing over from Idaho?

6) What’s LaSalle’s real agenda? Is it public safety, economics, and forest health, or is it large-scale logging disguised as “alternative energy”?

Let’s use biomass from immediate areas around homes and communities, making it economically feasible and making us safer.

Van P. Keele
Hamilton

Thanks from your trapping friends

Dear Editor,

On behalf of the 4000+ licensed trappers in the state of Montana, I want to take time to thank you, the voting public, for permission to trap here in Montana. Thank you for allowing trappers to ultilize our renewable natural resource (fur) on both public and private land.

Dennis Schutz
Stevensville

Thanks to Florence Fire Department

Dear Editor,

Florence Fire Department

I am writing this note as a thank you to the Florence volunteer fire department. Yesterday, Wednesday morning, I had an emergency call from my wife. She was frantic. She was speaking at a local meeting when she called me to say that a person at her meeting was having a seizure and in her opinion was dying! I jumped into my car from my place of work and rushed to the place of occurence. Before I could even get out of the front door of my photo studio, I heard many ambulances and fire trucks blazing by.

I arrived at the scene literally in 2-3 minutes and the situation was well in hand with probably 6-8 or more volunteer firepersons, paramedics and so on. It was like something out of the TV show MASH!

The professionalism and excellence shown by these individuals was, to put it bluntly, amazing!

As a parent and a resident of Florence, I couldn’t feel safer in their hands. This isn’t the first time I’ve seen this department in action, but it’s the last time that I will not go on the record and say this publicly.

To the Florence Volunteer Fire Department, thanks and I owe each and every one of you a cup of coffee for a job extremely well done!

Rick Paris
Florence

Pharaoh had a dream

Dear Editor,

Several thousands of years ago, way back in Genesis 41-15, the original saving for a rainy day fable was related. We all know the story of how Joseph foretold from a dream of the Pharaoh’s that there would be seven years of prosperity followed by seven years of famine. In the years of plenty Egypt stored and saved, and when the years of famine came the Egyptians had plenty. They shared with all the countries that had been like the foolish grasshopper. Through the foresight of Joseph, Egypt saved what is today the Mid-east. What a pity.

I read Bob Lake’s tearful tale of how we are going to be short of money in the state treasury, and it looks like a couple of lean years ahead for old Montana. Programs that were started when we were flush will have to be done away with. Education, which has always suffered, will have to suffer more. He gave an estimate of what the treasury had before the two special sessions, and his estimate had a spread of $60,000,000.

I think Bob underestimates the strategy of the governor and the legislature. They really had a saving plan. They put $400 in every homeowner’s pocket. Now the homeowner has to include that $400 in his or her tax return. Let’s say that the tax on the $400 is 15%. That means the treasury is going to get back $60 of those dollars in increased taxes. That should help a little.

The $400 was money the government claimed they had overtaxed the citizens. It was foolish on the part of the government to overestimate its need for money and overtax. Now it needs money. It will have to increase taxes a little, and the homeowners can return the $400 in increased taxes. It is a little complicated but I hope you can see how wise the government has been. The cliche around Helena, in the revenue department, is they are going to call it the last of the $400.

The $400 tax rebate bought a lot of return-me-to-office votes for the incumbents. The raise in taxes will be in the neighborhood of $400 so the citizens will think it is kind of a breakeven proposition. They probably won’t remember the sixty dollars extra they paid in taxes. The net increase to the government will be $460 per homeowner.

Where does that leave us now? Well!!! The government has recovered all of the overtaxed surplus plus an additional $60 dollars. The surplus that was given back to the citizens is back in the hands of the government, and lo and behold, it has increased 15%.

An inside trader could hardly do better on Wall Street.

We started with a fable. Let’s end with one. Cast your bread upon the waters, and it will come back buttered.

John W. Robinson
Corvallis

Wildlife and human health

Dear Editor,

Recently, it has been suggested that a ban on trapping on public lands would ensure the safety of pets. On the contrary, trapping has been beneficial to wildlife and to the public's health by providing disease control. The National Wildlife Federation has recognized a national trend of "anti-hunting, anti-fishing and anti-trapping attitudes."

They worry about the “negative impacts of emotionally based information" that has no basis in scientific fact and could “mislead the public about hunting, fishing and trapping" and their benefits.

According to the Center for Disease Control, "trapping can help in managing animal populations to prevent overpopulation and thus reduce the potential for disease outbreaks." They don't believe that poisoning is better than trapping because it kills non-target species. Trapping, they say, is important “as a tool in disease control." Diseases such as rabies, tularemia, bubonic plague and leptospirosis can be transmitted from wildlife to humans. Sancoptic Mange and Distemper are fatal to dogs and cats and can be transmitted from wildlife.

Under scientific management that incorporates biologically sound regulations and active law enforcement governing trapping, no furbearer or predator population has been eliminated by an annual harvest. Reproductive capacities of animals such as muskrats, beavers, raccoons, mink, fox, coyote, marten, badger, weasel, bobcats and skunks, produce surpluses that ensure winter survival of the population. Wildlife management ensures that only surplus animals are taken by trapping. This is accomplished by an efficient quota system controlled by the Fish, Wildlife and Parks (FWP). This involves a hotline to report species harvest and location. Once the quota is reached then the season is closed. All furbearers on a quota system are then tagged and their skulls are turned into the FWP for scientific analysis.

This system works and provides necessary population control to promote healthy populations by keeping diseases in check. Without it, we would see the negative effects of over-population.

Bert Wustner
Lolo

Zoning protects property values

Dear Editor,

Zoning does not stop growth, it DIRECTS growth where appropriate. Zoning is intended to protect the values that we all cherish. When zoning is developed you have to look at what is important to an area. You have to look at where the traffic will flow and what infrastructure is available. You have to look at how development will affect each neighborhood. Will new development be compatible with what already exists? You need to be concerned about water, septics, wildlife, and the people who currently live in the valley.

We hear quite a bit about private property rights. All of us have them, but the exercise of one person’s property rights may intrude on another’s. We all wish the good neighbor policy was in effect in the valley. However, we all know that you have no control over who may buy the property next door. If they have barking dogs, loud parties, etc, you can call the sheriff. But what do you do if they start building or dividing their land? Do you have anyone to call? With zoning you will have a better idea of what is permitted in your neighborhood. None of us wants to feel that moving is the only answer.

Questions that you may want to reflect on: Is it appropriate for someone to put in a large development miles off the main highway? Is it appropriate for someone to put in a development on a steep hillside, in the middle of a heavily timbered area or in an area with poor water resources? Doesn’t this put a strain on the services that the county taxpayers provide such as roads, emergency services, fire protection etc.? Who stands to gain the most financially from this type of development and who stands to lose?

If we let the valley continue its helter skelter development the value of property in this valley will slowly decrease. Most people want the predictability of zoning. Development can change the value of our existing homes. This is not about private property rights; it is about what is appropriate development on your property. Zoning will protect your property rights.

Candi Jerke
Florence

Thanks from MDA

Dear Editor,

As chairperson of MDA’s Shamrocks Against Dystrophy, I want to take a moment to thank businesses and patrons in the Stevensville area for their generous participation in our 2008 campaign. I’m delighted to say that this year’s fundraising efforts were a great success.

Those little green and gold Shamrocks mobiles sold by local businesses help support MDA’s vital programs of research, health care services, and public education right here in Stevensville and across the country.

On behalf of all the individuals and families coping with muscle-wasting diseases, I send a big warm “thank you” to Stevensville residents  – you’ve certainly put a smile in these Irish eyes!

Maureen McGovern, Chair
Shamrocks Against Dystrophy

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