By Michael Howell
Stevensville School Superintendent Kent Kultgen, delivered an apology to the Stevensville Town Council at its August 8 meeting for not contacting the town about the school’s plan to cut down six large American Elm trees as part of the parking and access improvements in front of the new school buildings on Park Street.
“It was an oversight on my part and I apologize,” said Kultgen.
Councilor Desera Towle noted that the school had consulted an arborist prior to cutting down the trees and questioned Kultgen about that.
Kultgen stated that the school had an arborist come in primarily to look at the “big, big American Elm that we spent a lot of money saving.” He said the school district constantly struggled with the others when the wind would blow down branches.
“The arborist said the trees were nearing the end of their lifespan and a couple needed to be cut down,” said Kultgen. He said that besides saving the big old elm, two smaller diameter elms in the boulevard that were slated for removal were transplanted instead. He said six were cut down.
However, he said it raises the question about what the rules are governing trees on a boulevard in the town limits. He said the school planted the trees in the boulevard and the school had the understanding that it had to take care of trimming them and picking up branches and leaves.
“But when it comes to cutting them down, who is responsible?” he asked.
Kultgen said his research indicated the school owned the property. He said the town owns the street with a 100-foot easement or right-of-way across it.
“So those trees,” he said, “even though planted by us, you still have the right to come in and take them out if you want. You have an easement. But the property where they were cut down is school property.”
Councilor Dan Mullan said that the questions of property ownership and responsibilities needed to be clarified.
“To avoid future problems we need to get certain about who owns what and who is responsible for what.,” said Mullan.
Town Attorney Keithi Worthington stated that if it is a designated public right-of-way then it is the Town’s property. She said the property plat would show if it is a designated public right-of-way or not. She also confirmed that if the school was now wanting to plant trees in the public right-of-way that it would have to get a permit to do so from the town.
Counclior Pat Groninger asked Kultgen if he had a plan for sidewalks and curbs in the boulevard. He said he had concerns due to past events about handicapped or ADA accessibility at street crossings in town.
“We need to be certain, at a minimum, that it is up to code,” said Groninger.
Kultgen said that he would be more than happy to provide copies of the plans.
“I know you will find it’s all up to code,” said Kultgen. “Your engineer is our engineer. We are trying to tie it all together with the town’s water project and curbs and ADA compliance and crosswalks and the list goes on.” He said he was confident in the engineering company.
In regular business the Council approved a new list of Resident Project Representatives on the Water Project that include Donnie Ramer, Mike Whelehon, Andy Medford, Briant Jacobs and Mathew Smith.
The Council also discussed a potential change order with the contractor laying the water main down Park Street to pave the whole street upon completion rather than simply paving over the trench as the contract now calls for.
Andy Medford of PCI, the town’s engineering company on the Water Project, said that he understands the town wants the entire street paved from 5th Street to Phillips instead of just having the trench patched over, but Rural Development will not allow funds for the Water Project to be used for the extra paving. Medford said that the Army Corps of Engineers, on the other hand, would allow the town to use a portion of the ACE funds for the project on the pavement. He said the pavement project was estimated to cost up to $48,000. ACE would provide 75 percent and the town would have to contribute the other 25 percent, or about $12,000 out of its gas tax funds.
The council indicated that it was interested in pursuing the option but would need hard numbers based on accurate figures to consider going forward. Medford said that he would supply the council with the information they need along with a request for a change order to consider.
The council also agreed to have the Mayor apply for a well field electricity permit with NorthWestern Energy.
Town engineer from HDR Engineering, Craig Caprara, gave the Council an update on the budget for the town’s Sewer Project. All aspects of the engineering gudget for the project were within budget lines except the Project Representative services which was in the hole $5,600. Caprara asked for and received council approval to add $20,772.50 to that line item of the budget out of project contingency funds. He explained that the overall project contract came in significantly below budget at $887,213. As a result the project’s contingency fund started out at $182,000.
According to Caprara, about $10,000 was already approved on the first three change orders in the project. Another change order request for $66,392.66 is pending. If approved the contingency fund would be left at about $84,609.97. The council unanimously approved the $20,772.50 for additional services.
Anyone interested in getting up to date information about the water and sewer projects is encouraged to attend the Utility Committee meeting and the Committee of the Whole meeting Wednesday evening at 6 p.m. at Town Hall.
The Council heard from Shaun Shea of Morrison-Maierle about bids for the pavement improvement project at the airport. The Council unanimously approved awarding the contract to Z & Z Seal Coating for $98,334.31. It was the only qualifying bid of three and came in at 4 and one half percent below the engineer’s estimate.
The Council gave Airport Manager Don Misevic the go ahead to turn in a grant application from the FAA to the Mayor for signing as soon as the application is received. The Mayor was authorized in advance to sign it for a fast turnaround. The grant would be for $127,617. The town will have to cover the additional $6,717.31 of the total cost of the $134,334.31 project.
The council also approved a transfer of excess FAA funds totaling $36,566 to the Lewistown Airport as part of a FAA effort to distribute aviation funds to the most worthwhile projects.
In other business the council agreed to fill in some holes left in the ground following removal of trees at a town residence. Councilor Groninger urged the council to at least fill in the holes if they weren’t going to fix the sidewalk because it was a hazard the town had created.
The issue of the town’s decrepit sidewalk situation was to be placed on the agenda of a Committee of the Whole meeting for discussion.