Temporary boat launch on town property approved
By Michael Howell
When the Stevensville Town Council officially dedicated its river front property as a public park last month, it assured that the issue of accepting a land trade proposal, proffered by the adjacent landowner to resolve his issues concerning public access to the river at the Stevensville bridge, would have to go to a public vote. State law precludes the town council from making the decision and requires a public vote if the land has been dedicated as a park. The motion to place the issue on the November ballot by Councilor Robin Holcomb at last week’s meeting, however, fell flat when none of the other councilors would second it. The motion failed following extensive public comment that was overwhelmingly against accepting the land trade as it has been proposed. Following extensive public comment, the council voted to authorize the mayor to move forward on a plan to establish a temporary boat launching site on the Town’s river property.
First to wade in on the issue was Alec Underwood of the Montana Wildlife Federation. Underwood brought with him a letter signed by 70 individuals from the Bitterroot valley and beyond, including fishermen and recreationists, and some businesses related to the river and tourism, all urging the Town Council to examine other alternatives than the land swap being proposed and work together with Montana Department of Fish, Wildlife and Parks and the public to find another long-term solution to the situation.
Underwood said that the proposed trade did look good to boaters, “but we fully understand the value of the park to the people of Stevensville.” He said they all support a solution that could go forward without a land swap.
Sean O’Brien, a fishing outfitter from Hamilton, said that the issue of the fishing access at the Stevensville bridge was “not a new issue.” He said that during the years of negotiation with the Capps, FWP and the Town should have come up with a Plan B. He said the closure of the boat launching site was going to have a big negative economic impact on the businesses of Stevensville.
“Now that the sky is falling and there is no access, I think you should take a little of the blame,” said O’Brien.
Eddie Olwell, a town resident and a fishing outfitter who has been involved in the situation since the land swap was first offered, said that the biggest problem with the proposal was that it was just unfair. He noted that the Capps, owners of the property where the informal fishing access site has historically been located, have refused a couple of offers to purchase the land and have expressly refused to consider any other option such as an even, acre for acre trade. In his opinion it was not worth putting the proposal to a vote as it stands.
Olwell pointed out that there was a potential site just across the river under public ownership that could be developed as a boat launch and is already being used by some people since the Capps had blocked access on the eastside with a line of concrete barriers.
Olwell also noted that besides having used the currently blockaded boat launch site in his business, he is also an avid user of the town’s park on his days off. He said he thinks people need to appreciate more the aesthetic and cultural values that are involved in, and supported by, public land. He said the town’s mission should be to preserve and protect public land.
“What we have now,” said Olwell, “is just going to become more valuable in the future.”
Former mayor Gene Mim Mack said that he did not see any benefit to the town of Stevensville in the proposed land swap and he didn’t see any reason to put such an unfair deal on the ballot.
“The town is in the position to find a good resolution of the issue,” said Mim Mack. He criticized the Capps for never making a presentation of their proposal to the town. He said as mayor he tried to negotiate with the Capps over the issue for a couple of years but was stymied by the Capps’ insistence on a single option with absolutely no flexibility.
“For something of such public significance to be decided without the participation of the party that initiated the proposal is not acceptable,” said Mim Mack. He urged the council to look at other alternatives. He also criticized the Capps for not ever approaching the town council themselves.
“They have never come to the council, not once,” he said, “It is inappropriate for them not to appear.” He said that the land swap as it is proposed does not meet the scrutiny of state law.
Sharon Ritter spoke up for the value of the north end of the Town’s property, especially for bird habitat. She said the wooded floodplain at the north end of the park was incredibly valuable bird habitat. She said that some Lewis’ Woodpeckers, a species of concern, are nesting in the park. She noted that Roy Capp’s expressed intention of using the eight and half acres of parkland that he would acquire in the exchange as grazing land would lead to the destruction of the shrubs and vegetation that currently support an abundant bird population.
Marilyn Wolff said that she found the concrete barriers placed by the Capps to be “disgusting.”
“I can’t believe it, that he is holding the town hostage like this,” said Wolff.
Another longtime resident, Dick Ellis, said, “I put this land swap deal in the category of highway robbery.”
Dale Burk, speaking for Ravalli County Fish and Wildlife Association, said, “We believe it’s time to quit kicking the can down the road with the Capps and get FWP to pursue another option.” He said that his organization was willing to help in that effort, including some funds if needed.
Mayor Jim Crews noted that placing the issue of the land swap on the next election ballot came up as an agenda item following a recommendation from the Park Board. But former Park Board Chairman, Ray Smith, said that the record would show that the Park Board, while he was chairman, was in favor of pursuing other alternatives.
In the end, Councilor Robin Holcomb moved to place the land swap deal with the Capps on the November ballot, but no other council member would second the motion.
In a separate action the Council gave Mayor Crews the authority to remove some fencing and allow temporary vehicular access into the north area of the park along a dedicated route to the riverbank where a 15-foot-wide temporary boat launch will be dug into the river bank.
Mayor Crews said that he had already made a flood plain permit application for the proposed project. It involves taking out some fencing along the north edge of the parking lot near the existing restroom facility in order to allow vehicles to pass through and drive down to the riverbank.
According to Streets and Alleys Supervisor Ed Sutherlin, the vehicles will drive about 350 feet along the existing pathway to the river to a boat launching site. He said only a couple of small trees and one snag may have to be removed and some ground will have to be removed at the river bank to form a 15-foot-wide slope for launching the boats. A small turn around area on the bank may also be used, but for the most part boat launchers will drive down the bank onto dry cobbled riverbed to turn around.
Mayor Crews said the bank being breached by the boat launch was only three feet high and called the project a “quick and easy solution” to the closure of the existing FAS at the bridge. He said it was needed because he had seen boaters trying to use the undeveloped site on the west side of the river having some trouble on the tall, steep bank. He called it a safety issue.
According to Crews, there should be no insurance problems related to the action as long as no fee for using the boat launch was being charged. He said state law ensures that with or without permission the recreational use of the park and boat launch by the public would not leave the town liable unless there was some sort of willful misconduct on the town’s part, as long as no fee is being charged for the use.
Sutherlin said that the route could be roped off and signed to keep vehicles from wandering off the designated route.
A motion was made to approve the authorization on the condition that it pass legal review and review by MMIA, the Town’s insurer. The motion was amended to included obtaining the flood plain permit as condition of approval as well.
Former mayor Mim Mack expressed concerns about the temporary solution, stating, “There’s no such thing as a temporary road to the river.” He urged the council to consider whatever they do as part of a bigger, longer-term, more permanent solution that takes into consideration all the values of the park and the different uses. If you don’t yet have a big plan, he said, you don’t know that your proposed actions will really fit into it or not.
The council approved authorizing the project on a 4 to 0 vote.