If you ask the experts that are familiar with rivers across the state, they will tell you that the Bitterroot River is unique in a number of ways, but one of the most obvious differences is how much this river wanders across the valley bottom, especially in the lower portions between Hamilton and Stevensville. The result is that from year to year a person hardly knows where the river will be and for some homeowners who have built close to the river it can be a shocking turn of affairs.

As a result of this braided and unstable pattern the Bitterroot Conservation District (BCD), the voluntary board that issues 310 Permits for work being done on the bed and banks of natural streams and rivers, issues dozens and dozens of permits for bank stabilization work every summer to property owners intent upon holding the river in place to protect their homes and farmland.

One of the traditional ways that a landowner tries to stabilize the banks of a stream or river is to haul in large rocks to armor the bank and keep it from eroding, generally called riprap.

FWP fisheries biologist for the Bitterroot, Chris Clancy, said that a not too recent study by the department estimated that close to twelve and a half percent of the banks along the Bitterroot River had undergone some sort of bank stabilization work. Clancy said that on a float trip this summer from Blodgett Park to Bell Crossing Bridge, although he didn’t specifically quantify it at the time, he would estimate that about 25 percent of the riverbank had some sort of stabilization work done on it over the years.

There is more than one way to stabilize an eroding river bank, however, and in recent years the BCD, as well as other agencies, have been discouraging the use of riprap in favor of “softer” methods. These softer methods could include placing of root wads from large trees along the bank, the use of logs and other debris from the river bottom to absorb and divert the flows, and the use of synthetic mats and the planting of vegetation.

“Sometimes riprap is the only solution for a specific situation,” said Tom Ruffatto, chairman of the BCD. “But we try to discourage it and offer the landowners information about alternative methods.”

Ruffatto believes the Conservation District plays an important role in educating landowners. He points to a classic failure by one subdivision developer along the river north of Stevensville. In an apparent attempt to avoid the permitting process, the landowner dug a trench some distance back from the river bank and filled it with large rocks. The idea, apparently, was to let the river continue eroding the bank until it hit the rock wall. The river did continue eroding the bank but when it reached the buried rock wall it didn’t stop. It began dismantling the rock wall and dropping the large stones into the river.

Ruffatto said that, by consulting with the BCD, landowners can possibly save themselves a lot of wasted effort and get more productive results.

Almost every agency involved in permitting activity in and along our rivers is now leaning towards the use of softer methods for a variety of reasons and this summer a group of experts from various agencies took a float from Hamilton to Victor to assess the success and failure rate of the various methods that have been used along the Bitterroot River. Clancy, from FWP, was joined by the Tod Tillinger of the Army Corps of Engineers, Jeff Ryan from the Department of Environmental Quality, Eric Anderson, the Ravalli County Floodplain Administrator, and Dan Brewer from US Fish and Wildlife Service. All these agencies have a stake in projects that may affect the river in one way or another and each issues a permit for work in the river.

Clancy called the results of the survey “decidedly mixed.” He said that a number of riprap projects they observed were still holding up, but a number of others were not and some were total failures. On the other hand, the four major “soft method” projects located along that stretch of river weren’t faring any better, in fact, “as a general rule they were not working as well.” Clancy said that one of the four was looking good, but the three others had sustained damage, one was almost gone, the other two had some vegetation washed away and were showing signs of further erosion.

Clancy said from the point of view of the fishery it was clear that softer methods were better on small streams and riprapping creek banks was not that good for the fishery. However, in the river, the effects of riprap on fish were not as clearly deleterious. He said fish found the rocky habitat useful, although it could suffer from some lack of insects and invertebrates that a vegetated bank would support. Clancy said that in his opinion, from the river’s standpoint, the softer methods were still preferable to riprap. If they fail, then the trees and vegetation that are washed away are incorporated into the river’s natural system. But when riprap fails it can create a serious hazard with large boulders that may create a danger for floaters. Another unwanted result observed by Clancy is when the river moves away from a site, leaving a large rock wall in the floodplain.

County Floodplain Administrator Eric Anderson also likes to see softer methods used along the river. Floodplain regulations make it illegal to haul material, like riprap, into the floodplain. It can create a problem with flooding by displacing floodwaters in one area and thus creating a hazard in another area downstream. Softer methods can involve using materials already in the floodplain and repositioning them to protect the bank.

Tod Tillinger of the Army Corps of Engineers (ACE) said that his agency has authority under the Clean Water Act to protect the river’s integrity.

“We have to balance the need for the project against the integrity of the river,” said Tillinger.

He said the purpose of the project is weighed against the impacts on the river and the project is required to avoid or minimize all impacts. Tillinger said that this tends to lead to the implementation of “softer” methods of bank stabilization than riprap, because of the lower impact.

Tillinger also said that the agency had a mitigation procedure in which landowners undertake other projects in the watershed that would benefit the river to offset the negative impacts of their particular project.

“The Bitterroot River is incredibly diverse, incredibly dynamic, and incredibly complex, “ said Tillinger. He said all this makes for a very rich, diverse and changing habitat in the river bottom, one which a variety of fish and game find attractive, but which human neighbors can find to be difficult.

“We do the best we can to balance these interests,” said FWP’s Clancy. He said there is nothing inherently bad about eroding riverbanks. It is part of the natural process. He said one answer that is being explored by FWP is a channel migration easement program that would compensate landowners who are willing to let the river take away some of their land

for the sake of a naturally functioning system.

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Hamilton City Council notes

By Michael Howell

LETTER OF CREDIT REDUCED

The Hamilton City Council agreed to reduce the Letter of Credit related to the Council on Aging senior housing development from $330,000 to $56,000 as most of the work requiring the security agreement has now been completed. According to Dennis Stranger, Special Projects Director for the City, the $56,000 in security is still needed to meet the requirements of securing 25 percent in excess of estimated costs for the sidewalks and irrigation system that have yet to be installed as well as 10 percent of estimated construction costs for the project. The Letter of Credit will be extended to 2012 for the remaining $56,000.

WATER USER FEES REVERSED AND BILLING PROCEDURE CORRECTED

The City Council took steps to correct an 18-year-old billing error last week, by reversing charges totaling $1,323.06 in base rate water usage fees plus accrued interest that was being erroneously billed to James and Virginia Simmons since 1982.

When the Simmonses bought their place the residence was already hooked to the City sewer but was not connected to the City water system. In 1982 they began to receive a water bill even though their residence was supplied by its own private well. Private wells were grandfathered into the system by ordinance with water fees exempted so long as the well was not cross connected with the city water lines, and this well wasn’t. Past efforts by the Simmonses to get the billing corrected were not successful. But last week the Council decided unanimously to reverse the charges and to cease the billing.

IN OTHER BUSINESS THE COUNCIL:

- amended the subdivision plat for the Calderwood Professional Lots to change the point of access for one of the lots. Originally Lots A2 and A3 shared a common access point off of Pine Street. The amendment allows Lot A2 to access off of 10th Street instead.

- rescheduled the first regular council meeting in November to November 3 at 7 p.m. due to Election Day.

- read a letter from Habitat for Humanity requesting a waiver or reduction in the city fees related to Phase II of the home construction project on Cherry Street. The fees, including water line connection fees, impact fees, building permit and plumbing permit fees, total $17,316. The item was not on the meeting’s agenda and was not addressed.

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Stevi extends temporary prohibition on medical marijuana businesses

By Michael Howell

Last March 22, 2010 the Stevensville Town Council adopted an Interim Zoning Ordinance prohibiting the opening or operation of any establishment that grows, sells or distributes medical marijuana in town or within one mile of the Town limits. The Interim Ordinance, effective for six months, also directed the Planning and Zoning Board to devise zoning or regulations to govern such establishments in the meantime.

At a public hearing held on October 12, the Council heard public comment on a proposal to extend the interim zoning prohibition for another year.

Town Planner Ben Longbottom told the Council that six months had not been enough time to devise any new regulations. He also noted that the legislature was going to take up the Medical Marijuana law, passed by citizen initiative in 2004, and probably make substantial changes to the law in the 2011 session this winter. He said it made sense to wait and see what the law looks like after the legislators get through with their changes rather than crafting their own regulations now and then having to change them when the law was changed. The Planning and Zoning Board recommended extending the current Interim Zoning prohibition for another year.

Lon Morgan, owner of a Main Street building the formerly houses the Buffalo Jump Gallery, spoke against granting the extension. Morgan said that he worked as a tree faller and operated a framing shop and art gallery. He said both businesses were struggling in the current economy. As a result, he said, he has started a medical marijuana growing operation in Missoula. He said that he would like to open a grow operation or a dispensary in Stevensville in his gallery building.

Morgan said that he knows that a certain criminal element that was involved with marijuana illegally before the medical marijuana law was passed has moved into the new business, trying to use it as a “get out of jail free card.” But Morgan said that he was a legitimate businessman. He said he was a licensed care giver and runs a legitimate grow operation in Missoula, but he is not a patient and does not smoke marijuana himself.

He said that he was interested in offering a legitimate service for people who need this type of pain relief.

“We have two attorneys working for us. We don’t want to go to jail,” said Morgan.

Morgan said that the medical marijuana industry was here to stay and he was prepared to use the building as a grow operation.

“Or if you do not want grow operations in town, we could just open a dispensary using the product we grow in Missoula. We could go either way,” he said. He said he did not want to see another empty building on Main Street.

John Felton also commented, saying that if it’s legal in the state then local businesses should be given the opportunity to thrive.

“If the state says it’s O.K., then shouldn’t the Town align itself with the state before we align with the feds?” he asked.

No other comments were heard at the public hearing.

At the regular Town Council meeting later that evening, Longbottom reiterated the recommendation of the Planning and Zoning Board to extend the prohibition for a year.

Town Attorney Keithi Worthington also mentioned the potential changes in the law at the legislature and said, “It’s probably best for us as a small town to sit back and wait and see what they do.”

With no comment from the Council, the one-year extension of the prohibition was approved unanimously.

MOVE TO CHANGE PAYMENT OF CLAIMS SHEDULE DIES

A motion to change the schedule for paying claims to vendors from bi-weekly, as is the current practice, to monthly died due to lack of a second. A subsequent motion to make the change to monthly payment of claims at the first of the year failed on a tie vote.

Town Clerk Roni Kimp expressed some concerns with monthly payments. She said it was easier on the cash flow situation to make smaller payments twice a week than to make large payments monthly. She mentioned in relation to the cash flow crunch that the Town has only received nine percent of its tax revenue, which is relayed to the Town by the County Treasurer, when it should be at 25 percent. She said the last check from the County was for $7,900 and didn’t cover payroll.

Councilor Dan Mullan said that most every school and large company that he was aware of paid claims on a monthly basis. He said that’s what he prefers.

Councilor Robin Holcomb said it could not be done immediately but would have to be phased in.

Councilor Pat Groninger agreed, suggesting that with lots of notice it could be implemented at the first of the year.

Town Planner Ben Longbottom said that payments were once made on a monthly basis but it led to some late fees being charged by vendors who bill immediately upon completion.

Councilor Desera Towle questioned what the benefits of paying monthly were. She said the current bi-weekly payment schedule was working.

Holcomb said that she could see benefits both ways but was now leaning towards the status quo, saying, “Let’s leave it the way it is. Don’t touch it.”

Mullan said that problems could be worked out with individual vendors and paying monthly made more sense, but his motion to change to monthly payments failed due to lack of a second.

Groninger moved that the change be instituted on January 1 but that failed on a 2 to 2 vote with Holcomb and Towle voting against. Since the Mayor was absent and Groninger was serving as acting mayor the tie could not be broken.

RESIDENTIAL OR COMMERCIAL?

Scott Moosman told the council that when he and his wife purchased the house at 415 Main Street they had every intention of using it as a residence. He said that when he inquired with the Town authorities he was told that the residence, although in a commercial zone, was “grandfathered in as a residence, unless it burnt down.” He said subsequently he bought the home and invested about $20,000 in improvements to the house to use as a residence.

“I didn’t have a problem until I went to turn the water on,” he said. That’s when the question arose. Is it commercial or residential?

Town Planner Ben Longbottom related the history of the property stating that a past owner of the property, in November 2005, split the house off from the two rental properties in the rear with certain conditions. One of those conditions was that the house up front would no longer be used as a residence and the property would come under the Town’s C-1 commercial zoning designation.

“Unfortunately,” said Longbottom, “no one has ever seen a signed copy of this agreement.”

But Longbottom also pointed out another problem. The Town’s zoning codes state that a non-conforming use could not be continued if abandoned for 12 months. He said the house in question had not been lived in for three years.

Longbottom said that he would go to the office of the County Clerk and Recorder and look at the plat and the deed to the property. He said that the mayor should have signed off on the matter and had it placed on the deed.

Attorney Worthington said that the issue was an administrative matter and should be handled by the Mayor in consultation with the Planning and Zoning Board. She said that once that determination is made, if the owner of the property is not satisfied it may be appealed and he could seek a variance to the zoning if he wished. That request, she said, would be heard before the Board of Adjustments, which in this case is the Mayor and the town council.

The matter was postponed and referred to the Mayor who was expected back in town the following day.

TOWN TO SEEK APPRAISALS FOR ALTERNATIVE WELL-FIELD SITES

The Council gave consultant Andy Medford of PCI the nod to go ahead and work with the Mayor in obtaining appraisals for the purchase of an alternative well-field site.

The Town has been promised a free well field by the developer of the Twin Creeks subdivision, John Anderson. One condition of approval of his subdivision was that he would donate a well field to the town. Anderson intends to fulfill that condition but has been hesitant to turn over the title to the property until he is sure that all other conditions have been met.

In the meantime, the Town has come under the gun to meet deadline requirements for its grant from Rural Development (RD) for its water system improvement project. As part of that project the Town asked Anderson to increase the size of a water line along one side of his subdivision to accommodate the Town’s flow from the water reservoir. He agreed and installed an oversized pipe at an extra cost of $137,000 that the Town agreed to cover. According to Medford, RD wants to see title to the well field property in the Town’s name by October 31, or at the latest by November 31.

Anderson has asked the Town repeatedly to pay him for what he spent on installing the upsized pipe. Town Attorney Worthington said that she had talked to Anderson and that she thought “there was some opportunity to approach him saying ‘give us the well field and we will pay the upsize costs and we are not going to pay those costs unless you give us the well field’.” She said that the Town upsized only based on getting the well field.

Medford said that the Town has been working on that for a year, but now they had a deadline. Medford said that Anderson took a risk on paying for the upsize and that if he doesn’t file the final plat the town doesn’t need the upsize.

Medford asked if the Council wanted him to work with Anderson or seek an alternative site.

Councilor Mullan said that was interested in obtaining an alternative site. He said Anderson has been slow.

“If we wait on John we could die of old age,” said Mullan. He said if they ended up with a second well field that would be O.K., too, for future use. “We have made it clear,” he said, “we need an alternative site.

The two alternative sites under consideration are on properties owned by the Kellys and the Paulsons.

IN OTHER BUSINESS THE COUNCIL:

- approved cutting down the cottonwood trees at 4th and College. “They are old, ugly, falling, shedding and dangerous,” said Street Superintendent Ed Sutherlin. He said all the property owners were in agreement and had plans to plant replacement trees.

- authorized the Clerk to advertise for a Prosecuting Attorney.

- discussed the make-up of the Airport Board in relation to the resolution creating the Board. The creating resolution called for four members to be appointed by the Mayor. Two were to be Town residents, one out of town, and one council member. Instead, the Board is currently comprised of five members, four appointed by the Mayor (only one from town) and one council member. The matter will be placed on the November 8 agenda.

- rescinded the employee pay and compensation scale because it was not being used.

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Spreadbury pleads guilty in intimidation case

By Michael Howell

Former candidate for Hamilton Mayor, Michael Spreadbury, changed his plea to guilty to charges of intimidation last Friday in the court of Missoula Judge Douglas Harkin.

Spreadbury was charged with felony intimidation following an encounter outside the Bitterroot Public Library with librarian Nansu Roddy. Roddy testified in court that she felt threatened and intimidated by Spreadbury as he urged her to have trespassing charges against him dropped. About a year and a half ago, Spreadbury was upset that the library had refused to display a letter by him addressing the extent of corruption in the county by public officials. He was banned from the library property after that event. When he returned he was charged with trespassing by the Hamilton police. That charge was subsequently dropped.

Spreabury, himself, filed lawsuits against Roddy, Hamilton City Attorney Ken Bell, County Attorney George Corn and Deputy County Attorney Angela Wetzsteon, claiming various violations of his rights. Those cases have also been dismissed by Missoula District Court Judge John Larson.

Spreadbury was facing a maximum of up to 10 years in jail and up to $50,000 in fines if convicted of the charge. As part of a plea agreement he was given a one-year deferred sentence and ordered to have no contact with Roddy.

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Commissioners hold monthly coffee klatch

How would you like to sit down with your County Commissioners over a cup of coffee and simply discuss some of your concerns? You can do just that, once a month, on the third Friday of the month at the County Commissioners meeting room. It’s the same room they do their business in, but the atmosphere is much more relaxed. A few of the Commissioners, like Chairman Greg Chilcott (left) and Jim Rokosch (right) even come out from behind the table that generally separates them from the public to get up close and personal in the talks.

Last Friday Mary Ann Falk (pictured) got a chance to bend the commissioner’s ears over some road problems near where she lives. Her main concern were the huge “chuck holes” located on a road with a blind corner. She said that the county crews hve come by and filled a few of the holes with asphalt, but will leave others unfilled. She also added that simply pouring asphalt into the hole is not the correct way to fix them. She said you need to cut out a clean edge and pack the hole solidly before applying the asphalt.

“It’s a blind curve and people are having to dodge the chuck holes at the last minute by weaving into the other lane. It’s dangerous.,” said Falk.

Commissioner Grandstaff said she was familiar with the area and would make a trip out there to see the situation for herself.

“This is wonderful that I get to talk to you,” said Falk.

Then she gave them a little additional advice about Rickett’s Road. She said the road was recently repaired, but not chip sealed.

“Without chip seal,” said Falk, “the work done will not last through the winter.” She said it will end up being a waste of taxpayer’s money.

Another county resident got some advice on how to proceed with appealing the taxes on her home. She said that she bought the home in January of 2010 paying quite a bit less than the amount being used to compute her taxes.

“The market value to me is what I paid for the house,” she said.

Commissioner Chilcott informed said that with the down turn in the economy and in real estate values a lot of people were finding themselves in a similar situation. He said the only remedy is to make an appeal to the Board of Adjustments. He said although the commissioners appoint the board members it is really a state run operation. He said that there is legislation under consideration that would legalize disclosure of sale prices on property and the commissioners could advocate for it. He said acquisition based taxes instead of appraisal based has never passed the legislature in this state.

A third person got information about how municipal taxes revenues are collected and distributed by the county.

A fourth person learned that the hold up on Middle Burnt Fork Road reconstruction had to do with concerns over wetlands mitigation.

Commission Chairman Greg Chilcott said that the once a month coffee sessions seemed to be popular with the public and the commissioners find them helpful in keeping abreast of citizen’s concerns.

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