Volume XXI, Number 15

Wednesday, November 16, 2005

Page One News at a Glance

Refuge employees assist in hurricane relief efforts

Election Results

Christmas Share Tree tradition continues

Stevi Council shoots down PUD proposal

Refuge employees assist in hurricane relief efforts

Two employees of the Lee Metcalf National Wildlife Refuge have been in New Orleans recently helping with the hurricane relief effort.

On September 10, David Bonham, refuge law enforcement officer at Lee Metcalf NWR, traveled to New Orleans along with nine other National Wildlife Refuge law enforcement officers from the Montana. Their mission was to lend boat and force support for the initial Search and Rescue effort. They were gone 10 days and came back only because the water level was dropping so rapidly that it was too difficult to maneuver the boats around the buildings. They were able to witness the devastation first hand and were able to come to the rescue of a local resident by helping him remove his furniture from his water-soaked home.

On October 16, Cal Henry, head of maintenance at Lee Metcalf NWR, along with a group of about 20 federal employees, reported to Keesler Air Force Base in Biloxi, Mississippi for a month of service. They have been working under the Corps of Engineers performing building inspections, mostly on roofs, putting in 12-hour days. Because of the nature of the work, all employees were required to have safety equipment including special boots with steel toes and steel shanks for puncture protection, hardhats, and safety goggles. Some of the potential safety and health hazards included standing water, molds, insects, snakes, collapsing materials, carbon monoxide poisoning, and electrical hazards. Cal has been involved in many different details during his 45-plus years as part of the U.S. Fish and Wildlife Service, but this trip, seeing the devastation firsthand, could very well be the most challenging.

Election Results

According to unofficial ballot results released by the Ravalli County Clerk and Recorder and Election Administrator Nedra Taylor, the Ravalli County Sheriff's Levy was defeated at the polls on November 8. On the other hand, every cemetery and park district and associated levy on the ballot was approved by the voters living within each district.

SHERIFF'S OFFICE LEVY
Sixteen percent of the 22,135 eligible voters in the county turned out to give a thumbs up or thumbs down to the Ravalli County Sheriff's Office Levy. The levy was designed to raise $850,000 annually in perpetuity. Voters sank the proposal by a vote of 1,944 against to 1,662 votes in favor.

PARK DISTRICTS
The formation of the Stevensville West Park District was approved by a vote of 23 to 4. The associated .5 mill levy to raise $39.50 per year for operation expenses was approved by the same numbers, 23 in favor with 4 against. Figures supplied by Election Administrator Regina Wilson indicate a 68 percent voter turn out.

CEMETERY DISTRICTS
Voters in the Three Mile Rural Fire District approved the formation of the Sunnyside Cemetery District with the same boundary lines by a vote of 206 to 51. A few voters who approved the formation of the cemetery district did not approve the corresponding levy. The levy was still approved by a hefty 194 votes to 66 votes against. The levy for the district is 1.78 mills and estimated to raise $7,985 per year for operation and maintenance of the cemetery. With a total of 263 votes tallied the voter turnout was about 13 percent.

The formation of the Corvallis Cemetery District, and the associated levy of .55 mills designed to raise $4,972 per year, were both overwhelmingly approved. The Cemetery District, the boundaries of which coincide with the Corvallis Rural Fire District, was approved by a vote of 497 to 98 votes against. The levy passed by a vote of 479 for to 115 votes against. Voter turnout was estimated at 17 percent.

STEVENSVILLE MUNICIPAL ELECTIONS
Stevensville voters rejected an ordinance to license and regulate sexually oriented businesses and limiting the areas within which such businesses could be located. The ballot measure, placed on the ballot by petition, was defeated by a vote of 209 against and 186 in favor.

Incumbent Mayor Bill Meisner was reelected, garnering 133 votes. He defeated Lee Burkhardt Sr. who received 57 votes. In the only other contested race, for an unexpired term in Ward 1, Susan Evans defeated Gene Mim Mack by a vote of 118 to 59. Paul Ludington, running unopposed for another term in Ward 1, garnered 147 votes. Tom Brown, running unopposed to retain his seat in Ward 2, garnered 161 votes. Voter turnout in the Stevensville Municipal elections was calculated to be 48 percent.

HAMILTON MUNICIPAL ELECTIONS
Hamilton voters approved one amendment to the existing plan of city government to provide that the Mayor may appoint and remove all employees of the city government with the approval of a majority of the City Council. The measure was approved by a vote of 367 to 302 votes for keeping the existing plan in which the Mayor has authority to appoint, with the consent of a majority of the council, all department heads, to remove all department heads and to appoint and to remove all other city employees.

Two other ballot measures aimed at changing the existing form of government failed. By a vote of 360 to 312 voters decided to keep the existing plan of government where the presiding officer of the City Council is the Mayor (who shall decide all tie votes of the council, but shall have no other vote). The electorate rejected the alternative change of plan to make the chairman of the City Council the presiding officer. By a vote of 342 to 329 the voters decided to keep the existing plan that calls for six members elected from three wards for staggered four-year terms. The defeated alternative would have increased the number of council members to seven with the seventh member elected at large for only a two-year term.

In a close three-way race for Mayor, Jessica Randazzo with 283 votes beat out incumbent Joe Petrusaitis with 201 votes and Robert Sutherland with 215 votes.

In another three-way race for a Council seat in Ward 2, Nancy Joy Hendrickson, who garnered 142 votes, won over incumbent Dayle Anderson at 119, and David Snell at 44 votes respectively.

Incumbent Councilman Jerry Steele retained his Ward 3 seat in a close race against challenger Bob Frost. Steele beat Frost by a vote of 184 to 173.

In the race for the unexpired term in Ward 3, DeAnne Harbaugh beat Ben Bernatz by a vote of 211 to 143.

1,167 voters turned out at the polls, which is 56 percent of the registered voters.

DARBY MUNICIPAL ELECTIONS
In Darby, 32 percent of eligible voters turned out to vote in municipal elections in which every candidate ran unopposed. Incumbent Mayor Rick Scheele received 104 votes and is now Mayor-elect for another term. David ³Bud² Hall received 67 votes for a four-year term as Ward 1 Councilman. In Ward 2 Carol Marshal received 36 votes for a four-year term and Lisa Poe received 37 votes for an unexpired term.

PINESDALE MUNICIPAL ELECTIONS
Lyman Jessop was elected with 84 votes running unopposed for a four-year term as Selectman.

Christmas Share Tree tradition continues

By Michael Howell

The Stevensville Christmas Share Tree program, traditionally conducted by Pantry Partners, will, starting in the 2005 holiday season, be conducted by Acts of Kindness, a local non-profit organization which provides help for individuals and families in need. The intent of the Christmas Share Tree program is to provide children of families with financial needs with clothing items such as socks and underwear, shirt and pants, or some other special items.

Last year, over 400 children from about 250 families received gifts from the people of Stevensville. But Pantry Partners decided that it had too many related projects going at once and sought help from any organization willing to take over the Christmas Share Tree program. Acts of Kindness directors Jim and Leah Duke decided to take on the challenge. Their efforts will be coordinated with the ongoing efforts of Pantry Partners to deliver Christmas food box gifts, as well as Toys for Tots and the Used Toy Drive.

The tradition involves placing tags on a Christmas tree with the age ,sex, and size of the gift recipient as well as some indication of what the child needs most. Then members of the community take the tags off the tree and provide a gift, preferably of two items of clothing, that will be wrapped and given to the children for Christmas. This year Share Trees will be placed at Farmers State Bank on the south end of town, at Rocky Mountain Bank in the center of town, and at Ravalli County Bank at the Super 1 grocery store on the highway. Some local churches are also sponsoring their own trees.

"When we read the repeated pleas from Pantry Partners for someone to take over this project, we listened to the tugging on our hearts and stepped up to make sure that this outreach to the community was not abandoned," said Acts of Kindness director Leah Duke.

Duke said that volunteers are needed to help wrap the presents and prepare them for delivery. Wrapping of presents will take place on Saturday, December 10, and Saturday, December 17 from 10 a.m. to 2 p.m. at Jesus Community Church, 318 College Street at the activity center building in back. Distribution will be the same day as the Pantry Partners Christmas Food Box distribution, on Tuesday, December 20. Families can pick up their gifts at the same time.

Anyone with further questions or who is willing to help may contact the Dukes at 777-1135.

Stevi Council shoots down PUD proposal

By Michael Howell

At Monday's Stevensville Town Council meeting, using a transcript from a tape recording of the Council's previous meeting, Councilman Gene Mim Mack amended the minutes to show that the Planned Unit Development proposed by former mayor Pat Groninger was not approved at that meeting. The motion was simply to limit the conditions being considered for approval of the PUD to the nine that had been under discussion, postponing any adoption of conditions until the next council meeting.

After some discussion about the status of the open space areas that would be created in the development, and some questions about the amount of insurance to be required, some required easements across neighboring property and details of the fence setback requirements, Mim Mack stated that he did not believe that the conditions as formulated would meet his concerns about density and open space. Mim Mack said that the proposed density was not in keeping with surrounding neighborhoods. He also did not think the open space described really met the requirements for a PUD.

Mim Mack moved to "disapprove" the proposed development. He and Tom Brown voted to deny the subdivision proposal and councilmen Bob Summers and Paul Ludington voted against denial.

"If you can't sell it to the Council," said Mayor Bill Meisner, "I'm not going to approve it." The mayor casts a vote in tie situations. Then he made note that a negative motion was not really appropriate, and that if a councilperson did not want to approve the subdivision he or she could simply make no motion and the project would die due to lack of a motion.

In response Ludington made a motion to approve the subdivision.

"This may be an opportunity for the town to try something different," said Ludington.

Ludington's motion died without a vote, however, because it failed to be seconded.

Groninger expressed bewilderment and frustration at the council's action or, more accurately, lack of action.

"When I left last time, I understood my subdivision was passed with nine conditions," said Groninger. "Did I totally misunderstand?"

Meisner reminded Groninger of the change in the minutes made according to the transcript of the tape which clarified that the subdivision was never approved.

"Is this over?" asked Groninger. "What is my next step?"

Mim Mack read from the code book that a Council decision could be challenged within 30 days by filing in District Court.

In other business the Council agreed unanimously to allow Selway Corporation to connect to the Town's sewer following the failure of the company's septic system. In return, the Corporation has agreed not to contest annexation into the town.

The Council also agreed on a three-to-one vote to approve the recommendation from the Community Development Block Grant (CDBG) committee to approve a $5,000 grant to the Stevensville Main Street Association. But some question was raised following the vote concerning potential conflicts of interest since two council members who voted also serve on the Main Street Board of Directors. Mayor Meisner said that he was going to hold off signing any check until legal counsel could render an opinion about the legality of the vote.

The Council voted at its last meeting to sign a $5,000 contract similar to the preceding year's contract for services with the Stevensville Main Street Association. That decision was clouded, however, by claims from Town Attorney Bob Brown that it was illegal to make a new contract for the same services. He denied ever recommending approval of the contract and said that he had not even read some of the language being included.

There was some confusion as to what documents he was looking at and the result was that he would review the matter and offer an opinion about the contract at the next meeting.

In another matter, Art Graham, an attorney working for the Town on subdivision matters, told the council that state law governing subdivision review had changed in the last legislature. He said the law establishes a 60-day time limit for the Town to process subdivision applications. He said that it was important for the Town to establish a process for determining when a developer's application is complete and contains all the required information. The timeline would begin at that point and a date would be set for the Council to hold a public hearing within the time limit. The Planning and Zoning Board would then be required to finish its review of the application and make a recommendation to the Council before the Public Hearing was held. He said that consultation with department heads was also required and submitted a flow chart of the proposed process for the Council to use. He suggested that the Council agree to follow the new process as an accommodation to the change in state law. He said it could be adopted into the City Code at a later date. The Council voted unanimously to adopt the flow chart.

The Council also agreed to send a letter to the Ravalli County Planning Board in support of a subdivision outside the Town limits. Gary Burgett, the developer, provided a new plat to show that he had included the conditions that the Town wanted on the plat. A motion to send the letter was approved unanimously.

The Council heard a complaint from developer Ric Bean about his building permit being being withdrawn and a stop work order issued.

"I still don't know why I was stopped," he said, "except to meet some silly set back rule that doesn't exist." He said that other homes in the area were in the same predicament but were not stopped from continuing work.

The City Building Inspector told the Council that the building permit was suspended over safety considerations that had to do with the size of the driveway. Any car parked in the driveway would create a safety hazard by blocking the sidewalk, he explained.

Bean said that other homes along the street were the same as his and that he felt like he was being singled out.

The Council took under advisement some recommended changes in the fee schedule used in the subdivision application process. The proposed changes, submitted by Mim Mack, will be reviewed by department heads and possibly go before a Public Hearing on January 9, 2006.

The council also heard some continuing complaints from the Creekside Homeowners Association about the low water pressure in the subdivision. Mayor Meisner said that the Town was still waiting on the final results of a study being conducted by Professional Consultants Inc. in order to address the problem.

Theresa Blazicevich, director of the Ravalli County Environmental Health Department, told the Council that the county was considering establishing a Water Quality District. It would be an area with definite boundaries within which efforts would be made to protect, preserve and improve the quality of groundwater and surface water.

The aim of the Water Quality District would be to develop a program designed achieve that goal. Cornerstones of the program are public education on preventing water pollution, providing local hydrology expertise for district residents, collecting and centralizing existing water quality data, conducting water monitoring to assess and prioritize water quality issues, and promoting proper management of potential water pollutants.

Blazicevich said that establishing a Water Quality District would help in facilitating the procurement of grants for water quality protection efforts in the area. She said that the effort to form a countywide district was just beginning and that the Town should consider whether it would like to be a part of it or not. For more information about the proposal people may contact her office at 375-6268.

"I think we are growing fast enough that it is something we should begin worrying about," said Blazicevich, "and a Water Quality District is the best way to protect it."

The Council also approved a $1,325 expense to procure an up-to-date aerial photo of the town.