The County Commissioners have cancelled the January 7 meeting scheduled to consider the recently released Environmental Assessment by Morrison-Maierle Inc., that identifies a $10 million airport expansion project at the Hamilton Airport as its “preferred alternative.” The meeting was cancelled following a telephone conference between the Commissioners, Federal Aviation Administration (FAA) Regional Director Dave Stelling in Helena, and Morrison-Maierle engineer Travis Eickman in Bozeman.

Commission Chair Carlotta Grandstaff said that the Commissioners were not prepared to go forward with consideration of an EA that was so obviously flawed. She said that Eickman had stated in the telephone conference that he believed that a previous Commission and the Airport Advisory Board had come up with the preferred alternative and that the EA had been written to support that conclusion. She said that no record of that happening could be found. But Eickman’s statement to that effect raised serious questions about the EA.

“What we have is an EA written to support a certain conclusion,” said Grandstaff. She said that is not the way an EA should be conducted.

Eickman did not respond to a telephone inquiry for comment on Monday.

Both she and Commissioner Greg Chilcott said that the EA should have included an analysis of the most cost effective way to address certain identified safety issues without necessarily expanding the airport and building a new runway.

Two safety violations had been identified by the FAA as needing to be addressed to bring the airport into compliance with current regulations. One was the problem of not having the required 40 feet of separation between the current runway and taxiway. Another is the current penetration of hangars into the 20-foot separation from the taxiway that is also required by regulation.

Stelling said, when contacted by the Bitterroot Star, that the design and various placements of a new and longer runway, the three action alternatives considered in the EA, would address both these safety considerations and accommodate the projected growth in use at the airport over the next 20 years.

Stelling said that the option of simply widening the existing runway was discussed in the beginning but was not really a viable option. He said that even if it addressed the runway/taxiway separation issue it did not address the issue of hangar penetration into the taxiway area.

Could the hangars be moved?

“They could take a look at that, but I don’t think it’s viable,” he said. “Where do you move them to? Where do you get space for more tie downs and more hangars as the use of the airport grows?”

Both Grandstaff and Chilcott said that complicating the situation was a resolution on the books that would require a public vote on any plan to expand the airport. Grandstaff said that she was not inclined to open up a long drawn out public campaign over the issue if it was not really necessary. They both doubted that the public would approve the airport expansion plan at the polls,

“Then we would still be facing these same safety issues,” said Grandstaff. She said that it makes sense to look at possibly addressing the safety issues without expanding the airport and triggering a public vote.

Stelling called that issue “purely political” and said that the FAA was not involved in that aspect of it.

“The commissioners can pass resolutions,” he said. “That’s their choice.” He said that the County is the owner of the airport and would make the final decision concerning its future. He said if they need more information concerning their options at this point that it was understandable.

“It’s their choice,” he said.

Healthy living at Victor Schools

By Jean Schurman

The New Year is a time to set resolutions. For most people, these resolutions usually revolve around weight control and becoming healthier. And for most, by the third week of January, the resolution has gone by the wayside. Victor School recently implemented a wellness program, which will help the students keep these resolutions and maybe even eliminate the need for a New Year’s resolution regarding weight and health in the future.

The Wellness Program was developed in response to the Child Nutrition and WIC Reauthorization Act of 2004, which directs each local school district to develop their own program to meet their own needs. Areas that are addressed are nutrition education, physical activity, and nutrition standards for all foods available on the campus during the school day. The ultimate goal of the program is to promote long-term wellness for the students.

School board member Marci Smith said the board didn’t set out to reinvent the wheel when deciding what needed to be included in the Wellness Program. Instead, members contacted different schools in the area and obtained information on their programs. Victor then modified these to fit Victor’s own circumstances.

Maria Stover is the food service manager at Victor and has played an important part in the development of this program. She said she had already implemented some of the components into the breakfast and lunch programs so it wasn’t really difficult to change the program. Stover also relied on another Victor resident, Valerie Addis, for ideas. Addis is the food service director at Missoula Public Schools. Addis has implemented a similar program in Missoula and made several suggestions for the Victor program.

One of the ultimate goals of the school’s program is to utilize as much locally produced products as possible, according to Smith. Stover uses apples from Sophie’s Orchard in Arlee and Ciders Orchard in Florence, Wheat Montana Prairie Gold flour and other items she can fit into the budget that are grown locally. She follows the Office of Public Instruction nutritional guidelines but feels the portions are too small, so offers seconds.

Most school lunch programs rely solely on commodities but Stover is trying to move away from most of those. She uses shredded cheese, some dried fruits, raw pork and turkey roasts as well as deli turkey and turkey ham. She doesn’t use what some call “mystery meat.” Right now, the cafeteria is not equipped to cook raw meat but a remodel over the Christmas break will alleviate many of those problems.

Most processed foods have been eliminated. Instead, Stover takes USDA recipes and modifies them. Meals include navy bean soup, white chicken chili verde, soups and even a vegetarian meal. A salad bar is available twice a week and even the younger classes get to have this. In addition, meals of whole grain pastas are offered in a variety of ways. She also tries to incorporate beans into a lot of the meals because of their healthful qualities.

Stover says she pays particular attention to the fructose levels in foods and has eliminated most products containing it. One problem she ran into was chocolate milk. Darigold uses fructose instead of sugar to sweeten the chocolate milk and even though they reduced the fat to one percent, they wouldn’t change to sugar. So, for now, until she can locate a different provider, there is no chocolate milk at Victor.

In accordance with the Wellness Program, the school has also done away with candy and pop in the vending machines. Instead, students have a choice of 100 percent fruit juice, water, pretzels, cheese popcorn or beef jerky. Even the concession stands at games have gone healthy – somewhat. Candy and pop are available but so, too, are carrot sticks, fruit and granola bars.

Victor has breakfast for everyone every day. Called a ‘grab and go’ breakfast, students and teachers can grab a muffin bar, milk, or cereal and head to class. This program is done through the USDA and is available because over 55 percent of the student population is at or below poverty level. This meal is available for an hour, so even latecomers can still get the ‘most important meal of the day.’

Stover said she and Addis, along with a few other school nutritionists, are working towards forming a cooperative which will allow districts to pool resources and buy and process their own locally grown foods.

“None of us have the time to do the processing,” she said. “But together we can set specifications and work towards becoming sustainable.”

Victor has longer hours because of the four-day week and so a snack is provided for students in grades K-5. In addition, they have switched the midday recess to before lunch rather than after. Smith says this gives the kids a chance to work off some energy, build up an appetite and it even reduces food wastes.

Food is no longer a reward for good behavior or achievement. Instead, students will be offered extra free time, “Pirate Pennies,” bookmarks and other small items. This reduces the tendency to tie rewards with food. Food can be used, however, to study different cultures and their food.

Students from kindergarten through the tenth grade have to take physical education classes. This includes 50 percent of class time participating in moderate to vigorous physical activity. Other physical activities are encouraged as well. All grade school students are required to have 40-60 minutes a day of supervised recess. This is almost always outside but when inclement weather prevents that, indoor physical activities are recommended.

Victor is participating in the CATCH program which also aids in the Wellness Program. CATCH stands for ‘coordinated approach to child health’ and is a national program. It shows that healthy eating, being physically active, and living a healthy lifestyle can be fun. Many of the indoor physical activities use items from the CATCH program, which is being coordinated through St. Pats Hospital.

One other aspect of wellness, although not directly tied to the Wellness Program, will begin in January. The Victor School will begin the Backpack for Kids Program. This is sponsored through Healthy Families of Montana which recently received a grant of $75,000 for this program.

The teachers will be trained to recognize signs of hunger in all students, from kindergarten through high school. If they recognize a child in need, three days’ worth of food will be provided. This is just the basics, such as peanut butter and crackers, granola bars or milk products that do not need to be refrigerated. All the food is prepackaged by Healthy Families and easily slipped into the backpacks. In most cases, the food should be enough for a small family over the weekend. Since backpacks are required for all students, no one will stand out and confidentiality will be maintained.

“When we went to the four-day week, it bothered all of us that we wouldn’t be able to feed those kids who really need it on Fridays,” said Luanne Bauman, school board clerk. “With this program we can.”

With the Wellness Program now in place, the students in Victor may have to come up with a new resolution in the future. For more information on the program, visit www.victor.k12.mt.us/wellnesspolicy2.pdf.

County grappling with ‘family transfers’

By Michael Howell

County officials are gradually tightening the loophole embedded in state law that allows lots to be created outside the subdivision review process by gifting them to a family member. The transaction is called a “family transfer” and is exempted from subdivision review. It was designed to allow the children of large ranch owners to develop equity in their own home and develop a credit standing, while staying on to continue the family ranching operations. It was a way to help keep succeeding generations at work on the family ranch.

But in high growth counties, like Ravalli County, it can quickly become a way of simply evading subdivision review and the related costs, when those parcels, created by family transfer, are then sold to a third party.

According to Planning Department records, during the two years in which Interim Zoning was in effect, family transfers accounted for two-fifths of the new lots created. The remaining three-fifths were created through the subdivision review process. During that two-year period the county approved 54 subdivisions on 1,778 acres for a total of 585 lots. During the same period a total of 372 lots were created by family transfer.

Back in 2007 Ravalli County Planner Tristan Riddell told the County Commissioners that in his opinion the family transfer mechanism was being abused. He said that as it stood, the law had a big loophole in it, because it was based on the intentions of the landowner to keep the land within the immediate family. He said that it is hard to judge someone’s ‘intentions’. As a result it is very hard to deny a family transfer request. The violation only appears as such when the land is subsequently transferred.

As County Clerk and Recorder Regina Plettenberg, who is charged with recording land transfers, will tell you, “Everyone who comes in to record a family transfer swears that it is not their intention to subdivide and sell to a third party.”

But then it happens. And it may happen for a variety of reasons.

Plettenberg asked the commissioners for guidance, at the time, on how to make the tough decision when someone holding a family transfer parcel comes in seeking to record a subsequent sale to third party.

“If it comes in within a month or two of the family transfer you have to wonder how their intentions would change so quickly,” said Plettenberg. “It’s a red flag.” At other times it is a pattern of behavior and a series of complex exchanges amongst the family members that raises the red flag.

Plettenberg said that it was a big responsibility placed on her shoulders alone to make such determinations and she would appreciate the commissioners’ guidance or their help in making the decision.

As a result of that meeting the Commissioners established a panel to consult with and advise the Clerk on a case-by-case basis in examining requests for subsequent land transfers when the parcel was created by family transfer. It also enshrined in its subdivision regulations the notion of “rebuttable defense”, making it more difficult for anyone to make a subsequent sale within three years of making the original family transfer.

So far, since its creation in June 2007, that panel has reviewed a dozen requests for the subsequent sale of a family transfer tract. The Clerk, following the panel’s recommendation, denied five of them.

“Sometimes it is understandable,” said Plettenberg, “such as the unexpected passing away of a family member.” She said another case approved was the transfer of a parcel back to the family trust when the owner of record was called to an unexpected second tour of duty in Iraq.

Plettenberg explained that it’s not supposed to be something you can do simply because your financial situation has changed and you need to raise money by selling a piece of property.

“In that case you should go through subdivision review. That’s why people subdivide, to make money,” she said.

According to Deputy County Attorney Karen Mahar, however, there is one more recourse for those who have been denied a subsequent transfer by the Clerk and her review panel. That would be an appeal to the Board of County Commissioners for review.

At least one case has been appealed to the Commissioners. In that case the Clerk denied a request for a subsequent land transfer, but the commissioners reversed that decision and allowed it.

Plettenberg said there needed to be consistency in the process and that a precedent was being set. She said that it made sense for the Commissioners to set the precedent and create the policy for making such determinations.

“After all, they are the policymakers, not me,” said Plettenberg.

Star awarded contract to publish county legal notices

In a unanimous vote on December 23, the Board of County Commissioners awarded the Bitterroot Star the contract for publishing legal notices for the 2009 calendar year. Commissioner Alan Thompson was not present. Commissioner Jim Rokosch was held up in traffic and conveyed his intention to vote for awarding the contract to the Star but did not arrive in time to vote. The remaining Commissioners voted 3 to 0 to award the contract to the Star.

The two sealed bids for the contract, from the Ravalli Republic and the Bitterroot Star, were originally opened on December 18.

The Ravalli Republic bid $9 for the first folio (1-100 words) and $7 per folio for each additional insertion. The paper claims an average paid circulation for Monday through Friday of 5,176. It is lower on some days and highest on Wednesday when it is also inserted in the Missoulian.

The Bitterroot Star bid $8 for the first folio and $7 per folio for each additional insertion. The Star claims an average total weekly distribution of 6,221, a combined total of paid and free distribution. The paper is delivered free to every household within the Stevensville town limits and most households within the Hamilton city limits and is free on the stands at more than 100 locations throughout the valley. Paid subscriptions are delivered by mail throughout the rest of the county.

According to unofficial minutes of the meeting, Administrative Assistant Glenda Wiles raised several issues that she thought the Commissioners should consider before awarding the contract. She said that there were differences between a weekly publication and a daily publication that should be considered as well as different requirements for different departments. As a result it was decided to issue a memo to the various county department heads asking for input or comment on the decision. The meeting was continued until Tuesday, December 23 to allow department heads time to respond.

Those responses were “mixed” according to draft minutes of that meeting. Wiles also raised the question of potential scheduling inconveniences for the commissioners if a weekly paper was used to advertise public hearings.

Commissioner Greg Chilcott moved to award the contract to the Bitterroot Star “because it’s the best price.” Grandstaff seconded the motion and, along with Kathleen Driscoll, they all voted in favor of the motion.

Commissioners reset Planning Department priorities

By Michael Howell

The County Commissioners got an update last week from the Planning Department and the Floodplain Administrator.

Planner Tristan Riddell showed the commissioners some graphs indicating a steady rate of decline in subdivision applications being received over the past year. He said that the rate of subdivision exemptions was consistent with past years. He called the current workload “heavy” with 4 final plats, 36 applications at the conditional approval stage, 2 variance proposals, 5 projects in review stage, 18 in sufficiency review, and 2 in elementary review. He said there were 11 pre-applications in the hopper and the very large Aspen Springs proposal still waiting in the wings.

Floodplain administrator Laura Hendrix told the Commissioners that FEMA had identified two streams for detailed flood plain mapping, Eight Mile and Three Mile Creeks, both at the north end of the valley where populations are highest. She said that the new maps were scheduled to be ready in September of 2009, but that the state had been falling behind its deadlines elsewhere and may not meet them here either.

This past year 18 floodplain permit applications had been received plus some holdovers from 2007. She called the numbers consistent with previous years. Five floodplain map amendments were issued. Eight subdivision waiver requests were considered.

Phase I of the LiDAR mapping of the valley was completed. Phase II, from Victor Crossing to south of Skalkaho Creek, was in line for funding and may be started by next fall.

Planning Director John Lavey said that two lawsuits have been rendered moot by the repeal of the Growth Policy and the demise of the countywide zoning process. Two lawsuits over the floodplain remain in the works.

After some discussion of the subject the Commissioners voted unanimously to set new priorities for the Planning Department. Those priorities will now be subdivision review, office administration/customer service, litigation support, update and modernization of subdivision regulations, development of an enforcement officer position, engage in general planning education and outreach, development of Rural and Natural Resources Program, and development of inter-local agreements with municipalities and Missoula County.

Ricketts Road Voluntary Zoning District created

By Michael Howell

On December 23, the Ravalli County Commissioners voted 4 to 0 to create by resolution the Ricketts Road Voluntary Zoning District. The District includes 26 separate land parcels along the road and a petition supporting the creation of the District was signed by about 80 percent of the landowners.

According to unofficial minutes of the meeting, one of the primary restrictions embodied in the proposed zoning district regulations is a prohibition on any new commercial businesses. At least two commercial properties are already established in the district, one owned by Hamilton Players and storage units owned by Mike West. Both of these enterprises would be grandfathered into the district as they exist, but would be prohibited from expanding without successfully navigating a variance procedure outlined in the district’s rules.

Jim Olson, a resident of the district, said that the purpose of the zoning district was primarily to stop any further commercial development in the area.

Mike West, owner of the storage units, said that his participation in the district was not voluntary because he did not want to be in it. He called it zoning at its worst and said it adds to the bad public relations on zoning. He said that Ricketts Road was a busy street making for prime commercial property.

Commissioner Carlotta Grandstaff called it a democratic process and said that she was in favor of citizens being proactive in terms of forming local zoning regulations.

Commissioner Kathleen Driscoll said that she appreciated the effort required of local residents to establish a voluntary zoning district. She said that while it was a busy road, it served to bring commercial business to town and that the river serves as a natural divide between that area and the commercial area of downtown.

Commissioner Jim Rokosch stated that he was in favor of voluntary zoning districts where the neighborhood determines what is acceptable in its own backyard. He called it a “viable tool” for neighborhoods to use that has been provided by the state.

Commissioner Greg Chilcott said that, while legal, he was bothered by the fact that it affects property owners who do not want to be included.

All four of the Commissioners present voted to approve the District.

Page One •	Valley News •	Op/Ed •	Sports •	Calendar •	Classifieds •	Legals •	Links •	About Us •	Back Issues •	Email Us •	Home
©2009 Bitterroot Star This site was Done By Dooney