Volume XXI, Number 18

Wednesday, December 7, 2005

Page One News at a Glance

Burns vows to halt refuge 'complexing'

USFWS to fund study of car rip rap

Concern brewing over proposed development

Citizens' group presents senator with petition results

Stevi woman honored for AIDS work

County declares Meridian Road a public roadway

Burns vows to halt refuge 'complexing'

By Michael Howell

Senator Conrad Burns has announced that he will oppose the decision by the U.S. Fish and Wildlife Service (USFWS) to combine the administration and supervision of the Lee Metcalf National Wildlife Refuge, at Stevensville, with the Benton Lake National Wildlife Refuge, near Great Falls. The decision, recently announced by USFWS Region 6 officials, would place supervisory and administrative control of the Metcalf Refuge in the hands of Benton Lake Refuge director Dave Gillund. That decision was to become effective on January 1, 2006. But, according to Burns' public relations director James P. Pendleton, Senator Burns is going to see that the decision is rescinded.

Pendleton told the Bitterroot Star in a telephone interview on Monday that Burns was going to oppose the "complexing" of the two refuge systems.

"We feel confident that it will be stopped," said Pendleton.

Pendleton said that Burns had reviewed the management plan that the people of Stevensville came up with and saw that it was based upon sound reasoning. He said that the idea of "complexing" this refuge with the Benton Lake Refuge did not make sense.

"They are two different ecosystems over 200 miles apart," said Pendleton.

He said that, based on this reasoning and after hearing from so many members of the public on the issue, Burns made the decision to stop it.

Steve Barenson, Supervisor of the National Wildlife Refuge system in Montana, Wyoming and Utah, said from his Denver office, two weeks ago, that the change was meant to benefit the Lee Metcalf Refuge. He said that due to a tight budget, salaries had been cut and consequently new hiring to fill vacancies had been frozen. As a result, he said, the Metcalf Refuge was lacking both an assistant manager and a wildlife biologist. He said that by "complexing" the Metcalf Refuge with the Benton Lake Refuge, the assistant manager and the biologist on staff at Benton Lake could now be used by the Metcalf Refuge to its advantage.

Pendleton said that Burns recognizes the needs of the Metcalf Refuge as far as staffing issues go and believes that those needs have to be met. But he does not believe the "complexing" of these two refuges is the right answer.

"He (Burns) thinks that 'complexing' would cause more problems than it would solve," said Pendleton.

The Stevensville Town Council recently moved to write a letter to the Senator and other congressional representatives opposing the decision.

The Friends of the Lee Metcalf National Wildlife Refuge, a volunteer organization working to benefit the Metcalf Refuge, voiced strong and immediate opposition to the decision, which came as a surprise to them and Metcalf Refuge officials when it was announced to Metcalf officials in mid-November.

The Friends of the Lee Metcalf National Wildlife Refuge have scheduled a public comment meeting for Thursday, December 8, at 7:30 p.m. at the Stevensville Main Street Association office at 102 Main Street, to invite public input to the Congressional delegation about the USFWS decision.

Member of the Friends group, Dale Burk, said that if the Congressional delegation really no longer needed convincing, the meeting time could be spent on exploring ways to provide the Metcalf Refuge with the biologist and assistant manager it is in need of.

USFWS to fund study of car rip rap

By Michael Howell

Lee Metcalf National Wildlife Refuge officials told the Bitterroot Star on Monday that the U.S. Fish and Wildlife Service (USFWS) has approved funding for a preliminary study of the present situation involving old car bodies used as rip rap and in the construction of a levee along the banks of the Bitterroot River along the Metcalf Refuge northwestern boundary, to the tune of $35,700. The money would be used to do some water quality tests and soil sampling in the area to determine the nature and extent of any contamination, to map the car bodies and parts along the river, and identify potential responsible parties.

The car bodies were deposited along the bank of the river as a form of rip rap and used in the building of a levee that removed an old ox-bow turn in the river. The old ox-bow is flooded and is used as a pond system in the north part of the refuge. It was done by the Burlington Northern or Northern Pacific Railroad which owned the tracks and a trestle bridge in the area, with government cooperation, from 1959 to 1962.

The Bitterroot Conservation District sponsored an investigation into the situation five years ago, but that movement of concern fizzled out, according to District Chairman Tom Ruffatto, when the railroad company and the refuge manager were reluctant to be involved.

The current movement of concern was instigated by a private citizen, Florence resident Tom Pratt, who saw it as an obvious hazard that needed to be addressed and began contacting every possible government agency that might address the problem. Although no direct evidence of current contamination has been presented, Pratt has demonstrated that at least some of the old car bodies still retain quantities of oil.

Mainly due to Pratt's relentless efforts, the Bitterroot Conservation District has once again taken on the lead role in organizing some response. It was the Conservation District that arranged a site visit last Tuesday, November 29, that was attended by officials from the Department of Natural Resources and Conservation Missoula office, the Army Corps of Engineers Missoula office, the Ravalli County Board of Health, Montana Department of Fish, Wildlife and Parks, Metcalf Refuge, and a representative from Trout Unlimited.

Despite the active funds from USFWS and the planned study, however, Ruffatto said that he was afraid the current effort to address the problem was going to fizzle out just like the first if the railroad company was not going to get involved. He said that the missing party at the site visit was Rail Link, the current owners of the track and right-of-way in the area.

Ruffatto said that a representative of the railroad company, Director of Structures, David Cook, did attend a Conservation District meeting last month. Ruffatto characterized Cook's presentation of Rail Link's point of view as tending towards reaction rather than proaction towards the issue.

"They see the potential for the levee to breech," said Ruffatto, "but their plan is to deal with it when and if it happens." He said that the company's stand is that the car bodies were put in by their predecessors and that it was a legal operation at the time.

Ruffatto feels that without the railroad company's active involvement and support, any funding for a cleanup project will be hard to find.

He said the Bitterroot Water Forum is already looking for grants and FWP officials had mentioned possible funds through the Future Fisheries Program, but that neither seemed likely to materialize without the support and cooperation of the railroad company.

Rail Link's David Cook did not return a phone call from the Bitterroot Star in time for publication.

Metcalf Refuge biological technician Deborah Goslin said that until the study that is currently being funded is completed there is not much anyone can do. The results of this work should yield the information necessary for performing any restoration work in the area. It will identify any areas of contamination and provide an accurate picture of what¹s there, as well as specifying any potential responsible parties. Only then, she said, could any reasonable restoration efforts be devised.

All parties involved to date agree that any kind of clean up in the area will be very expensive and, so far, no one knows where that money might come from.

Concern brewing over proposed development

Community meeting set for December 13 at Lone Rock School

By Michael Howell

The preapplication work being done on a proposed 500-plus-lot development north of Stevensville and adjacent to the Lee Metcalf National Wildlife Refuge, described in last week's Bitterroot Star, has provoked a corresponding preapplication effort by concerned citizens to get involved in the process.

While the developer, prior to triggering the public involvement process by submitting an application to the County Planning Office, has been busy arranging invitation-only meetings with adjacent landowners, and members of the local School Board, Fire District and Park Districts in order to prepare his submittal, a growing number of concerned citizens, who have gotten wind of the project, have been holding their own meetings to discuss their concerns and prepare themselves for the coming public review process.

The developer of the 400-acre site that straddles the Eastside Highway and borders the Metcalf Refuge, Sunnyside Orchards, LLC, has arranged meetings with adjacent landowners and members of the local school, fire and park districts in an effort to fine tune its plans before submitting an application for subdivision to the county. Many of those contacted expressed appreciation that the developer was trying to integrate their concerns into his plans at such an early stage.

Some other landowners in the area, who have not yet been consulted by the developer or his representatives, have become worried that their concerns are not being addressed and have begun holding their own invitation-by-word-of-mouth meetings to discuss them.

To date at least two meetings have been held at the Lone Rock School. According to Jim Rokosch, who lives on Ridge Road overlooking the land proposed for subdivision, over a dozen people attended the first meeting and around 30 people attended the second meeting. He expects a much larger attendance at the next meeting, on Tuesday, December 13, from 7 to 9 p.m. in Lone Rock School cafeteria.

Rokosch said that while some people see the developer's actions as proactive, he sees them as more subversive of the public process. He sees the developer's actions as designed to grease the skids in a way that leaves the general public out.

Rokosch said that the wider community has concerns that are legitimate and also need to be addressed.

"We are concerned about the effects of such a big development on our lifestyle, on our livelihoods, our tax bills, and our children's future," said Rokosch. He said that the ad hoc group was scoping issues and looking for volunteers to do research into them.

"This amounts to the siting of a town," said Rokosch, referring to the number of households being created. He said that the Town of Stevensville has something over 700 homes hooked onto its sewer system. "This is the size of a town," he said.

"The reality is that Lone Rock will need a new school if this happens," he said. He asks rhetorically who will pay for it. He said that the taxpayer was footing the cost of these kinds of developments while the developers are reaping big profits. He wondered how much of those profits were even staying in the state.

Rokosch said that this development was just part of a greater picture that includes the 600-plus-lot development, called Aspen Springs, being proposed in the Eight Mile area. He said that the county is looking at approving subdivisions the size of towns but without the kind of infrastructure and sewage treatment supplied by towns. The cumulative impacts of all this development are not being gauged, he said.

Greg Pape, another resident of the area who looks down on the proposed subdivision from above, said that from his perspective the hills descending steeply into the area hold the proposed subdivision acreage like a pair of cupped hands, forming a small bowl that drains directly into the Metcalf Refuge ponds and the Bitterroot River.

"Dumping the effluent from 500 septics into that bowl doesn't seem like a good development to me," said Pape.

Pape invited anyone from the public concerned about such things to attend the next meeting at Lone Rock.

"It is up to us as citizens to raise these concerns and see if we can really get them addressed," said Pape.

Citizens' group presents senator with petition results

On Wednesday, November 30, Friends of Lolo Peak presented Senator Conrad Burns with the latest results of an ongoing petition drive that has gathered 2500 signatures to date supporting the conservation of Carlton Ridge and Lolo Peak in its current undeveloped state. Gathered throughout the Missoula and Bitterroot Valleys, the signatures represent widespread support for the public lands of the Lolo Peak area that are currently threatened with large-scale development by the Bitterroot Resort.

"The response has been overwhelming," stated Sharon Dill, a volunteer who lives in the Carlton Creek area between Lolo and Florence. "Of the 59 folks who are neighbors of Bitterroot Resort developer Tom Maclay, 50 signed the petition opposing the ski resort. People were clear that they didn't want their community to be the next Aspen or Vail."

The petition's signatures confirm the results of a recent economic study commissioned by the resort that named strong local opposition to be one of the development's chief hurdles. Of the 2500 signatures to date, 2000 are from the Missoula and Bitterroot Valleys. Reasons for opposition vary, including economic, wildlife, recreation and lifestyle concerns.

"My Holden/Carlton family has lived in the Bitterroot Valley 137 years," says Cheryl Holden Rice. "As a child, our kitchen window framed Lolo Peak and Carlton Ridge. I cherish their unmarked beauty and the hikes I share today with my grandchildren. It's a sad day indeed when we even consider giving up the soul of the Bitterroot Valley to the ski industry.²

The petitions were presented to Senator Burns two days before a field hearing held in Missoula to examine the forest plan revision process in Region One. In calling for the hearing, Burns stated that he is "not convinced that the Forest Service is following the multiple-use mandate when it makes critical decisions during the planning process" on new forest plans. The release of the Lolo National Forest draft forest plan has been rescheduled for February 2006.

"The delay is disappointing," said Daphne Herling of Friends of Lolo Peak. "The Forest Service conducted an extensive public input process as required by the new planning regulations. At the public meetings there were people representing many different views and they were all heard. It is always troubling to have an elected official step in to possibly circumvent a successful public process."

Friends of Lolo Peak is a citizens' group of local residents and businesses, hikers, hunters, anglers and skiers dedicated to protecting the outstanding natural integrity, scenic values, and traditional uses of the Lolo Peak area for future generations.

Stevi woman honored for AIDS work

Joyce Mphande-Finn of Stevensville is the recipient of the Governor's World AIDS Day Recognition Award for her efforts in HIV/AIDS prevention work. This annual award goes to individuals throughout Montana that have made a difference in the fight against the HIV epidemic. Mphande-Finn was nominated by Kathy Mackay. The award was given on behalf of the Montana Department of Health and Human Services (DPHHS).

Mphande-Finn currently works as a Clinical Supervisor for Planet Kids (a Supervised Visitation Program under the Missoula YWCA). She also currently contracts with Missoula Partnership Health Center, running support groups for women living with HIV/AIDS and mothers affected by HIV/AIDS. She is a Licensed Clinical Professional Counselor with her own private practice in Missoula. She is currently a member of the Community Planning Groups for both HIV Prevention and Treatment in Montana.

Mphande-Finn, Ed.D, LCPC, has a B.A. in Education from the University of Malawi, a BSc in Business Administration from Berea College, an M.A. in Counseling from University of Montana, and earned a Doctorate in Education with emphasis in Counselor Education and Supervision at the University of Montana. Her dissertation was on rural women's experiences of living with HIV/AIDS. She has worked as a high school teacher, a training coordinator for volunteer organizations in her home country of Malawi, such as Peace Corps, and British Volunteer Organization, Japanese and Canadian volunteer organizations. She worked as a health educator with the World Health Organization in Malawi in the early years of HIV/AIDS.

In the U.S., Mphande-Finn has worked for Planned Parenthood, Blue Mountain Women's Clinic, the Missoula Indian Center as a counselor and educator, and the Missoula Health Department as a community health specialist.

Mphande-Finn received her award on Friday, December 2 at the State Capital Rotunda in Helena. The award was presented by Lieutenant Governor John Bohlinger and Joan Miles, director of DPHHS.

County declares Meridian Road a public roadway

Routine maintenance resumed

By Michael Howell

Faced with complaints and controversy after proposing some road improvements along Meridian Road that raised questions about the county's authority, the County Commissioners suspended maintenance operations on the road. On Monday, however, following the recommendations of County Road and Bridge Supervisor David Ohnstad, the Commissioners resolved that Meridian Road is a county operated public roadway and voted to resume routine roadway operations and maintenance of the road.

Ohnstad also advised the Commissioners to deal with the details of road width easements on a segment by segment basis. He said that, on the whole, the middle of the existing roadway is close to the Section Line that it was intended to follow. He said that areas where it deviated could be considered individually and it could be determined to move them if safety concerns dictated, but that the center line could be adjusted if no safety hazards were implicated.

Ohnstad recommended that the Commissioners validate the existing legal easement width on the section of Meridian Road from Broken Spur Trail to Sheafman Creek Road, either through agreement by those property owners yet to rededicate easements adjacent to their property or through responsible alternative measures, which may include legal action to confirm a sixty-foot prescriptive easement, as evidenced by recorded Certificates of Survey and as demonstrated by historic, physical operation of the roadway.

This would involve collecting recorded survey documents and taking physical measurements and descriptions of existing site conditions for review by the county attorney's office, obtaining confirmation of that opinion through a court action, and possibly, absent a timely and affirmative action of the court, proceeding with the required acquisition of a sixty-foot easement through condemnation.

He recommended that the same process then be applied on the segment of the road from Blair Lane to Bear Creek Road.

Upon confirmation of the sixty-foot easement he recommended regrading and surfacing the road from Blair Lane north to Bear Creek Road, in preparation for the import of recycled asphalt materials from the Highway 93 construction project.

Finally he suggested delivering a request for rededication of easements from Bear Creek Road to Third Avenue, in Victor, and from 6th Avenue to Curlew Orchard Road and then pursuing the acquisition of remaining easements. He said that segments of Meridian Road that could be considered of sufficient scope for future project development include Bear Creek Road to Tushpaw Road, Tushpaw Road to Pistol Lane, Pistol Lane to Dinger Lane, Dinger Lane to Third Avenue, Sixth Avenue to Sweathouse Creek Road, Sweathouse Creek Road to Bell Crossing West, and Bell Crossing West to Curlew Orchard Road.

In a memo to the Commissioners, County Attorney George Corn cleared up a few other questions about county roads. He affirmed that the Commissioners do have the right to maintain roads that have traditionally been maintained "irrespective of the status of the road." He also outlined the procedure for exceeding the historical footprint of a road when making improvements. First, it must be explicitly determined that the improvement will actually require expanding the footprint. If so, research must be done regarding the history of the road to determine the width of the easement.

Then Corn emphasized the need to explain the results to affected property owners before taking any action, stating, "The key here is to publicize the proposed action well before taking it and explain beforehand what and why the action must be taken. Allow the property owners time to examine the documents. Cooperation or even acquiesce (sic) grudgingly is preferable to litigation."

If the easement is not sixty feet, Corn recommends trying to obtain it, first by voluntary agreement, then by Declaratory Judgment and finally by Eminent Domain if the full sixty feet is determined to be a necessity.

The Commissioners adopted the resolution to enact Ohnstad's recommendations which they deemed consistent with the County Attorney's opinion.

The Commissioners also discussed a potential illegal encroachment in the road easement on Bell Crossing by a utility pole and box and two sewer manholes that Ohnstad said certainly constitute a safety hazard. The utilities belong to the Victor Sewer and Water District, which also recognizes it as a hazard as it sits on the edge of the roadway. The Victor Sewer and Water District has agreed to have the utilities moved but wants the county to pay for it.

Ohnstad called it a "clearly unlawful encroachment" and reiterated that his recommendation was for removal but that he would never recommend that the county pay for the removal. He believed that the responsibility belonged to the Victor Sewer and Water District. No action was taken as Commissioner Alan Thompson said, "It looks like we need a legal review of these liability and responsibility issues before we can do anything."

Ohnstad also mentioned that the sale of the county asphalt plant for around $50,000 only awaited the Commissioner's signatures. Ohnstad said the plant was obsolete due to the stringent EPA standards in the U.S. and would cost more than what is feasible to bring up to standard. The plant is being dismantled in preparation for shipment to Mexico where regulations are not so strict.