Commissioner of Political Practices Dennis Unsworth said that the state would soon be filing charges against the Ravalli County Citizens for Free Enterprise for violating Montana’s political practices laws. The organization campaigned to repeal an Interim Zoning ordinance passed by the County Commissioners in 2006 capping retail store sizes at 60,000 square feet.

The cap on store size was passed after Wal-Mart Stores, Inc. had announced plans to build a 154,000-square-foot “Supercenter” north of Hamilton. A group of citizens obtained sufficient signatures to place a measure on the November ballot that would repeal the resolution and a political committee was formed as a ballot issue committee to support passage of the ballot measure. That committee, called Ravalli County Citizens for Free Enterprise (RCCFE), was headed by Dallas Erickson and initially claimed in filing papers that Ramona Wagner was Treasurer. That was subsequently amended to declare Erickson’s wife, Jenny, as Treasurer.

Russ Lawrence of Hamilton filed a complaint with the Commissioner of Political Practices charging that RCCFE had violated the regulations governing the naming of political committees. He based that allegation on the fact that the group’s first financial report listed Wal-Mart, Inc. as the only contributor.

According to Unsworth, the committee did initially appear to have violated the naming rules by not reflecting the true identity and economic interests of a majority of contributors. In the first reporting period the only contribution the group reported was a single $100,000 contribution from Wal-Mart, Inc. Upon investigation, however, Unsworth discovered that Treasurer Ramona Wagner had lent the organization $100 to use in opening a bank account. This loan is technically considered a contribution. As a result, Unsworth determined that the naming rule was not violated because it only requires that the committee name reflect the majority of “contributors,” not the majority of “contributions.” In this case, because there were only two contributors, neither was a true majority. The committee later received a handful of $10 contributions from different individuals and another $15,000 from Wal-Mart.

Unsworth did determine, however, that RCCFE violated political practices laws governing the record keeping of its contributions. The law requires a campaign treasurer of a political committee to keep detailed accounts. It requires accounts to be current within not more than 10 days after the date of receiving a contribution or making an expenditure, and current as of the fifth day before the due date for filing reports.

“The failure to record the dates on which contributions are received makes it impossible for the treasurer to ensure that a committee’s accounts are current within the time frames established in the statute – an important consideration for anyone who seeks inspection of the committee’s records pursuant to § 13-37-209, MCA,” wrote Unsworth in his decision. He stated that the lack of proper record-keeping also made it impossible to determine if the group violated other laws setting a time frame for depositing funds after receiving them.

“The statutory requirement that a campaign treasurer keep detailed and current accounts is at the core of Montana’s laws requiring full disclosure of campaign financial activities,” wrote Unsworth. “The failure to employ basic accounting principles such as recording the dates on which contributions are received raises serious questions about the

entire record-keeping process maintained by RCCFE.”

This determination was made in October of 2008, but the wheels of justice turn slowly at the Commissioner of Political Practices office, according to Unsworth. He said that once a determination is made it is referred to the local county attorney for prosecution. In this case County Attorney George Corn declined to prosecute the case.

Unsworth said the next step is to try and negotiate a settlement agreement with the violators. Although the fine for violating the campaign practice laws is only $500, a committee could be fined up to three times the amount of contributions it received. Unsworth said that attempted settlement negotiations with RCCFE had not been successful and his office was going to file charges against the organization in Ravalli County District Court.

Unsworth said that he considered the violations by RCCFE to be serious violations that could possibly have influenced the election. Over 6,000 ballots were cast in the 2006 November elections and the ballot measure repealing the zoning ordinance passed by only about 50 votes.

To overturn an election, however, a District Court Judge must rule that the election was illegal within 60 days of the election. Unsworth said that making such a case would be very difficult, if not impossible, within that timeframe. No election results in the state have ever been overturned.

“We are not a Wal-Mart front,” said Dallas Erickson, who founded RCCFE. Erickson said that he started the group because the Commissioners’ Resolution capping store size was against free enterprise.

“I did it so Cabellas could move in, or Shopko, or any big retailer,” said Erickson. “It just so happens that it was Wal-Mart at the time.”

Erickson said that he thought it was foolish of the state to be taking him to trial over a $500 fine when it will easily cost $5,000 just to go to court. He said that he offered to settle for $350 but the state refused.

“The office is a political office,” said Erickson. “He’s using headlines and silly lawsuits, like this one, to go after those who don’t agree with him politically.”

Unsworth has also issued a few other decisions recently, finding that both the Residents for Responsible Land Use (RRLU) and the Bitterroot Building Association (BBA) were in violation of the campaign finance and practice laws in 2006. Those organizations campaigned against the “One per Two” Interim Zoning Ordinance which limited development in the county to one house per two acres.

Complaints filed by Bitterrooters for Planning Action Committee members Phil Taylor and Marylyn Owns Medicine allege that RRLU was not properly named, conducted voter polls without properly identifying itself, and failed to report “earmarked” funds received from the Bitterroot Building Association.

Unsworth determined that the naming statute was not violated due to circumstances very similar to the case involving the RCCFE. Although RRLU initially reported contributions only from the BBA, its treasurer Ramona Wagner failed to report her loan to RRLU of $143 to open a bank account and register a business name. As a result the organization actually had two contributors, BBA, which was reported to have donated $37,000 in the first reporting period, and Wagner, whose loan constituted a contribution. Since neither constituted a majority of contributors the law was not in fact violated. However, reporting laws were violated, according to Unsworth. He found insufficient evidence to conclude that the voter poll was conducted illegally. He also found that the group failed to note in advertisements and elsewhere who paid for the anti-zoning materials.

Complaints against the BBA alleged that the group was acting as a ballot measure committee and not as an “incidental political committee” as it claimed. Unsworth cleared the BBA of those charges, but did find the organization violated the law by failing to report monies “earmarked” for RRLU to be used in the ballot measure campaign. Those earmarked funds totaled over $55,000. He also found that the BBA failed to deposit those earmarked funds within the legally required timeframe and failed to report in-kind donations to RRLU as well.

Unsworth said that he will be attempting to reach a negotiated settlement agreement with both organizations over the determined violations.

In other actions, Unsworth reached a negotiated settlement of $250 with Jack Vallance for failing to have proper disclosure on a banner pulled behind an airplane. The banner was related to a recall election for Hamilton City Councilor Bob Scott.

Unsworth dismissed a few complaints filed in Ravalli County by Pat Combs. One was against Bitterrooters for Planning and Citizens for Ravalli County’s Future and another against Candidates for Common Sense. He also dismissed a complaint filed by Hamilton Mayoral candidate Michael Spreadbury against Mayor Jerry Steele.

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Prosecuting DUIs costly for Stevi

By Michael Howell

Jeff Hayes, prosecuting attorney for the Town of Stevensville, did not come to the Town Council looking for a raise. In fact, he came to give them a break, by settling on a $90 per hour rate for prosecuting the Town’s criminal cases. He was hoping that they could cripple through the rest of the fiscal year having already spent about $18,000 of a $20,000 budget.

Hayes told the council that the root of the problem lay in the fact that the number of cases he handles for the Town under his contract has doubled. He said that this was due to circumstances outside his or the Town’s control. He said that there has been an escalating trend of more DUI cases being appealed, by public defenders, into District Court.

In Montana, Hayes explained, municipal courts and county justice courts are not “Courts of Record.” Anyone convicted in those courts – and DUIs are a primary number of those cases, he said – can make an automatic appeal to District Court. But when that happens, according to Hayes, the municipality’s costs for the initial prosecution in City Court are lost and not recoverable. Any cost incurred in prosecuting the case in District Court is also non-recoverable by the town and goes into the District Court’s coffers. In any case, the Town loses money once a case is appealed. He said this kind of situation can lead to plea bargaining to try and keep the offense in Municipal Court and at least recover some money in terms of fines.

Hayes said that the simple remedy was for Municipal Courts to become Courts of Record. But this would take an act of the legislature. He said that the legislative committee that could do something seemed willing. But even if they acted, he said, it would not be until the next legislature and probably not be law until the summer of 2011.

Hayes said that the Town was averaging about one DUI trial per month out of 3 to 4 prosecutions. He said each trial cost about $1,000 and if it was appealed to District Court cost another $1,000. All non-recoverable by the Town.

The council agreed to a contract rate of $90 per hour with Hayes. The vote was 3 to 1 with Councilor Desera Towle casting the lone dissenting vote.

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Council moves towards water, sewer rate hikes

After listening to a summary of a rate structure analysis for the Town’s water and sewer systems prepared by HDR Engineering, the Stevensville Town Council decided by consensus to place a Resolution of Intent to Raise the Rates on the agenda of its next regular meeting, scheduled for Monday, February 22. This would be the first step required by law to implement any rate hikes.

HDR submitted its analysis to the council last November. After examining the current rate structure and the cost of operations and maintenance, transition payments and other debt for existing and anticipated improvements, the company recommended that a rate hikes be made immediately to address projected deficiencies in funds. The recommended hikes turned out to be significant for the first few years.

The recommended rate hike in water charges was a 40 percent increase in 2010 followed up by another 30 percent increase in 2011. This would be followed by a 3 percent increase annually for three more years.

Mayor Lew Barnett noted that in terms of dollars it meant the average $35 water bill would go up to $50 over the five-year span.

Recommendations for the sewer rates were to make a 45 percent increase in 2010 followed by 4 and a half percent increases over each of the next two years and 3 percent increases in each of the following two years.

“We would be irresponsible if we took no action to ensure the viability of our water and sewer systems into the future,” said Councilor Clayton Floyd.

It was agreed to place the Resolution of Intent to Raise Rates on the agenda of the next regularly scheduled meeting.

In other business, the Council considered a request from the County about the Town possibly housing the county’s old radio-based 911 system to be used as a back-up system should the County’s new digital-based system somehow fail or should the county 911 facility need to be evacuated in some future emergency.

After some discussion the matter was tabled and the mayor was charged with communicating with the County to get some more details. Questions were raised about the best use of space in the Town’s buildings, the need for a master plan, the need for more details about what would be required to keep up a back-up emergency response station, such as electrical needs, and whether the Town would be compensated in any way.

The Council heard from Park Place resident Dan Mullins who was concerned that the Town had written a letter to the County requesting that the proposed connecting road between Park Place and Island Park subdivisions, south of Town, be constructed as part of the conditions of approval of the new subdivision. He said that it clearly stated on his plat that the road would be constructed upon annexation into the Town. He thought it should not happen until the Town annexed the subdivisions.

Town Planner Ben Longbottom said that the County Attorney’s office was currently reviewing the issue about the connecting road and would have an opinion soon. It was decided to await that opinion before taking any new actions related to the issue.

In other business the Town Council:

- approved placing the funds from two CDs currently maturing at the Missoula Credit Union into a savings account at Rocky Mountain Bank. The vote was 3 to 0 with Councilor Robin Holcomb, who works at Rocky Mountain Bank, abstaining.

- approved a temporary policy allowing the Building Inspector to renew expired building permits with a reinstatement fee of 10 percent of the original fee but no less than $50. The vote was 3-0 in favor with Councilor Pat Groninger abstaining because he holds one of the expired building permits.

- scheduled a special meeting on Tuesday, March 2 at 7 p.m. to consider creating council rules, a policy manual, and possible benefits for part-time employees.

- tabled four bids opened at the meeting for two roofing projects. The matter was tabled to allow a detailed examination of the complex bids.

- approved a special use permit for the American Legion to use the park for its annual Easter egg hunt.

- approved attendance at a Fire Department training session in Great Falls for firefighters Mark Adams and Erik St. Germain and, in a separate motion, Councilor Towle.

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County examines septage dumping options

By Michael Howell

Ravalli County has more than 13,500 permitted septic systems in its 2,814-square-mile watershed, and about 3,000 of these systems have been installed over the last decade. Since about the year 2000, county and state regulations have required new systems to have safety features like above ground access points for pumping, easy-to-clean effluent filters, and drain fields appropriate to the soil type and groundwater level. These regulations not only ensure that systems will work well now, but also make it more likely that they will function properly into the future.

Raw waste from bathrooms, kitchens and laundry rooms flows into the septic tank where the solids separate from the liquid. Light solids, such as soap suds and fat, float to the top and form a scum layer. The scum layer remains on top and gradually thickens until the tank is pumped. The liquid waste goes into the drainfield, while the heavier solids settle to the bottom of the tank where they are gradually decomposed by bacteria. Some non-decomposed solids remain in the tank forming a sludge layer that eventually must be pumped out.

And then what?

It’s ironic that in the same year that Ravalli County has issued the fewest number of septic permits in the history of its permitting system (which began in 1972) that it is just now seriously examining what happens to all that… stuff that’s pumped out.

The controversy swirling around a recent permit under consideration by DEQ to spread septage and grease trap waste on land north of Stevensville within a mile of the Bitterroot River has been the catalyst for the county’s ruminations on the matter. It has been a longstanding solution to the problem of accumulating septage in Montana. It is dumped on the land. After all, it’s good fertilizer.

But as the number of septic systems grows, so does the population. It is still one of the most reliable methods in Montana of calculating the number of new homes. But new homes also mean new people. And as the number of people grows it becomes harder and harder, apparently, to find an acceptable place to dump the stuff, because people don’t seem to want to live next to a septage dump site. Over 90 people attended the public hearing related to the proposed dump site near Stevensville. No one but the septic pumper spoke in favor of the proposal.

Members of the Ravalli County Board of Health are taking the matter seriously. So are the septic pumpers.

Septic pumper Conrad Eckert is circulating a petition that county residents can sign showing support for a year round waste treatment center for use by septic pumpers. Eckert claims that such a facility could also be designed to produce electricity from the methane gas produced by the waste.

Septic pumpers and state officials claim that with few municipal waste treatment plants able to accept septage from pumpers, the only option remains land application.

Kelly Brown, the septic pumper looking to get the land application permit near Stevensville, believes that land application is beneficial to crops and any alternative would need to be cost effective.

County Health Board Chairman and engineer Roger DeHaan said that he believes it costs a pumper about 7 cents a gallon to land apply the waste. He said that hauling the septage to Missoula to dispose of costs about 20 cents a gallon plus the mileage costs. He agrees that any alternative must be as inexpensive as possible. But he also believes that dumping at a local municipal site may be an alternative.

Although no municipality currently accepts septic pumping waste, DeHaan believes that it might be possible for either the Victor or the Corvallis sewer treatment plants to accommodate such an option. It would require an upfront investment to adapt the facilities to accept the waste from pumpers, he said, but it could possibly be cost effective in the end and the facilities do have the capacity. He should know; he also serves as District Engineer for the two facilitites.

DeHaan has approached both Districts asking them to consider the possibility.

“They both have problems that would need to be addressed to accommodate the pumpers’ waste,” said DeHaan, “but the problems could be overcome.”

Tips for using your septic system

Even a properly designed and installed septic system cannot treat waste water if the tank is not used and maintained properly. Here are a few tips for installing and using your septic system:

• Make an accurate diagram showing the location of your tank and drain field so damaging activities and tree planting can be avoided in the drainfield area.

• Keep a record of pumping, inspection and other maintenance, including the date and contact information of installers and pumpers.

• To simplify tank access for inspection and maintenance, install a watertight concrete riser over the septic tank.

• Leave the area above the drainfield undisturbed, with only a grass cover. Roots from nearby trees or shrubs may clog and damage your drain lines.

• Keep automobiles and heavy equipment off the drainfield.

• Do not plan any building additions, pools, driveways or other construction work near the septic tank, drainfield or replacement drainfield area.

• Do not put too much water into the septic tank.

• Do not flush non-biodegradable materials such as plastics, disposable diapers, sanitary napkins and applicators – they will rapidly fill up the tank and clog the system.

• Restrict the use of your kitchen garbage disposal – it increases the amount of solids in the tank, making them slower to decompose.

• Do not pour grease or cooking oils down the sink drain because they can solidify and clog the soil absorption field.

• Don’t allow paints, motor oil, pesticides, fertilizers or disinfectants to get into your septic system. They can pass directly through the system and contaminate groundwater. These chemicals can also kill the microorganisms which decompose wastes and can damage the soil in the drainfield.

• Do not use caustic drain openers for a clogged drain. Instead, use boiling water or a drain snake on clogs. Clean your toilet, sinks, shower and tubs with a mild detergent, borax or baking soda rather than the stronger and potentially system damaging commercial bathroom cleansers.

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New subdivision proposals hit bottom

By Michael Howell

No matter what the cause, one thing is for sure, fewer and fewer subdivisions are being proposed by developers in Ravalli County. The number of new subdivision applications filed at the Ravalli County planning department has steadily dropped from 27 in 2005, to 16 in 2006, to 10 in 2007, to 2 in 2008, and finally down to one in 2009.

Although the issuance of septic permits is a good indicator of the actual growth going on in a community, the number of lots being created through the subdivision process establish the ground for future septic systems. The creation of that ground is definitely slowing in the valley. But a lot of ground has already been divided and is waiting for the septic installations to occur.

We can get a picture of the extent of that ground by examining the number of lots that have been created through the subdivision process but have yet to reach final approval, that is the filing of the final plat. From 2005 through 2009 only seven Final Plats have been filed despite all the pending subdivision applications. In that same time frame, about 30 subdivisions have received conditional approval and only await the completion of those conditions in order to be approved.

Although some proposed subdivisions never complete their conditional requirements and are deemed “dead,” these 30 conditionally approved subdivisions are still active and could result in an additional 278 homes, i.e. septics. About 15 subdivision proposals between 2005 and 2009 have been declared dead due to not meeting deadlines in the process.

The largest subdivision proposals in that time period were all challenged. The largest, Aspen Springs, which would have created 643 new homes on about 400 acres up Eight Mile, has been declared dead. So has the 150-lot subdivision Hawks Landing. But others, such as Legacy Ranch, which would create 582 lots on a little less than 400 acres, and FlatIron Ranch, which would create 626 lots on a little over 400 acres, remain active in the subdivision review process. These two subdivisions alone could produce 1,208 new homes, almost five times the number of lots that have been conditionally approved over the last five years.

How the downturn in the economy will affect these pending projects is anybody’s guess.

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