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| Volume XVII, Number 34 | Wednesday, March 20, 2002 | |
Page One News at a Glance Burned Area Recovery Project Forest next battleground in war on weeds Four schools to run levies Commissioners contemplate new obscenity ordinances Burned Area Recovery Project Disagreement in defining dying trees By Michael Howell Contention over harvesting trees in the burned areas of the Bitterroot National Forest has brought national attention to the work now in progress following an agreement reached between the Forest Service, timber workers, and several environmental groups. Some of those interested are not content to base their judgments upon reports in the news media or from the Forest Service and have come to monitor things for themselves. Members of Wild Rockies Earth First, an environmental activist group, have been involved in monitoring the situation on the ground even before the Forest Service began offering field trips into the harvest areas. Since that time, according to Forest Service spokesperson Dixie Dies, the bulk of participants in the scheduled tours have been members of Earth First. All this scrutiny makes timber contractor Bob Walker a bit nervous. Walker is harvesting on both the Roan-Burke and Elk Point timber sales while Pyramid Lumber is harvesting on the Bear sale. Walker claims to have an Earth First manual that describes how to sabotage large machinery. Walker also claims that intruders were observed by security personnel after dark in a closed area approaching a helicopter used in the logging operation. The intruders supposedly left when confronted by the guard. Reg Petersen of Wild Rockies Earth First denied that any members of his organization were involved in the incident. Petersen said he had already written Bob Walker assuring him that Wild Rockies Earth First does not engage in destruction of property, that they were only interested in seeing that the harvest was carried out legally. Besides worrying about sabotage, Walker said having so many people out in the woods wandering around also raised safety concerns. "It's hard for a feller to watch for people at the same time hešs doing his job," said Walker. Walker said he also wished the Forest Service would take more responsibility for determining what trees to cut and not leave all the responsibility and the pressure on the logger in the woods. Except for specifically marking some trees that are bug infested for harvest, most of the cutting is within a designated area where the logger determines which trees to cut by description. The Forest Service marks the boundary lines of the sale area and the logger is allowed to cut anything down to ten inches in diameter that is dead or dying. But what constitutes a dying tree? Amber Kamps, silvaculturist on the Sula and West Fork Ranger Districts, explained to a tour group visiting the Elk Point timber sale last week that some trees that are still living today will nonetheless die within five to seven years due to fire damage. These trees are to be harvested as well. That is why some members of the public think that green trees are being harvested off the burned areas. Some of these dying trees still have some green limbs. Trees survive the effects of fire based on the amount of damage to the crown, stem and/or roots, according to Kamps. How much damage an individual tree can sustain and still survive is dependent upon species and size as well as location factors. Because it is nearly impossible to assess stem and root damage during the winter on the snow covered forest floor, the salvage operations on the BNF include only crown damage as a predictor of mortality, said Kamps. The definition of a dying tree, said Kamps, is written into the timber sale contract. It is different for different types of trees. According to Kamps, research has determined that a tree that has suffered crown loss down to 30 percent or less of its height will probably die. Kamps said that the Forest Service opted for a very conservative description of a dying tree in the contracts, calling for 10 percent or less crown left in a Ponderosa Pine or 20 percent in a Douglas fir, lodge pole pine, spruce, or other species. Itšs a nice idea, but difficult to implement on the ground, according to Walker. "It's a judgment call," said Walker. "You can make your best call, but once it's on the ground somebody could slap a tape measure on it and you could be a foot off. There's a lot of good honest people who can make a mistake in a judgment call like that." Walker said he wished the Forest Service would make that judgment themselves and mark the trees for cutting. Earth First monitors provided the Forest Service with photographs of five or six green trees cut down on the Bear timber sale that did not meet the contractual definition of dying trees. The Forest Service agreed and determined that the trees should be left on the site and not taken to the mill. Since then another violation has been determined to have occurred on the Elk Point sale , according to a Forest Service press release. This tree, too, will be left on the site. Acting Forest Supervisor Spike Thompson said that the contractors could not be allowed to profit from illegally cut trees. Wild Rockies Earth First spokesperson Reg Petersen said that he felt like the logging companies should be held more accountable. "It's like a kid got caught stealing from the candy jar and the only punishment is that he can't take the candy home with him," said Petersen. Pyramid Lumber, contractor on the Bear sale, asked the Forest Service if the green trees cut by mistake could be given to Habitat for Humanity for use in building homes but the Forest Service denied that request. Mathew Koehler, of Native Forest Network, said that determining when a tree is dead is a serious issue and could soon become a legal issue. Meanwhile cutting and monitoring continues. The area closure on the Bear timber sale has been lifted following the cessation of helicopter logging there. An area closure remains in effect on the Roan-Burke sale but a Forest Service tour is planned into the area on Wednesday. A road closure remains in effect leading into the the Elk Point sale. |
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Forest next battleground in war on weeds By Michael Howell Bitterroot National Forest officials have recently released a proposal to implement specific noxious weed treatments and prevention measures on approximately 35,000 acres of Forest land. Proposed methods to control noxious weeds include a combination of ground and aerial application of herbicides; mechanical, biological, and cultural weed treatments; education and prevention. Based upon a Draft Environmental Impact Statement (DEIS) examining four alternatives, including a no action alternative, departing Forest Supervisor Rodd Richardson selected Alternative A as the "preferred alternative". This alternative includes:
A third alternative, Alternative C, "was developed in response to public concerns over potential effects of herbicides on human and ecological health". This alternative excluded the use of herbicides but involved "an integrated approach using mechanical, cultural, biological, prevention and education methods". Under this alternative only 1,400 acres was proposed for treatment. The fourth alternative considered was the No Action Alternative. The DEIS contains an analysis of impacts of each alternative to soil; air quality; water resources; vegetation; terrestrial wildlife; threatened, endangered, proposed, and sensitive species; fisheries and aquatic resources; access and land use; grazing management; recreation and wilderness; visual resources; heritage resources; social and economic resources; and human health. To obtain copies of the DEIS contact Ken Hotchkiss at the Stevensville Ranger District (777-5461). A compact disc (CD) is also available upon request. Public comment on this analysis must be postmarked or received within 45 days of the date of publication of the Notice of Availability in the Federal Register on March 15. Address your comments to Rodd Richardson, Forest Supervisor, Bitterroot National Forest, 1801 N. First, Hamilton MT 59840-3114. |
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Four schools to run levies By Jean Schurman Declining enrollments, aging buildings and a chance to update technology have prompted four Bitterroot Valley schools to run levies this year. Darby, Hamilton, Stevensville and Victor will all be running one or more levies in order to shore up coffers for building maintenance, computer technology or just general fund operating expenses the next school year. Darby will be asking voters to approve two different levies on May 7. "We're trying to break even, make up the difference, and run at the same budgetary level as 2001-2002," said superintendent Jack Eggensperger. A decline in enrollment this school year means a $67,584 shortfall in next year's budget, according to Eggensperger. The general fund operations levy, if passed, would generate $37,584 to help break even. According to the superintendent, this would be about $13.85 a year on a $100,000 home using the taxable market value. This is about 5.8 mills. If funding is not provided then Darby will have to cut programs and staff, said Eggensperger. He declined to name any proposed cuts at this time. The district plans on hosting a couple of informational meetings closer to the election to ensure the public is informed. Darby is also asking the voters to approve a technology acquisition and depreciation levy. This levy, approved by the Montana State Legislature, is a one-time voter approved measure which will allow Darby school to upgrade computers and computer labs. "We have a well-equipped high school technology lab which is second to none," said Eggensperger. "And we want to keep it there." He went on to say that although there is a computer lab for elementary as well, additional computers are needed in the classrooms themselves. The technology levy is for $30,000. This figures out to $11.03 on a house with a taxable market value of $100,000. Hamilton will be seeking approval on two levies, a general fund levy for $407,340 and a building reserve levy for $110,000 for five years. The impact on a home with a taxable market value of $100,000 would be approximately $5 per month. Increases in personnel costs such as raises, property insurance and utility costs has prompted Hamilton to request the general fund levy. "We need the money to continue operating as we are," said Duane Lyons, superintendent of the Hamilton School District. "We have a couple of relatively minor corrections we need to make to meet accreditation standards and we want to reinstate items from last years' cuts," he continued. Fund-raising covered some expenses cut from last year's budget such as the arts specialist but, according to Lyons, "you can't depend on that." The general fund levy, if passed, will change the district's budget authority by increasing the dollar amount of the budget, not the mills, said Lyons. Although Hamilton is sporting a brand-new high school, the other buildings "aren't very fancy," said Lyons. "We need to continue to keep up the other buildings." A major item is the boiler at Washington school. The boiler went out in the middle school (old high school) and the district had to replace it at a cost of nearly $70,000 "and our maintenance crew did as much of the work as possible," said Lyons. He said the Washington school boiler is now leaking and needs to be replaced. Another major concern of the district and the City of Hamilton is the sidewalk in front of the Middle School. "There's already been a couple of people fall," said Lyons. "We need to get that replaced." Lyons said that Washington is one of the needier schools in the district. "There are long range roofing problems, as well as ceiling tile that is falling down." Several single pane windows also need to be replaced. Although Stevensville is running a levy, if it is passed, the cost to taxpayers will not increase over last year, according to Superintendent Dennis Kimzey. "This is a maintenance and operational levy to maintain our general fund budget at the same level it is now. There is no increase in what we are requesting," said Kimzey. The move is necessary to offset the decline in enrollment which will decrease the budget for 2002-2003. Stevensville has lost 60 students from the kindergarten through 12th grade level this year. The levy is for $31,081 at the elementary level and $38,239 for the high school. If the levy does not pass building maintenance supplies, teacher supplies and text books will not be purchased. At the elementary level that breaks down to a decrease of $15,000 in instructional classroom supplies and $15,000 in new textbooks along with a decrease in maintenance supplies of $1,081. The high school would have $10,000 less of new texts and the maintenance budget would be decreased by $13,239. Instructional supplies, according to Kimzey, include paper, glue or anything that the kids use on a day-to-day basis. "The district has historically purchased these for those who couldn't and we don't want to discontinue that". "We think it is fiscally responsible for this district to maintain the level we are at now. When you lose 60 students, that's not just in one or two classes, that's across the board and you still need the same number of teachers and supplies," said Kimzey. Two teachers will be leaving the Stevensville district this year but no new ones will be hired. "We're internally filling those positions." Kimzey said he is setting up speaking opportunities throughout the community right now. In addition, his door is always open and he welcomes any citizen to come in to his office for more information. Victor will be asking voters to approve two separate levies. The technology acquisition and depreciation levy will raise $10,000 each year so the district may replace outdated computers and related equipment as well as enable the district to stay current with computer technology. This would increase the taxes on a home with $100,000 taxable market value to $7.92 per year. This is a one-time only vote on this levy. Once the levy is passed, it is no longer subject to a vote. Victor is also requesting a building reserve levy. The levy is spread out over five years at $25,000 per year for a total of $125,000. Among the items this will cover is replacement of outdated windows with more energy efficient windows, modification of the school for handicapped access, roof repair, carpet and window covering replacement, painting and landscaping. Other items include removal of asbestos tiles, pipes or walls, and other needed repairs that will improve the safety and overall condition of the school. "It's an old school," said Orville Getz, Victor's superintendent. "There is always something that needs fixed." The school is made up of buildings dating from 1915, 1930, 1956, 1964, 1976 and 1994. A home with a taxable market value of $100,000 would have a tax increase of $19.79 per year. |
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Commissioners contemplate new obscenity ordinances By Michael Howell The idea of enacting some new obscenity ordinances as a legal strategy to influence the outcome of a pending legal case over the obscenity ordinances passed by voters in 1994 will probably not be implemented, according to Ravalli County Commission Chairman Alan Thompson. The idea first emerged following a closed door meeting on March 7, at which the commissioners considered strategy in their legal case over the previous obscenity ordinances. The passage of those ordinances drew a lawsuit charging that they were unconstitutional. The lawsuit was filed in 1996 by the Ravalli Republic, Russ Lawrence, Jessie Dalbey, Video Software Dealers Association, Jon Jackson, Ruth Thorning, Jon Demme, and Dale Johnson. In 1999 District Court Judge Jeffrey Langton ruled in favor of the plaintiffs, finding the ordinances unconstitutional. The county commissioners, after paying $70,000 in settlement costs and attorney fees, then appealed the ruling using Sidney attorney Kathy Irigoin and Florida based lawyer Joel Oster. Oster, who represents Liberty Counsel, a religious civil liberties organization, offered his services at no cost to the county. It was apparently those lawyers who, in a closed door meeting, suggested to the commissioners the strategy of passing new ordinances and supplied them with some initial drafts. Following the advice of Deputy County Attorney Jim McCubbin, the commissioners scheduled a public meeting to discuss the new draft ordinances on Tuesday of last week and a Wednesday meeting was scheduled for the first reading of the newly proposed ordinances. However, it was announced at the meeting on March 12 that the new ordinances were not yet at the final draft stage and the Wednesday reading was canceled. A new date for discussion was scheduled for this Tuesday, March 19, with a reading of the new ordinances scheduled for this Wednesday. Commission Chairperson Alan Thompson said on Monday night that he had still not received a final draft of the ordinances and did not expect to give a public reading of them on Wednesday. "Išm not so sure therešs going to be any new ordinances," said Thompson. "Legal counsel has discussed several options. New ordinances was one option. I think wešve just been trying to talk about it. I think the question is why are we progressing with new ordinances when the case against the old ones is still pending. We were told it was a possible litigation strategy, but we are not comfortable with that. I think we will follow through on what we are doing in court first. We will know more after tomorrow's discussion," Thompson said Monday. At the March 12 meeting the County was assured by Russ Lawrence of Chapter One Bookstore, one of the litigants in the pending court case, that if the commissioners passed new ordinances they would be facing another costly lawsuit that they would probably lose. Lawrence disagreed with the use of new ordinances as a legal strategy, saying, "they cannot possibly have any bearing on your legal strategy. The appeal, as you well know, can only take into account items brought up in the original trial." Responding to the notion that the commissioners are acting out of obligation to the will of the people as expressed in the 1994 vote to approve obscenity ordinances, Lawrence said, "The Bill of Rights was enacted to protect us from what was called 'tyranny of the majority'. No matter how many people vote to infringe on our civil rights, that does not make it legal. You cannot vote to give up your Constitutional rights, as the voters in this county attempted to do in 1994. "I understand your desire to pursue your appeal to the Montana Supreme Court in order to resolve the issue of whether Counties in Montana can enact ordinances that go beyond state law. If, as you state, that is your main concern, then I urge you to simply concede on the other points of law and to drop the whole matter of obscenity ordinances in Ravalli County. The issue has already cost the taxpayers too much, without providing a single benefit. Pursuing the matter will only result in more of the same," said Lawrence. |