County Planning Director Karen Hughes presented a revised time schedule for adoption of countywide zoning regulations to the Board of County Commissioners last week. If things go according to the new schedule, however, a countywide zoning regulation might not be ready for adoption until November, 2008. That comes very close to the time that the current Interim Zoning Regulations, which limit development to one dwelling per two acres, is set to expire. The Interim Zoning Regulation is actually set to expire on November 8, 2007, but it may be extended by the Commissioners for a year to November 8, 2008. All the Commissioners have expressed a willingness to extend the Interim Zoning Regulations for a second year if the new comprehensive zoning regulations are not ready for adoption in November 2007.

No one, at this point, expects the new comprehensive zoning plan to be ready by November of this year.

Deputy County Attorney Alex Beal, who was present at the meeting, explained to the Commissioners that once the possible one year extension was up he could see no way of extending it beyond the November 8, 2008 deadline. He said that one way to proceed, if the current emergency zoning should expire before the countywide zoning was ready for adoption, might be to adopt some other form of emergency zoning different from the one per two, as the current zoning is called, while work on the final comprehensive zoning plan was finished.

Commission Chairman Jim Rokosch expressed serious concern about the potential for a window to open up between the time the Interim Zoning expires and the new a countywide zoning plan is adopted.

Planning Board member Ben Hillicoss, who serves as Chairman on the Planning Board's Land Use Subcommittee (LUS), shares Rokosch's concerns.

"It is my understanding that any proposed subdivisions in the hopper on November 7, 2008 will not be required to meet either the 2 for 1 [sic] or the countywide zoning restrictions. I think that these facts along with the current staffing levels and backlog of legal and technical work within the Planning department, makes this proposed new schedule very high risk!" he wrote in a recent LUS committee report submitted June 25.

Hillicoss expressed his frustration over the cancellation of previously scheduled public process and financial planning meetings and lack of attendance at LUS meetings by anyone from the Planning Department.

"The LUS has been trying to keep up the momentum of work on the countywide Zoning Project and support the Planning Department wherever we can. That momentum has now essentially stalled and our ship seems to be dead in the waters," stated Hillicoss in his report.

Hughes acknowledged to the commissioners that there had been some setbacks in initiating the public involvement phase of the planning and that the new schedule was risky and involved unpredictable factors, such as when and how many subdivisions will have to be reviewed in the meantime.

Although the subdivision review workload was reduced temporarily with the institution of Interim Zoning and the density restrictions of 1 dwelling per 2 acres, it could accelerate at any time following a settlement agreement made with 11 of 14 developers suing the county over the subdivision process. That settlement agreement was reached by the previous three-person Commission on the day of the election that resulted in which three new members were placed on the voter mandated 5-member Board. The agreement allows the developers to re-submit their subdivision proposals under the rules in effect when they were first submitted and allows them to by-pass the Interim Zoning restrictions of 1 per 2.

Hughes said that, according to the agreement, once those subdivisions are re-submitted the county will have only five days to determine if they are sufficient and then 60 days to process them.

"But we don't know when those re-submittals will be made," said Hughes. "They could all come in at the same time or not, we don't know. The ball is in their court."

A few of the 11 subdivision proposals involved in the settlement are very large in size. They include Flat Iron Ranch, Legacy Ranch and Hawks Landing.

Flat Iron Ranch is a proposed 622-unit development on 494 acres off of Golf Course Road southeast of Hamilton. Developer Ken Madden has hired WGM Group to engineer the project.

The Legacy Ranch proposal by Donald Morton to create 580 lots on 259 acres northeast of Stevensville, near the Lee Metcalf National Wildlife Refuge, is being engineered by Landmarks Consulting and Design Inc.

The Hawks Landing proposal by Chip Pigman, to create 150 lots on 91.8 acres near Stevensville, is being handled by Professional Consultants Inc.

As a condition of the settlement agreement the Commissioners agreed to hire outside professional engineering firms to handle these large subdivision reviews. The Commissioners advertised in major newspapers around the state to establish a pool of engineering consultant firms to do just that. After reviewing the applications, including bids for the projects, Planning Director Hughes recommended only two of the respondents, WGM Group out of Missoula and Helena-based WCC. She said that the other two applicants, Applied Communications and Ron Ewart, appear to have significantly underestimated the time and cost involved in the review of such large projects. Another applicant, Land Solutions LLC out of Charlo, did not submit the minimal requirements including rates or bids.

WGM Group, the firm working for Madden on the Flat Iron Ranch proposal, did not put in a bid on that project due to the conflict of interest.

WCC estimated the cost of reviewing Flat Iron Ranch to be about $19,890. Ron Ewart's estimated review cost was $4,900.

Work on the review of the Legacy Ranch proposal was estimated at a cost of $30,015 by the WGM Group; $24,158 by WCC; $6,884 by Applied Communications; and $4,900 by Ron Ewart.

Estimates on the cost of Reviewing Hawks Landing came in at $24,395 by WGM Group; $14,334 by WCC; $4,900 by Ron Ewart; and $$4,880 by Applied Communications.

Some of the Commissioners expressed disappointment in the limited number of recommended consultants and concerns about the degree to which WGM Group has been involved in local development proposals on behalf of the developers and the potential for conflict of interest. It was agreed, in the end, to accept WGM Group and WCC into the pool of possible consultants to do the work, but it was also agreed to leave the pool open to future applicants and do further outreach for more applicants, possibly from out of state. If any of the big projects included in the lawsuit settlement agreement are submitted in the meantime, the Commission will have to chose between WGM Group and WCC to do the review. If Flat Iron Ranch is submitted, it will have to go to WCC as the only certified consultant available, since WGM Group has a conflict of interest.

According to a budget submitted by the Planning Department, the cost to the county for work being done on countywide baseline zoning in fiscal year July 2006 through June 2007 has been $67,850. That funding will jump to $130,000 in fiscal year 2007-2008, and balloon to $368,000 for fiscal year 2008-2009. But the cost in the coming future fiscal years is slated to be supplemented by "enhancements" and grants totaling up to $146,500. These include a CDBG planning grant for $15,000, and a CARDD grant through the Montana Department of Natural Resources and Conservation for $100,000 for a LiDAR map of the north half of the county. Enhancement funds include a projected $100,000 per year for two years from the Brainerd Foundation to be administered through the Bitterroot Land Trust.

The cost of work on Streamside Setback regulations and the Open Lands program, which figure into the comprehensive zoning plans, were figured separately and also include funds from grants and "enhancements." The total cost of developing Streamside Setbacks from 2007 through 2009 is estimated at over $286,706 with $147,400 covered by grants and enhancements. The total cost of the Open Lands program over the same period is estimated at $111,700 with $60,000 covered by grants and enhancements.

Another projected cost of $70,800 for updating and modernizing the subdivision regulations over the next two fiscal years is mostly budgeted from expected grants and enhancements covering $64,400 of those costs.

Stevi to investigate status of CDBG funds

By Michael Howell

At the request of Community Development Block Grant (CDBG) committee member Ed Cummings, the Town of Stevensville has agreed to investigate the status of the $307,000 that it currently holds from a few bankrupt ventures that were funded through CDBG grants to the town for economic development. The grant money was loaned to businesses that eventually failed. The Town then foreclosed on the businesses and sold off the company assets which generated the funds. The question is whether the rules for use of CDBG funds still apply to the money or not.

The town has funded the Stevensville Main Street Association for several years out of those funds. This year the organization is asking for another $10,000 in funding in exchange for its economic development work on behalf of the town. The Stevensville Youth Soccer Association is also asking for $10,000 for a new soccer field.

Cummings said that the CDBG committee was wondering whether the money gained through defaulted CDBG-funded loans was still subject to CDBG regulations and requirements concerning its use or whether it simply represents a "windfall" to the town with no strings attached.

Cummings said that the current applications were being reviewed under the "open-ended criteria" used in the past, but the committee was now wondering if the funds should not be considered CDBG funds and fall under those regulations and restrictions of use. If not, then the CDBG committee needs to be informed about what the Town's criteria of use is and provided with some guidelines for judging applications. Cummings said that if the Town started an investigation now into the character of the funds and any restrictions that may apply, the results could be applied to the next round of applications, because it was too late for consideration of the current applications.

Mayor Bill Meisner stated that no decision could be made on the current applications at Monday night's meeting because Councilor Bob Summers was absent and Councilor Paul Ludington had an apparent conflict of interest because he was listed on a Main Street Association promotional brochure as a member of the Main Street Association Board of Directors.

It's not the first time that the issue of an apparent conflict of interest has been raised. The Main Street Association already addressed the issue when it was first raised by changing its by-laws so that the Town's representative on the Main Street Board – in this case Ludington – would be an ex-officio, non-voting member. But Meisner noted that a promotional brochure still listed Ludington as a board member.

"The way it is listed on this paper, I would not want to go before a court," said Meisner. "I don't want to stick my neck out." He said that unless Ludington quits the board or the brochure is changed, making it clear that he is not a voting board member, he should not be voting on any issue related to the Main Street Association.

Greg McFadden, representing the Stevensville Youth Soccer Association, asked if the Town could consider his organization's request since Ludington was not on their board. Mayor Meisner said that technically to deal with one request and not the other would be discriminatory.

Town Clerk Nancy Lowell said that the bulk of the CDBG money, $281,000, was currently invested in a 6-month Certificate of Deposit and the Town would suffer a $7,010 penalty if it cashed out now. She said that there were about five and a half months left on the CD. As a result, she said, only $26,000 was actually available now. She said that the Town also had some wastewater and water projects coming up that could also use those funds.

The council unanimously agreed to do research concerning any government restrictions that may apply to the funds collected through the defaults and subsequent sale of assets on the previous CDBG loans and develop some guidelines for the CDBG committee to use in evaluating future grant applications.

In other business the Town endorsed the selection of a sculpture to be placed on Town property by the Stevensville Art and Sculpture Society (SASS). SASS worked with the Main Street Association Design Committee, the Civic Club and the Park Board in selecting the sculpture out of a group of 13 proposals submitted by seven different artists. The piece selected was a four foot high female figure in bronze by artist J. R. Eason. It will be placed on a three foot high pedestal in Lange Park and the expected installation date is in October or November, according to SASS representative Gary Knapp.

The Council also approved:

• a variance request for a boundary line relocation for the Porches that would allow construction of another home on 5th Street.

• a Resolution changing the number of members on the Stevensville Airport Advisory Board from 3 to 5.

• sending the Police Department Secretary to a school for training in the use of Excel computer program for making forms.

The Town of Stevensville also received notification from the Montana Department of Transportation that the total for this year's funds from the state fuel tax was $36,202.63. The funds may only be used for road work. Last year the Town received $35,340.56, according to Town Clerk Nancy Lowell.

Montana steps up war on noxious weeds

By Michael Howell

Lawmakers and Governor Brian Schweitzer continued support for Montana's war on invasive weeds in the recently concluded 2007 Legislative Session. The Montana Noxious Weed Trust Fund gained a major boost with the passage of House Bill 269, which adds an additional $5 million to the trust fund.

The positive news comes as the Montana Weed Control Association, Montana Department of Agriculture and Montana Natural Resources Conservation Service begin to roll out their new Zero Spread Weed Management programs for 2007. Funding from the Montana Weed Trust has helped Montana to set the trend in addressing the challenge of noxious weeds. In 2007, Montana will advance the Zero Spread initiatives by driving cooperative programs with neighboring states, designed to eradicate weed infestations in some of the Northern Rockies’ most productive agricultural areas.

Noxious weeds are notorious for spreading rapidly from one state to the next, across entire regions of the country. Two of the most aggressive new invaders threatening Montana are Rush Skeletonweed and Dyer’s Woad. These invasive plants are spreading rapidly north and east from neighboring states, where they have already had a major impact on the landscape. To help prevent these weeds from invading the treasure state, Montana has teamed up with Idaho to create an invasive weed barrier zone along the border between the two states. In 2007, the first phase of the project will begin as the Continental Divide Barrier Zone along a 200-mile section of the border from West Yellowstone to the lower reaches of the Bitterroot Valley. Weed management groups from the two states will create a 100-mile wide “weed free” corridor (50 miles on each side of the border) by using various methods of treatment from spraying and pulling to biological treatment, and even the use of weed-detecting dogs in some areas. These same methods will continue in the second and third phases of the project, extending the barrier zone along the state border from the Bitterroot Valley up and west to the northern reaches of the Idaho Panhandle, and east into Wyoming. Once the zone is established, weed taskforce teams will manage the area using strategic Early Detection and Rapid Response (EDRR) methods to reduce new invader weed spread. (For more information contact the Center for Invasive Plant Management, http://www.weedcenter.org, or (406) 994-5557.)

“The Continental Divide barrier zone is a cooperative project to network with other states to contain and eradicate rapidly spreading noxious weeds,” said Kim Goodwin, weed prevention coordinator at the Center for Invasive Plant Management at Montana State University. “Working together with Idaho, we can make a big difference in restricting the spread of new weeds into our state.”

The Missouri Headwaters Coalition for Saltcedar Management is a six-state coalition, consisting of states in the Missouri River drainage system: Montana, North Dakota, South Dakota, Wyoming, Nebraska and Colorado. The project is designed to create a dedicated weed management effort throughout the core states that make up the origins of the headwaters of the Missouri River. These waters are the lifeblood of the western states, supporting and providing for agriculture, recreation, tourism, wildlife habitat, irrigation, drinking water, power generation and livestock. Saltcedar is an invasive tree that has a tremendous negative impact on the riparian areas in the Missouri Headwaters. Each adult Saltcedar tree consumes approximately 80 to 120 gallons of water per day, out-competing many of the other native riparian forbs, grasses and cottonwood trees. Saltcedar provides little nutritional value for livestock or wildlife, so when it takes over a riparian area animals lose valuable forage and habitat. Large stands of Saltcedar can also consume enough water to have an affect on irrigation. The Missouri Headwaters Coalition for Saltcedar Management will apply a systematic integrated approach to manage the Saltcedar invader throughout the six-state region. In 2007, all six states will pitch in to help stop the spread of Saltcedar in the Missouri Headwaters and contain or eradicate existing infestations along the waterway. (For more information contact the Center for Invasive Plant Management, http://www.weedcenter.org, or (406) 994-5557.)

“An aggressive invader, like Saltcedar, can spread and infest an entire river system, changing it forever,” said Dave Burch, Montana state weed coordinator, Montana Department of Agriculture. “Weeds like this one call for an aggressive multi-state cooperative effort which will restore and protect the Missouri River ecosystem.”

With the threat of a potentially significant and early wildfire season in Montana this summer, the Montana Weed Control Association is working with state agencies to create a grant program that will give private landowners quick access to funding for weed management efforts in areas that have recently been burned by wildfire.

“The 2006 wildfires in the central and eastern parts of the state showed us that weed infestations can set in within a few days after an area is burned by wildfire,” said John Moodry, president of the Montana Weed Control Association. “The faster private landowners can put weed prevention treatments in place, the better their chances of controlling infestations of noxious invaders and reducing overall weed management costs.”

The goal is to have this grant program in place for the 2007 season. It will set aside as much as $150,000 dollars as a fund from which counties can draw grants for treating weeds on acreage recently burned by wildfire. A criteria of the program will be to have grants reviewed and approved within seven days of when they are submitted.

Local Montanans can do their part to help in the fight against Noxious Weeds by getting involved with their local weed management groups this summer. Many of these groups hold successful weed pull and weed spray events that combine hard work and a festive gathering into a great weed management effort. For more information on Montana weed education efforts, visit the MWCA Web site at www.mtweed.org.

Weekend thunderstorms generate 19 fire starts

By Michael Howell

Bitterroot National Forest and neighboring Forests' fire crews have responded to 19 new fire starts since Friday evening's thunderstorm rolled across the Bitterroots. All are less than one acre in size; most are less than 1/2 acre. Of the nineteen new starts:

• Two in the Magruder Mountain area have not shown any activity since initally being spotted Friday evening.

• Two are on neighboring Forests - one near the divide with the Beaverhead-Deerlodge NF, and one on the Salmon National Forest.

• Two of the seventeen were not caused by lightning. One, named Spring Gulch, was caused by a downed power line on Friday evening, and was declared out at noon on Saturday. The second, called Small Bass, is a small person-caused fire, and two firefighters are on the scene.

• Three of the fires - Tough, Tuff 2, and 4 Wheelin - were controlled and declared out by early afternoon on Saturday. Two additional fires in Sleeping Child were controlled and expected to be declared out on Sunday.

• Initial attack personnel, including smokejumpers, helirappellers and engine crews with helicopter support, continue their firefighting efforts on the eight remaining fires: two fires in the Woods Pass area were discovered late Saturday afternoon, and were being responded to by State and Forest Service engines; Lost Horse fire east of Twin Lakes is being intial attacked by a 20-person crew with helicopter support; the Swet fire is located in the Selway Bitterroot Wilderness near Swet Cabin and is being managed as a wildland fire use fire; smokejumpers are staffing the Gemmell and Ripper Creek fires while helirappellers responded to and continue to work on the Kruger and Fool Hen starts.

Bitterroot National Forest spokeswoman Nan Christianson encourages those interested in following fire activity on the Bitterroot to visit a new website. Bitterroot NF Dispatchers are recording new starts and periodically updating the status of each of these fires on the Bitterroot National Forest website. One can visit http://www.fs.fed.us/r1/bitterroot/, then click on Fire & Aviation and follow the link to "Wildcad Bitterroot Incident Information" or simply add http://63.196.254.151/WildWeb/WCMT-BRC.htm to your favorites list and click on the link to "open incidents." Fires that grow beyond initial attack will continue to be summarized in more detail, daily, on the www.inciweb.org website.

Page One •	Valley News •	Op/Ed •	Sports •	Calendar •	Classifieds •	Links •	About Us •	Back Issues •	Email Us •	Home
©2006 Bitterroot Star This site was Done By Dooney