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Wednesday, August 11, 2010 Page One News at a GlanceTrees planted at Fairgrounds - an arboreal heritage renewedWolves back on Endangered Species listHamilton awards contractsDrive by shooting south of HamiltonSpate of burglaries in Hamilton may be connectedCounty releases road improvement scheduleCounty museum looking for fundsDominic Point Fire restrictions liftedTrees planted at Fairgrounds - an arboreal heritage renewedBy Michael Howell For those who miss the line of stately old giant Carolina Poplars that once lined the road along the south side of the Fairgounds in Hamilton, last Thursday was a day of renewal and promise as new trees were planted to replace the dying old giants that were removed for safety considerations earlier this year. The project is the result of many people, groups and businesses who, rather than bemoan the loss, all pulled together to make another long lasting, living tribute to the Bitterroot Valley, to its history and to its natural beauty. There to help plant one of the new trees, sometimes called “Daly Cottonwoods” after the man who imported them by the thousands to plant around his mansion, along Fairgrounds Road and Tammany Lane and many other places around the valley, was his direct descendant, Francis Bessenyey, and Bessenyey’s daughters Kristine and Ilona. Judy Broughton, of Bitterroot Nursery, donated sixteen trees, each already 15 to 20 feet tall, to be planted along the road. Eight of the trees are the same type of Carolina Poplars that were removed. Planted in between them are eight Patmore Ash trees, also quite tall and stately trees Twelve other trees, Red Oak and Honey Locust, were also planted across from the road to line the interior fence of the grandstands/rodeo area. These trees were paid for through donations from Francis Bessenyey, Western States Insurance, Ravalli County Bank, Lions Club, Farmers State Bank, Jerry Wessels Les Schwab Tire Center, First Interstate Bank, Rocky Mountain Lumber, Rotary Club, Mildenberger Motors, Massa Home Center, River Rising, Kopavi Systems, the Daly Mansion, Pizza Hut, Brooke Devries Real Estate, The Edge and Evans Ace Hardware, the Bitterroot Stock Farm Homeowner’s Association, the Soroptimists and the Kiwanis Club. The tree planting went quickly with employees from Vern’s, Hamilton and Thomas landscaping businesses volunteering to do the work. To help the trees survive, Coleman Sprinklers of Stevensville provided the underground piping and drip system. Fred Thomas of Western States Insurance spearheaded the planting event and his employees donated money to help defray the cost and helped with the installation of the drip irrigation system. Ravalli County Fairgrounds Manager Deborah Rogala said, “It’s wonderful that so many people have been willing to participate in this project.” She said it was a great day for the Fairgrounds and the community. She said that she is certain that the bird population in the area that once frequented the unique habitat established by the old poplars would also appreciate the renewal effort and find in the new grove a new lease on life as well. |
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Wolves back on Endangered Species listBy Michael Howell In an order issued last Thursday, August 5, Montana Federal District Court Judge Donald Molloy placed wolves in Montana and Idaho back on the federal Endangered Species list. The ruling effectively short circuits the next scheduled wolf hunting seasons in both those states. Ken Salazar, Secretary of the Interior, issued a Final Rule, in March 2009, to remove the Gray Wolf from endangered species status in Idaho and Montana but keep it in place in Wyoming, until an acceptable state plan was adopted. That decision was challenged in federal court in June of 2009, by Defenders of Wildlife. Within a few months, Greater Yellowstone Coalition filed a separate but similar challenge to the Final Rule. Close to a dozen other groups joined the case to protest the delisting. The cases were consolidated and since then various parties, including the State of ldaho and State of Montana, have intervened in support of the Final Rule. In their challenge the groups, primarily represented by Earth Justice attorney Doug Honnold, sought an injunction to stop the planned hunts in Montana and Idaho but that injunction was denied and the hunts took place in 2009. State officials estimate that 257 wolves were killed in the two states by hunters and another 250 were killed by state and federal agents primarily due to predation upon livestock. Molloy denied the injunction because he concluded that the Plaintiffs had not proven that “irreparable harm” would result from the hunting given the low hunting limits that were set. But Molloy also noted in that ruling that the Plaintiffs had demonstrated a likelihood of success on the merits because "the Service cannot delist part of the species below the level of the DPS without running afoul of the clear language of the ESA." The Plaintiffs put forth several arguments against the delisting, but in his summary judgment on the case Molloy stated that no decision was needed on most of those issues because the case clearly turned upon one of them. Molloy notes that the determination of the risks to an endangered species is a scientific question, but the decision that a risk is acceptable regarding a specific species is, in turn, an ethical and policy judgment. “That means, in many respects, the complications are political. Even so, such judgments must be made within the context of the law, and the mandate of Congress cannot be altered or diminished to satisfy political or other purposes that are contrary to the plain meaning of the ESA,” wrote Molloy. Molloy concluded that the Endangered Species Act does not allow the U.S. Fish & Wildlife Service to list only part of a "species" as endangered, or to protect a listed distinct population segment only in part, as the Final Rule does. He also concluded that the legislative history of the Endangered Species Act does not support the Service's new interpretation of the phrase "significant portion of its range." “To the contrary,” he wrote, “it supports the historical view that the Service has always held, the Endangered Species Act does not allow a distinct population segment to be subdivided.” If the government is obliged to conserve and protect a “species”, reasons Molloy, it cannot simply take responsibility for conserving an isolated portion in one area (Wyoming) and not in another area (Montana and Idaho and parts of Oregon, Washington and Utah). He states that USFWS has used two different definitions of the word “species” in its Final Rule within the same sentence and tries to justify that change in meaning by reinterpreting a longstanding definition used by the agency, but without providing any reasonable rationale for the change. Based on this view, Molloy states, the Service is inappropriately not giving the term “species” the same meaning throughout the statute, and improperly rewriting the statute by adding the words "members of” in front of "species" when making its determination. “… it appears the Service is misconstruing the plain terms of the ESA and disregarding the intent of Congress by taking the course it has in the Final Rule. The agency has no authority to add a new categorical taxonomy to the statute. Only Congress can do that as is shown by the history of the Act itself. “The record in this case implies that the Service tried to find a pragmatic solution to the legal problem raised by the inadequacy of Wyoming's regulatory mechanisms, and Wyoming's choices about meaningful participation in a collective delisting agreement like that engaged in by Montana and Idaho. Even if the Service's solution is pragmatic, or even practical, it is at its heart a political solution that does not comply with the ESA. The northern Rocky Mountain DPS must be listed, or delisted, as a distinct population and protected accordingly,” wrote Molloy. “Although it may be a pragmatic solution to a difficult biological issue, it is not a legal one,” he concludes. In a press release Earth Justice, which filed suit on behalf of Defenders of Wildlife, Natural Resources Defense Council, Sierra Club, Center for Biological Diversity, The Humane Society of the United States, Jackson Hole Conservation Alliance, Friends of the Clearwater, Alliance for the Wild Rockies, Oregon Wild, Cascadia Wildlands Project, Western Watersheds Project, Wildlands Network, and Hells Canyon Preservation Council, called Molloy’s ruling, “a victory for the gray wolves of the northern Rockies.” “Wolves are once again protected in the northern Rockies,” said Earth Justice attorney Doug Honnold. “This is great news for the wolves. Montana and Idaho had plans to allow hunts this fall, hundreds of wolves were scheduled to be killed and now those plans are halted.” Assistant Secretary of the Interior Tom Strickland issued a statement calling the reintroduction of the gray wolf from Canada to the United States a great success in which the wolf population flourished and reached sustainable recovery levels as early as 2002. “The Service’s decision to delist the wolf in Idaho and Montana reflected the strong commitments from the states of Idaho and Montana to manage gray wolves in a sustainable manner,” wrote Strickland. “Today’s ruling makes it clear this wolf population cannot be delisted until the State of Wyoming has instituted an adequate management program, similar to those of Idaho and Montana. In the meantime, we will continue to work closely with the states, tribes, conservation organizations, and ranchers and other landowners to manage wolves and ensure the species continues to thrive and coexist with livestock, other wildlife populations, and people.” Montana wildlife officials decried the decision, stating, “If we understand the ruling correctly, Judge Molloy is telling the federal government that because Wyoming still doesn’t have adequate regulatory mechanisms to manage wolves, you can’t delist the wolf in Montana and Idaho,” said Joe Maurier, director of Montana Department of Fish, Wildlife and Parks. “We simply can’t manage wildlife successfully in that environment. We must have the ability to manage wildlife, to do our job, to seek a balance among predator and prey. As a practical matter, as wildlife managers, we need the authority to respond to the challenges wolves present every day." According to Maurier, the Montana Fish, Wildlife and Parks Commission has asked the agency to appeal the decision. The response from Montana’s U.S. legislators was quick and loud. State Senator Max Baucus said in a statement, “Montana has long had an excellent wolf management plan in place and it shouldn’t be set aside because Wyoming’s plan continues to come up short. This dispute has gone on long enough and I’m looking at all options to deal with it. When Congress returns next month, I plan to introduce legislation that puts wolves under Montana’s management.” Senator John Tester said, “This decision misses the mark. I’ve always supported Montana’s common-sense wolf management plan—and its wolf hunt—because it’s a home-grown solution to an issue important to a whole lot of Montanans. If Montana is going to be home to wolves, they’ve got to be managed in a way that works for the folks who live and work here. This decision highlights the importance of bringing all parties together to find a regional solution.” Representative Dennis Rehberg said, "It's high time for the billion-dollar environmental extremist industry to start listening to local experts and stop assuming all knowledge about wildlife issues resides outside of Montana. State wildlife managers have legitimate concerns over depleting elk and deer populations and our livestock industry is faced with ever increasing wolf encroachment.” The Rocky Mountain Elk Foundation is calling for immediate Congressional review and reform of the Endangered Species Act. "When federal statutes and judges actually endorse the annihilation of big game herds, livestock, rural and sporting lifestyles--and possibly even compromise human safety--then clearly the Endangered Species Act as currently written has major flaws," said David Allen, RMEF president and CEO. "We have already begun contacting the Congressional delegations of Idaho, Montana and Wyoming to ask for an immediate review of this travesty, and reform of the legislation that enabled it." Allen pointed out what he saw as an irony, if not an outright error, in the judge’s decision. "Judge Molloy said wolves in the northern Rockies are a single population that cannot be segmented based on political boundaries. But he essentially did that very thing himself, because he considered only the wolf population within the U.S. There are 75,000-plus gray wolves across Canada, yet Judge Molloy stopped at the border and did not consider the entire Rocky Mountain population. The gray wolf is simply not an endangered species," said Allen. |
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Hamilton awards contractsHamilton City Council members awarded four contracts for various city projects at the August 3, 2010 meeting. The City received only one bid for chip sealing various city streets and that bid was from Blahnik Construction for $57,920. The lone bid was well below the engineer’s estimated cost of close to $76,000. Award of the contract was approved unanimously. The contract for construction of the Public Works Building Project went to J5 Construction. Five bids were received for the project. All the bids were very close, but the J5 Construction bid of $532,726 was the lowest and was approved unanimously. The contract for the Erie Avenue Waterline Improvement Project, which includes some street, curb and sidewalk construction, was awarded to low bidder Greystone Construction for $127,784. The Mayor was also authorized to accept a proposal from CTA Engineering for work on the City Hall heating and cooling system in an amount not to exceed $34,268.33. The motion was approved unanimously. In other business the council approved on a 4-0 vote, with councilor Joe Petrusaitis abstaining, construction of a Ropes Challenge Course in Hieronymous Park. The facility will be built on park land by BEAR, a non-profit that has received a grant for that purpose. Fees will be charged for use of the facility, the money going to BEAR. Councilor Petrusaitis expressed concerns about whether the City’s insurer, MMIA, would approve the project. He also expressed concerns about people having to pay fees to use the facility even though it is located in a public park. It was noted that BEAR will provide its own insurance for the facility and that they are not a business, but a private non-profit organization. It was also noted that the risk of injury at such facilities is less than that for playing basketball. The Council also approved on a 5-0 vote to spray for weeds along the Hieronymous Park trail. |
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Drive by shooting south of HamiltonThe Ravalli County Sheriff’s Office is investigating a reported shooting incident that occurred on Highway 93 south of Hamilton around 10 p.m. last Thursday night, August 5. The driver of the northbound vehicle sustained minor injuries when his vehicle was shot by someone in a car passing in the opposite direction. The bullet passed through the driver’s side door of the victim’s car, striking the driver of the northbound vehicle in the left side. Anyone with information about the incident or any similar incident is encouraged to contact Lt. Steve Holton of the Ravalli County Sheriff’s Office at 375-4060 or 363-3033. |
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Spate of burglaries in Hamilton may be connectedA spate of burglaries at five different Hamilton businesses may be connected, according to Hamilton Police Detective Stephen Murphy who is investigating the cases. The first burglary took place at Dr. William Suda’s office, located on Westwood Drive on the west side of town on July 26. The next night Hair With Style, on S. 1st, was broken into. This was followed the next evening by a break-in at Elaine’s Engraving on State Street. Two nights after that, on July 30, Sam’s Spade, on S. 4th Street, was burglarized. This was followed on Monday, August 2 by a break-in at A Beautiful You Salon on W. Main. Entry to the businesses was gained by forced entry in each case and evidence has led investigators to believe all the burglaries are connected. Anyone with information about the burglaries is asked to call Detective Stephen Murphy at the Hamilton Police Department 363-2100. Or you may call Crimestoppers at 363-0062. Callers to Crimestoppers may offer information anonymously and yet still be eligible for $1,000 reward if the information leads to solving the crime. |
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County releases road improvement scheduleThe County recently released a road improvement schedule and associated costs for 2010 and 2011. Projects on schedule for 2010 budget expenditures include:
Willow Creek $40,250 Additional expenditures are listed separately for:
BST aggregate $30,000 Road improvements budgeted out of local reserve funds include:
Hamilton Reserve 2011 budget amounts have also been set for:
West Side Road $100,000 |
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