The Ravalli County Commissioners decided last week to start videotaping their proceedings. The idea was proposed by Commissioner Kathleen Driscoll. Driscoll said she believed it was a good idea for the county to get up to speed in the digital age. She said the idea came to her after viewing a videotape of a meeting made by a citizen. She said that the video was edited to present a version of events favorable to the person but not accurately reflecting the real context of the remarks.

“It seems wise for the county to have its own video of proceedings that is full and complete to counter what somebody might try to do with a private version that was edited to accommodate a specific agenda,” said Driscoll.

Commissioner J.R. Iman opposed the idea. He said that he was not against videotaping per se but he thought the decision was premature given so many outstanding questions, such as the cost, and whether or not it would serve as a legal supplement to the minutes, or where and for how long the tapes would be stored.

Iman said he was concerned about the cost because the county is also currently in need of a replacement for a blown out speaker system used in the commissioners’ meetings as well as looking at some surveillance video installations. He said that the videotaping system for the city of Missoula cost $25,000.

Driscoll offered to donate her video camera for use by the commission to save money.

The commission decided to proceed with the videotaping of its meetings using Driscoll’s camera on a vote of 3 to 1. Iman dissented.

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County to do title search of Darby property

By Michael Howell

The Ravalli County Commissioners have decided to do a title search on a 40-acre piece of property near the Town of Darby to see who owns it. The property was once owned by the Darby Lumber Company and is a hazardous waste site. The land is contaminated with dioxin from a railroad tie treatment process conducted at the site as well as pentachlorophenol, a chemical used to make timbers water resistant. Both are toxic chemicals and the site has been identified by the state and federal government as a hazardous waste Superfund site.

According to Commissioner Carlotta Grandstaff, the state is ready to do a cleanup of the site. Funds are available from the Brownfield Superfund, a federal fund for hazardous waste cleanup. But the problem is that those funds cannot be used for cleaning up privately owned sites. The property must be owned by a non-profit or governmental entity. The county is considering the possibility of taking ownership of the property. There is currently $90,000 owed for a decade of back taxes on the property.

Before the county can even consider being involved, however, the question needs to be answered as to who they are dealing with in terms of the current owner. That remains cloudy, according to Grandstaff, as the property lingers in longstanding bankruptcy proceedings. Grandstaff said that Deputy County Attorney Dan Browder has suggested that doing a title search would resolve that issue and would be the first step in determining whether county involvement is feasible or desirable.

“This is our best option for moving this thing off dead center,” said Grandstaff. The title search could cost an estimated $600.

“I think we should know what the situation is,” said Commissioner Kathleen Driscoll.

Commissioner Jim Rokosch said that the property is a prime spot for a business but right now is simply an eyesore and a hazardous waste site.

Commissioner J.R. Iman questioned whether the county should be getting involved in ownership of a hazardous waste site. He thought it could be a liability.

Rokosch countered that the liability for the hazardous waste had already been determined and the county taking ownership would not change that, it would simply be what’s required to get the cleanup funding in place. He said that funding was all ready to go if the ownership question could be resolved. He said that the county has a responsibility to encourage economic development in the valley.

The motion to have a title search done on the property was approved on a vote of 3 to 1 with Commissioner Iman dissenting.

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Council backtracks on vendor fees for Creamery Picnic

In a stunning reversal, at the instigation of Councilor Robin Holcomb, the Stevensville Town Council rescinded a decision made at the last meeting to charge the Civic Club a flat fee of $1,500 for vendors.

Holcomb said that there was a lot of confusion over vendor fees and upon reconsideration she said it was not fair to charge the Civic Club $1,500 when the Town had charged no vendor fee for the Western Heritage Days. She made a motion to rescind her previous motion.

Councilor Pat Groninger agreed with Holcomb that charging for the Creamery Picnic and not Western Heritage Days was inherently unfair. He said that the problem was with the ordinance and not with the civic organizations.

Councilor Dan Mullan abstained from voting. The rest voted to rescind the flat fee charges for vendors at Creamery Picnic.

Holcomb then moved that the Civic Club pay for three permits, the $25 fee for a special event permit, $25 for an alcohol permit, and $25 for a vendor fee, for a total of $75.

“But the vendors will still have to come and get a (transient business) license,” said Mayor Lew Barnett.

Councilor Groninger said that the vendors would be operating under the permit given the Civic Club and operating under the club’s insurance umbrella. He supported the motion.

The Mayor objected, saying, “I don’t see why we should take a $1,500 hit.”

The Mayor then shrugged off a call for the question saying the matter was still under discussion.

“I want you to understand what you are doing,” said Barnett. He said that the ordinance had been enforced against the Kirby Vacuum salesman and others.

“Which has nothing to do with the Civic Club or Main Street,” said Groninger. “In my opinion, we are not going to hose the Civic Club for $1,500 this year like we have in the past.”

Holcomb agreed and said that the Town needed to be fair and take the hit and then fix its ordinance.

“We are financially solvent enough that we can take a $1,500 hit?” said Barnett. “That’s what you’re telling me.”

Councilor Mullan said that he was “appalled” that the Town would pick and choose who it does and does not apply an ordinance to.

“You either apply it, or take it off the books,” he said. “When the exception is what you do then the exception becomes the rule. That’s where we are at right now.”

It was unanimously decided to approve a total payment of $75 from the Civic Club for three permits at a cost of $25 each.

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Stevi council deals with engineers

The Stevensville Town Council’s agenda for Monday, July 26, was front end loaded with engineers. Up to its neck in dual water and sewer improvement projects, five out of the seven pieces of the town’s unfinished business were engineering issues.

Besides listening to PCI engineer Andy Medford about the Rices’ request for consideration for an easement required for the town’s water system improvement project, Medford also asked for and gained the approval of the EJCDC Engineering contract, a sub-contract in the water improvement project.

Town Attorney Keithi Worthington explained that she had concerns about some of the contract provisions, but from previous experience with the Rural Development attorneys, she was not optimistic about getting those concerns addressed, especially within the time frames in which the town was working.

Worthington was in agreement with Medford that concerns about PCI’s obligation for oversight of the project were unfounded. She said that language about not having a supervisory capacity or overseeing the contractor was standard contractual language. Although not actually supervising the contractor’s operations, PCI will be seeing that the contractor’s product meets the town’s plan.

“We don’t want to direct the contractor’s method and means,” said Medford. “What we are there to verify is that the product meets the design and specifications and if not we would bring that forward to you for action.”

The contract agreement was approved unanimously.

Medford was also successful in getting the Council to approve initiation of a permit request to Montana Rail Link concerning the proposed water and sewer line extensions into the “Selway area.”

Craig Barrett of HDR Engineering got a nod of approval to proceed with a request for an amendment to the company’s contract with the Town for implementing the Wastewater Treatment Plant Improvement Project.

Barrett told the Council that, since receiving the grants for the improvement project, certain factors have changed significantly, reducing the overall cost of the project. He said that those dollars would be deducted from the grants and not from the loans and other monies involved in funding the project. As a result, it made sense to add certain items to Phase I of the project so that the full grant funds can be used instead of returned.

Barrett explained that the initial design for the ultraviolet treatment system involved a pumping system that is no longer required, as they are using a gravity feed alternative that is much less expensive.

He said that sampling of solids at the polishing pond makes the decommissioning project unnecessary, also reducing the project costs.

Another cost saver is that DEQ has authorized the discharge point for the sewer system in the present location, making expensive accommodation unnecessary.

Instead of losing the grant money already allocated for Phase I associated with these cost reductions, Barrett suggested adding some items to Phase I that, upon second consideration, are appropriate for the project.

For instance, since the last PER, problems have been recognized with foaming in the aerobic digester. Another problem that has emerged is the occasional violation of phosphorous limits in the summer time. Also the limited capacity of the drying beds could also be addressed in this phase.

Barrett told the council that Rural Development officials “think it’s a smart thing to do.”

The Council gave Barrett the go-ahead to prepare and present a proposed amendment to the contract to add certain items to the Phase I Wastewater Improvement Project.

Barrett also told the Council that it needed to consider officially changing the sewer billing from a quarterly billing system to a monthly billing system to match the proposed change to monthly billing in the water system. The Council agreed to work it in with the proposed water system changes.

June 14th minutes approved

The minutes of the June 14 Stevensville Town Council meeting were finally approved “as written” at the last Council meeting on Monday, July 26. The approval of the minutes was lingering business from the previous meeting at which the Council, due to the lack of a second, was unable to approve them “as written” or as “modified” to exclude the remarks of Councilor Clayton Floyd.

The issue revolves around the resignation of Floyd and the effective date of his resignation.

Concerns were raised at the meeting of July 12, when the June 14 minutes came up for approval, that Floyd’s statement in the minutes that he had already resigned earlier in the day raised serious questions about whether or not Floyd’s vote on council issues that night was valid. A motion to approve the June 14 minutes failed due to lack of a second. A second motion to approve the minutes “with the exception of remarks by Clayton Floyd” also failed due to a lack of second.

At last Monday’s meeting Councilor Pat Groninger moved again to approve the June 14 minutes “with the exception of remarks made by Clayton Floyd.” This time it was seconded by Floyd’s replacement, Councilor Dan Mullan, “for the sake of discussion.”

Town Attorney Keithi Worthington reiterated her opinion rendered at the previous meeting. She said that the exact time at which a resignation of a public official becomes effective is “a grey area” in the law. But the standard procedure is written notice. That notice would become effective when it is received. She reasoned that when Floyd stated, at the conclusion of the June 14 meeting, that he had resigned that morning, he meant he had written a letter of resignation that morning. It would not become effective until officially received by the Clerk and Recorder’s Office on Tuesday, or even Wednesday. Therefore Floyd was acting as a Councilor in the votes that evening. Worthington also noted that hypothetically voiding Floyd’s vote would change the outcome of one decision at the meeting concerning Special Event Permits. She said there was no reason to exclude Floyd’s remarks at the June 14 meeting.

Councilor Desera Towle abstained from voting. But the other three, including Groninger, voted against the motion to approve the minutes with the exclusion of Floyd’s remarks.

Councilor Robin Holcomb then made a motion to approve the minutes “as written.”

That motion was approved on a 2 to 1 vote. Councilors Holcomb and Mullan both voted to approve the minutes. Groninger voted against the motion. Councilor Desera Towle abstained.

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Town seeks easement for water line improvements

The Town of Stevensville is seeking five easement agreements in connection with its latest water system improvement project. One of those easements, across property owned by Harold and Mary Jane Rice, was discussed at the last council meeting. The Rices, who were in attendance, told the council that they were willing to entertain the proposition of granting an easement across their property in exchange for certain considerations.

They requested a waiver of infrastructure access fees to the water line once it was installed. They told the council that their home is, and has been for some long but undetermined time, connected to the Town’s water system even though it is located outside the town limits.

The couple also asked not to be annexed into the Town as part of the deal. They expressed concerns about their taxes going up by 12 percent and being subject to town regulations when they are a five-acre rural property. They were willing to put a deed restriction on the property so that any subsequent owner would be subject to annexation.

Councilor Pat Groninger recommended a separate meeting between the Rices, the Mayor and an engineer from PCI working on the water project.

“Let’s have a soda pop and figure this out,” said Groninger.

The meeting was scheduled for Wednesday, July 28.

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Robaks ordered to pay over $116,000 in sanctions

Ravalli County District Court Judge James Haynes has ordered Tom and Charlotte Robak to pay $116,458.80 in costs related to the investigation and uncovering of the couple’s violation of the county’s floodplain regulations and their subsequent misrepresentations to the court concerning the facts of the matter, in their ongoing litigation against Ravalli County over its enforcement of the floodplain regulations on their property.

The couple filed suit against the County in 2008 after receiving a letter from the county advising them that their homebuilding project on the banks of the West Fork of the Bitterroot River appeared to be in violation of the county’s floodplain regulations. The letter requested them to cease construction until the matter could be clarified and requested survey information. The Robaks took the letter as a cease and desist order on construction of their half-finished multi-million-dollar home and sued the county for violation of their property rights and their civil rights.

During the course of litigation the Robaks made representations to the court that they had never had fill placed on the property. They also produced a few affidavits from other individuals to that effect. But following an investigation and interviews conducted by the County Attorney’s and Sheriff’s Office, it was determined that the Robaks had contracted to have close to 426 cubic yards of fill placed on the property prior to beginning their building project in 2004.

Haynes sanctioned the couple for their activities in a ruling issued January 29, 2010. He found in that ruling that the Robaks knew or should have known that their building project was taking place in an area subject to the county’s floodplain regulations. But instead of seeking clarification and providing the requested information to the county, the Robaks proceeded to try and cover up the fact that they had brought fill onto the property illegally.

“The Robaks created their own conundrum,” Haynes wrote in that order, “by performing non-permitted activity in the floodplain and by their constant distortion that the County’s request for compliance amounted to an illegal quasi-judicial order.” Haynes found the Robaks’ denial of bringing in fill incredible in the face of the evidence presented and found the affidavits presented to his court “intentionally misleading.”

The Robaks argued that sanctions should be kept to a minimum because they had “prevailed” on several issues in the Judge’s first order, and “partially prevailed” on the issue of the location of the footprint of their home being outside the floodplain.

The County argued that attorney fees should be recovered at the “prevailing market rate” for all work on the case to date and future work required, as more soils testing is planned.

Haynes noted a few reasons for exacting sanctions. Besides recovering attorney’s costs alone, he says, there is also the need to recoup “the true cost of the administration, staff, benefits, overtime, overhead, and other resources in drafting, arguing and deciding hundreds of pages of motions, briefs and exhibits to ferret out the truth.” Another reason, he said, would be “to set an example” and discourage the practice of such sanctionable tactics.

As to the Robaks’ claim of prevailing on the “core” issues in the case, Haynes denies that the issue about the simple footprint of the house was a “core “issue.

“The footprint of Robaks’ residence was only one of several floodplain related issues before the Court: it was neither the ‘core’ substantive issue nor the misrepresentation issue that led to sanctions. The base flood elevations (BFE) on Robaks’ property, mapping the history of the fill hauled into Robaks’ property, and the County’s authority to investigate unpermitted placement of fill were the ‘core’ issues,” wrote Haynes.

The Robaks had also urged the Court to mitigate its award of expenditures because, as the Court previously noted, the Robaks were not “abusing the process” by filing the lawsuit against the county.

But Haynes notes that filing a lawsuit has “the concurrent responsibility of truthfulness in Court.” Instead, he said, the Robaks used this lawsuit to “vaguely attack” the validity of the statutory framework of floodplain law and the county’s ability to investigate potential violations and enforce the law.

Based on the facts in the case, Haynes writes, the Court is led to conclude that the “Robaks launched this lawsuit as a pre-emptive tactic to attempt to evade the floodplain regulations and cover up their unpermitted activity. Thus much of the sanctionable expenses incurred by the County were directly related to Robaks’ coverup tactics and are a direct result of Robaks’ coverup attempt.”

Haynes declined to dismiss the Robaks’ case entirely in response to the sanctionable activity, a move endorsed by the County Attorney’s office, but insisted that the cost to taxpayers to uncover the illegal activity and prove the Robaks’ claims false should be repaid and that it consists of far more than simply the attorney’s fees.

After calculating the costs and fees, Haynes reduced them by 25 percent due to the “incompleteness of the Ravalli County Floodplain Regulations, and the substandard 1999 floodplain determination of Robaks’ property” to arrive at the final tally of $116,458.80. Of that total $81,343.58 was for attorney fees, the rest consisted of $10,215.14 for soils testing, $3,420 in county staff time, and $21,480.08 for depositions, transcripts, and other professional work.

The county may still ask for punitive damages if it wins the overriding lawsuit.

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County museum looking for funds

By Michael Howell

Last week the Ravalli County Commissioners agreed to send letters in support of the Ravalli County Museum’s latest effort at seeking grant funds for infrastructure and program improvements. The Museum is seeking $50,000 from the state’s Tourism Infrastructure Improvement Program for a roofing project, and another $15,000 from the Montana Arts Council for program development. The Museum will also be working with the Bitterroot Heritage and Aesthetic Trust in applying for a $10,000 grant for a collaborative travel plan that would map a route through the county that would highlight several tourist destination sites.

“We are on a roll,” said Museum Director Tamar Stanley about the Museum’s latest efforts at revitalization.

Although the museum’s roof is not currently leaking, Stanley told the commissioners that it was time to provide a new membrane for the structure’s 100-year-old flat roof before any serious problems occur. She also told the commissioners that if the application for coal tax funds through the Montana Arts Council is successful, the money will be used to develop some focus groups and do some community surveys to help identify more specifically the kinds of exhibits and programs that the public would like to see at the local museum.

The Museum’s latest exhibition, which opened July 1, centers around the National Pro Rodeo Association Hall of Fame, but includes a comprehensive display of historical as well as modern cowboy paraphernalia and accoutrements. Not only is there a plethora of historical and modern items related to the ‘cowboy’ lifestyle, there is a lot of information provided as well.

Did you know that the term “buckaroo” came from the Spanish term for cowboy, ‘vaquero’? Ever wonder how chaps were developed? Or what spurs were really used for? How rodeos began? Or who won the National Bull Riding contest in 1966? You can find the answers to all these questions and more in the informative displays at the exhibition.

The current exhibition includes some exquisitely crafted spurs and bits by local artist and collector Frank Schultz.

A few of the pistols once in use by cowboys in the field are also on display.

What could be more fitting for a ‘king of the range’ than a ‘cowboy throne’ made out of bull horns?

The National Senior Pro Rodeo Hall of Fame collection illustrates the verve and vigor of the everyday life of the cowboy and the sport of rodeo. It spans 50 years of famous rodeo champions and portrays the excitement of its many events.

Besides dredging up items from its own extensive permanent collection, the Museum staff likes to draw in for display other significant public and private collections as well. In this case there is a fine collection of antique bits and spurs on display, courtesy of collector Brad Hobbson, and a collection of cowboy garb including everyday wear as well as celebrity garb worn at special events on loan from the Holt Heritage Museum in Lolo.

As usual the museum staff has also reached out to include local artisans and has an exquisite display of spurs and bits fashioned by local loriner (bit maker) and spurrier, Frank Schultz, who combines Old World style with modern designs. A collection of bronze sculptures by Carl and Nancy Fox depicting the life of a cowboy on the range is also on display

Not only does the museum try to integrate art with its historical exhibitions, staffers try to integrate the community as well. In this case that means a photo display of the current High School Rodeo Association members in action. Stanley said that the museum also sponsors two $500 scholarships for graduating High School Rodeo Association members.

The current exhibition will be on display through September 31, 2010.

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Dominic Point Fire restrictions lifted

With the Dominic Point fire 90% contained, on Monday morning Bitterroot National Forest Supervisor Julie King signed an order rescinding the closure area around the fire. Since last Sunday, Willow Mountain Road has been closed to the public along with areas around Dominic Point approximately 4 miles north, 2 miles south, 5 miles east and 1 mile west. A temporary flight restriction over the area has also been lifted.

Even though the area is now open, forest officials caution the public to be careful and drive slowly as fire crews will still be patrolling this week and working to mop up. The public should also be on the lookout for falling snags and burned out stump holes.

Two Bitterroot Forest fire crews are still assigned to the fire along with several engines. All of the aerial support, including four helicopters and retardant planes, have been released from the fire. Officials expect to have the fire 100% contained this week. Dismantling of the fire camp along Willow Creek Road also began on Monday.

“I can’t thank the 200 plus personnel enough who assisted us on this fire,” said Stevensville District Ranger Dan Ritter. “It looked pretty grim last Sunday but the ground crews dug in and held their lines and the aerial support saved Willow Mountain Lookout. The weather cooperated also and that played a big role in our success.”

Information officer for the Bitterroot National Forest Tod McKay said that the total cost for fighting the Dominic Point Fire will come close to $1.6 million. He said that close to 40 percent of that cost is for the aerial component alone.

In other fire news, the forest is currently managing nine wilderness fires. Eight are in the Selway-Bitterroot Wilderness and one is in the Anaconda-Pintlar. They are all approximately 1/10 acre. These naturally occurring fires ignited by lightning play a critical role in ecosystems by recycling nutrients, regenerating plants, and reducing high concentrations of fuels that can contribute to disastrous wildland fires.

So far this year, the Bitterroot National Forest has managed a total of 45 fires on 925 acres. Close to 900 of those acres were in the Dominic Point Fire alone. Two fires are staffed with firefighters at this time. Both the North Lost Horse and 10 Mile fires are controlled. They are located in the Darby Ranger District and are 1/10 acre.

For the latest fire information and maps and photos visit www.inciweb.org or contact Tod McKay at 406-363-7122.

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