Dust devil

Solutions, money elusive as county looks at unpaved roads

It seems the dust never settles on road issues in Flathead County. And if you live along a gravel road, you can expect to put up with dust for years to come.

About 620 of the 1,000 miles of county roads are unpaved. And with 60 percent of the county's growing population living in rural areas, the county's substandard roads are being put to the test.

But don't even think about taking your tales of washboarded, dusty and muddy roads to the Road Department, or even the county commissioners, because chances are they can't help.

For the past year county officials have held firm that there simply isn't enough money in the county budget to increase paving in the county.

County Commissioner Joe Brenneman explained, "We are elected by popular vote and there is nothing popular about attempting to explain why we can't immediately pave county roads."

Dust problems related to the Silverbrook Estates development near Church Drive led to a dispute between Flathead County and the city of Kalispell - and prompted the county at one point to put up roadblocks on one gravel road where traffic increased because of Silverbrook construction.

A dusty year

For Flathead County, 2007 might be considered the Year of the Dust.

Never before has the county's inability to adequately fund road maintenance and improvements been so apparent.

February began with the county being fined $29,000 by the state Department of Environmental Quality for failing for address a number of air quality complaints stemming from increased dust from gravel roads.

Flathead County has received 53 dust complaints since 1998, twice as many as any other county in the state.

The spring was marred by failed negotiations between county administrators and the state in developing a plan of action to mitigate dust. By midsummer the county had embraced its Road Dust Mitigation Action Plan, a timeline of actions the county will be required to complete. Lowering speed limits, standardizing the complaint process and the creating a road advisory board were among the mandates.

On Oct. 11 the road advisory board gathered for the first time and was met with Flathead County's harsh reality - there simply isn't enough money to do any more road maintenance or paving than it already is. And right now, the county is barely keeping its head above water.

The county now is on the hunt for a solution.

Voter-supported levies, resident-funded special improvement districts and gas taxes are all options the county has investigated.

The county receives about $22 million in taxes, $10 million of which goes to mandated services such as the clerk and recorder, the treasurer, county attorney and numerous other services. About $6 million goes to law enforcement. And $6 million goes to roads. Anything else left in the budget is used in matching funds for health and transportation services.

"Unless you are suggesting we reduce law enforcement or refuse to supply mandated services, almost every other dollar diverted to the Road Department, or anywhere else, will have the effect of reducing programs many times over because of the lack of qualifying money for federal programs," Brenneman said.

And so the county continues its search for feasible funding mechanisms.

Voter-supported levy

From each county resident, the Flathead County Road Department receives an average of $75 every year. That's enough for about two oil changes, but it doesn't make a dent in the cost of paving a road.

Under Montana law, the county already is taxing residents the maximum amount allowed.

County Administrator Mike Pence said a possible solution is a voter-approved bond levy. Voters could to agree to increase their taxes for a number of years to support a specific road improvement fund.

"The voters could decide to raise the average taxes for each household from $75 to $100 or $200," Pence said. "But it would need real strong public support to even start the process."

It is unlikely such a levy would get much support from county residents whose roads are already paved.

Special districts

The only revenue source the county currently uses is rural special improvement districts. It's a way for residents to take paving problems into their own hands.

Like localized levies, the districts allow only those who live on the roads to pay for the road improvements. A neighborhood gets together and agrees to pay an additional tax for a specified amount of time. The cost to each household is determined by how many landowners live on the unpaved road. At least 60 percent of the landowners on the road must be in favor of the project for it to be approved.

One problem with improvement districts is that if the road is used as a through-access, other drivers are using the paved road but not paying to maintain it.

Creston resident Noel Gorton said it's unfair for residents to pay both county road taxes and rural special improvement district taxes every year.

"We've been paying to have everyone else's road paved over the years," she said. "It's our turn."

Shelley Dodd, who lives on McMannamy Draw, agreed, saying the commissioners think they doing people a favor by allowing the improvement districts.

"Essentially they are saying 'pay for your road yourself and we'll go use our money on things we shouldn't,'" Dodd said.

Gas tax

In January the county commissioners proposed an interlocal agreement to collect a two-cent gas tax on every gallon of gas pumped in the county as a way to fund road repairs and maintenance throughout the valley.

The proposal was considered as the Road Department was in jeopardy of losing funding when the Rural Schools and Community Act of 2000 expires the end of this year. From that legislation, the county counted on $900,000 a year for the road department. An extension to January 2009, will preserve funding for one more year.

The proposed gas tax would replace a small portion of those funds, but the estimated $1 million a year in revenue would be split four ways, between the county and its three incorporated cities.

Although the Kalispell City Council approved the gas-tax idea, county commissioners have since withdrawn their support for the idea.

Root of the problem

How is it the county finds itself in this haze of road dust?

Robert Grimaldi of the North Fork Coalition for Health and Safety says the county's road problems are a direct result of poor management in current as well as past administrations.

"The present administration is encumbered with a staff unable or unwilling to prepare a plan on how to deal with the problem other than plead 'no money,' prepare a contrived plan without measurable goals and pass the issue to a select committee being used as a relief valve for public comment," Grimaldi said.

"Isn't it obvious that the current administration has been blind-sided by the fact the previous county commissions just didn't keep up with growth and failed to adequately plan for or fund road development?" he asked. "How could they approve subdivision after subdivision with no requirement that the roads in those subdivisions be paved?"

Planning Director Jeff Harris agreed, saying that today's dusty roads are a result of poor planning from 10 to 20 years ago.

Harris said that prior to the county's population boom, less was expected of developers. Few roads within or around subdivisions were required to be paved.

"When the county didn't require much in terms of off-site improvements, it created a situation that is difficult to remedy today," Harris said.

New county subdivision regulations require a great deal more from developers. Dust mitigation plans must be submitted with each subdivision application. Internal road systems must be paved. And unpaved (county or private) accessing subdivisions producing an average of 100 daily vehicle trips also must be paved.

A comprehensive transportation plan to be completed by fall 2008 also holds promise for road improvements. The $125,000 transportation plan will be pivotal for the future roadways of the valley, Harris said.

It will include studies of all major roadways and intersections in the county and will designate areas most likely to experience growth. Traffic patterns will be projected for the next 20 years.

In the meantime, complaints and concerns about the county's roads fall squarely on the shoulders of the commissioners and the Road Department, who still are without a tangible solution.

"It would be easy to make wild promises but I know that would be disingenuous," Brenneman said. "We are making logical, sustainable changes to our program so that we can improve and maintain our roads, but it takes time and those changes are sometimes uncomfortable."

Reporter Amy May may be reached at 758-4459 or by e-mail at amay@dailyinterlake.com