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Proposed law would give small towns a voice

by LYNNETTE HINTZE/Daily Inter Lake
| January 24, 2009 1:00 AM

Legislation proposed by Flathead County Commissioner Joe Brenneman would give unincorporated communities the opportunity to create a village government without the costly process of incorporation.

The Community Self Determination Act, drafted as LC 0118 but not yet sponsored, would allow a village to elect a three- or five-member board to act as a liaison between village residents and county commissioners.

The board could make recommendations to the county planning board on land-use issues and would have the ability to contract with the county for increased levels of services such as fire, ambulance and street improvements.

"It's a new idea and it would be very flexible," Brenneman said. "If we had two willing partners, the county commissioners and the community, they could determine how much self-determination they want."

He envisions village boards working in conjunction with the county through interlocal agreements.

The bill would allow communities to use a maximum of one mill of taxation on property within the village boundary to pay for the costs of establishing a village form of government.

Brenneman did a rough calculation for Bigfork and estimated one mill would raise about $16,000.

Flathead County has several heavily populated unincorporated areas, including Evergreen, Bigfork, Lakeside and Hungry Horse, along with many other smaller communities such as Coram, Martin City, Somers and Olney.

Brenneman said he moved forward with the legislation after talking to community members through the years and listening to their concerns about representation.

Some communities have started their own advisory groups as a way to provide some input to the commissioners. Bigfork has the Bigfork Land Use Advisory Committee; Lakeside has the Lakeside Community Council.

"No one has presented an argument to me why it wouldn't be a good tool for the tool belt," Brenneman said.

Even so, he's having a tough time finding a sponsor and has heard rumblings of opposition from property-rights groups such as American Dream Montana.

"The bill is drafted but it's not being embraced. The Flathead County Republicans refuse to touch it with a 10-foot pole," he said, acknowledging, however, that Scott Reichner, R-Bigfork, "has been doing all he can to address Bigfork concerns."

Brenneman said he has gotten input from people throughout the state who have questions about the proposed "village bill."

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com