Board passes Paradise sewer levy

The community of Paradise became one step closer to getting a first time sewer system after the Sanders County Sewer District at Paradise passed the resolution for a special assessment at a town meeting at the Paradise Center late Monday evening. 

It took less than 20 minutes for the four board members to vote on the assessment, but the meeting beforehand was heated and took more than three hours. The purpose of the meeting was to go over the written protest letters from those who were against the levy to install a sewage system and treatment plant, said Sunny Chase, president of the Sanders County Sewer District at Paradise. 

More than 60 people filled the former school gymnasium, which was set up with chairs spaced in accordance with the COVID-19 safety guidelines. Sanders County Commissioners Carol Brooker and Glen Magera were in attendance, along with Lawyer Nathan Bilyeu of Jackson, Murdo, & Grant, P.C. of Helena, Collette Anderson of Great West Engineering of Helena, the project manager, and members of the sewer district board - Chase, Adam Rice, Rick McCollum, and Gary Kelly. Chase, Rice and McCollum voted in favor of the levy. Kelly abstained, saying he didn't feel comfortable voting in favor of the levy at that time. 

Jina McHargue had been a board member, but had resigned. The meeting ran from 7 p.m. to nearly 11 p.m. Although there were a few people in attendance in favor of the proposed sewer system, the biggest voice was against it, including McHargue, who was also among the 33 parcels of property owners that protested the levy. 

Because Paradise does not have a municipal government, it comes under the jurisdiction of Sanders County. Efforts to get a sewer system in Paradise began in 2011 when 57% of the residents voted in favor of creating the Paradise Sewer District, which was responsible for getting a system constructed and managed. The estimated total project cost came to just over $4.5 million, but 83% of the project is covered by five grants amounting to $3,643,000 and a local landowner contribution of $102,000. The committee also received a $770,000 U.S. Department of Agriculture Rural Development Loan at an interest rate of 1.375% over a 40-year period.  The outstanding debt, the loan, means that each Paradise property owner would pay an additional estimated $185 a year in taxes for each parcel, including empty lots, which could be developed and be connected to the sewer system. The $185 would not increase simply if the cost of the project were to increase, according to Bilyeu, but it could go up if enough people aggregate or combine multiple properties. Some have already made their two lots into one to avoid multiple increases in their taxes. "By definition, when lots are aggregated the number of paying lots decreases and other lots have to pay more. So, Montana law does allow for minor increases as necessary to accommodate lot aggregation or other changes in the district itself," said Bilyeu. Hookup to the sewer system will be free to residents at the time the system is constructed.

The owners against the levy constituted $6,105 of the $25,102 annually assessed for the project, which was only 24.32% of the cost, which means the protest was insufficient under Montana law to defeat the special assessment, said Bilyeu. They needed to be over 50 percent to stop the levy. However, even with the protest failing, the board could have voted against the resolution, he said. Those who opposed the levy had until 5 p.m. that day to submit their written protest.

Numerous people in attendance spoke against the levy at the meeting, but didn't put their objections in writing prior to the deadline. The complaints varied, but many centered around the claim they were not informed of district sewer meetings or that their taxes would be going up to pay for the sewer system. 

"We never got a vote whether we wanted a sewer system in here or not. All of a sudden we got told that we have to pay for a loan for almost a million dollars for 40 years. This is a hardship on everybody in this town. And nobody got to vote on it, as far as I know, in this room. We're getting screwed," said Lee Ann Overman. Chase, however, said the committee and volunteers made various attempts to inform the public. "If you don't read your mail and you don't read the newspaper and you don't read a bulletin at the post office, there's nothing we can do to inform you," Chase told the crowd. 

Bilyeu said the public had been notified about four meetings in the community where Great West Engineering talked about the need for the system and discussed its cost. He added that the district's engineers went through the community, knocking on people's doors and collecting input from residents.

Some who were against the proposed sewer system felt they should have the option of being hooked up, such as Danny Risland, who said that one reason he bought his house was because it had a new cesspool on it and has never had any trouble with it. "Some of these people they don't have a big enough lot to put a sewer on. I'm sorry for them, but it's their lot, they bought it, I didn't. Why do I have to pay for it," asked Risland. "I don't need one. I think it's horrible that I'm getting forced to pay for something I don't need." Cody Lampman suggested that residents not let workers hook up at their place, which brought him a big applause.

Mark French believes they've put the cart before the horse and said there should have been a meeting prior to protest, although Chase said there have been several community meetings and people had been notified and were welcome to attend. French also accused Collette Anderson of using the "fear factor" by saying the water will be bad and the river will get polluted to sway people's minds. French said there hasn't been a big population boom in Paradise, which has been the same for a hundred years.

Anderson said public health was the biggest factor in going forth to have a community wide sewer system. "The project is important to protecting public health and safety in the Paradise community, protecting local property values, and ensuring that Paradise remains a viable place for families and businesses to live and operate," said Anderson. She noted that some community septic systems over the years were not constructed to any kind of standards in terms of today's regulations to provide a standard in terms of regulations of proper wastewater treatment. "That puts the community at risk for contamination," said Anderson, who's been the engineer on the project for the last five years.

Anderson said that parcel owners who believe their lots can't be separately developed and wouldn't benefit by the new system could have submitted a written comment during the public comment period, which ended last Monday. She added that if the district determined the lot couldn't be developed in the future the lot would not be assessed. 

Chase read the protest letters aloud and clarified several questions and concerns. One letter from Richard and Virginia Arp, who sent two protest letters, was handled by the board that night. Because their house straddles their two-lot parcel, the board unanimously voted to aggregate it to one parcel.

One of the biggest complaints from those adverse to the levy was the rumors that Bridger Bischoff, a Paradise resident and president of Rock Solid, Inc., was getting "everything for free" and that it was unfair that he had 40 votes in the levy. Chase said the rumors that he isn't paying his fair share are untrue. In addition, she said Bischoff was paying more than $100,000 for the extra infrastructure needed for his planned subdivision. He is also paying $185 for each of the properties in his subdivision - $7,400 for his 40 hookups each year. All residents with multiple properties had a vote for each property they own and there is no connection fee for residents at the time of hookup, but because Bischoff's property is not yet developed, he'll have to pay a connection fee for each one, which is about $2,000 per lot. 

Yet even with the explanation, people were irritated that he had multiple votes for a subdivision that hasn't been approved by the county. However, Chase said that even if Bischoff were to back out of creating a subdivision or if the county were to deny his proposal, he still has to pay the $7,400 a year. In addition, Bilyeu said even without Bischoff's votes, the protest votes would have amounted to only 32.6% - not enough to stop the levy. Bischoff was not at the meeting.

It is six acres of Bischoff's land on the west end of town that the county is buying for the sewage treatment plant and drain field. Though the land has not yet been purchased, there is a signed memorandum of understanding with Bischoff to purchase it at the fair market value of $200,000, according to Bilyeu. Chase said they looked for property to build the system, but there were only three possibilities - two private owners and Montana Rail Link, which was not interested, and Bischoff was not initially interested, she said.

"I also believe that there are people in this room that support the sewer system, they're just not the noisy ones," said Chase, who grew up in Paradise and also has never had a septic problem, those others have, she said. "I strongly believe in a sewer system for Paradise. I believe that in the long run having a sewer system will benefit our town in very great ways." Several people spoke up in favor of the levy, though most were against it. Chase believed that the majority of people that did not protest the resolution did not attend the meeting. Anderson also stated that the district has had many people who didn't attend the meeting reach out and express their support. "That is also not uncommon, as supporters typically don't feel a strong urge to attend and be yelled at by the vocal minority in opposition," said Anderson. 

The board could have voted down the resolution, even though the protests were insufficient, but it would have been unusual after people voted to form a sewer district just to defeat a specific levy, according to Bilyeu, who added that boards typically vote accordingly with the election and protest results. Had the board voted the resolution down it would have failed to satisfy a condition of the grants and low interest package and possibly could have lost some of the grant money to another entity that had requested the same money, such as the Town of Plains, which applied for funds last year that instead went to Paradise.

A user agreement/construction grant has been sent to residents, which they are supposed to return by July 1, although Chase said the deadline wasn't hard and fast. The agreement gives the contractor permission to connect each resident to the system. "Sanders County has a public health ordinance that will require all properties to connect to the sewer system, but the district will pay the cost for all current properties if the owner will just sign a permit that allows the contractor to enter the property and make the connection. If owners refuse to sign the permit they will be required to hire and pay for their own contractor to make the connection," said Bilyeu. 

Chase said they've already received several back and hope to start construction next spring and finish by the autumn of 2021. But she added that there's a possibility of starting this fall. She also said the project will soon go out for bid.