Request to Annex Swan Mountain Estates Tabled

SEELEY LAKE - At the Feb. 20 Seeley Lake Fire District Board meeting Martin Cahoon presented the Board with a petition from Swan Mountain Estates to be annexed into the Fire District per Montana Code Annotated Section 7-33-2125. Swan Mountain Estates is a proposed 61-lot subdivision north of the Seeley Lake Airport in Powell County. Cahoon requested a decision on annexation prior to his meeting with Powell County in mid-March.

Chief Michael Greer said developer Kurt Fredericks met with him and they toured the site. Greer was surprised how responsive he was to suggestion.

Greer said that Fredericks estimates the bare lots will set for around $100,000 each and 0.5 percent of each lot sale will go directly to the Department as a donation.

Also in the petition, each resident in the subdivision will pay $500 per year to Missoula County or directly to the District for fire protection services. In the petition it says this is more than double what other residents of the district pay. This will be reviewed every couple of years and be adjusted as necessary, however, Cahoon does not see the assessment ever going down.

The board held two special meetings to continue discussing the annexation request. At the meeting Feb. 27, Board Chair Scott Kennedy presented information from the county attorney and Adriane Beck, Missoula Director of Emergency Services Coordinator.

Kennedy said that the contract must be made with the Homeowners Association. If the board approves the annexation it will probably be subject to county taxation.

“We are mandated by law to provide fire service. Our goal as a district is what is best for us,” said Kennedy who felt a decision to annex the area was premature. “They don’t have an HOA yet. I asked for the full documents and they are not going to give those up yet because they are still in draft form.”

Community member Joann Wallenburn presented the board with a letter outlining that she feels contracting with the HOA to provide fire protection services would be a better option than annexation with more flexibility.

Wallenburn also pointed out that the proposed $500 per lot for fire protection is not sufficient. Her $400,000 home pays $415 in taxes for fire service and her home is not “high-end, upscale or luxurious” which are words used to describe homes that the subdivision is proposing to build. A high-end home in the area would have a value closer to $700,000, bringing $700 or more in taxes if it were located in Missoula County.

She proposed the fire assessment be 1.5 times the value that would be taxed if the property was in Missoula County and $500 would be the minimum fee for undeveloped properties.

The board continued to discuss what option would be best for the District, annexation, mutual aid or contract for services. Many thought the District did not have a choice in the request to be annexed.

Board member Rachel Jennings presented that in the MCA statue 7-33-2125 the county commissioners “shall annex” following approval by the Fire District Board.

“The Fire Department is holding the annexation,” said Jennings. “The county commissioners basically can’t deny it.”

Wallenburn pointed out that the statue assumes the annexed property is in the same county. This begs the question how residents in the annexed properties vote for the board of trustees and run for a position on the board, and it doesn’t provide for funding since the property will be taxed by a different county.

Jennings asked if it should be a collective effort for all providers in the area, including fire (district and wildland), sheriff and search & rescue, instead of having individual contracts for service.

“If one landowner doesn’t pay then there are three different entities trying to enforce three separate contracts,” said Jennings.

Lewis said he felt a decision on annexation was premature because the developers have so many steps to still get through for the subdivision. The only decision he feels is necessary right now is does the District feel they have the resources to service them or not.

The board agreed to provide fire and medical services to the subdivision, however, they tabled the annexation decision until more information can be provided.

At the March 1 meeting, Kennedy said after more discussions with the county attorney, it is premature to move forward with annexation. The decision was again tabled.

The next regularly scheduled fire district board meeting is Tuesday, March 20 at 6 p.m. at the Seeley Lake Fire Hall. For the agenda and any special meeting announcements visit http://www.seeleyfire.org.