Commissioners move forward with annexation

The Lincoln County Board of Commissioners unanimously approved Resolution 963 Wednesday, a resolution of intent to move forward with the annexation of the Cabinet View area into the Lincoln County Rural Fire District. The move came just after Cabinet View Fire Service Area proponent John Rios met with the commissioners to discuss the logistics of the petition. Rios and Commissioner Mark Peck sparred about the interpretation of the law, with Peck at several points telling Rios, “we’re just going to have to agree to disagree on that one.”

Rios told the commissioners he felt it was unfair, and a violation of the principle of “one man, one vote,” for the commissioners to consider the amount of property owned, and the value of that property, by some individuals.

Peck responded by quoting the ruling handed down in Montana’s 19th Judicial District Court in the suit Rios filed against the county. In the summary judgment, Judge James Wheelis ruled a petition was valid if it received the signatures of the owners of 40 percent of the property in an established area, based upon acreage and value.

Rios told the commissioners the decision gave undue weight to the “rich and powerful,” at the expense of ordinary citizens.

Peck said it was the duty of the commissioners to follow the rule of law, as it was interpreted by not just a sitting judge, but the sitting judge in Lincoln County.

Rios responded to Peck, claiming a summary judgment doesn’t have the same force of law as a jury verdict. 

“Try not following one with your name on it and see how true that is,” Peck retorted.

As the meeting ended, Commissioner Peck asked Rios about the status of the building previously owned by the Cabinet View Fire Service Area board, as he’d heard “on the rumor mill” the building had been sold. Rios confirmed the building had been sold, but that the organization was going to lease it back from the new owner in the name of the Cabinet View Private Fire Department. As of Thursday morning, the Lincoln County Clerk and Recorder’s Office confirmed that no documents had been filed with regard to the creation of a private fire company.

Peck then asked Rios about the status of some equipment in the possession of the Cabinet View deparment, equipment which had been purchased through a variety of grants that should be returned to other cooperating departments or the granting agencies.

In an email message to Commissioner Peck, Ted Young of the Federal Emergency Management Agency referenced a 1980 Seagrave, 1,250 gpm pump and 1,000 gal tank fire engine and several self-contained breathing apparatus. The breathing gear was obtained through an Assistance to Firefighters Grant. Rios declined to comment on the status of the gear and/or its pending return to other agencies, labeling the question “premature.”

The public hearing regarding the annexation will be held at 6 p.m. March 30, in the Ponderosa Room at Libby City Hall. Residents who wish to opt out of the annexation can petition the Board of Commissioners up until the close of the public hearing. Residents who signed the petition for annexation who wish to remove themselves from the petition may do so by submitting a request in writing to Leigh Riggleman, county elections administrator, on or before March 10, 2016. The commissioners have discretion with regard to allowing or disallowing opt-outs.