The local non-profit group Bitterrooters for Planning sponsored a press conference last Wednesday in Hamilton at which several citizens, most of whom are not members of the group, spoke about the need for civility in public discussions and the role of county officials in ensuring that conduct and comment at the meetings is kept civil and respectful.

The citizens addressed what they claim has been a consistent and sustained effort by a small number of “extremists” to disrupt public processes in the county by the use of rude, bullying, intimidating, and even threatening, tactics. They pointed to the most recent handling of a “Minority Report” by Planning Board member Ben Hillicoss as a striking example of how the public process is being derailed by such tactics.

“Instead of having a civil discussion about the strengths and weaknesses of the issues expressed in the report, words like ‘pot smokers, communists, backers of a Marxist anti-government takeover plot, and foo-foos’ and worse were leveled at Ben and other members of the Planning Board. Unfortunately the Ravalli County Commissioners have tolerated and, at times, contributed to this type of discussion which we believe has poisoned and misdirected the public discussion on this issue. As a result, we find ourselves in a situation where the people of Ravalli County who want good government and rational public policies must stand up to protect our right to restore civility to public involvement in local government,” the group stated in a press release.

“What we are dealing with here is a fundamental breakdown in the method by which we do public business here in America and that is causing people to lose confidence in the integrity of the public process,” said moderator Dale Burk. “We are dealing with a fundamental breakdown leading to anarchy,” he said.

Burk stated that the County Commissioners are responsible for controlling the public discussion and should not be allowing this kind of name calling, bullying and intimidation to take place at public meetings.

Chuck Roubik pointed out that the two-day assault upon Hillicoss’s report was orchestrated. He quoted from a mass e-mail that called on people to show up and protest an attempt by the Planning Board to pass zoning regulations that would “affect your property rights forever.” He said that the people who turned out in force were misinformed because the Planning Board is only an advisory body and had no power to enact any regulations.

Rich Morrisey said that, as a result of this action by “property rights extremists”, the public process was short circuited and Hillicoss’s report was denied a fair hearing by the commissioners at which supporters might have had a chance to speak. He said that this kind of action would have a rippling effect and discourage many people from volunteering on county boards.

“This kind of disruption and bullying can’t be tolerated,” said Morrisey.

He called the tearing up of the minority report by Commissioner Carlotta Grandstaff a “reprehensible act of political grandstanding.” He noted that Commissioner Kathleen Driscoll had published an apology for the Commission’s failure to act and stop the unacceptable behavior. He said the whole commission should apologize to Hillicoss.

Sonny LaSalle said that this was not about a single incident, that there was a history of this kind of behavior in the county and that the Commissioners need to address it. He described the process of developing the growth policy with grassroots public meetings based on consensus.

“Where you have respect and civility,” he said, “you have success.”

Marilyn Saunders called on the commissioners to re-appoint Hillicoss to another term and to maintain civility at their meetings.

Ninety-three year old Hamilton attorney Curtis Cook recalled his mother’s remarks when, as a kid, he had used a few bad words.

“She said that using them only shows you have run out of thoughts. When you swear, make obscene remarks or make threats, it only shows you have ceased to think,” he said.

He said that when someone holds up a photo of your house and announces the address and says, “We know where you live,” it amounts to a threat. He said the Commissioners in holding a public meeting are bound to maintain order, prevent obscene remarks, and stop threats.

Burk said that there were a few things that the Commissioners could have done in this instance. They could have made the people making threats identify themselves and put it on the record that they had made threatening remarks. They could have stopped the discussion and insisted that the matter be placed on the agenda for discussion. And they could have refrained from the “disrespectful theatrics” of tearing up the report.

The group asks the commissioners to reinstate Hillicoss on the Planning Board. His seat is open for appointment. Hillicoss is seeking reappointment. Five other applicants have been interviewed for the position and a decision is scheduled to be made on Tuesday, January 19.

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Citizen group petitions Sheriff and Commissioners

By Michael Howell

A questionnaire has been submitted to the Sheriff and the County Commissioners with an unsigned cover letter, asking them to agree to several points that the petitioners believe are “lawful obligations” embodied and required by the U.S. and Montana Constitutions. The letter asks for a response no later than January 30 to be delivered to an organization called Celebrating Conservatism at a post office box in Hamilton. A petition with about 175 signatures was submitted along with the questionnaire urging the officials to sign on.

The document asks the Sheriff and Commissioners to agree to use the term “peace officer” rather than the current “law enforcement officer” and embrace the concept that all county officials are “servants of the Citizenry.”

They are asked to require all federal employees and other federal representatives to obtain written permission from the Sheriff with support of the County Commissioners prior to approaching any county citizens.

The document seeks agreement by the Sheriff and Commissioners to “absolutely prohibit all efforts, Federal, State or city, that infringe upon the right to keep and bear arms including the requirement to have a permit to carry a concealed weapon and restrictions on the kinds of weapons one may possess and carry, e.g. fully automatic, silenced, length of barrel, length of blade, opening mechanism of knife, etc.”

It asks officials to agree to prohibit mandatory vaccinations as well as mandatory quarantine “unless by County Health officers and the quarantine be home restriction only.” It would also preclude collection of any census data other than the number of adults in each home.

It would also prevent federal EPA employees or state employees from entering the county without permission from the Sheriff. The document states that most of the environmental regulations are based on the “dubious assumption that there is such a phenomenon as global warming.”

The document also states that it is the Sheriff’s duty to form and command a County Militia composed of able-bodied Citizens 18 years or older.

“Women must serve, but not in a combat capacity unless the men are in danger of being overrun,” the document notes. The Sheriff is to supervise the training of the Militia for three weeks each year and those not willing to serve will be relegated to noncombat services.

The document clarifies that the term “federal employee” applies to any “federalized” person “attempting to enforce a Federal agenda, e.g. city police enforcing weapon control, school officials enforcing mandatory vaccinations, etc.”

It asks officials to make a twice-yearly financial report and to agree that if they fail to execute all these “lawful obligations” that they may be immediately suspended and face a Grand Jury hearing.

Chairman of the Board of County Commissioners Greg Chilcott said that he was “not going to sign anything that I don’t understand.” He said he was not sure what was really being asked of him as a county official. He said that he was sympathetic to the concerns of people about the federal government’s intervention in local jurisdictions at times. But he considered the oath of office that he and other officials took to uphold the U.S. and Montana Constitutions as sufficient to require them to enforce it.

“Of course, the Constitution, like the Bible, can be interpreted in a number of ways, but ultimately the constitutional questions are settled in the courts,” he said.

Commissioner Carlotta Grandstaff said simply, “No, I’m not signing it,” and declined to comment any further.

Commissioner J.R. Iman said that he had not read it as of Sunday evening, “but, without reading it, I do believe we have adequate depositions and statements of office and it is not necessary to make any additions,” he said.

“No, I’m not going to sign it,” said Commissioner Jim Rokosch. “There’s no question in my mind that I have faithfully upheld my oath of office. If anyone has specific knowledge of any time I haven’t, I hope they will let me know,” he said.

With respect to the specifics of the document, he said, “I don’t believe we have the authority frankly to act in such a manner.” He said that trying to restrict any federal employee from talking with a county citizen without some written permission sounded unconstitutional to him.

“I’m not a constitutional lawyer, though. We have turned it over to the County Attorney for review,” said Rokosch.

Commissioner Kathleen Driscoll said, “I don’t feel comfortable signing anything without legal review.” She said that the document was asking for detailed things that may not match up with the Constitution, just like the minority report from a member of the Planning Board that the commissioners received recently.

“From my brief reading I don’t think this thing lines up with the Constitution,” said Driscoll.

Sheriff Chris Hoffman said that he had read the document thoroughly and that it was worth noting that although it was addressed to him and all the county commissioners that the demands being made were all related to the duties and obligations of the sheriff.

“I know there are some people in the county that don’t believe I should be able to give out concealed weapons permits,” said Hoffman, but there is also a lot of misunderstanding about the permits. He said carrying a weapon, concealed or not, was not allowed by law in certain places like courthouses, schools, and where alcoholic beverages are being sold, etc. But a person can carry a concealed weapon in the county although they may not be able to do so inside certain city and town limits without a permit.

Hoffman said carrying guns has been an issue lately, since Bill LaCroix asked the County Commissioners to ban weapons from the Ravalli County Fairgrounds. He thought the county could ban guns if there was some public safety issue.

“But so far I’d say there has not been a safety issue out there,” said Hoffman. “There has not been a problem with weapons. No one has been threatened with a weapon. It appears to me there is no reason to do it.”

As far as setting up a County Militia, Hoffman said, “Absolutely not.”

He said that with only three weeks of training a year it would not be a viable force.

“You could call it a Sheriff’s Militia, or whatever,” said Hoffman, “but practically I would have no control over it and it would not be effectively trained.”

Hoffman said that he had a well-trained Reserve Officer force that he can count on. He said he tries to keep the number of reserves below the number of sworn deputies to ensure that the reserves have proper training and oversight.

Hoffman also said that he was afraid that a lot of people had signed on to the thing without knowing the details of what was being demanded of him.

“I’ve talked to some of the people that signed it and, frankly, they say they didn’t understand what the details were. They thought they were just asking public officials to live up to their oath,” said Hoffman.

Hoffman said the document looked to him to be asking him to re-take his oath. He said that when Richard Mack was scheduled to speak in Hamilton that he was asked to take the oath of office with Mack presiding and refused.

“I have taken the Sheriff’s oath of office twice before God, my community and my family,” said Hoffman. He said that taking a second oath to promise to keep the first oath didn’t make sense.

“Either my word is good, or it is not,” he said. “If some people think my word is no good then they can say so at the ballot box. I believe I have upheld my oath of office.”

Mona Docteur, a founding member of Celebrating Conservatism, said that her group was not sanctioning the petition. She said that Celebrating Conservatism was simply letting the petitioners use their P.O. box to receive replies from the Sheriff and Commissioners.

“But there are individuals from our group that do support the petition,” said Docteur. “The group did not sanction it, but I signed it.”

Docteur said that she was in agreement with the details of the document. She said that she supported the formation of a County Militia.

“If you read the constitution,” she said, “if you read the definition of a militia, every able bodied citizen may be a part of the militia.” She said that her main concern was in terms of some disaster, like hurricane Katrina.

“If we have a disaster like that, a major disaster, the existing agencies will not be enough. They will need our help,” said Docteur. She said that the word ‘militia’ had been demonized.

Docteur also said that she was abslolutely against any mandatory vaccinations or quarantines.

“It should be an individual choice,” she said. “People should have to volunteer for something like that.

As far as taking the oath a second time goes, she does not understand why any official would be reluctant.

“I think people just want to be reassured that they will live up to their oath and protect the Constitution,” she said. She said at one time she did not have the same understanding she does today about what the oath means.

“They don’t have to sign this oath,” said Docteur, “but I’m not the only one who will be disappointed. It would be great, though, if it could lead to some real dialogue about what we can really do to be prepared to protect the whole county in case of disaster.”

Robert Gairing, of Stevensville, said that he was one of several authors who helped prepare the document, but that authorship was largely irrelevant because the document was about principles and should stand on its own.

Gairing said, “The Militia aspect is not where I’m most erudite.” But he does believe that we need one.

“Basically we have to return to Constitutional government at every level of government,” he said.

He said that the current government is absolutely not following the Constitution. He said the Constitution makes private property inviolate. He called property taxes “an abomination.”

“What we wanted to do with this petition,” said Gairing, “is to further clarify what was included in the constitutional government so there would be no mistake. So we added some definitions.

“It’s not an exhaustive account,” he said, “but these are things that come from principles embodied in the Constitution.”

Gairing also submitted a letter to the Town of Stevensville recently warning them about a United Nations agenda to take over control of sovereign countries like the United States. He said that all levels of government – federal, state, county and municipal – need to be aware of the threat and it underscores the need to return to truly constitutional government.

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No president yet for Stevi Council

The Stevensville Town Council ended up tabling its efforts to elect a new Council President at its first meeting of the year on Monday, January 11. First councilor Robin Holcomb nominated newly elected councilor Pat Groninger for the presidency, but the mayor declared it dead for lack of a second. Then councilor Desera Towle nominated councilor Clayton Floyd for the job. That nomination too was declared dead for lack of a second. After a short break the mayor announced that it had been determined that no second was required in a nomination process and a vote was conducted. Floyd received two votes, his own and Towles’. Groninger received two votes, his own and Holcomb’s.

Town Attorney Keithi Worthington noted that after some research she could find nothing in any ordinance or rules defining the position and duties of a council president, although in the past the president of the council has performed the duties of mayor in the mayor’s absence.

The matter was finally tabled to be taken up at the next meeting.

Committee designations were assigned for the council members with Pat Groninger serving on the Airport and Personnel committees; Clayton Floyd on the Water and Sewer, and Streets and Alleys committees; Robin Holcomb serving on the Parks, Cemeteries and Police Department committees; and Desera Towle serving on the Fire Department, Planning and Zoning committees.

The council decided at a previous meeting to see if the state was agreeable to allowing any extra money from a $38,000 grant to repair the roof of the storage building to be used toward swimming pool repairs. But since no information was available concerning that inquiry it was agreed to move ahead with the roof project. A leak in the Town Hall roof was also discussed. A motion was made to approve putting both roofing projects out to bid with the bids to be awarded by February 8. The motion was unanimously approved.

After some discussion about the rising costs of municipal prosecution, a motion was approved unanimously to raise the Town’s prosecuting attorney’s yearly salary to $20,000. With only half the fiscal year done he has already spent $12,000 of the $16,000 that was budgeted. Town attorney Worthington said that public prosecutors were helpless to address the rising costs of litigation. She said it had more to do with developments in the public defender’s office. She said they were taking more cases to trial and more of those cases were going to jury trials and more of the verdicts were being appealed, all leading to rising costs for the prosecution that the prosecutor has no control over. The council unanimously approved the motion to raise the salary to $20,000.

In an effort to clear up any title questions related to the installation of a new water main as part of the Town’s water system improvements, the council approved unanimously a motion to begin a Quiet Title action over a strip of land that was deeded to George May in 1820. The strip of land is 30 feet wide and 180 to 200 feet long. Clearing up of the title questions and gaining the required easement is crucial to receiving a $100,000 grant from the Army Corps of Engineers for the water project.

The council approved a letter drafted by Town Planner Ben Longbottom to the County Commissioners concerning the Island Park subdivision. The County is reviewing the subdivision proposal. The Town has made a recommendation to the county that it require the construction of a connecting road between that proposed subdivision and the adjacent existing subdivision of Park Place. Both are located just south of town, but within the Town’s ‘zone of influence’.

The Park Place Homeowners Association has objected to the road, claiming it would increase traffic and maintenance costs in their subdivision. The County Commission continued its meeting over the subdivision proposal and asked the Town to reiterate its concerns in a written letter for Commission to consider.

Councilor Floyd suggested that the issue did not need to be addressed until the subdivision was annexed into the town.

Longbottom disagreed. He said that the plat of the Park Place subdivision and the deeds of property owners there show that there is a public road easement through their subdivision. He said the county also has requirements for connectivity between subdivisions in its own regulations.

Councilor Towle said that although it functions now as a private cul-de-sac in the subdivision, it was never meant to be one and the public easement was included on the plat and on the property deeds. She said Longbottom’s letter should be approved.

The Council unanimously approved the letter to be sent to the Commissioners.

The council also approved three contracts related to a CDBG grant application for setting up a tax increment finance district related to extending sewer services to Selway Corporation. The project includes two grants, one for $20,000 with a match and one for $10,000 for the Preliminary Engineering Report. A fourth contract, involved in that process, for a feasibility study, will be considered at a future meeting.

The council also gave HDR Engineering the go ahead to help get the Town on the State Revolving Loan fund list as a potential candidate for loan and grant funds related to the sewer improvements.

Police Chief James Marble said that the Stevensville Police Department had responded to 334 incidents in 2009, a jump from the previous year when there were only 190 responses. In 2010 the Department made 125 arrests: 19 juvenile arrests, 23 domestic assaults, 1 rape, 60 regular assaults, 7 burglaries, and 48 thefts.

Fire Chief Jeff Motley told the Council that the Fire Department had responded to 378 calls. 258 of those were medical in nature, 72 were fires, 11 were false alarms, and 43 involved vehicle accidents. Over 5,240 volunteer hours were logged.

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Stevi mayor, council members sworn in at private ceremony

By Michael Howell

At the first council meeting of the year, in response to a question from the public about the need to swear in the new mayor and councilors, Mayor Lew Barnett said that he and the councilors had already been sworn in at a private ceremony held at former Mayor Susan Evans’ house on December 31. He said it wasn’t necessary to do it at a public meeting.

Barnett later told the Bitterroot Star in a telephone interview that he received a call from Evans asking him to meet her at her house at 1 p.m. on December 31 so he could be sworn in. Evans was leaving town and did not want there to be a gap in authority in the transition. He said he attended the meeting thinking it would only be him but found that the newly elected Council members Pat Groninger, Desera Towle and Robin Holcomb were also present. They were all given the oath of office by Evans at that time.

Bitterroot Star Publisher Victoria Howell made an inquiry to Helena attorney Mike Meloy, who specializes in open meeting law. He said that the oath of office must be administered at a public meeting.

Stevensville town attorney Keithi Worthington disagrees. She said that nowhere in the statutes does it require that the oath of office be administered at a public meeting. She called the oath taking a “private” act by the individuals. She said that the law only requires that the signed oaths be placed on file at the county clerk’s office.

Howell said that the newspaper plans to bring the matter before the council at its next meeting.

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Martin Luther King Day celebrated with call to action

By Michael Howell

The Bitterroot Human Rights Alliance held its annual Martin Luther King Jr. Day celebration dinner last week in Hamilton. Guest speakers were the executive director of the Montana Human Rights Network Travis McAdams and longtime Bitterroot activist Stewart “Brandy” Brandborg.

McAdams gave a broad brush recount of anti-government and anti-environmental activity in the Bitterroot Valley and Montana, recalling the early days of the Posse Commitatis followed by resurgent activities in which the members call themselves Freemen, Patriots, Militia, Constitutionalists, and Sovereign Citizens. But all of these social and political movements share some broad themes, according to McAdams. He said they are generally conspiracy-based and believe that the system has failed due to widespread corruption of the political elite sometimes identified as the Jews, sometimes the international bankers, sometimes just the government.

“They generally believe that the system has been corrupted to the point that it cannot be saved,” said McAdams, “which makes it an easy jump to revolution and insurrection as the only answer.”

He said these groups generally believe that they alone have access to a “higher truth,” that they alone understand what God and the Founding Fathers really meant in the Bible and the Constitution. The philosophy is also based on a hardcore dualism that sees things in terms of ‘good and evil’, ‘black and white’, and you don’t argue or discuss compromise with evil, according to McAdams. Evil is to be eliminated.

McAdams said that most of the conspiracy theorists see the United Nations as the bad guys and believe an invasion of America by international forces is being planned and these groups are our only line of defense. He said that many of the groups are preoccupied, perhaps obsessed, with the role of the local County Sheriffs. They see the County Sheriff as the highest legitimate law office in the land.

“What’s going on in the Bitterroot right now is not new,” said McAdams. He said that there are many aspects of the current social scene that fuel such anti-government conspiracy groups. They include having a black President, the depressed economic climate, the bailouts and the stimulus funds, the loss of homes and jobs.

“You could call it a perfect storm for the resurgence of right wing extremism, the perfect conditions for an extremist backlash,” he said.

He said that the recent activities of the group Celebrating Conservatism in the valley raises some concerns. He said the speakers that this group is helping bring to the valley show a link to right wing extremist thinking that is bound up with white supremacist ideas that cannot be condoned. He mentioned the latest talk hosted at the Ravalli County Fairgrounds where Red Beckman was the guest speaker. He said that Beckman was an avowed anti-Semitic who believes that the killing of Jews in the Holocaust was divine revenge for their killing of Christ.

“There is no way to legitimize him,” said McAdams

McAdams said that many people being drawn into this type of hate philosophy and anti-government conspiracy camp can still be reached if those who care only reach out to them. He said by establishing personal relationships, providing education and information, by talking to friends and neighbors and writing letters to the press and to public officials, a person can make a difference.

“I’m here to say, ‘come out swinging’,” said Stewart Brandborg. “In the Bitterroot we are failing.” He said that while the extremists are shouting, screaming and raising a ruckus, too many good people are sitting silently and letting them disrupt the public processes. He quoted from Dante’s Inferno to the effect that “Those who stand in silence get a special place in hell.”

“There is always a litany of reasons to do nothing,” he said. “I’m too busy. I’m burned out. But the time has come for the good people of the Bitterroot to get up off their duff, out of their easy chairs and stand up and speak out and say ‘It’s got to stop’.”

Brandborg criticized the current County Commissioners for not enforcing civility and respect at their meetings. He said the latest meeting about Ben Hillicoss’s minority report from the Planning Board was a prime example of “the failure to use the gavel.”

He said that big money is flowing into the valley and in conjunction with right wing extremists groups was bent on disrupting and nullifying the public processes that are crucial for a vibrant democracy.

“We all need to stand up now,” said Brandborg, “and speak out for civil discourse in our homes, in our businesses, in our churches and in our government.”

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Comment period on proposed septic dump site extended again

The public comment period for a proposed permit to dump septic and grease trap waste on a site near Stevensville has been extended once again. The new deadline for submitting public comments about the project is January 20, 2010. A public meeting has also been scheduled on that day at St. Mary’s Family Center in Stevensville from 6 to 8 p.m.

The Department of Environmental Quality issued an environmental analysis of the project last October. It was re-issued with supplemental information in December and the deadline for public comment was extended. Now the DEQ has extended the deadline again and arranged for a public meeting to answer lingering questions about the proposal.

Kelly Dale Brown of Browns Septic Services Inc., has submitted an application for a permit to apply the waste on land owned by Ed Cummings, owner of the Shearbrook Ranch off Highway 93 just north of the Stevensville Junction.

Brown proposes to dump an estimated 100,000 gallons per year of septage and 5,000 gallons per year of grease trap waste on about 120 acres of Cummings’ land. DEQ states in the EA that the dumping is not to exceed 28,846 gallons per acre per year.

The proposal has drawn heavy criticism from other landowners in the area. Montana Trout Unlimited has also weighed in on the process. In a letter of public comment the group’s director, Bruce Farling, noted that while land application of waste with some primary treatment may be beneficial for agricultural purposes, “This proposal, on the other hand, appears to utilize the third-world approach of dumping raw sewage on the ground.”

The EA has also been criticized for not properly evaluating the potential effects on the river and on wildlife. The area is considered by FWP as winter range for elk. Neighbors are also concerned about the potential odor.

In the EA, both the original and the supplemental, DEQ officials recommend approval of the permit. The department considers land application of septage an “economically and environmentally sound practice.” In this case, according to DEQ, the proposal meets all the state’s legal guidelines and set back requirements. The Ravalli County Environmental Health Department has also recommended approval of the permit.

A copy of the supplemental EA may be viewed on the internet at deq.mt.gov/ea/SepticPumpers.asp. Concerned residents have established their own web site at www.bitterrootsepticdump.com.

Comments may be sent to Waste and Underground Tank Management Bureau, Solid Waste Program, P.O. Box 200901, Helena MT 59620-0901, or e-mailed to wutbcomments@mt.gov.

Oral and written comments will also be accepted at the meeting scheduled in Stevensville on January 20.

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FWP Commission denies petition to close hunting on portion of Mitchell Slough

The Montana Department of Fish Wildlife and Parks Commission voted unanimously last Thursday, January 14, to deny a petition to close a portion of Mitchell Slough to hunting, but did direct FWP officials to work with the landowners in the area and sportsmen to possibly develop an access plan for hunting on the slough.

Following an eight-year-long court battle over public access to Mitchell Slough, the Montana Supreme Court ruled unanimously in November, 2008 that the slough was a natural stream and open to public recreational access.

Landowners John and Kathy Lewis then filed a petition in the summer of 2009 to close hunting on the half-mile stretch of the slough that borders their property. They argued that the slough along their property was too winding and narrow to allow for hunting because it was highly likely that ducks, once shot, would fall on private property where the hunters are not allowed and end in wasting the game. They also argued that, due to its winding and narrow course, shooting on the slough would be dangerous to local residents and their livestock.

The closure proposal was highly controversial, drawing strong comments from both sides at a public meeting this past December. In the end, FWP received about 1,584 comments from people across Montana and the nation. FWP Regional Director Mack Long said that an overwhelming number of the comments were in favor of leaving the slough open to hunting.

Long said that the decision was a good one in that it protected the decision by the Supreme Court but also left open the possibility of working with landowners and sportsmen to address concerns about hunting on the river channel.

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