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Wednesday, February 23, 2011


Page One News at a Glance


County looks for new treasurer

Stevensville Town Council

Bitterroot Star not a pot dispensary

Hamilton City Council

Counterfeit bills passed in Stevi area

Legislative Roundup, Week 7




County looks for new treasurer

By Michael Howell

Embattled Ravalli County Treasurer Mary Hudson-Smith has resigned from office and the County Commissioners are advertising for someone to fill the position until the next general election in November 2012.

Since Hudson-Smith took office following the Republican sweep in Ravalli County elections last November, she has been unable to reconcile the county’s books for December. She also fell behind in making disbursements to some school districts, fire districts and other entities whose funds are handled and distributed by the county treasurer. She also had trouble handling the county’s investment funds.

The County Commissioners intervened and took her to task for her failures at a public meeting. Hudson-Smith complained that she had been left in the lurch by the previous treasurer with no instructions about how to perform her duties. But she insisted that she would be able to straighten things out once she got the office properly staffed. She was in the process of hiring a new clerk. The commissioners set up a committee to oversee the office and monitor the situation.

But some citizens took the initiative and started a re-call petition. Following that action Hudson-Smith tendered her written resignation on Tuesday, February 15. The resignation will become effective at the end of February. In the meantime Hudson-Smith turned over all her duties to Chief Deputy Clerk Marie Keaton and has not returned to work.

At a meeting last week the Commissioners officially accepted the resignation and made the decision to advertise statewide for a new treasurer. They hope to interview candidates for the position and make a choice by March 3 and have the new interim Treasurer on the job by March 7, 2011.

A few of the Commissioners expressed concern about the pace of the candidate review and selection, suggesting that it was possibly not enough time to either attract the best candidates or to properly interview the respondents.

Commission Chair J.R. Iman insisted that the need to get the office back on track was paramount.

“We need somebody to fix the money right now,” said Iman.

Iman asked Keaton if the office could function for a while without a treasurer.

Keaton said that the office could function on the level of day-to-day business with the public, but that she was probably not able to do the reconciliation and disbursements that the office has fallen behind on. Keaton said that she was busy triaging payments but would start looking at the books next week.

Asked by Iman if she had the experience required to reconcile the books, Keaton said, “No, I haven’t done it.

Human Resources Director Rob Jenni alleviated some of the commissioners’ concerns about the short notice for selecting a new treasurer by noting that the resignation of the current treasurer had been a top news story since it happened.

As a result it was finally agreed to advertise the job immediately and close the applications on Friday, February 25, allowing the selected candidate to start work on March 7. It was also decided to make the applications and the candidate interviews open to the public.

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Stevensville Town Council

Stevi wants ‘snowbirds’ to pay water bills

By Michael Howell

Councilor Pat Groninger cautioned his fellow Stevensville Town Council members last week that there was a loophole in the Town’s water and sewer bill collection policy big enough for “snowbirds” to fly through. He said some people who go to warmer climates for the winter, sometimes called “snowbirds” or “heat seekers”, have their water service turned off for several months while they are gone and don’t pay their bills.

“But you don’t get out of paying your bills just because you have your water shut off,” he said. He suggested that they be charged 50 percent of the water fees and all of the bond payment charges during the shut-off period.

Councilor Desera Towle agreed, saying it was like buying a car on payments and then saying that you don’t want to make one of your monthly payments because you did not drive the car that month.

“Some of these people are gone for six months out of the year, and that’s significant,” said Towle. She said that she thought a full charge was appropriate.

Councilor Robin Holcomb agreed with Towle that the absent owners should be charged full rates even if they are choosing not to use the water for a given period.

Mayor Lew Barnett suggested that a policy of charging 3 percent on late payments was also a good idea.

Councilor Dan Mullin noted that the Town’s current ordinances concerning collection of delinquent payments refers to a quarterly payment and the town has shifted to monthly payments. He said changes were needed to address the new billing procedure and the new rates.

The decision was postponed and a committee was established to write a draft resolution and ordinance addressing the snowbird issue and delinquent payments issue. The committee will also look into possibly establishing a fund for helping indigent residents pay their water and sewer bills.

COUNCIL REJECTS POLICE UNION CONTRACT

Without any real discussion the Town Council rejected a union contract proposal from the Teamsters Local #2 Stevensville Police.

Councilor Towle made the only comment, stating that “it came down to one thing: a closed or open shop.”

After a little confusion over how to vote on a negative motion, i.e. to deny the contract, the council voted unanimously to reject it.

In other business the Council:

• approved seeking statements of qualifications and experience from qualified airport engineers. Airport Manager Don Misevic told the Council that the Town is required by the Federal Aviation Administration every five years to select a qualified airport engineer.

• approved signing new leases on airport hangars for Dixon and Bush and authorized the Mayor to sign an estoppel note on a third hangar leased by Max Downing and Don Whitehair.

• approved recommending HDR engineer Tom Hanou for the job of resident project representative for the Stevensville Wastewater Treatment Plant (WWTP) improvement project.

• approved advertising in the Bitterroot Star for construction bids on the Stevensville WWTP improvement project. The Council left it up to the Building Inspector to determine what building permit fees apply to the project.

• tabled the purchase or lease of a credit/debit card machine until the contract could be examined at the next meeting.

• postponed a decision about supporting the Ravalli County Recycling Inc. grant till a resolution can be hammered out by the Mayor. The non-profit company is looking to apply for a DEQ Recycling Grant for $100,000 to establish a “hub and spoke” recycling operation in the county. The hub would be in Hamilton and the spokes extended to Darby and Stevensville. $50,000 would go to Hamilton for development of the hub and $25,000 each to Darby and Stevensville for development of the spoke operations.

• directed the Mayor to proceed with hiring an Interim Clerk.

• directed the Chief of Police and Bill Anderson to proceed with a traffic analysis of certain intersections in town to determine the most dangerous intersections and recommend remedies such as signage.

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Bitterroot Star not a pot dispensary

Sorry, folks, although the Bitterroot Star does sell a couple of extraneous items at its newspaper office on Main Street in Stevensville, like fresh espresso coffee drinks, farm fresh eggs and Bugoni’s Sausages, the newspaper definitely does not sell medical marijuana.

The issue came up after a new magazine recently hit the stands in Montana this month. Called Kush Magazine Montana, the magazine’s first issue released in Montana this February included a list of medical marijuana dispensaries across the state and the Bitterroot Star, located at 215 Main Street in Stevensville, was listed as a medical marijuana dispensary.

The newspaper staff was made aware of the error when a local medical marijuana dispensary owner, whose business is located just over a mile from Stevensville, dropped in to see if the Star was horning in on his business. He was especially upset because the competition would be illegal, since the Town of Stevensville has had a ban on medical marijuana dispensaries operating anywhere within a mile radius of the Town’s limits for over a year now.

He was relieved to discover that the newspaper was not really in competition with him. But it left the newspaper staff wondering how such a mistake could have been made in the first place.

Kush Magazine, which published the list of dispensaries, bills itself on its web site as a monthly medical marijuana lifestyle magazine distributed free of charge throughout California and Colorado 711 Stores, Blockbuster Videos, King’s Soopers, medical marijuana centers, medical marijuana dispensaries, medical marijuana collectives and doctors offices. The publishers claim that their list by city of medical marijuana dispensaries, and medical doctors that write recommendations for cannabis, is “comprehensive.” But it also apparently has some errors, or at least one error we can validate.

The Bitterroot Star has been making telephone calls since last Thursday to both the editor and publisher of the Calabasas, California based magazine to get the error corrected but has received no reply.

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Hamilton City Council

Discussion falters over purchase of park land

By Michael Howell

The Hamilton School District Board of Trustees rejected an initial request from the City of Hamilton to consider selling a three-quarter-acre piece of land currently called Kiwanis Park to the City for $30,000. The City would like to integrate it into the adjoining, city-owned River Park and possibly create a skateboard park at the site.

The School District Board of Trustees entertained the request at its Monday, February 14, meeting with some city officials in attendance. The school district’s letter in response, basically rejecting the request, was discussed at the Tuesday, February 15, Hamilton City Council.

Special Projects Director Dennis Stranger, who has been spearheading the discussions with the school district, said that he met with School Superintendent Duby Santee following the school board meeting and that further discussions were scheduled.

Stranger told the Council that he thought they had made a fair offer.

“I think they have underestimated the cost of cleaning up the junk on that property,” said Stranger.

Stranger said that he told the school superintendent that he should be embarrassed about the way he has maintained that property and that he was in violation of the city’s Junk Ordinance and probably in violation of the city Weed Ordinance.

He said that the superintendent responded by saying he was aware of that and that the board had discussed it after the meeting because they were shocked at the photographs they had been shown.

Stranger said that he hoped to get back with school officials soon and see if they can arrive at some agreeable deal.

“This is a great opportunity to do something for the whole community that we will all benefit from,” said Stranger.

Superintendent Duby Santee said that when the school board rejected the city’s offer it was only to make sure that the school was sure to get a fair price.

“They can’t make that kind of determination without an appraisal of the property,” said Santee. He said that although several board members are looking favorably on a potential deal, they also believe it is a prime piece of real estate and that the school should get a fair price. He said that since the property was not really offered for sale that the city should foot the bill for an appraisal if it wants to purchase it.

Santee and a small committee from the Board will be meeting with city officials on Wednesday, February 23, to consider the next move in the negotiations.

If approved by the School Board, the sale of the property would still have to be approved by the voters.

COUNCIL SUPPORTS GRANT FOR POLICE DATA SHARING

The City Council voted unanimously to support a grant application being prepared by the Hamilton Police Department in conjunction with SAFE and Ravalli County that would enable the city police to get up to date information from the county’s 911 system database when responding to local calls for assistance. The grant would come from United States Department of Justice, Office on Violence Against Women.

City Special Projects Director Dennis Stranger said that the need for such a coordinated system has been demonstrated as a result of incidences where city police officers have responded to calls without a current address or without any background information about possible past weapons violations and other sometimes pertinent information.

He said that a Memorandum of Understanding between SAFE, the County and the City would be needed along with the grant application. It was noted that Jim Olsen had volunteered to prepare the grant application at no charge. The grant, if awarded, does not require any matching funds. The deadline for applying is February 24, 2011.

The council authorized the Mayor to sign the MOU and the grant applications.

BULB-OUTS APPROVED FOR STATE AND 4TH STREET

The Council approved on a 5 to 1 vote, with Councilor Monson dissenting, to accept the low bid of $5,300 from RAM Engineering to construct bulb-outs on the sidewalks at the intersection of State and 4th Streets. PCI bid $7,700 and Bitterroot Engineering bid $6,500 on the project.

Councilor Helgeland noted that the City’s Transportation Plan had identified State Street as an area of concern for pedestrian safety and recommended construction bulb-outs as the best way to reduce the hazards involved in crossing such a wide street.

Councilor Monson had some doubts. He wondered if it was worth the loss of the parking spaces and thought it might make parking and pulling out actually more difficult than it already is, and could interfere with snow plowing.

Councilor Mitchell wondered if money could be saved by approving all three intersections on State Street and getting a bid on the combined project.

SPD Dennis Stranger said that in his opinion it made sense to do one first and see if it works as expected before committing to the other intersections.

The bid was awarded for the single project at State and 4th St.

In other business the Council:

• approved the Hamilton Volunteer Fire Department 2011 Department Officers and Roster.

• reappointed Kent Myers as the City’s Representative to the Bitterroot Conservation District for a three-year term ending December 2013

• approved a Minor Subdivision Request #2011-01 submitted by Dave Olson for the Polaris Minor Subdivision. This created a two-lot subdivision that allows for the autonomous billing for water and sewer to two separate commercial buildings.

• approved the application of paint or vinyl wrap by the 21st Century After School Program to the signal box at the corner of 1st Street and Adirondac

• approved the removal of the stop sign at the intersection of 2nd and Baker Street

• authorized the Mayor to write a letter in support of Ravalli County Recycling Inc.’s efforts to get a DEQ grant for a “hub and spoke” design recycling center in the Bitterroot Valley.



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Counterfeit bills passed in Stevi area

By Michael Howell

Several businesses in the Stevensville area received counterfeit money from customers last week. The counterfeit appeared in denominations of $100, $50, $20 and $1.

Rob Ralls, owner of Ole’s in Stevensville, said that on Sunday, February 13 his store received a counterfeit $100 and $20 from a customer. The Sheriff’s Office was notified and an investigation was begun. Then on Saturday, February 19, another young male customer tried to pass three counterfeit $1 bills.

Ralls said that his employees were on the alert and identified the $1 bills as counterfeit immediately and got the person’s identification. He said that upon questioning by the Sheriff’s Deputy, that person claimed to be innocent and suggested that he may have been given the counterfeit bills as change when he bought something at Cenex in Stevensville.

Cenex employees confirmed that they received some counterfeit $1 bills on Monday, February 14. Counterfeit bills were also received at Fiesta en Jalisco restaurant in Stevensville and at the Three Mile Store north of Stevensville.

Ralls said that his store provided video of the counterfeit transactions to the Sheriff’s Office.

“We have identified the persons passing the bill,” said Ralls. “We have names.”

Ralls also expressed some frustration at not being kept in the loop by the Sheriff’s Office once the investigation was begun.

Sheriff Chris Hoffman refused to discuss details of the case with the Bitterroot Star last Friday because the investigation was ongoing. He cautioned business owners to be vigilant and to alert their employees to be on the lookout for fake currency.

Ralls said that the counterfeit bills were good enough to pass if someone was in a hurry or working in dim light, but upon close examination the green color was a little bit off, the safety pattern woven into new bills was not visible and the bills were actually a little smaller than a real bill. He said it looked like the bills had literally gone through a washing machine and shrunk a little in the process.

“Once you examine them, they don’t look that good,” said Ralls.

The Sheriff did not return phone calls from the Bitterroot Star for an update about the investigation on Monday before publishing deadline.



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Legislative Roundup, Week 7

Montana’s 62nd Legislature lurches toward halftime

By Cody Bloomsburg
Community News Service
UM School of Journalism

HELENA – Legislators head home this week for a break, with the session’s biggest decisions – how to pay for education, social services and prisons – still to come.

So are final decisions on an array of controversial topics that include repealing or reforming Montana’s medical marijuana law, rolling back environmental regulations, and the “nullification” of federal laws on subjects ranging from health care to endangered species.

All of that was in play last week as legislators scrambled to jam bills under the falling stone door of Thursday’s transmittal deadline. Any non-financial bill that fails to pass at least one house dies that day. More than 230 bills still awaited action as of late last week.

Staffers were confident that they could do the job, but last week’s crush of legislation resulted in hasty hearings and frustrated Montanans, some of whom had traveled long and far only to be told there wasn’t time for them to speak.

Such was the case in Friday’s House Judiciary Committee, which drew a crowd for emotional hearings on a pair of bills dealing with Montana’s law against discrimination. The first would add protections for citizens regardless of their sexual orientation, gender identity or expression. The second would prevent cities from drafting their own ordinances granting such protections, such as one in Missoula.

Religious and social conservatives and members of the state’s lesbian, gay, bisexual and transgendered community packed the room and spilled over into the hall outside the hearing, but Chairman Ken Peterson, R-Billings, limited testimony from each side to 10 minutes.

That drew protests from some lawmakers who said it wasn’t fair to those who made the long drive to Helena. Peterson held firm but apologized for the time constraints and encouraged speakers to submit written testimony and sign the hearing list instead.

Human rights advocates held their own “hearing” on the second floor of the Capitol. At least 40 people showed up, including Sen. Minority Leader Carol Williams, D-Missoula, and Sen. Shannon Augare, D-Browning. Both said they felt the way the meeting was handled was an injustice.

Peterson's own effort to ease the crush of legislation was defeated 50-50 in a rushed floor session the day before. His bill would have allowed the Legislature to meet every year, alternating between budget and general bill sessions.

Battle of the budget

Amid the frenzy, Gov. Brian Schweitzer and the Legislature’s Republican leaders actually drew closer in their guesses of how much revenue Montana will take in over the next two years, but tempers boiled over the difference.

Brighter revenue forecasts released by the independent Legislative Fiscal Division drew accusations from Gov. Brian Schweitzer that the office has been short-changing projections on orders from Republican leaders, who, he said, are hoping to slash funding for social services and education.

“None of that is true,” said Amy Carlson, director of the division.

Republican leaders shot back, saying LFD’s higher projections justify their more cautious budgeting. The new forecast anticipates more money from higher-than-expected oil prices and fewer tax breaks, and not a strong economic recovery as the governor purports.

The new numbers are $97 million higher than the LFD’s November estimates but still $71 million less than Schweitzer's own projection. The number is crucial because it determines how much money the state will have to spend.

Schweitzer’s budget would increase spending on public schools, the university system and social services such as Medicaid, but his plan hinges on transferring money from other funds, including about $76 million in oil and gas revenues from resource-rich counties to schools statewide.

Republicans killed the governor’s bill to take that oil and gas money last Wednesday, saying they hope to replace it with a more modest bill that targets only those districts that truly have a windfall of oil and gas revenue.

That bill will be sponsored by Sen. Llew Jones, R-Conrad, who said Schweitzer's plan would have forced many of the oil-country school districts to raise local property taxes. Jones’ bill would shift about $30 million from oil country to schools statewide.

Energy and environment

Republicans continued their efforts to roll back conservation and environmental laws, including incentives to develop new sources of renewable energy.

Last week they blocked a bill by Sen. Kendall Van Dyk, D-Billings, to raise the amount of renewable energy utilities must buy to 25 percent of the total by 2025. That’s 10 percent more that utilities are required to offer their customers under a law passed six years ago.

Senate Republicans argued that such mandates only raise the price of energy. Instead, they are backing Senate Bill 109, which helps utilities meet the current requirement to buy renewable energy by allowing them to count existing purchases of power from hydroelectric dams.

Van Dyk said that virtually guts the 2005 law, which aimed to boost new investments in energy from the wind and other sources.

Republicans argued in last fall’s legislative campaigns that environmental laws were being used to block the development of Montana’s natural resources, including coal, oil and gas, and they have introduced numerous bills this session to counter that.

Last week’s hearings included one on Senate Bill 312, which seeks to change the Montana Environmental Protection Act to reduce delays and the risk of lawsuits for companies looking to begin projects.

Meanwhile, the House last week heard a bill from Rep. Joe Read, R-Ronan, who wants a state law stating that global warming is a naturally occurring process, not one caused by humans.

That runs counter to the findings of most climate scientists, including University of Montana professor Steve Running, a Nobel laureate who called Read’s bill “ridiculous,” according to an Associated Press story. He said lawmakers might as well pass a bill repealing the law of gravity.

On Saturday, the House voted 61-39 for a bill sponsored by Rep. Krayton Kerns, R-Laurel, to “nullify” the federal Endangered Species Act.

Bonds for buildings

Contractors, university officials and others last week supported a $90 million bonding proposal to finance construction of eight new state buildings. They said it would create much-needed jobs.

House Bill 439 would allow the state to take out bonds for new buildings at the University of Montana; Montana State University at Bozeman, Billings and Great Falls; a veterans home in Butte; and a state history museum in Helena.

Most of the projects would involve extensive renovation. Work at the universities would focus on College of Technology facilities and agriculture experiment stations, programs that directly benefit Montana’s economy, supporters said.

No money would be spent, or bonds sold, until state revenues exceed estimates for 2011 by $2 million. Most of the projects would go out for bid in 2012 or early 2013.

Abortion

Rep. Wendy Warburton, R-Havre, has proposed two ballot measures for 2012 asking voters whether abortion should be legal in Montana.

House Bill 490 seeks to amend the Montana Constitution to define a person as any member of the “species Homo sapiens at any stage of development, including the stage of fertilization or conception, regardless of age, health, level of functioning, or condition of dependency.”

Her other measure would ask voters to amend the Constitution to say Montana women have no specific right to abortion or to receive public funding for them.

Death Penalty

By a one-vote margin, the Senate last week passed a bill to abolish the death penalty. The measure now goes to the House, where it faces a tough battle.

Senate Bill 185, by Sen. David Wanzenried, D-Missoula, would replace capital punishment with life in prison without parole. The Senate passed a similar bill last session but it died in a House committee.

Reporter Cody Bloomsburg can be reached at 208-816-0809 or by e-mail at crbloomsburg@hotmail.com

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