Volume XIX, Number 47

Wednesday, June 16, 2004

Page One News at a Glance

Stevensville School considers policy changes

Septic issues raise a stink

Stevensville to lose two police officers

Driscoll to attend national convention

Volunteers create 'Hideout Mountain'

Stevensville School considers policy changes

At the June 8 meeting of the Stevensville School Board, trustees reviewed and considered possible changes to school policies concerning the showing of videos in the classroom and the school's dress code.

The issue of showing R-rated movies in the classroom was recently brought to the the attention of the school board by a complaint raised by Tim and Ghia Huckstep. The parents complained that their child was required to watch the R-rated movie "Bowling for Columbine" being shown in a history class taught by Mike Hunter. Issues surrounding that complaint were discussed in a closed session of the Board due to privacy considerations. In the open session of the Board meeting Trustees did, however, review the current policy, listened to public comments concerning the policy and considered changing it.

According to Board Chairman Jim Cloud, the school's policy does allow for the showing of R-rated movies in class if the movies are related to educational curriculum and approved by the administration. There are standard forms available for teachers which are then submitted for approval or disapproval of the request. Records submitted at the meeting indicate that the High School Administrator received a total of 24 requests this year. Of that total six were R-rated and two of those were not allowed to be shown. The R-rated movies approved for showing included "Taxi Driver," "Fargo," "Glory," and "Saving Private Ryan." The two R-rated movies that were not approved were "Raging Bull," and "Pulp Fiction." "Bowling for Columbine" was not among the list of movies submitted for approval or disapproval, although Cloud did say that the movie received initial approval from the administration but was not fully shown following the complaint that was received. The Hucksteps invited board members and others present to view a portion the video "Bowling for Columbine" and the meeting was adjourned for several minutes so that anyone who wished could view an excerpt from the film.

Board member Bill Goslin said, "I wouldn't jump to a prohibition of all R-rated movies." He did say, however, that he believed parents should be notified and approve their child viewing it. He also stated that the movie should be closely related to the curriculum and suggested that a list of movies proposed to be shown during the year be distributed at the beginning of the year.

"I think we need some flexibility," said Goslin.

Bud Recht, an attorney representing the Hucksteps, suggested that showing videos without prior approval of the film maker could violate copyright laws, although he did admit that there is a "narrow exception" to that law when it is for educational purposes, is shown with a teacher present and is relevant to the current curriculum.

Recht also expressed concern about the option of allowing individual students to not view the movie. He questioned what they would do while other students watched the video and whether that would be fair in terms of educational opportunity. He also stated that the policy should include parental consent.

Board member Kirk Thompson said that he had "personal reservations" about showing any R-rated movies in the classroom. He suggested that the policy needs a more explicit approval process.

Board member Ed Cummings said that he was not particularly comfortable with approval by any one person, claiming that it was too heavy a burden to place upon any single individual. He proposed setting up a screening committee, including parents, to review and approve the movies.

"I can't get too excited about a parental committee, especially if I get a committee that I don't agree with," said Cloud.

Cummings stated that by having a parental committee, the approval process would gravitate to the lowest common denominator and possibly discourage the use of videos in the classroom, implying that this would have a beneficial effect on teaching practices.

Cloud said that if limiting the use of videos as an educational tool was the aim, then the board should just limit the number that can be shown or prohibit the use rather than taking a roundabout course to achieve that end.

A motion was made to prohibit the showing of any R-rated movies, but after more discussion that motion was withdrawn and the matter was referred instead to the administration to present a draft proposal of a new policy at its next meeting. In the meantime, the district is seeking public comment on the issue (see notice on page 3).

The school's policy concerning dress codes was then brought before the board by Missy Sorenson. Sorenson said that some parts of the school's dress code were being enforced while other parts were not. She also objected to the fact that the elementary, junior high and high school had different standards. She argued that, given the close proximity of the schools and the interaction of students, the standards should be uniform for the whole school system.

There was much discussion about the issues of selective enforcement and what should or should not be permitted in terms of dress by both members of the public and the board.

Cummings said that he knew of a case in which a teacher lost his job after trying to enforce his school's dress code. He said that requiring teachers to enforce the policy placed a lot of pressure on them in a situation that is not always clear cut.

Goslin said that accepted standards and styles in society at large also complicate matter. He said that in a recent visit to a JC Penny his wife and daughter found that the longest shorts available in the store might not meet the school's standards. He also questioned the appropriateness of imposing the same standards in school as at after-school events.

In the end, the matter was referred to the administration to draft a policy based on all the concerns presented and present it to the board at the next meeting.

The school also received a memo from Montana School Board Association (MSBA) Executive Director Lance Melton concerning a recent Montana Supreme Court Ruling that seems certain to require that administrative meetings be subject to the state's Open Meeting Law.

This means that administrative hearings are subject to the same rules governing school board meetings, such as providing adequate public notice, identifying a presiding officer for purposes of executive session, providing an agenda, maintaining minutes, and providing an opportunity for public comment, both with regard to items on the agenda and with regard to any other item within the jurisdiction of the school district.

"A regular gathering of senior employees (the superintendent and central office administrators or the superintendent and building administrators) of a school district for the purposes of deliberating on matters of policy (...) should be considered meetings subject to the open meeting laws pending further analysis..." writes Melton.

Melton calls the latest court ruling part of an "increasingly predictable" trend towards broadening the reach of the state's open meeting laws. A detailed analysis of the ruling and recommendations and guidelines for compliance will be a part of the legal seminars provided by MSBA as part of their spring workshops.

In other business, the board received enrollment numbers that show an overall decrease in student enrollment from a high of 1,113 students at the beginning of the school year to 1,062 on June 4. The student count is broken down into grades on a month by month basis and copies may be obtained at the superintendent's office.

The board also received an update on the general fund and a final copy of the Community Grade Card. Copies of the budget figures and grade card are available at the superintendent's office.

In other business the Board:

- thanked outgoing Board member Rita Tate for her service
- accepted the resignations of Ken Greer and Kay King. Greer is retiring from his position as boiler operator and King is retiring from her position in the Resource Room and is moving out of state.
- thanked the owners of 1888 Metal Arts, Robert and Kate Lutzenhiser and Dale Walker, for sponsoring a show of student art at their gallery in Stevensville
- heard a glowing report from Mark Hurd concerning the school district's participation in the Bitterroot Special Olympics.
- received a copy of the Mission Statement of the Stevensville School Parent Network
- granted a leave of absence to Jim Wood for the first semester of the next school year
- received a preliminary draft of the 2004-2005 General Fund Budget.

The next monthly meeting is scheduled for Monday, August 9, unless a session is needed Tuesday, July 13.

Septic issues raise a stink

By Michael Howell

The Ravalli County Commissioners heard from Planning Director Patrick O'Herren and their Civil Counsel James McCubbin on the touchy topic of multiple septic permits on land parcels at a meeting on May 18.

Both the Planning Director and the County's Deputy Attorney agree that a second septic would create a new parcel whether it is owned or rented. Therefore everything must go through the subdivision review process.

According to minutes of the meeting, O'Herren indicated that the issue came to his attention while reviewing proposed revisions to the county's subdivision regulations. O'Herren also had received an inquiry from a local attorney asking whether the county would approve of a second home on an existing parcel. His office made the determination that the second home would not comply with the existing law.

Deputy County Attorney James McCubbin arrived at a similar conclusion when he examined a request from the Sula Fire Department to lease a portion of a parcel for some fire station buildings. McCubbin determined that the fire department must go through the subdivision review process. He stated that he is aware that there are many mother-in-law cabins, rentals, and leased buildings out there, but he could not ignore what he was reading in the law.

O'Herren stated that the subject is very controversial and has sometimes been enforced and sometimes not, but that it was important to be consistent. He felt it was important enough to bring it to the commissioners rather than leaving it as a planning staff decision.

Environmental Health Department Director Theresa Blazicevich, who also attended the meeting, wondered if she should wait for planning review before moving forward on such septic permit requests.

Planning Board member Frankie Laible found the interpretation objectionable, stating that it would make the living quarters above her barn for her ranch manager a subdivision and their third septic for their barn restroom would also constitute a subdivision. She said that she did not feel that this was the intent of the legislators and said that her husband, Senator Rick Laible, plans to bring this issue up in the next legislative session.

McCubbin stated that he was not sure what parcels would be grandfathered in if the Commissioners enforce the law according to his interpretation.

Former County Sanitarian Jake Kammerer said that this issue was already addressed by a past Commission and that it was determined then that as long as no title was transferred that no subdivision had been created.

Terry Nelson of Applebury Survey agreed with Kammerer and quoted book and chapter from subdivision laws.

McCubbin disagreed and reiterated that if you create a mother-in-law apartment separate from a house then you are creating a subdivision. He conceded that if you put a small apartment above a garage that is attached to the house you are not. He said that one problem that occurs is that people put the guest house up and then later want to sell the guest house on a parcel of ground. They then claim that they are not creating a subdivision because the house has been there for some time.

O'Herren agreed, stating that possession of a piece of land is different from holding title. A renter or leaser is in possession of the land. He also cautioned the Commissioners, however, that this interpretation of the law could triple the planning staff's work load, as these types of subdivision come up for review.

Several people commented in objection to O'Herren's interpretation of the law.

O'Herren stated that until the Commissioners make some decision the Planning Office will rely on the opinion of Civil Counsel James McCubbin.

Developing consultant Leonard Shepherd questioned if any other counties interpreted the law this way and if they did not were they illegal?

McCubbin stated that any county that did not enforce the law would be in violation. He said that he did not see any ambiguity in the law. The question is whether they want to enforce the law, he said.

Commissioner Greg Chilcott stated that as elected officials they are obligated to work under the law and they cannot pick and choose what they want to enforce.

Several developing consultants expressed their disagreement with McCubbin and O'Herren's interpretation.

Jim Mildenberger stated that there are really two different issues. One is septic approval and the second is the subdivision issue where you go through planning. He said that if other issues lead to disqualification for subdivision then the septic approval would not be used.

Planning Board member and developer Chip Pigman asked if the law allowed for a second septic.

McCubbin agreed that it is legally allowable, particularly if you want to have a septic in the middle of a field without a house. But he stated that it is important not to give the false impression that having a septic means you are able to have a house. He said that a coordinated effort is needed between the planning and environmental health departments.

The Commissioners decided to have the departments do more research into how other counties handle the problem. The issue was initially placed on this week's agenda for reconsideration but has since been removed from the agenda.

McCubbin followed up the May 18 discussion with the commissioners with a memo dated May 20, summarizing the Montana statutes relating to subdivisions for lease or rent. It included a reference along with copies of two Attorney General Opinions relating to the matter. In the 1984 Opinion, the Attorney General addresses the definitions of a "division of land" and "subdivision" and, McCubbin points out, in the 1985 Opinion the Attorney General "reiterated the 1984 holding, finding in part that a second dwelling on a parcel constitutes a division of land’ and thus a subdivision’ where possession of the second dwelling will be taken by a family member."

McCubbin also forwarded to the Commissioners a letter from former Ravalli County Planning Director Tim Schwecke to Ed Cummings, a landowner near Stevensville, informing Cummings that the rental or lease of a 50-acre portion of his 160-acre tract of land would constitute a subdivision and require public review under the subdivision laws.

In other business, the Commissioners denied a request from K.C. Kollenkark for a subdivision exemption for a boundary line relocation, stating that they found it to be an obvious subdivision that should be presented to the Planning Board for public review.

Kollenkark argued that he was simply shifting property lines on 950 acres that already contained 42 twenty-acre lots and that the same number of lots would remain after the boundary lines were changed.

Civil Counsel James McCubbin disagreed, saying that it was absolutely clear under the law that this is a subdivision. He welcomed any response from Kollenkark's attorney but said he had to date received no reply or any new information.

Kollenkark argued that the Commissioners had approved other boundary line changes that were similar to his.

McCubbin responded that Kollenkark was proposing to develop 42 homes in a multi-million dollar project without any public review.

Commissioner Chilcott asked why Kollenkark did not want to go through the public review process. Kollenkark stated that he did not want to go through the process.

Planning Director Patrick O'Herren agreed with McCubbin and called Kollenkark's request a clear attempt to evade the law. He said that it was not a bad development but that it needed to go through subdivision review.

Kollenkark continued by pointing out that the Commissioners and Missoula Commissioners had approved similar boundary line change requests.

Commissioner Alan Thompson remarked that there is a difference and that Kollenkark's request was clearly an evasion of the subdivision requirements. He accused Kollenkark of subverting the subdivision regulations by attempting to do this.

Kollenkark insisted that he had still not been told why his request constitutes a subdivision. Thompson reiterated that it was clearly a subdivision.

Chilcott agreed, saying that he was relying on experts, planners and his attorney, adding that it also looks like a subdivision. He said that the project looks good, but that he didn't see where the public gets to weigh in on roads and public safety issues.

McCubbin added that the boundary line changes concentrated the development in one area, impacting roads, water and public health and safety.

In the end Commissioners Thompson and Chilcott voted to deny the request and Commission Chairperson Betty Lund abstained from voting.

Stevensville to lose two police officers

By Michael Howell

Stevensville Police Chief Lewis Barnett and Officer Lance Foster both turned in their resignations to the Stevensville Town Council effective at the end of the month. The Town has been advertising unsuccessfully for an officer for over a month and the resignations of Barnett and Foster will leave the Town with only a single officer.

Barnett has served as Police Chief since 1983.

"As with any long time employment there have been high points and low points," wrote Barnett in his letter of resignation, "but overall I have enjoyed my time here and appreciate the support of the citizens of Stevensville and Ravalli County. As a result of their support, the Stevensville Police Department has been able to maintain a low crime rate with a high percentage of conviction that has been very gratifying for a professional law enforcement officer."

Barnett attended the US Air Force Police School in the early 1960s and attended the Montana Law Enforcement Academy in the 1970s. He attended the FBI Command College in 1996 and Crisis Management in 1999.

Barnett began his career working for the Hamilton Police Department from 1975 to 1980. After that he worked in Richland Hills, Texas; Osburn, Idaho; and Benrook, Texas before taking a job with the Stevensville Police Department in 1983.

He is a Vietnam veteran and was a member of the Montana National Guard Special Forces. He earned a Silver Star, a Bronze Star, three Purple Hearts, two Distinguished Service Crosses, two Outstanding Investigations awards, an Outstanding Officer Award from the Junior Chamber of Commerce, a Good Neighbor of the Year Award, an Honor Award from the American Police Hall of Fame, and was a national candidate for Police Officer of the Year.

Barnett said that he came to work in Stevensville from a large metropolitan area near Ft. Worth, Texas where the police are just badge numbers to the people and the people are just numbers to the police. What he loves about working in Stevensville is that he had a chance to get to know the people behind the faces.

"I love the people of Stevensville," said Barnett. "I love them to death. They trust me, and I trust them implicitly. I think that's one reason we have the crime clearance record that we have here. It's citizen involvement."

He remembers with gratitude how, when he lost his gun in a struggle with a criminal at a local cafe, the citizens jumped to his aid and chased the man down Main Street apprehending him. He also remembers with gratitude how, when he was injured in the line of duty, some women came by to clean his house, cook for him and some man even mowed his lawn.

He is taking a lot of memories with him into retirement.

"Some cases stay with you forever," he said. "Some are tragedies and some are not." Mostly, he says, he remembers the good he has done.

There was the old woman in her 80s, for instance, who had made many tape recordings with her deceased husband. Some kid broke into her home and stole the tapes. He was probably going to use them and record over them.

"But I caught the kid and got them back before that could happen and I will never forget the look of gratitude on that woman's face," said Barnett.

Barnett developed quite a reputation in Stevensville over the years for his soft approach to first time offenders, especially underage offenders. There is no telling how many people have had their wrist slapped by Barnett instead of getting a ticket or even facing jail time.

"A lot of people forget what it is like to be a kid," said Barnett. He recalled a young girl that he recently caught smoking cigarettes in an alley near the high school. She was worried about the trouble she had gotten into. Barnett told her to go home and tell her mom the truth, that she had been caught smoking cigarettes in the same alley that her mother had been caught smoking in 17 years ago. He said that her mom told him later that she had never smoked again after that incident. For Barnett, that is what makes the job worthwhile. It's not catching people in crimes and putting them away, he says, but in actually making a difference and changing someone's life.

"You never know what will become of a kid," he said. "A bad decision doesn't make you a bad person. It's just a bad decision. Everyone makes mistakes. It's how you handle them that counts. We all have integrity and the only one who can take that away from you is yourself."

Barnett said that when he gets a young offender in his office he tells him or her to go into the bathroom and look into the mirror. That's the person that got you into trouble, he says, if you don't like the looks of him, then change it.

He has only been seriously injured three times in his career and is very thankful that he has never had to shoot anyone in the line of duty. In fact he has never seriously injured anyone on the job.

At first, he said, there was some disappointment after doing all the hard work to solve a crime and catch the culprit to see the criminal get off and not get what they deserve. But after several years, he said, he realized that you just do your job and do it the best you can and leave the rest to others.

Barnett said that one thing he will not miss about his job is going to accidents. He will never forget the time he saw a man burn to death in his car when they couldn't get him out. Another thing he won't miss, he said, is going to City Council meetings.

He won't be idle in his retirement years, however, as he has already accepted a job working security at the Rocky Mountain Laboratories in Hamilton. He will continue to live in Stevensville because he loves the place and the people.

Driscoll to attend national convention

A Hamilton woman is going to Boston as a delegate to represent the Democratic Party at its National Presidential Convention. Kathleen Driscoll, Democratic legislative candidate for House District 88, will cast her vote for Presidential hopeful, Senator John Kerry. Driscoll is one of 18 state delegates. Party leaders chose Driscoll at the state convention in Billings over the weekend.

Dan Kemmis, state party leader, said, "Driscoll is committed to the people and land of Montana. She's intelligent, creative, and brings a high level of energy and enthusiasm to her public life. She's just the kind of person the Democrats need. We're lucky to have her."

"I'm thrilled," said Driscoll. "If Kerry wins it will change the face of America."

In November, Driscoll will face Republican incumbent Bob Lake in a district that comprises both Hamilton and Corvallis.

At the state convention Driscoll worked on Taxation, Education, Health Care and Agricultural Committees. The fourth generation Montanan said, "We Montana Democrats are common, down to earth people. For generations we have cared about the people who have been left out, and Montanans have been left out."

Volunteers create 'Hideout Mountain'

By Jean Schurman

Friday morning, the 'mountain' was more of an anthill with volunteers from Florence and beyond digging, pounding, sawing, raking and planting trees. By Sunday night, the anthill had become Florence's, and the valley's, newest playground destination.

The project began several months ago when a group of Florence children, parents, and others met to design the 10,000-square foot playground. The playground design firm of Leathers and Associates of Ithaca, New York had already been to Western Montana once, when they designed Dragon Hollow in Missoula. Now they set about designing one for Florence.

"This is not just for Florence," said Christy Parrott, the ramrod of the 'ants' Friday. "We want people to come here from all over."

The group raised $125,000 to fund the playground project but as of Friday morning they were about $8,000 short. They are selling 'pickets' for $30 each.

"We¹re looking for a sponsor for the walkway and we will need a maintenance fund," said Parrott.

The volunteers worked in shifts, with carpenters and grandmas working side-by-side. They cut boards for stairs, ramps, swings and other 'fun' things.

One crew was planting trees throughout the structure. Another was under a canopy, sawing boards. Another was preparing the walkways and bed so that a special mulch could be laid down.

"The mulch is made specifically so that wheelchairs can go through it," according to Parrott.

"We hoped to have about 80 people per shift," said Parrott. "In the mornings they kind of straggled in but after work a lot more came in." After work Thursday and Friday and on Saturday, over 125 people worked on the project.

Trapper Creek Job Corps sent down crews to help. The carpenters' union had at least 15 carpenters working Friday morning. Thursday afternoon, Florence school children sat on the tennis courts and coated screws with soap.

A crew of 10 or more stood by with food to feed the 'ants.' "We've had major donations of food from restaurants and stores," said Vickie Cornish, general coordinator. "4H clubs, church groups, and many, many individuals have helped to keep the workers fed and hydrated throughout their shift. They are walking through every so often to offer a snack and a drink, it's just great."

Sunday evening the ribbon cutting celebration was held. Now there are swings to swing on, a rock climbing wall to climb, a covered wagon to imagine in and Lewis and Clark murals for all to gaze upon at Hideout Mountain.