Stevensville Town Councilor Clayton Floyd tendered his resignation “effective immediately” at the end of the last Council meeting held on June 16. Floyd’s resignation came in response to allegations made by Council President Pat Groninger. Groninger accused Floyd of exceeding his authority as a council member by taking actions on his own without council authority on a number of occasions. Groninger and Councilor Robin Holcomb (Councilor Desera Towle dissented) passed a resolution reprimanding Floyd for exceeding his authority. Floyd denied Groninger’s allegations, and said that his resignation has more to do with Groninger’s relentless attacks upon his honesty and integrity than with anything he did.

“I am not a quitter,” Floyd told the council. “I want to express in the strongest possible terms that I feel I have done nothing wrong in any of my efforts on behalf of this town.”

Councilor Groninger read from a printed memorandum at the meeting, stating that an issue had arisen about Councilor Floyd’s authority to act on behalf of the town. Groninger states that he became concerned and asked Town Attorney Keithi Worthington for an opinion regarding council authority, as well as any options available to a council to regulate its own members.

“A council member has no authority to act on behalf of the Town as an individual council member. The Town Council can only act as an entire body. An individual council member does not have the authority on their own to act on behalf of the Town without authority from the entire council. Further, an individual council member should not attempt to exercise any authority without first bringing it to the attention of the Council,” states the memorandum.

Four specific allegations are made against Councilor Floyd in the memorandum.

He is accused of exceeding his authority by having a conversation with the developer of the Twin Creeks subdivision, John Anderson, in which, “additional options were discussed,” and in which Floyd “made representations to John Anderson regarding what options the town might be able to take.”

He is accused of inserting himself into a personnel matter.

He is accused of directing the Town’s water rights attorney, Ross Miller, to seek a continuance of the DNRC water right permit hearing without informing the Council or getting Council consent.

Floyd is also accused of representing to a member of the airport board “that the Town would pay them money that is in dispute. This is a longstanding issue that is being addressed by the Mayor. The decision to pay money to the airport board was not decided by the entire Town Council, and therefore Councilmember Floyd has no authority to make this representation,” it states in the memorandum.

Floyd’s conversation with Anderson on June 4, following the work session held by the council on June 3, which serves as the basis for Groninger’s first allegation, was actually discussed at the same meeting as a preceding agenda item.

Floyd noted that he informed both the mayor and Groninger of his conversation with Anderson immediately following the conversation on the same morning. He said that Anderson contacted him with a few concerns after hearing about the work session meeting held the night before. Floyd said he told Anderson that he would be receiving a letter from the town attorney expressing the Town’s position. He said they did discuss options related to various concerns of Anderson.

Besides being concerned about the outcome of his recent counter offer to the Town concerning the well field, Anderson was also concerned about when he would be reimbursed for the costs of installing the well. He also thought that the Town, out of courtesy, should have given him a phone call about the work session. Although it was publicly noticed, Anderson had missed the notice and missed the meeting. Anderson also noted that the conversation he had with Floyd that morning was no different than any they had been having over the long and complicated history of the development, where they discuss the situation and options. He said that Floyd did not represent himself as making decisions for the Town.

“There were some discussions just trying to keep things rolling,” said Anderson.

Floyd noted that, in fact, the Council had explicitly given him authority to be the “point man” between Miller, the Town’s water rights attorney, and Anderson. He said that he has had many conversations with Anderson in carrying out this charge, that he diligently reported the conversations to the Mayor and Council, and that no one ever complained.

Later in the meeting, in response to the allegations, Floyd said, “I’m appalled at the accusations.” He said that he disagreed with the mayor, Groninger and attorney Worthington that his actions somehow created a liability for the Town. (Floyd told the Bitterroot Star in a telephone conversation after the meeting that the three had “ambushed me in my own office and raked me over the coals about all this prior to the Council meeting.”)

“If I was trying to circumvent Council’s decisions of Thursday, June 3, why would I call and tell them about that conversation? Point being I have gone out of my way to keep the mayor and fellow council informed any time a conversation has occurred mostly by e-mail with a copy to the Town Clerk for the record. Read a few,” said Floyd.

Floyd also noted that the issue of seeking a continuance in the DNRC hearing was an issue that was brought before the Council and approved as a matter of public record.

“I raised that issue with Council and explained what a continuance was and the Council concurred to the action. To say that I acted on my own is totally inaccurate,” said Floyd.

He claimed that he made no decision regarding the payment of money to the airport board, but only made a statement as to what he would be willing to take to the Council for consideration. He said that both the Mayor and Groninger were at the meeting and could have said something themselves, but didn’t.

Floyd did not mention the allegation about interfering with personnel matters, but later told the Star that it was the one thing he was accused of that was true. He said that he did step into a personnel matter that was being handled by the mayor and was sorry about it.

“I should not have done that,” he told the Bitterroot Star.

But, he said, lumping that mistake with some other trumped up accusations in order to publicly embarrass him was totally uncalled for.

With respect to the other matters, he said, “I did nothing wrong,” but “the manner in which my honesty and integrity were attacked by the above individuals led me to understand that there would be more in at least the next 18 months. Nobody gets to accuse me of dishonesty without bringing proof.”

When the question was called for, Groninger and Holcomb voted to censure Floyd and reprimand him for exceeding his authority on a number of occasions and warned him not to do it again. Councilor Towle dissented.

When Groninger asked fellow Council members if they had anything else they wished to say, Floyd announced his resignation. He once again denied the veracity of most of the allegations against him. Then he stated that the Town was facing a difficult time with two major utility projects and a budget in crisis. He said that a proactive effort would be required to turn things around. He thanked the citizenry for their support and the town employees with whom he worked.

Councilor Holcomb said, “I don’t have anything.”

Councilor Towle said, “I am deeply disappointed in everyone.”

Councilor Groninger said, “One statement I’d like to say. When I signed on for this position, it was to fulfill the term in which I left when I was mayor. I did not file for this issue or this issue alone as far as Clayton Floyd.” He said that he did not wish to do this publicly but had to since Floyd was a Councilor and a public official.

Groninger did serve part of a term as mayor. He resigned in the face of a recall election. A recall petition was circulated with over twenty separate allegations against Groninger. They ranged from sexual harassment in the workplace, intimidation, lying, theft, destruction of property and assault. Enough signatures were gathered to place the recall on the ballot. According to statute, Groninger had thirty days to answer the allegations in writing or resign. He chose to resign.

In other business the Council:

• approved payment of $4,862 to GeoMatrix out of budgeted amount for water right permit application process with DNRC. The DNRC hearing has been rescheduled for November 29, 2010.

• approved new swimming pool rates for 2010-2011 FY effective May 1, 2010.

• approved accepting Quit Claim Deeds from MRL for placing water and sewer lines across the tracks.

• approved placing an RFP for an auditor.

• approved a road closure on St. Mary’s Drive on June 23, 2010 from 4 to 9 pm.

• approved the appointment of Marty Birkeneder as Town Judge.

• authorized the Mayor to sign the transfer of airport funds agreement with Superior.

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Medicating the neighbors?

By Michael Howell

At the end of last week’s Hamilton City Council meeting, under non-agenda items for consideration, Councilor Al Mitchell brought up what he called a “a new twist on the medical marijuana issue.” He said he didn’t know if it was an enforcement issue, or something that should be sent to council, or the legislative committee of the council. He was walking his dog when a citizen approached him with a complaint about a neighbor burning his marijuana trimmings.

“They complained about having to inhale secondhand smoke on their front porch,” said Mitchell. He said they told him they had talked to their neighbor, but this was the second time.

“You know me,” said Mitchell. “I like the smell of burning maple leaves. So they are annoyed. I find it very relaxing.” There was laughter.

“This is socialized medicine,” said Councilor Joe Petrusaitis. More laughter.

“If we don’t have a law, I think we ought to send it to legislative for investigation,” said Mitchell.

“I’m tired of the medical marijuana issue,” sighed Police Chief Ryan Oster. He said that he wasn’t sure that the new burning ordinance applied but he thought the public nuisance law would.

“I think it falls under public nuisance, because I don’t think you have the right to give your neighbor ‘the munchies’,” said Oster. Councilor Nancy Joy Hendrickson noted that the new burning ordinance prohibits any open burning in the city limits and restricts the fuel used in fire pits to small pieces of wood.

“Since it is a medical marijuana issue, what they are doing is medicating their neighbors,” said Councilor Lynette Helgeland. “It crosses some pretty serious ethical and legal boundaries. No one could make me take a pill against my will. If somebody did that, that would be assault. We need to take this medical marijuana issue as seriously as it wants to be taken.”

Chief Oster said, “I would highly doubt that they would be burning anything with much THC content. So it’s probably just waste. It just stinks.” He said it wouldn’t have that much effect, but he did agree that it would fall under Public Nuisance and agreed to respond if the citizen would call in with some details.

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Hamilton council eliminates lift station charge to Stonegate residents

By Michael Howell

At its June 15 meeting, the Hamilton City Council held a public hearing and approved a resolution to eliminate the charges for the users of the Stonegate Lift Station, a facility of the Hamilton Municipal Wastewater System. The charges will be absorbed by the City of Hamilton.

The City Council approved elimination of the Stonegate fees some time ago but did not follow the legal public process required for changing rates for municipal utilities. As a result a few public hearings were scheduled to finally resolve the matter.

Charges were originally placed on the residents of the subdivision to cover the costs of lifting the sewage from the subdivision sewer lines to allow drainage through the city sewer system. But an agreement was made with the developer Chip Pigman that those fees would be dismissed once the City’s sewer main was extended into the area.

When this happened, however, the city sewer main came through at a higher elevation than expected, requiring the continued use of the lift station.

City councilors agreed that the fees should be lifted since the mishap requiring continued use of the lift station was not due to any fault of the subdivision residents.

In other business the City council:

• held a public hearing and approved on second reading a resolution amending the Hamilton Municipal Code to protect the use of the city logo.

• confirmed the hiring of Anthony Jenson as Probationary Parole Officer for the City of Hamilton. Jensen was chosen from 15 applicants that were interviewed. He is 27 years old and an eight-year veteran of the armed forces serving in Iraq and Afghanistan. He was awarded a Purple Heart in Iraq. Police Chief Ryan Oster called him a “good fit” for the department.

• approved a resolution authorizing the sale or disposal of a vehicle that has no further use.

• held a public hearing for the purpose of taking public comment regarding amendments to the Hamilton Municipal Code determining sewer usage during irrigation and non-irrigation months. The change would allow charges for the Bitterroot Aquatic Center to be figured on a 12-month basis rather than a 3-month.

• approved the installation of a strainer in the non-potable system at the Wastewater Treatment Plant in an amount not to exceed $18,397. The strainer will allow the re-use of water for other facility operations. The strainer is self-cleaning but will require monitoring to ensure that it is working.

• approved additional asphalt work at the Wastewater Treatment Plant in an amount not to exceed $7,773. The work would repair a seam that has associated cracks prior to a paving overlay of the entire surface.

• approved payment of $1,483.20 for Transportation Plan contract revision.

• approved HDR Engineering as Consultant for the Wastewater Treatment Plant Mixing Zone Study in an amount not to exceed $25,000.

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Stevi School breaks ground

By Michael Howell

Stevensville School officials held a groundbreaking ceremony last Thursday, June 17 to celebrate the beginning of the $9 million school building construction project. The project, which will require the demolition of a the old junior high building and the old 4th-6th grade building, will also require some creative scheduling to accommodate the construction process.

Here are some of the changes that will be implemented during construction:

The school year is set to begin on September 7, 2010. Christmas Break is scheduled for December 23 through January 2. Easter Break is April 22 to 24. The school day will begin at a new time as well, starting at 8:15 a.m. and ending at 3:45 p.m.

Parking accommodations have also been changed. Students will use the parking lot on the corner of Park Ave. and 5th St., entering on Park Ave. and exiting on 5th St. The Northwest Parking lot is for staff only. Staff and visitors may park along Park Ave.

No parking will be allowed on the north side of Phillips Street. It will serve as the bus pick up zone. There will be no parking on the southwest side of Phillips Street and it will be used for a bus drop off zone. Parents may drop off their children on south Park Ave. where parking is also prohibited.

Buses will arrive at the school by 8:05 a.m. Junior high sporting, concerts and performance events have been scheduled later in the day to avoid parking conflicts.

Breakfast for K-6 will be served in the classrooms. Grades 7 to 12 may pick up their breakfasts and eat in the classroom.

Junior High Shop will meet in the High School Shop. The nurse will be located in the PE/Elementary Building. Pre-school will be moved to the northwest corner of campus, behind the Bitterroot Valley Education Co-op.

All fourth grade classes will be held at the LDS Church. The children will arrive at school and be bused to the church. PE and music teachers will also travel to the church.

Choir will be held upstairs in the elementary gym and Band will be held in a modular unit. Junior High Special Education classes will be held in the High School Learning Center. Junior High Art, Social Studies and Math classes will be held in the 4-6 building. The Junior High Library will be housed in the High School Library. Junior High Spanish classes will meet in the Junior High Computer Lab. The Junior High Secretary’s office will be in the 4-6 building.

A portable kitchen will be located next to the High School Gym. Lunch will be served about a half hour later in the High School Gym.

Athletic events will be scheduled later to accommodate later release time.

Extra help will be used to supervise arrivals and departures until parents learn the new procedures.

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