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Yellowstone County News
113 Northern Ave. Huntley MT 59037
Phone: 406-348-2649
Fax: 406-348-2302
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News for Week of June 20, 2008
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Cutline - Elevator
Staff Report
POMPEYS PILLAR - On Flag Day, 2008, United Harvest Elevators stand as a tall backdrop to the huge American Flag which flies at the Pompeys Pillar National Monument. The 30’ by 50’ flag, raised on Flag Day one year ago, flies day and night over the national site. From the top of the Pillar, the flag and elevators are an impressive site. What a country! (Robison photo)
Lockwood Water and Sewer
by Evelyn Pyburn
LOCKWOOD — A number of residents attended the Lockwood Water and Sewer District Board meeting last Wednesday to reject claims that they were no longer interested in petitioning into the proposed sewer system.
Others were there to counter assertions that they weren’t eligible to sign the petition that brought residents on Memory Lane into the sub-district, the development of which will be the first phase of the new sewer system.
Confusion about their position was stirred by a letter received by the LWSD board from another Memory Lane resident Dixie Heisey, who is apparently the only property owner of 16 in the subdivision, opposed to inclusion.
Mana Seward, who is not a resident of Memory Lane or a property owner in the first phase of the sewer project, was present to accuse the board of having not verified the legitimacy of the petition before acting upon it.
“There is apparently some question as to the legitimacy of some of the names,” said Seward. “There is a question that the board chose to accept it [the petition] into the district without any review of the legitimacy or not.”
Memory Lane resident Jerry LaPierre told the board that he came to the meeting because he had heard about the letter. He told the board emphatically that he wanted to be included in the district because he believed that it would be less expensive the sooner he could participate. He said that his wife, Londa, too, should remain on the petition, despite Heisey’s assertion in her letter of June 10, which said, “You have Jerry and Londa LaPierre both signing the petition when only one should have signed, according to what you told me. Londa LaPierre has informed me that she wants her name and her husband’s name off of the petition because they were misinformed about the sewer districts [sic] plans.”
Heisey challenged the signature of Sharon L. Brosmire as a signer of the petition, saying she was not a property owner.
Brosmire was at the LWSD meeting along with James and Mileen Vande-berg, who informed the board that they had recently sold their property to Brosmire, who had been their tenant.
“All I asked from you people was that you invalidate the petition and let the property owners get together as a whole and take a vote and do it right. As I said, I will be doing my very best to defeat this plan again, as I have in the past four ballots,” said Heisey.
Seward went on to complain that LWSD board member Tim Cramer, at the last meeting, “accused me of ‘working people up.’ That’s a pretty powerful accusation and it is not in order.” She went on to say that she believed his comments were “a reason for concern about Mr. Cramer’s ability to conduct himself in a proper manner.” Cramer was not present at Wednesday night’s meeting.
On another note, Seward questioned who could vote in the bond levy election planned for August. She said that she had spoken to Duane Winslow of the County Elections office and was told that only people who live in the sub-district can vote in the election, and that they can only vote if they are a registered voter. “There is something very wrong with that system,” said Seward. Given that information, Seward said, “You are asking some very tacky questions.”
Board members quickly responded that Seward was misinformed. The election criteria is the same as it has been in all previous elections, explained board member Nancy Belk. And, further, she said, it was spelled out in the documentation presented for the public hearing regarding the establishment of the sub-district boundaries. The issue of a sewer project has gone before Lockwood voters in four previous elections.
“We can’t make them register to vote,” Belk said, noting that anyone owning property in the sub-district may vote, and anyone living in the sub-district may vote if they are registered to vote. Corporations owning property in the sub-district also get one vote, explained Belk.
Mana Seward’s husband, Jim Seward, responded, “You are mistaken and that is the end of that question.”
LWSD Manager Rich Koehn challenged whether they had gained such information from Winslow. He said that he had just spoken to Winslow that day and that was not the information he was given. Koehn said that he was going to ask Winslow to provide, in writing, the rules regarding voting, in anticipation of such confusion.
Mana Seward then said that she hadn’t actually spoken to Winslow, but to his secretary.
Jim Seward then asked Board Chairman Carl Peters if the deputy had “shown up.”
Peters said, “No.”
The Sewards and another one or two people abruptly left the crowded meeting room.
LWSD’s new manager, Woody Woods, commended the residents of Memory Lane for appearing at the meeting and standing up for what they wanted. He said that it was the first time in the 10 years that he (formerly as an engineer with Morrison Maierle) had ever seen residents come forward to counter the opposition which has had a much more visible presence before the board.
A few more residents spoke their piece about wanting to be included in the first phase of the sewer project. Then Jim Seward suddenly appeared again at the door to the room and interrupted proceedings, speaking loudly to get Chairman Peters’ attention. Leaning forward, he pointed his finger at Carl Peters and said, “I’m going to do exactly what I said I was going to do.”
Then he turned and left again.
Peters said, “OK,” and proceeded with the process of approving the minutes of the previous meeting.With the unanimous approval of the minutes, Board Member Gary Forrester said, “Now that we have approved the minutes,” the board should follow the legal procedures as required by law to move forward with the election.
Koehn reminded that all of the minutes of all the meetings are public. He said that they are a matter of record and available for anyone to see at any time.
Woods said, in reference to Mana Seward’s claim that the board had made no effort to verify that the signatures on the petition were valid, that they did submit the petition to legal council to make sure it was a valid petition before accepting it.
Upon being asked, Peters explained Jim Seward’s question about a deputy. He said that Seward called him earlier and said that his wife was “verbally abused” by Cramer at the last meeting and he wanted a deputy sheriff present at the meeting Wednesday. Peters said that he had called with the request to the sheriff’s department but no deputy arrived.
Asked further about what Seward’s threat to “do something” was about, Peters said that he believed that Seward was threatening to sue the board over the “verbal abuse” charge.
Board Member Brenda Robison then said that she wanted to make it clear that the verbal exchange between Cramer and Mana Seward occurred after the meeting was over and outside the building. She said Cramer was obviously voicing his own opinion and was not speaking on behalf of the board.
Forrester said that he also wanted to make it known as a matter of record that the board was still not in receipt of any certificate of deposit with a presentation regarding the offer of free land for a sewer plant. At a previous board meeting, Mana Seward began the meeting demanding to know why the board had not accepted the offer of free land for a sewer plant. When the board professed to have no knowledge of such an offer, she assured them that it was coming and a CD was being made which would explain the presentation.
“At this point, it is too late to change plans,” it was noted, but said Woods, “We might still be able to use the land for a lift station, so if he still wants to donate it we might still be interested.”
Metra signage a snag for state
DOT
Commissioners ask ‘Why now?’
by Evelyn Pyburn
BILLINGS -- Yellowstone County has received a “cease and desist” order from the Montana Department of Transportation in regard to the new signs going up around MetraPark — and the county commissioners aren’t happy about it.
The state is objecting to the size of some of the signs that front on the state highway. The location of the signs gives the state agency authority over signage.
Having sought the advice of the county attorney’s office in the matter, Deputy County Attorney Kevin Gillen says, “It’s much to do about miscommunication, and I think we will be able to work it out.” But he noted, “As we walked through the process, we held hands with MDT.”
“We have been talking to them for two years and they never once mentioned this,” said Commissioner John Ostlund.
As a result of the county’s contract with the South Dakota company, Daktronics, to provide new signage in exchange for naming rights and sponsorships, MetraPark is sporting bright new signs at every corner, including a state-of-the-art electronic billboard at the front gate facing Sixth Avenue North. But, it’s the more standard, less flamboyant signs at Fourth Avenue North and at the corner of Exposition and First Avenue North that have offended state agency bosses.
According to the commissioners, numerous meetings were held and there have been many conversations over the past two years with the representatives of MDT, keeping them abreast of plans. They were also provided with renderings of the signs prior to their placement. At any point, the state could have made known its objections, said Ostlund.
The signs are all in place. Removing the old main reader billboard at the front entrance is all that remains to be done.
In actuality, other than changes in the names of advertisers, the signs at both locations are exactly as they were before. What has changed, however, is the permit holder and the status of the signs being “on premise” signs rather than “off premise.” The signs were previously under contract with Epcon Signs and Epcon held the state permits for off premise signs.
According to the memo received by the county from Patrick Hurley, MDT coordinator, “since the sign permits have been revoked, and the signs converted to on-premise, non-permitted non-profit owner advertising, the plaque size restrictions. . . now apply.” The size allowed seems to be about a third of the current signs.
However, the matter gets more complicated than that, because a for-profit entity would not be allowed to have an electronic billboard.
Part of the problem, said Ostlund, is that “we are dealing with 50-year old federal legislation.” Ostlund said that he was sure they would be able to work something out. Part of the county’s concerns are contractual obligations with their new advertisers, regarding what they will receive in exchange for their sponsorship funding.
In other sign issues, MetraPark staff raised the concern of having to hire someone part time or contracting with a vendor to program the video functions of the electronic billboard. The process takes considerable time and requires training of staff, which they currently lack.
Commissioners indicated they were surprised they weren’t made aware of the programming issue before now, in conversations with Daktronics.
“I can’t tell you how disappointed I am. If this is a hidden cost, why weren’t we made aware of it in our previous conversations,” said Commissioner Jim Reno.
MetraPark staff said there needs to be some clarification with Daktronics. There are things they thought they would be getting that seem not to be materializing, staff said.
Commissioners said that they would like to arrange a meeting with a Daktronics representative to discuss the matter and clarify issues.
Feel Free to view Yellowstone County News archives.
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