News:
Kootenai Valley Record
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Commissioner nominees picked (posted 8/20/08)
Brent Shrum, Kootenai Valley Record
he Lincoln County Republican Party central committee is nominating Tony Berget, Jerry Okonski and Alvin Benitz as candidates to replace Lincoln County Commissioner Rita Windom, who earlier this month announced her resignation from office effective Sept. 30.
The committee’s recommendation will be passed on to county commissioners Marianne Roose and John Konzen for a decision. Under state law, the committee must submit three names, with Roose and Konzen to select one of the three to serve the remainder of Windom’s term, which expires at the end of this year.
If they are unable to make a selection from the list, another three candidates are to be picked by the central committee.
Windom was elected to a six-year term in 1996 and again in 2002.
Berget and Okonski were the top two vote-getters in the Republican commissioner primary in June. Berget drew 765 votes to Okonski’s 723 in a six-way race. Because no candidates from any other parties filed for commissioner, Berget will be the only name on the November ballot.
However, Okonski told the central committee he plans to file as an independent write-in candidate, said Benitz, who serves as the committee’s vice chairman. State law precludes Okonski from conducting the write-in campaign as a Republican, Benitz noted.
Berget has served as Libby mayor since 1997. If appointed or elected to the commissioner’s office, he will be required to step down as mayor. _______________________________________
Editor’s Note: See the August 18, 2008 edition of the Kootenai Valley Record for the printed version of this story. The Kootenai Valley Record publishes once a week, on Monday, in Libby, Montana. They are a locally owned community newspaper, located at 403 Mineral Avenue in Libby. For in-county and out-of-county subscription information, call 406-293-2424, or e-mail kvrecord@gmail.com.
Libby hospital plan moves forward (posted 8/20/08)
Duane Williams, KLCB 1230 AM Libby News Radio
The new 32-million dollar Libby hospital plan is moving forward, Bill Patten, hospital administrator, told a community group Monday.
Patten said the most asked question, even from doctors and staff, is where the new hospital will be located. While Patten would not confirm or deny where it will be, he did tell the group there are three locations running on the rumor mill. Patten said he did not want to disclose the location for fear the property owner would privateer and increase the price beyond the hospital's ability to purchase the land. The three properties he said he has heard about are the former Libby drive-in theatre, an area of the Port Authority property adjacent to the U-Serve tennis courts and City Hall, and the former Rosenquest Ranch and Libby Feed Store, south of town, adjacent to the new Mental Health Center.
Building a new hospital was, as Patten put it, "a no brainer". Cost of remodeling the present hospital came to 29 million versus 32-million starting over. The necessary land is not available at the present location and adding another story is not an option because the 1952 foundation cannot support another level. The project will need between five and ten acres depending on the final footprint.
Patten said the hospital will keep the existing building and perhaps lease a portion to the Center for Asbestos Related Disease, and perhaps convert a portion into an assisted living center.
Of the 32 million dollars, the hospital will need to raise one million locally, the rest being provided by grants, federal appropriations, critical access hospital rebates, and loans. Patten said he did not anticipate raising the million a problem, given the local community's outstanding response to the million dollar endowment drive, and the $250,000 mammography fund raising effort.
The new hospital will have 25 beds, the same as the existing hospital. _________________________________________
Story by Duane Williams, KLCB 1230 AM Libby News Radio, www.todaysbestcountryonline.com. http://www.sjlh.org
Kootenai Valley Record
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Judge orders Lincoln County to pay Hicks’ attorney’s fees (posted 8/10/08)
Brent Shrum, Kootenai Valley Record
A Flathead County judge has ordered Lincoln County to pay the cost of defending Justice of the Peace Gary Hicks against a complaint filed with the Montana Judicial Standards Commission.
The commission’s case against Hicks – accused of sexual misconduct by a number of women who appeared in his court on criminal charges – is scheduled to proceed with a hearing starting at 8:30 a.m. Tuesday, Aug. 19, at the Lincoln County Courthouse. Three days have been set aside for the hearing.
The case against Hicks was filed this spring, with six women accusing the judge of making inappropriate comments ranging from compliments on their appearance to solicitations for a sexual relationship. The complaint was later amended with three additional women making allegations.
Hicks retained attorney Tammi Fisher of Kalispell to represent him in the matter, which is not a criminal case but which could result in his suspension or removal from office. After the county refused to pay his legal fees, he filed suit in district court.
The county disputed Hicks’ claim that it was required under state law to pay for his defense, arguing that his alleged actions were taken outside of his scope of employment as justice of the peace and are therefore not covered by the law. In a similar case involving a suit filed against a former sheriff’s deputy, the district court ruled that the county was not required to provide a defense, the county’s attorney noted.
But Judge Katherine Curtis of Flathead County, who took over the case after the county requested that Judge Michael Prezeau step aside to avoid any potential conflicts, ruled last week that the county must pay Hicks’ legal bills. Curtis did not immediately include justification for her ruling, but said that a rationale would be filed in support of the order within a reasonable time as her schedule allows.
Fisher had filed a request for an immediate order from Curtis, arguing that if Hicks’ legal bills were not paid by the county she would be forced to drop the case and Hicks would have to appear before the commission alone.
Because Hicks is not an attorney, he would be a "sitting duck" in the courtroom, Fisher wrote. She pointed out that the commission appoints a prosecutor but not a defense attorney and that more than 70 potential witnesses have been listed in the case.
To date, Hicks’ bills have amounted to more than $10,000, Fisher noted.
Fisher had previously sought to have the hearing delayed until the question of whether the county would pay for Hicks’ defense could be determined. The request was denied by the commission, and Fisher filed a petition with the Montana Supreme Court to reverse that decision.
"Were this matter allowed to proceed as scheduled, the prosecutor and the litany of witnesses would be allowed to run roughshod over Judge Hicks, and the potential for a proverbial ‘Salem Witch Hunt’ is a very real threat," she argued. _______________________________________
Editor’s Note: See the August 18, 2008 edition of the Kootenai Valley Record for the printed version of this story. The Kootenai Valley Record publishes once a week, on Monday, in Libby, Montana. They are a locally owned community newspaper, located at 403 Mineral Avenue in Libby. For in-county and out-of-county subscription information, call 406-293-2424, or e-mail kvrecord@gmail.com.
Libby Justice of the Peace hearing begins (posted 8/20/08)
Gary Hicks faces charges of sexual misconduct Duane Williams, KLCB 1230 AM Libby News Radio
A hearing began Tuesday before the Montana Judicial Standards Commission for Gary Hicks. Libby Justice of the Peace Judge Gary Hicks will face accusations of inappropriate sexual comments to nearly a dozen women. Hicks is accused of offering female defendants leniency in return for sexual favors, of making inappropriate comments on their physical appearance, and visiting several of the women's homes.
The complaint, filed by the Lincoln County Sheriff's office with the Judicial Standards Commission, alleges Hicks offered to dismiss charges and dispose of criminal fines for sexual favors.
The Lincoln County Sheriff's office says allegations against Hicks go back to 2005.
Eight women gave testimony that Hicks had either directly offered leniency in return for sexual favors or that Hicks had made inappropriate or suggestive comments to them. These women appeared before Hicks in Justice Court on a variety of matters ranging from requesting restraining orders against abusive partners to DUIs to more serious charges. Three women had to be transported to Libby from Billings where they are currently incarcerated.
The hearing continues at 8am Wednesday morning in the Lincoln County Courtroom. The commission will be hearing the defenses’ side of the story.
The Commission is being presided over by the Honorable Ed McLean of Kalispell. Hicks is represented by Kalispell Attorney Tammy Fisher. _________________________________________
Story by Duane Williams, KLCB 1230 AM Libby News Radio, www.todaysbestcountryonline.com.
The Pit Bull ordinance stands, at least for the moment (posted 8/20/08)
Duane Williams, KLCB 1230 AM Libby News Radio
The Libby City Council Ordinance Committee made the recommendation NOT to allow a variance to the 18 year old ordinance.
It became a moot point, however, when City Attorney Chuck Evans, informed the Council they had no authority to grant a variance to the law. He told the Council they only had the option to create, modify, amend, or rescind an ordinance, but had no power to grant a variance to a law. or make an exception to a law for an individual. "This is not a zoning issue", said Evans. Evans said the Council is a legislative body, not an enforcement body.
Evans said the procedure should be that a ticket for the violation be issued, and the matter go through the court system.
At issue is a Michigan couple’s request for the Council to grant a variance to the existing ordinance to allow them to keep their two pit bulls within the City limits. That is illegal under the current ordinance. The couple was notified of the violation July 5th by the Libby police, and given 24 hours to remove the dogs from the City. They have not complied.
The next step is for the City police to issue a citation, and remove the animals if the owners do not comply. The Council did give the owners 30 days to relocate the dogs.
Evans told the owners they can petition the City Council to modify or rescind the ordinance, but until the ordinance is rescinded, it stands and must be complied with. _________________________________________
Story by Duane Williams, KLCB 1230 AM Libby News Radio, www.todaysbestcountryonline.com.
Dayton Meister, Tytus Meister and Jordan Turner enjoy some time with their pet pit bulls Ugly and Beef.
Photo by Kootenai Valley Record.
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Family fighting to save pit bulls (posted 8/13/08)
Brent Shrum, Kootenai Valley Record
A Libby family is pleading with City Hall for an exemption that would allow them to keep their beloved pit bulls at home.
"These are my dogs and I love them very much," 10-year-old Jordan Turner told city council members last week between sobs. "I’ve raised pit bulls my whole life, and I just want to keep my puppies."
Barbara Turner told the council she and her family moved to Libby in January from Michigan and didn’t become aware of the city’s ordinance banning pit bulls until June 30, when a Libby police officer told them they would have 24 hours to get rid of their two pets. Turner said her family doesn’t have the means to just pack up and move outside the city limits, but giving up 6-year-old Ugly and 2-year-old Beef isn’t an option either.
"They’re members of our family," she said.
Turner handed the council 10 letters of support from friends, neighbors and even the county animal control officer who looked into the issue but declined to take the dogs into custody.
When the officer showed up at the house, "these guys were rolling on their backs, waiting for their bellies to be rubbed," Turner said. "They’re that kind of dog."
In her letter to the council, animal control officer Sarah Caswell described the dogs as "very well behaved and gentle." She said she has received no complaints about the dogs and the dogs have not shown any aggression.
"When I entered the home, both of the dogs welcomed me warmly," Caswell wrote. "Both of the dogs were relaxed and comfortable with me being in their home."
She said she considers the dogs "no more a threat to the public than any other family dog that resides in the city limits of Libby."
Family friend Richard Devine, who attended the council meeting to speak in support of Turner’s request for a variance that will allow her family to keep the dogs, said pit bulls have a bad reputation because of their popularity with drug dealers and bikers who raise them to be aggressive. He doesn’t see Ugly and Beef as a threat to anyone.
"My experience with them is they’re as harmless as my 8-year-old Chihuahua," he said.
Councilman Doug Roll asked city supervisor Dan Thede if he was aware of the circumstances that led to the council’s adoption of the pit bull ordinance. He asked Thede if there were any local incidents involving the dogs, or if the ordinance resulted "from a national hysteria kind of thing."
Thede said he didn’t think there had been any problems with the dogs locally.
"At that time, they were passing them all over," he said.
Turner asked the city council to grant a variance that will allow her family to keep the dogs. The council agreed to look into the matter and to have an answer at its next meeting. _______________________________________
Editor’s Note: See the August 11, 2008 edition of the Kootenai Valley Record for the printed version of this story. The Kootenai Valley Record publishes once a week, on Monday, in Libby, Montana. They are a locally owned community newspaper, located at 403 Mineral Avenue in Libby. For in-county and out-of-county subscription information, call 406-293-2424, or e-mail kvrecord@gmail.com.
Libby
lies in the northwest corner of Montana and is nestled in a valley carved by the
Kootenai River on the flank of the majestic Cabinet Mountain Range and Wilderness
Area. Today
about 2,800 people live within Libby proper. The main industries are lumber and
wood products, mining, tourism and recreation. The movies "The River Wild" and
"Always" were filmed here. Contact the Libby
Chamber of Commerce for brochures, info on lodging and events, general area
information, and contact information for local businesses and services.
SUMMER
When the weather warms and the mountain
snows melt away, the Kootenai National Forest comes alive with over 2.2
million acres of public land as a playground. Mountain trails and lakes
open up, beautiful wildflowers come in bloom, and wildlife have their young.
Libby is the basecamp for the Cabinet Mountains Wilderness Area, 90-mile
long Lake Koocanusa, the Northwest Peaks Scenic Area, and the Ten Lakes
Scenic Area. There is good access to most of the Forest and plenty of room
to get away from it all!
WINTER
Winter in Montana means snow, and lots
of it! For those who love to play in the deep powder, the Libby area offers tremendous
winter fun. Turner Mountain Ski Area, located
just 22 miles from Libby, offers challenging downhill skiing with a beautiful
view. Their slogan is "steep, deep and cheap", and Turner definitely
lives up to that. It's still fairly undiscovered, so you can escape the crowds
and get the cheapest lift tickets around. For those who love snowmobiling,
there are hundreds of miles of backcountry roads to sled on in the Kootenai National
Forest. Cross-country skiers and ice fishermen also can find solitude on a lake
and miles of quiet forest trails to enjoy the outdoors. Those who are a bit on
the wild and crazy side will love the antics of the Libby Polar Bear Club.
Members take winter-time "swims" in frigid Libby Creek every Sunday
from October to April. Plungers have ranged in age from 3 to 61. As long as the
ice can be broken on the creek, if it has formed, the group will take their plunge,
no matter the temperature.

These people must be
craaaazzzzzy! Libby
Polar Bear Club
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