Updates abound at Lincoln Government Day Meeting

Personnel change for Lincoln; info on man found in woods remains elusive

Lewis and Clark County Sheriff Leo Dutton kicked off Government Day Friday, Sept. 7 with the announcement that Deputy Chris Joyce submitted his resignation, with his last day set for Sept. 12.

Dutton said it's sad news for the office and that Joyce had his own reasons for leaving, but didn't say what they were. He said Joyce will remain in Lincoln to operate his glass business, Hollow Point Glass.

Dutton said they are seeking a replacement for the Lincoln post.

"We have to go through a process to get somebody to come up (to Lincoln] or to find somebody to fill any of the voids we end up having in the Sheriff's office," LCSO Patrol Captain Brent Colbert said. "It may take a little bit of time, but you will not see any decrease in any of your law enforcement up here."

Dutton also provided an update on the individual found near death in the woods north of the old Lincoln Cemetery.

Read original story here: https://www.blackfootvalleydispatch.com/story/2018/09/05/news/lcso-investigating-mystery-surrounding-injured-man-found-in-lincoln-gulch/466.html

He said the LCSO is working with the Montana Regional Violent Crime Task Force, which includes members of several Montana law enforcement agencies, as well as members from the FBI.

Dutton said there's still no clear story as to what happened. He said there are all kinds of stories, but that they can't confirm or deny any of them because they can't find people who can do so.

"We have one lead from Lincoln. We're working on that and the people from Great Falls who know him," he said.

At the time of Friday's meeting Dutton said the fellow still wasn't coherent enough to provide them with information. By Monday his condition had apparently improved somewhat, but Dutton told the BVD he still isn't saying much,

They estimated the man had been out in the woods for five days, and came very close to death and required emergency surgery.

Dutton said this isn't a case of knowing more than they can talk about, but a case of not having much information at all.

Hooper restroom nearly complete; efforts to recover money ongoing

Dan Karlin, Lewis and Clark County engineer, filling in for Public Works Director Eric Griffin, said work on the new Hooper Park restroom building is nearly finished, but there are a few hurdles remaining.

Karlin said the installation of the plumbing and electrical is complete, but they are still waiting for Northwestern Energy to run power to the meter on the building. The major concern now is the sidewalk for the building.

"That is an element that's pretty important, to be compliant with (Americans with Disabilities Act) requirements," he said. "We're having a little bit of trouble getting someone to install those. We've called up to 20 different contractors. A lot of them are really busy right now and are hesitant to take the time to do that little portion of sidewalk. We're working on it."

Misty Edwards, county finance coordinator, told the BVD Monday that the facility could potentially open before the sidewalks are poured, if there is wheelchair access using a temporary ramp.

With fall approaching, she said the decision on whether to open the restrooms this year even for a short period is in the hands of the county commission.

Another facet of the project the commission is working on is the recovery of $50,000 paid to UBC Precast, the company in Blackfoot, Idaho that was originally contracted to create and install the restroom last year. The company never followed through and never returned the payment.

Responding to an implication that the county isn't doing enough to recover the money, commission chair Andy Hunthausen explained that they took steps prior to legal action to get the company to follow through with the contract or return the money, but ultimately sued them civilly in Idaho. He said they effectively won their case when no one from the company showed up for court.

The county has since retained legal representation in Idaho - the Lewis and Clark County Attorneys aren't licensed to practice law there - and are filing action against them to recover as much money as they can.

"Everything from asking them to pay to seizing their property is on the table. All of that's happening right now," Hunthausen said.

Their representative in Idaho is confident they can recover some of the money but they must first determine what assets the company owns that can legally be seized, Hunthausen said.

"As far as assets we may seize ... we're going to have to turn every stone over to try to find something, commissioner Jim McCormick said. "This particular business and individual does not, according to what we've been able to find... have the assets we can seize. Until we find something we're going to keep dogging this."

Lincoln resident Steve Stocks asked if it was standard practice to hand over half the money up front.

Not necessarily," Hunthausen said. "And we won't do it again."

He went on to explain that they have done it occasionally in the past with contractors they know well. In this case, they opted to do so, ironically, in an effort to expedite things.

"It was one of those things where we thought it was a pretty routine, simple project that would turn over very fast," Hunthausen said. "We knew the interest in this community of getting it done quickly. We thought that would be one of the things that would facilitate it coming along faster, actually. Ultimately, it worked against us."

Gates on Stonewall Rd. causing concern

Concerns about a pair of gates installed across Stonewall Creek Road, where it cuts though a section of private property west on the Parlin Park area, proved to be a hot topic at the Government Day meeting for the second month in a row.

Last month, neighbors of Mike Stahly asked Lincoln District Ranger Michael Stansberry about the gates, which are only a few hundred feet apart. The gates are unlocked and sport signs requesting that users stay on the road and keep the gates closed. They were reportedly put in place by Stahly to keep cattle off his property.

At the August meeting Dawn Charron, who lives east of Stahly, told Stansberry she has documentation that the Forest Service has an easement across the property that dates to 1906.

At the time, Stansberry explained he had been in discussions with Stahly about options for removing the gates, including the possible installation of cattle guards.

This month, Charron's father Rich Paul, who also lives near Stahly, voiced his concerns that nothing had been done about the gates yet, saying their presence hinders recreationists from using the area.

He said the road is used a lot in emergencies, by people using it to access a nearby campground, and in the winter by cross-country skiers and snowmobilers. Since the road isn't plowed in the winter, he said the gates would effectively block access.

"Every new person who comes to town looking for recreation or looking for something to do, they get discouraged," he said, regarding the impact lack of access has on the local economy.

However, it was Paul's suggestion that the subject was being "brushed under the table" or moving backward that was met with pointed responses from both the commissioners and Stansberry, who said he wasn't backpedaling whatsoever.

"I'm working with Mike. We've been talking for the past two months to try to find some resolution. I'm trying to keep it out of the courts," he said. "I'm sorry it's taking more than two months, but that's the reality in my world. These kinds of issues do take more time than we would like them to take."

He explained that several solutions were on the table, including cattle guards or the possibility of moving the fence.

Likewise, Commissioner Andy Hunthausen took issue with the characterization that nothing is being done. He said they are working to determine the nature of the road as well. Although it accesses Forest Service land, the county helps maintains it for public use.

"We have to do it within parameters," he said. "We can't just say we're taking the gate down...we have to do it step by step, within the law."

Last month when the topic was first broached, Commissioner Susan Good Geise said when it comes to easement issues, they tread very carefully.

Disagreements over easements and access have turned deadly in the past. In 2013, a dispute over an easement near Geise's hometown of Augusta resulted in the shooting death of Timothy Newman.

Hunthausen said the county is also exploring options for repairing the road, which was damaged earlier this year when debris plugged the Youderian irrigation head gate, sending the rain-swollen creek down the road.

In a conversation with Stansberry about the gate in the wake of last month's meeting, he told the BVD the Forest Service is researching the road's history to ensure they are on solid footing regarding access.

Although Stahly hasn't technically blocked access since the gates are unlocked and the public can cross his property, Stansberry said they have to look at it from the perspective of someone who's never been in the area before, and whether they may perceive access is blocked.

"Do they feel they can access public land? If not, how do we remedy that?"

The BVD has not yet been in contact with Stahly for comment.

N. Lincoln Gulch repair task order received

Karlin reported that the Public Works Department received the task order for the repair of th eNorth Lincoln Gulch Road washout at the Glory Hole Friday morning.

"We're full speed ahead," he said.

Karlin said the effort to purchase the used 72-inch culvert they had planned to use for the repair project ran into a statute issue concerning procurement, however he said it's not going to affect progress on the repair.

"If we have to go the route of having to buy it through a local supplier, we'll do that," he said.

Geise said procurement issues can "really fight us," but that the culvert issue was a hiccup they'll solve, although maybe not as quickly or inexpensively as originally thought.

Great West Engineering has been doing the engineering study on the various repair alternatives, which range in cost from about $100,000 to $300,000.

"It's a really volatile location," Karlin said. "As you guys know, there's not a lot of clay there. It wants to wash away, which makes it really complicated to put it back so it won't do it again."

Although the various alternatives have been submitted to the state for possible FEMA funding, the initial estimate that reached the FEMA threshold came in at more than $300,000.

The alternative they are pursuing utilizing the culvert comes in at less than $100,000 and allows them to repair the road sooner, possibly before winter.

Waiting for FEMA funding could put the project more than a year out, Hunthausen said.