Young roper
	Enterprise photo by Angela Schneider
	Five-year-old McKlain Payne, of Paradise Valley, practices roping at the Wilsall Ranch Rodeo, Sunday, Aug. 17.

Following are the week's top stories. This digest is updated once a week, by early Friday evening.

Published 8.18.2008

Hiker hurt by falling boulder rescued
By Matt Dettori, Enterprise Staff Writer

A 48-year old Bozeman woman was struck by a “TV-size boulder” on Sunday while hiking in the Absaroka Mountains southeast of Livingston and rescued Monday morning.

The woman was knocked into a gully on the slope of Mt. Cowen, northeast of the Mill Creek drainage, according to the Park County Sheriff’s office.

The woman, whose name was not released as of early Monday afternoon, was struck while descending the mountain. She sustained chest and back injuries and could not feel or move her legs, a Park County Sheriff’s Department press release stated.

A fellow climber also sustained minor injuries in the same event. The climber stayed with the injured woman while a third member of the party went for help, the release said.

On Sunday at 6:22 p.m., the Park County 911 Dispatch Center received a call reporting the climbing accident on Mt. Cowen. After assessing the terrain and difficulty of the rescue, the Park County Sheriff’s Department requested assistance from Gallatin County Sheriff’s Search and Rescue Alpine Team and the Yellowstone Park Helitac Team.

A Gallatin County Sheriff’s rescue team doctor was flown to the accident site late Sunday evening, where he provided treatment for the woman and prepared her for lifting to safety Monday morning, the press release stated.

Other rescuers from Park and Gallatin County hiked to the scene during the night to provide further assistance to the victims.

Yellowstone Helitac rescuers flew the woman out of the Mt. Cowen area Monday morning. She was placed on a stretcher attached by a 150-foot rope to the bottom of the helicopter. Helitac rescuer Blake Chartier rode with the woman to the intersection of Mill Creek and East River Road. She was then moved into a St. Vincent’s Medical Center helicopter and flown to Billings for additional treatment.

No condition report on the woman was available from St. Vincent’s as of early Monday afternoon.

According to Park County Sheriff Alan Lutes, this was a very difficult and dangerous rescue that demonstrated great skill on the part of the rescuers and pilots.

“It is also a good example of interagency cooperation in the true spirit of Montana,” he said.

Agencies involved in the rescue were Park County Sheriff’s Search and Rescue, Livingston Fire and Rescue, Gallatin County Sheriff’s Search and Rescue, Yellowstone Park Helitac, National Park Service and St. Vincent's’ Help Flight helicopter.

Hurt Mt. Cowen climber has broken back
By Matt Dettori, Enterprise Staff Writer

Mountain climber Liz Ann Kudrna is still in the intensive care unit at St. Vincent’s Hospital in Billings Thursday, but her recovery has already started.

Kudrna, 48, was up and alert in her bed Thursday afternoon and was able to start eating, according to lifelong friend Amber Jean of Livingston.

This is the first food she has eaten since she was injured Sunday afternoon climbing down Mt. Cowen on Paradise Valley’s east side.

Kudrna was stuck by a boulder, pinning her against another rock, breaking her back and leaving her without the use of her legs, Jean said.

Kudrna might be out of the ICU as early as tomorrow, Jean said.

Her first phase of rehabilitation started on Thursday afternoon. The first step for Kudrna was to sit up in bed, Jean said. She also said the initial rehab will take at least eight weeks.

Kudrna’s family members have been searching extensively for the right rehabilitation center for her. They decided to send her to Craig Hospital in Denver Colorado, Jean said.

The hospital specializes in spinal cord injuries and traumatic brain damage, according to the hospital’s Web site.

“The center is very intensive and focused on empowering people,” Jean said. “Liz has already shown amazing strength, which is a good testament of character.”

Kudrna has been conscious since the accident Sunday, according to Jean. She understood the severity of her injuries, but made sure she was awake all night on the mountain.

“She wanted to enjoy the beauty surrounding her because she knew that she would never see it again,” Jean said.

“Mt. Cowen is a ‘home’ for most of us and a favorite spot that all of us know very well,” she said.

Jean said Kudrna has been getting an “incredible” amount of support in her recovery from family and friends, saying people who don’t know her still know of her and respect her, and her network of friends spreads across the world.

“It’s mind-boggling as far as how many people are there for her,” said Jean.

A Web site, lizannkudrna.com, has been created to provide updates on Kudrna’s progress. The site allows viewers to post messages for the injured climber.

Pot partners told to split clients, assets
By Mark A. York, Enterprise Staff Writer

Park County District Court on Thursday ordered two partners in a Livingston-based medical marijuana operation to split their clients and assets in three weeks as a first phase in dissolving their business relationship.

Judge Nels Swandal had earlier ordered Homer Terry, whose home contains the inventory of marijuana plants from various growers, to care for the plants at his rented property until a formal decision could be made on their ownership.

The civil trial stems from a dispute between Richard Rosio and Rollin D. Minnick, partners in Caregivers Montana LLC, a medical marijuana supply business.

The rift between Rosio and Minnick developed over the winter while they were arranging a growing operation based in a rented bomb shelter on Aries Drive near Emigrant. He originally hired Minnick as a grower for one-third interest in the company, Rosio said in his Thursday testimony.

Rosio founded the company to supply elderly patients with cannabis. They incorporated in 2007. A third partner withdrew, according to testimony.

Rosio then turned over patient cards to Minnick, who was to supply patients with the medication in the interim while the crop was grown. Rosio said in his testimony he would handle the business end of the operation, including travel to hospitals all over Montana and some delivery of the marijuana to patients who couldn’t obtain it any other way.

Rosio said he tried to arrange renting a fallout shelter from Church Universal and Triumphant, but they resisted his offers due to a belief against drug use of any kind. Rosio finally found a shelter owner willing to make the arrangement — Walter Hollensteiner, who was sold a one quarter share of Caregivers Montana LLC.

“The bomb shelter was rotted and filled with filth and disease, “ Rosio said on the stand. “It was a dome with a U-shaped room with separate bedrooms. We gutted the room and rebuilt a rotted floor in another 40-foot room, and added solid glass doors.

“It was a unique opportunity to take something that was designed for death and turn it into something healthy and beautiful.”

He supplied all of the stock and growing equipment, lights, and hydroponic system for the operation, which grew to 390 plants over the winter, Rosio said.

“The plants were vibrant and beautiful,” he said.

Rosio estimated the potential worth of the crop at $250,000 to $350,000.

Minnick said he came back in February from a Florida vacation to many e-mails from patients complaining of being overcharged by Rosio for their medication.

“The business was going broke,” Minnick said.

He found that Rosio had written $58,000 in checks to himself, the Web site set up for online sales had been neglected, and he was unable to contact Rosio. In April, Minnick, tired of the commute to Emigrant for which he received no compensation, moved the remaining stock to the East Park Street building. He formed a new company, Caregivers of Montana LLC.

“There were 200 or so plants left,” Minnick said. “One hundred and sixty plants were lost to mold and hemaphroditism, which shortens the growth, yield and potency. Twenty plants froze.”

On Aug. 13, Rosio tried to take over the building on East Park Street by court order and oust Terry, who sublets space to Minnick, according to court documents.

After court Thursday, Terry said he had no plants of his own at the property at that time.

“Richard (Rosio) thinks there is a lot of money in this business,” Minnick testified, “but there isn’t.”

Minnick’s lawyer, Kevin Brown, asked Minnick, “Why?”

“Montana is a land of poverty,” Minnick said. “We don’t make a lot of money here in general. The patients have even less income, and have to pay as they can afford to.”

Judge Swandal quashed a restraining order on the property and ordered Homer Davis, a court-appointed horticulturist, to inspect the crop once a week on Rosio’s behalf. A settlement must be reached in 90 days, Swandal said.

Remote area losing cell phone service
By Amy Learn, Enterprise Staff Writer

The only source of telephone communication for residents in a remote area northeast of Wilsall will be cut off starting Sept. 30.

Twenty-two phones belonging to area residents will lose their dial tones after Alltel Wireless eliminates its analog service.

There are no land lines established in the area.

Among the residents are Ron and Jan Hartman, who have been relying on cellular analog service as their source of communication.

“Analog is not as profitable,” Jan Hartman said.

According to Alltel spokesman Scott Morris, the Federal Communication Commission said that as of Feb. 18, cell phone providers no longer had to offer analog service.

All providers were required to give analog users first a four-month notice of the pending change, and then an extra 30-day notice.

Most other cellular providers dropped analog from their services as soon as they could. Alltel is discontinuing its analog service in the U.S. in three stages, Montana being in the last stage, Morris said.

In switching to strictly digital service, cell phone providers will be able to offer a more advanced system, Morris said.

The Hartmans said they have been working on the issue since February, hoping to maintain phone service.

Their concerns on the pending phone service loss is more than just local — they are worried about all Western rural areas that are in the same situation, Ron Hartman said.

The couple has been in contact with representatives of Alltel and Sen. Max Baucus, D-Mont., to find a solution.

“Everyone has been cooperative — yet, no action has been taken,” Jan Hartman said.

According to Baucus’ office, the senator is working with the Department of Justice, the FCC and local telecommunication corporations to find solutions for rural Montana areas facing the problem.

The senator wants to ensure no one in Montana is left behind by technological advancements, a Baucus spokesman said.

The Hartmans have been exploring options, such as satellite phones, new digital equipment, even installing land lines. However, nothing has panned out as a fix.

New digital equipment Alltel gave them to test has not been successful, Ron Hartman said.

“The new digital (signal) is just not strong enough,” Jan Hartman said.

If residents resort to a satellite phone, they would have only certain times during the day they could call out or receive calls. A person could not rely on a satellite phone for an emergency situation, Ron Hartman said.

The phone company said it would bring land lines into the area at the resident’s expense, he said.

Creating a land line in the area would cost anywhere from $50,000 to $75,000, he said.

Alltel plans to continue working with the Hartmans and the other residents, testing out different devices until a solution is discovered, Morris said, and that the company will try and leave the analog signal in the area until the problem is resolved.

The idea of installing a digital tower in the remote area, allowing the signal to reach residents, is something Alltel will consider, Morris said. The decision will be based on whether it would be feasible to build the tower with such a small number of people living there.

Only five people live in the area year-round, but those five rely on their phones for contact with the outside, and during emergency situations, it is their lifeline, Ron Hartman said.

Valley resident calls green box polices a bunch of garbage
By Mark A. York, Enterprise Staff Writer

Enterprise photo by Angela Schneider

Dennis Fraker, a resident of the Pine Creek area, holds a piece of mail and a bill outside his home, Friday, Aug. 16. Fraker was charged with littering and given a ticket when a piece of mail with his name on it was found outside a greenbox area. Fraker said the greenbox area is in disrepair and that the piece of mail was in a garbage bag when he disposed of it.

Pine Creek-area residents have had it with the way the Park County green box station on Deep Creek Road is managed.

At least one resident of the area is being fined up to $250 for littering, which he claims is impossible.

“Normally, I just go over to the big dumpster on the main highway (U.S. Highway 89 South), said Pine Creek resident Dennis Fraker. “I had a black trash bag of small stuff, so I stopped at the (Deep Creek) green box station, and put it in one of the trash boxes.

“Then,” he continued, “I got this ticket in the mail from the county for $250 for littering.”

At his home recently, Fraker held up a small USPS mailer box.

“It has my name on it,” he said, and laughed. “But someone had to pull it out of the dumpster. I didn’t drop it on the ground.

“We’re sick of the way that place is run. The lady at the county said that place was being abused by the residents all the time.

“Someone slid into the fence on the ice four years ago, and it hasn’t been fixed since. It wouldn’t take much to fix it. It’s real simple,” he said of a jammed gate at the dumping station.

A visit to the site showed the chain link fence rail was bent, and the door to the side of the main gate wouldn’t close, allowing anyone to enter at any time. The green boxes were quite battered, and many of the bear proof lids didn’t open all the way because of bent hinges.

“The place is a mess,” Fraker said. “You can’t close the lids with those bear covers. It prevents getting trash in.”

“Those people at Deep Creek have nothing to complain about,” said Park County Solid Waste Manager Richard Wright. “There’s a bear problem at that site, and the residents take the lids off and leave the boxes wide open. We’ll never get those bears off garbage, unless the lids are kept on. They put cardboard and other stuff on the ground all the time.”

Wright said the Trail Creek and Chico green box sites were trashed, too.

“The residents dump brush, metal and wood all the time,” he said. “The sign says ‘Bagged household garbage only.’ We fine people all over for littering. We have to do something to stop the abuse.

“Our hands are tied by a court order brought by the Park County Concerned Citizens. We can’t close the gate ever, or maintain the site.”

According to District Court papers, the injunction against Park County has been in continuance status since June 4, 2007, because the parties believed they could resolve certain refuse issues.

“We pay the taxes,” Fraker said, “and the signs are insulting. We’re good, honest people out here. We don’t need to be fined and intimidated by the county.”

The Park County Refuse Department posts its facilities with the $250 fine warning for illegal dumping.

Fraker said he was told the county had orders to collect as many fines as possible.

Wright said there was no decree or policy from anyone at Park County to fine people unjustifiably and that he wasn’t aware the gate was broken.

“I paid $50 of the fine,” Fraker said. “Some people out here said I shouldn’t have. We are not going be intimidated. (The county) is trying to close (the green box site) by doing this kind of thing. It must remain open. We’ll take it over and put our tax money in a trust fund.

“It’s that simple.”

Livingston man flies high in World War II-era aircraft
By Dwight Harriman, Enterprise Staff Writer

Enterprise photo by Angela Schneider

Ron Chapel leans on the wing of his 1941 Ryan PT-22 antique airplane at Mission Field, recently. PT-22s were used to train military pilots in World War II. Chapel, who served in the Navy in the 1950s, became a pilot and flying instructor after he left the service.

Lots of folks around Park County have no doubt seen and heard it — a bright yellow and silver, oldish-looking plane with a single engine steadily thumping its way across the sky.

It’s oldish-looking because it is old — it’s a 1941 Ryan PT-22 that was used for training World War II pilots. And its unique sound is produced by its five-cylinder, 160-horsepower radial engine.

“It’s part of history,” said Ron Chapel, owner of the antique craft, as he talked about it on a warm Monday afternoon at Livingston’s Mission Field. “A lot of our World War II guys started their flying career in this.”

The open-cockpit, two-seat planes were used mostly by the Army, which had about 1,000 of them, but some by the Navy, which had about 100, Chapel said. The instructor sat in the front and the cadet in the back, and the student kept that seat for soloing. Trainees went on to pilot everything from transports to fighters.

Chapel, 69, who grew up in Livingston, served in the Navy during the 1950s aboard an aircraft carrier — but not as a pilot — and on a fleet tow tug. Afterward, he became a private pilot, licensed aircraft mechanic and flying instructor. He has a great affinity for the PT-22.

“It’s a wonderful airplane to fly. It’s responsive. If you listen, it kind of talks to you,” he said of the plane’s reactions to the controls.

Chapel is a part of the National Ryan Club, and occasionally attends fly-ins with the PT-22 he restored.

While that might sound like leisurely flying, the PT-22 is not a puff plane. This thing has guts — it was, after all, built to teach young World War II cadets how to fly.

“It’s fully acrobatic, which makes it a good trainer,” Chapel said.

It can do loops and rolls, and while its cruising speed is 100 to 105 mph, it can hit 195 mph in a dive.

“You can really get it honkin,’” Chapel said.

His plane has a wooden propeller, as all PT-22s did. Chapel said the wood helps absorb the pounding of the craft’s type of engine, which metal equivalents can’t do.

“The wooden propeller is real good,” he said. “It takes that shock.”

Since the plane has no electrical system to power a starter, the engine must be started by swinging the propeller. Earlier models came with the option of an actual hand crank that could be inserted into the side of the engine.

What’s his plane worth today?

“There’s just a narrow market for them,” said Chapel.

He figured about $65,000 to a buyer and about $130,000 to a seller.

“If you were to manufacture one of these today, it would have to be close to a $200,000 airplane,” he said.

But taking a ride with him in his PT-22 on Monday, it was clear the plane’s monetary value was irrelevant.

“Isn’t this neat?” he spoke into the headset as the plane cruised above the Yellowstone River in the bright summer sunshine.

Below, the bottom of the river was clearly visible. One could almost see rainbow trout lurking in the eddies, and it seemed entirely possible to reach out and touch the boaters — etched sharp as crystal against the water — drifting by.

Turning back toward Mission Field, Chapel floated low over Harvat’s Flats, then gracefully landed the plane on one of the airport’s grass runways — of the kind many young cadets would have in the 1940s.

Asked what he enjoyed the most about flying his PT-22, Chapel’s response reflected a feeling for more than a particular plane.

“When you’re flying an airplane,” he said, “you’re off into a different space, a different world, and all the rest of the stuff just goes away.”

Trout group hooks river setbacks
By Mark A. York, Enterprise Staff Writer

The Montana State Land Board, headed by Montana Gov. Brian Schweitzer, approved quarter-mile setbacks on 16 of 28 oil and gas leases on the Yellowstone and Boulder rivers.

In a meeting of the State Land Board in Helena Monday, representatives of the Livingston-based Joe Brooks Chapter of Trout Unlimited and others voiced concerns on the proposed leases in the local riverbeds.

While it seemed as though the board wasn’t interested in what chapter members had to say during the meeting, “it turned out better than we thought,” said TU Chapter President Kerry Fee Wednesday morning.

The Associated Press reported Tuesday that the Montana Department of Natural Resources and Conservation, which proposed the leases on state lands, approved quarter-mile buffers on five of 28 riverbed sites.

Fee said he made a formal presentation for the governor at the Monday meeting, citing a lack of transparency in the announcement of the oil and gas lease sales back in July.

“No one had any idea they were going on at the time,” Fee said. “It appeared Montana DNRC was trying to slip in the leases under the rug. Evidently, the governor’s office considered what we had to say as the day went on, and acted.

“We’re happy with the way this is going now,” he continued. “TU wants to work with the governor’s office and DNRC in coming up with a long-term plan to protect the public waterways. We want the leases postponed for six months to accomplish this.”

There is a meeting proposed for Sept. 11 in Livingston between DNRC Director Mary Sexton and local residents, he said.

“The governor’s office wants to get local government and landowners involved on lease setbacks,” said Schweitzer spokesman Hal Harper.

“It would be great if the Bureau of Land Management aligns with the state for one-half mile setbacks in the future,” a distance preferred by the state for future river setback, said Harper.

BLM has not decided what it will do with its lands in this regard, spokesmen for the bureau said during a recent Big Timber meeting.

“Oil and gas will be valuable for a long time, Fee said. “We want to see sensitive areas not included.”

McLeod Field facelift nears completion
By Tom Gersack, Enterprise Staff Writer

Anytime a target date is reached, there is a measure of satisfaction — and relief.

Just ask Park High School Activities Director Jim Benvenga.

In February, the Livingston District School Board approved giving McLeod Field a much-needed facelift.

Benvenga hoped to have the project — which included a constructing team rooms, concessions stands, rest rooms and handicapped accessible areas — completed by the Rangers’ first varsity home game on Aug. 29.

With seven days remaining until Glendive travels to Livingston to kick off the Class A football season against Park, the project is nearing completion.

“From where we were when we started to where we’re at now is amazing,” said Benvenga. “We’ve all got our fingers crossed — I’m getting more and more confident that we’ll have it done.”

More than 80 different individuals and area businesses have been donating their efforts to the project.

The Livingston District School Board approved up to $250,000 for the renovation project on the stipulation the amount would cover the superstructure, the handicap-accessible bathrooms and all utility hookups.

Private donations, volunteer assistance and donated material have covered the majority of the remaining $250,000 cost.

“It might seem like a lot, but considering where we started from, I’m pleased with how close we are,” said Benvenga.

With time in short supply, Western Plumbing is completing the installation of fixtures; Northwestern Energy is wrapping up the gas lines; Bill Taylor is completing the tiling; Tech Electric is finishing the electrical work; and Jerry Jesson and Yellowstone Masonry are completing the brick work.

“Unless something major goes wrong, I’m feeling optimistic,” said Benvenga.

Despite the cost of the project, it was not required to go out for bid due to the Alternative Project Delivery Contract.

The APDC can be used when a project is under significant schedule demands and will benefit the the community.

McLeod Field is used for everything from boys and girls high school soccer to Middle school football, children’s flag football, elementary track meets, Relay for Life walks and high school track practices.

For more information about the McLeod Field project or to make a donation, contact Benvenga at 222-1760.

Fall drills begin for Park County athletes
By Tom Gersack, Enterprise Staff Writer

Two-a-days means different things to different people.

For coaches, its crunch time — a mere two weeks to prepare their squads for season openers. Question No. 1 for them is: “Have my athletes gotten their physicals?”

Another worry is making sure each player fulfills the Montana High School Association mandated number of practices before taking the field on opening day.

Football players are required to have 12 practices; soccer, cross country and volleyball players must attend 10; and golfers must practice five times before competing in a MHSA-sanctioned event.

After that, it doesn’t get any easier.

“Am I conditioning them too much or too little?”

“What player will fill what position?”

“Am I pushing them too hard or not hard enough?”

For the athletes, practice — which began Friday for Class A Park High School, while Class C Gardiner and Shields Valley hit their respective gridirons and hardwoods for the first time today — two-a-days are a signal summer is over.

Sooner than later, summer jobs, staying up and sleeping in will be replaced by No. 2 pencils, notepads and a never-ending stream of homework.

But until school actually begins on Aug. 27, athletes’ eardrums will be bombarded with coaches barking, “Just one more!” “Run harder!” “It’s worth it — I promise!”

Park leads the way with five fall sports — golf, football, soccer, cross country and volleyball; Gardiner boasts three sports — cross country, football and volleyball; and Shields Valley features volleyball and football squads.

The Ranger golfers are the first to begin their season, traveling to the Butte Invitational on Aug. 25.

Aug. 29 is a big day for Park as the football team begins its campaign against visiting Eastern Class A power Glendive; the Park and Gardiner’s 3-mile specialists begins their season with the Ranger Invitational; and the Ranger boys and girls soccer teams travel to Frenchtown.

The Park spikers begin their season Aug. 30 at the Whitefish Tournament.

The Bruin and Rebel begin the fall season on the road Sept. 6. Shields Valley is at Denton, while Gardiner travels to Southern C power Stanford.

Shields Valley begins the volleyball season Aug. 30 at the Broadview/Lavina Invitational, while the Lady Bruins are idle until the Sept. 6 Sheridan tournament.

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OBITUARIES
The following obituaries appeared in The Enterprise the week of Aug. 18-22, 2008:

• Rachel Isabel Blaikie, 98, of Palm Desert, Calif., and a former Park County resident, died July 31, 2008, in her home at The Fountains at the Carlotta.

• Gerald “Jerry” William Gertiser, 77, died Aug. 18, 2008, in Apache Junction, Ariz., following a short illness.

• Helen M. (Olson) Griffith, 85, of Livingston, died at Frontier Assisted Living Aug. 20, 2008.

• Frances Depuy Platania, 92, of Livingston, died at Frontier Assisted Living Center, Aug. 19, 2008.

• Richard C. “Dick” Ford, 76, of Livingston, died at the Veterans Administration Medical Center in Denver, Friday, Aug. 15, 2008.