The Independent-Record from Helena, Montana • 6

6 A The Independent Record, Helena, Saturday, Dec. 5, 1981 ciTYDiARv Should city quit picking up leaves? fl.K meeting at noon daily at 1900 Ninth Ave. The Alano Gub is open daily from 10:30 a.m. to 10 p.m. By BILL SKIDMORE IR Staff Writer 1 Today in Helena 10:00 a.m.

AA meeting at the 4B's Cafeteria, Capital Hill Mall. 8:00 p.m. AA meeting at 1900 Ninth Ave. 8:00 p.m. AA meeting at Plymouth Congregational Church, Winne and Oakes.

Vitals Certificates of marriage Timothy A. Wilson, 26, and Barbara J. Coates, 25, both of Helena. He said that spending is in addition to the cost of regular garbage collection services, which he said would not be that much higher if garbage trucks were used to pick up all the leaves. He said he knows putting all leaves in bags will mean many more bags will be needed than at present, but he noted that the city has begun investigating a mechanized garbage collection system that would eliminate the need for bags for most residents.

Erickson said the city's annual fall pick-up of leaves pushed into streets in older portions of the city (the areas with the most trees) costs about $5 for each house. He noted that because only about half the homes in town get the service, everyone pays about 2.50 a year even if he doesn't get any benefit. Erickson added that it is a "guessing game" each fall' to try to get the leaves picked up before snow flies, and that it is difficult to notify people about when crews will be vacuuming leaves in certain areas. The city manager said he understands that initially the leaf pick-up was meant solely for leaves on city-owned boulevards and parking spaces, but gradually grew as residents began dumping their leaves in the street, too, Erickson said he wants to hear from Helenans about what the city should do. People who want to make their opinions known may complete the following questionnaire and return it in an envelope addressed to "Leaves," in care of the City Manager at the City of Helena.

Leaf questionnaire Circle the appropriate responses and mail to the City Manager, City of Helena 59601. Do you think the city should continue its current practice of picking up leaves swept into the street by residents? Yes No Do you think the city should institute a community compost heap at the city landfill, where residents could bring their leaves in the fall and pick up compost in the spring? (Erickson said such a project was successful in the suburb of Minneapolis where he was city manager before coming to Helena). Yes No Do you think the city should have an annual "clean-up day" each fall, similar to the clean-up day in the spring, when residents could bring their leaves to the landfill on a specific Sunday when it normally would be closed? Yes No Shortly after City Manager Bob Erickson came to Helena in the fall of last year he set to work on a common fall project raking his yard. Later, after he had bundled up his leaves for the garbage man, his neighbor dropped by. "You know, Bob," he said, "you don't have to do that.

You just rake all the leaves into the street." Erickson couldn't believe his ears. "You're kidding," he said. "You'll find out," said his neighbor. Sure enough, Erickson quickly found out that one of the city's duties was to vacuum up leaves that residents had pushed out into the street in front of their homes. To Erickson, it was unheard of.

He'd like to make it unheard of, again. He thinks Helena residents might agree, especially after they learn how much they're paying for the service. Erickson said this year is as good time to quit picking up residents' leaves because the city's rolling leaf, vacuum, known as a Vac-All, was purchased in 1942 and is too old to be repaired any more. A new one will cost more than $14,000, he said. Erickson added that yearly leaf pick-up costs add up to nearly $20,000 (or about two-thirds of a mill worth of property taxes) in labor, fuel and equipment expenses.

coLrts A NEGLIGENT HOMICIDE charge has been brought against Brian L. Sanderson, 18, following an Aug. 20 two-motorcyle accident in which Ralph Parmer 25, also of Helena, was killed. Sanderson and Parmer were drivers of the two cycles that collided head-on in Davis Gulch. A coroner's jury ruled that there was criminal negligence on Sanderson's part.

The collision occurred in Parmer's lane. Both Sanderson and a passenger on Parmer's bike, Dale Hamlin, 26, were seriously injured. Todd no longer working as fire marshal FOUR MONTANANS were fined $300 this week in Justice of the Peace Bill Keopp's court for Department of Fish, Wildlife and Parks hunting violations. Kevin R. Hunter, 22, of Great Falls pleaded guilty to shooting a mule deer fawn in November.

John E. Thomas of East Helena and David J. Smigaj of Helena, both 22, were fined for possessing an illegal game animal a spike bull elk. They were arrested near Maryswille Oct. 14.

Terry L. Clarke, 34, of Sun River, pleaded guilty to possession of a mule deer out of season. He was arrested near Augusta and pleaded guilty Nov. 23. Helena Fire Marshal John Todd has agreed to a severance agreement with the city and is no longer working for the Fire Department, City Manager Bob Erickson said Thursday.

He said Todd will be paid through Dec. 31 and will be paid for 140 hours of compensatory time in accord with past practices in the Fire Department. Todd resigned his position, citing what he felt was an improper demand by the city that he refrain from selling insurance, and citing what he said was the city's inadequate fire- prevention program. Erickson and Fire Chief Norm Gray suspended Todd for a week late this summer for selling fire insurance in what they said was a conflict of interest, and they said they would fire Todd if he continued to sell insurance. Erickson, who said he wishes Todd well, said he agreed with Todd that given the fire, marshal's dissatisfaction with the city there was little point in having him stay on the job through the end of the month.

Erickson said he intends to improve the city's fire-prevention efforts, although at a slower pace than Todd wanted. For instance, he said, he is considering a reorganization that would combine Fire Department prevention efforts with Building Department inspection procedures a separation that has caused problems in the past. He said Todd will not be replaced. Instead, his duties will be taken over by Gray (who will have the title of fire marshal in addition to chief), by Assistant Chief Richard Coe and Fire Prevention Officer Bob Knudson. Aw John Todd: won't be replaced NICK ROTERING, 17, of Helena, has been ordered to Pine Hills School for Boys for violating the terms of a 1980 court order stemming from a robbery admission.

Helena Judge Gordon Bennett sent the youth to the Miles City reform school because he didn't complete the Lighthouse drug program at Galen State Hospital as ordered as a condition of probation. Rotering participated in the June 1980 robbery of the Bonnie Durham home at Reynolds Trailer Court. Great Fails nursing home must repay SRS By SALLY HILANDER IR Staff Writer ing Home must repay more than the borne will be subject to 14 percent interest up to a limit of $70,368. Any additional monies due SRS must be paid by Park Place within 30 days, regardless of whether the nursing home owners request a judicial review of the hearings officer's decision. The Great Falls nursing home is not accused of fraud.

SRS Attorney Catherine Swift said earlier the owners had been up front about its Medicaid claims. The issue is whether certain expenditures are reimbursibie under the federal program. Park Place owner Ben Broderick brought the lawsuit in Helena District Court, contending he had been denied due process at the administrative level a charge SRS denied. Because of the out-of-court agreement, that lawsuit is dismissed with prejudice, which means it cannot be brought again. FRANCIS B.

WRZESINSKI of Helena has been charged in Helena District Court with three felony counts stemming from a November burglary at Big Sky Ready Mix. He is charged with the burglary itself, as well as theft of a "check protector," cash and blank checks. In addition, he is charged with accountability for forgery, because he allegedly aided and abetted Sam N. Riley in forging a Big Sky Ready Mix signature on one of the checks, before cashing it for $164.55. Wrzesinski is to appear in Judge Peter Meloy's court at 8 a.m.

Dec. 15. A $128,882 court dispute over Medicaid payment: between a Great Falls nursing home and the state Department of Social and Rehabilitation Services will gc back to the administrative level. Under an out-of-court agreement reached by Part Place Nursing Home and SRS this week, the home must repay to SRS, by Sunday, $39,530 that it earlier received from Medicaid for patient care. In addition, SRS will retain $32,220 it withheld last May after an audit called into question a total of about $128,882 of the nursing home's claims for Medicaid reimbursement.

But the issue of whether the claims were authorized under the federal medical program has not been resolved. An administrative hearing will be held to answer that question within 60 days. If the hearings officer, the "judge" in an administrative hearing, determines that Park Place Nurs MARIE E. BENJAMIN of Helena is charged in Helena District Court with felony theft because she allegedly 'wrongfully obtained food stamps, Aid to Dependent Children and medical assistance between March of 1980 and May of 1981. She is to appear before Judge Peter Meloy at 8 a.m.

Dec. 15. a-iJ Our Separate Skirts and if graveley says arbitrator errs in county-employee rhubarb Blouses AC 7 i i Am tfj SALLY HILANDER 1J Staff Writer 30 off Choose from our largest selection of blouses ever. Hurry In Sale Ends Sunday December 6 Register for Scrip Store Hours: Mon-Tues 9:30 to 5:30 The county did not re-hire Smith. MPEA then brought a lawsuit in Helena District Court, and the presiding judge, Arnold Olsen of Butte, ordered the county to reinstate Smith until the issue is settled on its merits.

In the county's response filed Friday, Graveley said Levak's re-hiring order "is contrary to the express language of the collective bargaining agreement." He said Levak ignored "post-discharge conduct of insubordination" and issued a decision that is "arbitary, capricious and punitive, rather than remedial in nature." Kovich testified last week that Smith made numerous accounting errors that still are cropping up in the county's bookkeeping. Judge Olsen gave Graveley and MPEA Attorney Barry Hjort until Dec. 11 to file briefs in the complex issue. They are at odds over the applicability of Montana's arbitration laws. A hearing on the merits of the case then will be held.

In the meantime, Smith is working for the county under Olsen's temporary injunction. Weds thru Fri 9:30 to 9:00 .,1 Saturday 9:30 to 5:30 Sunday Noon to 4 An arbitrator who ordered Lewis and Clark County to re-hire an employee fired last year for alleged insubor-'. dination acted beyond his legal authority, County torney Charles Graveley says. I1'; Graveley Friday filed a motion in Helena District Friday to dismiss the case brought by employee flalph J. Smith and the Montana Public Employees Association that represents county employees.

He contends the September rehiring order from arbitrator Thomas Levak of Portland, violates the county's rights to "run its business in the most efficient manner possible" including firing employees who aren't doing their work. Smith was employed as an accounting clerk by Clerk and Recorder Helena Kovich for about nine months, before she was fired last Jan. 20 because, Kovich said, she refused work assignments. The employee contended she had been denied pay raises promised her by Kovich, as well as an upgrade in her job classification under the county's pay matrix. A grievance action, prescribed by the collective bargaining agreement between the county and MPEA, was brought.

When no resolution was reached, the mutually-chosen arbitrator was brought in. Levak ordered Smith reinstated in September and said the employee had been fired without "just cause" because Kovich considered her refusal to perform certain duties as a personal affront. Carroll shows student art A student art exhibit featuring the work of about 150 Carroll College art students will be shown in the Carroll Library next week. The exhibit will be open to the public free from Monday through Friday and Dec, 11 from 8 a.m. to 10 p.m.

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