As Yogi Berra once said, "It aint over 'til it's over." And in the case of Aspen Springs, the largest subdivision ever proposed in Ravalli County, it aint over.

Many people thought it was over back in October 2006 when the County Commissioners denied the subdivision application. But the developer, Westmont Developers, Inc., sued, asking the District Court to overturn that denial and reverse the commissioners' decision. District Court Judge James Haynes, in a complicated 30-page order issued last Thursday, did not reverse the commissioners' decision and approve the subdivision, but he did remand the matter back to the County Commissioners for reconsideration, giving the developer another shot at approval.

In June of 2005, Westmont Developers, Inc. proposed a 671-lot subdivision on 393 acres north and east of Florence in the Eight Mile area. It was proposed to be built in 33 phases over a period of 22 years. It took the Ravalli County Planning Board over a month to review the proposal at five separate meetings. It came with an associated request for eight variances from the subdivision regulations. The Commissioners then reviewed it over a period of days but sent it back to the Planning Board after new information emerged. The second time it came before the commissioners they approved all but one of the variance requests and then denied the subdivision.

In their lawsuit the developers claim that they suffered a denial of due process, equal protection under the law and were subjected to a takings/exaction.

The one variance request that was denied had to do with a requirement in the county's subdivision regulations that roads in a new development connect to an improved right-of-way or easement in adjacent platted areas to provide for inter-neighborhood traffic flow. The developer did not want to build the connecting road and asked for a variance from that requirement. In its denial of the variance request the county noted that it now made the subdivision application deficient. But the commissioners continued the process that day and in a "blended hearing" went on to consider the subdivision proposal and ended up denying it for a number of reasons.

Westmont claims in its suit that the county "impliedly waived" compliance with the variance when it initially "ruled," in a letter from the Planning Staff, that the subdivision application was "sufficient" and complete.

In its final written decision, which came nearly five months after the oral decision to deny the application, the county argues that the denial of the variance request rendered the application insufficient and that the county's subsequent consideration and denial of the subdivision was "extraneous," or unnecessary. The county asserted in its argument that Westmont should re-apply and address that deficiency in a renewed application.

Judge Haynes found that Westmont's claims of an "implied waiver" were not founded on any laws or on any facts in the case. He denied their claim and refused to reverse the commissioners' decision. He found that the letter from the Planning Staff did not amount to an official ruling and that the denial of the variance request did render the subdivision application insufficient, a fact, he notes, that both the developer and the county overlooked in the process. He found the developer's "waiver theory" without merit.

The county, in its legal argument, claimed that the developer's request to reverse the subdivision denial was premature and asserted that the developer should re-apply and address the problem of the inter-neighborhood traffic connection. Judge Haynes agreed with the county. He concluded that because the county went forward with a subdivision review (and denial) without giving the developer a chance to make the application sufficient, the record on appeal is incomplete.

The developer placed a second and third motion before the court besides the one decided upon. The second re-raises, and elaborates on, the premise that these cumulative improved road requirements constitute unconstitutional "exactions." The third argues that it is exempt from the requirements of the County's emergency interim zoning regulations that limit development to one dwelling per two acres which were enacted pursuant to a citizen initiative after Westmont filed its subdivision application in June 2005.

"The Court is unable to fairly and fully assess the remaining claims Westmont brought against the county until this keystone matter is resolved. The Court has the inherent authority to fashion an appropriate remedy. To afford an opportunity to create a sufficient record for review, the Court determines a remand of this matter is appropriate. Westmont should be afforded reasonable time to submit a revised preliminary subdivision application for Aspen Springs," wrote Haynes. He gave Westmont 90 days from the date of his order to resubmit a revised preliminary plat application addressing the matter of inter-neighborhood traffic flow.

In his conclusion Haynes states that the Board of County Commissioners has and had the authority and the duty to consider additional information in the fluid process of subdivision review. This includes information related to the subdivision regulations pertaining to inter-neighborhood traffic flow. He finds Westmont's claims of "deemed completed," "implied waiver" and "detrimental reliance" are "without merit."

"Westmont had no right to expect its variance request related to (the inter-neighborhood traffic flow) would be approved, or conditionally approved. Westmont held only a right to request a variance. Even when the County's planning staff suggest a variance could be granted, the Commissioners have an independent duty to consider and grant any variance request only upon specific, narrow criteria, including hardship. Here, it is unclear to the court how the Commissioners strictly applied (the variance criteria) in its blended variance subdivision review hearing on October 16-17, 2006. What is clear is the Commissioners denied Variance Request No. 2 based upon public safety, traffic, and traffic safety concerns, and then incorporated these reasons into the commissioner's denial of the Aspen Springs Subdivision application. The county's denial of the Aspen Springs Subdivision based upon those stated reasons, is neither arbitrary or capricious, and should be upheld," concluded Haynes.

Haynes states that the matter is "conditionally remanded" to the Commissioners for further consideration of any revised application that may be turned in within 90 days. If a revised application is turned in within that time frame, "the subdivision review process and procedures set forth in Title 76, Part 6, MCA shall thereafter apply.

"If no timely revised application is submitted, the County is ordered to notify the Court of such a fact, and the Court will then direct further case scheduling of the remaining claims and issues."

Santa comes early to literacy program

By Michael Howell

Literacy Bitterroot enters its 20th Anniversary year with an exciting announcement. The organization has just received the largest single donation in its history - a check for $40,000 from Rob and Terry Ryan for the literacy endowment fund. The Ryans chose Literacy Bitterroot as the vehicle to make an extraordinary lasting impact on the community.

In 1999, the Board of Directors of Literacy Bitterroot established a permanent qualified endowment fund. Contributions to this fund can never be spent, only earnings. In 2000, Citizens State Bank donated the first $1000 to the fund. Two years after the fund was established, a local private citizen donated stocks valued at $37,044. At that time, the Literacy Board made the decision to not spend any earnings until the fund exceeded $100,000, at which point the earnings could be expected to secure annual overhead costs for the organization.

Through prudent investment over the past six years, the fund has nearly doubled in value and is now worth $70,000. The $40,000 contribution from the Ryans achieves the fund's goal. Now its earnings can be used to pay items like rent and utilities. With this donation, the endowment fund will now generate approximately $10,000 per year, forever.

Terry and Rob Ryan said they "decided to make this gift to Literacy Bitterroot because their GED program had more graduates last year than either Darby or Victor High School and yet the organization receives no funding from the county."

The GED Program receives referrals from local courts and other agencies. Judge Robin Clute sends people who come before her court to the literacy program if she feels they can benefit. She expressed gratitude for a local program to refer the students to for learning to read or completing their high school equivalency diploma.

Judge Clute said, "If they complete their GED, I may reduce their fines or shorten their probation."

The program also gets referrals via word-of-mouth from former students. About half of the 144 applicants served last year came to classes after talking to a former student about how the program helped them.

The Ryans' unprecedented donation will make it easier for the literacy program to focus on the needs of the students instead of worrying about paying the rent. Literacy Bitterroot also receives federal grants of about $65,000 each year; however, these require a local match of $19,182. Funds for family literacy activities and book distributions for needy children must be raised in addition to the required match, for total annual fundraising of $100,000. These funds come from a variety of private and public partnerships, including partnerships with local schools. Literacy Bitterroot provides the only public GED services in the Bitterroot Valley. Anyone interested in helping with local matching funds can contact Executive Director Dixie Stark at 363-2900.

"The Bitterroot Valley is fortunate to have people like Rob and Terry Ryan who choose to invest in the long-term future of our community," said Stark.

Daly Mansion Preservation Trust receives $10,000 grant

By Michael Howell

The Daly Mansion Preservation Trust received a grant last week from PPL Montana Community Fund. The $10,000 check was presented to Trust members by PPL Montana Community Affairs manager Lisa Perry. The money will be used to help restore the "Green Room" in Montana Copper King Marcus Daly's historic home. The building, which had fallen into disrepair, has been restored by efforts of the Preservation Trust and now serves as a community center. It has also become a major tourist attraction, receiving more than 10,000 visitors a year.

PPL Montana created its Community Fund to further strengthen the partnership between the company and local communities. Under the direction of a statewide advisory board, PPL Montana has awarded a total of $600,000 since 2005 to more than 95 organizations that are addressing issues related to education, the environment and economic development. Another $100,000 will be awarded in the spring of 2008. Information about the Community Fund is available on the company's we website at www.pplmontana.com.

Countywide Planning Roundtable scheduled

By Michael Howell

In concert with the finalization of a zoning consultant contract, the Ravalli County Planning Department is announcing the inaugural Countywide Roundtable meeting on Wednesday, December 19, and a public zoning workshop slated for late January.

On Monday, December 10, the Board of County Commissioners signed a contract that solidified Clarion Associates and the Public Policy Research Institute (PPRI) of the University of Montana to act as the County's consultants on the countywide zoning project. With experience in planning and zoning projects in the West, Clarion Associates was selected to assist with the creation of a zoning map and regulations. In conjunction with Clarion Associates, PPRI will be guiding the public involvement portion of the project.

Clarion Associates and PPRI are working with the Planning Department to prepare for a large public workshop that will be held in late January. The consultants are expected to give an overview of the workplan for the remainder of the zoning process, provide a diagnosis of the existing set of zoning regulations, summarize the process for creating zoning district maps, and present guidelines to the Community Planning Committees (CPCs) as they begin crafting their mapping recommendations. This workshop will be free of charge and open to the public. The Planning Department expects to announce a final date and location for this workshop by the end of December. Additional workshops are expected throughout the first half of 2008, and CPCs will continue holding their local meetings in between the countywide workshops.

The first Countywide Roundtable meeting will be held on Wednesday, December 19, at 7 p.m. in the Commissioners' meeting room at the Ravalli County Administrative Center. The meeting will be open to the public. The Roundtable will be made up of representatives from each of the seven citizen-based CPCs that have been working since September on the countywide zoning project. The purpose of the Roundtable group is to give CPCs a forum to discuss and resolve issues of countywide or inter-local significance related to the zoning project. The agenda for this first meeting will include progress reports and feedback from each CPC, a presentation from Matt McKinney of PPRI regarding the zoning workplan, and planning for future Roundtable discussions.

For more information on the upcoming roundtable meeting or workshop, call the Ravalli County Planning Department at 375-6530 or email planning@ravallicounty.mt.gov. For more information on the Countywide Zoning Project in general, visit www.ravallicounty.mt.gov/planning.

Stevi policeman returns from duty in Iraq

By Michael Howell

Stevensville policeman Mike McGouldrick has been a member of the U.S. military for than 26 years and in the course of that time served on almost every continent in the world, except South America. His latest tour of duty took him to Iraq.

It began on July 7, 2006 with a stint at Fort Sam Houston where he took a Combat Casualty Care Course at the Army Medical Training Center and learned such things as treating gunshot trauma. From there he went to Fort Riley, Kansas to become part of a Medical Training Team. From there he went to Kuwait where he underwent further training before actually going into Iraq.

In Iraq he was first stationed at Forward Operating Base Kalsu, about 30 kilometers south of Baghdad near the town of Mahawhelli where he helped train members of the 8th Division, 2nd Brigade of the Iraqi Army. Besides giving them instruction in military medical training, he also helped train Special Platoons (scouts) in tactical deployment. From there he went further south to FOB Echo near the town of Diwaniyah, about 130 kilometers south of Baghdad.

He said that there were relatively few Americans at FOB Echo, never more than 400, and that the fortified base was owned and operated by the Polish army and contained troops from about 13 different countries including Latvians, Scandinavians, El Slavadorans, Lithuanians, and Romanians, to mention a few. He said that the language disparity was a challenge and that everyone operated with translators. Some countries did not allow their troops to go outside the base but the Americans, including McGouldrick, did serve in combat operations outside the base along with the Polish, Lithuanians and Iraqis.

He did pick up a little Arabic while he was there, at least enough to be able to tell if his translator was relaying his messages correctly.

"You can't completely trust anyone," said McGouldrick.

McGouldrick said he was one of eleven Americans working with about 4,000 Iraqis and about 1,100 Polish soldiers.

FOB Echo was a refueling station about halfway between Kuwait and Baghdad in an agricultural area between the Tigris and Euphrates. It was swamp land that had been drained by Saddam Hussein and put into wheat and rye production for the most part. Many of the army's missions off base involved delivering seed and fertilizer to the local farmers. McGouldrick also helped rebuild medical facilities in the area, including a children's hospital.

"The stress level was beyond belief," he said. The greatest stress did not come from the combat excursions, however, but from the relentless rocket attacks on the base. He said that at least 700 rockets landed on the base during his stay there.

"Anytime troops left the base on any type of mission a rocket attack was inevitable that evening," he said.

He said that on combat missions he wore body armor and rode in an armored Humvee and insurgents usually armed only with an AK-47 with no body armor in a Toyota were not much of a match. The real stress came, he said, after returning to base, after dinner, when the rocket attacks would come.

"Most guys got an average of four hours sleep," he said. "The stress and adrenalin kept you going."

Besides delivering food, seed, fertilizer, and working on medical facilities, he also participated in actual combat missions. But those missions were actually more akin to civilian police enforcement, he said. They would receive intelligence about an individual in the area, do some investigating and then go out, not with the aim of killing the "bad guy" but to capture him.

The insurgents are not really an army, he said. They are an extreme minority of the population trying to de-stabilize the country. He said that the area he worked in south of Baghdad was primarily inhabited by Shiites. It was also close to the Iranian border and most of the "bad guys" they caught had papers indicating they were actually Iranians. He said that the men that they detained were turned over to the Romanians who handled intelligence at the base.

McGouldrick said that, in his opinion, the U.S. presence was for the good. He said that the average Iraqi, and he had contact with maybe something on the order of 5,000 during his stay, appreciated what he and the other troops were doing.

He said that the average Iraqi only wanted to have a house, a cell phone, a T.V., "just like we do in Stevensville," he said. "But their only chance at this point is the American military stabilizing the country."

He said that when he left there were five hospitals now operating in the area, one of them a non-profit children's hospital. The insurgents, he said, would like to destroy them. He said that what the people hope for is for the average citizen to finally profit from the country's oil supply. He said that there are more oil reserves in Iraq than in any other surrounding country but, unlike the people of Kuwait and Saudi Arabia, the general citizens have not reaped the benefit.

"They are a rich country," said McGouldrick. "But they don't have the freedom to exploit it. What they say is, 'We are very rich under the dirt and very poor on top of the dirt'."

"I don't miss the rockets," said McGouldrick. "But I do miss doing things that make a person's life significantly better." Like the work on the children's hospital. And the young girl whose life he very probably saved by rendering medical aid. He said that her mother was so grateful that she handed him a basket of dates to show her gratitude.

That gift showing her gratitude was itself a very courageous act, according to McGouldrick. "If it had been witnessed by the wrong person, her husband could have had her head cut off, legally," said McGouldrick. "The man/woman thing over there," he said shaking his head. "We don't want to go there."

He said that the good being done in Iraq by American troops was not getting the press coverage it deserves.

"The 3,900 GIs that have died, God bless their souls and their families," he said. "They are dying for a picture on a different canvas than what the mainstream press is painting."

He said that he was very glad to be back in Stevensville.

He said that when he had a chance to fly home for a visit and the Main Street Association and Big Sky Travel quickly raised some funds to cover part of the cost, it touched him deeply.

"The welcome I have received from the community has been very humbling," he said.

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