The report was one of several being generated by subcommittees of the planning board as part of the county planning department’s efforts to modernize subdivision regulations. As is standard, the board voted to pass the report on to commissioners, as they do with all findings, opinions and reports. But the board also voted 6-2 in support of the “spirit and intent” of the Hillicoss report.

Many of the recommendations for subdivision regulation modernization deal with details, like hard-to-understand page numbering and double-negatives. The suggestions are being used by the planning department, which will make recommendations to the county commission for the new regulations later this year.

Hillicoss’ recommendations, however, also suggested building homes underground, donation of 80 percent of the land to be subdivided to a conservation trust, removing and relocating rich topsoil from land about to be developed, and donation to a land trust an amount in dollars equal to 90 percent of the sale price of a lot about to be subdivided.

And those suggestions - and the fact they were even being made by someone on a county-appointed board - had a lot of people boiling Tuesday.

“I don’t want Mr. Hillicoss to come up with any more grand plans,” said Hamilton resident Gene Williams.

“To even propose such a thing as this is ludicrous,” said John Greathouse. “Obviously this is an attempt to shut this county down.”

“I pay the taxes on my property - I don’t ask anyone on the planning board to help pay my taxes,” said John Gibney. “I believe in my heart that it’s a very evil thing that is happening. I am up-to-here with all the planning that is going on here.”

County commissioners have yet to fully look at the Hillicoss report, and said on Tuesday that in many ways they were as upset as members of the public were.

Commissioners at 10 a.m. today are scheduled to make appointments to expired and open seats on the planning board as well as several other boards. Hillicoss is one of two planning board members whose seat expires at the end of this year.

“Things kind of got out of control because somebody gave too much power to one man,” said Commissioner Kathleen Driscoll.

“This was unfortunate,” Commissioner Jim Rokosch said of the report. “There was some bad judgement that was exercised here.”

What commissioners and the planning department, however, also agreed on was that uproar over the subcommittee minority report recommendations threatens to derail the necessary and mostly uncontroversial task of updating subdivision regulations.

“We are not planning,” said Commission Chairman Carlotta Grandstaff. “We are modernizing subdivision rules, which the state requires ... That will make things better for everyone.”

Not only is the report socially unpopular, but County Deputy Attorney Karen Mahar said in a memo to the county planning department, it is outside the purview of the planning board. Mahar reviewed the Hollicoss report and wrote, in a memo to John Lavey, the county planner, that it “is less a report than a political commentary.” She added: “Any portions of the Minority Report suggesting unfettered regulation in areas not identified by the Legislature are illegal and must be disregarded.”

This was not the first time the planning board has been chastised by the county commission. Back in March, commissioners wrote in a memo to planning board members, “Until changes in either state law or county regulations are made, you - and we - are bound to follow existing laws.”

On Monday, Lavey penned a similar letter to board members. After a review of the Hillicoss report by planning staff, Lavey wrote, “any further investment of resources or energy into the review of the minority report is unwarranted.” It adds: “The tone of the minority report encourages consideration of assertions of fact far beyond the legal parameters established by Montana law ... and disregards previous legal precedent.”

The tools suggested by Hillicoss to address growth, Lavey said, simply don’t exist, and the report itself and the fracas it’s generated is diverting attention away from an otherwise good project.

Grandstaff said release of the Hillicoss report, and planning board support for it, left her and other commissioners outraged and frustrated.

“I don’t believe there is any support for this minority report at all,” she said. “I have grave concerns about the board’s endorsement of the ‘spirit and intent’ of the report.”

Lee Tickell, chairman of the planning board, said he will concur with the opinions of Mahar and Lavey.

Supporting the spirit and intent of the Hillicoss report, he said, meant an acknowledgement of agriculture’s importance in the county and the role it plays as a critical component here. The board did not bother to debate the specifics of Hillicoss’ suggestions, he said, because that could have taken all night. First the board wanted the opinion of the planning department. So the board sent the report on to the planning department for review, and the review said the report would not work for the county’s purposes, and as far as Tickell is concerned, that’s that.

“I think at this point, no further action will be taken other than to move forward with whatever the next steps are on subdivision regulation revisions,” he said. “Like any advice, you can accept it or modify it or hit the delete key, and however that advice is handled is OK with me, and whatever people have to say - we are open to that, too.”

Commissioners said in their plans today to fill expired terms on the board they would look for candidates who could add a depth of knowledge and variety of opinion to planning debates, but not someone who represented the extreme on either side of an issue. The filing period for open board seats closed Monday.

Hillicoss did not return a phone call seeking comment.

Log on to RavalliRepublic.com to comment on this and other stories.

Reporter Jeff Schmerker can be reached at 363-3300 or at jeff.schmerker@ravallirepublic.com.

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Dave wrote on Jan 4, 2010 10:00 PM:

" Lee Kierig...When are you going to quit spreading your lies about the world's population being unsustainable? We don't live in 3rd world countries where this is taking place. We live right here in the USA where there's plenty of room and it is very sustainable. Life on earth isn't collapsing, we aren't killing each other, and we're not destined to destroy the earth or each other because we don't subscribe to your communal lifestyle. My property rights are individual rights protected by the constitution and you'll not take them away with one of your dope smoking illusions of life on earth ending because you didn't get to force your will on other people. Go live in a commune somewhere and leave me alone! "

Kathie Roubik wrote on Jan 2, 2010 10:41 AM:

" Mr. Hillicoss has a right to free speech.
There are those who don't care to have agricultural lands protected, and that is usually for their own gain.

Farmers and ranchers are often subjected to the buy low, sell high mentality of land speculators, and their land is sold at great profit to those who always seem to know which out of state company wants the land. The developers who gain so much are often from out of the area,and disappear when their profits have been made. These builders do not live with the consequences of their actions.

Mr Hillicoss has a dream of protecting ag land from these land pirates. Take away his free speech, and anyone can be silenced.

What will be taken after this freedom? My religious faith, my right to bear arms? The Germans stood by in the last century as their freedoms were eroded. We must defend each individuals constitutional rights, and stand for giving those in the minority respect when they speak. Why are individuals in the minority silenced? Who is gaining? The culprits are those in favor of stealing from the farmers and ranchers, not those who dream of protecting them. "

give me a breack ben i mean boggled wrote on Jan 1, 2010 1:31 AM:

" I am sick and tired of a quasi government committee being used to promote the politics of the supreme soviet. Boggled, ben, whoever you are, you have a right to free speech and thats great. Sing the song of the communist manifesto all you want. But for a committe affiliated with the government to take such a preposterous, arrogant, illegal position takes the cake. To Ben/boggle and the other members of the polit bureau-GO BACK TO RUSSIA. "

something here wrote on Dec 31, 2009 9:48 PM:

" Same old same old hillbilly ideas, that's why this valley will never be anything but a second rate place to live. Hillcross isn't demanding any of his "suggestions" be put into place, this was one of many reports generated. The locals want to keep any new and progressive ideas out of the valley. "

boggled wrote on Dec 30, 2009 8:01 PM:

" "I can't believe the ignorance of people. Obviously Mr. Hillicoss is being nailed by the right for his innovative ideas that most likely he stated because nothing else seems to work in this county.
i see the derogatory comments of those that have ulterior motives such as getting themselves into office. So it is a sad day for this county when we get rid of the people that truly care what happens to this county and who have worked so hard for so many years to make good changes..The replacement for Hillicoss could be the distruction of all the good things that have been achieved by people who volunteered their time because they so truly cared about the county and its' people. "

Concerned Citizen wrote on Dec 30, 2009 7:00 PM:

" I have to agree with "Irritated". It's obvious what the people of this valley want. How about listening to it and not just one individual?? Seems like a few of the Commissioners sit back and let someone do the work and then when it hits the fan, they raise their hands in denial. Thank God election is coming. "

rosey wrote on Dec 30, 2009 6:54 PM:

" I agree with "disgusted" completely. On top of all the bs, this political theater was orchestrated by two sitting commissioners who regularly benefit from the rantings of local teabaggers. We must do better than this. "

Man o man wrote on Dec 30, 2009 4:48 PM:

" Hypocrite Chicken--Please read the article. What Ben was proposing is AGAINST THE LAW. It won't happen because of that FACT. I think most people including ALL the County Commissioners realize this and that the OPINION he expressed is extreme and unpractical. People need to cool down and quit the fear mongering. The paranoia in this valley is sad. "

tf wrote on Dec 30, 2009 4:29 PM:

" Hypocrite Chicken - Ben's ideas are outlandish. So are Lee's. But it is what it is. There's nothing more to it. The ideas were listened to and properly dismissed by those who have any real sayso. Why does this have to be a backroom conspiracy of some kind? Lee is gone and Ben is leaving. Both "sides" of these issues have been known to say some crazy things. The reaction to this non-issue was crazy too. "

Hypocrite Chicken wrote on Dec 30, 2009 2:58 PM:

" Why are people concerned? The latest blog from Lee Kierig is why. If these were nutcases speaking from the fringes, it would not matter. Instead this is from Ben, a long time repeat appointed member of the Planning Board and from Lee, the past chairman of the planning board. Lee was appointed by 3 Republican commissioners because "the only other applicant was a realtor". Also, check into where these folks live. Ben has several above ground buildings on his place with above ground power lines running everywhere. Lee live on a remainder lot from land that HE subdivided twice (presumably for personal gain). It is good to see there are watchdogs out there to keep stuff like this from sliding through. On the conspiracy theory side, this was so outrageous, it could be a ploy to test the waters, or to try to make the 3 liberal commissioners that are up for election this year look more conservative. Don't fall for it! "

Stwick wrote on Dec 30, 2009 2:14 PM:

" If Mr. Gibney's measure of things is to be implemented, we sure do have a major watering down of what constitutes something that is "very evil". Apparently anything someone disagrees with is simply labeled "evil" as a substitute for substantive or reasoned discussion. Political and civic debate in this country has seriously devolved to a ludicrous level that will inhibit the democratic process in this country. "

Alsodisgusted wrote on Dec 30, 2009 12:59 PM:

" Sad but true that this meeting is yet another example of the cultural demolition now in progress in the Bitterroot Valley. Going backward rather than forward as a civilized people, here in the Valley it is perfectly acceptable--indeed laudable--to simply dismiss anyone you disagree with as a "Commie" or "Marxist" or some such name. No need to seriously consider and debate various ideas. Just resort to name-calling, and threats.
And, it helps to show that you are armed. That seems to be the Bitterroot way these days. Nice. "

BL wrote on Dec 30, 2009 12:41 PM:

" Right on the money, "disgusted", "for crying out loud" and others! This thing was blown clear out of proportion and, as I understand it, began with a "rally the troops" e-mail from Suzy Foss who is a candidate for county commissioner. Hmmmm. Let's get our facts straight before we go forming lynch mobs, people. Especially if you're a candidate for office. This was a waste of time, energy and emotion. Right now, the conserative cause can afford no waste. "

Lee chicken little Kierig wrote on Dec 30, 2009 11:56 AM:

" The central theme here and EVERYWHERE on EARTH, is GROWTH and a fundamental misperception of what "property rights" means. World population is far beyond sustainable limits NOW. We cannot continue to look the other way from the reality of what we and ALL future generations are facing right now. Wealth extraction from land devlopment schemes is THE underlying foolish perception that is clearly marking time by sentencing the entire stock of humanity, ALL life and EARTH to a certain collapse. We are plainly KILLING each other, All life and EARTH for puny goals to reap(rape) a bloated prosperity for ourselves...driven by the "I", "ME" and "MINE" among us. It is incumbent upon us to arise for the Noble Purpose to become better students of WHO we are and where we are going. Ben has a far-reaching vision that dares to attempt at revealing the catastrophe that awaits IF we don't ascend to a higher sense of COMMON VALUES, COMMON TRUST and COMMON TRUTH to define a SUSTAINABLE COMMON DESTINY...thanks, Ben...your courage in the face of hopelessness is to be lauded...BUT...I'm afraid you're not gonna see a meaningful engagement of THE TRUE FINDINGS OF FACTS at this community level...too much ignorance, too many fools looking for more pie than their share while asserting their "Wild west free rights" claims against all proprietary duties to uphold the essential nature of "Responsible Liberty" and its relationship to the "Domain of Public Trusts." OUR TIME is ,indeed, upon us. NO, everyone...there is no "smart growth"...not here...not anymore. Wake up. "

calliope wrote on Dec 30, 2009 11:50 AM:

" Believe it or not, it can happen! In another state I have read planning department staff reports for projects with the same kind of trade offs, dollar value and land exchanges to mitigate the loss of agriculture land.
Anything is possible in the changing landscape of America. "

Man o man wrote on Dec 30, 2009 10:19 AM:

" I totally agree with For crying out loud wrote on Dec 30, 2009 9:43 AM:. There is no way that proposal was going anywhere. People need to take the time to read, listen and absorb what is in front of them BEFORE getting so worked up. This thing has been blown totally out of proportion. People really need to control their emotions and engage their brains. Civility needs to be brought back into politics. "

tf wrote on Dec 30, 2009 10:08 AM:

" It was a ridiculous report that is totally someone's pipedream and nothing more. Somehow it turned into yet another "conspiracy theory" with the same loud people yelling whatever nonsense they felt like. I'm surprised there wasn't a mixture of guns and cups of tea at the meeting. "

45 yr Bitterooter wrote on Dec 30, 2009 9:54 AM:

" Ben Hillicos, please impose your ideas upon yourself before trying to spread your Liberal Agenda throughout Ravalli County. Moving to Florence from California with Ponytail, was a slight indication of character. I know you probably mean well but using this Committee to implement your personal ideals is NOT public service. "

For crying out loud wrote on Dec 30, 2009 9:43 AM:

" I can't believe how this has blown out of proportion AGAIN! What is it with people? I'm beginning to think it's the norm to be uninformed on how things work.

The Planning Board is a group of volunteers. As a member of the board, Ben H. wrote a Minority Opinion-on his own time. He presented it to the board. The board decided to allow his minority opinion to be passed on. As volunteers, they chose to use their time to review Ben's report and voted whether to send it to the Planning Dept and commissioners. That's it! That's how it should work. Viewpoints shared. The board is only there to advise. They don't make policy.

I am so tired of the over the top, knee jerk reactions that some people have to their "pet peeve" on planning. This group that protested the presentation of the minority report were the one's who wasted the commissioner's time. Ben's report was noted, as it should be, but the Planning Dept. has correctly noted that the measures in Ben's report do not fall within the scope of law. Nothing happens with any recommendations without a review by the Planning Dept to make sure it falls within the law.

This hysterical reaction (the name calling is so typical) on the part of the anti-planning group is really uncalled for. I'm all for discussion but there are a nasty group of people who have no interest in facts or procedure. "

disgusted wrote on Dec 30, 2009 9:12 AM:

" I'm disgusted with Hillicoss's infantile rant in the guise of a "professional" minority report. I'm disgusted that the Planning Board did not have the political maturity to understand that they should simply have said, "No, this is not a professional report and we will not pass it on." And I am disgusted with the audience and whoever organized them for resorting to name calling and hysteria about this. Are they actually so ignorant and paranoid that they think something will really come of this? Our commissioners and Planning Department have responded appropriately. It's time to proceed with the county's business. "

Irritated wrote on Dec 30, 2009 7:51 AM:

" Seeing how the planning board has been "warned" earlier this year in a letter from the county commissioners, Maybe they should use the mentality, 3 strikes your out, and disband the planning board. Have they done ANYTHING other than waste ink and paper and keep a few chairs warm. Kind of like a few of our county commissioners.. "

The Fox wrote on Dec 29, 2009 10:32 PM:

" Boards usually reflect the views of those who appointed them.If you want the Planning board to change,elect commissionners who represent the majority viewpoint of the valley.Get involved,and stop whining!Get to know your candidates before you vote. "

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