Big Mountain, county at odds over subdivision

Winter Sports Inc. and the county commissioners remain at an impasse over an open-ended special improvement district required for The Glades subdivision on Big Mountain.

If the commissioners won't narrow the scope of future improvement districts, the matter could wind up in court, Winter Sports Chief Executive Officer Fred Jones told county leaders Monday.

A county decision on the next 12 phases of the subdivision was postponed last month when Commissioner Gary Hall was absent and the remaining commissioners were split on the improvement-district issue.

It was slated for a final vote today, but the commissioners agreed to hold off one more week before making a decision.

Phases 2 through 13 of The Glades include 24 homes, 135 townhomes and 22 cabins on 55.7 acres in the vicinity of the Outpost on Big Mountain.

At issue is the county's requirement that all subdivision lot owners sign waivers of protest that effectively force them to participate in the cost of any future improvements.

Jones maintains the waiver is too broad and will make it more difficult to sell lots.

"We don't know what we're waiving," Jones said. "It's a huge burden to ask someone to assume."

The commissioners were given a three-page letter explaining Winter Sports' position shortly before Monday's meeting, prompting the commissioners to say they needed more time to review the document.

"I'm disappointed," Commissioner Joe Brenneman said. "We asked for language you could live with and we get three pages telling us what you don't want."

Commissioner Bob Watne sided with Winter Sports, saying the waiver is too broad.

"If we went with water, sewer and roads, it would be a lot more reasonable," Watne said.

To make its case, Winter Sports also submitted a two-page list of special-improvement district categories that include everything from building tunnels to planting trees and flowers.

"A blank waiver in perpetuity isn't a waiver that would hold up legally," Jones said. "We don't want to go the legal route, but this probably wouldn't stand up in court."

Deputy County Attorney Jonathan Smith disagreed, saying the county needs waivers of protest in place to have any hope of completing future improvements.

"It's a countywide thing, it's not just Big Mountain," Smith said. "Most of the projects will probably deal with roads."

Hall pointed out the county's policy on requiring waivers of protest for subdivision improvements was driven by citizens asking for special-improvement districts.

In addition to asking for language limiting waivers to specific improvements such as roads, water and sewer, Winter Sports also wants the time frame for the waiver defined. Winter Sports lawyer Steven Cummings suggested a 10- to 20-year period.

Setting a time limit defeats the purpose of having the waivers, Smith said. Waivers expiring in 20 years don't do the county any good for roads that may need to be reconstructed in 25 years.

The deadline for a decision on The Glades is Monday, but the county can reschedule the matter if Jones submits a written request.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com