The Fighter Still Remains

With 38 new members of the Montana House of Representatives reporting for work in January, it's hard to keep up.

Thirty-eight special.

Gad. That's almost a 40 percent turnover. Just exactly what the term limits bunch wanted.

The GOP selected Scott Sales to lead it. Again.

As Speaker of the House, in terms of quotable material, Sales was unquestionably overshadowed by Mike Lang, the GOP Majority Leader in 2007. We need to know more about what Scott Sales has said, I thought.

With my rather modest Internet skills, here is what came back:


boxer: Scott Sales
Global ID 70504
sex male
birth date 1974-12-08
division light heavyweight
nationality United States
residence Richland, Washington, United States
birth place San Jose, CA, USA
US ID WA042537
won 1 (KO 1) + lost 10 (KO 10) + drawn 0 = 11
rounds boxed 15 : KO% 9.09

And, all along, I thought he retired from a high-tech occupation.

Sales was born in 1974? Hmmmm. Oh well.

Turns out that he's been moonlighting as a light heavy.

Not all that successful. Lost by knock-out, 91 percent of the time.

Wait a minute. Scott can't live in Richland, Washington and serve in Helena.


Oh. There it is. Montana's Scott Sales really is a fighter.

Just after his leadership victory a couple of weeks ago, referring to 2007 session, he said, "Voters knew what we stood for and affirmed what we did."

That gives Republicans the chance to continue to advocate their positions for limited government, lower taxes, family values and personal responsibility, Sales said.

"I think they wanted some balance." He emphasized the need for Republicans to start planning for their next election and told them of a 2010 legislative campaign fundraiser Wednesday night at the Montana Club.

Speaking on November 12, 2008, he concluded his remarks by saying, "The 2010 election begins today."

Now doggone it, Scott.

I thought there was near universal agreement that campaign seasons are already too long. That's a right cross.The 2010 election is on November 2. That 721 days away! [Actually, only 704 counting today.] 704 days of heavy body blows.

The "(v)oters knew what we stood for and affirmed what we did." The "what" he referred to evidently includes family values and personal responsibility.

In 2007, GOP Reps. Scott Boggio, Elsie Artnzen and Harry Clock collectively showed us what personal responsibility was all about one dark March evening. Harry loaned Scott his car. The plates on Harry's car, it seems, were expired. Scott was pulled over and blew a BAC of 0.14. Elsie was helping to navigate at the time. In the true spirit of limited government, there was no need to go to an expensive government program. Rep. Jack Ross, a House GOP member blew BAC of 0.18 of his own in 2006, was available for counseling. And, as a member of the Yellowstone County DUI Task Force, Elsie was able to secure pamphlets decrying the ways of those who imbibe the spirits and then take to the open road. Call in the cut man.

The voters wanted some balance? In 2007, several GOP House members attempted to work with D's to solve the budget impasse. Most of those who "helped" were subsequently tagged as socialists by the fringe-right of the GOP. Three of these moderates, Carol Lambert, Bruce Malcolm and John Ward, lost their primaries earlier this year to right wing ideologues. In January, each will be replaced by a Republican with fringe right credentials. What the voters want and what they get are two very different things. Jab..

Earlier this month, the GOP actually did hold its own in the House. It had 50 seats in 2007. (Remember: Rick Jore belongs to the Constitutional Party.) It has 50 seats in 2009. No arguing that the GOP will move substantially to the right. Balance? Don’t think so. Hook.

On the subject of balance, Sales seems to be borrowing heavily from Tevye [Chaim Topol]. “And how do we keep our balance? That I can tell you in one word: tradition. Because of our tradition, we have kept our balance for many, many years. Without tradition our lives would be as shaky as a fiddler on the roof." Break!

Recently, Sales summarized his concerns about Bob Bergren, the Speaker-designee, breaking tradition if he names committee chairs and assignments for the 2009 Legislature: "Montana has a distinguished tradition.” Feint.

Despite his conservative leanings, Scott Sales would appear to be the last member of the Legislature to concern himself with tradition. Must be watching too much of that damned movie channel and cluttering up his mind with crazy ideas. Or, did he forget his protective head-gear? Uppercut.

"In the clearing stands a boxer, and a fighter by his trade
And he carries the reminders of every glove that laid him down or cut him
'Til he cried out in his anger and his shame
I am leaving, I am leaving, but the fighter still remains."

Tough to get up off the canvass when you're knocked out 91 percent of the time.

Between a Rock and a Hard Place

The debate over “gravel pits” in the 2007 legislative session barely scratched the surface over the interests of two immovable forces: property-owners who want to develop (rock) and property-owners (hard place) who want things as they are.

Each group is ready for a fight.

Everyone agrees: We must have sand, gravel and aggregate.

Industry deserves certainty in the regulatory framework. But while Michael Kakuk has enjoyed a string of successes in court, industry cannot [and should not] count on the crap shoot called the judicial system.

Industry must meet tight timetables specified in the contracts it successfully bids a project. It bids each job on the basis of where it will mine and process the needed materials. A key variable is transportation costs and securing sand, gravel aggregate as close to the project.

For smaller projects, like foundations for homes and businesses, bids are based on the materials coming from existing “gravel pits.” For larger projects, such as highway construction and reconstruction, it depends on the math.

The Montana and United States Departments of Transportation are unforgiving in their contractual requirements. The contractor must perform at the price it bids, no if’s, and’s or but’s. In the case of Knife River and the reconstruction project of US 93 south of Missoula it secured, transportation costs were calculated on mining and processing the materials at a site owned by Ken Allen just north of Lolo.

Responding to the well-organized opposition of adjacent property-owners, the Missoula County Commission imposed interim zoning disallowing the “gravel pit.” Knife River was forced to provide the materials needed for the project from its location near the north end of Reserve Street in Missoula and was stuck with “eating” significantly more miles (and costs) for transportation. Knife River says it absorbed $500,000 in costs. Because of deadlines imposed, coupled with the time required to process an open cut permit, it did not have the option of securing materials from another site.

At the time, Knife River had a permit pending with the DEQ for the Lolo location. As in every other permit it had filed previously, Knife River had every confidence it would receive the permit for the preferred location. The only thing that stopped it was the intervention of the county commission.

The county commission really forced a statute to fit the circumstance and acted to safeguard the rights, interests, health of property-owners and the environment. And, as in so many instances, there was a “loser.” To the tune of $500,000. No company can absorb costs of that magnitude and remain profitable. And, remember, this is only one example.

Obviously, there must be certainty in the process, but for everyone.

The industry really would prefer to focus on what it does best: Make money by supplying materials essential to build Montana. Property-owners would just as soon they do the same. In far too many other cases, property-owners, public health and safety and the environment have absorbed the “costs.”

Unfortunately, their futures are inextricably linked.

So what types of property owners are affected?

Suburbanites, the ones located fairly close to cities, where the permitted expansions of “gravel pits” are encroaching on the backyards and front yard views and placing heavy truck traffic on access routes. In most cases, homeowners mistakenly felt they were “far enough away.” In many of these cases, it’s ‘the buyer beware.’

Rural property-owners in thought to be remote, pristine areas, most often along rivers, a mix of old-timers and newcomers. Here, the issue is one of either the permitting and opening of new “gravel pits” or (2) the and re-opening of others that stood dormant for years or only operated sporadically (or both).

Property-owners just sort of get used to the eyesore that dormant “gravel pits” are. But, when they suddenly re-open, watch out! [This process reminds me of the cicada in the Midwest. This locust-type insect appears only in 2-to-3-year or 13-to-17-year cycles. They appear, make a lot of noise and a hell of a mess and then recede; but, everyone knows they will return – eventually.]

“When will you make an end of it?”

That was the question reportedly posed each day by Pope Julius II of Michelangelo, who was painting the Sistine Chapel.

A “gravel pit” is certainly no masterpiece, far from it.

But, the question is applicable and fair.

Just how long is the jagged scar to remain until restored and reclaimed? The permit covering each “gravel pit” specifies reclamation requirements, but hundreds of pits remain unreclaimed. Why?

The existing regulatory framework doesn’t work. Each side is not lacking for an opinion about how to “fix” it. But, they aren’t talking to one another.

So, the Legislature is rightfully expected to fix this and attempt to balance the competing values and conflicting priorities. In other words, it will occupy the place between that rock and the hard place. So much to know and so little time.
Legislators are elected by voters who not work for industry, but by just as many who lives and lifestyle may be destroyed. Hopefully, they will listen to both points of view. [Reminder: Property-owners do not have lobbyists.]

If you expect a resolution that protects propert-owners, don’t hold your breath.

In 2009, it will be entertaining to watch two legislators, both Republicans, in particular.

Garry Perry, a holdover senator from Manhattan, who reportedly lives near a proposed “gravel pit,” has filed a bushel-load (six to be exact) bill draft requests to revise the open cut laws.

Bill Nooney, a state representative from Missoula, whose election is anything but guaranteed if Bill Vaughn (darkacres.com) has his way.

http://www.darkacres.com/

Nooney, you see, is trying to play both sides. He has accepted money from MCA, but supported the Missoula County Commission interim zoning that stopped the Lolo “gravel pit” dead in its tracks. The race will be close.

If he does manage to win, he may feel he is joining 149 others in the squeeze. It is more likely that Rep. Nooney will be fed into legislative crusher or batch plant.

How the Mighty Fall, periodically

There’s a name that won’t be on the ballot this fall that should not go unnoticed: Bob Keenan.

You remember Bob.

Senate President.

Senate Minority Leader.

Termed out after the '05 session.

While vacationing in Costa Rica, he offered himself up as an alternative to Conrad Burns in the 2006 GOP US Senate Primary. Word had it that Conrad was about to be indicted and led away in cuffs for his dealings with Jack Abramoff.

After filing for his old House seat in the Bigfork area, Bob, being the team player he is, dutifully withdrew from that race put his name in play to serve us in Washington.

Bob lost the primary. And, no, it wasn’t even close. The margin just south of 49,000 votes, to Conrad Burns!

After spending the 2007 session skulking the hallways in the Capitol in an advisory capacity to the House GOP leadership team (You know: Scott Sales; Mike Lange; John Sinrud; Bill Glaser), Bob evidently decided the Ship of State (Helena or Washington) could not navigate troubled waters without him.

“Oh, gosh,” he said. “Governor. United States Senator. What will it be?”

He kept all of us in breathless anticipation until the last day of filing.

Yes, there was the customary ‘aw shucks.’ While discussing a possible run for the Senate, he said, ‘‘I’m wide open. There’s a lot of pressure and assumption and expectation that I might run for governor of Montana as well. The third and most attractive option is to skip the ’08 cycle and go on with my life.’’ Montana Standard. 9/27/07

And?

He filed for his old House seat in the Bigfork area.

To the private dismay of many a Republican House members, shortly after he filed, word filtered down that upon his return to the House, Bob was eying the Speaker’s slot or chairing the House Appropriations Committee.

‘Oh, gosh. What will it be?’ Bob must have been smugly muttering.

With a household name like his, how did Bob use the days between the close of filing and the primary election?

Working hard on the doors?

No, on the links.

Bob, you see, is quite the golfer.

And, certainly a guy with his Brahmin creds need not sully himself by touching mere mortals called voters.

Rumor had it that Bob was not satisfied with his short irons game.

Oh, and the primary election?

He lost. He did manage to finish second to a fellow named Scott Reichner in a four-candidate primary.

And, no, it wasn’t even close.

Bob must still be muttering, “Oh, gosh. What will it be?”