Ordinance is flawed
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Editor,
The city of Polson’s 13-page Impact Fee ordinance (624) is legally flawed. This fact was publicly revealed by the letter from an outside attorney, Bob Long, in January when he concluded the ordinance as written was unenforceable.
The city, on April 16, had a first reading of a new 21-page ordinance 661, drafted by James Raymond, which is intended to correct the error of the earlier document.
Some subdivision lots remain exempt from fees, specifically those in Phase 1 of Ridgewater, Phase 2 of the Mission Bay Orchard Preserve and the city attorney’s Hideaway subdivision. The first two were listed by the city on a list dated March 26, 2012, of owners eligible for a refund. The last is known because the city attorney was exempted from paying fees for his home in his subdivision.
At the council meeting on April 16, Sharon Fulton asked if the city attorney would be eligible to build another home that would be exempt from paying fees. The response was silence from the mayor, thru whom all questions are directed.
Since there has been no public discussion of the origin of the original ordinance, Judy Preston, a former council member, asked if Mr. Raymond was the author of the legally flawed document. A responsive answer would be, “yes,” “no” or “I do not know, but he is sitting here, so we will ask.” The answer from the mayor was, “He was the attorney in 2007.”
As citizens, we are required to financially support a local government. Whether that government is honestly responsive to questions is dependent on the citizenry forcing behavior that it finds acceptable. If you or someone you know owns an undeveloped lot in an old subdivision, it may be a surprise to find that building on that lot will carry with it a bill for impact fees now defined as about $7,000 in addition to other permits from the city. All citizens should take the time to read the new ordinance, and in general, should call their council representatives with any questions or concerns about their government.
Bob Fulton
Polson
