Polson City Manager delves into questions
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POLSON — Ronald Paul Foltz, who audited the City of Polson’s books, “found them to be in order,” according to Polson City Manager Todd Crossett at the Dec. 19 Polson City Commissioners meeting. Crossett said Foltz did recommend the city pay down the debt service at the golf course and contract with a CPA familiar with government accounting. A copy of the audit is available at City Hall or online at www.cityofpolson.com/pdf/audit.pdf.
In other business, the commissioners accepted City Treasurer Bonnie Manicke’s financial report.
Polson City Clerk Kala Parker will be leaving at the end of the year, and Crossett thanked Parker for all her great help and the leadership she brought to the position. Parker received a plaque of appreciation as did retiring commissioners Elsa Duford and Judy Preston. A posthumous award was also given to Don Smith.
Crossett has been interviewing for city treasurer as well as participating in the interview process for candidates for police chief. Police commission members Dennis Jones and Don Miller as well as community members Ken Avison, Cecilia Blodgett Caye and Jocelyn Shackelford comprise the remainder of the police chief interview committee.
Then Crossett answered some questions raised by former City Engineer Bob Fulton, members of the community and City Commissioner Judy Preston. One question dealt with impact fees on the Mansion, the large office building on Polson Hill owned by Mike Maddy. People wanted to know whether or not the fees had been figured correctly, and mainly if they had been paid, since the City of Polson had no record of payment. The owners, Crossett said, were under the impression the bank had paid the fees and wanted some time to check with the bank. It turned out the bank had not paid, and the owners have been billed for the fees.
A question was also raised about the water service connection at the Mansion, a way in which impact fees are assessed. There is a 3/4 inch connection, Crossett said.
He added that a building permit was issued even though impact fees were not paid, which should not have happened.
“There are no checks and balances in place,” Crossett explained.
The total square footage of the Mansion is about 26,000 square feet. The portion used by Black Mountain Software was 7,000 square feet so impact fees were calculated on that square footage, he said. If another portion of the building is remodeled for use, then when the owners come in to get a permit, they can pay impact fees for that portion.
Another question concerned whether or not the fire chief was able to allow the owners leeway in improvements in exchange for the placement of a fire hydrant, which allows the Polson Volunteer Fire Department to improve service on the hill.
“My guess is it was an equitable deal,” Crossett said, explaining that the fire chief in years past had been able to make similar exchanges.
Crossett also addressed a question regarding Polson City Attorney James Raymond’s home and whether or not he and his wife owed impact fees. The Raymonds' contention is that they were grandfathered in so it becomes a legal question, Crossett explained.
“The solution at this juncture is to get an opinion from an outside attorney,” Crossett said.
Also during his city manager comments, Crossett said the city had received a proposal from the auditors to audit the impact fees. Later in the meeting, he said it possibly could be both an operational audit, to find where the problems are, and financial, to ascertain what fees were paid and by whom.
Regarding enforcing ordinances, Mayor Pat DeVries noted that she had been grossly wrong in not enforcing the three-minute rule, Ordinance 613. This ordinance states that audience members may comment on each issue for three minutes and may rise to speak only once on each issue.
“It’s an ordinance, and I’m supposed to enforce them or we have to change them,” she added.
DeVries used a timer throughout the rest of the meeting, limiting each speaker to three minutes.
According to Commissioner Elsa Duford, the Polson Development Code stated time limits are only to be used for meetings that run late into the night or for large crowds, neither of which was the case at this meeting.
Fulton brought up the issue of impact fees on the Raymonds' house. He asked how the city attorney could claim a grandfathered fee when the Confederated Salish and Kootenai Tribes paid substantial fees on a 1910 lot. He also asked for the legal descriptions on the eight parcels of land in the Ridgewater subdivision, COS 6884.
Polson resident Pete Daniels commented that in Congress one speaker may cede his time to someone else who could follow through on the matter.
Saying that he had not heard the word “remodel” in relation to the Mansion until Monday night, resident Murat Kalinyprak commented that fees were not enforced on all people.
“Now you are declaring war on the people,” he added.
The “people” will communicate and show up meeting after meeting he said, adding that he and other like-minded individuals would try to start their own newspaper and have their own town meetings.
Resident Margie Hendricksen said she thought there were a lot of people in the room who didn’t want to speak and wondered how much time could be collected from those people and given to Fulton.
DeVries told Hendricksen donating minutes to another person was not part of the ordinance.
Hendricksen said the mayor was not allowing citizens to speak on impact fees. Enforcing the three-minute rule is “another technique for shutting down the citizens,” she added.
“I can understand how you would consider a three-minute rule,” resident Lita Fonda countered.
As a regular city commission meeting attendee, Fonda said a few people usually dominate the floor, which makes her not want to speak.
Also during public comment, surveyor Rick Breckenridge noted that a problem with the grandfather defense is that the city would need to go through every impact fee that was ever paid. If the tribes had a 1910 piece of property and paid impact fees, then “(the city is) gonna have to do a bunch of refunding.”
“What’s good for the city attorney is good for anyone who wrote a check to this city,” Breckenridge added.
Other comments came from Bill Pinkey from Mission Mountain Natural Foods, who asked why damage to their building hadn’t been fixed since a claim was made in April.
Commissioner Preston had some comments also. She thanked her Ward 2 constituents and Bob Fulton.
“I’m very disappointed that the agenda item I submitted for request was not put on the agenda for the last two meetings. ... There were three commissioners at the last meeting who specifically asked that this item be on the agenda. ... If it had been, the public would have access to all of this research and questions, in our packets and on the website.”
Adding that she felt the city attorney was taking advantage of his position by not paying his permit fees, Preston said, “My opinion is, after 13 years, it is time for us to hire a new attorney.”
Preston also noted she is convinced the commission/manager form of government is not right for Polson “because the city manager is effectively setting policy.”
The first meeting of the new year will be held Jan 2.
