Friday, July 1, 2011

Small Victory Against City Water & Sewer Charges

At Monday night's special meeting on June 27th, city officials did agree not to charge undeveloped parcels outside city limits, but within Polk City's utility service area, for the newly named water and sewer "Readiness to Serve Charges," formerly known as WAC/SAC fees.  Despite Mr. Al Topolski's argument, with supporting legal cases, that the undeveloped parcels inside city limits should also not be charged if there is no existing utility connection present on the property, Mr. Cloud, the Interim City Attorney, did not agree. 

Mr. Topolski informed me that he spoke with Mayor Joe LaCascia following the meeting to ask if Mr. Cloud has provided the council with documentation on cases where the fees were applied, despite no existing connection.  The Mayor responded by saying that Mr. Cloud informed him that he was not required to provide them with examples.  The Mayor stated that the council members choose to take the advise of their legal council, just like Mr. Topolski took the advise of his legal council.  On the record during a previous city council meeting, Mr. Cloud promised Mr. Topoliski a list of numerous examples of similar applications of this type of charge in other municipalities.  When Mr. Topoliski made a formal request for this list, Mr. Cloud never produced it.  Even at the June 13th meeting, in Mr. Cloud's absence, Mr. Hartman, from GAI Consulting, stated that he could think of 20 different cases, but would not provide specific examples when pressed further.  This is just another example of city council allowing Mr. Cloud and his experts to make decisions about how to run the city at face value despite valid issues being raised about the path Mr. Cloud is suggesting. 

There will be one more required 2nd reading for this ordinance, before it can be voted into effect.
 
Polk City Can Charge Undeveloped Property Owners

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