Speaking out

Business group surveys 'doughnut' residents

By RICHARD HANNERS / Whitefish Pilot

A local business organization that strongly opposes enforcement of Whitefish's Critical Areas Ordinance (CAO) inside the city's two-mile planning and zoning jurisdiction has mailed "ballots" to 5,100 property owners in the so-called "doughnut" area.

Flathead Building and Industry Association executive director Denise Smith said the ballot provides a way for "doughnut" residents who can't vote for city councilors "to let their voice be heard" on both the interlocal agreement that created the "doughnut" and the CAO.

"We simply want to give people an opportunity to weigh in," she said.

She said the final results will be presented to the Whitefish City Council on May 19. As of May 12, about 600 surveys had been returned, and about 90 percent of respondents wanted to no longer be under Whitefish jurisdiction.

One "doughnut" area respondent said they would like to remain under the city jurisdiction but not under the city council, Smith said.

FBIA, based in Kalispell, has represented business owners throughout Northwest Montana since incorporating in 1993 by ensuring business interests are represented in the public policy arena at the local, state and federal levels.

Smith said several business owners in the Whitefish area asked the FBIA in January to get involved in the CAO and doughnut issues.

"Since that time, we have heard from 105 residents as well, and we have over 200 individuals that have requested to be placed on our e-mail distribution list, which tells us it is an important issue to folks," she said.

Smith said the FBIA wants to find out if only a few "doughnut" residents are upset about the CAO and want the interlocal agreement rescinded, as some city officials have suggested.

"The CAO is having some very serious consequences — it's devaluing property and putting incredibly cumbersome red tape around anyone who owns property in Whitefish or in the two-mile doughnut," she said. "Our concern is that many property owners do not understand yet how devastating the CAO can be to their property values, and even worse, they cannot vote in the elections to decide how their property will be controlled."

The April 25 letter by Smith that accompanies the ballots in the public mailing provides the FBIA's stance on the CAO and the city's extraterritorial planning and zoning jurisdiction.

"Dear Whitefish Doughnut Area Resident," the letter begins. "The Whitefish City Council is making decisions that affect your rights and the resale value of your home. To make it worse, you are not allowed a vote in city council elections because you live outside the city limits."

Smith says in the letter that CAO supporters "claim that all it does is protect water quality," which is not true. Repealing the CAO will not change the state's Clean Water Act or allow anyone to pollute area water, she says.

"We are hopeful that the courts will return the governance of (the 'doughnut') to a body elected by its residents," the letter says, and Smith urges readers who oppose the CAO to start by "making it clear that you do not want to be governed by the city of Whitefish."

In the next sentence, Smith suggests the reader "to indicate your preference on whether you wish to be governed by them or not." The ballot itself simply asks if the resident does or does not want his property governed by the city of Whitefish.

Smith also suggests "doughnut" residents e-mail city councilors via City Hall with their opinions on the CAO and "doughnut" representation.

"We are determined to restore the rights to the property owners in the doughnut area," Smith concludes in her letter. "Now is the time to fight for your rights and the values we hold dear."