Critical areas ordinance is a tax

I have been an enthusiastic resident of the City of Whitefish for more than 37 years, deeply involved in the development of the Grouse Mountain and Lion Mountain subdivisions. I have worked closely since then with every city council, planning board and architectural review committee that has governed this wonderful town.

I formed Sensible Land Use in 2007 because I was very concerned with practices that I observed at the city council, and for the first time felt that my opinions were being unjustly and routinely dismissed by elected officials in Whitefish.

This was not just a difference of opinion; this was a flat out refusal to hear me or other experts on matters that I feared would have a huge effect on our community. Of particular concern was the Critical Areas Ordinance (CAO).

During eight years as an Army infantry officer, my military training taught me that a successful plan needs to be complete, concise and clearly communicated. The CAO failed this test at every turn. It was incomplete in that it failed to address the most obvious threats to our water quality. And, even after months of working with it and making lots of changes, it's still impossible to understand so it can be clearly communicated.

I spoke to the planning board and the city council numerous times regarding my concerns that, over time, this body of regulations would cost us all time, money, jobs and the unique vitality of our community. They didn't listen. Divisiveness in the city ensued.

The CAO is a tax. Make no mistake, the CAO, perhaps sound in theory and intent, is a new tax on the people of Whitefish. This CAO tax has dramatically increased the costs for new building or remodeling, and so it has decreased the amounts available to pay our contractors, plumbers, painters and roofers.

The CAO tax has also greatly increased the time it takes to build or remodel. In a world where time is money, money spent on workers and materials then have to decrease to cover increased city government compliance costs.

We have had sales at Grouse Mountain and Lion Mountain literally evaporate when buyers discovered the costs and confusion of CAO compliance. Land has become difficult to value as lawyers haggle and the planning department tries to pre-approve building plans, struggling with an often contradictory ordinance.

Buyers and their lawyers don't trust the city, which has already made four major changes to the document to try to make it easier, and yet one of the people that is running for re-election has recently tried to make it more costly and difficult.

No one trusts the city on what they can do or can't do with their land in the future. What or where an owner or buyer can build, or whether geotechnical testing is required by drilling into solid rock to determine if it is stable, wasting thousands of dollars, are daily questions.

We all feel our national economic distress. But in Whitefish, the city council, through the CAO and other regulatory limitations, has unnecessarily added burdens to our citizens who are already struggling to get through this bad economy. Ask the contractors, construction workers and merchants.

I love this town. I believe it reflects the best that America has to offer, and I've spent many years here working cooperatively with our elected officials — listening, compromising, building neighborhoods and homes that people love.

Our elected officials need to remember that jobs and economic vitality matter here, too. We're not Aspen. We're hardworking, frugal, common-sense people trying to raise kids and grandkids and live outdoor and community-centered lives.

So, if you own a house or land in Whitefish, or work in the construction industry, or the many other areas affected by the city, as you look forward to this upcoming election, ask yourselves if our current city council "gets it." If so, vote them back in. If not, let's bring in some new blood — the current ways just don't seem to be working.

Tim Grattan lives in Whitefish.