Group plans to challenge impact fee vote
Posted on Sunday, May 13, 2007
URL: http://www.nwanews.com/nwat/News/52999/
Members of Vote For Fayetteville are planning to contest the April 10 election regarding road impact fees, which was defeated by a single vote.
It needs to be challenged, said Linda Ralston, a member of the group.
Ralston said the primary reason for challenging the results is to get clarification on matters not addressed by state law. She said that while the challenge will need to be filed in a timely manner, there is no time frame outlined in the law, which is one of the reasons to contest.
The outcome of the election was reversed after the overseas ballot of Michael Lea was received. Lea voted against the impact fees, which had been approved by a single vote, thus killing the question, which had to have a simple majority to pass.
Impact fees are charged to new construction in an amount specific to the type of project. The charges are further limited to the type of infrastructure that the money will be spent on after it is collected, which in this case was roads.
The fees would have generated an estimated $ 3. 4 million a year for street projects. The vote as certified by the Washington County Election Commission gave each side 2, 015.
Ralston said another matter that needs to be clarified is the definition of a resident, in terms of voting. The question of residency comes up because Lea is a missionary living in Panama.
Washington County Attorney George Butler said the vote will stand unless it is contested and a judge rules otherwise. The issue of residency is a question of whether a person abandons their domicile, he said.
Butler said Lea maintains a home in Fayetteville and lives there for a year every few years. He also comes back for shorter trips, during which he stays with his parents.
I dont feel like that is abandonment of domicile, but someone may. If they think otherwise, well see what the court says, Butler said.
Butler said if the vote is to be contested it needs to be done in a timely manner, though there is no set schedule. In candidate elections there is a requirement of 20 days, which has already passed, he said, however there is not a time frame for challenging this type of election at a county or city level.
Ralston said Vote For Fayetteville is planning on organizing an educational forum on the issue to be aired on either the Fayetteville Government or Public channel.
Whether the city will need to be brought in remains to be determined, Ralston said. How much the challenge will cost is also something still unknown.
It may be a few more dollars than I thought, she said.
But that raises a different question, Ralston said.
Is it necessary that a citizen or group have to pay to bring forward a challenge if there are not any statutory guidelines ? she asked.