I am writing to correct misinformation contained in Peggy Yeargain’s letter (Good Hands), published last week. Yeargain called my legal “heads up” to the town council about the illegality of the town’s environmental fee and proposed public safety fee an obstacle to the town. It was far from an obstacle and might be an economic lifesaver.
I became involved in the issue of the environmental fee after residents asked me if it was an illegal property tax because it was imposed without a vote of the people. They were also irate because a new and larger public safety property “fee” was also being proposed without a vote of the people, after voters rejected a property tax by a 2-1 margin just last year.
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I am anchor
"Fee"
Posted
John Kavanagh, Representative LD23
I am writing to correct misinformation contained in Peggy Yeargain’s letter (Good Hands), published last week. Yeargain called my legal “heads up” to the town council about the illegality of the town’s environmental fee and proposed public safety fee an obstacle to the town. It was far from an obstacle and might be an economic lifesaver.
I became involved in the issue of the environmental fee after residents asked me if it was an illegal property tax because it was imposed without a vote of the people. They were also irate because a new and larger public safety property “fee” was also being proposed without a vote of the people, after voters rejected a property tax by a 2-1 margin just last year.
Legislative attorneys researched the matter and concluded that the environmental fee probably was illegal for that reason and because it was not based upon a property’s value, as required by law. I relayed that information to the town council and they wisely decided, at least for now, to not reinstate the environmental fee and table the larger public safety fee, which was going to fund other things besides public safety and was not going into a dedicated public safety fund.
I call my heads up a possible economic lifesaver because had the council disregarded the legal advice I provided, there would be a risk that several years down the road a taxpayer or group would challenge the legality of the fees and win. Not only would that end the fees but the town might have to refund over $10 million of illegally collected monies, which would bankrupt the town.
Besides being your state representative, I live here with my family and, just like everyone else, I am concerned about town finances and where my tax money goes.
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