Plains residents address mobile home ordinance

Near 100-degree weather stopped an elderly Plains man from walking the streets to get signatures for a petition to eliminate a 20-year ordinance, but it didn't stop him from speaking his mind at last Monday's monthly town council meeting.

"These ordinances making it illegal to use or occupy a mobile home older than 1986 are more than ridiculous; they can't even be used for a tool shed or for storage. There's something wrong with that," said Pat Killgore, who spoke for about 10 minutes during the council's public comment period. Killgore was prompted to speak after newly arrived Plains resident Dale Carter was told by the town that his 1979 mobile home was too old and could not stay within the town limits.

Killgore actually began his inquiry into the mobile home ordinance a few months ago when he wanted to move a 1970s home from a lot less than a mile away to his place on Third Street. The mobile home had been grandfathered, but only if it stayed at that location. His disabled son, Mike, had lived in it five years ago, but it had been abandoned. Killgore could have bought it for $500, but the town would not allow it to be moved to another site. Killgore tried to convince council to change their minds, but had no luck. In the end, he had to take out a loan for a $60,000 mobile home, he said.

Killgore had put aside his efforts to change the ordinance until he heard that Carter, 86, also had an older mobile home and was told it had to go, after he already moved it to his lot on Third Street only a few houses away from Killgore, who is now trying to get rid of the entire ordinance. One his biggest complaints with the ordinance is that it doesn't have a grandfather clause to cover the estimated 30 residents with mobile homes in Plains. Mayor Dan Rowan said that although the ordinance doesn't specifically refer to a clause, the town's attorney, Richard Gebhardt, stated that those already in town prior to the ordinance would be allowed to remain. Killgore was concerned that future council members, mayor or attorney might not interpret the ordinance the same way.

He said the ordinance is "plain and simple. It says no mobile homes shall be used or occupied. That's what it says," said Killgore, a Plains resident since 2004. Killgore has about 100 signatures on his petition, which he plans to present to council in August. He told the council that two people who live in older mobile homes were hesitant to sign his petition because they are concerned of repercussions. He said he trusts the present council and mayor, but he added that future town officials might decide to oust all old mobile homes. "And according to that ordinance, they can. That bothers me. We have a lot of people in this town that are older folks mainly that are living in these older mobile homes," said the 80-year-old. Killgore noted he plans to talk with each council member individually to get their take on the ordinance, particularly since none of them were on the council when it was passed. "This is written so poorly it needs to be gotten rid of. This is our nice little town and we have crap like this. I'm disgusted. It makes me want to be sick to my stomach," he said.

"If one piece of this ordinance is enforced against this gentleman here maybe then I'll tell you the whole ordinance has to be enforced," said Killgore. "We can't just take pieces of it and say we're going to enforce that, but we're not going to enforce this. That doesn't make legal sense." Killgore stated that he would be for the ordinance if its purpose was safety, but he added that it doesn't say so.

"Nobody in the Town of Plains officially is looking to kick anybody out of their homes, period, end of story," said Rowan. He said he was not the mayor or on council when the ordinance was passed nearly 20 years ago, but he believes it was primarily a safety issue, although he also heard that property values were considered. He said he's been told that some pre-1986 models still had aluminum wiring and had caused fires. He doesn't believe there is a town in Montana that allows older mobile homes.

Carter also spoke to council pleading to make some type of variance or exception so he could keep his mobile home in Plains. "I didn't know when I moved my mobile home in there two weeks ago that I was breaking the law," said Carter, who moved from Hot Springs to Plains after purchasing the lot on Third Street. "I beg the council members to see if it's OK. I've been living in a 30-foot RV since May and it's bloody hot in there with just two fans. I ask your indulgence to please consider my case," he said.

Rowan said he believes Carter knew that the mobile home was too old to be here and that someone had marked out a portion of the Lake County property tax sticker on the home to hide its age. He doesn't know who had changed it but believes whoever did it was aware of the ordinance. Carter first told Rowan it was a 1986 or a 1988, but the home's paperwork indicated it's a 2009. "When we saw a trailer had been moved in that appeared to be too old, Greg Welty and I went by to speak to the owner about it. That's when we saw the sticker on the end of the trailer with the year partially marked out," said Rowan.  

"There's no variance or option in the ordinance, but it's up to council to change the ordinance," said Rowan. "I certainly have sympathy, but an ordinance is an ordinance for now unless council wants to change it. I would add, the gentleman was told before the trailer was moved in that trailers had to be 1986 or newer," said Rowan. "I believe someone obviously knew that it was too old because they marked out the last two numerals of the year on the mobile home tax sticker on the end of the trailer." Rowan said there hasn't been an order yet to Carter to have it removed and there isn't a deadline for its removal. "I believe he can be fined, but we are hoping for a more productive solution to the problem," said Rowan.

Dale Williams also spoke against the ordinance. Though he doesn't live within the town limits, he had tried to get a mobile home several years ago and was refused because of its age.

The council meeting also covered plans to paint crosswalks on Oak, Stanton, Meany and Lynch streets. There are also plans to repair several sidewalks in town. It was announced that Saturday, August 13, will be the last day for the season for the E.L. Johnson Memorial Pool. Chief of Police Brian Josephson said the department is looking into vandalism in the form of graffiti at the pool.

A setback ordinance that has been tabled for the last three months had its first reading passed by unanimous vote, as was a motion to authorize the mayor to "execute change orders" up to $5,000 for the new lagoon work. The motion was to "authorize the mayor to execute change orders on the wastewater project that are less than $5,000 for the purpose of not delaying the contractor over minor adjustments deemed appropriate and necessary." Rowan reported that work on the new lagoon progresses and the cell liners will be installed sometime this month.

The next council meeting is scheduled for September 12 at 7 p.m. at City Hall.