Story Published: Feb 9, 2012 at 12:08 PM PDT
Story Updated: Feb 9, 2012 at 12:09 PM PDT
The city plans to refund property owners their money. The question is how and when.
The Idaho Supreme court ruled the stormwater fee was instead a tax. As such, the city did not have the legal authority to levy the tax. Only the state legislature could do that.
The city spent the nearly $1.2 million collected to comply with the federal clean water act. The ruling did not force the city to return the money. However, Lewiston officials say they will.
"The council has reached a consensus, at least at this point, that they want to provide citizens with an opportunity to decide if they want a refund of the stormwater fees they paid, or if they want to forego that refund," said Jim Bennett, City Manager of Lewiston.
Many don't seem to have a problem with that approach. What seems to be the sticking point is asking citizens what they want to do before the city even cuts their checks.
"People should not have to ask for their money back," said Jim Kluss," former Lewiston councilor. "I believe it should just come automatically, and if somebody wants to contribute back to the city that's up to them."
Some are okay with the city's approach.
"I think in the sake of saving the city's administration time, I think they should go ahead and offer the alternative and let the residents make their choice," said Rick Tierney, a Lewiston resident.
Seven of eight who responded directly to the question on our Facebook page say they do want their money back. One person we ran into on the street was a little more charitable.
"I would probably donate it to the city," said Abbie Acuff, a Lewiston resident. "$54 in two years, I can afford do that."
Jim Kluss worries about the precedent set.
"If we continue to bring about ways to fund projects that are later determined to be illegal, the action we're taking now by making people ask for their money back creates a situation where down the road it will be much easier for councils to pass questionable fees, and I believe we need to stop it right now," said Kluss.
The council appears split four to three on whether to issue the refund checks before residents actually decide. The majority prefers to send out the literature first asking property owners to choose before any checks are cut. The decision should be made at the next council meeting on February 27th.
Former Councilor Jim Kluss did want to point out that while homeowners are due about $54 back, he said businesses are owed much more. He said some paid over a $1000 in stormwater fees.
