The City of Cheyenne - an ode to local control I’d like to sing this week.
Delayed maintenance on stormwater drainage is a hot topic these days. Of course, it needs to be done. The manner in which that is done, appears to be the concern.
It’s easy to cry “local control” – but let’s look at an example of what local governments can really do – with limited oversight (and foreseeably no constitutional restriction).
Last year, Cheyenne’s City Council tacked on a stormwater “fee” to local citizens. The vote happened between Thanksgiving and Christmas, late at night.
There was over three hours of debate about people’s ability to park large vehicles in their yard. After that, there was a break. Then the Council took this up and voted it in.
Interesting, because the measure had already failed by a vote of the public before. But this time, it wasn’t a 5th or 6th penny “tax” subject to the vote of the people. Now, it is a “fee.”
The fee is to be assessed to everyone, business and home, based upon a square footage calculation. However, the City has exempted itself.
What’s iconic about the government is how they make you pay multiple times for the same thing.
Every business in Cheyenne since the big flood in 1980s has had to address stormwater accommodation in its construction plans during development.
In short, people have paid excess at that time for that building and now they are being assessed essentially a second fee for the City’s anticipatory costs. Moreover, what is the constitutional basis to apply it?
$21 million will be assessed annually, according to estimates by some.
Nothing will shut this fee off.
It’s good that the School District is bringing a lawsuit regarding this, since regular old citizens and business owners often times don’t have legal “standing” in a court of law and oftentimes face immediate dismissal.
The lawsuit may determine, in part, whether taxpayer dollars allocated by the state for the direct support of students being used to pay the municipal fee, would in essence constitute a tax on school facilities. Sure smells like it to me.
The damage for a school district forced to pay this hidden tax is obvious – thousands in fees calculated by square footage – means less money for students and less money to pay teachers.
Will the District be forced to fire three teachers? Maybe four? According to my math that is entirely possible.
A calculation based on square footage could annihilate the Frontier Mall and other local businesses also.
Is that what they want? To eliminate the middle class? Perhaps the agenda is more, pragmatic.
Let’s not eliminate the basic government economics principle that all money is fungible. The City could believe that they are assessing a fee so that they didn’t have to put it in front of the voters.
The City could also believe they are putting this potential “local revenue” stream it in an enterprise fund to buffer against possible decreased property tax revenue in light of the Legislature’s cuts for the taxpayer.
How very pragmatic that line of thinking could be. But perhaps, how unconstitutional.
If this kind of issue were properly taken up on a 5th or 6th penny vote, we would have bids, schematics, approvals – transparency. Don’t you see how local government can run the table?
There is a transparent and accountable way to request funds and this isn’t it. is them holing away money for a rainy day, quite literally. Wrapping it up in a “local government control” bow doesn’t make it right or exempt from constitutional protection.
If they start assessing this fee before these lawsuits are decided it is irresponsible governing. How will you write a check back to the citizen if you lose?
Why is the City of Cheyenne pushing the gas on this? Despite pending litigation, a copy of the ordinance to delay was not put forward for a vote by the Council.
By the calculations of some, $200 million in 10 years is a lot of money for the City of Cheyenne to have no public vote behind.
In an era of Wyoming politics, in which RINOS and Dems decry “local control” losses, are they really crying about their inability to run the table? This smells sneaky to me.
I wonder if no taxation without proper representation means anything anymore, or if local control means a handful of important folks get to tell us it’s raining.
Cassie Craven can be reached at: ccraven.law@gmail.com
