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Six years into an effort to construct a critical access hospital in St. Helens, some residents say they’ve paid enough taxes toward the unbuilt facility. They want their money back.

A measure on the Columbia County ballot this fall would repeal a tax set in 2004 to pay for the hospital project and refund all money paid by residents. But according to Oregon’s Department of Revenue, the measure wouldn’t be legally enforceable even if it were approved by voters.

St. Helens hospital time line

November 2004 – Voters approve a small tax levy for construction of a St. Helens community hospital with emergency service.
October 2009 – Oregon’s Public Health Division denies a certificate of need for the project and tells Columbia Health Services to revamp its application.
December 2009 – Thelma Bonar, chief petitioner for Measure 5-209, collects enough signatures to put a measure on the ballot to repeal the tax levy and refund all taxes collected.
September 2010 – Oregon’s Public Health Division again denies a certificate of need for the project, which it called financially dicey. It also said emergency trips to Portland would not decrease if the hospital were built.
October 2010 – Oregon’s Department of Revenue declares Measure 5-209 unenforceable under state law.

When chief petitioner Thelma Bonar, who lives in the county, dropped off the text of the initiative that would become Measure 5-209 at Columbia County’s administrative offices, no one noticed any problems. Bonar supported construction of a hospital when the project proposal called for the inclusion of surgical services. Once that was cut from the plan, however, Bonar said she withdrew her support.

A group of citizens, including Bonar, decided to push for the ballot measure to end the tax and refund money already paid. And that was where the group erred, according to Sandi King, a program analyst with the Oregon Department of Revenue.

The measure would have been fine if it had sought to abolish the district and end any future tax collection. But no state statute grants a county power to refund any money paid toward a permanent tax like this one. Even if the measure were to pass, it would do virtually nothing, King said.

“They could have changed the wording of the initiative to change the permanent tax rate to zero and abolish the district,” King said. “But that would still not allow for the county assessor to refund any taxes.”

“I think the whole thing stinks,” Bonar said. “No one told me when I filed the initiative it was illegal. We’ve been paying 38 cents per $1,000 of property value since 2004 and we’re not getting what we voted on. That should be illegal.”

So far, county residents have paid $4 million, which has been spent on planning and property acquisition. All told, the tax is expected to generate $45 million to pay for a hospital with 12 patient beds, a lab and radiology space to house CT scan, X-ray and mammography services.

St. Helens’ only hospital closed in 1990, and the community now relies on an urgent care facility operated by Legacy Health. Though 58 percent of voters approved the 2004 measure, Bonar said expectations were for a facility that could handle emergency care, such as surgery. As planned, however, the hospital would not be able to handle major medical emergencies. The Oregon Public Health Division recently denied the project a certificate of need, saying the hospital would not lead to a reduction in trips to Portland or offer any health care savings to residents.

“We have a wonderful clinic here that people are very satisfied with,” Bonar said. “They say it takes an hour to go to Portland. I took my husband by ambulance to Portland in 24 minutes. We aren’t isolated.”

Though the ineffectiveness of Measure 5-209 is a relief to proponents of the hospital project, Jay Tappan, chairman of the Columbia Health District, said it is unlikely that the state will reverse course.

The Columbia Health District last week appealed the Oregon Public Health Division’s decision to deny a certificate of need for the hospital. Tappan said it is needed so that residents can avoid costly and frequent emergency vehicle trips to Portland or Longview, Wash. But the state seemed unmoved by testimony during the hearing that lasted three and a half hours.

“It didn’t sound promising that the state is going to change its mind,” Tappan said. “Taking an ambulance to Portland is an expensive thing, but no one seems to care about that. This community is going to grow and you have to add something to the system to support that.”

Through Nov. 4 the state will be able to issue a final order on the certificate of need for the St. Helens hospital project. If the certificate were denied again, Tappan said the health district board would need to decide whether to pursue further legal action. He wasn’t sure if the district would desire to spend the time and money to seek further legal aid for the project.

Bonar, meanwhile, hopes that voters will pass the ballot measure – perhaps just to make a statement about the process.

“That will send a message that (the Columbia Health District) aren’t giving people they hospital they voted for,” Bonar said.