County decides it won't pay its full Stormwater Enterprise bill

El Paso County is going to pay its 2009 bill to the Colorado Springs Stormwater Enterprise, but it won’t be the full amount.

In a resolution approved Tuesday, the county commissioners decided to prorate their bill from January 1 through Nov. 16, 2009, the day the final results of an election were certified in which voters approved a ballot initiative that put an end to stormwater fees.

That means that the county will be paying only $41,657.60 of the $47,514.34 owed.

“What the board of county commissioners approved today was a voluntary contribution to Stormwater Enterprise relating to stormwater improvements that have benefited the county,” County Administrator Jeff Greene  said. “It was not the payment of a stormwater bill.”

The vote puts the county into direct conflict with the city, which has made it clear that it expects residents, businesses, school districts and government entities to pay their stormwater fees through the end of 2009. Those fees ended on Dec. 31.

“We’ll have to have a discussion with the county about this,” Vice Mayor Larry Small said on Tuesday.

“It’s not fair for the citizens to pay this fee and the El Paso County commissioners not to pay it.”

County Attorney William Louis said the resolution reflects the “position that Issue 300 ended the Stormwater Enterprise when the final results of the election were certified.”

That’s the same position advocated by anti-tax advocate Douglas Bruce, who wrote the controversial ballot initiative.

Commissioner Amy Lathen said that while she supported the stormwater improvement projects, she was opposed to the way the fee was levied. “Some could argue that the public was paying twice.”

Small said he doubted that the city would turn the county over to a collections agency. “We usually get things resolved short of that. We have the ability to have discussions and find reasonable solutions.”

Louis said the disagreement is simply proof that “reasonable minds can differ on the interpretation of Issue 300.”

Louis has not paid about $100 in back fees that he owes to Stormwater Enteprise. But he said he’s decided to go ahead and pay his bill.

“I’d rather not hassle with a collection agency,” he said. “I value my time more than the money.”

Greene also didn’t want to pay his bill, but his wife paid it. Greene said he also encouraged the county attorney to pay up. “I did counsel Mr. Louis to pay his stormwater bill.”