State legislators go to bat for Boxelder fee payers

By Cherry Sokoloski
North Forty News

Opponents of the Boxelder Creek Regional Stormwater Authority and its related fees ratcheted up their campaign in December, talking to county commissioners and inviting two state legislators to join their cause.

A Dec. 16 meeting at the Leeper Center in Wellington drew a crowd of more than 50 citizens, plus State Rep. B.J. Nikkel and State Sen. Kevin Lundberg.

"This many people in a community the size of Wellington don't come together unless there's a real issue," commented Lundberg. Both legislators pledged to work with the county commissioners on the Boxelder matter.

Many of the same citizens attended a Dec. 15 meeting of the county commissioners, where they were successful in slowing down the fee assessment process. For the county portion of the project's 2009 expenses, property owners were to be billed early in January. However, the commissioners have asked staff to take another look at the rate structure and delay billing until later.

Because of property owners' complaints, the county will consider possible fee waivers or credits for residents within the fee area who already have some stormwater detention in place.

Commissioner Steve Johnson said he thinks the Boxelder project has been "badly managed" in terms of responding to citizens' questions and concerns. "I think the project is good and will protect property and life," he said, "but we have to make sure we have a fair way of paying for it."

Commissioners have scheduled a work session on the fees for Jan. 7 at 9:30 a.m. in the commissioners' conference room.

The county is undertaking flood-control improvements in the Boxelder drainage in partnership with Wellington and Fort Collins. Most people who oppose the stormwater fee are from unincorporated Larimer County.

Each of the three governmental entities is responsible for setting fees to meet its financial obligation for the project. Both Fort Collins and Wellington have stormwater utilities and monthly fees. County residents within the fee area will receive one bill per year for the Boxelder improvements.

Many Wellington residents will benefit directly from the project. More than 200 Wellington homes will no longer be part of the 100-year floodplain once improvements are in place. However, the rural residents at the Dec. 16 meeting could see no value to them.

"We're getting neither services nor benefits, as required by Colorado law," said Jim Fry.

Michael Blehm noted that Wellington has not had serious flooding since five dams were constructed north of town in the 1970s. Rex Burns, the authority's manager, countered that if a major storm occurred between those dams and Wellington, the town would be flooded.

The Boxelder Stormwater Authority, which is governed by a board of directors, has been in place for about one year. Burns is a former county engineer who was instrumental in getting the project off the ground. Some argue that he should not have gotten the authority job because of his prior involvement as a county employee.

The authority plans to enlarge Clark Reservoir northeast of Wellington, build one new reservoir southeast of the town and make drainage improvements along Interstate 25. The first phase of the project is the Clark Reservoir expansion, with work slated to begin in the first half of 2010.

People at the Dec. 16 meeting had several complaints about the authority. Communication with the public, many said, has been poor. "We can get no answers," said Shirley Preuit.

Some stated that the new stormwater fee is in fact a tax and should have been voted on by the affected landowners. Others suggested the fee should be assessed countywide.

"There would be much less cost for every property owner," said businessman Helmut Roy. "That would be a fair thing."

The Boxelder floodplain includes land east of Fort Collins along I-25, and several attending the meeting claimed that the sole purpose of the project is to help the developers who own that land.

"The project will free up this land so these guys can make a whole lot of money at our expense," said Gary O'Quinn. "This whole thing stinks to high heaven."

Others objected to the fee schedule being set up in perpetuity with no cap on the dollar amount. However, the intergovernmental agreement among the three entities specifies a minimum rate of 3 cents per square foot of impervious surface and a maximum rate of 4 cents.

The Boxelder fees set by the county, explained county engineer Mark Peterson, are close to the authority's minimum rate. County fees are somewhat lower than the minimum for commercial properties and somewhat higher for residential lots. The county's annual fees for residential lots range from $62 to $97, depending on the size of the property.

The boundary of the fee area has also been contentious. As it is set up, the fee area includes all properties that eventually drain to Boxelder Creek. The map was changed recently, after Burns completed a field survey of the boundary areas. Several properties were exempted from the fee area as a result of the survey.

One person stated that the western boundary of the fee area was changed from County Road 11 to CR 15, but Burns said that's not the case. The boundary of the Boxelder drainage has been CR 15 ever since a hydrology study was completed in 2001, he said, but a consultant at one time printed an inaccurate map showing CR 11 as the western edge.

Nikkel pointed out that state legislators have no direct say in the Boxelder matter, but she hopes to improve communication between unhappy citizens and the Larimer County Commissioners.

Lundberg said his concern is the public process used in setting up the authority and the fees. "The principle of the thing is important to me," he said. "You don't work for the government--the government is supposed to be there to help you."

The Boxelder Stormwater Authority will have a web site set up by Jan. 15, which will include the new map of the fee area. The site is www.boxelderauthority.org. People may also contact Burns with questions at 443-9505.