TOWN OF WELLINGTON 3735 CLEVELAND AVENUE P.O. BOX 127 WELLINGTON, CO 80549 TOWN HALL (970) 568-3381 FAX (970) 568-9354
BOARD OF TRUSTEES August 14, 2017 LEEPER CENTER – 3800 WILSON AVE.
REGULAR MEETING – 7:30 PM
AGENDA CALL TO ORDER - PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS TO OR DELETIONS FROM THE AGENDA CONFLICTS OF INTEREST PUBLIC TO BE HEARD ON NON-AGENDA ITEMS (time limit of 3 minutes per item) 1. CORRESPONDENCE AND MINUTES FROM COMMITTEES AND BOARDS a. Park Advisory Board Minutes for June 20, 2018
2 PRESENTATIONS a. Let’s Go Colorado
3 CONSENT AGENDA a. Work Session June 19, 2018 b. Work Session July 17, 2018 c. Board of Trustee Minutes for July 24, 2018 d. Resolution 27 - 2018 – Street Closure for Mount Meeker Block Party e. Resolution 28 - 2018 - Use of Park for Octoberfest f. Resolution 29 - 2018 - Confirm appointment of Crystal Smith as Court Clerk
4. NEW BUSINESS a. Larimer County Behavioral Health Policy Council by Laws. b. Bills for Approval
5. LIQUOR LICENSE REVIEW BOARD a. Special Event Permit for Octoberfest b. Renewal License for Papas Table c. Renewal License for Sol de Jalisco
6. STAFF REPORTS a. Town Attorney Update b. Town Administrator Update c. Trustee Update
7. Executive Session – Land Purchase Negotiations
ADJOURN 2 3 4 Let’s Go, Colorado 5
How we got here Colorado's transportation needs have gone unmet for decades. In every corner of our state, 78% of Colorado’s roads will need we lack the resources to maintain our roads, to be repaired in the next 10 years, highways and local bus routes. but the state lacks the budget to keep up. It’s time to stop the Because the state’s gas tax isn’t tied to inflation, band-aid approach. there has been less and less revenue from existing gas taxes to address Colorado’s trans- portation needs. Today, Colorado spends just Potholes and rough roads $69 per driver on transportation infrastructure, damage a vehicle’s tires and sus- compared to 25 years ago when we spent almost twice that amount - $125 per driver. pensions, costing the average Colorado driver $468 in repairs CDOT has more than $9 billion in projects with each year. no funding - and that’s only part of the issue, our local communities lack the resources to address congestion, maintain roads and Each dollar spent on road improve safety. We need a statewide solution improvements results in an aver- that ensures local governments have the age benefit of $5.20 by reducing resources to meet demands, addresses delays and fuel consumption, and high-priority projects on state highways, and improving safety. promotes multimodal transportation options that reduce congestion. Our proposal We need a new funding source to fix our Distribution of new roads. A sales tax asks everyone to chip in, Transportation Revenue including the 80 million out-of-state tourists Multimodal Options who use our infrastructure every year. Fund - 15% Our proposal will increase the state’s sales tax by 0.62%, a little more than half a cent on a dollar purchase, This revenue will address longstanding problems with funding transpor- tation projects in the state.
Local New revenue will be distributed to fund critical Transportation State Priorities Fund Highway state projects that address safety and make it Cities - 20% Fund - 45% easier to get around, projects on local streets Counties 20% and highways as determined by local leaders First Year and make a serious investment in multimodal $767 million Revenue transit to help reduce congestion and protect our air quality. 6 funding State Projects Our initiative will address major projects on I-25, I-70 and the state highways that connect our communities throughout Colorado.
• Improve traffic flow by widening lanes, adding passing lanes and improving interchanges.
• Improve safety by adding and widening shoulders, replacing bridges and building wildlife crossings.
We see on our commutes and daily travels that the needs at the state level are serious and immediate. By using bonds, we’ll be able to start these projects right away. addressing local priorities
Local governments will have full flexibility of their share of the funding, allowing our communities to meet their diverse needs throughout the state. Projects could include: • Street repaving and pothole repair • Matching for state projects • New intersections, shoulders and signals • Bike lanes, sidewalks and other transit options This revenue will be split 50/50 between cities and counties based on lane miles and vehicle registrations. supporting multimodal options
Multimodal funding will support transportation options that decrease traffic congestion and protect our air quali- ty. This funding could be used to support urban and rural bus service, large scale bike lanes and paths, and improvements for pedestrians.
This revenue will be divided to leverage state local dollars to complete large and small projects, support interregional transit projects like Bustang, and distribute funds to local governments specifically for multimodal projects.
For more information, please email us at [email protected] Paid for by Coloradans for Coloradans 7
WORK SESSION SUMMARY June 19, 2018
Meeting started at 7:34pm and ended at 10:10pm Board Members in Attendance –Trustee Jerome, Trustee Whitehouse, Trustee Evans, Trustee Sattler and Mayor Hamman Staff in Attendance – Ed Cannon, Ryan Abbott, Keith Wilson, Cynthia Sullivan, Cody Bird, Bob Gowing, Brad March, Mark Oberschmidt.
1. Trail Plan Presentation
Jeff Temple and Adria Ucero, from J.U.B. and Ryan Abbott presented the Trail Plan. They discussed progress to date and recommended option 4 which would run on the west side of Boxelder Creek from Washington Ave. to Cleveland Ave. and cross over to the east side of the railroad tracks and continue south to Jefferson Ave.
Issues discuss • Easements and concerns from property owners. • Approval from CDOT, Burlington Northern Railroad Company and Windsor Ditch Company for ability to cross their properties. • Research needed to define where the property lines are along the railroad tracks. • Crossing signals on Cleveland Ave. • Location of the ditch crossing south of Washington Ave
The team suggested that this project be broken into two phases. The first phase would be from Washington to Cleveland and could be started this year. The second phase would be from Cleveland to Jefferson because additional work is needed.
The Board liked the alignment of option 4 and suggested the team move forward. The next step would be to review with the Parks Advisory Board and then bring the final design to the Board of Trustees.
2. Regional Transportation Funding Committee Cody Bird reviewed the information presented at the June 12 Board Meeting. The Committee has two sub-committees. One is the Technical Advisor Committee (TAC) that works on the engineering and design and the second was a Policy Action Committee to address policies and funding.
The Wellington projects 1) I-25 interchange @ SH 1/ Cleveland Ave. 2) SH 1 @ LCR 9 3) Owl Canyon Rd. 4) CR 9 5) SH1 @ 6th Street 6) I-25 interchange @ CR 58 7) CR 58 8) Nunn Rd East of I-25 8
Mr. Bird reviewed the list and asked if the Board felt there were any items that needed to be omitted or switched. There was further discussion on the I-25 intersections and why they were placed in this order. It was decided to remove item 8 from the list.
There was discussion on who should represent the town on the Policy Force.
3. Draft Consent Policy
Mr. Cannon reviewed the policy and asked for comments.
4. Conditional Use Large Day Care Facilities
Mr. March explained that the discussion was to look at the Town’s code regarding in-home daycare, not any specific application.
Mr. Bird reviewed the conflict between the Town Code, Fire Code and Building Codes. He outlined the process of working toward a solution / compromise with the Building and Fire Departments and provided possible options. There was a question on whether this would be on the agenda of the next Board Meeting. Mr. Bird said the applications would be because they were tabled to that meeting. He would recommend at that meeting for an additional month extension.
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WORK SESSION SUMMARY July 17, 2018
Meeting started at 7:30pm and ended at 9:25pm Board Members in Attendance –Trustee Knutson, Trustee Jerome, Trustee Whitehouse, Trustee Evans, Trustee Sattler and Mayor Hamman Staff in Attendance – Ed Cannon, Keith Wilson, Cynthia Sullivan, Cody Bird, Bob Gowing, and Brad March. Meeting started with item 2 from the agenda.
2. Legislative Changes for In-Home Daycare Staff in attendance Gary Green, Fire Department Chief and Kelly Dykstra from Safebuilt. Cody Bird updated the board about the group working on the Daycare code and the possible solution to the conflicting codes.
The proposed solution will include: a) The Child Care Facility within a dwelling shall be limited to a maximum of nine children under the age of 12 who receive care for fewer than 24 hours per day. b) Compliance with permitting by Wellington Fire Protection District in accordance with International Fire Code (IFC) 105.6 “Required Operating Permits” c) Compliance with provisions of Appendix M of the International Residential Code as amended. d) An approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of bedrooms. e) Provide one 2A:10BC rated fire extinguisher in the kitchen area of the residence and in any basement area used for child care, said fire extinguishers to be mounted in a visible and accessible location 42-48 inches above floor. Mr. Bird explained the process of public hearings to adopt the Codes and amendments.
1. Town Purchasing Policy
Mr. Wilson reviewed page 5 of the policy regarding threshold amounts. He reviewed the limitations for small purchases, purchases requiring a signature and purchases that require the bidding process. He mentioned the move from company credit cards to P-card that can be limited. He also mentioned the tracking of requisitions which can be used to put together the budget. There was further discussion on how the P-card system would work and how it would be tracked. There was discussion about who was designated to give signed authorization. This item will be discussed at the August 21st work session.
3. Downtown Development Authority
Mr. Cannon gave a presentation on Downtown Development Authorities (DDA) and how it could be beneficial to the Town. He explained how DDA’s are organized and financed and reviewed TIP financing. Mr. Cannon reviewed the process to establish a DDA and the DDA’s responsibilities. He explained development projects must go through the Planning Commission and the Board of Trustees for approval. He detailed how the boundaries of the DDA would be established and that they could be expanded through annexation into the DDA.
August 16th Downtown Colorado Inc. is sponsoring a DDA tour Denver, Windsor and Fort Collins. Mr. Cannon requested if any Board member interested to contact Town Hall.
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BOARD OF TRUSTEES REGULAR BOARD MEETING July 24, 2018
Work session by Wright Water Engineers to discuss water options (summery attached to minutes) The Regular Board Meeting was called to order at 7:30 p.m. July 24, 2018 at the Leeper Center 3800 Wilson Ave, Wellington CO.
TRUSTEES PRESENT: WYATT KNUTSON, MATT MICHEL, JOHN JEROME, TIM WHITEHOUSE, JOHN EVANS, DANIEL SATTLER, and TROY HAMMAN,
TRUSTEES ABSENT: NONE
PRESIDING: TROY HAMMAN, MAYOR
ALSO, PRESENT: ED CANNON, TOWN ADMINISTRATOR CYNTHIA SULLIVAN, DEPUTY CLERK CODY BIRD, TOWN PLANNER BOB GOWING, PUBLIC WORKS DIRECTOR KEITH WILSON, FINANCE DIRECTOR BRAD MARCH, TOWN ATTORNEY MARK OBERSCHMIDT, TOWN ENGINEER
Additions to or deletions from the agenda None
Conflicts of Interest None
Public to be heard on non-agenda items. Matt Mullet, of FRS Enterprises, addressed the Board about internet services for the businesses in the Wellington Business Park. He said they have contacted several companies with no success. He introduced Philip Harkman from Litegig Communications. Mr. Harkman said his company uses fiber optic and wireless technologies to provide high speed internet. They would need to put in a tower about 50-60 feet tall on the property. There was discussion about the process to get approval and who would benefit from the service.
1. Correspondence and Minutes from Committees and Boards
a. Park Advisory Board Minutes for May 16, 2018 b. Larimer County Sheriff’s Office Report for June 2018 c. CAC Minutes for May 1, 2018
2. PRESENTATIONS
a. 2017 Audit Report Tyra Litzau, from Anton Collins Mitchell LLP, presented the Audit. She explained how the audit was prepared and how the report was compiled. They also put together recommendations for any correction and deficiencies, which are the credit card policy and segregation of duties in the financial department. No 11
audit adjustment where needed. Ms. Litzau mentioned the changes in the audit code that could affect Wellington, specifically with leases.
3. CONSENT AGENDA a. Board of Trustee Minutes for June 26, 2018
TRUSTEE WHITEHOUSE MOVED AND TRUSTEE JEROME SECONDED to approve the Consent Agenda with corrections. Roll call was taken and the motion passed unanimously.
4. OLD BUSINESS Mr. Bird explained that the next two items are similar, but action was separate. He gave a background on the issues with daycares and how by working with the Building Inspection Agency, Fire Department and the daycare providers they had come up with a possible solution. Mr. Bird said the proposed solution was to allow up to 9 children in care without fire sprinklers and adopt appendix M of the residential code. To implement the solution the Fire Department and Board of Trustees would have to adopt amendments to the Fire Code, Building Code and the Zoning Code. These would require public hearings. The recommendations are to approve the conditional use subject to fire department inspection.
Angie Billington, applicant, spoke about infant care requirements in Colorado.
a. Ordinance 10-2018 – Conditional Use Daycare – 6900 Loudon
TRUSTEE SATTLER MOVED AND TRUSTEE EVANS SECONDED to approve Ordinance 10-2018 Conditional Use for Large Child Care Home at 6900 Loudon with conditions. Roll call was taken and the motion passed unanimously.
b. Ordinance 11-2018 – Conditional use Daycare – 7078 McClellan Mr. Bird said this would be the same recommendation as the previous ordinance.
Kirsten Normington-Mellon, 7098 McClellan Rd., said she was concerned about the cost of the inspections and felt some of the safety procedures are redundant. She wanted to make sure all the daycare providers are notified when the public hearings are held for the codes.
Ms. Billington suggested having a handout about the process for new childcare providers.
TRUSTEE SATTLER MOVED AND TRUSTEE KNUTSON SECONDED to approve Ordinance 11- 2018 Conditional Use for Large Child Care Home at 7078 McClellan. Roll call was taken and the motion passed unanimously.
5. NEW BUSINESS
a. Resolution 25-2018 Granting Extension of Johnson Annexation Mr. Bird explained were this was located and why it needed to be extended.
TRUSTEE MICHEL MOVED AND TRUSTEE WHITEHOUSE SECONDED to approve Resolution 25- 2018 Granting extension of Approval for filing of Annexation Plat for Johnson Annexation. Roll call was taken and the motion passed unanimously.
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b. Purchase Request – Mower Mr. Gowing said this will be to replace a 20-year-old mower.
TRUSTEE JEROME MOVED AND TRUSTEE SATTLER SECONDED to approve purchase request for Scag mower in the amount of $10,399.00. Roll call was taken and the motion passed unanimously.
c. Bills for Approval • Emergency Repairs Clearwell Pump Mr. Gowing said the pump failed and has been repaired.
Trustee Jerome suggested checking into a service agreement on the pumps.
TRUSTEE MICHEL MOVED AND TRUSTEE JEROME SECONDED to approve the payment of the emergency pump repair. Roll call was taken and the motion passed unanimously.
6. Staff Reports a. Town Attorney Update
b. Town Engineer Update (Mark Oberschmidt, Stantec) • Both Boxelder Commons and Sage Meadows are moving forward. • Work starting on outlot B of Columbine Estates. • Update on Wellington Downs retention area.
c. Town Administrator Update • Strategic Plan meeting. • Water Restriction notifications. • Statistics of frequently asked questions. • Human Resources – Advertisement for Assistant Town Administrator. Pete Brandjord started as Assistant Finance Director on July 23rd. Interviews for Building Permit Tech. • Social Media
• Finance – Updated for June and year to date.
• Planning – Residential building permits are behind last year but are still within the trend for the year. Commercial building permits ready for pickup. Review of project status. Discussion about wireless towers. Regional Transportation update. Trails update.
• Public Works – upgrade on the Water Treatment Plant Project. Road maintenance project was complete. Water/Waste Water Operations update. Discussion about the Nano- Filtration Plant and water consumption.
d. Trustee Update
TRUSTEE KNUTSON MOVED AND TRUSTEE EVANS SECONDED to adjourn at 9:15pm. Roll call was taken and the motion passed unanimously.
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Respectfully submitted:
Cynthia Sullivan, CMC Deputy Town Clerk
WORK SESSION SUMMARY - July 24, 2018
Meeting started at 5:35pm. and ended at 7:14pm. Board Members in Attendance –Trustee Knutson, Trustee Jerome, Trustee Whitehouse, Trustee Evans, Trustee Sattler and Mayor Hamman Staff in Attendance – Ed Cannon, Keith Wilson, Cynthia Sullivan, Cody Bird, Bob Gowing, Brad March and Mark Oberschmidt.
Wright Water Engineers Water Options Presenters - Ken Wright and Patricia Flood
Mr. Wright gave a background on the work they have been doing for the town since 2016. He listed the following alternatives for water.
• North Poudre Irrigation Company • Wilson Wells • 3W Water (Seaworth) • Bison Water Company • East Larimer County Water District • North Weld County Water District • Divide Reservoir • City of Fort Collins • Northern Integrated Water Supply Project (NISP)
Mr. Wright said they used the following criteria to assess the alternatives.
• Feasibility • Reliability • Building and Pay • Renewable Supply • Based on 2000-acre feet needed for growth of town. (1-acre foot = 326,000 gallons)
Mr. Wright and Ms. Flood gave details of all the alternatives. There was discussion about costs. Wright Water suggested was to focus on water from North Poudre Irrigation Company, Wilson Wells, 3W Water and NISP.
Mr. Cannon recommended forming a task force to evaluate each of the four options. 14
RESOLUTION 27- 2018
A RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF MEEKER STREET WITHIN THE TOWN OF WELLINGTON FOR A BLOCK PARTY ON AUGUST 17, 2018
WHEREAS, the Board of Trustees received a request from residents of Mount Meeker Street The Knolls in Wellington for the temporary closure of a portion of Mount Meeker Street for a "Block Party" on August 17, 2018; and
WHEREAS, said temporary closures are permitted by CRS. 42-4-109 and Section 23-9 of the Model Traffic Code.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF WELLINGTON, LARIMER COUNTY, COLORADO.
Section 1. The following street is to be closed to automobile traffic at the time specified: Mount Meeker Street between Mount Adams Street and Mount Edwards Street from 4:00pm to 10:00pm on August 17, 2018.
Section 2. The residents holding the Block Party are responsible for placing traffic cones and a barricade stating the road is closed on Mount Meeker at Mount Adams and Mount Edwards during the above specified closure times.
INTRODUCED, PASSED AND ADOPTED THE 14th DAY OF AUGUST 2018 BY THE BOARD OF TRUSTEES OF THE TOWN OF WELLINGTON, LARIMER COUNTY, COLORADO, AND ORDERED TO BECOME EFFECTIVE IMMEDIATELY UPON ADOPTION.
______Troy Hamman, Mayor
______Ed Cannon, Town Administrator/Clerk 15
Attachment 1
Town Board Meeting Agenda Item #3e
Meeting Date: August 14, 2018 Submitted By: (Cynthia Sullivan, Deputy Clerk) Agenda Category: Special Event Permit
Subject: Temporary Use of Centennial Park for Octoberfest
Legal Considerations: • Under the Liquor License Review Board agenda is an application for a Special Event License for the Octoberfest. As part of the application written approval of the property owner where the event is to be held is required. Resolution 28- 2018 provides this approval for an Octoberfest on September 29 from 3:00pm to 9:00pm.
Policy Considerations: • Resolution giving approval to use public parks for special events.
Recommend a Motion to: • Approve Resolution 28-2018 authorizing the temporary use of Centennial Park for Octoberfest .
Attachments
Attachment 1 (Resolution 28-2018) 16
RESOLUTION 27-2018
A RESOLUTION AUTHORIZING THE TEMPORARY USE OF CENTENIAL PARK FOR AND BEE R GAR DEN WITHIN THE TOWN OF WELLINGTON DURING THE OCTOBERFEST IN THE PARK
Whereas, an application for Special Events Permit was received from Kiwanis Club of Fort Collins for Beer Gardens for an Octoberfest in the Park.
Whereas; the Liquor License Review Board has approved the Special Events Permit in accordance with C.R.S. 12-48-102.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF WELLINGTON, LARIMER COUNTY, COLORADO.
SECTION #1: Use of Centennial Park for Beer Gardens on September 29, for an Octoberfest from 3:00pm and 9:00pm is hereby approved:
SECTION #2 The Beer Gardens will be located in the west half of Centennial Park adjacent to Third Street between the Pavilion and Harrison.
SECTION #3: Kiwanis Club of Fort Collins is responsible for the roping off of the serving area.
SECTION #4: Kiwanis Club of Fort Collins will provide security and servers with TIPS training.
INTRODUCED, PASSED AND ADOPTED THE 14TH DAY OF AUGUST, 2018 BY THE BOARD OF TRUSTEES OF THE TOWN OF WELLINGTON, LARIMER COUNTY, COLORADO, AND ORDERED TO BECOME EFFECTIVE IMMEDIATELY UPON ADOPTION.
______Troy Hamman, Mayor
Attest:
Ed Cannon Town Administrator/Clerk 17
TOWN OF WELLINGTON
RESOLUTION NO. _29_-2018
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF WELLINGTON APPOINTING THE WELLINGTON MUNICIPAL COURT CLERK UNTIL THE 2020 ELECTION
WHEREAS, the Board of Trustees of the Town of Wellington, Colorado (the “Board”) has adopted and reenacted the Wellington Municipal Code; and
WHEREAS, the Municipal Judge is to appoint the Municipal Court Clerk pursuant to the Town Code at Section 2-4-70 and C.R.S. § 13-10-108 with the Board of Trustees appointing the Municipal Court Clerk at the same time as the Municipal Judge's appointment; and
WHEREAS, the Town Board re-appointed Carol Kler as Court Clerk at the time of the last appointment of the Municipal Judge, and
WHEREAS, Carol Kler recently resigned as Court Clerk; and
WHEREAS, the Municipal Judge has appointed Crystal Smith as the Municipal Court Clerk, and
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD APPOINTS THE FOLLOWING PERSONS TO SERVE AS OFFICERS OF THE TOWN:
The Board appoints the Crystal Smith to serve as the Town’s Clerk of the Municipal Court.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF WELLINGTON, COLORADO, THIS 14th DAY OF August, 2018.
TOWN OF WELLINGTON, COLORADO
Troy Hamman, Mayor
ATTEST:
Ed Cannon, Town Administrator/Clerk
DRAFT18 LARIMER COUNTY BEHAVIORAL HEALTH POLICY COUNCIL BYLAWS
The Behavioral Health Policy Council (the “Council”) has been established by the Larimer County Board of County Commissioners and operates under the authority of these Bylaws. The establishment of this Council is based on the recognition that Larimer County residents have diverse needs related to behavioral health. The Behavioral Health Program and the community at large will benefit from the varied perspectives of Council members.
I. Purpose The Council’s purpose is to foster regional coordination and cooperation in matters relating to the provision of a continuum of behavioral health services in Larimer County by:
A. providing an organizational framework to ensure effective communication and coordination of behavioral health-related issues and services among Larimer County local governments and between provider agencies involved in the delivery of such services in Larimer County; B. serving as a vehicle for the collection and exchange of behavioral health-related information and expertise and representation of the interests of all Larimer County residents; C. providing a forum to identify, discuss, study and collectively approve solutions to regional behavioral health problems for consideration by the Board of County Commissioners; D. developing and endorsing policy regarding behavioral health issues for ratification by the Larimer County Board of County Commissioners; E. reviewing budget proposals presented to the Council by the Larimer County Behavioral Health Director prior to submittal to the Board of County Commissioners; F. promoting behavioral health awareness, planning, cooperation and coordination for the benefit of all Larimer County residents; G. reviewing services, needs and resources, reaching consensus and presenting issues concerning the program to the Board of County Commissioners; H. reviewing and approving an annual report to be presented to the Board of County Commissioners for review and publication.
The Council shall have the authority to review, recommend, approve and adopt matters related to the Behavioral Health Program. Decisions made by the Council must be ratified by the Board of County Commissioners.
II. Membership
A. The Council will consist of 13 members with the actual number to be determined by the Board of County Commissioners given the qualifications of applicants of the needs of the Council for at-large members. The members of the Council shall consist of:
DRAFT19 1. the Mayor (or designee) from each of the municipalities of Estes Park, Fort Collins, Loveland, and Wellington; and 2. An elected Town Trustee or Board member from a district within the Larimer County corporate boundaries of each of the municipalities of Berthoud, Johnstown, Timnath and Windsor; and 3. four (4) to six (6) at-large community members appointed by the Board of County Commissioners; and 4. one member of the Board of County Commissioners as determined by the Board of County Commissioners.
B. The Board of County Commissioners may increase representation on the Council as appropriate. The Council will have the opportunity to provide input into the decision to increase Council representation to the Board of County Commissioners.
C. Ex-Officio Members: Ex-officio members shall not have voting privileges. The Council will have the opportunity to provide input into the appointment of ex-officio members to the Board of County Commissioners. Such memberships may be summarily terminated by the Board of County Commissioners at its discretion.
1. A Technical Advisory Group (“TAC”) comprised of at-large behavioral health professionals will be appointed by the Board of County Commissioners. TAC members should reflect a balance in professional focus in the fields related to behavioral health services; and
2. Other ex-officio memberships may be granted to an entity involved in behavioral health services or related support programs.
D. A member of the Council shall be replaced if that member 1) no longer represents the membership category to which he or she was appointed; 2) resigns from the Council; or 3) exhibits misconduct that is counter to the purpose of the Council or potentially harmful to the Council, Larimer County Behavioral Health Program or Larimer County government in the judgement of the Board of County Commissioners. Vacancies occurring on the Council shall be filled in the same manner as is provided for in the original designations:
1. replacement of a member appointed by one of the municipalities shall be selected by the municipality consistent with paragraph II.A. above; 2. the Board of County Commissioners shall select the replacement of any at-large behavioral health members; and 3. the Board of County Commissioner shall select the replacement of the Board of County Commissioner representative. 4. All replacement members shall serve for the unexpired term of his or her predecessor.
III. Terms
A. Member terms shall be for three (3) years. To the extent possible, terms shall be staggered so that the terms of approximately one-third of the members shall expire each year.
DRAFT20 B. Upon completion of the first term, either partial or full, a member may seek reappointment to a second and third full three-year term(s) subject to approval of their appointing body or the Board of County Commissioners in accordance with section II.A. above.
C. Term limits shall comply with Larimer County Administrative Policy and Procedure 100.1
D. Regular terms begin December 1 and end November 30 of the expiring term year.
E. Initial terms end as follows:
Member Representative Initial Term Ends Mayor or Designee Estes Park 2020 Fort Collins 2021 Loveland 2022 Wellington 2020
Elected Officials Berthoud 2021 Representing a Larimer Johnstown 2022 County District with their Timnath 2020 Jurisdiction Windsor 2021
County Commissioner Larimer County 2022
At-Large Appointees by Community Member 2020 the Board of County Community Member 2021 Commissioners Community Member 2022 Community Member 2020
IV. Officers
A. The officers of the Council shall consist of a Chair and a Vice Chair elected from among Council members. Officers shall assume responsibility at the first Council meeting in November and serve for one year or until their successors are elected. The current Chair will run the meeting at which the election is held with a change in Chair occurring at the next meeting. Vacancies in Chair or Vice Chair offices shall be filled by the Council as soon as practical.
B. Duties of Council Officers:
1. Chair: The Chair shall preside over Council meetings, sign documents approved by the Council, serve as the official representative of the Council as a whole in all interactions with the Board of County Commissioners and represent the Council on the Executive Committee. The Chair shall serve no more than two (2) consecutive years. 2. Vice Chair: The Vice-Chair is authorized to perform all duties of the Chair in the absence of the Chair and perform other duties as may be assigned by the Council. The Vice Chair shall serve no more than two (2) consecutive years.
C. The Behavioral Health Director or designee shall serve as Secretary to the Council. The Secretary shall: 21 DRAFT 1. keep the minutes of all meetings of the Council and Executive Committee; 2. distribute the meeting agenda and related materials as developed in consultation with the Chair; 3. inform the Council of correspondence related to business of the Council; and 4. sign or attest to the signature of the Chair or Vice Chair when necessary.
V. Committees and Subcommittees
The Council may agree to establish working committees as necessary.
A. Executive Committee: The Council may, at its discretion, form an Executive Committee, the role of which is to work in conjunction with the Council and Behavioral Health Director to facilitate effective and efficient meetings. Roles for the Executive Committee could include:
1. reviewing the agenda prior to distribution; 2. reviewing the budget proposal with the Director prior to presentation to the full Council; 3. other assignments deemed beneficial by the Council to ensure efficient and effective Council meetings.
The Executive Committee will include the Council Chair, Council Vice Chair and any other member(s) determined by the Council to be beneficial. The Behavioral Health Director or designee will attend as a non-voting member and will serve as or assign a staff member to serve as Secretary.
B. Subcommittees: The Council may, at its discretion, form subcommittees comprised of Council members to work on specific items in more detail than time allows at regular Council meetings.
1. The Chair will facilitate the appointment of the members of a Subcommittee and identify the specific charge or the subcommittee. 2. A statement of purpose will be developed based on the discussion and direction of the Council that specifies the specific duties of the subcommittee. The Council will approve the statement of purpose prior to subcommittee work beginning. Subcommittees may be limited in duration with an identified start and end date if so defined in the statement of purpose. 3. If, during the course of the subcommittee work, it is determined that the statement of purpose (including duration of assignment) needs to be modified, a revised statement of purpose will be presented to the Council as a whole for approval. 4. The Council will appoint a subcommittee Chair who will be responsible for conducting meetings, coordinating with staff as appropriate, and reporting back to the Council with recommendations. 5. Subcommittees are intended to make recommendations to the Council for consideration. Any recommended action from a subcommittee must be approved by the Council as a whole. If the Council does not agree with the subcommittee recommendation, the Council will determine the most appropriate next step.
The Behavioral Health Director or designee will attend all meetings as a non-voting subcommittee member and will serve as or assign a staff member to serve as Secretary.
DRAFT22 C. Other Committees: The Council may, at its discretion, appoint other working committees, including a comprised of at least one Council member and other members who are not on the Council to work on specific items in more detail than time allows at a regular council meeting.
1. The Chair will facilitate the appointment of the members of a working committee and identify the specific charge of the subcommittee. 2. A statement of purpose will be developed based on the discussion and direction of the Council that specifies the specific duties of the working committee. The Council will approve the statement of purpose prior to working committee formation. Working committees may be limited in duration with an identified start and end date if so defined in the statement of purpose. 3. If, during the course of the working committee’s activities, it is determined that the statement of purpose needs to be modified (including duration of assignment), a revised statement of purpose will be presented to the Council as a whole for approval. 4. The Council will appoint a Chair of the working committee who will be responsible for conducting meetings, coordinating with staff as appropriate, and reporting back to the Council with recommendations. Where possible, the working committee Chair shall be a member of the Council. 5. Working committees are intended to make recommendations to the Council for consideration. Any recommended action from a working committee must be approved by the Council as a whole. If the Council does not agree with the working committee recommendation, the Council will determine the most appropriate next step.
The Behavioral Health Director or designee will attend all meetings as a non-voting working committee member and will serve as or assign a staff member to serve as Secretary.
D. Standing Technical Advisory Committee (“TAC”): Consistent with section II.C of these By-Laws, a TAC, comprised of at-large behavioral health professionals will be appointed by the Board of County Commissioners. The TAC:
1. makes recommendations to the Council regarding the provision of behavioral health distributive services in Larimer County; 2. provides advice on the development and implementation of programs in support of community behavioral health needs for all Larimer County residents; 3. provides comments to the Council regarding the draft annual report and performance measures; 4. shall not make recommendations on funding of services to specific agencies or service providers unless specifically tasked with that activity by the Council; and 5. shall comply with the ethics provisions contained in section VII.B. of these by-By-laws.
The Behavioral Health Director or designee will attend all meetings as a non-voting TAC member and will serve as or assign a staff member to serve as Secretary. DRAFT VI. Meetings
The Council shall meet at least quarterly, at a time and place to be announced and at such other times as the Council deems necessary by the Council, Board of County Commissioners, or the Behavioral Health Director. However, meeting monthly is generally expected. 23
A. All meetings of the Council, Executive Committee, Subcommittees and Working Committees are subject to the Colorado Open Meetings Law.
B. All Council meetings will be advertised and open to the public. The public will be able to speak at a designated time during regular business meetings of the Council.
C. Regular meetings will be announced at least seven (7) days in advance by email to the full Council membership including notification on the appropriate page of the Larimer County website.
D. Council meetings will be electronically recorded, and minutes will be prepared by Behavioral Health staff. Minutes will be approved at the next Council meeting and posted on the appropriate page of the Larimer County website.
E. Prior to meetings, the Behavioral Health staff will provide a packet of background materials to the Council at least seven (7) days in advance via e-mail and will be posted on the appropriate page of the Larimer County website.
F. Special Meetings: In the event of a Special or Emergency meeting, meeting notices will be made public as soon as practical and shall be in accordance with the Colorado Open Meetings law.
1. Field Trips: Field trips and work sessions may be conducted so that Council members can become familiar with issues prior to voting. Field trips shall be conducted only after required notice has been provided and the Behavioral Health Director or designee will attend. 2. Executive Sessions: Executive Sessions may be called in accordance with C.R.S.24-5-402 by a majority of the Council present at a meeting. Executive Session discussions are confidential.
G. Quorum:
1. A majority of the members of the Council shall constitute a quorum. 2. No business shall be conducted at a meeting unless a quorum is present.
H. Voting:
1. Each member of the Council may vote on an issue. 2. A roll call vote shall be taken on all votes if not unanimous. 3. No proxy votes shall be allowed. 4. All votes must be made in person (or by teleconference if approved by a majority of the Council present at the meeting where the vote is being taken).
I. Order of Business:
1. The order of business at any meeting shall be called by the Chair and/or the Behavioral Health Director, or as recommended by a Council member prior to the meeting. 2. Special presentations at Council meetings should be limited to fifteen (15) minutes unless the presenter has received prior approval. 24 DRAFT J. Parliamentary Procedure: Business, including presentations, discussions, motions and voting shall be conducted in an orderly manner following such processes and procedures as the Council may determine effective. Robert’s Rules of Order shall not apply.
VII. General Provisions
A. Administrative Policy and Procedure: The Council shall conduct its business in a manner consistent with the conditions adopted by the Board of County Commissioners included in Larimer County Administrative Policy and Procedure 100.1E as amended.
B. Code of Ethics:
1. A member shall recuse him or herself from discussion and voting if an actual or potential conflict of interest exists. 2. A conflict may result where a member has a personal or private interest in a matter proposed or pending before the Council; where a member stands to gain or lose financially as a result of a position taken by the Council; or where a member believes he or she cannot fairly and impartially discharge his or her duties.
C. Amendments: These Bylaws may be approved or amended in whole or in part by a two-thirds (2/3) vote of the Council, subject to ratification by the Board of County Commissioners. This shall occur during a regularly scheduled meeting provided any proposed changes to the Bylaws are distributed in written form in a manner consistent with Council protocol to all Council members at least seven days prior to the meeting at which action is anticipated to be taken on the proposed changes.
VII. Adoption and Effective Date
These Bylaws became effective on ______by adoption of a Resolution by the Larimer County Board of County Commissioners.
Board of Commissioners of Larimer County, Colorado
By: ______DRAFT Steve Johnson, Chair 25 26 27 Town of Wellington Check Register - List Page: 1 Check Issue Dates: 7/18/2018 - 8/9/2018 Aug 09, 2018 02:11PM
Report Criteria: Report type: Summary
Check Issue Date Vendor Number Payee Amount Invoice GL Account
07/19/2018 41 AMERIGAS 117.00 204-34-5227 07/19/2018 1 BLACK HILLS ENERGY 409.04 205-34-5344 07/19/2018 12212 CARNES SERVICE 4,000.00 201-50-5192 07/19/2018 12210 CHEMTRADE CHEMICALS US LLC 5,243.13 204-34-5221 07/19/2018 13518 CINTAS CORPORATION 706.38 210-34-5372 07/19/2018 13448 COLORADO ANALYTICAL LABORATORY 1,143.00 204-34-5334 07/19/2018 10922 DON KEHN CONSTRUCTION 201,496.89 203-00-2015 07/19/2018 13591 EMPLOYERS COUNCIL SERVICES, INC. 199.00 201-15-5380 07/19/2018 13665 FROM THE HEART, LLC 400.00 210-51-5190 07/19/2018 13692 FRONT RANGE CONCRETE, LLC 143,912.22 203-80-5883 07/19/2018 218 GALLEGOS SANITATION 910.00 210-51-5146 07/19/2018 13052 GOLF & SPORT SOLUTIONS 1,253.00 210-51-5162 07/19/2018 13699 GOLF ENVIRO SYSTEMS, INC 34.04 210-70-5967 07/19/2018 13200 PROTECT YOUTH SPORTS 37.00 210-51-5144 07/19/2018 12380 TDS 174.09 210-15-5384 07/19/2018 13642 TRUE YOU, LLC 400.00 210-51-5190 07/19/2018 13050 VERIS ENVIRONMENTAL, LLC 1,013.96 205-34-5440 07/19/2018 13320 VERIZON WIRELESS 965.07 210-15-5345 07/19/2018 12983 WELLINGTON FIRE PROTECTION DIS 1,608.66 201-15-5356 07/20/2018 13681 CINTAS 37.57 203-34-5941 07/20/2018 10330 DELLENBACH MOTORS 48,990.00 203-80-5871 07/20/2018 11468 MUNICIPAL TREATMENT EQUIP. INC 696.00 204-34-5433 07/20/2018 553 USA BLUE BOOK 821.23 204-34-5241 07/30/2018 10326 4RIVERS EQUPMENT 303.28 210-34-5233 07/30/2018 13251 BOBCAT OF THE ROCKIES 96.13 203-34-5233 07/30/2018 13410 BOMGAARS SUPPLY INC. 28.97 203-34-5422 07/30/2018 13382 BUFFALO CREEK SUBDIVISION AT WELLINGTON 1,015.09 210-34-5341 07/30/2018 13656 CEM SALES & SERVICE, INC. 330.62 210-34-5256 07/30/2018 13553 CITY OF FORT COLLINS RECREATION 2,385.00 210-51-5145 07/30/2018 13448 COLORADO ANALYTICAL LABORATORY 160.00 205-34-5554 07/30/2018 13344 CONNELL RESOURCES, INC. 1,085.76 203-34-5424 07/30/2018 143 CPS DISTRIBUTORS, INC. 934.47 210-34-5237 07/30/2018 300 DANA KEPNER 4,461.57 204-70-5903 07/30/2018 151 DAN'S SMALL ENGINE 370.76 210-34-5233 07/30/2018 162 DEEP ROCK WATER COMPANY 25.33 205-34-5455 07/30/2018 12685 DENVER INDUSTRIAL PUMPS 22,558.25 204-34-5433 07/30/2018 10922 DON KEHN CONSTRUCTION 10,793.55 203-00-2015 07/30/2018 10328 DPC INDUSTRIES, INC 3,184.96 204-34-5221 07/30/2018 12692 DYNAMIC IMAGE 132.00 203-34-5241 07/30/2018 12664 E-Z POUR READY MIX 1,440.00 210-80-5950 07/30/2018 13719 FACTORY MOTOR PARTS 728.78 205-34-5231 07/30/2018 13063 FILLING STATION 10.69 201-50-5192 07/30/2018 13061 FINISH LINE AWARDS 513.20 201-12-5495 07/30/2018 218 GALLEGOS SANITATION 602.00 201-32-5398 07/30/2018 232 GRAINGER 83.05 205-34-5233 07/30/2018 237 HACH CO. 367.06 205-70-5969 07/30/2018 240 HAROLD'S TIRE SERVICE, INC. 15.00 203-34-5233 07/30/2018 13400 INTERSTATES CONSTRUCTION SRVCS 239.13 205-34-5356 07/30/2018 13579 J-U-B ENGINEERS 1,043.40 210-80-5944 07/30/2018 324 LARIMER COUNTY HEALTH DEPT. 664.00 204-34-5334 07/30/2018 13666 LINCOLN FINANCIAL GROUP 1,311.46 201-00-2517 07/30/2018 341 LOCKSAFE SYSTEMS 22.00 203-34-5241 07/30/2018 13397 LOU'S GLOVES, INC. 172.00 205-34-5941 07/30/2018 11468 MUNICIPAL TREATMENT EQUIP. INC 35.00 204-34-5433
M = Manual Check, V = Void Check 28 Town of Wellington Check Register - List Page: 2 Check Issue Dates: 7/18/2018 - 8/9/2018 Aug 09, 2018 02:11PM
Check Issue Date Vendor Number Payee Amount Invoice GL Account
07/30/2018 12953 NAPA AUTO PARTS 114.14 203-34-5233 07/30/2018 13528 NORTHERN COLORADO SPORTS OFFICIALS 2,105.00 210-51-5162 07/30/2018 10586 NORTHERN COLORADO TRAFFIC 177.00 203-34-5240 07/30/2018 11713 OCCUPATIONAL HEALTH CENTERS 56.50 201-15-5580 07/30/2018 486 STANTEC CONSULTING INC. 8,634.07 201-18-5356 07/30/2018 10253 SUNSTATE 627.74 201-50-5192 07/30/2018 524 TEAM PETROLEUM 270.19 205-34-5233 07/30/2018 12081 THE LUBE STOP 11.84 210-34-5241 07/30/2018 13718 TRIPLE CROWN SPORTS INC. 225.00 210-51-5144 07/30/2018 553 USA BLUE BOOK 4,102.95 205-70-5969 08/01/2018 11250 ABLAO LAW LLC 350.00 201-12-5109 08/01/2018 13410 BOMGAARS SUPPLY INC. 512.19 204-34-5433 08/01/2018 13693 CHALLENGER SPORTS CORP 5,294.00 210-51-5135 08/01/2018 13518 CINTAS CORPORATION 1,452.61 210-34-5372 08/01/2018 13448 COLORADO ANALYTICAL LABORATORY 803.40 205-34-5554 08/01/2018 13587 EON OFFICE 380.00 207-15-5214 08/01/2018 13052 GOLF & SPORT SOLUTIONS 495.00 210-51-5162 08/01/2018 13640 GROUND ENGINEERING CONSULTANTS, INC. 5,364.00 203-80-5883 08/01/2018 10455 HOME DEPOT 2,824.49 201-15-5495 08/01/2018 13528 NORTHERN COLORADO SPORTS OFFICIALS 915.00 210-51-5162 08/01/2018 432 POUDRE VALLEY CO-OP 224.47 203-34-5244 08/01/2018 11539 PURCHASE POWER 5,050.00 205-15-5311 08/01/2018 486 STANTEC CONSULTING INC. 12,730.02 210-70-5790 08/01/2018 13222 STAPLES 374.36 201-15-5214 08/02/2018 13591 EMPLOYERS COUNCIL SERVICES, INC. 25.00 201-15-5580 08/02/2018 232 GRAINGER 10.90 204-34-5433 08/02/2018 13679 HARCROS CHEMICALS INC. 10,320.00 204-34-5221 08/02/2018 11713 OCCUPATIONAL HEALTH CENTERS 142.00 201-15-5580 08/02/2018 13721 TOWN OF FIRESTONE 25.00 201-15-5380 08/02/2018 553 USA BLUE BOOK 194.91 204-34-5433 08/07/2018 13382 BUFFALO CREEK SUBDIVISION AT WELLINGTON 714.86 204-34-5593 08/08/2018 322 L.C. SALES TAX ADMINISTRATOR 28,066.55 201-00-2210
Grand Totals: 562,272.98
Report Criteria: Report type: Summary
M = Manual Check, V = Void Check 29 30 31 32 33
Town Board Meeting Agenda Item #5b
Meeting Date: August 14, 2018 Submitted By: (Cynthia Sullivan, Deputy Clerk) Agenda Category: Liquor License Review Board
Subject: Beer and Wine
Background: This is the annual renewal for Beer and Wine sales at Papa’s Table
Legal Considerations: This is renewed through the Liquor License Review Board
Recommend a Motion to: Approve renewal
Attachments
Attachment 1 Application for renewal Attachment 2 LCSO Report
34 LARIMER COUNTY SHERIFF'S OFFICE35 Calls For Sevice Address Search Report
Address searched: 3728 Cleveland Av Apt# searched: Date Range: 8/1/2017 to 8/1/2018 Release Type: Public
*Public Release prints only calls dispatched by Larimer County Sherif's Ofce to the address listed above and only shows those calls releasable per Colorado Statute 24-72-204.
Dispatch Agency Ser CALL_NO Call Date TYPE Dispo PRI_UNIT REPORT_NO Apt Address\Location (common)
1 36
Town Board Meeting Agenda Item #5c
Meeting Date: August 14, 2018 Submitted By: (Cynthia Sullivan, Deputy Clerk) Agenda Category: Liquor License Review Board
Subject: Hotel Restaurant Renewal
Background: • This is the annual renewal for Hotel Restaurant Liquor sales at Sol De Jalisco Mexican Restaurant
Legal Considerations: • This is renewed through the Liquor License Review Board
Recommend a Motion to: • Approve renewal
Attachments
Attachment 1 Application for renewal Attachment 2 LCSO Report 37 LARIMER COUNTY SHERIFF'S OFFICE38 Calls For Sevice Address Search Report
Address searched: 3750 Cleveland Av Apt# searched: Date Range: 8/1/2017 to 8/1/2018 Release Type: Public
*Public Release prints only calls dispatched by Larimer County Sherif's Ofce to the address listed above and only shows those calls releasable per Colorado Statute 24-72-204.
Dispatch Agency Ser CALL_NO Call Date TYPE Dispo PRI_UNIT REPORT_NO Apt Address\Location (common) LC P P172560278 09/13/2017 LOST RTF 9E48 LC170007862 3750 CLEVELAND AV, WEL (SOL DE JALISCO, WEL) LC P P180670616 03/08/2018 CBUR RTF 9Z43 LC180002010 3750 CLEVELAND AV, WEL (SOL DE JALISCO, WEL)
1 LARIMER COUNTY SHERIFF'S OFFICE39 Calls For Sevice Address Search Report
Address searched: 3748 Cleveland Av Apt# searched: Date Range: 8/1/2017 to 8/1/2018 Release Type: Public
*Public Release prints only calls dispatched by Larimer County Sherif's Ofce to the address listed above and only shows those calls releasable per Colorado Statute 24-72-204.
Dispatch Agency Ser CALL_NO Call Date TYPE Dispo PRI_UNIT REPORT_NO Apt Address\Location (common)
1 40
Administrator Report August 14, 2018
This November there are several initiatives that may appear on the November 6th ballot that could have implications for Wellington.
TRANSPORTATION
Senate Bill 18-001 was signed into law on May 31, 2018 and authorized the transfer of $495M for state and local transportation projects on July 1, 2018, with an additional $150M transfer scheduled for July 1, 2019. SB18-001 also described future funding scenarios which could be determined in the November 2018 general election. Two initiatives, #167 and #153, address future transportation funding.
Initiative #167 uses the state General Fund to pay for future transportation bonds. #167 also rescinds the 2019 18-001 payments. If passed, CDOT would bond $3.5 billion for transportation projects and the state will pay debt service of approximately $260 million per year for 20 years.
Staff Recommendation: Oppose
Initiative #153 would add a 0.62% sales tax increase state-wide over the next 20-years, to be divided between the state, local governments, and multi-modal funding.
Staff Recommendation: Support
At issue:
Initiative #153 has the clear support of CDOT because it will fund up to $6.6 billion in road projects over the next 20 years, nearly double the amount under #167. Additionally, CDOT views the 0.62% sales tax a more secure funding option than General Fund transfers, which can change based on political climate across the state. Additionally, CDOT’s $6.6 billion project list includes widening I-25 from Mulberry (CR14) to SH1 (Cleveland Ave) and interchange reconstruction.
Local governments also favor #153 because it generates more funds for local transportation projects. If #153 passes, Wellington would receive $239,259 additional sales taxes each year for the next 20-years ($6,766,174 total distribution) for transportation capital projects. These funds can be applied to local or regional transportation projects.
LAND USE
Three initiatives are being introduced by oil and gas interest in Colorado.
Initiative #108: Just Compensation for Reduction in Fair Market Value by Government Law or Regulation 41
#108 seeks to amend the State Constitution to require just compensation for any government law or regulation deemed to reduce the “fair market value” of private property. The amount of just compensation based on fair market value would be determined by a board of commissioners or by a jury, and determination of public use would become a judicial question.
CML opposes #108. Switching the just compensation determination to “fair market value” would spawn countless and expensive lawsuits over a myriad of basic local land-use decisions.
Implications to Wellington:
#108 would add significant costs to Wellington on matters relating to zoning, land use, liquor and other forms of licensing, code enforcement, affordable housing initiatives, environmental protection, urban renewal districts, home-based businesses, right-to-farm measures, and any moratoria on industrial uses and developments. In any of these examples, a property owner could claim the action diminished their property value and could take Wellington to court for “fair market compensation.”
Projects and/or initiatives that would be negatively impacted in Wellington include: • DDA creation/redevelopment plan • Trail plan ROW and easement acquisitions • Expansion of commercial and/or industrial districts • Road widening projects
Staff Recommendation: Oppose #108
Initiative #178: State and Local Control of Oil and Natural Gas Development
#178 asserts that local governments have the authority to reasonably regulate oil and gas development within their political subdivision, but then lists exceptions that would preempt local governments from any regulatory oversight of oil and gas development within their jurisdiction. The exceptions include: conflicts with state law, “fair and reasonable” restrictions on fees, and can’t restrict a mineral owner from accessing their mineral right.
Local governments already have some ability to regulate oil and gas development in their communities compared to other industries. This initiative only makes it more difficult to solve surface and mineral disputes because it tilts the scale in favor of one party over the other. Codifying this into the state constitution would preempt local governments, the COGCC, or the General Assembly from attempting to solve oil and gas issues in the state.
Sam Mamet, Executive Director at CML writes, “This initiative seeks to preempt municipal and county oil and gas development regulations in the state constitution to the detriment of citizens, local municipal control, and home rule communities. Supported and drafted by the oil and gas industry, Initiative #178 offers a classic bait and switch to confuse voters into thinking they are supporting local control of oil and gas development. In reality, voters are really being misled into 42
codifying a set of preconditions that severely limit a municipality’s ability to regulate the industry through local land use authority. It does not simply codify existing law. And, this limitation extends to state regulatory bodies, like the COGCC. This constitutional amendment would overturn many existing oil and gas regulatory controls which municipalities currently possess, as well as limit inspection fee authority. It is deceptive and disingenuous. If there was ever an anti-local control Trojan Horse, #178 is it.”
Implications to Wellington:
Wellington’s Growth Management Area includes areas north of CR 70 which includes one of the first oil fields in Northern Colorado. Oil and gas interests would preempt municipal interests as Wellington annexes new lands for both residential and commercial growth.
Staff Recommendation: Oppose #178
Initiative #97: Mitigation of Adverse Oil and Gas Impacts to Health and Safety – Buffer Zones
This initiative is a statutory proposal to create a 2,500-foot setback from occupied structures or other “vulnerable areas” for new oil and gas development. While this initiative may appear reasonable, it would impose a setback requirement that is many times greater than setbacks currently mandated for residences as well as for high occupancy buildings. According to the Colorado Oil and Gas Conservation Commission (COGCC), this initiative would eliminate new oil and gas development on 95 percent of the surface land in the state’s top five oil and gas producing counties and impose a de facto ban on the industry statewide. In addition to severely reducing severance taxes accruing to water projects and the Energy Impact Fund within DOLA, it would also preempt local governments from permitting oil and gas development through locally controlled MOUs which often address setbacks. As a statute, it likely also overrules municipal home rule powers, and this will have to be challenged in the State Supreme Court.
Implications to Wellington:
Although Larimer County is not one of the five top oil and gas producing counties, there is an oil extraction operation (3W) within our GMA. The 2,500-foot setback (1/2 mile), could limit the town’s development within the GMA.
Staff Recommendation: Oppose #97
Upcoming Schedule/Events:
August 21 Board Workshop Capital Improvement Plan review Purchasing Policy review
August 28 Board Meeting 43
Larimer County Community Report presentation Main Street presentation
August 27 – Sept 4 Ed Cannon vacation
September 10 – 14 Colorado Cities and Towns Week