HomeMy WebLinkAbout20121742.tiff WELD COUNTY FEDERAL MINERAL LEASE DISTRICT
April 9, 2012
Members present:
David Long, President
Travis DePorter
Present by phone conference:
Bruce White
Donald Warden, Weld County Budget Director
Also Present:
Bruce Barker, Weld County Attorney
CALL TO ORDER:
Dave Long, President, called the meeting to order at 3:00 p.m.
APPROVE MINUTES OF JANUARY 9, 2012:
By motion duly made and seconded, the minutes of January 9, 2012, were approved
unanimously.
REVIEW STATUS OF WELD COUNTY FOR ROAD PROJECTS:
Janet Carter, Department of Public Works, presented an updated list of the projects and
stated the first three (Weld County Roads 50, 20 and 129) are in progress. Estimated costs for
the three projects are $61,031, $33,376 and $92,012, for a total of $186,419. She stated the
chip seal should be completed in August.
REVIEW STATUS OF WELD COUNTY FOR WATER TESTING PROGRAM:
Cheryl Darnell, Department of Public Health and Environment, stated the Weld County
bid process was followed, with the second lowest bid being accepted. Delivery is scheduled for
the end of April, with installation in mid-May. Ms. Darnell stated staff is currently writing
procedures and policy to be followed and inspection on the equipment should occur in June.
OTHER BUSINESS:
Donald Warden, Weld County Budget Director, stated on April 6, 2012, Governor
Hickenloper signed Senate Bill 12-31 which has changed some of the administrative,formation,
and other issues regarding Federal Mineral Lease (FML) Districts, which will strengthen
Colorado's argument that these districts have autonomy from the Board of County
Commissioners and the State. He stated the changes are as follows: inclusion of definitions of
"distribute" and "Federal Act"; ability for a District to include municipal areas instead of default
of unincorporated portions of the county; method for a FML District to dissolve itself by action
of the board after a hearing; expressed powers, including prohibition on the levying taxes and
the power of eminent domain; ability to make the board of the FML District elected instead of
appointed; County Commissioner requirement to be one member of the board now permissive
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instead of required; District board members serve 3 year terms; ability of Board of County
Commissioners to remove a district board member for cause after a hearing; and ability of a
district to carry funding over from one year to the next. Mr. Warden stated there is also a
requirement for the eight counties that have already created a FML District to appoint current
directors to staggered terms by resolution, with the first ending January 15, 2O13, and the
others the same date each year for the following two years. Those districts may be dissolved by
action of the Board of County Commissioners prior to July 5,2012.
Mr. Warden stated his recommendation is to leave the Weld FML District intact to
maximize PILT revenue as follows: Include only the unincorporated parts of the County;board
members to remain appointed;require a County Commissioner to remain on the FML District
Board;approve Resolution by July 5,2012,appointing the three Board members to staggering
terms with Dave Long's term expiring January 15,2013,Travis DePorter's term expiring January
15,2014,and Bruce White's term expiring January 15,2015;and have Bruce Barker make the
necessary by-law changes for the FML District Board to adopt to conform to the SB12-031
changes.
The Board asked Mr.Warden to proceed as recommended.
NEXT MEETING DATE:
The next meeting date is July 9,2012,at 3:00 p.m. Commissioner Long requested the
alternate member always be invited to the meetings to ensure he is up to date on any actions.
ADJOURN:
President Long adjourned the meeting at 3:25 p.m.
The above and foregoing minutes were presented for approval on the 9th day of July,
2012. C�
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David E.Long,Preside
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