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HomeMy WebLinkAbout760683.tiff 7 a MINUTES WELD COUNTY COUNCIL July 7, 1976 The Weld County Council met in regular session in full conformity with the Weld County Home Rule Charter at 401 N. 15th Avenue, Greeley, Colorado, on Wednesday, July 7, at the hour of 2 o'clock. ROLL CALL: The meeting began with an invocation by Mr. John Martin, President. On roll call the following members were present: President, John T. Martin Vice President, Nancy Clark Councilman Floyd Oliver Councilman Lacy Wilkinson Councilman Bob E. White Also present: Secretary, Bonnie Hickman; Sue Cross and Robert Flowers, UNC Intern Students; and six members of the press. MINUTES: Floyd Oliver made a motion, seconded by Bob White, to accept the minutes of June 16, 1976 as written. Motion carri.ed. WORK SESSION - 1:00 P.M. "Lease Equipment Report" Previous to the regular meeting, UNC Sumner Intern Students, Sue Cross and Bob Flowers,presented a "Lease Equipment Report" on the fifteen current lease-purchase agreements on automobiles for the county. Their investigation showed that none of the fifteen pending lease contracts meet the requirements of a lease-purchase. At the end of the lease period there was no transfer of title and any payments made were merely rental costs. It was also noted that resolutions relating to lease-purchase action state the business action as a lease-purchase, whereas the lease agreements state lease or purchase prices. Three suggestions were given by the students - 1) Actual value of the vehicles should be stated in the leases; 2) Mileage charge be taken into consideration when choosing a particular bid; and 3) The word "Purchases" should be changed to "expenditures". The students were commended for their fine work. As to the next area of investigation in lease-purchasing of heavy equipment, council members suggested considering mileage considerations, lease-purchasing variations, specific ownership tax, insurance, cost to buy and operate for three years versus cost to trade-in and purchase new, and salvage price at end of three years. (Lease. Equipment Report attached.) 760683 County Council Minuted Page 2 'July 7, 1976 REPORTS PURCHASING: Lacy Wilkinson reported that Bette Rhoden has been appointed as purchasing agent. Bob White questioned the necessity of numerous signatures (or initials) on county purchase orders. He felt that closer attention should be given to the purchase orders by fewer people. Discussion followed. Nancy Clark stated that she felt satisfied that if there is a better way to handle purchase order procedures that she is confident that Barton Buss and Bette. Rhoden will find a better way. ENGINEER: Nancy Clark requested inviting the engineer to cane to the next meeting of July 21. Mr. Oliver will notify the council if Mr. Smith can be present. COUNTY ATTORNEY: Mr. Martin reported that the new county attorney, Mr. Thomas 0. David has begun his work beginning the first of July. RESOLUTION: Discussion ensued on a resolution presented that morning at the commissioners' meeting which would rescind all past commitments to special legal counsel. Bob White read a section from the commissioners' minutes of December 31, 1976 in which they appointed Mr. Sam-Telep and firm as special legal counsel for 1976 to represent the county in specific legal cases. Mr. White then read Norman Carlson's resolution which would rescind the above mentioned and hasten the transition from special legal counsel to the newly employed county attorneys. Floyd Oliver very strongly urged the council to take a stand on the issue and made a motion that the council, by letter, recommend that the commissioners immediately adopt the resolution and proceed accordingly. Motion carried and seconded. OLD BUSINESS BUDGET PROCEEDINGS: Nancy Clark reported that Mr. Billings would be contacting her as to a special meeting with the council in which to discuss suggestions for the budgetary process. Nancy Clark intends to recommend they 1) develop a regular budget format, 2) set up a calendar for all budget steps for the next three months, and 3) plan a meeting where public opinion can be heard and also prepare an agenda for that meeting. Bob White mentioned that the council needs to be informed as to statutory mil levy limitations in regard to their role in budget review. He also added that the council should contact all elected officials as to any expected increases in their budgets for 1977. • , County Council Minuted Page 3 July 7, 1976 MISCELLANEOUS: Nancy Clark reported that Pitkin County is going through the • petition drawing of placing the election of the charter commission on the ballot for November. They have invited her and Mr. Robert Miller to talk to then about the legal background involved on July 20th in Aspen. The meeting was adjourned to an executive session of ten minutes. There being no further business, the meeting was adjourned by the president, Mr. John Martin. Respectfully submitted, men;A.( .- iVCiamrg,•c./ APPROVED T, Bonnie Hickman, Secretary WELD COUNTY COUNCIL LEASE EQUIPMENT REPORT July 7, 1976 The initial purpose of this report was to examine the current lease- purchase agreements for Weld County vehicles, excluding heavy machinery. During the course of the examination, we discovered that none of the fifteen pending lease contracts falling in this category meet the requirements of a lease-purchase agreement. For example, the most important criteria to be met in order for a lease to be classified as a lease-purchase agreement pertains to the transfer of the title of the vehicle. In order to qualify as a lease-purchase contract, title must transfer to the lessee at some point in time; in this case, to Weld County. Many times this transfer of title occurs with the last payment. However, at the expiration date of the leases in question, the title remains with the lessor and the county is obligated to return the vehicle to the lessor in every case. Each of the fifteen leases examined outlines these terms very clearly. The fact that the title remains with the lessor and that any payments made were merely rental charges and were not to be considered as being applied toward the purchase of the vehicle were explicitly stated in' the contract. (An example of this is item H on the lease agreements from Edwards Chevrolet Company. ) Thus, it can be seen that the payments made on the existing lease agreements are merely rental expense and the vehicles never become assets of Weld County. Once we determined that these lease contracts were not, in fact, lease-purchase agreements, we decided to direct attention to an analysis of the costs involved in these contracts. All of the agreements require monthly payments. In ten of the leases, the total amounts are broken down into equal monthly payments. Two of them, (#476 and #485), require a smaller payment the first month, and equal pay- ments of a larger amount for the remaining months. Three of the contracts call for equal payments of a given amount for the first twelve months, equal payments of a smaller amount the following twelve months, and equal monthly payments of an even smaller amount for the third year. In most of the contracts, this monthly charge is entirely rental expense. The two exceptions, (#476 and #336), break the monthly payments down into rental fee and a maintenance- repair charge. If the actual maintenance or repair costs for any month are ten percent above or below this maintenance charge, the lessor is to make additional payments or be refunded for the overpayments accordingly. Other costs involved in the agreements besides the monthly payments are security deposits, insurance expense, and mileage charges. Although there are provisions in each of the contracts for some sort of security deposit, none were required. By contrast, each of the leases entails some insurance expense, since the lessee is responsible for insurance in all of the leases. In each case, definite amounts have been set pertaining to the insurance coverage and the deductibles allowed. Though these requirements may be - Lease Equipment Report--‘, July 7, 1976 Page 2 viewed by some as restrictive, it should be kept in mind that insurance expense of some sort will, in all probability, be incurred regardless of whether the vehicle is leased or purchased. The mileage charge is the only additional expense actually specified in these lease agreements. (This additional expense only occurs in rentals, not in purchases.) Out of the ten leases requiring this additional payment, all ten had some amount of free mileage ranging from a low per year of 20,000 miles (Greeley Leasing Company) to a high per year of 28,333 miles (Edwards Chevrolet Company). The rates charged after the free mileage also varies with a low of 2¢ per mile (Edwards Chevrolet Company) to a high of 5¢ per mile (Greeley Leasing Company). One last area we examined in this report is that of bidding on the leases. Although fourteen out of the fifteen leases studied had a total cost of over $2,000, the Board of Commissioners is not required to have bids made on the lease agreements. This is due to the wording of the charter which states that "The Board of County Commissioners shall adopt bidding procedures for county purchases..." (p.55) and that "All purchases of $2,000 or more shall be by written, sealed bid... (p.55) (Emphasis added by authors of report.) Since it has been pointed out in a previous section of this report that the leases in question are not purchases, it can be seen that the Board is not obligated to practice the bidding procedure. In spite of this, we discovered that bids were accepted for all the leases which could be traced back to the minutes. One of the specifications of these bids was that they show the total cost for a given period of time, for example, one year. The specifications further stipulated that this total be broken down, into monthly payments. This enabled the Commissioners to compare the costs of the bids and choose the lowest one. In most of the bids examined, the Commissioners chose the lowest monthly payment, which also had the lowest total cost due to the specifications described. As a result of this study, we have developed three recommendations. The first one is in regards to the information presented on the lease agree- ments. We believe that the actual value of the vehicles should be stated in the lease. This would enable a comparison between the total rental expense to be paid over the life of the lease and the cost of an outright purchase. An example of this is shown by lease agreement #476 which had a total lease expense of $4,714 plus mileage compared to an actual value of $2,809 resulting in an additional cost of at least $1905. (See worksheet for analysis.) The second recommendation is that the mileage charge be taken into consideration by the Board of County Commissioners when choosing a particular bid. It is possible that the lowest bid could be higher in cost than another one due to a larger mileage charge. For example, Bid A could be $10 lower in total payment, but could have a mileage charge five cents higher than Bid B. Thus, if the vehicle was run 250 miles over the free mileage allowed, Bid A would be more expensive than Bid B. The amounts could become much more significant when there is a difference in the free mileage allowed. Lease Equipment Repo^ July 7, 1976 Page 3 The final recommendation pertains to the wording of the charter. Although the Commissioners are accepting bids for the lease agreements, it appears this is not required by the charter, as was previously explained in this report. We believe that the word "purchases" should be changed to "expenditures". This would guarantee that the present procedure of bidding will be followed in the future. The primary conclusion we drew from our research was that`the::current lease agreements are not lease-purchases but merely a tempory rental of the vehicle. We hope this report has made that distinction clear as well as the fact that the county is not acquiring the vehicles through these leases. It is our belief that the Commissioners are doing an adequate job in the bidding procedure and it appears that (except with the possibility of mileage affecting total cost) they are flaking the right decisions with these lease agreements. Report prepared by _-; 2n ///rc and /1/0 f„/` J/i7-e“ ;` Susan Cross Robert Flowers Lease Equipment Report/", Page 4 • • ' July 7, 1976 DEALER AVAILABILITY ADDITIONAL NOTES ABC Truck Company no Trucks only Bender Auto Sales yes 2 or 3 year leases Weld County Garage yes Neiters-Ted Motors Co. yes Stevens Chevrolet no Purifoy Chevrolet no Kennedy Chevrolet no Edwards Chevrolet yes DeBrown Chrysler-Plymouth yes full program Hitt-Graham Dodge yes full program Garnsey & Wheeler yes • CP• • • • 6. •'• •,. �ii� w�ww' --� �lii� ♦.. u �Sy»fi • t: ' Y jam.. .�.r.._ - ..... ,� • + . -fit- ."- . 4 '17." --''',•---•:-' 7-I—: . _ ._. ; =: ; • • v_ .- • r`. f, ca C,--- }--= , ! • - • • •:.,,•„•• ww� >twww • - . : _ -�- t_w .... . Y. 1 J i. i -7 j' F !_ . -!91Yr aw�wi A "' {{ , .--Ti ' _• 0.4 ii,,,,.. .., .. •. --. —Or"' 7— --! --0--7. ;Fr "•-• ..4 —".-77' -..";.7r.- • - :— • ••Da'ct� sac; at .D .% a ) ; ; � — i• • I C 1r `—� ry I ,:'' ,s' 'r'•' rn pr i :,r•' I 9 • .., I , L I . f---- � � ��• by ...! 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