By Rudy Hemmann

The Surveyor

At a town board meeting held Tuesday, Nov. 27, 2018, the trustees took action on the following agenda items:

Maximum fines and penalties, first reading

Weld County Planning Agreement

Implementation of new one percent sales tax

Review of 2019 budget and fee schedule

Regarding maximum fines and penalties – In his opening remarks on this item Town Clerk Christian Samora reminded the trustees that on March 13, 2018, the board passed an ordinance making the Berthoud Municipal Court a “Court of Record.” Approval of the ordinance would authorize town staff to raise the amounts which could be levied in fines/penalties by the court.

Various sections of the municipal code would be amended to bring the fines and penalties into compliance with Colorado Revised Statutes.

The ordinance as presented by town staff reads as follows:

An ordinance to amend Berthoud’s municipal code to conform to statuary penalty standards set forth in Colorado Revised Statutes … for violations of the Berthoud Municipal Code.

Without comment the trustees directed town staff to prepare the ordinance for second reading at the next regularly-scheduled meeting of the board on Dec. 11, 2018.

Curt Freese, community development director for the town, brought the negotiated Coordinated Planning Agreement between Berthoud and Weld County before the board. Freese indicated the agreement he was presenting was about as far as Weld County would go with any kind of agreement with the town. He also indicated the Weld County Commissioners were taking a firm stand on that.

Basically, the agreement set standards for lighting (Dark Skies) and agreed to some development guidelines for a three-mile radius around town. He noted the agreement with Weld County was not nearly as extensive as the town’s planning agreement with Larimer County.

Freese stated the agreement that was developed was a step in the right direction and he supported adopting it, which the trustees did by unanimous vote.

On Nov. 6, 2018, the voters of Berthoud approved Measure 3I, establishing a new sales tax

to fund recreation-related capital improvements. According to the ballot language of 3I, the one-percent sales tax increase will be effective Jan. 1, 2019.

To formalize this new tax an ordinance needs to be approved by the board. For it to be

effective Jan. 1, 2019, the ordinance needs to be adopted at least 30 days prior to the

effective date. While town staff would typically recommend two readings of a proposed

ordinance, we believe recommending approval of this ordinance is appropriate at the first

reading, as it is merely a necessary step to carry out the will of the voters.

Staff recommendation was to approve an ordinance which shall impose a one-percent sales tax, the proceeds of which shall be deposited into a separate parks and recreation fund and the use of the fund proceeds restricted to use solely for parks and recreation purposes pursuant to voter approval of such taxes at the Nov. 6, 2018, general election.

A motion to approve the ordinance was made, seconded and passed on a six to one vote with Trustee Pete Tomassi casting the lone “No” vote.

There had been no suggestions from trustees for changes to the proposed 2019 budget. Budgetary discussions at the meeting centered on funding questions for flashing pedestrian crosswalk signage, bike trails connecting Berthoud Parkway with other trails, and a three-year plan to complete sidewalk maintenance in town. Town Administrator Chris Kirk stated he would have numbers for the requested projects pulled together for presentation to the board by the Dec. 11 meeting to approve the budget.