Section 6: Frequently Asked Questions
What are Board Members expected to do?
See Section 2 .
How often are we required to meet?
Your bylaws provide meeting requirements. Typically, Boards meet every quarter. The County asks each Advisory Board to hold at least one annual meeting with all the property owners in the District.
Does County Staff attend PID Advisory Board or annual meetings?
Not usually, however this may be requested if the Road Board would like support.
What is the open meeting law and how does to apply to us?
See Section 4.
How do we get improvements made in our District?
See Section 4.
What if an improvement we want isn’t listed on the maintenance plan?
Contact the County Business Operations Manager who will schedule a meeting with the County Construction Manager.
What if an improvement we want isn’t in our budget?
The County’s Business Operations Manager can assist you in completing a budget adjustment.
What if we want to change the maintenance plan?
Changes in the maintenance plan can be made. Contact the County Business Operations Manager who will schedule a meeting with the County Construction Manager to review and discuss the changes.
Can we change the mill levy?
Yes. The mill levy can be changed, provided that it does not exceed the cap set at the time of formation of the District. Each year in late summer, the County Business Operations Manager from the Larimer County Engineering Department asks that all Advisory Board members supply the mill levy recommendations for the following year.
How do we change Board Members?
Section II of this handbook provides an overview, and Article III of the bylaws details specifics regarding Board Member appointments, terms, and changes. The Board of County Commissioners appoints all the Advisory Board Members.
What if we’re not happy with a contractor?
The County has the right to hire only contractors that it considers to be reliable and reputable. Advisory Boards should keep detailed records of a contractor’s performance, including timeliness, and adherence to specifications. If a contractor’s past performance is not acceptable, we do not have to hire them.
What about Access and/or construction permits in a PID?
See Section 4 .
What about other problems, snow removal, and/or emergency work?
Yearly snow removal contracts are administered the same way as any other work (see Section 4). Emergency work can be dealt with verbally on a case-by-case basis by communicating with the County’s Business Operations Manager.
How do we track our PID’s budget?
An expense report is posted monthly to the Improvement Districts More Information Site. The expense report itemizes all expenditures and tracks the budget balance for each District.
Who determines how repairs / maintenance are planned and executed?
County staff works collaboratively with the PID Advisory Board to plan and implement activities. Officially, the Board of County Commissioners is the governing body for PIDs and thus has final authority over PIDs, including improvements and use of funds.
What exactly is considered to be a ‘public facility’?
A facility is public if it is owned by the public and free and available for use by anyone, or if it is dedicated to the public.
How do roadways become “Dedicated for Public Use”?
Roadways become eligible to be dedicated for public use by virtue of a deed of dedication or a subdivision plat signed by the owners of the property which contains a statement dedicating it to be used by the public. To be official, the dedication must then be formally accepted by the Board of County Commissioners.
Can roads be considered public by “tradition” or public use over a long period of time?
Roadways can become considered to be public by virtue of their being used by the public over a long period of time. In Colorado, a road which has been openly and notoriously used by the public for 20 years or more can be considered to be public by a process called adverse public possession. This process is less exact than the dedication process described above, since there is no precise description of the area, which is public, and whether the use of the roadway has been truly public for the requisite period may be open to dispute.
Who controls public rights of way?
In unincorporated areas, the County has authority over the use of the public right of way for transportation purposes, although it does not own the right of way in the legal sense. This authority allows the County to control the right of way so that it remains available and useable for transportation purposes. The County exercises this authority by requiring permits for occupation and encroachments within the public right of way.
How does a PID work?
See Section 1.
What should an Advisory Board base its decisions on?
In your role as an Advisory Board member, you are asked to represent the interests of the entire district. This means that decisions should be based upon what is best for the ‘public interest’ while still respecting individual interests within the district.
The definition of ‘public interest’ is not precise but considering the following questions may help determine the extent to which an action is in the public interest.
- To what extent, if any, does the matter involve property owned or controlled by the public?
- How many people are or would be affected?
- Is it a matter that only the government can effectively address?
- Does it involve issues or conditions within the public right of way?
Do we need to be concerned about liability?
Advisory Board members may be considered to be “authorized volunteers” for the County, and as such, they are covered by the Governmental Immunity Act (GIA). Under the GIA, there is little liability as long as Advisory Board members follow the law and policies of the County.
