Board Meeting 01/05/1984

• Board Meeting Date: 2/5/1984
• Description: Minutes, Agenda, Memorandums January 5,6, 1984
• Board Meetings - Doc Type: Meeting

•
• Monument Reservoir, motion by Mr. Johnston, seconded by Mr.
Kroeger, adopted unanimously by voice vote.
Fruitgrowers Reservoir, motion by Mr. Johnston, seconded by
Mr. Furneaux, adopted unanimously by voice vote.
Mr. Robbins moved, seconded by Mr. Johnston, that the listed
order of priority recommended by staff be accepted. Motion
adopted unanimously by voice vote.
Agenda Item 11 - Proposed Amendments to Construction Fund
Statutes
In his discussion of this item, Mr. McDonald recalled that
at the last Board meeting, the Attorney General ' s staff reviewed
issues concerning the nature of the construction fund program.
An AG opinion (not pertaining to the construction fund) concern-
ing the constitutionality of state loan programs was discussed,
which opinion concluded that it is not unconstitutional for the
state to loan out moneys which it has already collected. The AG
staff ' s conclusion that the Board probably only gets a security
interest in projects under the current statutory language and
case law was also discussed.
In light of this discussion, the Board indicated that it did
not need a written response to the first three questions it had
• directed to the AG by memo of July 27, 1983. Rather, the
Board asked that Mr. McDonald prepare for its consideration
potential amendments to the construction fund statutes
(37-60-119, 120, 121, and 122, CRS 1973, as amended) which would
clarify that the Board makes loans from the construction fund.
(Appendix F attached. )
Mr. McDonald and Mr. Jeff Kahn, a member of the Attorney
General ' s staff, discussed the proposed amendments at some
length, which discussion included some revisions to the proposed
amendments by Mr. Kahn. At the conclusion of the discussion,
Mr. Kroeger moved, seconded by Mr. Furneaux, that Mr. McDonald
and Mr. Kahn continue consideration of propossed amendments to
the construction fund statutes, particularly, Sections 37-60-119
and 37-60-120, and present their conclusions to the members at
the March Board meeting. Motion adopted unanimously by voice
vote.
Agenda Item 12 - Presentation on Domestic Treated Water Project
Funding
Following an introduction of this item by Deputy Director
David Walker, Jan Gerstenberger staff member with the Colorado
Municipal League addressed the Board members to stress the need
for funds for smaller communities to install, repair or upgrade
• their sewer and potable water supply systems. This problem has
been accentuated since the Board, in 1982, recommended that
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