Park County Land and Water Trust Fund: How its Used and Why it's Needed

It is time to take a trip in the way back machine to 1997. In October of 1997 the Board of County Commissioners (BOCC) put forth ballot language for the November election to protect and preserve the water resources in Park County. This ballot measure consisted of a 1% county-wide sales tax on the sale of several items. This ballot measure passed and so did the renewal of these measures in 2006 and 2018. In 2018 a separate measure was added to the ballot to include the purchase of areas of outdoor recreation. These funds have been used for protecting water resources, defending the County in litigation, and providing many cities in Park County some much needed funds to protect wetlands, create recreation areas and provide preservation of many acres of water and resources.

1997 ballot question.pdf

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2006 ballot question.pdf

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18-10 One percent sales tax ballot question.pdf

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Through these passed ballot measures the formation of the Land and Water Trust Fund Board (LWTFB) was created. This board was created to protect the funds collected on behalf of the taxpayers of Park County, to be used in the best interest of the citizens of Park County. The LWTFB is comprised of seven representatives for varying terms as established in the 1997 resolution/ballot language. The board is tasked with reviewing a multitude of applications every year, using the purpose of the fund as their guide and utilizing their individual areas of expertise and interest in approving the projects submitted to them.

Some projects that have been reviewed in the last few years are the purchase of vacant land to add parking to the county fairgrounds, multiple installations of bathrooms and fire rings on US Forest land located in Park County and improvements to parks and historical areas. It is the job of the LWTFB to determine if the project meets the purpose of the approved uses of these funds and to recommend the expenditure of funds accordingly. By resolution, the distribution of funds can only be expended by the BOCC AFTER obtaining a recommendation from the LWTFB. Many LWTFB recommendations are not followed by the BOCC however, agreement of the two boards is not required for expenditure.

-Who can use these funds? Park County cities, entities, individuals, US Government wildlife/forestry agencies and the County themselves have applied for funds through the LWTFB.

-How are these funds accessed? To acquire the funds the process starts with an application to the LWTFB. EVERYONE is required to provide an application to access the funds including inter-county departments. This from the County Manager Tom Eisenman: "....as you may know the Sales Tax Fund is its own Fund (19). Specific to revenues collected go to that fund & expenditures specific to spending associated with the current approved ballot questions, approved by the voters.....no transfers of any revenues can be make (sic) from that fund to any other fund. I can’t recall any LWTF’s being used without first applying to the LWTFB"

After the application is received the LWTFB will review the packet for completeness and compliance with the purpose of the fund. Other items that might be included with an application would be documentations of support from the community such as petitions and letters/emails from supporters.

Application Form-20200105rev01_202001060805267842.pdf

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-What other things can the LWTFB consider? The LWTFB can waive a deadline for emergencies, and they can decline the application for incompleteness and illegibility.

To be clear all applications can be considered for funding if the application meets the set criteria. However, if there is no application, no funding can be issued.

-When do they meet? Meetings are held on even numbered months (Feb, April, June, Aug, Oct, and Dec) on the 2nd Wed of that month at 1:00 pm. Meetings will be held in-person and by Zoom. Please be sure to refer to each agenda for the in-person meeting location. (This is found on the Park County website https://parkco.us/623/Land-Water-Trust-Fund) If you attend a meeting plan on spending the afternoon. Their meetings are long, they include multiple presentations and updates on projects. These meetings also include general business of the board such as a review of finances. This board is hard working and open to public comment/participation and willing to answer any questions put forth by the public.

In the recent past, efforts were made to bypass the LWTFB on some funding. A resolution was put forth on April 25, 2019, by the BOCC Chairman to allow expenditures by the BOCC without the recommendation from the LWTFB, the LWTFB was unanimously opposed to this resolution.

Resolution.pdf

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The resolution was approved unanimously by the BOCC and scheduled for the consent agenda May 2, 2019 https://parkco.us/AgendaCenter/ViewFile/Minutes/_04252019-937. YET, May 2, 2019 after comments from the County manager, Commissioner Brazell moved to continue this to a later date and the continuation was approve unanimously https://parkco.us/AgendaCenter/ViewFile/Minutes/_05022019-939 . This agenda item has never been picked up again.

-Why do we need the LWTFB? This board has been put in place to protect the funds the citizens of Park County authorized to be collected in our name to protect our water/land resources. One attempt has already been made by the BOCC to take control of this fund. When will they try again? Take a minute to review their website , ask the county to maintain their page properly, support this board by participating in their meetings. Lastly, ask questions directly to the LWTFB or to the County manager , you might learn something new.