HomeMy WebLinkAbout20132587.tiffHEARING CERTIFICATION
RE: CONSIDER SERVICE PLAN FOR PLATTE VALLEY RECREATION DISTRICT
A public hearing was conducted on September 16, 2013, at 9:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Director of Budget and Management Analysis, Don Warden
The following business was transacted:
I hereby certify that pursuant to a notice duly published August 21, 2013, in Greeley
Tribune, a public hearing was conducted on September 16, 2013, to consider the proposed
Service Plan for the Platte Valley Recreation District. Mr. Yatabe stated the applicant's legal
counsel were delayed by road conditions and requested the Board postpone the start of this
hearing until 9:45. Chair Garcia declared a short recess.
(Clerk's Note: Meeting was reconvened at 9:47 a.m.)
Chair Garcia made this a matter of record. Commissioner Kirkmeyer commented, in
response to comments, that she does not own any property or have any grandchildren going to
school in the proposed district; however, her brother does own property and have school
children in the area; she met with this group approximately six months ago to advise them on
how to form a Special District.
Michelle Martin, Department of Planning Services, presented a summary of the proposal
and entered the unfavorable recommendation of the Planning Commission into the record. She
explained the area proposed is 182,897 acres, which match the boundaries of the Platte Valley
Weld County School District RE -7 (with the exception of the Sand Hill Metropolitan District).
She said the applicants wish to go forward today. Commissioner Conway expressed concern
that the flooding might prevent some residents with public comments from attending, and, in
light of the Planning Commission's unfavorable recommendation, it is important we get at much
public input as possible. Commissioner Kirkmeyer suggested continuing with the hearing today,
but leaving the final decision until next Monday to allow for additional public comment.
Ms. Martin described a proposed park and recreation facility, noting the location and
design are not yet decided. She said the community is growing, and senior citizens are also a
key component of the need for recreational activities. She said there are no current or
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governmental entities deemed practical to undertake these public improvements. She said the
Director of Budget and Management Analysis has reviewed the Service Plan. Ms. Martin noted
the Department of Planning Services and Clerk to the Board have received a number of
petitions for exclusion from the district. She reviewed the referral from the Department of Public
Health and Environment, and said the Department of Planning Services recommended
approval, but the Planning Commission recommended denial, citing there are recreation
services already available in the area.
Don Warden, Director of Budget and Management Analysis, noted the County Code is
primarily directed to metropolitan districts - so there are sections that don't apply, the application
is well within Mill Levy limits, and the duration of debt of 30 years conforms to code and seems
realistic. He said D.A. Davidson and Company did a pro forma financial plan which showed
financial feasibility, but the district is 90 percent reliant upon oil and gas revenue tied to market
conditions, the bond mill levy would go up and operations would have to be adjusted if the
market went down; which is not a major risk but it does exist. The applicants are waiving the
available 50 percent of the per capita from the conservation trust fund for the lottery dollars and
would not compete with the County for other grant funds. Mr. Warden recommended approval,
while acknowledging the aforementioned risk.
Brad Yatabe, Assistant County Attorney, referred to Exhibit L, regarding requests for
exclusion from the district, and noted it is the applicant's burden to demonstrate that is not in the
best interest of the special district; the proposed special district excludes properties over 40
acres if they are zoned Agricultural, and the properties listed in this exhibit are all less than 40
acres. There was discussion regarding whether or not the mineral interests on large parcels
were also excluded. Mr. Yatabe said that, per statute, property owners were notified via a list
from the Assessor's Office, and the notice said they would need to petition for inclusion 10 days
prior to this hearing. He confirmed there is no specified format for those requests, parcels over
40 acres would have to petition to be in the district, and the Assessor tracks park and recreation
districts, so if parcels are split up or rezoned they are automatically included. Mr. Yatabe said
surface property owner exclusions would include their mineral interests. There was additional
discussion regarding the exclusion of mineral interests. In response to Commissioner Conway,
Mr. Yatabe said the applicant's used the information available to them from the Assessor's
Office to send notifications in good faith; however, there is no efficient way to track the mineral
interests.
Mr. Warden explained that if a property is excluded only because of being over 40 acres,
the mineral rights are still included; and if a large percentage of mineral rights are excluded that
would change the viability of this project. There was an inconclusive discussion of the content
of the letter. Commissioner Kirkmeyer clarified that anyone in the District boundaries may
request exclusion, mineral rights included. eMr. Warden noted that the financial viability
would have to be reassessed if a significant portion of the mineral interests were excluded. Mr.
Yatabe said the majority of mineral interests are not tracked.
Bill Ankele, of White, Bear and Ankele, PC, introduced Brent Butzin from his office, as well
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as Dee McDaniel, a member of the organizing committee. Mr. Ankele stated if all the exclusions
were granted it would not affect the financial feasibility of the project because the financing plan
was conservatively calculated. Mr. Ankele proceeded with a detailed PowerPoint
presentation, entered into the record as Exhibit P. In response to Commissioner Conway,
Mr. Ankele said only 66 out of the 1,604 notices sent were returned to sender. Mr. Ankele spoke
in regard to the mill levy per household, operating expenses and the budgeting process.
Mr. Ankele spoke at length on the issue of the recreation district's proposed boundaries
and the importance of exercise to public health. He asserted the financial plan is viable
whatever happens with the oil and gas industry. He said the tax issue is not before the Board
today, the question is whether this should be allowed to go to the voters.
(Clerk's Note: 11:02 a.m. Commissioner Kirkmeyer left at 11:02 to attend an emergency phone
conference with FEMA)
Chair Garcia opened the floor to public comments. Rebecca Round spoke in favor of the
district, citing frequent driving to Greeley with her children is a burden to her; she said the cost
to her as a taxpayer will be around $8.00 er month, or $96 per year, but she will save many
times that in health care, gas, and time. '. Ken Tippard stated the notice he received did not
explain mineral rights, he cited the availability of other recreation centers in the area, and noted
if a ban on fracking were ever imposed, the entire financial basis for this plan will fail and
citizens will be taxed 100 percent of its cost. Mr. Tippard submitted his letter into the record.
D'Lane Joens spoke in support of the initiative, citing the advantages for youth and seniors
who find the trip to Greeley or Fort Lupton unfeasible. She said area residents would like a
place to call their own for recreation and community meetings, and said property values will rise
thanks to this. She noted not many people graduate and come back to Kersey because there
are so few amenities. In response to Commissioner Rademacher, Ms. Joens said she is a
Director of Student Achievement for the district, and the average of students receiving free or
reduced lunches is 35 percent. She said neither the Boys and Girls Club nor the United Way is
active in the community and noted other Towns can come to Kersey to play sports. She said the
school gyms are overbooked and overused. Gil Barthol stated his opposition and
complained that he did not know about this proposal until receiving the August 28th notice. He
said the letter looked like junk mail and spoke in regard to the website and the lack of
transparency regarding the public meetings. Mr. Barthol also spoke regarding taxes and mill
levies and said this is an oil and gas profit grab. Doug Meyer, County resident, said he
was speaking on behalf of the Ed Meyer family, who have asked to be excluded, both surface
and subsurface. He noted no site has been selected, referred to retired persons with fixed
incomes, and said taxing minerals is futile because of fluctuation. He complained that those
who rent can vote, yet won't be taxed, and said most rural residents won't use this facility. After
further comment, Mr. Meyer recommended the Board's disapproval of this application.
Gary Cyr, Sr., spoke in opposition, citing several issues with the financial plan and
complained that a ten-day deadline for exclusion is extreme. Kristine Bauer, a member of
the recreation district committee, said it is a challenge to reach everyone, but they have met
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monthly for over a year, they posted notices around town, passed out flyers and sent home
notifications at the schools, and also went before the Kersey Town Board three times. For
clarification to an earlier comment, she said there is no location for the facility yet. Ms. Bauer
spoke at length about why this is important to her. : Tim Brunteson said he represented
Steve and Terry Wells, who did not receive a notice but wish to exclude their 10,000 acres of
ranchland. He noted they live closer to Gill than Kersey. In response to Commissioner
Rademacher, he said the Wells were notified by friends. It was noted that anyone over 40 acres
is automatically excluded, but mineral rights are included. IN Don Loloff, County resident, said
he owns commercial, agricultural, and residential property and filed a petition for exclusion, but
he represents the people who don't know about this. He said a letter that does not state
anything about mineral rights is not notification and more people deserve a chance to opt out.
He said that many people with mineral rights don't live in the district or even the state there are
large ramifications. He also said the project is based on oil and gas revenue so if everyone has
the option to opt out their mineral rights it won't work. Belynda Duarte asked if it was too
late to opt out. There was an extensive discussion regarding the notification, deadlines, and
legal options.
(Clerk's Note: Commissioner Kirkmeyer returned to the hearing at 2:07 p.m.)
In response to Commissioner Conway, Mr. Yatabe confirmed the Court will not review the
requests for exclusion received by the Board. NPaul Sater, County resident, questioned
whether it is even a legitimate use of government to assist the recreation of a small group in the
community with a $25 million facility which costs $2 million to operate each year thereafter. He
said "if you want something in America build it yourself, and don't ask your neighbor to pay for
it". In response to Commissioner Rademacher, Mr. Sater said that the notice was unclear as to
mineral rights. For clarification, Mr. Yatabe said a request for exemption includes both surface
and subsurface assets. In response to Commissioner Rademacher, Mr. Yatabe confirmed
there is no notification for out-of-state royalty owners/severed mineral rights owners, because
the assessor does not track all mineral owners. Commissioner Kirkmeyer asserted the notice
reads "at or prior to the public hearing". Mr. Yatabe said, after having discussed the issue with
the County Attorney, he does not believe that pertains to the petition for exclusion of property
because the petitioners of the service plan have a burden of proof to meet and that ten days
allows them to have the petition ahead of time. Chair Garcia presented the issue that
Ms. Duarte came to today's meeting to be able to make an informed decision. Commissioner
Kirkmeyer instructed her to submit her parcel number to the County Attorney.
oul Glen Hansen, County resident, noted that his payment would be $67.50 per year, and said
he wanted to clarify there are approximately 4,700 people in the district and 1,400 children. He
served as the Superintendent of Schools in Kersey, and said he knows this has a lot of
supporters, but the opposition is what you generally hear the most from. DeAnna
McDaniel requested her public comments be heard at the continuance and requested that
several letters of public comment be entered into the record. George Clear, a former
middle school principle, said the school's recreation facilities are used seven days a week and
that puts a lot of pressure on the school district. He said kids have to come at 8:00 and 9:00
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p.m. in order to get space to practice and he has seen talented local students not get the
opportunity to succeed. He requested the issue to go to ballot. He said this is a quality of life
issue, versus a tax issue, and will improve the viability of Kersey.
=`' Mr. Ankele spoke at length in regard to notification and addressed the question of who
gets to vote; those excluded from the boundaries of the district do not. With respect to
stewardship, he said there will be an elected board accountable to the public. In response to
Commissioner Conway, Mr. Ankele said the reason one of the largest landowners in the area
was not notified, was because the surface property was excluded from the district.
Commissioner Rademacher said what is taxed is the production value, and that is not
associated with the surface estate. Commissioner Kirkmeyer reviewed the financials, and Mr.
Ankele confirmed exclusions have already been taken into account by the conservative nature
of their projections. - Mr. Ankele spoke regarding exclusions and opting -out. He said that
the decision should be left to the ballot, because it is an issue of equity and fairness for an
identified public need.
Commissioner Kirkmeyer noted that the burden for a recreational district is higher, so she
would be in favor of allowing those who wish to, to opt out. Commissioner Kirkmeyer expressed
that she thinks this would be a financial boon to the community in terms of property values.
Commissioner Rademacher concurred, and expressed dismay that the mineral rights were
not called out in the notification. , Commissioner Conway clarified his motion to grant the
exclusions submitted in writing, including Ms. Duarte's submittal today and extended up to a
continued hearing date. Mr. Yatabe asked if the applicant has achieved their burden of proof.
Commissioner Conway stated his belief that under the Statute, the ten-day waiver can be
extended by the Commissioners to give more people an opportunity to opt out since the hearing
is going to be continued. Commissioner Conway made a motion to allow additional time to
request exemption between now and the final hearing, including both surface and mineral rights.
Commissioner Kirkmeyer seconded, with a request to split the motion into two parts.
Commissioner Kirkmeyer noted the applicants have a burden of proof to show why
exclusions would not be in their best interest, but they made the case they don't need these
exempted properties to suceeds, and the properties represent less than two (2) percent.
Commissioner Rademacher noted that 2/3 of this area is owned in parcels of over 40 acres, and
word of mouth seems like a shaky way to communicate this between now and next week.
Commissioner Conway said, due to flooding that is taking the attention of residents of this
district at this time, the hearing should be continued. Commissioner Freeman pointed out that
taxation is on the production of minerals; however, since there is no record of that, the
applicants did what they could in terms of notification. Commissioner Kirkmeyer addressed real
property and said she is struggling with granting additional time. Commissioner Rademacher
concurred, saying he is ready to vote. Chair Garcia said that it will be hard to determine
whether this district is viable if mineral resources are excluded. Commissioner Conway and
Commissioner Freeman concurred that there will not likely be any new information as a result of
a continuance. The motion was withdrawn.
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Commissioner Kirkmeyer made a motion to continue the matter to Wednesday,
September 25, 2013 but the motion died for lack of a second. Commissioner Kirkmeyer
requested that people who were hoping to comment at a continued hearing now be allowed to
comment. DeAnna McDaniel, member of the organizing committee, spoke in support of the
district, saying there is no safe place for these kids to play and exercise. She said that of the
290 signatures, most were collected from rural residents outside the city limits of Kersey. She
referred to a community survey indicating that a swimming pool was the number one thing
community members wanted. She also said this would be a place for community meetings. She
reviewed informal notification efforts, and said in closing they just want to be able to vote on
this.
Commissioner Rademacher said he is not opposed to recreation facilities, but he has
several concerns regarding lack of transparency; a sentence should have been included on
those notices regarding the mineral interests. He said there are other ways to achieve a
recreation center and expressed concern that low-income people will be taxed but may not be
able to afford to use the facility due to fees. .� Commissioner Kirkmeyer made a motion in
favor of approving the service plan. The motion was seconded by Commissioner Freeman.
Commissioner Kirkmeyer noted that the issue of taxation will be decided by the citizens
who vote and spoke in support of this assertion. Commissioner Freeman concurred, and said if
he lived there he would like to have the right to vote on it. Commissioner Rademacher said that
he thinks there needs to be an informed constituency. There are people who don't have the
right to vote who will be taxed. Commissioner Conway thanked everyone for coming,
expressed distress over the notice's language, and said he questions whether this needs to be
a government solution. He also noted that $100 a year is a lot of money for someone on a fixed
income. He also referred to the Planning Commission's recommendation, in a 5/2 vote, that this
proposal is not ready. Chair Garcia stated there is a need for this type of facility in Kersey, and
the intentions of the Town of Kersey to expand will create a greater need; however, the public
hasn't received enough information and the identified boundaries do not appropriately match the
need, as some citizens are closer to Briggsdale or Ault than Kersey. He expressed that an
altered service plan might receive more support.
ki Mr. Yatabe noted that Commissioner Kirkmeyer was absent for a significant portion of the
meeting, and procedurally recommended that she listen to the portion of the meeting she
missed. Commissioner Kirkmeyer noted that she read through all the material but would be fine
with taking a recess. Commissioner Conway confirmed that September 25th is the deadline for
getting this matter on the ballot. Chair Garcia subsequently recessed the meeting for one hour
until 2:30.
(Clerk's Note: Due to technical issues, the audio for the remainder of this meeting is in a
separate file HE13-PlatteVallevServicePlanAudio.)
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Chair Garcia brought the hearing back to order at 2:42. Commissioner Kirkmeyer said that she
had time to listen to the record. She repeated her motion in favor of approving the service plan,
which had been seconded by Commissioner Freeman.
Commissioner Kirkmeyer mentioned that a non-profit cannot apply for DOLA grant funds. She
said the proponents made a diligent attempt to get the word out and did not have a way to
answer the questions posed here today ahead of time. She also stated that, although she is not
a big fan of special districts, citizens should have their opportunity to vote on it. Commissioner
Conway said that there are unintended consequences when not everyone involved is informed
and there are too many questions to go forward at this time. Commissioner Rademacher said
this would be taxation without representation and he is opposed. Upon a request for a roll call
vote, the motion was denied 3/2, with Commissioners Kirkmeyer and Freeman in favor. The
hearing was completed at 2:48 p.m.
This Certification was denied on the 18th day of September, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD 9N-T,Y, COLORADO
ATTEST:
Weld County Clerk to the Board
z
William F. Garcia, Chair
arbara Kirkmeyer
2013-2587
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HEARING CERTIFICATION
Audio PART II
RE: CONSIDER SERVICE PLAN FOR PLATTE VALLEY RECREATION DISTRICT
A public hearing was conducted on September 16, 2013, at 9:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Director of Budget and Management Analysis, Don Warden
Chair Garcia brought the hearing back to order at 2:42.
In the process of deliberation of a motion. Commissioner Kirkmeyer said that she has had time
to listen to the record and repeated her motion in favor of approving the service plan. She
mentioned that a non-profit cannot apply for DOLA grant funds, and she said the proponents
made a diligent attempt to get the word out and did not have way to answer the questions posed
here today ahead of time. She stated that although she is not a big fan of special districts, the
citizens should have their opportunity to vote on it. Commissioner Conway said that there are
unintended consequences when everyone is not informed and there are just too many
questions to go forward at this time. Commissioner Rademacher said he felt this would be
taxation without representation and remains opposed. Upon request for a roll call vote, the
motion was denied 3/2, with Commissioners Kirkmeyer and Freeman in favor.
The hearing was adjourned at 2:48 p.m.
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