HomeMy WebLinkAbout20132583.tiffJuly 31, 2013
WELD COUNTY ATTORNEY'S OFFICE
1150 O STREET
P.O. BOX 758
GREELEY, CO 80632-0758
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
Re: Proposed Platte Valley Park & Recreation District Comments From Weld County
Attorney's Office
Upon initial receipt of the Platte Valley Park & Recreation District Service Plan
(hereinafter "Service Plan"), I completed a review to ensure that Service Plan addressed the
requisite factors set forth in Title 32, C.R.S., and Chapter II, Art. XIV of the Weld County Code.
With one exception, the Service Plan addresses the requirements of both Title 32, C.R.S., and
the Weld County Code. The exception is with regards to mill levies. Weld County Code § 2-14-
20(H) restricts a district's debt service mill levy to 50 mills and the aggregate mill levy to 65
mills. Section VI(C) of the service plan exceeds 50 mills for the "portion of any Debt which is
equal to or less than 50% of the District's assessed valuation." Section VI(H) omits the model
service plan language regarding the 65 mill restriction and no language in the proposed service
plan imposes such a restriction. Don Warden addresses this issue in his referral comments, and
based upon those comments, I do not believe the exceptional mill levies are an issue of
concern. From the legal point of view, the Service Plan, in form, addresses the legal
requirements of Title 32 and the Weld County Code. My referral does not address whether the
Service Plan substantively meets the requirements of Title 32 and the Weld County Code as this
is a matter for the finder of fact to determine.
Sincerely,
Brad Yatab
Assistant We County Attorney
July 16, 2013
Weld County Referral
The Weld County Department of Planning Services has received the following item for review:
Applicant: Brent Butzin, White, Bear & Ankele Case Number: MET13-0001
Please Reply By: August 13, 2013 Planner: Michelle Martin
Project: A Service Plan for the Platte Valley Recreation District
Location: coextensive with the boundaries of the Platte Valley School District Weld RE -7
Legal Description: See Exhibit A
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does /does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency
Donald Warden, Director of Budget
Weld County Finance and Administration
Date July 16, 2013
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax
PLATTE VALLEY RECREATION DISTRICT SERVICE PLAN
COMMENTS FROM WELD COUNTY FINANCE AND ADMINISTRATION
In response to your referral concerning the Service Plans for the Platte Valley
Recreation District I have the following to offer as it relates to the financial plan of the
service plan primarily. Other subjects of the service plan, such as, services in the area,
compliance to master plan (comprehensive plan), etc I will leave for other referral
agencies with more expertise in those areas
In reviewing a service plan for a Title 32 special districts, other than metropolitan
districts, it become evident that in the county code the service plan requirements were
developed more specifically for Metropolitan Districts than other Title 32 special
districts. The code says Metropolitan Districts and all other Title 32 Special Districts.
Some of the requirements in the county code are not as appropriate or as applicable to
a Recreation District or other specialized title 32 special districts because of their very
nature. The code probably should say something like, "these requirements are for
Metropolitan Districts and where sections are applicable to other Title 32 Special
Districts".
The concerns for the maximum mill levy and debt limits are not as important for a
Recreation District. The Platte Valley Recreation District is only anticipating 3 mills for
debt and 3 mills for operations in their financial model, which seems realistic. The limits
in the county code were for metro districts and really are not applicable here because
the limits are much higher than a recreation district would use. That said the financial
plan calls for mill levies well within the limits allowed in the code, so I do not see any
problem. The duration of the debt is 30 years, which conforms to the county code.
The financial portion of the service plan is adequate. D.A. Davidson & Co., statements
of significant assumptions seem reasonable and the pro -forma financial plan prepared
seems realistic and feasible. If anything the assessed value assumptions are
conservative, but since the proposed district is 90% reliant upon the assessed value of
oil and gas production the conservative nature of the estimates are prudent.
D.A. Davidson & Co. is listed as a bond dealer/underwriter in the Spring 2013 Bond
Buyers Marketplace Red Book, so they are qualified under the county code to make the
financial presentation for the service plan and the data can be relied upon based upon
their professional credentials.
Although the District under state statute is eligible to receive 50% of the per capita
amount from the Conservation Trust Fund allocation each year, the District shall not
apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds or other
funds available from or through governmental or nonprofit entities for which the County
is eligible to apply, except pursuant to an intergovernmental agreement with the County.
As a result the County will not see any reduction in the County's Conservation Trust
Fund allocation because of the creation of the Platte Valley Recreation District.
CONCLUSION: The information presented regarding the statements of significant
assumptions seem reasonable and the pro -forma financial plan prepared seems
realistic and feasible. Therefore, from review of the service plans I would recommend
approval of the service plan based upon my conclusion that the financial matters in the
service plans appear to be in conformance with the county's district policies. The
financial portion of the service plan is adequate. The main risk financially for this district
is its heavy reliance upon oil and gas assessed valuation for property tax revenues to
service the debt and generate operating revenues. Because of this fact conservative
revenue assumptions are appropriate.
Prepared by Donald Warden, Director of Budget and Management Analysis
Platte Valley Recreation District Service Plan Comments
Memorandum
TO: Michelle Martin, W.C. Planning
DATE: August 13, 2013
FROM: Lauren Light, W.C. Department of
Public Health and Environment
CASE NO.: MET13-0001 NAME: Service Plan for the
Platte Valley Recreation District
The Weld County Environmental Health Department has reviewed the Service Plan for the
Platte Valley Recreation District. A Park and Recreation District will be formed under the
Special District Act. While Environmental Health cannot address the formation or financial
aspect of the proposed District we do support the objective of the District to provide access
to affordable and quality recreational services. The draft of the Weld County Department of
Public Health and Environment 2012 - 2015 Strategic Plan includes goals and objectives
related to improving the health of the community. For example, Goal 3 states: To lessen
adverse public health impacts of disease (through prevention).
Department -wide objective from CHIP (Community Health Improvement Plan): By 2015,
reduce risks for chronic disease and help residents maintain a healthy body weight through:
a. increased access and consumption of healthy and affordable foods in (high
need Weld) communities.
b. increased access and participation in physical activity among less active
adults and children in Weld County.
c. Mental health objective too
The Environmental Health Department encourages active lifestyles. Physical inactivity has
contributed to the obesity epidemic in America and is a risk factor in high blood pressure,
heart disease, some types of cancer, type 2 diabetes, gallbladder disease, stroke,
osteoarthritis, high cholesterol, and other chronic ailments. The proposed District will
include; gymnasiums, walking track, cardio/weight facilities, community rooms,
childcare/preschool space, senior area, locker facilities, and indoor pool, associated outdoor
facilities.
The proposed Platte Valley Recreation District will promote healthy lifestyles and may reduce
health care costs by providing opportunities for regular exercise.
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