HomeMy WebLinkAbout20090623.tiffRECORD OF EMERGENCY MEETING
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 10, 2009
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, March 10, 2009, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner William H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Assistant County Attorney, Cyndy Giauque
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
OLD BUSINESS:
CONSIDER NINE PETITIONS AND ANNEXATION AGREEMENT FOR CRS 4, 6, AND 27 AND
AUTHORIZE CHAIR TO SIGN - CITY OF BRIGHTON (CON'T FROM 3/9/09): Margaret Brubaker, City
Attorney for Brighton, expressed her appreciation for the Board's willingness to expedite the matter.
Ms. Brubaker stated the City of Brighton met with the City Manager and the City Attorney for Fort Lupton,
at which time the City of Fort Lupton suggested revisions to the intergovernmental agreement drafted by
the City of Brighton, and the agreement has since been finalized, pending approval from the City Councils.
She stated the Brighton City Council will be considering the intergovernmental agreement this evening,
and the Fort Lupton City Council will consider it tomorrow evening; and she submitted a copy of the
proposed intergovernmental agreement into the record. She stated the City of Brighton met with the Fire
Districts yesterday to discuss their interests and both the City of Fort Lupton and the City of Brighton
acknowledged it is appropriate for the Fire Districts to enter into a separate agreement to address provision
of service and revenue sharing.
Mike Konefal, City of Fort Lupton Administrator, stated staff from both Cities, the City Councils, and the
Fire Districts all conducted meetings yesterday. Mr. Konefal stated the two City Councils met all afternoon
yesterday, and last night a joint Fort Lupton City Council/Board of Weld County Commissioners meeting
was held, at which time the Council reviewed the intergovernmental agreement and a spirited discussion
took place. He stated the City Council is anticipated to approve the intergovernmental agreement next
week, as long as it remains as it was presented by staff to the Council last night and no major revisions
have taken place. He requested the Board approve the annexations, conditional on the Cities of Fort
Lupton and Brighton approving the intergovernmental agreement. In response to Chair Garcia,
Mr. Konefal stated the intergovernmental agreement discussed last night is the exact agreement submitted
to the Board today. Chair Garcia explained the reason the Board met with the Fort Lupton City Council
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last night was because they were previously scheduled regarding another matter and both groups took
advantage of the opportunity. In response to Commissioner Conway, Mr. Konefal reiterated he is
requesting approval of the road annexations, contingent on the intergovernmental agreement between the
Cities of Fort Lupton and Brighton being approved.
Manuel Esquibel, Brighton City Manager, stated he had the opportunity to speak with each City Council
member and each one is comfortable with approving the intergovernmental agreement, and it will be voted
on tonight. In response to Commissioner Conway, Mr. Esquibel stated he anticipates there will be no
changes to the agreement.
John Dent, Attorney for the Fort Lupton Fire District, stated staff is prepared to recommend to the Fire
Board that the objections registered yesterday regarding the petitions for roadway annexation be
withdrawn, based on the discussions to take place regarding revenue sharing; and he anticipates the Fire
Board will approve the recommendation. Mr. Dent stated the Fire Districts are not parties to the proposed
intergovernmental agreement; however, Brighton Fire District has agreed to participate in discussions
regarding revenue sharing.
Phil Tiffany, Chief of the Fort Lupton Fire District, stated he is available for questions.
In response to Commissioner Kirkmeyer, Mr. Dent stated there have only been discussions between the
Fire Districts, and there is no agreement on the table yet. Mr. Dent stated he believes the Brighton Fire
District will honor conducting negotiations; however, he is aware an agreement may not come out of the
discussions. Commissioner Kirkmeyer stated she is concerned about the people served by the Fort Lupton
Fire District, it is important to ensure the longevity of the Fire District, and any deterioration in the property
tax revenue for the Fire District concerns her. Mr. Dent stated he is concerned also; however, the
agreement provides a permanent boundary division line between the two communities and possibly
between the two Fire Districts. He thanked the Board for its involvement concerning the annexations, and
stated he feels the Board has been instrumental in getting the matter resolved. Mr. Tiffany stated he
supports Mr. Dent's statements and he feels good about the relationship with the Brighton Fire District and
future negotiations. He stated he is confident the Fire Districts will be able to work out their differences,
and he thanked the Brighton Fire District, the Cities of Fort Lupton and Brighton, and the Board.
Michelle Ferguson, Attorney for the Brighton Fire District, thanked the Board for conducting a special
meeting this morning, and she stated the Brighton Fire District has been in the same position the Fort
Lupton Fire District is in, in which it has had its district boundaries chipped away at. Ms. Ferguson stated
typically the Brighton Fire District is negotiating these matters from the Fort Lupton Fire District's position;
therefore, they understand what the Fort Lupton Fire District is going through.
Chris Kringle, Fire Marshall and Division Chief for the Brighton Fire District, stated the relationship between
the Brighton and Fort Lupton Fire Districts is the best it has ever been in the history of the two
organizations and the Districts recognize the communities they are serving are melding into one large
community; therefore, it is in both Districts best interests to work together. Mr. Kringle stated both Districts
are engaged in a joint Fire Academy and there are Automatic Aid agreements in place between the two
Districts. He stated the Brighton Fire District is empathetic to the concerns and issues the Fort Lupton Fire
District has, since it knows what it is like to lose territory; the Brighton Fire District has diminished from 250
square miles to 165 square miles. He further stated he does not wish to disrupt or deter from the
relationship the Fire Districts have strived long and hard to create.
Commissioner Kirkmeyer stated the relationship between the two Fire Districts is wonderful; however, the
issue of a fire district's territory being decreased due to municipal annexations after the districts are formed
needs to be addressed, possibly in Statute. She stated it is unfair for people who were in the Fort Lupton
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Fire District and who did not vote for the higher mill levies in the Brighton Fire District to now be subject
to the higher levies. Commissioner Conway thanked the Brighton Fire District for its willingness to work
with the Fort Lupton Fire District. He stated there was a lot of discussion about good government
yesterday, and he feels this matter is turning out to be an example of good government.
Mark Bushenfelt, Colorado Office of Economic Development and International Trade, within the Governor's
Office, and Project Manager for the Vestas development throughout Colorado, thanked the Board for its
expedited review of the matter. Mr. Bushenfelt stated it has been a complicated project from the beginning
and it has been a collaborative effort to attract and keep Vestas's interest. He stated every obstacle has
been overcome by all of the involved parties working collaboratively. He stated he appreciates the
principles being considered in these discussions, there is strong support from the Governor's Office and
the State of Colorado, and he hopes the annexations will be approved today.
Chair Garcia stated the Vestas Project will bring a number of other supportive businesses into Weld
County with its presence, and the intergovernmental agreement will encourage additional growth in the
area. He stated the intergovernmental agreement will help to resolve problems before they become larger
issues which may damage development. Mr. Bushenfelt stated his office is working closely with a number
of Vestas suppliers and he views Vestas presence in the area as beneficial for everyone. He stated his
office is considering additional locations in the City of Fort Lupton and other areas to allow the corridor to
develop and benefit more people.
Mr. Esquibel stated this has been a cooperative venture and he thanked the Board for its patience and
expedition of the matter. He reiterated he believes the Cities of Fort Lupton and Brighton would have
entered into an intergovernmental agreement with, or without, the intervention of the Board due to the
importance of the project. He stated potentially 2,000 employees will be hired as a result of the Vestas
Project.
Commissioner Kirkmeyer thanked everyone for their participation, and stated this experience has been an
exercise in good government. She stated everyone supports Vestas; however, the process was about
being consistent and fair with the municipalities and throughout the County, and considering the best
interests of the constituents; and it was a necessary process.
Commissioner Conway thanked all who were involved in the process. He stated the intergovernmental
agreement between the Cities of Fort Lupton and Brighton has been a work in progress since 1993;
therefore, everyone is pleased to see the agreement come to fruition. He thanked the Fire Chiefs for their
involvement and the Fort Lupton City Council for meeting late last night.
Commissioner Long stated there have been a number of times the Board has had to consider similar
matters, in which municipalities had competing interests, and every time the Board has been confronted
with this type of matter, it has strived to carefully consider all who were involved and to take the necessary
time to reach a satisfactory decision.
Commissioner Rademacher thanked everyone involved. He stated the process should have begun over
a month ago; however, he is pleased it the matter has been resolved.
Chair Garcia stated he believes the Citizens of Brighton, Fort Lupton, and Weld County can be pleased
with the results of the process and that the system takes into account and respects minority rights.
Commissioner Kirkmeyer moved to approve said petitions and annexation agreement and authorize the
Chair to sign. Commissioner Conway seconded the motion. Commissioner Rademacher suggested the
motion state the approval is contingent on the intergovernmental agreement being signed by the Cities of
Brighton and Fort Lupton. Commissioner Kirkmeyer amended her motion to include it is contingent upon
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the intergovernmental agreement being signed by the Cities of Fort Lupton and Brighton. In response to
Chair Garcia, Cyndy Giauque, Assistant County Attorney, stated it may be appropriate to add a time limit
for the signatures to be obtained within, and it is anticipated both parties will sign within one week.
Commissioner Kirkmeyer stated the Chair is authorized to sign the petitions for annexation and the
annexation agreement after the Cities of Fort Lupton and Brighton have signed the intergovernmental
agreement. Ms. Giauque concurred; however, she encouraged a timeframe requirement. Commissioner
Conway stated if the intergovernmental agreement is signed at the City Council meetings, the petitions and
annexation agreement may be signed by the Chair as early as Thursday. Ms. Brubaker stated the City
of Brighton does not have the authority to sign the second reading of the Ordinances, before receiving the
petitions. In response to Commissioner Kirkmeyer, Ms. Brubaker stated she would not feel comfortable
authorizing the Brighton City Council to approve the Ordinances without the signed petitions.
Commissioner Conway stated the approval today is contingent upon the intergovernmental agreement
being signed. Ms. Brubaker stated she will work out the situation with the Ordinances. Commissioner
Rademacher stated the City of Brighton has the ability to call a special meeting to consider the matter.
Commissioner Long stated the motion is not contingent on the Ordinances being signed; only the
intergovernmental agreement. In response to Ms. Brubaker, Chair Garcia stated he prefers the
intergovernmental agreements be faxed by each City. Commissioner Kirkmeyer suggested the City of
Brighton approve the second reading of their Ordinances, contingent on the petitions and annexation
agreement being signed by the Board to overcome its dilemma. There being no further discussion, the
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:51 a.m.
ATTEST:
Weld County Clerk to the
Deputy Clerk k6 the Board
BOARD OF C Y COMMISSIONERS
WELD\ TY OLORADO
William F. Garcia, Chair
ougla Radema her, Pro-Tem
Sea P. Conway /
Brl�aza Kirkmeyer) �
DavicfE. Long
1 _
Minutes, March 10, 2009 2009-0623
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