HomeMy WebLinkAbout20181860.tiffCheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
I am OK with the changes.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Bruce Barker
Tuesday, July 31, 2018 10:36 AM
Esther Gesick
Don Warden; Cheryl Hoffman
RE: HPHCD petition
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
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Original Message
From: Esther Gesick
Sent: Tuesday, July 31, 2018 10:25 AM
To: Bruce Barker <bbarker@weldgov.com>
Cc: Don Warden <dwarden@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick
<egesick@weldgov.com>
Subject: FW: HPHCD petition
Hi Bruce,
Following up on this one to confirm you are okay with the changes described below and initialed in the attached
document. Please advise so Cheryl can finalize this document and get it distributed back to Greeley.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street I P.O. Box 758 'Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
1.
O/? k174-obel
e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited
Original Message
From Don Warden
Sent Friday, July 13, 2018 6 46 PM
To Bruce Barker <bbarker@weldgov corn>
Cc Cheryl Hoffman <choffman@weldgov com>, Esther Gesick <egesick@weldgov corn>
Subject FW HPHCD petition
This fine to me Are you okay with the changes below Becky indicated? If so, let Cheryl know it is okay
Thanks,
Donald D Warden
Director of Finance and Administration
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel 970-356-4000 Extension 4218
email dwarden@co weld co us
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited
Original Message
From Cheryl Hoffman
Sent Thursday, July 12, 2018 1 32 PM
To Don Warden <dwarden@weldgov corn>
Cc Esther Gesick <egesick@weldgov com>
Subject FW HPHCD petition
Good afternoon, Don,
I received the attached and want to make sure that you were okay with the various changes made before I finalized this
document Is this okay?
Please let me know
Cheryl Hoffman
X4227
Original Message
From Becky Safarik [mailto Becky Safarik@Greeleygov com]
2
Sent Friday, June 29, 2018 9 47 PM
To Cheryl Hoffman <choffman@weldgov corn>
Subject HPHCD petition
Hi Cheryl -
Attached is the fully executed petition which was submitted to the Court for the High Plains Housing Development
Corporation In the course of getting signatures for the petition we discovered a few clerical errors and so made a
couple of minor corrections
1 Pages 6 and 7, we deleted the Notary acknowledgements for Carl England, Ulli Limpitlaw, Justin Martinez,
Melany Archer and Robert Hinderaker and inserted a notary acknowledgement for Tom Teixeira
2 Christina Allard's Notary and Tom Teixeira's Notary are each on separate pages, pages 5 and 6
3 We updated the date of the petition from May to June 2018
4 Lastly, we substituted page 1, but the only changes were to get the correct the names and to add Lia Szasz as
Attorney (her name and email address) So, in the caption of the case and in the first paragraph, the names of Weston
Kurz, Dave Owen and Christine Allard as well as the name of High Plains Housing Development, Corp (caption only)
were all corrected
None of the changes altered the signature page for the three entities (Weld County, United Way, City of Greeley) There
are no changes in the substantive part of the Petition
Thanks again for the County's help with this matter call if questions
Becky
Rebecca L Safarik
Assistant City Manager
City of Greeley
1000 10th Street
Greeley, CO 80631
Ofc (970) 350-9785
Fax (970) 350-9800
3
RESOLUTION
RE: APPROVE SUPPORTING A PETITION TO RE-ESTABLISH THE BOARD FOR THE
HIGH PLAINS HOUSING DEVELOPMENT CORPORATION AND AUTHORIZE CHAIR
TO SIGN ANY NECESSARY DOCUMENTS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the High Plains Housing Development Corporation ("High Plains") was
formed, in 1994, as a non-profit entity to facilitate the development of workforce and affordable
housing in Greeley and throughout Weld County, and
WHEREAS, the City of Greeley, Weld County Board of County Commissioners, and
United Way of Weld County jointly participated in the establishment of the Board by each entity
appointing three (3) members to the High Plains Board of Directors, and
WHEREAS, since its establishment, High Plains successfully facilitated the construction
of affordable housing projects in the City of Greeley and Town of Dacono and continues to own
and manage those developments, and
WHEREAS, financing for housing projects was severely limited as a result of the
subsequent Recession and no new projects have subsequently been undertaken by High Plains,
and
WHEREAS, over time, High Plains board members vacated their board terms of service
and replacement members were not appointed, resulting in an insufficient number of board
members to convene a quorum of the board and to appoint new members, and
WHEREAS, re-establishing the High Plains Board of Directors is essential to carry out the
purpose of the organization, manage its assets, and to pursue the development of affordable
housing projects in the community, and
WHEREAS, Colorado Revised Statutes provides a process by which to have the Court
assist in reestablishing a board that is unable to convene a quorum or appoint a sufficient number
of member to conduct its business, and
WHEREAS, a sufficient number of individuals have been identified and have agreed to
serve as new members of the High Plains Board and a petition to the Court has been prepared
for the purpose of seating those individuals on the High Plains Board, and
WHEREAS, it is desirable to have the entities that provided the original appointees to the
High Plains Board indicate they have no objection to the petition to the Court to appoint new High
Plains Board members.
rt, vto)
Ig
2018-1860
HA0031
SUPPORTING A PETITION TO RE-ESTABLISH THE BOARD FOR THE HIGH PLAINS
HOUSING DEVELOPMENT CORPORATION
PAGE 2
N OW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado:
S ection 1. The Weld County Board of County Commissioners expresses no objection
to the petition to Weld County District Court to re-establish the Board of the High Plains
Housing Development Corporation, attached hereto as Exhibit A.
S ection 2. The Chair is authorized to sign said petition on behalf of the County as
evidence that the County has no objection to the action to re-establish the High Plains
Housing Development Corporation Board as requested.
S ection 3. This Resolution shall become effective immediately upon its passage.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Jar -Ai
Weld County Clerk to the
Deputy `s Jerk to the
Goun y orney
Date of signature:
N
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro-Tem
EXCUSED
Sean P. Conway
�ozad4,,be
Mike Freeman
2018-1860
HA0031
EXHIBIT
b
/1/40-0
District
Court
Court
Court,
Address:
Phone:
Weld
901
970-351-7300
9th
County,
Avenue,
State
Greeley,
of
Colorado
CO 80631
PETITIONERS:
Owen;
Development
Christine
Allard
Corp.,
Tony
a
Groeger;
and
Colorado
High
nonprofit
Plains
Weston
Housing
Kurz; Dave
corporation
♦ COURT
USE ONLY
•
Attorneys for Petitioners:
Case
No.:
OTIS, BEDINGFIELD
& PETERS,
LLC
Fred
Lia
1812
Greeley,
Email:
Szasz,
L.
56th
Otis,
Colorado
fotis@nocoattorneys.com
#7343
#49631
Avenue, 2nd
80634
Floor
Phone:
(970) 330-6700
Division:
Iszasz@nocoattorneys.com
VERIFIED
PETITION
PURSUANT
TO
CRS
§7-121-601
Petitioners, Tony Groeger, Weston Kurz, Dave Owen, Christine Allard and High Plains Housing
Development Corp., Colorado nonprofit corporation ("Corporation"), by and through their
attorneys, Otis, Bedingfield & Peters, LLC, by Fred L. Otis, hereby request that the Court appoint
its Board of Directors pursuant to CRS §7-121-601. As grounds therefore, Petitioners state as
follows:
1. CRS §7-121-601(1) provides in pertinent part:
"...If for any reason it is impractical or impossible for any nonprofit corporation
to call or conduct a meeting of its members, delegates, or directors, or otherwise
obtain their consent, in the manner prescribed by articles 121 to 137 of this title,
its articles of incorporation, or bylaws, then upon petition of a director, officer,
delegate, or member the district court for the county in this state in which the
street address of the nonprofit corporation's principal office is located, ...may
order that such a meeting be called or that a written consent or other form of
obtaining the vote of members, delegates, or directors be authorized, in such a
manner as the court finds fair and equitable under the circumstances."
2. The Directors and Executive Director signing this Verified Petition on behalf of the
Corporation find that it is impossible to call a meeting of its Directors, or otherwise obtain
a quorum of the Directors to hold a meeting in the manner prescribed by Articles 121 to
137 of CRS Title 7, its Articles of Incorporation and Bylaws because:
a. Article IV of the Articles of Incorporation and Article I, Section 1 of the Bylaws of
the Corporation, provide that there shall be nine (9) Directors of the Corporation.
b. Article I, Section 4 of the By la« s of the Corporation indicates in pertinent part:
'`...A majority (5 or more) of the Directors shall constitute a quorum at any Board
of Directors meeting."
c. As of March of 2012, the following were the only Directors of the Corporation:
Richard Lengel
Willard Jones
Tony Groeger,-
Weston Kurtz
Dave Ow ely,06
Christine' Allard
d. Since March of 2012, Richard Lengel and Willard Jones have died leaving only
four (4) remaining Directors (Petitioners):
Tony GroegerG
Weston [(wiz
Dave Owen" tt0
Christinilard
The above four (4) Directors are hereafter referred to as the "Remaining Directors."
e The Remaining Directors do not constitute a quorum to have a meeting to elect a
full nine (9) member Board of Directors. Arguably, the Bylaws are unclear whether
a majority is of the remaining directors if less than nine (9) (meaning 3 of 4
Directors), or if the words (5 or more) clarify the requirement that there must be 5
Directors to have a quorum. E lowever, the Remaining Directors desire there to be
clarity and no ambiguity about their election and status as Directors. Accordingly,
the Remaining Directors request the Court's assistance under CRS §7-121-601.
3. CRS §7-121-601(2) and (3) states:
"(2) The court shall, in an order issued pursuant to this section, provide for a method
of notice reasonably designed to give actual notice to all persons who would be
entitled to notice of a meeting held pursuant to articles 121 to 137 of this title. the
articles of incorporation, or bylaws and whether or not the method results in actual
notice to all such persons or conforms to the notice requirements that would
otherwise apply. In a proceeding under this section, the court may determine who
the members or directors are." (Emphasis supplied).
"(3) The order issued pursuant to this section may dispense with any requirement
relating to the holding of or voting at meetings or obtaining votes. including anN
requirement as to quorums or as to the number or percentage of votes needed for
,
approval. that would otherwise be imposed by articles 121 to 137 of this title. the
articles of incorporation. or bylaws." (Emphasis supplied).
4. Since the undersigned Remaining Directors have found that it is impractical or impossible
or have Meeting of the Directors due to a lack of a quorum. the Remaining Directors are
asking this Court to determine that the nine (9) Directors listed below be the Directors of
the Corporation, duly constituted and elected and dispensing with any other requirements
of the Articles and Bylaws of the Corporation:
(1) 1 onr Groeger
(2) Weston Kur fr
(3) Dave Ow Wet,
(4) Christina Allard
(5) Carl England
(6) Justin Martinez
,
C/H r 6-4•2 !-4i Limpitlaw
ire flan t
(8)
(9)
Archer
Robert Hinderaker
The above nine (9) individuals are hereafter known as the "Newly Appointed Directors".
5 The parties who the Court would otherwise have given notice of the proceedings pursuant
to CRS §7-121-601(2) hay e signed the Consent below. including:
a. City of Greeley
b. Weld Count`
c United Way of Weld County Incorporated
d. Each of the Newly Appointed Directors
WHEREFORE, the Petitioners requests that the Court find:
The statements in this Verified Petition are true.
B Pursuant to CRS §7-121 -601(1). that it is impractical or impossible for the Corporation to
call a meeting of its Directors because of a lack of a quorum of Directors.
C Pursuant to CRS §7-121-601(2) that all parties who would be entitled to notice of a meeting
held pursuant to CRS Title 7, Articles 121 to 137, the Articles of Incorporation and Bylaw s
of the Corporation ha` e been given or consent obtained.
D Accordingly. the Court ORDERS that the following are appointed as the Directors of the
Corporation: Tony Groeger. Weston hurxi. Dave Owens. Christina Allard. Carl England.
C_°Ii Lirnpitlaw. Justin Martinez, Melany Archer and Robert Hinderaker.
E. The Court further ORDERS that the Newly Appointed Directors appointed above are duly
constituted and elected, and any and all other requirements of the Articles of Incorporation
and Bylaws of the Corporation are satisfied for such appointments.
F. And for any further relief that the Court deems proper.
Dated this 29 day of June. 2018.
OTIS, BEDINGFIELD & PETERS, LLC
Attorneys fin Petitioners
B
y
VERIFICATION
s/ Fred L. Otis
Fred L. Otis. #7343
The following Petitioners and Remaining Directors of High Plains Development Corp. and the
Executive Director affirm and swear that each paragraph in the above Verified Petition is true
and correc
Tony eger
/a"
Weston %uri
Dave Owenytte
Christin Allard
Tom Teixeira. Executi e Director
COUNTY OF WELD )
) ss.
STATE OF COLORADO )
Subscribed, affirmed and sworn to before me in the county of Weld , State of Colorado. by Tony
Groeger this .2 / day of J'v n e .201K
SOSTENES L. SALAS
NOTARY PUBLIC
STATE OP COLORADO
NOTARY ID 19904017497
MY COMMISSION EXPIRES JAN. 17, 2019
COUNTY OF \\ LLD
STATE OF COLORADO
Now) Public
My Commission Expires: Nm,, Q¢,y /2/ 24 7
Subscribed. affirmed and S‘NOM to before me in the count` of Weld . State of Colorado. by
Weston Kur/z this; A day of �u ne 2018
SOSTENES L. SALAS
NOTARY PUBLIC
STATE OP COLORADO
NOTARY ID 19904017497
MY COMMISSION EXPIRES JAN. 17, 2019
COUNTY OF WELD )
)
STATE OF COLORADO )
SS.
ettear
Notary Public
My Commission Expires:ena exry/ £91
Subscribed. affirmed and sNkurn to before me in the county of Weld , State of Colorado. by Dave
Ohl en this 2.2 day of re .2018.
SOSTENES L. SALAS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19904017497
MY COMMISSION EXPIRES JAN. 17, 2019
4-
-
y
Notary Public
My Commission Expires: 2Ziva r //) 20/9
1
COUNTY OF WELD
) ss.
STATE OF COLORADO
Subscrikal, affirmed and sworn to before me in the county of Weld , State of Colorado. by
ChristinffAllard this / day of Jut) , 2018.
SOSTENES L. SALAS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19904017497
MY COMMISSION EXPIRES JAN. 17, 2019
ailiNMSNIMMONMISSISIONNSnaissmonessa
re< se -,4 -.).""Lan,
Notary Public
My Commission Expires: J r7vd r / '7 WI'i
COUNTY OF WELD )
ss.
STATE OF COLORADO )
Subscribed, affirmed and sworn to before me in the county of Weld , State of Colorado. by -Tin re x e t rte&
Executive Director of High Plains Housing Development. Corp.. this) / day of
.ran e , 2018.
SOSTENES L. SALAS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19904017497
MY COMMISSION EXPIRES JAN. 17, 2019
Za
Notary Public
My Commission Expires: Z var • 7 Io'Q
CONSENT
The City of Greeley, Weld County and United Way of Weld County Incorporated having read the
above Verified Petition and finding no objection to the appointment of the Newly Appointed
Directors and consent to the relief requested in this Verified Petition.
CITY OF GREELEY
WELD COUNTY
By: -
Printed Name: ye f v A77
Its: eh 6 r2 , 73Gi u- i we ld C'- avniti (lain < S s' a''i e,'Z,S
�
UNITED WAY OF WELD COUNTY INCORPORATED
By:
Printe
Its:
1,rJ SUJ � L
0
NEWLY APPOINTED DIRECTORS:
(I)
(2)
(3)
(4)
5)
Christine Allard
roege r
7/%;ei-ecoit _
Weston huc%
/7(cukil1/4-1.2
Dave Oweriferf?j
� 7
Carl England
(6) LC L L,
(7)
(8)
(9)
t t lli [ i inpitlaw
Justin
A4,/►'kNan
obe Hinderaker nderaker
CITY OF GREELEY, COLORADO
RESOLUTION 32 , 2018
A RESOLUTION SUPPORTING A PETITION TO RE-ESTABLISH THE BOARD OF
THE HIGH PLAINS HOUSING DEVELOPMENT CORPORATION
WHEREAS, the High Plains Housing Development Corporation ( High Plains") was
formed in 1994 as a non-profit entity to facilitate the development of workforce and affordable
housing in Greeley and throughout Weld County, and,
WHEREAS, the City of Greeley, Weld County Board of County Commissioners, and
United Way of Weld County jointly participated in the establishment of the Board by each entity
appointing three (3) members to the High Plains Board of Directors, and,
WHEREAS, since its establishment, High Plains successfully facilitated the construction
of affordable housing projects in the city of Greeley and town of Dacono and continues to own
and manage those developments, and,
WHEREAS, financing for housing projects was severely limited as a result of the
subsequent Recession and no new projects have subsequently been undertaken by High Plains,
and,
WHEREAS, over time, High Plains board members vacated their board terms of service
and replacement members were not appointed, resulting in an insufficient number of board
members to convene a quorum of the board and to appoint new members, and
WHEREAS, re-establishing the High Plains Board of Directors is essential to carry out
the purpose of the organization, manage its assets, and to pursue the development of affordable
housing projects in the community, and,
WHEREAS, Colorado Revised Statutes provides a process by which to have the Court
assist in reestablishing a board that ts unable to convene a quorum or appoint a sufficient number
of member to conduct its business, and
WHEREAS, a sufficient number of individuals have been identified and have agreed to
serve as new members of the High Plains Board and a petition to the Court has been prepared for
the purpose of seating those individuals on the High Plains Board, and,
WHEREAS, it is desirable to have the entities that provided the original appointees to
the High Plains Board indicate they have no objection to the petition to the Court to appoint new
High Plains Board members
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GREELEY, COLORADO:
Section 1
Section 2.
Section 3
The City of Greeley expresses no objection to the petition to Weld County
District Court to re-establish the Board of the High Plains Housing
Development Corporation, attached hereto as Exhibit A
The Mayor is authorized to sign said petition on behalf of the City as
evidence that the City has no objection to the action to re-establish the
High Plains Housing Development Corporation Board as requested
The City Council authorizes Assistant City Manager Rebecca Safarik to
approve changes to the petition as needed so long as the changes don't
affect the substance of the petition
Section 4. This Resolution shall become effective immediately upon its passage
PASSED AND ADOPTED, SIGNED, APPROVED AND IN EFFECT THIS 5th day of June,
2018.
ATTEST:
2
v
Esther Gesick
Subject:
Attachments:
FW High Plains Housing Development Corporation
Resolution re HPHDC re-estab 05 24 18 doc doc, 2018 05 23 Petition under CRS
7-121-601 pdf
From: Becky Safarik (mailto Becky Safarik@Greeleygov corn]
Sent: Thursday, May 24, 2018 11 13 AM ,
To: Bruce Barker <bbarker@weldgov corn>, Don Warden <dwarden@weldgov corn>
Subject: RE High Plains Housing Development Corporation
Gents
Thanks for your help and guidance on this I've attached the petition and the draft resolution I've prepared to authorize
the mayor to sign the petition on behalf of the City As noted, the United Way Board has already approved their
signature on the petition
Tom Teixeira has been the staff support to the HPHDC over the years and can offer perspective, the City (through our
Urban Renewal Authority) took on the task of getting the ship righted again and recruiting new/eligible board members
to serve I am available to provide background or info to the Commissioners as needed per your direction Fred Otis
researched and drafted the petition and is an available resource, too
Call if questions
Becky
Rebecca L Safarik
Assistant City Manager
City of Greeley
1000 loth Street
Greeley, CO 80631
Oft (97o) 350-9785
Fax (970) 350-9800
It's free' Subscribe now so you won't miss the next edition of City Scoop, the City's monthly E -newsletter
From. Bruce Barker <bbarker@weldgov corn>
Sent. Wednesday, May 23, 2018 3 48 PM
To. Don Warden <dwarden@weldgov corn>, Becky Safarik <Becky Safarik@Greeleygov corn>
Subject. RE High Plains Housing Development Corporation
I think this is a good idea The petition can be presented to the Board at a regular BOCC meeting for approval and
authorization of signature by the Chair Might want to have it be presented to the Board in a work session prior to the
BOCC meeting to allow for questions and answers
Bruce T Barker, Esq
Weld County Attorney
P 0 Box 758
1150 "O" Street
1
Greeley, CO 80632
(970) 356-4000, Ext 4390
Fax (970) 352-0242
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure If you have received this communication in error, please immediately notify
sender by return e-mail and diestroy the communication Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited
From: Don Warden
Sent: Wednesday, May 23, 2018 2 50 PM
To. Becky Safarik <Becky Safarik@Greeleygov com>
Cc• Bruce Barker <bbarker@weldgov com>
Subject: RE High Plains Housing Development Corporation
Can you send over the copy of the petition, and if you have the resolution you are going to use we can look them over
and get them on the Commissioners' agenda
Thanks,
Donald D Warden
Director of Finance and Administration
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel 970-356-4000 Extens►on 4218
email dwarden@co weld co us
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited
From. Becky Safarik fmailto Becky Safarik@Greeleygov corn]
Sent: Tuesday, May 22, 2018 11 25 PM
To: Don Warden <dwarden(weldgov corn>
Subject. High Plains Housing Development Corporation
2
' Hello Don,
I am writing to test your memory'
You might recall quite some time ago, during the Mike Geile term as a WC Commissioner, that the City, County and
United Way joined forces to help establish the High Plains Housing Development Corporation It is a non-profit housing
development board I was involved in forming to help us address affordable housing needs in Greeley and Weld
County The City of Greeley, Weld County, and United Way appointed the original 9 -member board The Greeley/Weld
Housing Authority provided the administrative support Together with the Greeley Urban Renewal Authority, several tax
credit affordable projects were constructed in Greeley and one development in Dacono With the Recession, such
development slowed to a halt, the part-time development manager moved on and the board became dormant Board
members moved away and even passed away and new members were not recruited or appointed by the staff/remaining
board While the Housing Authority Director had taken care of financial obligations, maintained the apartments, etc
there is currently an insufficient number of board members remaining to seat a quorum or conduct the work of the non-
profit
I've been working with the remaining HPHDC members and the Housing Authority Director to get the organization
rebooted Fred Otis, who is also our GURA Attorney, has determined that the shortest method to accomplish this is
allowed under State law with a petition to the Court to allow replacement members to be appointed by the Court at the
petitioner's request To assure the Court that the new members have the best interests of the organization in mind,
we are adding the original signatories to the Agreement (City, County, UW) to indicate their consent by co-signing the
petition to the Court At the last UW Board meeting, approval was granted to have Jeannine Truswell to sign the
petition on behalf of the UW Board and to review and consent to the final line up of new Board members We have 4 of
the original members, and have recruited three residents from the City's neighborhoods which are deemed to meet
HUD's affordability threshold (a requirement to meet an obligation for some of the historic funding received), and
another member at large who has agreed to serve We are now working on the final member and have several strong
options from the City of Evans Our goal is to find a civic -minded individual who would bring financial and community
acumen to the board
The Board is solvent, has assets, but no ability to move forward to support the development of additional affordable
housing, refinance, etc Housing Authority and now GURA staff will support the new board until we can hire a new
development director to run the organization on a more full time basis It is my hope that this organization can help
address the housing needs we know are present with our vulnerable community members and those who are routed to
the Weld's Way Home team working with the community's homeless
I've briefed the City Council and will have a resolution on their next agenda for their formal consent to advance the
petition with the names presented and to authorize the City Manager to execute the petition on their behalf with the
final list of names
We are asking the City, County and UW to co-sign the petition not because they have any authority to make those board
appointments but to allow the Court to determine that any parties of interest have been included in this reformation of
the board Supporting the petition in no way obligates the organizations to any support of the non-profit board
Can you advise as to the best way for this petition to be presented to the County for similar support? We can advance
to the Court without the Commissioners' action, but we think it would make the Court's decision that much easier
I'll send the petition over for your review and/or send to Bruce Barker if you think the County would consider supporting
this action as well as present the request personally to the Board if that would be helpful
Thanks for your guidance
Becky
3
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REBECCA SAFARIK
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Great. From the Ground Up.
Rebecca L. Safarik
Assistant City Manager
City Manager's Office
1000 10th Street
Greeley, CO 80631
(970) 350-9785
(970) 518-2262 Cell
(970) 350-9828 Fax
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