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Home My WebLink About20171206.tiffRESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR SERVICE PLAN, MET16-0001 - PROSPECT VALLEY RESOURCES WATER METROPOLITAN DISTRICT 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, pursuant to Section 32-1-204, C.R.S., a Service Plan concerning the Prospect Valley Resources Water Metropolitan District was filed with the Weld County Board of County Commissioners on February 27, 2017, and WHEREAS, on March 6, 2017, by Resolution #2017-0678, the Board of County Commissioners scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on Wednesday, June 21, 2017, and WHEREAS, notice of the name, type of proposed district, date, time, location, and purpose of said hearing was duly provided to the Division of Local Affairs, and WHEREAS, as required by Section 32-1-204(2), C.R.S., the matter was referred to the Weld County Planning Commission and was scheduled for consideration at its meeting on May 16, 2017, to make a recommendation to the Board of Commissioners concerning MET16-0001, and WHEREAS, the Board has received an email from the applicant, dated April 24, 2017, requesting withdrawal of the application while they work to resolve the Water Replacement element of the Service Plan, which is currently under review and awaiting a determination by the Colorado Supreme Court. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, after consideration of all testimony and other evidence presented to the Board in this matter, that the request to withdraw the application for a Service Plan concerning the Prospect Valley Resources Water Metropolitan District be, and hereby is, accepted. Oct PLCcntY-, FIG ow), ca. C&J) -7 2017-1206 SD0140 ACCEPT REQUEST TO WITHDRAW SERVICE PLAN - PROSPECT VALLEY RESOURCES WATER METROPOLITAN DISTRICT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of May, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d .K:I, Weld County Clerk to the Board APP ounty Attorney Date of signature: `011.1 / (, i iee A. du Cozad, Cair EXCUSED Steve Moreno, Pro -Tern Sean P. Conway arbara Kirkmeyer C ' c) 2017-1206 SD0140 Esther Gesick From: Sent: To: Subject: Michelle Martin Monday, April 24, 2017 12:55 PM Esther Gesick; Kristine Ranslem; Tisa Juanicorena; Bob Choate FW: Withdraw of application MET16-0001 The applicant is withdrawing case number MET16-0001. Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 400-3571 FAX: (970) 304-6498 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: Jack E. Reutzel [mailto:jreutzel@fwlaw.com] Sent: Monday, April 24, 2017 11:51 AM To: Michelle Martin <mmartin@co.weld.co.us> Cc: Mark Sullivan<msullivan@renewstrategiesllc.com>; 'Paull Nation'<PNation@renewstrategiesllc.com> Subject: Withdraw of application MET16-0001 Michelle- On behalf of my client, please consider this communication as a withdrawal of Case No. MET16- 0001, the Prospect Valley Resources Water Metropolitan District. We will be back in touch with you once the matter of the Water Replacement element of the District Service Plan has been resolved. Thank you for your time and courtesy to date. Kind Regards, Jack E. Reutzel Director Fairfield and Woods, P.C. 1801 California Street, Suite 2600 Denver, Colorado 80202-2645 Direct Dial: (303) 894-4410 ( 2017-1206 1 SOO(ci0 Fax: (303) 830-1033 E -Mail: jreutzel@fwlaw.com Web: http://www.fwlaw.com I1 �W00 SD Member of MERITAS Law Firms Worldwide CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files, or previous e-mail messages attached to it, may contain confidential information, some or all of which may be legally privileged. If you are not the intended recipient or a person responsible for delivering it to the intended recipient, please be advised that any disclosure, copying, distribution, or use of any of the information contained in or attached to this e-mail transmission is prohibited. If you have received this e-mail transmission in error, please immediately notify us by reply e-mail or via telephone or facsimile, and destroy the original e-mail transmission and its attachments. Thank you in advance for your cooperation. Circular 230 Disclosure: To ensure compliance with U.S. Treasury Regulations, we hereby inform you that any U.S. federal tax advice contained in this message (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or for promoting, marketing or recommending to another party any transaction or matter addressed herein. 2 Esther Gesick Subject: FW: public notice From: Jack E. Reutzel [mailto:jreutzel@fwlaw.com] Sent: Wednesday, April 19, 2017 9:19 AM To: Michelle Martin <mmartin@co.weld.co.us>; Bob Choate <bchoate@co.weld.co.us> Cc: Esther Gesick <egesick@co.weld.co.us> Subject: RE: public notice All- I just left a quick message for Michelle on the phone but thought I would let you all know by email that my client has asked me to see what can be done to suspend processing of the application for the time being. The issue of the replacement plan (what I call the underground reservoir) is currently in the Colorado Supreme Court. Apparently my client and their litigation council had thought it would be moving faster than it is. The determination from the Supreme Court has a direct bearing on the proposed plan and we are thinking that we should have that answer before proceeding with the service plan application in the County. I would prefer to suspend if there is a provision for doing so, as opposed to withdrawing the application, but will defer to you all regarding the procedure. Let me know if you want to talk further about this. Thanks Jack Original Message From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Wednesday, April 19, 2017 8:51 AM To: Jack E. Reutzel; Bob Choate Cc: Esther Gesick Subject: RE: public notice Hi Jack, Feel free to give me a call today I will be available this morning before 11:00. Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 400-3571 FAX: (970) 304-6498 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. 1 Original Message From: Jack E. Reutzel [mailto:jreutzel@fwlaw.com] Sent: Tuesday, April 18, 2017 8:22 PM To: Bob Choate <bchoate@co.weld.co.us> Cc: Esther Gesick <egesick@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us> Subject: Re: public notice There has been a glitch for this application. I will call Michelle tomorrow. Sent from Jack's (Phone On Apr 18, 2017, at 4:07 PM, Bob Choate <bchoate@co.weld.co.us<mailto:bchoate@co.weld.co.us» wrote: Jack, Without having researched whether the Planning Commission needs to be included in the notice, I would request you go ahead and do so, as the cost is minimal, but the benefit is great. I'm sure our Board would appreciate it. Is that reasonable? Thanks, Bob Choate Assistant Weld County Attorney 1150 "O" Street; P.O. Box 758 Greeley, Colorado 80632 Tel: 970-336-7235 Fax: 970-352-0242 Email: bchoate@weldgov.com<mailto:bchoate@weldgov.com> STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Jack E. Reutzel [mailto:jreutzel@fwlaw.com] Sent: Thursday, April 13, 2017 1:06 PM To: Bob Choate <bchoate@co.weld.co.us<mailto:bchoate@co.weld.co.us» Cc: Esther Gesick <egesick@co.weld.co.us<mailto:egesick@co.weld.co.us»; Michelle Martin <mmartin@co.weld.co.us<mailto:mmartin@co.weld.co.us» Subject: RE: public notice Bob- Thanks. I think we're good. One final check though, I read the notice to apply just to the BOCC Hearing and not the Planning Commission. Jack From: Bob Choate [mailto:bchoate@co.weld.co.us] Sent: Thursday, April 13, 2017 12:31 PM To: Jack E. Reutzel Cc: Esther Gesick; Michelle Martin 2 Subject: RE: public notice Jack, I agree with your interpretation. Notice to municipalities and special districts within 3 miles (per subsection 1), but no notice needed in this case to property owners, because you (the petitioner) represent all property owners within the proposed special district (per subsection 1.5). Let me know if you want to discuss. Thanks, Bob Choate Assistant Weld County Attorney 1150 "O" Street; P.O. Box 758 Greeley, Colorado 80632 Tel: 970-336-7235 Fax: 970-352-0242 Email: bchoate@weldgov.com<mailto:bchoate@weldgov.com> STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Jack E. Reutzel [mailto:jreutzel@fwlaw.com] Sent: Monday, April 10, 2017 1:50 PM To: Michelle Martin <mmartin@co.weld.co.us<mailto:mmartin@co.weld.co.us» Cc: Bob Choate <bchoate@co.weld.co.us<mailto:bchoate@co.weld.co.us»; Esther Gesick <egesick@co.weld.co.us<mailto:egesick@co.weld.co.us» Subject: RE: public notice Hi Michelle- This is what I found as well, but I have a slightly different take. Just to make sure we are all on the right track: 1. The mailed notice pursuant to §32-1-204 (1) is required for all municipalities and special districts within a three mile radius of the special District boundaries.. 2. The mailed notice pursuant to §32-1-204 (1.5) is only required for property owners within the proposed district boundaries. Is that what you think it says or do we need to jump on a phone call? From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Thursday, April 06, 2017 7:52 AM To: Jack E. Reutzel Cc: Bob Choate; Esther Gesick Subject: RE: public notice Hi Jack, See below and let me know if you have any questions. 3 Sec. 32-1-204(1.5) requires the applicant to take care of the 3 -mile SPO postal mailing of the Notice at least 20 days prior to the BOCC hearing, but not more than 30 days. Sec. 32-1-204(1) says the BOCC/Clerk must provide notice to the petitioners, and 3 -mile governing municipalities or special districts which levied taxes in 2016, as well as publish in the paper. In the past, the attorney firm for the applicant has taken care of the mailing portion as a courtesy and also provided us with the notice to also serve for our publication needs. If the BOCC hearing date is set for 6/21, I would need the notice from the attorney rep by 5/24 so I have adequate time to get it formatted and sent to the paper by 5/26 to be published on 5/31. Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us<mailto:mmartin@co.weld.co.us> PHONE: (970) 400-3571 FAX: (970) 304-6498 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: lack E. Reutzel [mailto:jreutzel@fwlaw.com] Sent: Tuesday, April 04, 2017 3:21 PM To: Jack E. Reutzel <jreutzel@fwlaw.com<mailto:jreutzel@fwlaw.com»; Michelle Martin <mmartin@co.weld.co.us<mailto:mmartin@co.weld.co.us» Subject: RE: public notice Other than the state statute I mean:) From: Jack E. Reutzel Sent: Tuesday, April 04, 2017 3:11 PM To: 'Michelle Martin' Subject: public notice Michelle- Could you please direct me to the section of the Code addressing the notice provisions for Special Districts? I can't find any specific reference but I could be missing something. Thanks Jack E. Reutzel Director Fairfield and Woods, P.C. 1801 California Street, Suite 2600 Denver, Colorado 80202-2645 Direct Dial: (303) 894-4410 Fax: (303) 830-1033 E -Mail: jreutzel@fwlaw.com<mailto:jreutzel@fwlaw.com> 4 Hello