September 1, 2016 Board of Directors Meeting Minutes
BOARD OF DIRECTORS
September 1, 2016
CALL TO ORDER
President Whitfield called to order the September 1, 2016 regular meeting of the Board of Directors of the Apex Park and Recreation District, held at 6:30 p.m. in the Randall Room at the Apex Center, 13150 W. 72nd Avenue, Arvada, Colorado. Board members in attendance were: Jim Whitfield, Jeff Glenn, Tommy Skul, Kristen Larington and Vicki Pyne. District staff members present were: Lauri Dannemiller, Executive Director, and Dawn Fredette, Executive Assistant and Recording Secretary. Also in attendance was Linda Glesne of Collins Cockrel & Cole, Legal Counsel.
APPROVAL OF AGENDA AND ADDITION OF AGENDA ITEMS
MOTION: Director Glenn moved for approval of the Agenda as presented. Director Larington seconded. Motion passed unanimously.
APPROVAL OF MINUTES OF AUGUST 18, 2016 MEETING
MOTION: Director Larington moved for approval of the Minutes of the August 18, 2016 meeting as presented. Director Skul seconded. Motion passed unanimously.
PUBLIC INPUT – None
At 6:32 p.m., Director Glenn moved for the Board to enter into Executive Session pursuant to Section 24-6-402(4)(b), C.R.S., for the purpose of receiving legal advice concerning the exclusion of real property from the boundaries of the District. Director Skul seconded. Motion passed unanimously.
At 7:05 p.m., Director Glenn moved for the Board to come out of Executive Session and return to the regular meeting. Director Pyne seconded. Motion passed unanimously.
1. Conduct Public Hearing and Consider for Approval “Order by the Board of Directors of the Apex Park and Recreation District for Exclusion of Real Property”
The public hearing was opened and Ms. Dannemiller explained that a Petition for Exclusion had been received from property owners in the Westcliff Subdivision in Westminster, Colorado (Shawn and Patricia Heisdorffer). Ms. Dannemiller further explained that the Heisdorffer’s missed the deadline in 1998 when the District gave Westcliff property owners the opportunity to exclude their property prior to the sale of the 1998 bonds. The Heisdorffer’s missed that deadline by just a few days and they are now seeking to have their property excluded prior to the closing of the 2016 bonds. Ms. Dannemiller noted that if the Board approves this exclusion, Legal Counsel will file the appropriate paperwork with the District Court as soon as possible. However, there is no guarantee the Court will issue an order within the time frame needed to exclude the Heisdorffer’s property, whereby it would not be subject to the new debt service mill levy for the new bond issue.
The Board discussed the unique circumstances regarding this particular Petition for Exclusion, noting the Heisdorffer’s did attempt to exclude their property in 1998 but missed the deadline by a few days. The Board also noted the tight deadline property owners were under in 1998 to submit their exclusion petitions following notification of the exclusion opportunity. The Board expressed some concern about setting a precedent if additional Westcliff homeowners were to submit petitions for exclusion, but reiterated that they considered this petition to be a special circumstance.
Director Whitfield discussed Westminster property owners who pay taxes to both Westminster as well as Hyland Hills Park & Recreation District. He also discussed being optimistic about constituents in the NE sector of the District with regard to the new Secrest Center, as well as engaging other areas of the District.
Ms. Dannemiller noted that notice of this public hearing had been properly published.
The public hearing was closed.
MOTION: Director Glenn moved that the Board exclude the Heisdorffer property from the boundaries of the District. Director Pyne seconded. The motion passed unanimously and the “Order by Board of Directors of the Apex Park and Recreation District for Exclusion of Real Property” was properly executed.
OLD/OTHER BUSINESS – None
MOTION: Director Glenn moved that the meeting be adjourned. Director Pyne seconded. Motion passed unanimously.
Director Whitfield adjourned the meeting at 7:12 p.m.
Dawn Fredette, Recording Secretary
Kristen Larington, Secretary/Treasurer