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HomeMy WebLinkAboutResolution-2000-0002 RESOLUTION NO. -ill-2000 Series of 2000 TITLE: RESOLUTION APPROVING THIRD AMENDMENT OF INTERGOVERNIVIENTAL AGREEMENT CREA TING THE JEFFERSO~ COUNTY HAZARDOUS SUBSTANCE RESPONSE AUTHORITY WHEREAS, ResolutIOns 1517 and 1537 amended the Intergovernmental Agreement concerlllng the ImplementatIOn of a County Hazardous Substance Response Program. and ResolutIon 1537 reqUIred forty per cent of the partlclpatlllg JunsdlctlOns approval pnor to amendment of the Agreement, and WHEREAS, SectIon 14.2 of the Home Rule Charter of the City of Wheat Ridge reljUlres that all Intergovernmental agreements entered lllto by the CIty be approved by resolutIOn. and WHEREAS, the partIes entered into an Intergovernmental Agreement creatIng the Jefferson County Hazardous Substance Response Authonty (the IGA") to operate and manage the County's Hazardous Matenals Response Team, and \VHEREAS, the CIty CouncIl of the City of Wheat Ridge has agreed to enter lllto the attached thIrd amendment to the Intergovernmental agreement. to remove from the IGA the lImItatIon on consecutive terms and to amend the IGA to allow members of the Authonty Board to serve more than two consecutIve two-year terms, NOW, THEREFORE, BE IT RESOLVED by the CIty Council of the CIty of Wheat RIdge, Colorado, as follows. 1. That certaIn thIrd amendment to intergovernmental agreement concerlllng the ImplementatIon of a County Hazardous Substance Response Program, amendlllg SectIon V of saId Agreement, IS hereby approved (copy attached) and be It further resolved by the City CouncIl that the Mayor and CIty Clerk are authorized to execute saId thIrd amendment to the Intergovernmental Agreement on behalf of the City of Wheat RIdge DONE AND RESOLVED thIS 10tl1ay of January, 2000 ATTEST / .J* J' . I..." ",I J. ; ..~i.. r- Wanda Sang. Cny Clerk'::- / ", ;t Gretchen Cerveny, Mayor DAMS EFFERSON Hazardous Response Authority PO Box 746570 l\rvada, CO 8000(>-6570 Ph. 30>.432.1842 l'ax303-432.\370 December 10. 1999 City Manager Bob Middaugh City of Wheat Ridge 7500 W 29th Ave. Wheat Ridge, CO 80215 As you may recall the Intergovernmental Agreement establishing the Jefferson County Hazardous Response Authority mandates that its board of directors serve two-year staggered terms. The current agreement states in Section V 4 2nd sentence, Members may be appointed to serve a consecutive term on the Board, but no member shall serve for more than (2) consecutive terms. As such. the Authority Board would like to request from its member agencies the following amendment to the initial IGA The Authority Board requests the attached change entitled" TIllRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENT AnON OF A COUNTY HAZARDOUS SUBSTANCE RESPONSE PROGRAM" be approved per the First and Second Amendment to the "Intergovernmental Agreement Concerning the Implementation of a County Hazardous Substance Response Program" due to several factors. First, I am glad to report that the merger for the Adams and Jefferson County Hazardous Response Authority has been very positive for both county response agencies. With the merger the new Authority Board consists of an I I person Board of Directors. Of the 11 Board Members 5 represent Adams County, 5 represent Jefferson County, and I member is appointed by the Board yearly as an At-Large member The Adams County Mutual Aid Trust group appoints the Adams County Board members and therefore have no term limitations placed on these positions. In contrast, the Jefferson County Board positions are e1eeted positions with a two-year term and a limitation of two consecutive terms (total 4-year appointment). The existing language potentially places the current Jefferson County Authority Board on uneven ground with their Adams County partners. Since the merger of October 1997 many program goals were identified that would be considered mid to long term in nature. The current Jefferson County Board members feel that the current term limitation placed on the Jefferson County board members may be a disadvantage in terms of program continuity It is also the belief of the Jefferson County Board that the election process as outlined in the Jefferson County Intergovernmental Agreement enables the democratic proeess of nomination and election by majority vote every two years which could limit the terms of any board member if the constituent feels their wants and desires are not being addressed by the responsible board member. The Intergovernmental Agreement can only be amended upon an approval vote of two-thirds of those parties responding to the request no later than sh-ty days from original mailing and can only be amended when at least forty pereent (40%) of the participating entities convey a position on the proposed amendment Therefore, please indieate your position on this amendment by signing the attached amendment and checking the yes box on page 2 if you agree the amendment should be added to the existing IGA, or place an x on the line adjacent to the word no on ~ge 2 and sign as appropriate if you feci the amcndment should not be added to the existing IGA Your vote must be postmarked no later than Fcbruary 13th. 2000 and returned to the following address: Adams and Jefferson County Hazardous Response Authority Joe Bruce Team Coordinator POBox 746570 Arvada. Colorado 80006-6570 Thank you for your participation and as always if you have any questions or comments plcase contact Team Coordinator Joe Bruce at 303-432-1842. S lllcerel y, , () l I I 1 {j'Li{t/0v1 i: {y01 k ')iL'~''- Wilham J Blackban Chairperson, Adams and Jefferson County Hazardous Response Authonty THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENT AnON OF A COUNTY HAZARDOUS SUBSTANCE RESPONSE PROGRAM. Yes Agree to Recommended Amendment NO Do not Agree to the Recommended Amendment Signature Title Print Name Organization 2