Board of Education - August 14, 2024 - Agenda, Minutes, and Additional Documents

Dinner will be provided at 5:30 p.m.
Orientation presentation will start at approximately 6:00 p.m.
The Board of Education will be conducting an orientation session. The topic to be discussed is as follows:

1. FINANCE 101 - Chief Financial Officer Stacey Yoshimoto
2. TECHNOLOGY 101 - Chief Technology Officer Jeremy Heide

   No official Board business will occur during the orientation session.

   A brief intermission will occur in order for the Board to take their places at the dais, and the livestream will start.

3. CALL TO ORDER President Green All matters noticed on this agenda, in any category, may be considered for action as listed. Any item not so noticed may not be considered. Items listed on this agenda may be considered in any order, at the discretion of the chairperson.
4. PLEDGE OF ALLEGIANCE President Green
   ROLL CALL FOR ATTENDANCE (Policy Reference: 2.C) President Green
5. COMMITMENT TO GOVERNING STYLE President Green The Board will govern lawfully, observing Policy Governance principles, with an emphasis on (a) outward vision rather than internal preoccupation, (b) encouragement of diversity in viewpoints, (c) strategic leadership more than administrative detail, (d) clear distinction of Board and chief executive roles, (e) collective rather than individual decisions, (f) future rather than past or present, and (g) governing proactively rather than reactively.
6. APPROVAL OF AGENDA President Green Recommended motion: “Move to approve the agenda dated August 14, 2024 as presented.”
   ROLL CALL FOR VOTE (Policy Reference: 2.C) President Green
7. INTERGOVERNMENTAL AGREEMENT FOR LAND NEGOTIATIONS President Green The Board of Education will consider approval of the Intergovernmental Agreement between the City of Thornton and Adams and Weld County School District 27J concerning the purchase of real property as described. (Enclosure and IGA, Special Warranty Deed and Map are separate enclosures)
   Recommended Motion: “Move to approve the Intergovernmental Agreement Between the City of Thornton and Adams and Weld County School District 27J Concerning the Purchase of Real Property to be known as Lot 2 Block 1, Thornton Fire Station No.8 Subdivision, Adams County, Colorado and authorize the Superintendent or his designee to execute the agreement and all other required documents to complete the transaction”
   ROLL CALL FOR VOTE (Policy Reference: 2.C) President Green
8. EXECUTIVE SESSION President Green
   The Board will vote to convene into executive session for the purpose of conferring with the school district’s attorney to discuss and receive advice on specific legal questions pursuant to C.R.S. § 24-6-402(4)(b) concerning pending litigation (Doe v. Weiser, Cordova and School District 27J).
   1. ISSUES AND CITATIONS
      PRESIDENT GREEN: I want to clarify on the record that the Board of Education has issues to discuss in Executive Session as follows: To confer with the attorney for the school district to receive advice on specific legal questions pursuant to C.R.S. § 24- 6-402(4)(b) concerning pending litigation (Doe v. Weiser, Cordova and School District 27J).
   2. VOTE
      • PRESIDENT GREEN: Do I have a motion to go into Executive Session? Identify board member who makes the motion to go into Executive session
        ________________________(name)
      • PRESIDENT GREEN : Identify board member who seconds the motion
        _____________________(name)
      • PRESIDENT GREEN: Discussion?
      • PRESIDENT GREEN: Call for roll call vote on motion to convene into executive session (need affirmative vote of 2/3’s of the quorum present)
      • PRESIDENT GREEN: Announce who will be joining the Board in the executive session – the Board’s attorney Elliott Hood from Caplan & Earnest, Superintendent Pierce, etc.
9. REGULAR MEETING RECONVENED President Green
10. ADJOURN OF REGULAR MEETING - President Green
    Date of Notice: August 7, 2024
    Reposted: August 13, 2024

Agenda No. 7

Board Meeting of: August 14, 2024

Subject Intergovernmental Agreement between the City of Thornton and Adams and Weld County School District 27J Concerning the Purchase of Real Property to be known as Lot 2 Block 1, Thornton Fire Station No.8 Subdivision, Adams County, Colorado.

Status of Item: Action

Time Needed: 20 Minutes

PERTINENT FACTS:

• Local governments are encouraged and authorized to cooperate or contract with other units of government, pursuant to C.R.S. § 29-20-105, for the purpose of planning or regulating the development of land, including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations.
• Pursuant to Board Policy 3.E.7 – Asset Protection – “The Superintendent will not allow the Board to be unaware of the acquisition, encumbrance, lease or disposal of real estate without providing the Board with information for discussion prior to a final decision being made”, the Board of Education has been advised of this transaction on multiple occasions.
• The District owns a parcel of land known as the Ferguson Property near 152nd Avenue and Holly Street in Unincorporated Adams County that was dedicated to the District on January 10, 2022. The acreage of the dedicated land is 15.92 acres.
• The District is currently planning to construct Talon Ridge Middle School at the site.
• Middle School site acreage standards are about 25 acres.
• The District and the City of Thornton have been collaboratively working to secure additional land to meet the District’s acreage needs for this middle school.
• On June 27, 2022, the City of Thornton closed on the purchase of 25.92 acres of adjacent land to the north of the District’s proposed middle school. The City intends to use the eastern portion of that land for a future fire station. The City intends to sell approximately 9.382 acres of the southwest portion of the land to the District for the remaining acreage needs for the middle school.
• In April of 2023, the City and the District agreed to and approved a prior Intergovernmental Agreement (IGA) to memorialize the mutual interests and the agreements reached regarding these sites.
• The two parties are in final negotiations on a second IGA that would finalize the sale and purchase of this property.
• The IGA would replace a standard Purchase and Sale Agreement. District legal counsel have been part of the negotiation and is acceptable to this form of conveyance.
• Funding for the purchase is available for the purchase as part of the 2021 Bond Program.
• The significant terms of the IGA include:
  • The purchase price of the property will be $938,200;
  • The closing on the property will take place within 30 days of the expiration of the 15-day inspection period;
  • Thornton shall pay for the premium for the title policy and 50% of the customary closing costs;
  • The District will pay for the recording of the Special Warranty Deed and 50% of the customary closing costs;
  • Either party may terminate the agreement upon thirty days prior written notice to the other party.
• Staff is recommending the Board authorize the Superintendent or his designee(s) to conduct all remaining negotiations related to the Intergovernmental Agreement and to further authorize the Superintendent to execute all required documents to complete the transaction pursuant to the aforementioned terms.
• A copy of the current draft agreement is attached for your reference.
• The City of Thornton will consider approval of the IGA in the near future allowing for an October 2024 start of construction

Board Policies or C.R.S. Relating to Item:

C.R.S. 29-20-105 – Cooperation with Local Governments

C.R.S. 22-32-110(1)(a) – Specific Powers- To take and hold in the name of the District so much real and personal property…

Originator: Terry Lucero/Ben Dahlman

Dinner was provided at 5:30 p.m.
Orientation presentation started 6:00pm

The Board of Education conducted an orientation session. The topics discussed are as follows:

1. FINANCE 101
2. TECHNOLOGY 101
   No official Board business will occur during the orientation session.
   The orientation concluded at 7:42 p.m.
   A brief intermission will occur in order for the Board to take their places at the dais, and to activate the meeting livestream.
3. CALL TO ORDER 7:51 p.m.
4. PLEDGE OF ALLEGIANCE
   Director Carbajal, Director Conn, Director Green, Director Jensen, Director Thomas, Director Trujillo, and Director Wilhelm were present for the entire regular meeting. 5. COMMITMENT TO GOVERNING STYLE President Green read the following statement: The Board will govern lawfully, observing Policy Governance principles, with an emphasis on (a) outward vision rather than internal preoccupation, (b) encouragement of diversity in viewpoints, (c) strategic leadership more than administrative detail, (d) clear distinction of Board and chief executive roles, (e) collective rather than individual decisions, (f) future rather than past or present, and (g) governing proactively rather than reactively.
5. APPROVAL OF AGENDA
   Motion by Director Trujillo, seconded by Director Thomas to approve the agenda dated August 14, 2024 as presented. Roll Call Vote: all ayes
6. INTERGOVERNMENTAL AGREEMENT FOR LAND NEGOTIATIONS
   The Board of Education considered approval of the Intergovernmental Agreement between the City of Thornton and Adams and Weld County School District 27J concerning the purchase of real property as described.
   Motion by Director Carbajal, seconded by Director Jensen to approve the Intergovernmental Agreement Between the City of Thornton and Adams and Weld County School District 27J Concerning the Purchase of Real Property to be known as Lot 2 Block 1, Thornton Fire Station No.8 Subdivision, Adams County, Colorado and authorize the Superintendent or his designee to execute the agreement and all other required documents to complete the transaction. Roll Call Vote: all ayes
7. EXECUTIVE SESSION
   The Board voted to convene into executive session for the purpose of conferring with the school district’s attorney to discuss and receive advice on specific legal questions pursuant to C.R.S. § 24-6-402(4)(b) concerning pending litigation (Doe v. Weiser, Cordova and School District 27J).
   1. ISSUES AND CITATIONS
      PRESIDENT GREEN: I want to clarify on the record that the Board of Education has issues to discuss in Executive Session as follows: To confer with the attorney for the school district to receive advice on specific legal questions pursuant to C.R.S. § 24-6- 402(4)(b) concerning pending litigation (Doe v. Weiser, Cordova and School District 27J).
   2. VOTE
      • PRESIDENT GREEN: Do I have a motion to go into Executive Session? Identify Board member who makes the motion to go into Executive session. Motion to convene was made by Director Thomas.
      • PRESIDENT GREEN : Identify board member who seconds the motion. Motion was seconded by Director Wilhelm.   PRESIDENT GREEN: Discussion? - None
      • PRESIDENT GREEN: Call for roll call vote on motion to convene into executive session. Roll Call Vote: all ayes
      • PRESIDENT GREEN: President Green requested the Board’s attorney Elliott Hood from Caplan & Earnest, and Superintendent Pierce join the executive session.
   The Executive Session started at 8:01 p.m.
   Single topic discussion occurred from 8:01 p.m. to 8:49 p.m.
   The Executive Session concluded at 8:50 p.m.
8. REGULAR MEETING RECONVENED: 8:50 p.m.
9. ADJOURN OF REGULAR MEETING: 8:51 p.m.