HomeMy WebLinkAbout941654.tiff HEARING CERTIFICATION
DOCKET NO. 94-19
RE: CREATION OF FORT JUNCTION PUD LAW ENFORCEMENT AUTHORITY
A public hearing was conducted on January 31, 1994, at 9:00 A.M. , with the
following present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Finance and Administration Director, Donald Warden
The following business was transacted:
I hereby certify that pursuant to a notice dated January 3, 1994, and duly
published January 13, 20, and 27, 1994, in the Windsor Beacon, a public
hearing was conducted to consider the creation of Fort Junction PUD Law
Enforcement Authority. Lee Morrison, Assistant County Attorney, made this
a matter of record and explained the general process of the Board's
resolution declaring its intent to create the authority if the election is
successful. He indicated the Board must decide whether the election will
be by mail-ballot or a precinct election. Mr. Morrison explained the
creation is separate from the imposition of taxes, and the election must
be held within 45 days of the effective date of the resolution. He
indicated the Board must also decide if the authority will encompass the
entire PUD area, which consists of 50+ acres, or only the 22 acres of the
First Filing of the PUD. Mr. Morrison said the draft resolution may
require adjustment and stated only the 22 acres were noticed; therefore,
a continuance would be required for notification purposes if the Board
decided to include the entire 50+ acres. He indicated the landowners who
requested the authority are present. Michael Brand, Corrections Director
of The Villa, said this request was made in order to satisfy a plat note
on The Villa's PUD. He referred to the letter requesting the formation of
a law enforcement authority on the 22 acres. Mr. Brand questioned the
process required to increase the size of the authority. Mr. Morrison
stated an additional area could be included by petition until a levy has
been set. Amendment One requires a vote to include any additional area
after levy is set; however, only Board action would be necessary until the
levy has been imposed. Mr. Brand confirmed they are presently requesting
only the 22 acres be included; however, if it would be easier to include
the entire PUD, that would not be resisted. Chairman Webster stated he
felt, at this time, it would be better to include the 50+ acres. Mr.
Morrison reiterated it is more difficult to add to the size of the
authority after a levy has been imposed; however, that would not be until
at least November or when a levy election has been set. He said the
creation election is proposed for March 15; however, it would be possible
to combine the elections in November. Mr. Morrison clarified the levy
election could not be held until November, pursuant to Amendment One, and
stated delaying an election would delay the filing of the plat. Mary Ann
Feuerstein, Clerk and Recorder, indicated concern regarding the
publication of notices for a spring election. She explained three
publications are required one week apart from the effective date of the
resolution and the ballot question takes some time to prepare. Mr.
Morrison suggested the effective date of the resolution be delayed to
February 14, 1994, to allow the Clerk and Recorder's Office additional
time, with the election being set for March 29, 1994. In response to a
question from Commissioner Baxter, Mr. Morrison explained the matter would
have to be continued three weeks to one month to renotice the matter to
include the 50+ acres in the authority. Mr. Brand reiterated they would
941654
boo -Lc-
c.
HEARING CERTIFICATION - DECLARE INTENT TO CREATE FORT JUNCTION PUD LEA
PAGE 2
prefer to leave the acreage at 22 and proceed now. Robert Konkle,
Chairman of Citizens Action Committee which was established to oppose the
preparole facility, stated concerns about Del Camino's infrastructure not
being conducive to the preparole facility. He indicated the law
enforcement authority is a vital piece of the facility; however, he
requested the authority include more than The Villa to benefit the
residents in the area. Mr. Konkle expressed concerns about the 911
response time in the area and requested the opportunity to petition to
assist in setting the criteria level and the levy. Mr. Morrison confirmed
for Commissioner Kirkmeyer that the additions to the authority have not
been precluded and property does not have to be adjacent or contiguous to
the district to petition for inclusion. Mr. Morrison read the definition
of law enforcement authority into the record and explained enforcement
would be contracted with the Sheriff's Office or another existing police
force. He said the authority creates a taxing unit to raise revenue and
is limited by such. Don Warden, Finance and Administration Director,
mentioned other counties with such authorities who contracted with their
Sheriff's Office for supplemental control. He explained the authority
would have to remain within its assessed value, which would probably range
from $20, 000 to $25, 000, being similar to contracts with some smaller
towns in the County. Mr. Konkle requested follow-up work with Mr.
Morrison and Ms. Feuerstein to consider details for petitioning, which
would be moving in a positive direction. In response to a question from
Commissioner Baxter, Mr. Morrison said the Board of Commissioners acts as
an ex-officio board for the authority and makes the decisions regarding
contracting and allocating funds. Mr. Warden said an annual budget
hearing will be held and law enforcement authorities are limited to seven
mills. Mr. Konkle stated a concern that the people in the taxing district
would not be allowed input on setting criteria. Mr. Morrison indicated
the citizen input could be allowed by the Board. Mr. Konkle rebutted the
letter from the Sheriff's Office which indicated the area is adequately
covered and there is no need for a law enforcement authority. Mr. Brand
said it would be marvelous if people would petition into the authority and
he is glad the facility could be a catalyst for this type of involvement.
Stan Olson, owner of property within the MUD and three-quarters of a mile
south of the PUD, stated he is gathering information because his zoning
plans are currently on hold due to the preparole facility. He voiced
concerns about the authority's indebtedness being the responsibility of
the taxpayers and the feasibility of continuing with his zoning plans if
the authority becomes an excessive tax burden. Commissioner Harbert
explained if an authority were created on the 22 acres and a levy set at
$25, 000, it would provide increased protection in the area, and if one
petitioned into the authority, he would be privileged to more readily
available protection. Mr. Olson questioned what type of enforcement
$25, 000 buys, and Commissioner Harbert responded, if others petition in,
the revenue could be raised to $40, 000 or $50, 000. Mr. Warden reiterated
seven mills would be the maximum allowed by State law. Mr. Olson objected
to the resolution until it is clear as to the intent and purpose of the
law enforcement authority. He indicated, however, he is not against the
authority, but is uncomfortable investing at this time. In response to a
question from Commissioner Baxter, Mr. Morrison said the language
concerning the responsibility of indebtedness concerns special districts
and was approved prior to Amendment One. He explained there is no capital
outlay for a law enforcement authority, which does not have the potential
for creating indebtedness. Mr. Warden noted an authority cannot borrow
money. Mr. Olson said he still has questions as to the impact of this
authority and reiterated the slow response time in the area, stating
$25, 000 to $50,000 is inadequate for such an authority. Marvin Dyer
represented New Creations Church, owner of the property, and stated they
are aware of the authority and will be satisfied with the Board's
decision, since they are remaining neutral at this time. Commissioner
Kirkmeyer moved to approve the resolution declaring the intent to create
the Fort Junction PUD Law Enforcement Authority, with the effective date
HEARING CERTIFICATION - DECLARE INTENT TO CREATE FORT JUNCTION PUD LEA
PAGE 3
of the resolution being February 14, 1994, and the election to be held on
March 29, 1994, by a mail-ballot election. The motion was seconded by
Commissioner Hall. Mr. Morrison suggested the ballot question be
corrected to conform with the 22-acre request. Commissioners Kirkmeyer
and Hall consented to the suggested addition to the motion, and
Commissioner Hall stated the authority will provide an inherent added
security level in the area, with any concerns being voiced to the
committee. Commissioner Kirkmeyer said the concerns of the public will be
addressed with the Sheriff's Office. The motion then carried unanimously.
This Certification was approved on the 2nd day of February, 1994.
APPROVED:
ATTEST: Wa44 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk t the Board
& � n
By: H. Webs er, hair n
Deputy Clerk to the�.Board
Da e . Hall, ro7T m
TAPE #94-07
Ate
rfr
eorgerE. Baxter
DOCKET #94-19
( i2440Z,2ZprA//6;?Si
Constance L. Harbert /
SD0045
arbara J. Kirkmeye d
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31st DAY OF JANUARY 1994:
DOCKET /t 94-19 — CREATION OF FORT JUNCTION PUD LAW ENFORCEMENT AUTHORITY
DOCKET /I
DOCKET //
DOCKET /t
PLEASE write or print your name legibly, your address and the DOCKET /t (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
4 O/V 4,rr OW-
.outer A i,w ez 9biv,� G�w'c%c"`jr yo. `-AwAe
)747i2/ O/o AL, Vso6 a' a r, .≤
A L /20OFRTs 3 '-19s/ /-,O7(ti-,i15 o2 Pc4p(t rtc(IECo
Cle
it4tli1/240ei 1 /461748 oxJ a/}1d��GoC ‘2G/2G647 a ,
1 /?,5c- OIL- iiti a° �7' 6:3/ l
#///7„.e.„...—__ . rid tir�-� , '/Z- C�G, -- /
d"104,5 a cis2afr 77, dGitp _
Hello