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HomeMy WebLinkAbout951650.tiffHEARING CERTIFICATION DOCKET NO. 95-57 RE: EXCLUSION OF PROPERTIES FROM AREA PROPOSED FOR INCLUSION IN TRI-AREA AMBULANCE DISTRICT A public hearing was conducted on August 9, 1995, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker The following business was transacted: I hereby certify that pursuant to a notice dated July 26, 1995, and duly published August 3, 1995, in the Windsor Beacon, a public hearing was conducted to consider various requests for exclusion from the area proposed for inclusion in the Tri-Area Ambulance District. Bruce Barker, County Attorney, made this a matter of record and explained the burden of proof is on the Ambulance - District since the petitioners have created prima facia evidence. Sandy Ingram, petitioner, voiced reasons for requesting exclusion and concerns about Frederick's annexations and Mountain View's bond issue. She noted the area can be serviced by AMR, a separate ambulance provider, and feels residents should not have to pay the tab for the 1-25 area. Earl Sowers, petitioner, stated he owns vacant land within the proposed inclusion area and will not benefit. Robert Cole, Attorney representing Tri-Area Ambulance District, stated the inclusion has to go to a vote of the people in November 1995. He explained the process the District must go through for inclusion and noted removal of the properties would not be in the best interest of the District. Mr. Cole stated one additional petition for exclusion was submitted to the District, rather than the Board, as well as one petition for inclusion. He discussed the municipal boundaries and boundaries of Mountain View and Frederick Fire Protection Districts, noting neither provides ambulance service. Mr. Cole referred to his letter to the Board dated August 4, 1995, indicating the District's reasons not to exclude the properties. He stated the District is trying to keep up with municipal annexations and keep boundaries square and on section lines for dispatching ease and quick service. He stated a contract exists with Frederick and Mountain View Fire Protection Districts and noted this is the largest call volume area, with the highest probability for development. Mr. Cole clarified the in - district rates are $250 and the out -of -district rates are $400 per call, which does not pay for capital expenses. He stated the mill levy is now at 6.534 mills and must be voted on to be increased, estimating the total tax impact to be $850.00 per year. Mr. Cole requested the Board deny the petitions, since exclusion is not in the best interest of the District, and noted the District will be holding a hearing this evening. Mr. Cole and Greg Engel, District Manager, answered questions from the Board regarding additional charges for additional services and further clarified boundaries. Mr. Engel noted AMR, a private agency for profit, can service the area only if Tri-Area's contract is terminated. He also clarified special districts have more obligations to the community and provide prevention and awareness education. He confirmed no money is exchanged with the contracts. Mr. Cole stated Mountain View could increase its mill levy to provide ambulance service since it is only paying for fire service at this time. Mr. Engel confirmed a significant portion of the calls are for the 1-25 Corridor, but the calls are not exclusively for 1-25, with Erie having a large number of out -of -district calls. Mr. Cole stated it is not politically feasible to include Erie at this time, reiterating the 6.5 mill levy will go to capital cost, but will not cover increased cost for additional facilities. He noted the District has no prior debt and maintains capital needs and operation. Mr. Cole clarified, under the Special District Act, only landowners and residents within the area of proposed inclusion who are registered may vote in the election. Chairman Hall noted his concern 951650 CC AL SD0008 RE: HEARING CERTIFICATION - EXCLUSION FROM TRI-AREA AMBULANCE DISTRICT PAGE 2 regarding the District's reliance on taxes for service. Mr. Cole stated the District's Board is concerned as well; however, he reiterated the District has no debt and its mill levy is very low. He stated the goal is to operate as an enterprise, which depends on call volume, location, and response charge. Mr. Engel noted the District is trying to prepare for growth in the area, which was 25 percent last year, and the dramatically increased demand for mutual aid, which is being compensated by volunteers. Mr. Cole stated the collection rate is about 50 percent, which is fairly good, and clarified the Board's role is to determine if it is in the best interest of the District to include said properties. Chairman Hall clarified the necessity of inclusion must be understood to make a determination. Barbara Sowers, petitioner, reiterated their land is vacant and inclusion would be of no benefit. Ms. Ingram reiterated the increasing number of calls on the 1-25 Corridor and stated one ambulance district should not be allowed to have control. Mr. Barker stated the motion should include excluding areas from inclusion in the Tri-Area Ambulance District, noting the people and the District's Board still have the opportunity to vote and control inclusion or exclusion. Mr. Cole noted 101 notices were mailed, with one notice being sent for each parcel. Commissioner Harbert stated she feels Tri-Area would benefit more financially if the petitioners are charged out -of -district rates. Commissioner Kirkmeyer moved to approve the requests for exclusion from the area proposed for inclusion in the Tri-Area Ambulance District. She stated the District has not convinced her inclusion is in its best interest, problems exist and will continue to exist, a large number of the calls are for the 1-25 Corridor, other jurisdictional boundaries and problems with Mountain View Fire Protection District need to be cleaned up, and she feels the mill levy indirectly pays for the service. The motion was seconded by Commissioner Harbert, who agreed with Commissioner Kirkmeyer. Mr. Barker clarified the motion includes all nine requests. Commissioner Baxter agreed the District has not shown exclusion would be a real problem, and the motion carried unanimously. This Certification was approved on the 14th day of August, 1995. 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