HomeMy WebLinkAbout740492.tiff �..1
STATE 0- ,
ss.
COUNTY OF WELD
1 Fllad with the Clerk of the Board
of Courty Commissioners
2 JUN 2Q1974
3
COU4TYCIERK AND RFCOPD!W
4
BOARD OF sy Deputy
5 COUNTY COMMISSIONERS
6 OF
7 WELD COUNTY
8
9
10
11
12
13 Hearing
14 on
15 Proposed Western Hills Fire Protection District
16
17 April 15 , 1974
18
19
20 Barbara Billings
21 General Shorthand Reporter
22 Platteville , Colorado
23
24
25
740492
1 MR. BILLINGS: I am Glenn Billings , County
2 Commissioner. This is Roy Moser, and the other one , Harry
3 shley, was out of town on business today. First , I would
4 like to set a few ground rules so that we all know where we ar
5 going and what we are talking about , and hopefully, for those
6 ho are presenting proposals today , they will have individual
7 spokesmen who will present the proposal; and we will ask for
8 any comments from those people in the audience that might
9 have interest or lend interest to the proposal; and from that
10 e will proceed on then with those people who might be in
11 the audience who oppose it , and hopefully there would be a
12 spokesman for those people , and if not , everyone who is in
13 attendance today who has something to say that is not repeti-
14 tious , we will certainly listen to what you have to say.
15 On my right over here for your information is Mr.
16 Burman Lorenson, the red head, and Mr. Sam Telep , County
17 ttorney, next to the podium.
18 This Notice comes on today after official advertise-
19 ent. It is a public hearing for the Service Plan of the
20 proposed Western Hills Fire Protection District. At this
21 time , Mr. Telep , will you make direct.
22 MR. TELEP: Thank you, Mr. Chairman. Let
23 the record show that this cause came on for hearing this day ,
24 pril 15 , 1974, on the petition and application of the Western
25 Hills Fire Protection District , Greeley , Colorado, for a
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1 proposed Western Hills Fire Protection District pursuant to
2 special district control Article 18 , Chapter 89 , Colorado
3 Revised Statutes , 1963 , as amended; and let the record further
4 show that the hearing today has been duly advertised as re-
5 quired by law in the Greeley Journal on March 15. In addition,
6 although not required, the meeting today was also advertised
7 in the Greeley Tribune on March 20 , March 29 , and April 15 ,
8 1974, respectively; and we would like the record to also show
9 that there are in the file several reports indicating that
10 the adjacent governmental units within a two-mile radius of
I1 proposed Western Hills Fire Protection District have been
12 notified by certified mail of the hearing of this morning ,
13 thus affording them also the opportunity to be present and to
14 testify either in favor or against this proposed Western Hills
15 Fire Protection District. I would like the record also to
16 show that the petitioner or group of petitioners are present ,
17 and the petitioners also , I understand, are represented by
18 counsel , Mr. Ken Colwell.
19 Mr. Chairman, I believe we are ready to proceed.
20 verything seems to be in order as far as compliance with the
21 statute is concerned, and perhaps counsel for the district or
22 nyone on its behalf would like to say something at this time.
23 MR. BILLINGS: Before we start I would like to
24 dd one other thing , so that the recording secretary here will
25 a able to separate the information she receives , that each
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1 erson speaking , at least the first time , will give their
2 full name and address , and from then on before they start any
3 conversation, give your name so that we will have an accurate
4 ecord of your comments. From that we will turn this over
5 for the presentation to Mr. Colwell , and have your representa-
6 tives present the proposed Western Hills Fire District.
7 MR. COLWELL: My name is Kenneth Colwell ,
8 1011 11th Avenue , Greeley, Colorado , and I, together with
g ohn Hough, have worked six long months on this .
10 Members of the Board of County Commissioners and
11 ladies and gentlemen, we are presenting this morning the
12 etition for formation of the Western Hills Fire Protection
13 istrict. Before we have witnesses testify either in behalf
14 r against the district , I would like to at this time file a
15 orrected legal description concerning the district , which is
16 designated Petitioner' s Exhibit A. I would like further to
17 file for the record Petitioner' s Exhibit B, which is a cor-
18 ected plat of the district and which is reflected by the
19 large plat behind you here on the wall; and thirdly , I would
20 like to file in the file Petitioner' s Exhibit C , which is the
21 estern Hills Fire Protection Service Plan. I would like to
22 file these with the County Commissioners at this time.
23 MR. BILLINGS: The County will accept those.
24 ill you identify those as A , B, and C.
25 MR. COLWELL: Petitioner's Exhibit A is the
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1 corrected legal description, B is the corrected plat , C is
2 the Fire Protection Service Plan, and it ' s marked, I believe,
3 inside the front cover. In a hearing of this kind, it is
4 my understanding that the Commissioners must consider several
5 items before they can make a final decision on this petition,
6 and one of the primary considerations is whether or not there
7 is adequate service in the area supposed to be created; and
8 another fact which they must consider is whether or not
9 service is or can be provided by nearby municipalities or
10 other services . In this area , service , petitioners are aware
11 and I'm sure they will testify that there is not adequate
12 service at the present time to service needs of the area or
13 the inhabitants that exist in the area; and further, that no
14 fire protection service is being provided by nearby munici-
15 palities or will be provided in the near future. The final
16 consideration, or primary consideration I might say , because
17 I am sure there are other factors that will be considered by
18 the Commissioners , is the financial feasibility of the pro-
19 osed district. With those preliminary remarks , the peti-
20 tioner would like to call as their first witness Howard Rice.
21 ould you come over, Howard?
22 (Whereupon witness came forward. )
23 MR. COLWELL; All right , all of you remember
24 am the attorney and Mr. Rice is a witness , so we will be up
25 ere together.
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1 MR. BILLINGS: I am going to ask as we start ,
2 so this testimony is all taken down, Mr. Kelep , acting as
3 county attorney , would you swear in each witness as they come
4 forward.
5 (Whereupon witness was sworn in. )
6 HOWARD RICE
7 being produced, and being first duly sworn, was examined and
8 testified as follows:
9 EXAMINATION
10 BY MR. COLWELL:
11 Q Mr. Rice , would you state your name and address .
12 A My name is Howard Rice. I live at 2326 51st Ave-
13 nue , just outside the city of Greeley.
14 Q Is your present residence within the proposed dis-
15 tract?
16 A Yes , it is .
17 Q Would you tell the Commissioners and audience here
18 your part in the formation of the fire protection district?
19 A I am presently the chairman of the committee for
20 the formation of the district. I became involved when the
21 council of the City of Greeley passed a resolution cutting
22 off fire protection service to all areas lying outside of the
23 city limits of Greeley.
24 Q As a result of that act , what action did you and the
25 others forming part of the steering committee take?
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1 A We formed a committee to investigate the different
2 ossibilities , routes open to us to obtain fire protection
3 or the areas outlined on the map. This involved going to
4 he city , investigating the possibility of a service contract
5 ith the city to provide us with the service , as well as in-
6 estigating other methods , contracts with other fire protec-
7 ion districts , right on down to forming our own district.
8 Q At the time of filing your petition for the forma-
9 ion of this district , was there any existing service furnish-
10 d your area where you reside in the district?
11 A As I stated, the City of Greeley did have a resolu-
12 ion, does have a resolution on the books cutting off service
13 o the area . We have been successful , however , in obtaining
14 'nterim service on an emergency call basis with the city so
15 ong as the formation of the district is progressing. If the
16 ormation of the district is shut off at any point , the fire
17 rotection from the City of Greeley will cut off on the same
18 ate.
19 Q In so far as you and your committee are concerned,
20 o you feel there is a need for a fire protection district in
21 our area in addition to the area encompassed by the map re-
22 ferred to as Petitioner's Exhibit B?
23 A We very definitely feel there is a need for a fire
24 rotection district. I don' t know of anybody who has a piece
25 f property , whether they are renting it or owning it , who
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1 does not need fire protection as well as police protection.
2 Q Now, Mr. Rice , in so far as your condition is con-
3 cerned , and including all the area in the area on Petitioner' s
4 xhibit B, are the facilities the same there as where you
5 eside , the facilities for service? In other words , for fire
6 rotection service?
7 A I am still not sure I understand the question.
8 Q Well, let 's put it this way , the areas encompassed
9 y the yellow, are they in the same position as far as fire
10 rotection?
11 A Yes , they are. There is no protection at all.
12 Q And your proposed boundary lines included the City
13 f Greeley and Town of Evans?
14 A That' s right.
15 Q Other than that, the area shown by Petitioner's
16 xhibit B and in the yellow is the area comprised as the
17 estern Hills Fire Protection District?
18 A That 's right.
19 Q Has your committee prepared a Fire Protection Ser-
20 ice Plan?
21 A Yes , we have.
22 Q Would you cover that plan in some detail for the
23 enefit of the audience?
24 A Yes , I would. This service plan study has been
25 repared by the Committee for the formation of the proposed
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1 Western Hills Fire Protection District, to provide the pro-
2 perty owners and other interested parties with reliable infor-
3 mat ion pertinent to the establishment of a fire protection
4 district. Justification for the study is based upon the need
5 for fire protection which is non-existent in this area. The
6 findings of this report result from field surveys and other
7 necessary investigations to establish a firm basis from which
8 to project needed facilities and costs thereof.
9 The proposed district comprises approximately 30
10 square miles surrounding the incorporated areas of Greeley
11 and Evans. The proposed service area extends approximately
12 six miles east of the easterly boundary of the City of Greeley
13 limits , and approximately four miles west of the westerly
14 boundary of Greeley. It is bounded on the westerly side by
15 the Milliken and Windsor Fire Protection Districts , on the
16 north by the Eaton Fire Protection District , and on the east
17 and south by the Fire Protection Districts of Platte Valley
18 and LaSalle. The proposed district boundaries are shown on
19 Exhibit 1, which is the map hanging on the wall.
20 The current estimated population of the proposed
21 district is 3 ,500. It is projected that the population would
22 substantially increase by 1980. Based on current records of
23 the Weld County Assessor's Office , the assessed valuation of
24 the proposed district is $12 ,765 ,890 at the present time.
25 This valuation does not include the values assessed under
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1 specific ownership and the new 1974 method of assessing mobile
2 omes.
3 During the initial stages of information gathering,
4 there were numerous governmental and quasi-municipal agencies
5 consulted and visited. These include: Fort Collins Fire
6 epartment; Poudre Valley Rural Fire Department; Loveland Fire
7 epartment; Loveland Rural Fire District; Arvada Fire Depart-
g ent; Division of Local Governments of the State of Colorado;
9 olorado State Office of Emergency Preparedness ; Weld County
10 ivil Defense Agency; City of Greeley (Ad Hoc Committee esta-
11 lished by the City Council) .
12 Justification for the district is there is no fire pro-
13 tection for the entire area covered by this proposed district.
14 he City of Greeley is furnishing interim service during the
15 formation of the proposed fire protection district.
16 It is very obvious that the necessary protection of life
17 and property is needed due to the development of property for
18 esidential and commercial business in the proposed district.
19 The facilities to be provided for adequate fire protec-
20 tion for the proposed district require construction of a
21 fire station east of the city limits of Greeley and another
22 station west of the city limits of Greeley.
23 MR. COLWELL: Do you have a pen that you could
24 show on the plans of Exhibit B the location of these two sta-
25 tions?
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1 A Yes , right at the end of this brief are the loca-
2 Lions , and I will point them out.
3 These will be one story, two bay , prestressed con-
4 crete structures , including space for equipment , and living
5 accommodations. The location of the station on the east side
6 of Greeley is at the corner on Highway 34 , just west of Daffo-
7 dil Avenue. For better clarification, this is just immediate-
8 ly east of Luther Equipment, right down by the highway. The
9 station on the west side of Greeley is planned for the south-
10 est corner of 51st Avenue and 20th Street , right across the
11 street from Aims College.
12 The call and alarm system for the proposed district
13 ill be part of the North Weld Radio Fire Reporting Service ,
14 Inc.
15 The fire fighting staff to man the fire station will
16 e adequately trained to operate the equipment , provide imme-
17 sate response to emergency alarms , and properly protect life
18 nd property. The initial staff will consist of seven full
19 ime paid professional fire fighters , augmented by a trained
20 olunteer group. The salary range for the seven full time
21 taff members will be from $7 ,200 to $9 ,000 per man per year.
22 his range is comparable to that paid other professional fire
23 ighters in the surrounding area.
24 Cost estimates of capital improvements--the fire
25 tations , two of them, at $80,000 each; utilities , installation
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1 (electricity , gas , water , sewer, and so on) , $2 ,500 for both
2 stations ; land acquisitions , $16 ,000 for both sites ; two
3 1,000 gallon per minute pumpers at $60,000 each; two 500
4 gallon per minute pumper tankers , and these will be 1,500
5 gallon carrying capacity, two each of those at $5 ,000 each;
6 the radio alarm system for both stations at $765; other radio
7 related equipment , $6 ,250; formation cost and capitalized in-
8 terest of $28 ,000; contingencies and other fire fighting
9 equipment , $32,000. This is a grand total of $375 ,515.
10 A survey has shown that the operation of the dis-
11 trict is feasible with an annual budget of $93 ,224. The mill
12 levy to support this budget is anticipated at 7 . 3 mills , which
13 is below the maximum mill levy allowed by law. This plan is
14 utlined in the general obligation bond issue with a maximum
15 interest rate of seven percent and a maximum maturity of 20
16 ears , with an approximate $36 ,700 payout each year , or 2.87
17 ills , and this is outlined in Exhibits 2 and 3. All of
18 hese studies take into consideration that the incorporated
19 owns of Rosedale and Garden City are being included in the
20 istrict. Letters from these towns requesting inclusion are
21 ttached as Exhibits 4 and 5.
22 The implementation schedule for the district in
23 1974 is to submit the revised Service Plan to the County Com-
24 issioners for approval, which was done this morning; submit
25 he revised Service Plan to the Clerk of the District Court
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for formation of the district. After being declared a fire
2 protection district , to develop a budget , establish means and
3 sources of financing , order equipment , hire chief and firemen,
4 establish management and training program, design and submit
5 bids for structures to house equipment , and purchase property
6 for the facilities ; and 1975 , construct the facilities to
7 house the equipment and personnel and implement the training
8 program. In 1976 to 1980 are investigate feasibility of con-
9 structing facilities at the Weld County Airport with a possi-
10 le joint venture for financing by the district , Weld County ,
and City of Greeley; increase full time personnel , establish
12 the rescue units and establish the fire prevention program.
13 The committee for the formation of the Western Hills
14 Fire Protection District , after several months of exhaustive
15 study and work by many people , feels there is a very definite
16 need for a fire protection district in the area described for
17 the protection of life and property. This district is essen-
is tial , due to the high population density in the area and also
19 due to the inability of other fire departments to adequately
20 serve the rural area of the district.
21 A study of the location of the two fire stations for
22 the proposed district has shown a maximum time to respond to
23 the scene of an emergency call of ten minutes to the further-
24 ost corner of the district.
25 The facilities and service to be supplied are
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1 compatible with adjoining fire districts and will complement
2 overall fire protection in the county. Mutual aid agreements
3 ith other fire departments in the county have been investiga-
4 ted and are planned.
5 Based on the information included in the service
6 plan and related documents , the committee for the district
7 prays for a favorable recommendation for the formation of the
8 estern Hills Protection District.
9 MR. COLWELL: Thank you, Mr. Rice. Do the
10 commissioners have any questions?
11 MR. BILLINGS: I would have one at this time.
12 n page 3 , you indicated the location at 13th Street and First
13 venue. I think the record should be explained to anybody
14 that that isn' t the exact location.
15 MR. RICE: That has been changed and did
16 of get changed in the service plan unfortunately. That
17 location was changed for many, many reasons , and the Planning
18 ommission also requested that the station be moved further
19 to the east in the district.
20 MR. BILLINGS: Do you have an exact location
21 t this time?
22 MR. RICE: Yes , this is Highway 34 just
23 est of Daffodil.
24 MR. BILLINGS: Let the record then show there
25 is introduced in evidence a correction to page 3 as to
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1 location of the proposed fire district in that area .
2 MR. MOSER: The other one remains the same?
3 MR. RICE: At 51st Avenue and 20th Street ,
4 yes.
5 MR. COLWELL: Of course , anyone here has the
6 right to testify in this matter; I assume they also have the
7 right to ask each witness questions if they wish. Does any-
8 one have questions?
9 MR. JEPPSON: My name is Nilo Jeppson. I p
10 live at 1907 14th Street. I represent Clover Club Food Com-
11 pany at 2626 8th Avenue. Does all the property automatically
12 et covered or do we have to petition to get the individual
13 usinesses in this area?
14 MR. RICE: The property is automatically
15 included. Of course , I will stand corrected by Mr. Kelep if
16 a disagrees. Unless the business petitions out and has an
17 ssessed valuation of $25 ,000. If it ' s over $25 ,000 you have
18 o petition to be in it.
19 MR. JEPPSON: You have to petition to be
20 aken out?
21 MR. RICE: They will be in automatically.
22 f they want out , they will have to petition to that effect.
23 MR. MAMLIN: My name is Morey Mamlin, 1830
24 lenmere Court , and I am here in the interest of the Elks
25 odge on 35th Avenue and 1-34. As a non-profit organization,
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1 ould we also be levied at 7.3?
2 MR. RICE: The Elks Club , American Legion,
3 nd VFW are the three that come to my mind immediately that
4 re the non-profit , non-taxable entities within our district.
5 hese properties can not be taxed by law. If, I can stand
6 corrected, Sam, the inclusion in the fire district is not
7 utomatic for these people. These people actually are auto-
s atically excluded and would have no fire protection unless
9 they were to request from the district to be included in the
10 istrict. We have discussed this with the committee. The
11 ommittee has said that we will accept any non-taxable enti-
12 ties in the district if they will contribute costs to the
13 district on an equitable basis on all of the property.
14 MR. MAMLIN: And how much time would we have
15 to ask to be included in this?
16 MR. RICE: Again I may stand corrected;
17 owever, I believe that the letters can be turned over to
18 the district prior to the public hearing at District Court.
19 therwise , it would have to be done by formal petition.
20 MR. COLWELL: I think the question has been
21 aised in so far as , Mr. Telep , at this time that all the
22 roperty is included in the district unless a petition is
23 filed to exclude the property, and the grounds for exclusion
24 are basically that the property is a manufacturing or business
25 type of property and its valuation is in excess of $25 ,000.
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1 o all of you people--for instance , the Elks Club--it will be
2 in the district unless petitioned out , and they would have
3 o basis to petition out. First of all , they do not pay
4 taxes , and second , they are not the type of business to
5 qualify.
6 MR. BILLINGS: What did you mean by your last
7 sentence there that such organizations as the Elks , VFW, and
8 AV would be included in the district , but are non-taxable ,
9 nd I would assume that for that fire protection they would
10 robably have to pay some type of fee; is that right , Sam?
11 MR. TELEP: Not necessarily. Legally, they
12 don't pay taxes.
13 MR. BILLINGS: I realize that , but we are also
14 including some large areas in the district without any taxa-
15 tion or without any dollars flowing into this , and I think
16 there are probably other people who don't understand.
17 MR. TELEP: As far as I know, they would
18 of be paying taxes. However, we would go into the matter
19 ore deeply because after--assuming that the Board of County
20 Commissioners approves this district--they will have another
21 hearing just like this which would be a hearing de novo , and
22 if there are any contestants , they would have another crack
23 at this.
24 MR. MAMLIN: Do I understand we are automati-
25 cally in the district and don't have to file to be included?
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1 MR. COLWELL: That ' s our interpretation. The
2 atter of service , this question I am not able to answer right
3 at this time.
4 MR. MAMLIN: Do you have any information
5 bout how we would be assessed for this service?
6 MR. COLWELL: That also I couldn' t answer at
7 this time. I don' t think the committee or Mr. Kelep or my-
g self are in a position to answer that question today.
9 MR. RICE: I assume it could be worked out.
10 MR. ODENBAUGH: I am D. B. Odenbaugh, 2520 50th
11 venue. Where do we stand then with the golf course club
12 ouse , the Aims College , and the airport , as far as income is
13 concerned for this district? Are we going to miss out on
14 three other organizations? Where do we come in with them?
15 MR. RICE: Well, again the committee has
16 studied this to some extent. The Greeley Golf Course out
17 est of town I am going to assume for the moment and then I
18 ill ask for clarification, that the City of Greeley would
19 cover for fire protection. Bruce , can I get possibly an
20 answer from you or from Irma as to will the city cover the
21 olf course out there?
22 MR. FORBES: I am Bruce Forbes from the
23 reeley Fire Department. All I can answer at this time is
24 that I do have a directive from the city manager that we will
25 continue to protect the property that belongs to the City of
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1 reeley.
2 MR. RICE: So the golf course does belong
3 to the city. There is , my understanding, joint ownership of
4 the airport between the city and county, so, therefore , the
5 city would be continuing to answer alarms at the airport , alon
6 ith the Western Hills Fire Protection District , because there
7 is private property out there at the airport. There is air-
s craft privately owned and taxed and, therefore , we will also
9 ave to answer alarms there.
10 MR. ODENBAUGH: I would like to know who the
11 en on the committee are and where they live.
12 MR. RICE: On the committee , I was probably
13 one of the first ones to serve , as for the lack of a better
14 term, regarding the proposed district , because when I picked
15 p the newspaper one night and saw the city was not going to
16 ive me any more fire protection, I panicked. I said, "I
17 have to have some protection; I can not get along without
18 fire protection. " I don' t know how many in this room today
19 have ever gone through a fire in their home. We have in this
20 country generally a very apathetic attitude toward fire , and
21 believe me , if you have ever gone through one--in my married
22 life I have gone through one--and you can panic very easily
23 hen someone tells you your house can burn up with you and
24 nobody will help you. Darrell Idler was the second, but
25 where I live at 2326 51st Avenue , Darrell lives on up on
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1 2nd Street between 50th and 51st Avenue , and he also became
2 ery concerned about this fire protection. We , together,
3 ent to City Council the first time to talk to them about
4 his , and it was a closed issue as far as the city was con-
s erned. They passed the resolution and they were going to
6 ive no more fire protection. This is why we got started.
7 MR. COLWELL: Anything more from the commis-
8 ioners?
9 MS. McELROY: I am Kay McElroy. I live a
10 ile northeast of Greeley. What is the city's annexation
11 olicy in the near future? I'd like to know that for one
12 uestion.
13 MR. RICE: I am sorry. I am unable to
14 nswer that question because I am not on a city planning or
15 ity council. However , we do have some representatives of
16 the city.
17 MS. PRINCIC: I am Irma Princic , city council-
18 oman from the City of Greeley. The reason Greeley decided
19 a can no longer provide free protection for this area is
20 that we are liable for suit from any taxpayer who seeks re-
21 lief for outside fighting of a fire. This has happened in
22 the State of Colorado. Where did it happen? It happened in
23 ittleton. The other reason is that the majority of fires in
24 this area are brush fires . They are not residential types of
25 fires , and this is a terrible burden on our fire department
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to have to go out and chase these all the time with the idea
2 of a suit hanging over yourself. The city' s policy on annexe-
; tion at this time has been that we would consider each annex-
4 ation in terms of its impact on our sewer and water, because
5 our sewer in particular is practically at maximum capacity
6 right now. We are in the process of updating the city's ex-
7 tensive plan. We are in the process of seeing how we can
8 improve our sewer. I think annexation would have to be con-
9 sidered in light of the district as well as what we can serve
10 them with. I don't know if the city will ever go northbound
through the river; the Poudre River is more or less a natural
12 boundary. It is more and more in terms of a natural boundary.
13 The city will grow, but if it--I can' t say we won' t , but we
14 are not going out and annex chunks of land. We have a com-
15 mitment to the fire departments as well, I feel, but I am
16 one person on the city council; but this is the general feel-
17 ing on city council, that we are not annexing.
18 MS. McELROY: Does the gentleman on the com-
19 mittee that lives adjacent to the municipal golf course feel
20 his area should be annexed since it is surrounding a municipal
21 area and serviced by municipal facilities?
22 MR. IDLER: No, ma 'am, I do not. We moved
23 out there because we wanted to be out in a rural area rather
24 than in a metropolitan area , and that 's why we chose that
25 home , and we have no interest in annexing to the city at the
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. 1 present time.
2 MS. McELROY: Does it seem logical to assume
3 that the city would consider forcing an annexation of that
4 area as well as Aims College?
5 MR. RICE: We have been told that an area
6 that is one hundred percent residential does nothing for the
7 city , and we really don' t contribute that much to the city
8 s far as annexation is concerned, and they really are not
9 looking for that annexation, a strictly residential area.
10 MS. McELROY: I have one other question. Then
I will be quiet. Raw farm land with no buildings , is that to
12 e included in the tax base?
13 MR. RICE: Absolutely, correct.
14 MS. McELROY: Does that not seem rather un-
15 fair?
16 MR. RICE: I would assume that would be
17 p to you to determine that.
18 MS. McELROY: I would suggest that it would
19 e unfair.
20 MR. COLWELL: All of you will have a chance
21 o talk. Unless you have a specific question of this witness-
22 MS. PRINCIC: There is one other comment I
23 ould like to make. The City of Greeley pays $500,000 a year
24 or fire protection, and that is with no indebtedness for
25 uildings or capital improvements. Salaries alone , and the
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1 committee did look into a contractual basis with the City of
2 Greeley. We have a class four rating , which means we have
3 about 24 men per station, 12 out in stations two and three ,
4 and 24 downto; 1, and this is a lot for salaries . We have
5 sufficient salaries , and the taxable income could meet the
6 salaries that would have to be paid by the City of Greeley.
7 By going to a volunteer fire department , it would bring your
8 costs down a great deal , because you are not paying the sal-
9 aries , and you have mutual aid from the City of Greeley , which
10 eans if you have a fire which you need that city equipment
11 on, it is there. As I said, without the district and mutual
12 aid , the City of Greeley is putting itself in terrible lia-
13 bility by taking on outside of the city.
14 MR. COLWELL: Thank you.
15 MR. HERTZKE: I am Lawrence Hertzke , 4525
16 est Thornton. In regard to annexing to the city, as was
17 entioned a minute ago, if and when you want to annex to the
18 city, are you still a part of the district or do you have a
19 choice of fire protection district you want to be in?
20 MR. RICE: No , once annexation is completed
21 or a piece of ground to the City of Greeley, you are no long-
22 er a part of the district and are no longer taxed as the dis-
23 trict , with the exception of that mill levy which you are
24 paying for the general obligation bond. That must be con-
25 tinued until they are paid off.
- 23 -
1 MR. HERTZKE: In other words , this first 7
2 and a half mills for 20 years?
3 MR. RICE: No, no. That is what is anti-
4 cipated, 2.87 mills .
5 MR. HERTZKE: So we would be obligated for
6 the next 20 years?
7 MR. RICE: That's right.
8 MR. HERTZKE: But no other future bonds or
9 this type of thing?
10 MR. RICE: No, sir. It would be complete-
11 ly outside of the district at that point.
12 MR. HERTZKE: But you will be obligated for
13 that portion?
14 MR. RICE: For the initial bond, yes.
15 MR. COLWELL: Thanks , Mr. Rice. We will call
16 arrell Idler.
17 DARRELL IDLER
18 eing produced, and being first duly sworn, was examined and
19 testified as follows:
20 EXAMINATION
21 BY MR. COLWELL:
22 Q Would you state your name please?
23 A My name is Darrell Idler and My address is 5021
24 est 22nd Street in Highland Hills.
25 Q And what is your employment , Mr. Idler?
- 24 -
1 A My employment is with the consulting engineering
2 firm of N.H.P. & Q.
3 Q Did you also serve in any capacity on the steering
4 committee concerning the proposed Western Hills Fire District?
5 A Yes , I served as acting secretary-treasurer for the
6 district.
7 Q Why don' t you briefly tell the Commissioners and
8 the audience here your feelings concerning the district and
9 your feelings concerning the service , if any, that you are
10 receiving at this time and your feelings concerning the dis-
11 trict in general.
12 A In general my sentiments are the same as Howard' s
13 here , due to the fact that we were notified of no fire pro-
14 tection in the forthcoming future. As a resident of the
15 area , I, too , was concerned and as has been stated here , felt
16 that we needed to do something about it; and I voted to put
17 forth such efforts as possible to get fire protection in
18 this proposed district.
19 Q Now, Mr. Idler, were you also active in the circu-
20 lation of petitions that were filed with the District Court
21 for the formation of this district?
22 A Yes , I was.
23 Q Could you just give the Commissioners and audience
24 an approximate figure of how many people signed the petitions?
25 A Several petitions were circulated for a short
- 25 -
1 period. We had in excess of one hundred and twenty-five , as
2 I recall, petitioners signing in favor of formation of the
3 district.
4 Q And as far as you recall , these people either re-
5 sided in the district or owned property in the district?
6 A Yes .
7 Q Is there anything that Mr. Rice may have omitted
8 r that you feel would be of interest to the Commissioners
9 r audience today, anything further?
10 A I can' t think of anything right off hand that
11 ight be added.
12 Q Do the Commissioners have any questions? Anyone
13 ere like to ask this witness a question? Thank you, Mr.
14 Idler.
15 MR. COLWELL: We call Mrs. Louise Warner.
16 LOUISE WARNER
17 eing produced, and being first duly sworn, was examined and
18 estified as follows:
19 EXAMINATION
20 Y MR. COLWELL:
21 Q Would you state your name, please?
22 A I am Louise Warner. I am employed at Birch Avenue
23 anor as administrator of the nursing home by Geriatrics , Inc.
24 Q And where is the nursing home located?
25 A Our nursing home is located east of Highway 34 at
- 26 -
1 1819 Birch Avenue immediately south of McDonald's , just east
2 of the market.
3 Q Referring to Petitioner's Exhibit B, would your
4 ursing home be located in the area of proposed boundaries
5 of the district?
6 A Yes , sir, within the district.
7 Q And do you have any feelings about the district?
8 A Yes , I do.
9 Q What are those feelings?
10 A As a nursing home administrator, I am sitting out
11 there with 75 people who are totally protected by me, who
12 ave no fire protection except the emergency provision that
13 the city is now giving us and extending to us. Of course ,
t4 a are on the priority rating with the city as long as this
15 fire protection district is viable and working towards its
16 completion. I will not be licensed by the state as a nursing
17 ome if this fire protection district is not here. We have
is ven investigated owning a fire truck of our own in order to
19 eet state requirements. Also, just having a volunteer dis-
20 trict does not serve the state requirements for a nursing
21 ome. You may sit in your home with your grandparents or
22 our parents and say you have enough protection for them, but
23 our laws and my laws by the state require much more of that
24 for me where I am responsible for all these other people.
25 hould the nursing home become a hay barn, which it might be ,
- 27 -
1 with 35 nice bathrooms in it , not only would the 75 people
2 have to seek residence elsewhere , but also fifteen employees
3 who are a part of the community , who are responsible citizens ,
4 and who would be left without a source of employment.
5 MR. COLWELL: Thank you, Mrs. Warner. Would
6 you Commissioners care to inquire any questions? Thank you.
7 e will call John Haley.
8 JOHN HALEY
9 being produced, and first duly sworn, was examined and testi-
10 fied as follows:
11 EXAMINATION
12 BY MR. COLWELL:
13 Q Would you state your name please?
14 A John Haley.
15 Q Where do you reside , John?
16 A I reside at 5212 Arrowhead, which is outside the
17 district , but I own property and I am the president of Nelson,
18 Haley, Patterson and Quirk, which owns property within the
19 district.
20 Q You have been somewhat active in the steering com-
21 ittee activities , have you not, John?
22 A Yes , Ken, I have been active not only since the
23 situation has developed with the city council, but long be-
24 fore as a property owner and manager of a business that has
25 quite an involvement located in the Highland Hills area . We
- 28 -
1 ave been concerned about fire protection for many years .
2 ruce Forbes and myself have , I don' t know, five or more years
3 go , attempted to find a resolution to this fire protection
4 roblem. We circulated petitions once before to have a fire
5 istrict formed in the vicinity of Highland Hills , Aims Col-
6 ege , my office , and so forth. We were unsuccessful at that
7 ime in stimulating the necessary interest to bring it to
8 his stage. We certainly endorse , support , and encourage the
9 reation of the Western Hills Fire Protection District for
10 any, many reasons , not only as an individual, but as a pro-
11 essional and a person who represents several clients within
12 he district.
13 MR. COLWELL: Do the Commissioners care to
14 'nquire of this witness? Anyone else?
15 MR. BOYES: I am Stan Boyes. I live at
16 105 51st Avenue. There are questions for verification. Do
17 ou--Mr. Rice said that the land requisition would be $16 ,000;
18 s this correct?
19 MR. RICE: Yes.
20 MR. BOYES: I understand that Aims College
21 as offered to give this district an acre of ground to put
22 his station on. Has this been looked into at all or is this
23 easible?
24 MR. RICE: To answer that question fully ,
25 he ground for the station on the east side of Greeley has
- 29 -
1 been donated. All of this has taken place , so the $16 ,000,
2 of course--we can keep putting this out--we are still in the
3 process of discussing with Aims College the possibility of
4 ground for the station on the west side of Greeley. This has
5 not come to fruition as yet , and we do not have a firm com-
b itment that they will donate the ground.
7 MR. HALEY: If I may comment to that , there
8 is a legal question in the mind of the board as to whether
9 they are authorized to indulge in the commingling of funds
10 and purposes. As their advisor , and I hope I am making state-
11 ents that are not contradictory here , as their advisor , we
12 are concerned as to any fire stations being located on the
13 campus itself. This is an emergency operation, high speed
14 vehicles , etc. , going through the campus , which is designed
15 for the students to be able to walk. We are advising them
16 to go very cautiously and carefully before they make any com-
17 itments on these lines on the grounds that it may work
18 against their function.
19 MR. BOYES: Question number two: What
20 assurance do we have that insurance rates will go down? Has
21 this been looked into, if we form this district?
22 MR. RICE: The only assurance we have at
23 the present time is that the Fire Insurance Rating Bureau has
24 informed us that once the fire district is effective , we will
25 go to a class nine rather than a class ten. This will give us
- 30 -
1 some reduction of fire rates , but not a substantial amount.
2 MR. HALEY: If I may, I would like to com-
a ent. We have over a million dollars of property there in
4 our two buildings and this , of course , is real concern to us.
5 It is our opinion, though, Stan, that the reductions in in-
6 surance rates are just not adequate , at least for the bulk of
7 the district. It so happens that near our building we have
8 the fire hydrant , the water pressure , the facilities there ,
9 so Ireally believe we can get the same kind of fire protec-
10 tion if we have the mobile equipment. However, for anyone
11 to present this as a primary motive for creation of the dis-
12 trict , I think, would be at least in my opinion, is mislead-
13 ing. The things I am looking to , of course, is the value of
14 our property and protecting it actually from fire and, of
15 course , representing views of the Aims district , the nursing
16 ome , American Legion, these others which are--Elks Building ,
17 designed, these are all tax free organizations , but each one
18 of them assembles many hundreds of people , each one of them
19 as millions of dollars worth of property there that needs
20 to be protected. It ' s our interest to protect the life and
21 roperty, at least speaking for myself, and not trying to
22 'ustify it strictly on the basis of cost , because I don' t
23 think it can be done.
24 MR. COLWELL: Thank you, Mr. Haley.
25 MS. McELROY: Well , you spoke of having city
- 31 -
1 facilities , fire fighting facilities , right at your doorstep.
2 MR. HALEY: Yes , ma 'am.
3 MS. McELROY: Now, the rest of us do not enjoy
4 that privilege and at the same time we are getting into the
5 situation that in the very near future these are going to be
6 city fire stations.
7 MR. HALEY: Speaking personally, that would
8 suit me fine.
9 MS. McELROY: Do you have written into your
10 proposal what happens when the city annexes and these become
11 city fire stations?
12 MR. COLWELL: Any proposed annexation of
13 Highland Hills has to be a long way off. The city has to be
14 adjacent to the area for annexation, and as far as I know,
15 they are still two miles away.
16 MR. BILLINGS: Under that , Sam, the city limits
17 have to be contiguous to anything they annex. They can own
18 property out in the county, but they can not annex around
19 that property; for instance , the golf course , unless it' s
20 for the same purpose they are using that property for, en-
21 larging the golf course or sewer system; is that correct?
22 MR. TELEP: That 's correct , and I think a
23 further observation is that when that golf course was first
24 built , it naturally entailed building a club house , and it
25 seemed that years ago, maybe the city did--I live on 54th
- 32 -
1 venue , I had better keep quiet--but I do live there , and
2 here is a fire plug within 50 yards of my house , but if a
3 ire truck doesn' t come , that isn' t any good.
4 MR. COLWELL: Any other questions?
5 MR. ODENBAUGH: The thing that bothers me is we
6 re sitting in a district that ' s probably ten percent county
7 opulation maybe , just guessing at that figure , that ' s in for
g ire protection for organizations. It' s county beneficial,
9 ounty-wide beneficiary. It seems to me there' s a little un-
10 airness there to expect this small area to pay fire protec-
11 ion facilities that county population benefits from. Why
12 houldn' t there be some support from those organizations , the
13 ollege , airport? Half of it will be taken care by the city
14 nd half by the fire district , non-profit organizations that
15 a have got. They are individually paying their own way ,
16 ut they are still not obligated in anyway to help support
17 his protection.
18 MR. RICE: If I could give part of the
19 nswer, as far as help from organizations , the Elks Club is
20 the only non-taxing entity that we have not received a com-
21 itment on an equitable basis on all the properties , and I
22 hink I have at least a partial answer as to why doesn' t the
23 ounty help us. The county has very graciously helped us in
24 he formation of this district , and they are also giving to
25 s two trucks for tanker trucks through the Weld County Civil
- 33 -
1 efense. The only cost to the district would be the conver-
2 sion of these trucks to tankers , and then we get a fifty
3 ercent matching Federal funds for the conversion, so we are
4 ery definitely getting financial help from the county, also
5 ecause these trucks , even though they came from the Federal
6 overnment , are given to the county, not to the fire depart-
7 ent , and the Civil Defense Agency has turned these over to
8 the district for their use as tankers. So we are getting
9 upport from the people , the other organizations; the Elks
10 lub is the only one that has yet to give us a commitment.
11 MR. BILLINGS: I might answer that question a
12 little further. I think this area we are talking about today
13 nd one other small existing area down in Firestone are the
14 my areas in Weld County that are not covered by fire dis-
15 ricts where there has been participation by the county.
16 MR. ODENBAUGH: I expect a long time back the
17 ounty didn' t have fire protection either. We got along ,
18 hich is not the way to look at it. We are setting up here
19 ow with 7.3 mill levy proposed against us. It is next four
20 oint something , the next one is three point something. In
21 ther words , this fire district is more interest than a few,
22 ay over double the assessment that the other fire districts
23 ithin the county is.
24 MR. BILLINGS: Well, as I understand it--if I
25 m wrong , the county attorney can correct me--the people
- 34 -
1 within the district will have a right to vote on the bonding
2 once this is all put together or approved, so you will have
3 that choice of deciding whether you want it. Here today we
4 are to have this hearing and see what the majority of the
5 people feel and what is needed, and then either the Commis-
6 sioners will turn this down as not being feasible or will
7 move it to Court where it will be set up for a regular vote
8 of the district and all this. Isn' t that correct?
9 MR. TELEP: You are right , Mr. Chairman,
10 and I might add that no matter what action this Board takes
11 here today, after this hearing there will be another hearing
12 just like this , and call it a hearing de novo , all over again
13 in the District Court before this district can ever come into
14 fruition, and the same questions can be asked, so the Court
15 can modify what is done here or reverse. I don' t know what
16 is going to happen. I hope that will explain it a little
17 further.
18 MR. COLWELL: Go ahead. You had another
19 comment.
20 MR. HALEY: Yes , I think the question that
21 was raised by Mr. Odenbaugh has stimulated something. I am
22 certainly not speaking for anyone else other than my own
23 business , but as a businessman, I am quite impressed and
24 pleased with the fact that although we have some very large
25 tax bases located in this yellow area , the Farr Farms Company ,
- 35 -
1 reat Western Sugar , we have right here Clover Club, we have
2 our own facilities--there are many , many tax bases that could
3 eve removed themselves by petition under the ground rules ,
4 hich say anyone with over $25 ,000 assessed valuation can
5 petition out. To my knowledge , none of these responsible
6 usinesses have taken, made any move to do this . In other
7 ords , they are prepared to pay their fair share. I am cer-
8 tainly confident they are all as concerned as I am about the
elfare of their own business , but even though this is an
10 dditional tax bite , I haven' t seen any businessman--and cer-
it tainly when you talk about the cattle feeder and people like
12 this , and those cows , maybe you can burn them up , but it
13 isn' t very likely--they haven' t attempted to take their pro-
14 erty out of the district; and it certainly speaks , in my
15 opinion, for the validity of what we are trying to do.
16 MR. COLWELL: Thank you. I would like to call
17 r. Rice back for just a minute. There are a few questions
18 efore we conclude our presentation.
19 HOWARD RICE
20 REDIRECT EXAMINATION
21 BY MR. COLWELL:
22 Q Now, you have been sworn. I would like to ask you,
23 have you received any communication from the towns of Garden
24 City or Rosedale concerning their desires or preferences in
25 this regard?
- 36 -
1 A Yes , we have included in the Service Plan as Exhibit
2 Four, which is a letter from the mayor of the Town of Rose-
3 ale , Mr. E. Kendrick. "To Whom it May Concern: The under-
4 igned, as mayor of the Town of Rosedale , Weld County , Colo-
5 ado, hereby certifies that the Town Board is willing to be
6 ncluded within the boundaries of Western Hills Fire Protectio
7 istrict. " We also have a letter from Mr. Harold Folkers ,
8 ayor pro-tem of Garden City. "The undersigned as Mayor pro
9 em in the absence of the Mayor, hereby certifies that the
10 own Board is willing to be included within the boundaries of
11 estern Hills Fire Protection District. "
12 Q One last question. I think this will be of help to
13 he Commissioners and certain members of the audience. You
14 ere faced with a problem of defining the boundaries of this
15 istrict and in so far as I am aware , the district is sur-
16 ounded by other fire protection districts at the present time,
17 ould you tell the people here how you arrived at including
18 he area you see included?
19 A Well, the reason that the boundary is chopped up ,
20 he way it is around the area , is because it was our intention
21 o include every piece of property around the City of Greeley
22 hat is not now included in some other fire protection dis-
23 rict , the reason for this being that we did write letters to
24 he other fire protection districts that surround us . This
25 etter reads as follows , which went to them: "As you are
- 37 -
1 probably aware , a new fire protection district is in the
2 organization process at this time. Proposed Western Hills
3 Fire Protection District will include all of the area sur-
4 rounding Greeley not now in a fire protection district.
5 Organization of the district requires statements from all
6 other fire protection districts in the area--stating that
7 each district does not intend to provide fire protection
8 service by annexation within the proposed fire protection
9 district. A brief letter to this effect is enclosed for your
10 signature , and we would appreciate its return just as soon
11 as possible in order that letters may be attached to the
12 organization documents. " These letters were sent to all of
13 these districts. They have all been signed and returned
14 and are included in the Service Plan.
15 MR. COLWELL: Howard, did the Planning Com-
16 mission indicate to you a preference for your type of
17 determination of boundaries or did they prefer to have you
18 concentrate the area, for example, down around Garden City
19 or Highland Hills?
20 A Well, if I could , I would like to go back to when
21 we very first started forming a district. I live out on the
22 west side of town, so , therefore , I was primarily interested
23 in the fire protection for the area in which I live out here
24 in Highland Hills on the west side. We found a natural
25 boundary , so to speak, up here on the north of here at this
- 38 -
1 point , well , just in this area (indicating) on the west side
2 of town; this was all we were concerned about , and the com-
3 mittee was formed to form a district on that side of Greeley.
4 In the process of talking to the different government agen-
cies here in Weld County , city , and so forth, the question
6 consistently came up, why didn' t we talk about all the area
7 that is not going to be served. Well , to be very frank, the
8 initial stages I panicked from the standpoint of fire pro-
9 tection for my house; I was a little bit selfish; I was
10 only concerned about this side of town, only this . I lived
11 on the west side because that was my preference. Then we
12 discovered that there was a group of people out here (indi-
13 sating) that were going to form a fire protection district.
14 It was then I took the soft bite , so to speak, and as you
15 are probably aware , we have been many months at this , many
16 dollars , many people working on the documents that must be
17 filed, the study that must be undertaken, and all of that
18 effort was going to have to be duplicated over here. That
19 same group was going to have to come here and hold a hearing
20 the same way , so rather than stay on the west side as we
21 originally started, we then got together with these people
22 and said we will form a district for the whole area and take
23 in all of the property that is not now protected by some
24 other fire protection district , and that ' s the reason it
25 has been chopped up around the outside. In discussing it
- 39 -
1 with the county people , we said, "Well, what would happen
2 if we got a bunch of people out here that don' t want in a
3 district? They own a big block of property. Couldn' t we
4 just leave them out?" They said , "Sure , draw your own
5 boundaries , but we are going to take a very dim view of
6 leaving one small chunk of ground in this huge massive area
7 completely unprotected, so that no one would go out there in
8 the event of an emergency and give these people aid. " That ' s
9 how the boundaries were chosen and why.
10 Q Thank you, Howard.
11 MR. COLWELL: Did you have a question?
12 MR. JEPPSON: I just wanted to second what
13 Mr. Haley said. We at Clover Club have a sizable investment
14 out there , but we feel it would be money well spent to pro-
15 tect the employees and my job. Even though I live in the
16 City of Greeley, I am very much interested in what goes on
17 out there. We will be paying a sizable portion of this just
18 like Mr. Haley and other businessmen. Another thing is a
19 loss of life. It' s hard to put a dollar value on loss of
20 life. If we can have this protection, maybe we will save
21 some lives on it , too.
22 MR. COLWELL: Thank you. Ladies and Gentle-
23 men and Board of Commissioners , we could present other people
24 who have signed the petition. I think perhaps we have pre-
25 sented our viewpoint , and we would like to have the
- 40 -
1 Commissioners continue the hearing in the manner they see
2 fit.
3 MR. BILLINGS: Are there any other questions
4 of people who oppose this?
5 MR. HERTZKE: I would like to ask Howard,
6 what is your system or thinking on fire plugs? Do you have
7 anything at all designed in this area or what can we expect?
8 MR. RICE: You mean in the way of install-
9 ment of fire plugs in the future?
10 MR. HERTZKE: What kind of system?
11 MR. RICE: I do not recall exactly what
12 it called for in the way of fire hydrants in the outer or
13 urban rural areas , but there was a certain distance they
14 were required.
15 MR. BILLINGS: Our subdivision regulations
16 require where the hydrants have to be and size and all that.
17 It's built in the regulations. Mr. Lorenson.
18 MR. LORENSON: The space is to be no more
19 than one thousand feet from another plug or without that ,
20 two plugs. They would have to be--there is required to be
21 fire protection within five hundred feet of any plug. If
22 there is not another plug that would cover that same area ,
23 the maximum distance is one thousand feet , and the hose
24 lengths , I think, were determined at fifteen hundred feet ,
25 would be the maximum radius of it. There is also--when the
- 41 -
regulations were written, we did confer with the City of
2 Greeley , City of Fort Collins , and a number of other agencies
3 that do provide fire protection, and there was a standard
4 type plug that was set to be placed on six-inch lines as a
5 minimum size of line size and a minimum dynamic pressure of
6 20 pounds per square inch, which indicates that while the
7 hoses are running , that there will still be 20 pounds pres-
s sure. We can' t guarantee this , but we try to determine that
9 by subdivision or any other development that the line size
10 is there , the hydrants are there , the distance is proper ,
11 and the pressure is proper , and furthermore that the truck
12 coming out to use them would be able to hook their hoses on
13 to them.
14 SPEAKER FROM AUDIENCE: Mr. Chairman, we have a
15 variance as far as line size and availability of the water.
16 How can we make this in the district? Those of us who are
17 on main lines , can the district , through the city , tap these
18 lines , bring the water out by the main lines? Will the dis-
19 trict have the opportunity to tap these lines to put a
20 hydrant wherever r_ is possible?
21 MR. BILLINGS: Chief Forbes , are you in a
22 position to answer that?
23 MR. FORBES: I think I can correct part of
24 the feeling , that those are subdivision regulations. That
25 means if a certain part of that property is subdivided and
- 42 -
1 developed , then these standards come into force as to the
2 sites of mains and hydrants. That doesn't mean to say that
3 in a rural area it is necessary to lay six-inch mains and
4 hydrants. You certainly could if you desired to do it , but
5 that doesn't mean it' s mandatory. This is only the regula-
6 tions that govern as it 's subdivided and developed , not to
7 change what is already existing there; and I looked at Irma
8 just a minute ago. I can' t answer on would you be able to
9 tap if there is availability of a main. There I would
10 assume that you probably could , and I can be corrected on
it that , but it would go through the regular procedure for
12 tapping.
13 MR. BILLINGS: I would assume that would be
14 on a cooperative basis of the City of Greeley and this dis-
15 trict.
16 MS. PRINCIC: I would think so. First of
17 all it ' s a good reason, and we get water that way , so I
18 don' t feel there would be any problem with that. For those
19 places without fire hydrants--
20 MR. BILLINGS: I think the majority of this
21 area is covered by North Weld Central Water District , and
22 they do have fire hydrants , and I would assume that since
23 this water is served to those areas that those hydrants are
24 available. In fact , I would almost insist on it. Are there
25 any other questions? If not , then at this time before we
- 43 -
1 get into any testimony in opposition, I would like to have
2 all those who are in favor of forming this fire district
3 stand please.
4 (Whereupon those standing were counted. )
5 MR. BILLINGS: We have 20. Thank you. Now,
6 is there anyone in the audience who is representing those
7 people opposed to the fire district , or , if not , we will take
8 any testimony that anyone individual has. Hopefully , if we
9 do not get in repetition, I would like to wind this up at
10 noon. If it takes longer , okay, but if I feel it is getting
11 into repetition, we will cut it off.
12 MS. McELROY: I guess I am the only one , but
13 I would like to state that I congratulate these men on spear-
14 heading the drive. In my own mind , I am not completely
15 satisfied as to the projection of costs and type of protec-
16 tion provided each individual, and also the tax base which
17 would be included for the assessment notices .
18 MR. TELEP: Are you on record then in
19 favor?
20 MS. McELROY: No, I can' t go on record in
21 favor of the plan presented because there are these areas
22 where I would want specific facts in regards to these various
23 items.
24 MR. TELEP: You know you can delve into
25 this much deeper at another hearing.
- 44 -
1 MS. McELROY: I understand that , and I will
2 be there. I am delving into it.
3 MR. BILLINGS: Is there anyone else who would
4 want to comment in opposition to granting this application?
5 MR. HARSH: I am Ken Harsh, 906 East 20th.
6 Can it be explained why the difference in cost of 71/2 as
7 opposed to one in Eaton and 41 somewhere else? Is it pri-
8 marily because it is a new district?
9 MR. BILLINGS: I think Mr. Rice could probe-
10 bly answer that. I would assume it has two reason, one be-
11 cause it is a completely new district and has no equipment
12 at this time. Mr. Rice.
13 MR. RICE: The main reason for the mill
14 levy being higher in this district is the 12 3/4 mill
15 assessed valuation to support the annual budget. There are
16 three districts which are larger than ours in assessed
17 values . However, to the best of our knowledge , all fire
18 protection districts surrounding this one are one hundred
19 percent volunteer fire departments. We are starting right
20 out with seven full time paid professional fire fighters ,
21 augmented by a volunteer force , so we have a considerable
22 amount of money in salaries for these paid firemen, which
23 will give us immediate response to an emergency alarm , which
24 you do not get with a volunteer department. With a volunteer
25 department , you have to depend upon someone getting to the
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1 station and getting a truck started and getting it out after
2 the alarm is sounded. With the plan we have given, the
3 response to the vehicle would be within 20 seconds after
4 the alarm sounds.
5 MR. BILLINGS: Does that answer the question?
6 MR. HARSH: Yes.
7 MR. BILLINGS: All right , are there any other
8 questions , any other people opposed who would like to com-
9 ment at this time? Seeing none, those opposed to granting
10 this application, would you stand?
11 (Whereupon those standing were counted. )
12 MR. BILLINGS: Let the record show there are
13 five present opposed to granting the application. At this
14 time , Mr. Lorenson, would you give the recommendation from
15 the County Planning Commission?
16 MR. LORENSON: Mr. Chairman, the Planning
17 Commission recommends favorably to the Board of County Com-
18 missioners for the following reasons. One , the required
19 Service Plan has been submitted in accordance with Section
20 89-18-4, Colorado Revised Statutes , the special District
21 Control Act. Two, the Service Plan appears to be workable.
22 Three , the financial statement has been checked and found
23 accurate by the County Finance Officer. Four , it is the
24 judgment of the Weld County Planning Commission that fire
25 protection is desirable, and further it supplements the
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1 Weld County Conference Plan in that it provides fire protec-
2 tion to the areas that are proposed for growth. The Planning
3 Commission did recommend that it be subject to the relocation
4 of the east fire station, further east to at least the
5 vicinity of the _Linn Grove Cemetery. This request has
6 been complied with in a change of the Service Plan. That's
7 all I have , Mr. Chairman.
8 MR. BILLINGS: Thank you, Mr. Lorenson. I
9 would like to go back to one question, so I am sure in my
10 mind and the people here. It has been discussed more than
11 anything else, that is the nontaxable organizations. As I
12 understand it , you said that all of those in that area with
13 the exception of Elks have already indicated they would be
14 a part of the district and pay an adequate fee?
15 MR. RICE: Yes , they have , the Veterans
16 of Foreign Wars , the American Legion Club , have indicated
17 their interest to be included and will give us support.
18 The Elks Club is the only one which has not given us a
19 commitment for financial support on an equitable basis.
20 MR. BILLINGS: Do you have any questions ,
21 Mr. Moser?
22 MR. MOSER: No, I don't have any questions ,
23 but I would like to say that I am a member of the Christian
24 Church on 23rd Avenue , which would fall in the fire district ,
25 and I know the board there is in total agreement to come in
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1 the fire district equitably, whatever that would be.
2 MR. BILLINGS: I think the question that con-
; cerned those opposed today is whether they are going to be
4 paying on raw land or just on buildings that exist on their
5 property, and hopefully , Mr. Rice , you and your committee
6 will have this information, whether there is a statute that
7 says it or what , that can be answered for these people at
g the following hearing in the District Court if the Board does
9 approve this; so that will give you people an answer which
to I know will be quite important to the rural area , farming
11 area. I don' t think we have too many times the corn fields
12 and beet fields burn up , but certainly you would be interest-
13 ed in your buildings. Any other questions or comments? If
14 not , I think because of the hearing today that--
15 (Discussion between Mr. Telep and Mr. Billings out
16 of hearing of reporter. )
17 MR. BILLINGS: After a little secret discus-
Is sion, he tells me I am going to do what I am going to do.
19 That 's what I am planning to do. He tries to keep me legal
20 all the time, which we really need, and I think that very
21 definitely we need to take action on this so that it can
22 move along and get into the District Court so that all the
23 people who are not here today will have time to get some
24 answers answered at that point; so at this time I would
25 entertain a motion to approve or take under advisement.
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MR. MOSER: Well , I would so move that we
2 take this under advisement for the resolution.
3 MR. BILLINGS: I have a motion that we take
4 this under advisement for action at a later date. How do
5 you vote on the motion?
6 MR. MOSER: Yes.
7 MR. BILLINGS: The Chair votes yes and says a
8 decision will be made Wednesday, either favorably or opposed ,
9 at our regular Board meeting.
10 MS. McELROY: Could I suggest that Mr. Hansen
11 be at the Court hearing with figures regarding the assessed
12 valuation involved, specific figures?
13 MR. RICE: This was furnished by the
14 Assessor' s Office.
15 MS. McELROY: Then, some solid figures there.
16 Could he bring the records?
17 MR. RICE: There are some very voluminous
18 records for anyone to carry to try to justify with so-called
19 facts the assessed value. Every piece of property has a
20 card, and these cards are monumental in size.
21 MS. McELROY: I think it would be good to
22 have it.
23 MR. RICE: He will swear that 12 3/4 mills
24 was furnished by the Assessor's Office.
25 MR. TELEP: In answer to your question,
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1 the County Assessor can be invited to come to the hearing
2 before the District Court , or subpoenaed.
3 MS. McELROY: I am sure he would come volun-
4 tarily.
5 MR. TELEP: I don' t know whether he is
6 running for re-election, but I assume he is. Anyway, he
7 doesn' t necessarily need to be there. If he is on vacation,
8 he won' t be there , so if I were you, I would see that he
9 would be there.
10 MR. BILLINGS: Any other questions? If not ,
11 we will call this hearing adjourned.
12 (Whereupon the meeting was adjourned at 11: 40 a .m. )
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