HomeMy WebLinkAbout750538.tiff 1 BOARD OF COUNTY COMMISSIONERS
2 COUNTY OF WELD
3 STATE OF COLORADO
4
HEARING ON THE PETITION OF )
5 ELECTORS FOR THE ORGANIZATION ) REPORTER'S TRANSCRIPT
OF THE FREDERICK AREA FIRE )
6 PROTECTION DISTRICT )
7
8 APPEARANCES
9 For the County: Samuel S. Telep
First National Bank Bldg.
10 Greeley , Colorado
11
For the Petitioners: Leonard H. McCain
12 601 Fourth Street
Fort Lupton, Colorado 80621
13
14
15
16
17 This matter came on for hearing before the Board
18 of County Commissioners , County of Weld, State of Colorado,
19 at 1: 30 p.m. on Monday, the 14th day of April , 1975 , at
20 the Weld County Health Department Building , 1516 Hospital
21 Road, Greeley , Colorado, for the purpose of considering
22 the Service Plan of the proposed Frederick Area Fire
23 Protection District.
24
25
Barbara Billings
General Shorthand Reporter
Platteville , Colorado
3 °coy& 750538
1 PROCEEDINGS
2 MR. BILLINGS: I call this hearing to order
3 on April 14, 1975 , and this is a public hearing for the
4 Frederick Area Fire Protection District and their new
5 proposed Service Plan. At this time , Mr. Telep , will you
6 make the record?
7 MR. TELEP: Thank you, Mr. Chairman.
8 Let the record show that this matter came on for hearing
9 this day , April 14 , 1975 , on the petition and application
10 of the tax-paying residents of the proposed Frederick Area
11 Fire Protection District , and this is brought pursuant to
12 the requirements of Title 32 , Part 2 , of the Colorado
13 Revised Statutes , 1973 , as amended.
14 In accordance with the petition as submitted , the
15 area involved is described as follows , to wit: Section 7 ,
16 Township 3 North, Range 67 West of the 6th P. M. ; also
17 Sections 17 , 18 , 19 , 20 , 29 , 30, 31 , and 32 in Township 2
18 North, Range 67 West of the 6th P. M. , all in Weld County ,
19 Colorado.
20 Let the record also show that there are in the file
21 complete lists of the petitioners , pursuant to statute in
22 such cases provided.
23 Let the record also show that the hearing today was
24 duly published as required by law.
25 Let the record still further show that submitted with
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1 the petition was a complete Service Plan of the proposed
2 Frederick Area Fire Protection District , and said Service
3 Plan was turned over to the Weld County Planning Commis-
4 sion, the same was worked on by the Planning Department ,
5 and any recommendations that will come forthfrom the
6 Planning Commission by the Planning Department can be
7 gone into in further detail and greater depth by our
8 Zoning administrator , Mr. Tom Honn, who is sitting at the
9 table with me and on my right.
10 Let the record also show that there are a number of
11 people present , and I presume they are some of the peti-
12 tioners who have duly petitioned to create this protection
13 district , and also representing the petitioners is their
14 counsel , Mr. Leonard McCain of Brighton.
15 With that , Mr. Chairman, I believe we are ready to
16 proceed. Mr. McCain, perhaps you ought to come to the
17 table.
18 MR. BILLINGS: Those people who are going to
19 be spokesmen for the protection district , if you will,
20 take some chairs to the front table; and also , for the
21 record , I would like to note that all three commissioners
22 are present , Mr. Billings and Mr. Moser and Mr. Jacobucci.
23 Our court reporter here also carries the name of Billings ,
24 and there is no relationship or conflict between the two.
25 MR. TELEP: Further I might add for the
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1 record that Mr. McCain, who represents the petitioners ,
2 perhaps would be kind enough to introduce whoever has
3 been selected or will be selected to do the testifying
4 in addition to any other remarks that will be made by
5 counsel in favor of the program.
6 MR. BILLINGS: I would also like to request
7 that all of you here either for or against this fire
8 protection district--that over on the left of that table
9 is a register--and we will need to have all of you sign
10 your names after the hearing so it can be made a part of
11 the Clerk and Recorder's records .
12 MR. TELEP: I could , with your permission,
13 Mr. Chairman, just get that going.
14 MR. BILLINGS: We will circulate that among
15 the people at this time. Also, I have a note here , and
16 I assume this has to be a part of this hearing. Mr. Leroy
17 Frank of the Union Pacific said he would not be able to
18 be here today. He is from Dacona , and I am not sure if
19 it is for this hearing or for Amoco, but either way, that
20 gentleman is not here.
21 With that , Mr. McCain , if you would like to continue ,
22 and as each one of you speak, please give your name and
23 address for the court reporter.
24 MR. JACOBUCCI: Do you have a map?
25 MR. BILLINGS: I think they will have one.
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1 MR. McCAIN: Thank you , Mr. Billings and
2 Mr. Telep. Mr. Billings , Chairman, and Mr. Jacobucci and
3 Mr. Moser , as members of the board, we do present here
4 today for your consideration a Service Plan for the pro-
5 posed Frederick Area Fire Protection District. Now, that
6 area is an area constituting nine sections . It encom-
7 passes the town of Frederick and the town of Firestone,
8 both incorporated towns , and it encompasses the unincor-
9 porated areas of Evanston and Casa Grande. Those are
10 areas approximately north , several miles northerly or
11 north of these proposed incorporated towns . Let me say
12 in my opening remarks here that this is a district that
13 encompasses land in the area that is not now in any other
14 district. I think that' s important to note. The exist-
15 ing districts in the area , fire districts , in the area ,
16 are the Dacona Fire Protection District , which lies to
17 the south, south of Highway 52. The Dacona area also lies
18 west , that is , southwest between the town of Dacona and
19 the town of Erie. The town of Fort Lupton or the Fort
20 Lupton Fire Protection District is on the east , directly
21 on the east , and then the Longmont Fire Protection Dis-
22 trict is on the north and west , so this area that' s pro-
23 posed now to come into the Frederick Area Fire Protection
24 encompasses all the available area now in that area that
25 can possibly come into any district. We think ies a
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1 viable type of plan because it does consolidate the two
2 towns of Firestone and Frederick together. This is , I
3 would say , to the Board, is an agreeable kind of an
4 approach, and I think the critical realities are necessary
5 to consider in any kind of formation of a tax-imposing
6 district. The town of Frederick owns at the present time
7 a building and some fire protection equipment , which is
8 set forth in the plan. They have a rather--well, it' s an
9 adequate building--let 's put it that way. I think it 's
10 adequate , certainly for the limited area at the present
11 time, but they also have a ' 73 van vehicle , a 1936 Ford
12 two hundred gallon pumper, and a ' 63 International three
13 hundred gallon pumper. Now, admittedly , that equipment is
14 limited, and it bears some improvement , but that' s the
15 purpose of the district , to create the kind of district
16 which would have available some funds whereby they could
17 purchase additional equipment and serve the area , this
18 nine-section area , even better than it is being served
19 now.
20 Now, of course , the Town of Frederick Fire Protection
21 District is the one that is the only fire protection en-
22 City in the area servicing any of the needs there. That
23 is , Firestone does not have a district. They depend on
24 Frederick, but they don't have any taxing funds available
25 to give to the Frederick, Town of Frederick, and also Casa
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1 Grande and Evanston are areas that are just--because
2 they are in the area--they are getting some limited service
3 by the available fire protection. This district coordi-
4 nates all those areas together, makes a taxing unit , and
5 centralizes it into this proposed Frederick Area Fire
6 Protection District.
7 The population in the area is about 2 ,500 people
8 divided in terms of the Town of Frederick, which has
9 about 800 and the town of Firestone , which has roughly
10 about the same amount , and the rest are divided up into
11 the unincorporated areas . It is an area , I would submit ,
12 that is sort of in the pathway of growth, and eventually
13 it will fill in and have a full-blown taxing effect on
14 the area.
15 The proposed area has an assessed valuation of
16 approximately two million. It's somewhat less than that ,
17 but approximately two million, the latest figure that I
18 was able to get from the Assessor' s Office , and the
19 district proposes a six mill levy on that , which would
20 raise approximately twelve thousand dollars. Now, of
21 course , that's not a lot of money , but it is enough to
22 finance purchases of available equipment , which would be
23 necessary if this whole area comes into a taxing district ,
24 and it doesn' t take into account the growth of the area ,
25 which is and could be certainly substantial as the years
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1 progress. There is no bond of indebtedness , and there
2 is not intended to create any bond of indebtedness . All
3 funds will be budgeted according to the Colorado Local
4 Government Budget Law, and this budget law gives all
5 citizens in the area the right to come and hear and take
6 part in the formulating of the budget and attend hearings
7 on that,
8 Basically, one of the reasons why it can immediately
9 have services to the area is that there is an existing
10 building , as I indicated before. That existing building
11 will be leased to the district by the Town of Frederick,
12 and this is something that will work for the benefit of
13 the whole district , of course , the whole fire protection
14 district , and it will certainly work to the benefit of
15 the town of Frederick also , because it will consolidate
16 the area , and present and make available some additional
17 funds that the Town of Frederick is not able to propose ,
18 and it will equalize the burden, the taxing burden, for
19 fire protection services in the area.
20 Agreements will have to be worked out , but it is a
21 tentative understanding and it is an agreeable approach
22 from the point of view of the Town of Frederick. I think
23 that ' s reasonably significant to have agreement in the
24 area as to what areas will take care of the service needs ,
25 the fire needs , of the areas with respect to fire protection
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1 districts. The Town of Frederick and the Town of Fire-
2 stone are in agreement with this kind of an approach.
3 Also , I am advised that the Dacona Fire Protection Dis-
4 trict , which is the district directly to the south, is an
5 area that has agreed and has submitted a letter to that
6 effect , that is , has agreed that this kind of formation
7 of a district of this kind would be in its interest as
8 well as the interest of the total area ,
9 I have together here , gentlemen, several people that
10 I would like to introduce to you and make available to
11 the Board for any questions that you may have in this
12 particular presentation. The petition set forth before
13 you, gentlemen, sets forth the names of certain electors
14 who constitute the first board of directors of this
15 proposed district , and three of those person are present
16 in the hall here today. Mr. Gilbert Vidaurri, the gentle-
17 man here in the green, from Evanston, and Mr. Gilroy
18 Fragale, the gentleman here in the brown is from Frederick,
19 and he is on the board, and Mr. John DiGregorio from
20 Frederick also. These gentlemen are the three proposed
21 board members . There are two others . The law does require
22 two other board members proposed , and that 's Mr. Allen
23 Conway and Mr. Dominec Chioda, They are not here , but
24 they have consented to serve on the board , and that , of
25 course , is subsequent to hearings that would have to take
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1 place in the Court in the event that you gentlemen made a
2 favorable recommendation here to the Court . I have also
3 present here , who is not a petitioner, but is certainly
4 an interested party, and that is Mn Joseph Fuss from
5 Dacona , from the Dacona Fire Protection District , a
6 member of the board of directors of that district , and
7 I think perhaps the author of that letter--I haven' t seen
8 the letter--but the letter from the Dacona Fire Protection
9 District recommending the formation of this , the Frederick
10 Area Fire Protection District, I think there also are
11 some other developments that as a practical matter come
12 forth in the formation of any district of this kind, and
13 that is , the Longmont Fire Protection District at one
14 time was farther to the north than this district , but
15 more recently it has taken in a petition and amended
16 its service plan to take in some more area down to this
17 particular area , now, that 's being created. There is some
18 conversation going along in certain districts whereby
19 Longmont area would be willing to surrender some of its
20 area to these other districts , either Dacona or Frederick.
21 That' s just in the very formative stages , but I think it
22 does say what happens when, say, a large area like the
23 Longmont Fire Protection District was formed , which
24 included areas in Boulder County and Weld County and
25 crossed over, and now Longmont is having a difficult time
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1 servicing some of this area farther to its south, and they
2 are willing, as I understand it , to permit these other
3 districts to take on some of that area , and , therefore , they
4 would de-annex some of that area from their district and
5 permit those sections of land to come into either the
6 Dacona or Frederick area , whichever the case may be. I
7 think that does indicate the realities of servicing an
8 area does have to make itself known, and as time goes by ,
9 areas know whether or not they can service a certain area ,
10 and if they can not service it , they like to withdraw and
11 let somebody else service it . Our plan here , we think,
12 is a very tight-fisted , closely-knit area , and I would
13 submit certainly that the plan as set forth would have
14 no difficulty servicing this area . It ' s nine sections ,
15 which would make it possible to service in every respect.
16 That's all the basic presentation I have , gentlemen.
17 I do have these three parties here and Mr. Fuss
18 available , and I would at this time , I guess , ask that
19 Mr. DiGregorio make a little remark if he would like to.
20 I would ask him some questions , and I would call him on
21 behalf of the district.
22 JOHN DiGREGORIO
23 called as a witness on behalf of the district , was examined
24 and testified as follows:
25
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1 EXAMINATION
2 BY MR. McCAIN:
3 Q Would you state your name please?
4 A John Di Gregorio.
5 Q Mr. Di Gregorio, are you a member of the pro-
6 posed board of directors of this , the Frederick Area Fire
7 Protection District?
8 A Yes.
9 Q Can you relate to the Board here the basic back-
10 ground of the creation and the thought behind the forma-
l! tion of this particular fire protection district , if you
12 would?
13 A Yes , I can do that. I've belonged to the volun-
14 teer fire department for the last 28 years , As long as
15 I remember, the proposed land or district involved in this
16 creation of a fire district never had any protection what-
17 soever, but fully depended on the Frederick Fire Depart-
18 ment. We have 25 members , active members , right now, and
19 we serve all this area named on the petition that Mr.
20 McCain specified. At this point Frederick, the town it-
21 self, absorbed all the expenses , maintenance, housing , and
22 everything, of the present equipment that we have and
23 was assisted by other voluntary donations towards expenses.
24 And they come along , like Mr. McCain explained, that things
25 are getting bigger, it 's a future growing area , and
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1 something' s got to be done to protect these new homes
2 and other parts , buy new equipment , which in due time
3 will have it , which Frederick couldn' t afford otherwise;
4 and the fire department itself could get together and we
5 come out of this suggestion that we proceed about it.
6 Q How does the Town of Frederick itself, the
7 governing unit , the town board , how do they feel?
8 A The town board of Frederick is one hundred per-
9 cent. It's asked we have a meeting and it is explained
10 fully and they accept our recommendation fully.
11 Q Are you familiar with the feeling of the town
12 of Firestone?
13 A Yes . They feel the same way as the Town of
14 Frederick, no objection whatsoever , to my knowledge.
15 Q Do you think it would be in the interest of all
16 of these inhabitants in this area , Mr. Di Gregorio, if
17 this fire protection district were created?
18 A It would be. Everybody benefits from that. As
19 far as the usual agreement that the fire department has
20 a state law, we have a--the Dacona Fire Department , if
21 we needed help in case we can' t handle it , they probably
22 would come down, no doubt about it; they would.
23 Q Well , you have had some experience with that?
24 A Yes . It works both ways. We went to theirs
25 and they came to ours .
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1 Q There has been a good close harmonious relation-
2 ship?
3 A Yes , one hundred percent. One good example
4 was the Kellogg; both departments there helped. The
5 fire marshall can explain how we fought that fire. I
6 don' t think there could be any better cooperation.
7 Q Do you think that harmony will continue in the
8 event that the Frederick District is created?
9 A I think it will be more closer than ever.
10 Q Do you anticipate funds being available in the
11 years to come to buy some additional equipment for the
12 Frederick Area District?
13 A I would say yes . That' s like you explained,
14 there would be no bonds , no debts made any further, and
15 we don't have any, as far as the fire department. All
16 the equipment is paid, bought and paid for.
17 Q You think, then, that it would be possible from
18 a financial point of view to operate this district and
19 give the necessary services?
20 A I would think yes , very much.
21 MR. McCAIN: Very well, Thank you.
22 I would like to call Mr. Vidaurri, if I may.
23 GILBERT VIDAURRI
24 called on behalf of the district , was examined and testi-
25 fied as follows:
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1 EXAMINATION
2 BY MR. MCCAIN:
3 Q Would you state your name and address?
4 A Gilbert Vidaurri, and my address is Frederick,
5 but I live in Evanston.
6 Q Mr. Vidaurri, would you relate to the Board
7 your general understanding of the feeling of the Evanston
8 people in the formation of this district?
9 A They would be one hundred percent behind the
10 fire department. As far as--I know we have collected
11 money once in a while to support them--as far as I know,
12 the people are interested one hundred percent.
13 Q Evanston is an unincorporated area , so it does
14 not have a governmental unit; is that correct?
15 A No.
16 Q So it' s just made up of an informal group of
17 people?
18 A We have a committee.
19 Q Is that committee favorably disposed to the
20 creation of this district?
21 A It sure is .
22 Q Where do they get their fire protection services
23 now?
24 A Frederick, as far as I can remember.
25 Q For a number of years?
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1 A For a number of years .
2 Q Yet they don' t pay for it , they are not re-
3 quired to pay for it , are they?
4 A No.
5 Q I suppose they do as a practical matter , donate
6 funds as years go by?
7 A Right.
8 Q What about the area to the north, the Casa
9 Grande area?
10 A We have been out there lots of times , and we
11 never got a penny out of them.
12 Q But you do service that area?
13 A Yes , even north of Casa Grande,
14 Q You are the only fire protection that services
15 in the area ; is that right?
16 A Right. We never deny anybody. When they
17 call the Frederick Fire Department , we are out there
18 regardless of how far that is .
19 Q Is it fair to state that your purpose here is to
20 attempt to equalize the burden a little bit in regard to
21 the areas in that area?
22 A Yes.
23 Q Do you believe the creation of this district
24 could be in the best interest of that area?
25 A Right , so we can protect them better.
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1 MR. McCAIN: All right. Thank you very
2 much.
3 GILROY FRAGALE
4 called as a witness on behalf of the district , was examined
5 and testified as follows:
6 EXAMINATION
7 BY MR. McCAIN:
8 Q Mr. Fragale, you live in Frederick?
9 A Right.
10 Q And you are a member of the board of directors
11 or the proposed board of directors?
12 A Yes .
13 Q Would you please , if you would , just relate
14 to the Board your understanding of the impressions of the
15 citizens in the area as to this creation of this district.
16 A Well , all the members of the town and the sur-
17 rounding areas are all for it , and they think it 's a good
18 idea , and I think they need it out there.
19 Q Actually, when anybody has a fire, they call
20 the Frederick Fire Department , which is a volunteer fire
21 department; right?
22 A Right , they call on us .
23 Q And you persons are the ones that actually act
24 on that call and go out and service the needs of the area?
25 A Yes , we do.
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1 Q And you think that would be made a little bit
2 easier if there was a broader tax base in the areas of
3 this district?
4 A Yes , I think it would be a lot easier.
5 MR. McCAIN: Thank you very much.
6 I would like to call Mr. Joe Fuss , if I may.
7 JOSEPH FUSS
8 called as a witness on behalf of the district , was examined
9 and testified as follows:
10 EXAMINATION
11 BY MR. McCAIN:
12 Q State your name and address.
13 A Joe Fuss. I am fire marshall for the Dacona
14 Fire Protection District and also a member of the board
15 of directors .
16 Q A member of the board of directors of the
17 Dacona Fire Protection District?
18 A Right.
19 Q Mr. Fuss , you are not a citizen or a resident
20 of this proposed Frederick District; is that correct?
21 A That's correct.
22 Q You speak from the point of view of another
23 district in the area looking upon this area; is that
24 correct?
25 A Yes , sir.
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1 Q Would you relate to the Board your impressions
2 on the creation of this district, the viability of it and
3 how it would relate to the area there and particularly,
4 with your area?
5 A Well, we--as fire marshall , I have recommended
6 to the Board of Directors and they have--there was a letter
7 sent , I hope it arrived , to the County Commissioners that
8 the Dacona Area Fire Protection Board of Directors do
9 favor this unanimously. Two of the reason are, we feel
10 that there is an unprotected area of land there , there
11 are new houses , there is future growth, and it 's an area
12 that Dacona couldn' t possibly look at taking in. We have
13 31 square miles of our own, and we would like to keep
14 our boundaries square south of Highway 52 , which makes
15 for a lot easier dispatching and a lot faster running.
16 The Frederick area would be a little smaller district
17 than ours . I think from our own experience , they have
18 enough money to operate on. They have two good units
19 now, and I would like to elaborate now on what all of
20 these gentlemen said. There is a mutual aid agreement.
21 They have helped us in the times we were starting and
22 didn't have anything, and at the present time , I have
23 six units running up to a 1250 gallon certified pumper,
24 which is one of the biggest things north of Denver. I
25 have a high-speed unit tanker. We've got the equipment;
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1 it 's available. I've got 32 men and at any time Frederick
2 had the need for assistance , which they have had and in
3 several cases , we have assisted them on ground that isn' t
4 even in their district , the ground they are talking about
5 now, twice in the last month, But we are completely in
6 favor. We feel that we can assist them at any time they
7 need it , knowing they will assist us when we need it;
8 and another thing I might say here is our ground runs
9 from Highway 52 south to Highway 7 , from east of Dacona
10 two miles or Road 17 , west to the Boulder-Weld County line ,
11 which is a pretty large district , and there is one little
12 section in there of three--or one area of three sections
13 that the Longmont District is now--the paper work is made
14 to give us that area. We are petitioning the people out
15 of Longmont and into ours because it ' s too far from Long-
16 mont. We can service it easier than they can, and there is
17 a piece of ground just west of the Frederick area that will
18 be in the same situation, and when they can show the Long-
19 mont Board of Directors they are in the business and
20 ready to go and can service it , I think there is more
21 ground available , which in the future can give them a
22 better tax basis and also ground that I think Frederick
23 will be servicing , but I would like to say we are one
24 hundred percent behind them, and would like the County
25 Commissioners to give them their support , and we will give
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1 them ours .
2 MR. McCAIN: I believe that's all I have ,
3 Mr. Chairman.
4 MR. BILLINGS: I have two or three questions
5 I want to clarify. We have here in our information two
6 sets of petitions. I assume that these petitions are
7 residents of the area that you plan to bring into the
8 fire district. One of the circulators was an Allen S.
9 Conway and the other circulator was Gilroy G. Fragale.
10 Are these two sets of petitions actually those people who
11 live in this area and are petitioning for this?
12 MR. McCAIN: Yes , they are , Mr. Billings.
13 I might ask that question of Mr. Fragale , because he was
14 a circulator on one of those. Is that correct , those
15 patties are:.all residents of the proposed area to come
16 in?
17 MR. FRAGALE: Yes , they were.
18 MR. McCAIN: I might say , Mr. Billings ,
19 that that petition is the one that is a copy of the
20 petition filed in Court and that Court proceeding has not
21 taken place yet. As a matter of fact , it comes up this
22 weekend, but yes , they are residents .
23 MR. BILLINGS: I think that 's important to
24 know that those people do want to become a part of it ,
25 and that ' s the reason I asked the question. One of the
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1 other questions , the mill levy , would this cover all of
2 the Frederick Fire Protection District or are we talking
3 about this mill levy just in this area that is not being
4 served?
5 MR. DI GREGORIO: Total area .
6 MR. JACOBUCCI: What I would like to know,
7 Frederick has its mill levy , right?
8 MR. DI GREGORIO: No, not at the present time.
9 MR. McCAIN: They do have a town mill levy,
10 yes .
11 MR. JACOBUCCI: They will have another levy
12 of six mills on top of that; is that correct?
13 MR. McCAIN: That' s correct ,
14 MR. JACOBUCCI: What is your mill levy?
15 MR. DI GREGORIO: The town of Frederick doesn' t
16 have a mill levy toward the fire protection now, The six
17 mill is a total mill levy.
18 MR. BILLINGS: That is the total mill levy
19 for the whole fire protection district , which I think has
20 the support of the town counsel of Frederick, Firestone ,
21 those unincorporated people living in the Evanston area .
22 MR. DI GREGORIO: The town of Frederick itself
23 supported the present fire department on maintenance and
24 gas and everything. It came out of the general funds they
25 had, the present one.
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1 MR. JACOBUCCI: What ' s your present town mill
2 levy?
3 MR. DI GREGORIO: It 's 22 is the total amount ,
4 1.86 for the general fund. That's what they operate on.
5 MR. JACOBUCCI: You've got county mill levy
6 on top of that and the town mill levy. You've got school
7 mill levy. What is your total mill levy going to be if
8 this passes?
9 MR. DI GREGORIO: Twenty-seven.
10 MR. JACOBUCCI: What would you pay totally,
11 over a hundred mill?
12 MR. DI GREGORIO: Yes , it' s over a hundred mill
13 now. It will be about 118.
14 MR. JACOBUCCI: What if the county comes
15 back with a mill levy next year, which I could foresee
16 something like that.
17 MR. DI GREGORIO: You mean additional?
18 MR. JACOBUCCI: If we want to operate the
19 county, we might need a mill levy increase. Will it be
20 so high the people can't afford it?
21 MR. DI GREGORIO: They are paying that all the
22 time , from 115 up and down.
23 MR. BILLINGS: What Vic is asking is whether
24 this is going to be putting too much of a tax burden on
25 the people , and I would assume unless there are people
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here who object to this , that you basically do not have
2 any people objecting at this point.
3 MR. DI GREGORIO: There is a lot of talking
4 with the people , local people and other people , that the
5 mill levy will be up from this district , and they are
6 aware of what' s coming up and have no objection whatsoever.
7 MR. JACOBUCCI: Are they aware they might
8 have another one or two from the county? There was a lot
9 of resistance , I understand, this summer and fall in
10 creating the new budget , that there was a lot of resistance
11 on any of the mill levy from a lot of people in the north-
12 west and north area .
13 MR> DI GREGORIO: Well , then they have fire
14 protection, and the county tax is a different thing to
15 them people over there , and they don't know where the
16 money goes in the county. I am not misunderstanding what
17 you people are doing , but this money that we elevate ,
18 this tax, the six mill , they know exactly where it is
19 going.
20 MR. JACOBUCCI: You know it' s going to the
21 fire protection district , but there was a lot of opposi-
22 tion to the county mill levy increase in creating the
23 new budget , and they reversed the idea and in fact lowered
24 it .49 or something, and we are not going to get anything
25 accomplished in the county if we keep lowering the mill
- 24 -
1 levy. That 's the only thing I am concerned about. Some
2 of these towns are going to get the tri-area sanitation
3 district.
4 MR. DI GREGORIO: That 's including us.
5 MR. JACOBUCCI: It has a special mill levy.
6 St. Vrain Water Conservancy District?
7 MR. DI GREGORIO: Yes . Not St. Vrain, but--
8 MR. BILLINGS: Lefthand?
9 MR. DI GREGORIO: We get the water from Boulder.
10 MR. BILLINGS: Boulder Water District?
11 MR. DI GREGORIO: Yes , but Firestone Lake,
12 we get just the rights decreed. That' s the only water
13 we get through the lake , and the rest we buy separately.
14 MR. JACOBUCCI: No mill levy for that water?
15 MR. BILLINGS: I didn't know if they served
16 your town or not.
17 MR. JACOBUCCI: The Town of Frederick and the
18 Town of Firestone has a mill levy, right?
19 MR. DI GREGORIO: Right.
20 MR. JACOBUCCI: I think it might be a little
21 high. I am not saying I think it's positive , because we
22 may have a tax levy mill increase on the county basis .
23 MR. DI GREGORIO: If the county needs some , we
24 have to get it somewhere,
25 MR. JACOBUCCI: If you haven' t any opposition,
- 25 -
1 then that would be all right.
2 MR. DI GREGORIO: You will probably hear us
3 screaming.
4 MR. JACOBUCCI: R.E.A. in Fort Lupton just
5 created a new six mill levy for me , and some of the oppo-
6 sition I gave them is , "What are you going to do, charge
7 six mills for the school , and I am looking for the mill
$ increase in the county?" because I see no way of getting
9 any roads oiled unless we get some cash money, and there
10 is only one way to do it , either with a sales tax or mill
11 levy increase , and I like both, because we haven' t any
12 roads to oil this year, six miles of oil roads this year.
13 MR. DI GREGORIO: You mean south?
14 MR. JACOBUCCI: Yes , in District 2,
15 MR. DI GREGORIO: It's about time we get some
16 now.
17 MR. JACOBUCCI: Everybody wants their six
18 miles oiled and I don' t know who is going to get it.
19 MR. MOSER: I think the people full well
20 realize if they are going to have service , they are going
21 to have to pay for it .
22 MR. DI GREGORIO: You got it right there.
23 MR. MOSER: There aren' t any roads being
24 oiled in my district.
25 MR. BILLINGS: Mr. Telep.
- 26 -
1 MR. TELEP: I wanted also for the record
2 to reflect an additional item or two here. While the
3 file and the record is complete as far as we have gone ,
4 I have mentioned the fact that the notice of the hearing
5 today was duly published as required by law, but in addi-
6 tion, I would like the record to also show that there are
7 in the file--because while it ' s in the file , it' s not in
8 the record--so I would like the record to reflect the fact
9 that there are many , many receipts in the file indicating
10 that all of the municipalities and/ or special districts
11 which have levied an ad valorem tax within the next pre-
12 ceding tax year and which have boundaries with the radius
13 of three miles of the proposed district, were notified by
14 certified mail of the hearing today, thus affording them,
15 all these tax levying districts , to be present today and
16 to testify either in favor or against the granting of the
17 petition for this new fire protection district. I would
18 like the record to additionally reflect that. Thank you.
19 MR. BILLINGS: Are there questions by the
20 two Board members?
21 (Negative nods by Mr. Jacobucci and Mr. Moser)
22 MR. BILLINGS: If not , all of those present
23 in favor of the granting of this request for an enlarge-
24 ment of the Frederick Fire Protection District , will you
�5 raise your hands please?
- 27 -
1 (Whereupon some hands were
raised in response to the
2 above question)
3 MR. TELEP: I counted four, and with Mr.
4 McCain, I imagine that is five.
5 MR. McC;AIN: I am not a voting member.
6 MR. BILLINGS: Let the record show there are
7 four present, and the four who are present are all part
8 of the application for the extension of the district.
9 Is there anyone in the audience opposed to the expansion
10 of this district?
11 (Whereupon some hands were
raised in response to the
12 above question)
13 MR. BILLINGS: Let the record show there are
14 two people.
15 Would you like to make comments at this time in
16 regard to the opposition, and please give your name.
17 MR. SHIMON: Harry Shimon, Route 4, Long-
18 mont. You named off four or five sections that wasn't
19 in any fire district. The one you named off is Section
20 32 , and I am in that section, and I am in the Longmont
21 area , and that 's the one that you say that Longmont wants
22 to give up to you guys , and if they want to give us up,
23 I and my neighbor, who is about in the same sections ,
24 if they want to give us up, we would just as soon go
25 Platteville , because we get more service from Platteville.
- 28 -
1 We are only four miles west of Platteville on a paved
2 road.
3 MR. MCCAIN: Well , I did mention 32 , but
4 I don't know where you are,
5 MR. SHIMON: I am in 32, in Longmont ,
6 but you said them was never in a fire district. Why did
7 they take out money on my taxes?
8 MR. McCAIN: I am advised by the gentlemen
9 who drafted the legal description and by the planning com-
10 mission that section 32 is not in any district , and it is
11 now in this proposed Frederick District.
12 MR. SHIMON: They went around with a peti-
13 tion last year and put us in Longmont.
14 MR. MOSER: Where do you live?
15 MR. SHIMON: West of Platteville, on 66.
16 MR. MOSER: You are out of this district.
17 MR. McCAIN: Do you have your legal de-
18 scription, sir?
19 MR. SHIMON: No.
20 MR. McCAIN: Do you happen to know what
21 township and range number?
22 MR. SHIMON: Range 67.
23 MR. McCAIN: What township are you in?
24 MR. SHIMON: Three.
25 MR. McCAIN: Well , this township is 2 North,
- 29 -
1 so if you are in 3 , then you are not in this area or this
2 proposed area. I think that probably answers the question.
3 MR. JUNTUNEN: John Juntunen, planning
4 director for Weld County, and I just showed the map
5 here , which is the latest thing we bought from the
6 Registrar of Deeds Office , and he is in the Longmont
7 District , and so , therefore , he has nothing to say regard-
8 ing the proceedings of this district.
9 MR. SHIMON: Then if I am in the Longmont ,
10 can't we get transferred into the Platteville?
11 MR. BILLINGS: If Platteville would, they
12 would have to make that agreement with the Longmont Fire
13 District, and that wouldn't pertain here at all, because
14 this is Frederick, and I would ask the question again;
15 since you are not in this district , you would have no
16 objections to this hearing?
17 MR. SHIMON: No.
18 MR. BILLINGS: Then let the record show there
19 is no one present opposing application of the Frederick
20 Area Fire Protection District increase in service area.
21 Would the Planning Department please give their recom-
22 mendations at this time?
23 MR. HONN: This is a resolution recom-
24 mendation to the Board of County Commissioners . Motion
25 made by Hairy Ashley to be resolved by the Weld County
- 30 -
1 Planning Commission that the following be recommended to
2 the Board of County Commissioners ; that the entire tri-
3 town area , including all the sections not presently cov-
4 ered by a fire protection district , be ¢oniolidatedcin one
5 district so the entire area would have more efficient
6 fire protection coverage; and it was seconded by Bill
7 Elliott and voted for passage by J. Ben Nix, Ronald
8 Heitman, John Weigand, Harry Ashley , and Bill Elliott.
9 I would ask Mr. Juntunen, the planning director , to
10 go into a little more depth on this particular recommen-
11 dation.
12 MR. JUNTUNEN: When this matter was taken
13 up before the planning commission, the latest maps that
14 we had did not have the proper district boundaries for
15 the Longmont or Platteville districts , and it included
16 a great deal of area which was not at that time included
17 in any fire district; and now, this morning , having gotten
18 the proper maps and so forth, indicate that this nine-
19 square-mile area that is being considered at present is
20 completely surrounded by other fire districts , so this
21 changes the picture considerably; and also the recommen-
22 dation, I think, of the planning commission would be
23 changed if they were aware of this , so I would say at
24 at this point many of the questions that were asked by
25 the planning commission members could not be answered
- 31 -
1 because they didn' t know exactly their jurisdiction in mak-
2 ing the recommendation. So I would say if they would like
3 to see consolidation occur and some improvement on the
4 service boundary lines of the fire district , and this is
5 much along the line of what was being mentioned here this
6 afternoon by Mr. Fuss , and I think the recommendation is
7 pretty much in order, and they would probably support it.
8 MR. BILLINGS: Well, if I read the recommen-
9 dation correctly, they were concerned about there being
10 areas left out , and if in fact your map does show that
11 the Frederick Fire Protection District as now proposed
12 would be completely surrounded by other fire districts ,
13 I would have to say that the resolution of the planning
14 commission would still stand, because they do indicate
15 that they wanted everything into a district , so even
16 though they were concerned, I would have to be assuming
17 they were concerned, anyway, that there would be area
18 left out, by your indication there would be no area left
19 out,
20 MR. JUNTUNEN: There are areas left out ,
21 but they have been served by consolidation with other
22 districts. They are very small areas that are now further
23 remote from this district.
24 MR. BILLINGS: Any other questions?
25 MR. JACOBUCCI: Section 8 is left out because
- 32 -
1 I presume it 's in the Longmont Fire District , right?
2 MR. McCAIN: Right.
3 MR. JACOBUCCI: Sixteen and 10 were left out ,
4 and that 's in the Longmont Fire District?
5 MR. McCAIN: Right.
6 MR. JACOBUCCI: And they are immediately east
7 of you?
8 MR. DI GREGORIO: West.
9 MR. JACOBUCCI: No , east.
10 MR. McCAIN: That's right. Sixteen and
11 nine east.
12 MR. JACOBUCCI: Two sections east of you.
13 That will be kind of a handicap to Longmont. Is there
14 any way you can get together and take those two.
15 MR. DI GREGORIO: That's why we want this dis-
16 trict , and then we can work with Longmont. That's our
17 purpose.
18 MR. BILLINGS: I think down the road this
19 is what the plans are.
20 MR. JACOBUCCI: They think they will get
21 together? Has Longmont been willing to work, if this
22 passes?
23 MR. DI GREGORIO: Mr. Fuss can say more on that.
24 MR. FUSS: May I make a statement on
25 that? This is what Longmont is wanting to get rid of,
- 33 -
1 these districts they can't go around , but they are not
2 willing to give them up until, like with us , we have been
3 in business for a year , and they know we are there , and
4 we have the equipment , and I think down the road in six
5 months , Frederick very definitely can make this , because
6 Longmont can't handle it.
7 MR. JACOBUCCI: There is only one thing I
8 question, and that 's the need for asking a six-mill levy.
9 MR. FUSS: Dacona has seven, and we
10 had to go seven for the first year or two to get things
11 under control , and we can definitely see we will drop
12 two or two-and-a-half of that in the next year , but the
13 first , yes , we had to , as Frederick will have to, buy
14 all the equipment from the town and make leases from the
15 town, which we had to build one new fire house. It takes
16 about a year. The people understood it. Dacona really
17 had a ten-mill levy approximately. Frederick has operated
18 on one thousand dollars a year, and there is no way you
19 can run a fire department on that kind of money.
20 MR. JACOBUCCI: I thought they would be good
21 hearted and give you a bargain.
22 MR. BILLINGS: Any other questions? If not ,
23 I think all the testimony that has been given, and I think
24 anything past this would be repetitious .
25 MR. JACOBUCCI: I so move we approve this
- 34 -
1 fire protection district.
2 MR. MOSER: Second it.
3 MR. BILLINGS: I have a motion and second
4 that we approve this . How do you vote , Mr. Jacobucci?
5 MR. JACOBUCCI: Yes.
6 MR. BILLINGS: Mr. Moser?
7 MR. MOSER: Yes.
8 MR. BILLINGS: The chair votes yes , and let
9 the record show that the Board of County Commissioners
10 on April 14, 1975 , does approve the expansion of the
11 Frederick Area Fire Protection District and do instruct
12 your attorney to draw up the legal papers so these people
13 can proceed to the District Court.
14 MR. TELEP: Just a little bit after the
15 fact , but am I to assume then that the legal description
16 is as the one counsel has in the petition, and the one
17 that I read into the record?
18 MR. McCAIN: Yes , it 's the one read into
19 the record and the one in the publication, and so there
20 is no misunderstanding at all about that , let me repeat.
21 It 's Section 7 , Township 3 North, and then Sections 17 ,
22 18 , 19 , 20, 29 , 30, 31 , and 32 of Township 2 North, all
23 of it in Range 67 West.
24 MR. TELEP: I just wanted to make sure
25 we didn' t have to change anything. Thank you, Mr. Chairman.
- 35 -
1 MR. McCAIN: Thank you, Mr. Telep , and
2 thank you, Mr. Chairmen and members of the Board.
3 (Whereupon the hearing was
concluded at 2: 30 p.m. on
4 April 14 , 1975)
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- 36 -
1 STATE OF COLORADO )
ss . REPORTER'S TRANSCRIPT
2 COUNTY OF WELD )
3
4 I, Barbara Billings , General Shorthand Reporter
5 and Notary Public in the State of Colorado, certify that
6 I was present at and reported in shorthand the proceedings
7 had in the above-entitled hearing on the 14th day of April ,
8 1975 , and that I have since transcribed the proceedings
9 as requested by the County Attorney, and that the above
10 and foregoing 36 typewritten pages constitute a full and
11 complete transcript of the proceedings as fully as the
12 same was set forth in my shorthand notes taken as afore-
13 said.
14 Witness my hand and seal at Greeley, Colorado,
15 this 17th day of April , 1975.
16
17
18 OfiliSirtler S 4)0
Barbara 11 ngs
19 General Shorthand Reporter
20
21
22
23
24
25
rid&,�:� BARBARA BILLINGS, ORTHAND REPORTER
.„ RT. 1, BOX 23 VILLE,V Ji1y ( PLATTEPHON E: 7COLORADO 80651
4
4-17-75
TO: Clerk to the Board RE: Hearing for Proposed
Board of County Commissioners Frederick Area Fire Puo-
Weld County tection District
Weld County Health Dept. Bldg. 4-14-75
1516 Hospital Road
Greeley , Colorado 80631
Transcript of Hearing and Appearance Fee $ 103 45
• TRT . I-c Mg9NT PI• Vi':
./In l 1,r fruN l / Ill rp II IINt III I 1 1 11111 0'11I1O,1
I,the undersigned,hereby cerrllles that the chive acr(mill Is I rue anti lust, that
I the services or supplies therein charged for have been actually furnished,ren•
I Mt tiny that the items and/nr set vices listed above dared In and fur Wale County, and that the same have mill been paid,nor arty
h.ivr bi•�•n nv rhmtl Mill ihnt till' fn nihllnn Iva tat b,l,u9nl V. part urerenf,
I
Invoices for same ale :ntdched het elo.
COMPANY ,1 - - --
DEPARTMENT HEAD By
NOTICE
No bill will be paid unless itemized and attached to voucher with TITLE r
original order. All vouchers must be passed upon by the Board of `,'/i ^ 1� ,r - -
County Commissioners before warrants can be drawn. All vouchers ,.. ,. C s er- , c{ J F_, --2
must be signed by the person in whose favor they are made. All L. 'f
vouchers must have the Post Office address with Street or P.O. Box
Number. All vouchers must be filled in with typewriter or ink and MAIL IN LONG ENVELOPE
signed in ink.
This copy must be returned to Weld County Accounting
Office with invoices attached for payment.
•CG UNT •Ne Ce DP NUM:Er{5 AM••
UHT.
Approved by _ 01713-107 -. y ( ti 1( u- ._ 103 . 45
0 Budget Officer 0 Authorized Signature
And so ordered by Board of Weld County Commissioners.
CHAIRMAN INITAL INITAL
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