Judges OKs police station plan

Judge Michael McLaughlin has given judicial confirmation to allow certificates of participation to be issued, clearing the way for Mountain Home to enter into a lease/purchase agreement for a new city police law enforcement center.

The city is limited to $2.225 million in obligation with a maximum lease payment of $160,000.

After reviewing the second supplemental petition McLaughlin said no objections had been filed, and he noted, the court was satisfied with the presentations.

"The court concurs," said McLaughlin. "The city is hereby authorized" to enter an agreement as an "ordinary and necessary expense."

The approval for the city to enter into a base lease and lease and trust agreement came more than a year after the first petition was filed.

Although much has happened since that petition was filed, City Attorney Jay Friedly noted that from the beginning, the city's proposal had not changed. Originally the plan was for the city and Elmore County to enter a joint venture that would not only provide the police and sheriff's departments with office space, but also provide a new jail. In February 2001, the city filed its first petition with the court for its portion of a facility to be constructed to house the city's police department.

But following the hearing in March 2001, the court denied the county's petition. Noting several factors had been considered, including the total cost of the project, the fact that there would be a series of lease payment over 30 years obligating a significant portion of the county's operating budget, and the fact that the proposed jail was nearly five times the current demand, the judge agreed to certify the matter for appeal or entertain an amended petition.

The city was clearly disappointed in the ruling and began to take measures that would meet the police department's needs. City officers were moved to temporary quarters at Richard Aguirre Park.

The county downsized its request, determined to offer a downpayment and showed budget figures to indicate the county would be able to handle the lease payments. In July, the city and county filed amended petitions and the following month, McLaughlin granted permission to allow a joint venture. But when the requests for proposal came in nearly $2 million higher than the original proposal, the county found itself thwarted once more.

While the county continued to look at ways to reduce its costs, the city worked to determine how to best meet its police department needs.

The city provided the designers with a list of its requirements and asked the company to see what adjustments could be made to meet the needs now and still comply with the requirements of the judicial confirmation.

In December, after a comprehensive review of the changes in the fiscal situation since the inception of the project, and meeting with all elected Elmore County officials, the Board of Commissioners voted to pull out of the joint jail/law enforcement center project.

Once more the city was faced with finding a solution on its own. Mayor Dave Jett called for a special session of the city council after learning of the county's decision to pull out of the project that would have included a joint law enforcement center/jail.

The mayor was asking for guidance in trying to determine what the city's next step would be in order to find a more permanent solution for the city's police department.

After much discussion, the city determined to file an amended petition for judicial confirmation to construct and operate a new stand-alone facility for its police department.

Now that the project no longer includes a jail, the need is basically for an office building to house the police department administration. But Chief Tom Berry pointed out the needs are not just for office space, but for an evidence room, interview rooms, armory, records and storage. He explained that while the department and officers have been pleased with the temporary solution of moving the offices to the Aguirre Park location, they always understood that it would be only temporary. He noted "the day we moved in, we were full, not so much for office space," but for other needs.

Now the city waits for the 42-day appeal period before the certificates of participation can be sold and prepares for the day when construction can start on the new facility.