Fire district question

[EMT111 149]

Alright, so I saw this article in the Record and it confused me. From what I understand, the public hearing is on whether or not the board should dissolve the Mount Hope Fire Protection District (which I'm guessing is under control of the town?) and establish a fire district that's run by commissioners.

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20131216/NEWS/131219782

[v85 212]

I believe the difference is this: Fire Protection Districts are essentially private entities that sign a contract with a town for fire service. They are under the town's control as the town board can refuse to renew the contract when it is up.

Fire Districts are government agencies that have a board of commissioners with the power to raise taxes for themselves.

[spin_the_wheel 460]

There are some fire districts with 5 elected fire commissioners without their own fire department.

[firemoose827 324]

Fire Districts Within a Town

General Information – Fire Districts

Unlike villages and cities, towns are not legally empowered to provide direct firefighting services. Towns

may organize fire districts or fire protection districts serviced by fire departments. These fire departments

are primarily volunteer; however, there are a number that now have career members as well as volunteers.

Fire districts (a political subdivision of the state) have certain characteristics of true municipal corporations

that are denied to most public benefit corporations. A fire district may incur indebtedness and levy or

require the levy of taxes. The resident electors of the fire district elect their own governing bodies (fire

commissioners) annually. The commissioners are dependent on their towns only for the initial creation,

boundary extension or dissolution, and the collecting of taxes. Since fire districts are almost completely

autonomous, fire district treasurers are required by law to submit to the state comptroller annual reports of

their fire district’s financial condition. By contrast, fire departments of cities and villages do not submit

separate annual fiscal reports and their costs are included in the municipal budget with other services.

The power and duties of fire district commissioners are far reaching. They include:

• Adopting rules and regulations governing all fire companies and fire departments in the district and

prescribing the duties of all members. Enforcing discipline and providing for public drills, parades,

inspection, and reviews.

• Contracting for a supply of water and for the furnishing, erecting, maintenance, care, and replacement

of fire hydrants.

• Purchasing equipment for extinguishment and prevention of fires and for emergency rescue, first

aid, and fire police squads.

• Contracting and maintaining a fire alarm system in the district.

• Contracting to provide fire protection and/or emergency services if requested or required by

calamities, accidents, and other emergencies to areas outside the district.

• Expending from fire district revenues, without the adoption of a proposition for payment of contracts

for water supply, payment of interest and principal on outstanding bonds, compensation of

paid district officers, and costs of insurance and medical benefits.

• Granting or withholding consent to the formation of a fire corporation that intends to operate within

the territory of the fire district.

• Contracting for the furnishing of fire protection within the fire district with a city, village, fire district,

or incorporated fire company having its headquarters outside the fire district. The contract

may also provide for emergency and general ambulance services. Before the contracts are operative,

a public hearing must be held by the board of fire commissioners.

• Holding hearings to establish tax rates for fire protection purposes within the district.

• Adoption of resolution subject to a mandatory referendum to create a service awards program for

the volunteer members of the fire department.

Quotes from NYSAFC Reference Guide for each organization. Fire District above, and Fire Protection District Below...

Fire Protection and Alarm Districts Within a Town

General Information – Fire Protection and Alarm Districts

Fire protection and alarm districts are not true district corporations, but serve as assessment areas that provide

very limited services. Costs for operations are assessed against the taxable properties within district

areas. After a fire protection district has been established the responsible town board may contract for fire

protection coverage with any city, village, fire district, or incorporated fire department/company for a period

not to exceed five years.

Fire alarm districts are formed primarily to finance the installation and maintenance of fire alarm systems.

A town can contract for fire protection coverage with these districts in the same manner as a fire protection

district.

Most fire protection districts and fire alarm districts in the state have contracts with an incorporated fire

department/company. The remainder has protection provided by adjoining city, village, or fire districts.

[SRS131EMTFF 471]

Didn't Mt. Hope FPD just form a few years ago?

[201/65 94]

Didn't Mt. Hope FPD just form a few years ago?

No, the Mount Hope FIRE PROTECTION DISTRICT was formed many many decades ago. Since its inception it had always contracted with the Village of Otisville, this past spring it contracted with the newly formed Mount Hope FIRE COMPANY.

The Mount Hope TOWN BOARD is dissolving the FIRE PROTECTION DISTRICT, in favor of a separate FIRE DISTRICT. The FIRE COMPANY will remain.

[petervonb 9]

Simple version:

Town Board creates a Fire Protection District and then contracts with some firefighting entity to provide the protection. Mt. Hope contracted with the Village and its FD and the residents of the Fire Protection District paid taxes to the Town (on a separate line in the tax bill) for the amount of the contract.

Now they want to create a Fire District, which is a municipality and will have power to tax. The former Otisville FFs have created a fire company and that company will still exist, but the Fire District will create a Fire Department and it will likely consist of all the people in the new Mt. Hope company. The District's Fire Department will be the operating entity - the Company will involve itself in related matters (including recommending a Chief to the District, which recommendation the District will accept or reject) and raise funds and do other stuff. The majority of the cost of firehouses, fire trucks, equipment and lots of other things will be borne by the District (and not the Town government) and they will be able to float bond issues to borrow money to pay for it all. The taxpayers will still be levied for the funds and it will still show up on the Town tax bill on a separate line. There are a number of actions the District takes that will require voter approval.

The District will be governed by Commissioners - usually five - who will probably first be appointed by the Town Board and then will stand for election within a year. The one with the most votes will serve 5 years; the one with the second highest vote will serve 4 years; and so on to the one who came in fifth, who will serve for one year. After that, one Commissioner will stand for election each year, so you can't throw them all out at once, except in that first election.

The Town Board will have no more say in the operations of the District or its department or its taxes.

It is possible that the District might be a Joint District between the Village and the Town, but that doesn't appear to be in the works as it appears in the Record.

This story reminds me of what I have been told about the formation of the Philipstown North Highlands Fire District, which covers an area that used to be covered by Cold Spring FD - though I think the problem was more with the Town Board than the Village Board - and the residents used the petition process instead of having the Town create it. (If anyone has better info on that old story, let me know.)

[spike2231 38]

if the town of mt hope fire district is created then what about the otisville fire dept which is a municipal fire dept and governed by the village will it still operarate as a village fire dept or will it become part of the district which would then make it a joint fire district with the town / village like the town of southeast and the village of brewster now a joint fire district

if the town of mt hope fire district is created then what about the otisville fire dept which is a municipal fire dept and governed by the village will it still operarate as a village fire dept or will it become part of the district which would then make it a joint fire district with the town / village like the town of southeast and the village of brewster now a joint fire district

[se36 2]

Otisville will remain by itself, owned by the village. The town of Mt. Hope approved the new district. There will be NO joint district.