Thursday, September 22, 2005
Chief, attorney seek to dissolve FC fire district
By CASEY CAMPBELL
Staff Writer
FLY CREEK Fire department chief George Chandler and lawyer Brad Pinsky are seeking to dissolve the Fly Creek fire district.
Pinsky and Chandler left the fire district board of commissioners meeting Wednesday, Sept. 14 to attend the town of Otsego board meeting, where they spoke to the board about petitioning to have the fire district dissolved.
Otsego town supervisor Tom Breiten said Chandler and Pinsky, the Syracuse-based lawyer brought in to represent the fire department, informed the board of their intentions.
"They're certainly welcome to circulate a petition of any kind," Breiten said. "It's early (in the process). We don't know exactly what the petition will call for or if what they're asking will in fact improve the situation."
Breiten said they asked if the town board would help draft the petition, but Breiten said he did not want the town to appear as if it was taking sides on the issue.
"It should be signed on its own merits," he said.
Pinsky confirmed Monday afternoon that the dissolution of the Fly Creek fire district was the purpose of the petition. He said the department has been discussing the idea for some time.
"This is our definite plan and it is supported by every active fire fighter," Pinsky said, emphasizing that spoke only for active fire fighters. "If there is so much criticism with the district, let the town be in control of all operations."
Chandler did not return two phone calls for comment.
Pinsky said part of the reason for the proposal is that fire fighters are being harassed personally and pushed out of the department because of the conflict with the board.
"Nobody who volunteers has to tolerate harassment," Pinsky said. Pinsky, who works with the law firm Scicchitano, Frateschi & Pinsky, said there are hundreds of examples of town boards managing fire departments.
"It is our hope and our belief that the residents would be well served by having the fire department under the control of the town and not the fire district," he said. "Town boards are generally very good at operating fire departments." He said the town board would likely come under less scrutiny than the fire district does, is less politically motivated as far as the fire department is concerned and would be better able to do the job.
For the dissolution of the district to happen, a valid petition needs to be presented to the town board, a public hearing needs to be scheduled and conducted, and a contract would need to be worked out with the fire department, Breiten said.
"There may not be enough time to complete the process before the election in December," Breiten said. He said he hoped the political process would sort out the situation before dissolution became necessary.
According to town law Section 185, petitions must be signed by "resident taxpayers owning taxable real property aggregating at least one-half of the assessed valuation of all the taxable real property of any district." If all of the measures went through and the dissolution went through, the town would institute a fire protection district in which the town contracted with the fire department to provide coverage, Breiten said.
The fire department's property would then be sold at auction, Pinsky said, although he said the town would be the one most likely to purchase the equipment.
He said there would be some advantages, including savings from some bills that would be unnecessary if the town ran the department, but he said there were also some drawbacks.
"You're not going to have experts in fire protection on the town board," Pinsky said. He said the town would also be responsible for determining the budget as well. Under the current system, the fire district turns in a budget to the town, which the town is then obligated to accept.
Fire district board commissioner Mark Weir was not sold on the idea that dissolution of the district is the best course.
"I believe it will cost the taxpayers thousands of dollars in the long run," Weir said. "I feel it's a waste of time and money. Things can be resolved by themselves with new commissioners."
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