HomeMy WebLinkAbout2008 Enfield Volunteer Fire Company public hearing feb 13 fire contractPublic Hearing
Enfield Volunteer Fire Company
2008 Contract with the Town
February 13, 2008
Diane Aramini [DA] When did full board meet to review this contract?
Frank Podufalski [FP] In the process of reviewing it now.
DA What is memo of understanding referred to in Ithaca Journal between Town
and EVFC so that call would be answered and school wouldn't be closed?
FP Nothing in writing. Handshake. No Board meeting since then. All board
members were notified.
Rob Harvey [RH I was never notified.
DA #9C Fire Co. was to provide written report 7/07 re: proposed refinancing. It's in
new contract. Rob gave a copy to all board members via Town Hall mailboxes.
(Herb, Roy and Frank all looked at each other and said they never got it.)
DA Suggested that 5 -year truck replacement plan be changed to 7 years
FP This may very well be the last fire contract we review. May go to Fire District.
David Dimmick [DD] FP asked if David was recording the minutes. David said yes.
FP acknowledged that the meeting could be recorded and apologized to Jack
Hubbell for saying they couldn't at the January meeting.
FP Conract is give and take. It's less than they'd like.
DD They gave us a long financial report of several places where they went over
budget, but chose not to refinance debt to save money ... even though there's a 7/07
memo stating they were going to look into it. All the taxpayers ask for is
accountability in spending their money.
FP Fire Co. is. a private entity just like the SPCA. We don't ask the SPCA.
DD Not a private entity. A non-profit annual audit is mandatory and must be
presented to the Town Board.
DD Paragraph 16 How does the fire company indemnify the Town? If the fire
company can answer calls at their own discretion... how do they decide which calls to
go to?
John Rancich [JR] Does the fire department have fire insurance that will cover the
Town?
Sandy Small [SS] Why pay all monies to the fire department in the first 4 months.
FP The taxes are collected in the first 3 months so the money is there.
SS Trumansburg had an article in the paper about all the grants they have applied
for and received. Does Enfield apply.
RJ Switzer [RJ] We submit several grants each year but haven't received any
since 2002.
RJ Commented that written report on refinancing was done 7/2007. (Roy says it
was a typo ... who's correct?) They talked about it but did not refinance.
Art Howser [AH] Said it was not in the best interest of the Town and the taxpayers to
refinance. They would be refinancing an almost paid off truck for 15 to 25 years.
Someone asked the life expectancy of a fire truck. The answer was about 20 years.
theithacajournai.coml Monday, February 4, 2008
NOTICE OF PUBUC
HEARING
TOWN OF ENFIELD
NOTICE IS HEREBY
GIVEN that a public hear-
ing will be held before the
Town Board of the Town
of Enfield at the Town of
Enfield Town Half 168 En-
field Main Roar Ithaca,
New York; on the 13th
day, of February 2008, at
7:00 pm.,
to consider the "
proposed 2008 Enfield
Volunteer Fire . Company-
Contract.
At such"-fime and place,
all persons interested in
the subject matter thereof
will be heard.
200BMA Id bo jnteer
Fire Company contract are
available at the Enfield
Town Hall, 168 Enfield
Main Road, Ithaca, NY
during the Town Clerk's
regular business hours.
Hours are Tuesday 8-11
A.M.; 3.8' P.M., Wednes-
dayy 47 P.M., Thursday 2-
5 P.M:
Alice Laue Town Clerk
By Order of the Town of
Enfield Town Board
PUBLISH:
February 4th; 2008'
POSTED.
February4th, 2008
2/4/2008
PUBLISH: February 4th, 2008
POSTED: February 4t', 2008
David Dimmick
From: David Dimmick [bigg dadChughesnet]
Sent: Monday, Februaryl 1, 20081:44 PM'
To: 'Bigfrank1876@aol.c om'
Frank:
have a some questions about the proposed fire contract:
1) Will the Town Attorney be present at the Public Hearing?'
2) Has he reviewed this document yet? Has he approved it?
3) 1 believe that paragraphs 15 and 16 are illegal under Town Law.1 cite sections of Town law below to make
my case. Certainly they should be passed by the Town Attorney.
a) To the best of my knowledge, the fire company is chartered as a not-for-profit corporation:formed for
the purpose of providing fire protection to the town. According to Town Law Section 9-18( 222 "If
the contract is with a fire company located in the fire protection district, that company must be:
incorporated. This requires the consent of the town board and a public hearing notice. The persons
named in the certificate of incorporation of such -a fire corporation constitute the original membership.
Thereafter, other eligible persons may be elected as members of the fire corporation, but such election
must be confirmed by the town board. Where any such fire corporation furnishes fireprotection, outside
of the boundaries specified in its certificate of incorporation, it and the members thereof shal[be under
the exclusive control of the town board of the town in which the fin=_ corporation maintains its
apparatus, and the town board my restrict the service of such corporation outside the boundaries _
described in its certificate of incorporation. It seems to me that paragraph 15 goes directly against this
provision of Town Law.
b) 1 don't see how the Fire company can indemnify the town. A limit of 1,000 seems ludicrous. If they
cannot indemnify the town i believe they cannot set limits either. Paragraph.5 talks about insurance and
then paragraph 16 seems to overcome it. I also quote town law Section 9-3130)m 223 states "'a court
decision has held that a town may be liable for the negligence of a volunteer firefighter who was a
member of a fire company with which the town board has a fire protection contract on behalf of a fire -
protection district. At the time of the claimed negligence, the volunteer firefighter was responding to a
mutual aid call in his own vehicle. in order to protect the town against possibie'similarllability, the town
board entering into afire protection contract with a volunteer fire company should consider -requiring
the fire company to obtain liabilityinsurance naming the town as insured, or else obtain its own
insurance coverage at district expense. (Cuddy vown.of Amsterdamm, 62 a.d.2d 119)" 1 don't believe
that any Fre corporation can speak for the residents of this town or the Town;Board and limit the towns
liability for damages caused by the EVFC's failure to .act or improper. acts If this fire company fails to
provide fire protection services for all citizens of this townthan I believe that It is the town who Will be
sued along with the EVFC. It seems that it would, be prudent for the Town to insure itself against any
damage claims that may be caused bythe EVFCs actions or lack thereof
c) There appears to be many contradictions in this fire contract. For instance, Paragraphs:1,2,%and.4 says
that they will provide all necessary fire protection services as required and then paragraph 15 states that
1
I have several items about this contract that cause me some concern. But before I discuss these items I
want everybody present to understand where I am coming from. I absolutely believe that the Volunteer
Firemen in the Town of Enfield must have all the equipment that they need to safely provide fire and
rescue services for this town. Equipment to insure that their safety and the safety of those people and
equipment that they are trying to rescue. That being said I believe that the BOD of the EVFC must look
to the town for the moneys they need and additionally use all other methods to help them to raise that
money. I also believe that it is this Town Boards Right and Duty to all of the citizens of this town to
insure that money spent on fire protection is used wisely and is completely justified. That being said I
believe the below suggestions and comments must be taken into consideration before any approval is
taken on this contract.
1) In looking at the proposed fire contract I have to wonder if anybody on this board looked at
it before putting it out for public comment. Can I be assured that you all have actually read
it now? One of the things called for in this contract was that the EVFC (based upon their
lawyers proposal ) would refinance their $820,000 plus debt. According to their lawyers
proposal that would save the EVFC approximately $41,000 per year. Has the EVFC done that
yet? The plan to do it was supposedly to be done in July of 2007. If they have then they
should be requesting some $41,000 less for this year. If they have not. Why not? Have they
dropped the ball and not done it? Why?
2) In Reference to paragraph 9. What exactly does this mean. I have seen little over the last
year in terms of working with the previous town board to engender public trust. In fact they
went out of their way to repeatedly avoid negotiating with the previous town board . Will
they refuse to negotiate with this town board when they don't get what they want? Or
things don't go their way? Will they threaten this town again with a loss of fire protection to
get what they want? Para 9(a)iii says that they will provide quarterly reports including
income and expenses as they relate to the activities of the fire company. If those are the
same reports that they have provided in the past 1 think that they are inadequate. Mainly
they lack detail of what they spent the money on. I will grant that their reporting has been
better over the last few months but they still lack sufficient detail, in my opinion. This Town
Board has the right and the citizens of the Town have the right to know exactly how this
money is being spent. What reports are required should be stipulated by the Town Board.
After all, it is the board that must respond to citizens requests as to how the money is being
spent.
3) Para 9(b) of this contract stipulates that an audit may be performed of the EVFC's sole use of
public funds at a cost of $3,000. NY State Comptrollers decision 2007-8 requires that all Fire
Companys with funds received of $200,000 or more must submit a COMPLETE audit of all of
their funds to the state comptroller with a copy to the Town Board within 180 days of the
end of the FY. So why should the town board pay for this audit since it is required by state
Comptroller decision.
4) Section 9-3 (B)(1) Town law requires that the following must occur. All new members must
be approved by the Town Board. To my knowledge no such approval has been rtquWL&d df
new EVFC members. Why is that.
5
6)
7)
8)
Ref item 13. Why should surplus funds ever occur.If the Fire company prepares a sound
budget and at the end of that budget year there is excess funds then those funds should be
used either to offset next years budget Not used at their discretion but for:some set
purpose, equipment maintenance, equipment replacement or some other valid need that
may offset next years budget. I believe that at their discretion is just too broad of..aAerm_ ,
If I read para 15 correctly, the fire company wants town tax money but will leave it:to their
own discretion as to whether they provide services or Will respond to any fire or
emergency. This is crazy. Why are we giving them money to'provide fire protection acrd
emergency services for the entire town and then allow them to use their•"own discretion"
as to whether they will respond or not. So if -my house was to catch on fire the EVFC may
choose to just not respond and that is ok? If.this were to occur you can beta will file a suit
not only against the EVFC but the town. Whether it has merit or not will be up to the courts
to decide. This seems like just one of those catch all paragraphs to give them. an out: It also
seems directly contradictive of paragraphs 1 and 2 of this contract. I believe that Town Law
intended that Not-for-profit fire companies providing fire protection services be responsible .
to the town for those services. That's why flown law insists on' liability insurance"to protect
the town. That's why Town Law says that the Town Board should approve all new
:members
of the Fre Company. "That's why The comptroller wants a copy of all audits to be presented
to the Town Board. Fire companys are tied to the town via Town. law and I believe that is the
way it was intended to be: Para 15 should be pulled -from this contract.
I think that para 16 is illegal by town law. Section 9-3 b(2)of Town Law states that "a court
decision has held that a town may be liable for the negligence of a volunteer firefighter who:
was a member of a fire company with which the townboard has a fire protection contract
on behalf of a fire protection district. At the time of the claimed negligence, the volunteer
firefighter was responding to a mutual aid call in his own vehicle. In order to protect the
town against possible similar liability,.the town board entering into a fire protection contract
with a volunteer fire company should consider requiring the fire company to obtain. liability
insurance naming the town as insured, or else obtain its own insurance coverage at district
expense. (Cuddy v Town of Amsterdamr% 62 a.d.2d 119)" This fire Icorporation cannot speak
for the residents of this town and II
irnit the towns liability for datneg" caused `bythe EVFCs
failure to act. If this fire company fails to provide fire protection services forall citizens of
this town than' you can. befieve that It is the town who will be sued along with the EVFC.
Finally, I as a citizen of this town, find it hard to believe that this fire company has the. best
interests of this town at heart. If you sign this contract without suitable- modifications to
protect the citizens of this town I believe that you also do not have the best interests of the
citizens of this town at heart. either. I close by saying that there is not a citizen in this town
that does not want this. fire -company continue to provide fire protection to this town. We
want them to protect us'as neighbors protecting neighbors. However, they must be
accountable for Taxpayerfunds, they must be accountable to the citizens of this town via
the Towns elected representatives. We want the fire company as a part of this town to be
deeply a part of this community but we want accountability and we want a say in how much
fire protection we can afford.
Quarterly Report
4:44 PM Enfield Volunteer Fire Company
10/06/08 Profit & Loss
Cash Basis July through September 2008
Jul - Sep 08
Ordinary Income/Expense
Income
4200 • Interest -Savings, Short-term CD (interest received from savings, CDs, and other short-...
12.24
Total Income
12.24
Expense
5100 - Loan Payments
5110 • Building
5,030.74
5120 • Building Interest
6,430.73
Total 5100 • Loan Payments
11,461.47
6100 • Office & Supply Expenses (Expenses related to providing program services and maint...
6120 • Postage, Mailing Service (Postage, parcel delivery, local courier, trucking, freight, o...
9.70
6130 Supplies (Supplies, materials, food and beverages, plaques, medicines)
496.28
6160 Dues, Subscriptions
117.94
6170 • Office Machine Maint
395.41
Total 6100 • Office & Supply Expenses (Expenses related to providing program services and ...
1,019.33
6200 • Maintenance Expenses
6210 • Building Maintenance
293.77
6215 • HVAC Maintenance
150.00
6230 • Cleaning
152.03
6235 • Pest Control
96.00
6260 • Grounds Maintenance
143.10
Total 6200 • Maintenance Expenses
834.90
6300 • Fire Equipment
6310 • Equipment Maintenance
1,599:40
6330 Extinguisher Maint
232.00
6350 Equipment
640.17
6370 • Fire Prevention
407.49
6380 Fire Police
56.00
6300 Fire Equipment - Other
529.97
Total 6300 • Fire Equipment
3,465.03
6400 • Utilities
6410 • Telephone, Telecommunications (Telephone equipment and service, telegraph, inte...
993.03
6420 • Electric
2,862.05
6440 • Heat
843.80
6450 • Online
159.80
Total 6400 • Utilities
4,858.68
6500 • Travel and Meetings (Expenses related to travel, meetings, conferences)
6520 • Travel (Hotels, airfares, local transportation, car rentals, taxis, per diems, meals)
405.02
6530 • Meals
106.43
6540 • Lodging
38.00
6560 • Misc
46.05
Total 6500 - Travel and Meetings (Expenses related to travel, meetings, conferences)
595.50
6600 • Vehicle Manitenance
6610 • Fuel
968.10
6615 • Maintenance 01
182.32
6640 • Maintenance 22
132.67
6650 • Maintenance 42
83.53
6655 • Maintenance 43
366.90
6660 • Maintenance
141.11
6670 • Supplies
110.00
Total 6600 • Vehicle Manitenance
1,984.63
6700 • Contract Services (Fees for outside services)
6720 • Legal Fees (Outside (non-employee) legal services)
2,262.32
6725 • Late/overdraft fees
65.46
Total 6700 • Contract Services (Fees for outside services)
2,327.78
6800 • Insurance
6810 Building & Vehicle Insurance
4,710.00
Page 1
4:44 PM Enfield Volunteer Fire Company
10/06/08 Profit & Loss
Cash Basis July through September 2008
6830 • Accident/Sickness
Total 6800 - Insurance
6900 • Rescue
6910 • Equipment Maintenance
6920 • Oxygen Refills
Total 6900 • Rescue
7100 • Health & Safety
7110 . Maintenance
7130 • Physicals/Shots
7140 • Rehab
Total 7100 • Health & Safety
7200 • Clothing
7210 • Uniforms
Total 7200 • Clothing
Total Expense
Net Ordinary Income
Net Income
Jul - Sep 08
2,718.00
7,428.00
925.20
347.64
- 1,272.84
46.25
107.00
99.90
253.15
465.45
465.45
35,966.76
-35,954.52
-35,954.52