PLAN OF DISSOLUTION OF THE POLAND FIRE PROTECTION DISTRICTS (FD 200, FD210, FD217)

 

PROPOSED GOVERNING BODY INITIATED

PLAN OF DISSOLUTION

OF THE

POLAND FIRE PROTECTION DISTRICTS

(FD 200, FD210, FD217)

IN THE TOWN OF OHIO

PURSUANT TO

GENERAL MUNICIPAL LAW ARTICLE 17-A

 

 

Prepared by:

Town Board

Town of OHIO

ADOPTED November 14, 2017

 

INTRODUCTION

The Poland Fire Protection Districts (FD200, FD210, FD217) (“Protection Districts”) in the Town of Ohio (“Town”) was established by resolution of the Town Board of the Town to provide a means to collect tax revenue to provide for fire protection and emergency services to the persons and properties within the Protection Districts. The Town Board of the Town has always been and continues to be the “governing body“ of the Protection Districts. The levy of taxes upon the taxable parcels in the Protection Districts has been the means utilized by the Town for providing tax-based funding for fire protection and emergency services within the boundaries of the Protection Districts. The fire protection and emergency services for all times relevant hereto have been provided to the Protection Districts by the Poland Volunteer Fire Company, Inc. (“Department”) by means of fire protection contracts negotiated between the Department and the Town pursuant to Town Law §184.

By Resolution dated August 15, 2017, the Town Board of the Town agreed to form the Poland Joint Fire District (“PJFD”) in cooperation with the Villages of Poland and Cold Brook and the Towns of Deerfield, Newport, Norway, and Russia. The determinations establishing PJFD have been filed with the New York State Department of Audit and Control and recorded in the offices of the Clerks in and for the Counties of Herkimer and Oneida as required by Town Law §189-d.

The Board of Fire Commissioners for PJFD took office effective October 2, 2017. The first tax levy for PJFD is planned for 2018. With the transition to PJFD, the Protection District is no longer needed. Therefore the Town brings forth the within Governing Body Initiated Dissolution Plan to comply with the legal mandates in compliance with General Municipal Law Article 17-A.

 

PROPOSED GOVERNING BODY INITIATED DISSOLUTION PLAN

 PURSUANT TO

 GENERAL MUNICIPAL LAW SECTION 774

 

(A) The name of entities to be dissolved are the Poland Fire Protection Districts (FD200, FD210, FD217), hereinafter referred to as the “Protection Districts”.

(B) The territorial boundaries of the Protection Districts exist as designated by the Town Board of the Town of Ohio as “FD200, FD210, FD217”, including all properties included in the 2017 final tax roll for FD200, FD210, FD217. The boundaries are generally described as follows: The entire enties of FD200, FD210, FD217.

            A map depicting the Protection Districts is available for inspection the office of the Town Clerk. The boundaries of the Protection Districts and the parcels included therein are identical to the boundaries of and parcels within the Town of Ohio that are included in the newly formed Poland Joint Fire District.

(C) The type of entity is a fire protection district as described in Town Law §184.

(D) If uncontested, the cost of the proposed dissolution is estimated to be less than $500.00.

(E) No public employees will be affected by the dissolution.

(F) The Protection Districts does not own any physical assets. The Protection Districts does not have any long-term liabilities or indebtedness. The Protections Districts does not own cash assets.

(G) The Protection Districts has no actual or contingent liabilities or indebtedness as of the date of the proposed Dissolution Plan. The Protection Districts does not anticipate incurring any liabilities before dissolution apart from those costs reasonably and necessarily incurred in bringing about the dissolution; which costs are expected to be less than $500.00. The Protection Districts does not have any bonded indebtedness and does not intend to incur any obligations prior to dissolution.

(H) Except as otherwise noted herein, the Protection Districts has not entered into any agreements with any other municipal entities. The only agreement contemplated being entered into is with the PJFD for the continuation for fire protection and emergency services by the Department through December 31, 2017, as per the contract currently in effect between the Town and the Department pursuant to Town Law §184. As the tax revenue collected in 2017 from the property owners in the Protection Districts and previously conveyed to the Department may be loosely construed to be an asset, the Department, and ultimately PJFD, is responsible for the obligation to assure that services continue and that proper credit is made to 2017 tax levy for those parcels that were assessed and paid the 2017 Protection Districts tax levy.

(I) The residents and businesses of the area included within the Protection Districts will continue to be provided fire protection and emergency services through December 31, 2017 pursuant to the contract between the Town and the Department and further, through the effective date of dissolution by the directives of the PJFD.

(J) The terms for disposition of assets and liabilities are as follows:

         (1) There are no assets to be disposed of.

         (2) There are no liabilities or indebtedness. It is expressly provided that there shall be no further tax levies made by the Protection Districts provided that the PJFD 2018 tax levy proceeds as expected. In the unlikely the event that PJFD is prevented or precluded from instituting a 2018 tax levy, the Protection Districts will be deemed to continue to exist past December 31, 2017 for a sufficient period of time and solely as a means to implement a 2018 levy to fund fire protection services by PJFD.

(K) No rule or regulation of the Protection Districts or Town is expected to be necessary or remain in effect after the dissolution occurs.

(L) The effective date of the proposed dissolution is February 23, 2018.

            In the unlikely the event that PJFD is prevented or precluded from instituting a 2018 tax levy, the Protection Districts will be deemed to continue to exist past December 31, 2017 and solely for a sufficient period of time so as to implement a 2018 levy to fund fire protection services on behalf of PJFD.

(M) The date, time, and location of the statutorily required Public Hearing on the proposed dissolution plan is: Tuesday, January 9, 2018, at 7PM at the Town of Ohio Recreation Hall 140 Nellis Rd Ohio NY 13324.

(N) Miscellaneous Matters

            (1) Prior to and upon dissolution, that the PJFD will undertake such actions as may be reasonable and prudent to provide for the continued provision of fire protection to the area formerly known as the Protection Districts.

(2) The Ohio Town Clerk on behalf of the Town Board of the Town of Ohio shall cause this proposed Plan of Dissolution to be published in accordance with General Municipal Law §775 and conduct a public hearing concerning the proposed dissolution pursuant to General Municipal Law §776.

 

DESCRIPTIVE SUMMARY OF PROPOSED PLAN OF DISSOLUTION

 

The Poland Fire Protection Districts (FD200, FD210, FD217) Plan of Dissolution provides for the dissolution of the Protection Districts effective February 23, 2018.

The provision of fire protection and emergency services will be unaffected and will continue to be provided to the area comprising the Protection Districts of the Poland Volunteer Fire Company, Inc. under the auspices of the Board of Fire Commissioners of the newly created Poland Joint Fire District (“PJFD”). All tax revenue collected by the Protection District pursuant to the 2017 tax levy has already been remitted to the Poland Volunteer Fire Company, Inc. as payment for services through December 31, 2017. The Protection Districts does not possess any cash assets or own any property. The Protection Districts has no employees. The Board of Fire Commissioners of the PJFD is established and is functional and is the authority having jurisdiction over Poland Volunteer Fire Company, Inc. and thusly, will be obligated to provide for the provision of fire protection and emergency services to those properties within the Protection Districts that are now deemed to be included and incorporated within the boundaries of the PJFD. The Protection Districts will be dissolved effective February 23, 2018, absent any contingency impeding the PJFD from implementing a 2018 budget and tax levy.