Dissolving a Village in NY

[Monty 35]

I recently found out that there is a petition started by some Village Of Ossining residents to have a referendum on dissolving the Village. If they get at least 10% of Village voters to sign, then there has to be a referendum. http://www.dos.state.ny.us/lgss/pdfs/CitizenGuidetoPetitions.pdf explains the process.

Anyway, I was wondering what happens to the village Fire Department if a village dissolves? AFAIK, towns can't have fire departments. So, I guess there either needs to be a Fire District or Fire Protection District? The District having an elected board of commissioners that set the budget etc, or a corporation that is contracted to provide protection to the district. Are there other options? Is it decided by the voters what happens, or the town board, or someone else?

It will be interesting to see how this pans out here and elsewhere in the state.

[mfc2257 464]

I recently found out that there is a petition started by some Village Of Ossining residents to have a referendum on dissolving the Village. If they get at least 10% of Village voters to sign, then there has to be a referendum. http://www.dos.state.ny.us/lgss/pdfs/CitizenGuidetoPetitions.pdf explains the process.

Anyway, I was wondering what happens to the village Fire Department if a village dissolves? AFAIK, towns can't have fire departments. So, I guess there either needs to be a Fire District or Fire Protection District? The District having an elected board of commissioners that set the budget etc, or a corporation that is contracted to provide protection to the district. Are there other options? Is it decided by the voters what happens, or the town board, or someone else?

It will be interesting to see how this pans out here and elsewhere in the state.

Mamaroneck has Town and Village FD's.... No?

[16fire5 693]

Mamaroneck has Town and Village FD's.... No?

What he means is a Village Government in NYS can run a fire department. Towns can not directly run a fire department in NYS.

[mfc2257 464]

What he means is a Village Government in NYS can run a fire department. Towns can not directly run a fire department in NYS.

so who "runs" the TMFD? Is it really a fire district that is just referred to as "Town of..."

[SteveOFD 176]

Mamaroneck has Town and Village FD's.... No?

The Village of Mamaroneck's FD is a Department of the Village Government (i.e. Police, DPW, etc.) and receives it's funding from the Village Gov't. The Town of Mamaroneck FD is a Fire District, not funded by the Town of Mamaroneck Gov't. The Fire District determines how much it needs for it's annual budget and submits this to the Town Government and they are required to collect this amount from the residents of the District, just like the Town Gov't collects other District tax assesments (i.e. School District, Water District, etc.) to fund those Districts.

The TMFD is "run" by a Board of Fire Commissioners just like other Fire Districts such as Millwood, or any of the Town of Mount Pleasant Fire Districts.

Edited June 16, 2010 by SteveOFD

[spin_the_wheel 460]

I guess there are a group of people who want to do away with the "village" Board. This is the problem with the consoladation bill as it is written. Someone pisses someone off and now all it takes is a small amount of people to set in chain these actions, which could in the end be a waste of time and money, and 2 months after it's settled someone can start it all over again.

Osining has their own PD and Sanitation Dept.s correct? I guess these agencies would be consoladated with nearby agencies or County agencies. The FD would become a District but those lines would have to defined. If I am right they cover some areas outside the incorprated village now. The Ossining Fire District could bid with other Fire Districts in those areas for the fire protection. It can get complicated.

[IzzyEng4 427]

If I understand the way NY law is, its is similar to CT law. For example, in CT we do not have incorporate village government, but we do have town, city (which can be a separate government within a town or consolidated in at city/township government), and boroughs (which are within a town or city, may or may not have full privileges and can also be consolidated in a town like Naugatuck).

Now if in CT, a borough or a city separate from a town that sponsors and charters its own public safety decides to dissolve, then two things can happen. First the area under the CT home rule acts can become a fire district (whic is also considered a municipality under CT law) or can be taken over by the township (or consolidated city if its a combined government).

So in Ossining's case and understanding what little I know of NY State laws and incorporation, they have the option of forming their own fire district that once comprised the village boundaries or be consolidated with another incorporated area.

Unfortunately it seams the problem is in NY State that township governments are not granted full privileges and in my opinion would solve a lot of the problems facing public safety. But then again, in CT we don't have county governments which also cover a lot more for you folks over the boarder too.

Its confusing for me because of what I am used to.

[islander 27]

The TMFD is "run" by a Board of Fire Commissioners just like other Fire Districts such as Millwood, or any of the Town of Mount Pleasant Fire Districts.

The TMFD Board of Fire Commissioners is the Town Board. Just as they are also the Police Commissioners as well. The departments don't have separate commissioners, they have the town council act as commissioners when needed.

[SteveOFD 176]

The TMFD Board of Fire Commissioners is the Town Board. Just as they are also the Police Commissioners as well. The departments don't have separate commissioners, they have the town council act as commissioners when needed.

Interesting. I have not heard of this type of set up. All the Fire Districts I am aware of have independently elected Fire Commissioners.

[petervonb 9]

Interesting. I have not heard of this type of set up. All the Fire Districts I am aware of have independently elected Fire Commissioners.

It is unusual, but maybe this bit of info from the Department's History page will help:

"In 1933, Weaver Street Fire Company #1 changed its name to The Town of Mamaroneck Fire Department, and on June 1, 1936, New York State Governor Herbert Lehman signed a bill that incorporated the fire department.

The Town of Mamaroneck Fire Department covers an area of 5.17 square miles, an area known as the unincorporated area of The Town of Mamaroneck. This area is also known as the Town of Mamaroneck Fire District #1 and was established by the Town Board of The Town of Mamaroneck and became law on March 21, 1939."

So it would seem there might have been special legislation involved.

[Arrowxt 8]

Speak with your Assemblyman or representative. The Bill that was passed was about consolidation of services and did include fire protection. I have spoken with mine and he is trying to introduce an exemption for us. We all know NYS Government is a mess but he is trying to get it in there. I haven’t called him on it lately but we should be exempt soon.

We have to be careful in the economic downturn, there are a lot of “knee jerk” groups that will chop heads off of any tax and most groups are extremely under informed. The best bet is to contact your rep and get it squashed. 10% will only introduce it to a vote, but with what is going on it is best to stay out of the media entirely.

[Bnechis 3,961]

I have spoken with mine and he is trying to introduce an exemption for us. I haven’t called him on it lately but we should be exempt soon. The best bet is to contact your rep and get it squashed.

Do not hold your breath. This was tried twice and failed. The majority of the legislature will not touch this (particularly in an election year) and both the current Gov and the most lickly next one have said they will veto it if it gets to them.