Resolution of the Town Board of the Town of Ohio Authorizing the Establishment of the Poland Joint Fire District

Resolution of the Town Board of the Town of Ohio Authorizing the Establishment of the Poland Joint Fire District


WHEREAS, Town Law §189-a authorizes the town board of a town or the town boards of more than one town, and the board of trustees of an incorporated village or the boards of trustees of more than one incorporated village located in such town or towns, to establish in such towns and villages a joint fire district for the purposes stated in such law provided all of the territory in such joint fire district shall be contiguous; and

WHEREAS, at a joint meeting of the boards conducted on June 20, 2017, the Town Boards of the Town of Deerfield, Town of Newport, Town of Norway, Town of Ohio, and the Town of Russia, the Board of Trustees of the Village of Cold Brook, and the Board of Trustees of the Village of Poland, agreed by joint resolution to consider proposing the establishment of a joint fire district, and

WHEREAS, by joint resolution at said joint meeting of the boards, a Joint Public Hearing was scheduled for Tuesday the 18th day of July 2017 at 6:30 p.m. at the Poland Volunteer Fire Company, Inc. Fire Station located at 216 State Route 8 Poland, NY 13431, for the purpose of hearing all persons interested in the establishment of a joint fire district and for considering if the establishment of a joint fire district is in the public interest, and the statutory notice of the joint public hearing was prepared, mailed, published, and posted by the respective Town Clerks and Village Clerks as required by law; and

WHEREAS, on July 18, 2017 at the time and place aforesaid, the Town Boards of the Town of Deerfield, Town of Newport, Town of Norway, Town of Ohio, and the Town of Russia, the Board of Trustees of the Village of Cold Brook, and the Board of Trustees of the Village of Poland, conducted a joint public hearing and obtained evidence and heard all persons interested in the establishment of a joint fire district and considered if the establishment of a joint fire district was or was not in the public interest; and

WHEREAS, upon the establishment of the joint fire district proposed herein, the joint fire district would not become the sponsor of a service award program pursuant to General Municipal Law § 216-b, and consequently, this resolution is not subject to mandatory referendum pursuant to Town Law § 189- a(2)(b).

NOW THEREFORE,

BE IT RESOLVED, that after due deliberation upon the evidence and objections presented at the joint public hearing, the Town Board of the Town of Ohio, hereby determines that the establishment of a joint fire district is in the public interest of the residents and property owners of the Town of Ohio; and
 
BE IT FURTHER RESOLVED, that the Town Board of the Town of Ohio hereby determines that all property and property owners benefitted by the establishment of such joint fire district are included within its boundaries; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Ohio hereby determines that all property and property owners within the boundaries of the joint fire district are benefitted thereby; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Ohio hereby determines that such joint fire district be established in the Town of Ohio comprised of those parcels and areas previously included within Ohio Fire Protection Districts #1, #2, and #4 (FDs 200, 210, and 217) in the Town of Ohio; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Ohio hereby determines that the establishment of the Poland Joint Fire District is subject to permissive referendum in the Town of Ohio; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Ohio hereby determines that upon the establishment of the Poland Joint Fire District, the Town Board of the Town of Ohio will commence proceedings to dissolve Ohio Fire Protection Districts #1, #2, and #4(FDs 200, 210 and 217) in the Town of Ohio, County of Herkimer pursuant to Article 17-A of the General Municipal Law; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Ohio hereby determines that the Poland Joint Fire District shall be governed by a seven person Board of Fire Commissioners pursuant to Town Law § 189-e, and that following the initial appointive Board, all future Boards of Fire Commissioners duly constituted shall be elective, as provided for and pursuant to the process set forth in Article 11 of the Town Law; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Ohio hereby determines that the restrictions on the alienation of real property or easements imposed by Town Law § 189-f shall not apply and are hereby waived pursuant to this resolution; and

BE IT FURTHER RESOLVED, the Town Board of the Town of Ohio in conjunction with companion resolutions enacted by the Town Boards of the Town of Deerfield, Town of Newport, Town of Norway, and the Town of Russia and the Boards of Trustees of the Village of Cold Brook and the Village of Poland to establish the Poland Joint Fire District, designates and appoints the Town Clerk of the Town of Newport on behalf of all municipalities involved, to prepare and file a certified copy of this determination with the New York State Department of Audit and Control and to record a certified copy this determination with the Clerks of the County of Herkimer and County of Oneida as required by Town Law Section 189-d and such filing and recording shall be presumptive evidence of the regularity and validity of the creation of the Poland Joint Fire District and the acts of the above-named boards relating thereto; and

BE IT FURTHER RESOLVED, that the Town Boards of the Town of Deerfield, Town of Newport, Town of Norway, Town of Ohio, and the Town of Russia and the Board of Trustees of the Village of Cold Brook and the Board of Trustees of the Village of Poland, shall by agreement appoint the initial seven- person Board of Fire Commissioners and officers of the Poland Joint Fire District whose appointments shall be effective 12:01 am October 2, 2017, and upon the selection of such commissioners, the Town Clerk of the Town of Newport shall provide for the requisite notifications on behalf of all municipalities as required by Town Law§ 174.

For the Town Board of the Town of Ohio,
Motion by Councilman    Lawson ,
Seconded by Councilman    Luther , and the Town Board voted as
follows:

Voting:                       Aye or Nay

Name:
Supervisor Bagetis       Aye
Councilman Lawson     Ave
Councilman Roark        Ave
Councilman Mower      Ave
Councilman Luther       Ave

The RESOLUTION Passed subject to permissive referendum

Jeannette Burns, Deputy Town Clerk                               Dated: August 8, 2017      
Town of Ohio