MOUNT IDA – The majority of the time spent in the Montgomery County Quorum Court meeting Monday night was spent discussing fire department boundaries and petitions.
The meeting opened with a customary prayer and Pledge of Allegiance to the U.S. Flag. After approving the minutes, Montgomery County Judge turned his attention to old business.
Barry Craw was asked to present a map to the JPs that reflected proposed changes to the county fire district boundaries. He presented the map and then explained the redistricting was to provide better service to local residents. Under the current district map some residences are in districts that can’t reach them in a timely fashion. Piney Volunteer Fire Department’s inability to reach many of their residences was what precipitated the change. However, Craw stated that there were other district’s that have been changed for similar reasons.
The board approved the request to change fire district boundaries. The map will now be submitted to the state office that redraws the maps. Once they have created the new maps the new districts will be in effect. Craw did point out that many of the districts that will absorb residences from the Piney district are already responding to calls in those areas.
Judge Jones stated that with the change in boundaries people will now be paying dues to VFDs who are actually serving them.
The JPs turned their attention to new business.
The JPs discussed the county’s most recent legislative audit. Judge Jones stated it was one of the best the county has received.
The JPs approved an ordinance that transferred $12,000 from the 18th West Drug Task Force fund into the county general fund.
Judge Jones brought up that Sims VFD has once again petitioned the quorum court to reclassify their district as a Fire Protection District.
Judge Jones stated that the Sims VFD called a special board meeting to discuss the petition last Monday, October 7, at the fire station. He added that he and JP Johnette Rowland were in attendance along with about 16 other people. He stated that there were no current members of the Sims VFD Board in attendance at the meeting.
Jim Douglas, a resident of Sims, shared his feelings about the issue at the quorum court meeting. He stated that he used to pay his dues when they were $35, but stopped paying when they were raised to $45. He complained that the only fundraiser they did was a pancake breakfast. He pointed to the annual fish fry at Pencil Bluff as a better option for a fundraiser.
JP Mike Dobbs pointed out that under current state law the quorum court has no choice but to approve the petition within a 60 day window.
County Clerk Penny Black stated that Dewayne Franklin filed the petition on behalf of the Sims VFD October 2. She said that he claims state funds are available, but that VFDs have to show they are collecting all the dues they can before the state will award any of their grants.
Douglas interjected and stated that forcing people to pay dues would open the VFD up to lawsuits when they are unable to save a home.
JP Rowland asked county attorney Andy Riner his opinion on the subject.
Riner began by pointing out that the law which requires the quorum court to approve this petition by the Sims VFD was one of 800 laws passed in the state legislature over a period of 80 days. He added that the quorum court and the people of Montgomery County are being force fed a diet that is unpalatable.
Riner stated that once a VFD becomes a Fire Protection District their dues are placed on each individual’s tax bill and the dues are given superiority over the collection of county taxes. If a resident within that district doesn’t pay their dues then a lien can be placed against their property until the dues are paid.
He also shared that it was possible that some might interpret this as the collection of an illegal tax.
JP Rowland asked if Sims residents could remove the board by way of a petition. Riner stated all the petition would do is reveal public opinion, but he believes public opinion is important.
Riner read from the Sims petition pointing to the language in the opening paragraph where it states, “We would LIKE TO petition.” He stated that “like to” is conditional language which could be interpreted as nothing more than a request to petition the court instead of an actual petition.
He proposed drafting a letter requesting copies of the minutes from the board meeting when the vote to file the petition was taken. He also proposed the letter request documentation from when the current board members were selected. Riner also believes they need clarification as to whether the petition was actually a petition.
No one from the Sims VFD was in attendance to answer questions, but there were representatives from Joplin, Mount Ida, South Fork-Center and Norman VFDs in attendance. Each of the representatives shared their concern for how this might affect their districts. They also talked about how their VFDs have raised money without collecting dues. All four stated they rely on grant money, donations and fundraisers.
Randy Egleston asked if the change is made and then Sims dissolves will the VFDs that cover their area then required to become a Fire Protection District. He stated that South Fork-Center would not cover that area if that was the case because they would never become a Fire Protection District.
Bill Barnes with the Joplin VFD questioned whether Sims met the state requirements to be considered a viable fire department. He stated that money wasn’t the only factor in receiving grant funds. Fire Departments also had minimum requirements on firemen, training and equipment.
Riner added that there are other county attorney’s who have requested AG opinions on the constitutionality of the law being used to force quorum courts to approve such petitions.
JP Melissa Powell asked if the quorum court could dissolve the district after approving the change in classification. Riner stated he wasn’t sure.
JP Dobbs suggested redrawing fire district lines in such a way that Sims Fire Department no longer exists. He also asked if there was any way around this petition. Barnes suggested they reach out to the state office that oversees 833 Funding for local fire departments and ask them to look into Sims’ viability as a VFD. JP Greene stated he would check with the state office. Someone also stated that they have heard that Sims’ ISO rating is in jeopardy.
Riner stated that he would draft the letter and send it to Sims VFD. The issue was tabled.
This is the second time Sims VFD has filed such a petition. They withdrew the first request without its implementation. They currently collect dues on residents’ personal property tax bill as a voluntary payment. Once they become a Fire Protection District the payment of dues would become mandatory.
