And the fire district saga continues at county commissioners' meeting

Tuesday, December 2, 2014

The Bourbon County Commissioners on Monday heard another side to the issue of whether a contract agreement between two fire districts should be cancelled.

On Nov. 18, Bourbon County Fire District No. 3 Chief Delwin Mumbower and Hiattville Fire Department Chief Louella Howard asked the commissioners to cancel the contract between District 3 and Scott Township Fire District No. 5. Mumbower said the agreement is no longer necessary because fire departments respond under mutual aid agreements.

On Nov. 25, Don Banwart attended the commission meeting stating the idea to end the contract agreement was all about tax money. Banwart also said leaving the contract in place would place those residences in the 3.75 square mile area in a higher fire rating for insurance purposes, resulting in higher premiums. He said Scott Township could respond quicker than Hiattville.

Mumbower countered many of Banwart's statements in a written explanation he provided to the commissioners Monday.

"We just figured you guys would have some questions after you visited with Mr. Banwart," Mumbower said Monday. "I just felt it necessary to reply to some of the statements that he made."

In his written statement, residences in the area are currently have a fire rating of 10. The fire rating is a portion of what determines a home owner's insurance rates.

To get a rating less than 10, Mumbower said the residence must be located less than five miles from a fire station.

"We just requested a reevaluation of Uniontown and Bronson two years ago and we were able to get them lowered to a 6 rating," Mumbower said. "That's within city limits. Beyond that, you're still a 9 ... A lot of that has to do with hydrants."

"I did have a call from somebody at the lake, and they were extremely concerned about two things," Second District Commissioner Barbara Albright said. "They were concerned about, number one, the distance it would be for you to get to their property. That was their biggest concern and the second concern was the insurance rates. So that was the conversation I had. I think they were going to touch base with Mr. Banwart over their concern."

"My reply is they will get the same comments you received from Mr. Banwart," Mumbower said. "The best suggestion I would have for anyone with questions about their insurance and ratings is contact their insurance agents and get the facts."

Mumbower said Banwart stated the township is in the process of working with Fort Scott City to build a fire station near the lake, but Mumbower said none of the city officials he spoke to knew anything about the plan.

Banwart also stated if one fire truck was parked at the station, that would reduce insurance ratings.

"There are many requirements to establish a recognized fire station, with an engine being only one of those requirements and an imaginary construction site would not serve to fill the housing requirement," Mumbower's prepared statement reads. "Other requirements would be equipment, personnel and training. All of these things and many others would determine a public protection classification. It's ironic that Banwart would mention that you would have to be within five miles of that station to get a classification when the area we are discussing is beyond five miles of their new station."

Mumbower also countered Banwart's claim that cancelling the contract is because District 3 wants to "pocket the money." Banwart said under the 2004 agreement, District 3 would collect the tax money and reimburse District 5. However, Banwart said while the tax rate has increased, the amount of money sent to District 5 has not changed and it represents a fourth of the district's budget.

"I can assure everybody we don't pocket any money in District 3," Mumbower said. "I'd like to make that perfectly clear."

Mumbower said County Clerk Kendell Mason provided him with past estimates for taxes levied in the area. Mumbower said he has check stubs that can prove how much District 3 paid to District 5, which matches the calculations.

"The last payment for 2014 was a little less than $9,000 that was levied in that area," Mumbower said. "You guys will agree, that's what you levy, but that's not what you always collect."

He later said if the contract is cancelled, all taxes levied in that area will go to District 3 because it already is in District 3's jurisdiction.

He said the amount is "a long ways" from being 25 percent of District 5's budget.

During the first visit with Mumbower regarding cancelling the contract, commissioners said they would like to see a letter from Scott Township. Banwart said he was not aware District 3 wanted the contract cancelled until after the meeting was made public.

"I guess what it comes down to is we initiated this contract in 2004," Mumbower said. "Things were a little different back then than they are now. One being, our personnel issue at Hiattville has long since been resolved."

He said six of the nine Hiattville firefighters responded to a structure fire at Hidden Valley Lake Sunday night.

"This contract is unnecessary," Mumbower said. "It is District 3's jurisdiction. We need to be responsible for it. We have the ability to be responsible for it."

In the past, commissioners have stated they have no say over fire districts or departments. Warren asked if county commissioners had signed the contract and Mumbower said at the time, it was believed to "be in everyone's best interest" to bring the contract before the county commissioners. It was signed by then Commissioner Robert Query, Mumbower said.

Warren said for the contract to be cancelled, he would like to see that all three parties are in agreement. When Mumbower first approached the commissioners about cancelling the contract, Warren said he wanted a letter from Scott Township.

Albright asked what type of communication there is between fire departments. At one time, fire chiefs held monthly meetings, she said.

"That is another issue that is in the works," Mumbower said. "I can assure you this kind of stuff probably won't be in those meetings. It will be more in the lines of operations type stuff so we are all working together and responding to calls the best we can."

Mumbower said another change in the county's fire departments is knowing who has authority.

He admitted that he did not speak to the Scott Township Board because he isn't sure what authority it has over the fire department.

"Their officers and their members of the fire department were aware of it," Howard said. "But the Scott Township Board, we did not go to Scott Township Board."

While Albright said she is trying to sort out who needs to be communicating, Howard said they also struggle with that issue.

"That is the only area in Bourbon County where money changes hands between fire departments," Howard said.

She said under mutual aid agreements, no money changes hands. Some departments also have automatic aid agreements, which states that they would automatically respond to another district's structure fire without being called.

Howard said in response to those who are concerned about how quickly a department could reach the Fort Scott Lake area, under a mutual aid agreement, "If there is a structure fire in the Fort Scott Lake Area, we call Scott Township for mutual aid because they can get there as quick as any of our responding people can."

Albright suggested Howard speak to a group at Fort Scott Lake.