MOUNT IDA – The Montgomery County Quorum Court decided to schedule a special called meeting Monday, November 18, to discuss redrawing fire district boundaries after a lengthy discussion regarding the Sims Fire Department. They also voted to require library employees to follow county employee policy.
The meeting opened with prayer and the Pledge of Allegiance before moving into old business.
JPs were presented with a choice of two ordinances regarding library employee policy. County Judge Sammy Jones asked county attorney Andy Riner to help explain the situation. Riner stated that the county library operates under a board chosen by the quorum court. It has recently been brought to the attention of the county clerk that library employees work under a different set of employee policies than other county employees. These policies were set by the quorum court appointed library board.
The one policy specifically mentioned was vacation policy. County employees have to work a certain number of years to acquire vacation time, while the library policy offers 16 days regardless of length of service.
Riner mentioned that Faulkner County had recently received an unfavorable audit report because of a similar situation. The court was then asked to consider the two ordinances that would rectify the issue.
One ordinance stated that as county employees all library employees would have to adhere to current county employee policy. The second ordinance stated that the county recognizes that due to unique situations within the operation of the library they recognize the policy established by the library board for library employees.
JP Mike Dobbs asked about the legality of each of the ordinances. Riner stated that while he had nothing in writing it had been indicated to him that either ordinance would satisfy the auditors. The county just had to decide upon one.
JP Matt Rae stated that he believed they should be treated the same as other county employees. The JPs agreed to vote on the first ordinance that would require library employees to work under current county employee policy. The vote passed unanimously.
Everyone’s attention turned once again to the Sims Fire Department’s petition to be classified as a fire protection district.
Riner was asked to address the issue on behalf of the quorum court. Riner stated that it was his opinion that due to the language in the submitted request there had not been a legal request made. He pointed out that the request filed stated that the Sims Fire Department “would like to petition.” In his opinion that meant that they would like to appear before the quorum court to file a petition which they have not done.
He added that he had written a letter and sent it certified mail to the fire department explaining the county’s position regarding whether a petition had been filed. the letter also requested a copy of the minutes of the board meeting where it was decided to file the petition to become a fire protection district.
Riner stated that his office received a response from the fire department through their lawyer moments before the quorum court meeting convened. The letter states it is the opinion of the Sims Fire Department that the request was a legal request and according to state legislation the quorum court had 60 days from the filing of the petition to approve the request. If the county does not comply they face the risk of litigation.
It was pointed out that no board members from the Sims Fire Department were present at the previous meeting. There were none present at Monday’s meeting either.
Several members of the Sims community, including some fire fighters, were present for the meeting.
Mick Gaines addressed the JPs. He stated that he was nothing more than a member of the fire department, he wanted to express that the reason for the request is to collect dues. He said that all he wants to see is people pay their fair share. Due collection has dropped for two-thirds collected to half.
JP Dobbs stated that he didn’t want to pass a tax on people he didn’t represent. Changing the status of the Sims Fire Department to a fire protection district would not create a tax, it would require fire dues to be collected in the mandatory section of personal property taxes.
Gaines stated that Sims Fire Department Board President Jason Cranford was unable to attend Monday’s meeting due to a family member’s surgery.
Judge Jones asked Gaines if he knew why none of the board members were present for Monday’s meeting. He did not know.
Riner stepped in to remind everyone that the JPs hold no animosity toward the Sims Fire Department, or its members. All they are asking for is a legal petition filed in a proper fashion.
Gaines stated that if the county wanted to help then they should help write a grant to get a new pumper truck.
Judge Jones stated that the county tried to get a new truck for Sims two years ago, but every truck located was rejected by the Sims Fire Chief.
Johnette Rowland stated that she had asked Cranford if Sims was going to pursue the petition. She said that Cranford told her they would drop the dues from $45 to $35 a year if they were collected as a mandatory payment on the property tax form.
Discussion among those in attendance turned toward displeasure with the current board ruling over the Sims Fire Department. Some of the firemen in the room asked those complaining to join the fire department and help bring about change. They stated that they meet every Monday at 7 p.m.
Judge Jones stated that a petition circulated by Sims residents had collected signatures from over 50 percent of Sims residents asking for the replacement of the current board. He stressed that this petition did nothing more than express public opinion. The quorum court has no authority to replace the board over Sims Fire Department.
Jones ask for a show of hands among Sims residents regarding the decision to change Sims to a fire protection district. All but one person indicated they were against it.
It was asked what would need to be done to replace them. Riner stated that as a 501c-3 non profit the board was governed by by-laws. Several people in the audience stated they had requested a copy of the by-laws, but had not received a copy. One man had filed a FOIA request, but had received no more than a response from their lawyer stating he would need more time to complete the request. The letter also stated the by-laws would be sent to him with redactions.
Talk turned to redrawing fire district lines and dissolving the Sims Fire Department. Initially Sims fire fighters in attendance were against the idea. They feared doing so would cause their fire rating to increase from its current rating of three to a much higher rating. This would cause a drastic increase in insurance rates within the district.
The statement was made by Randy Egleston that if the district was dissolved residents rating would be that of the district they were absorbed into. He pointed out that all surrounding fire districts had a rating of either a four, or five. Egleston stated that there would be no change in insurance premiums with a change to a four, or five.
It was also stated that current members of Sims Fire Department could become members of the new fire department serving their area. Equipment and property used by Sims Fire Department could be used by the new departments. There was a question as to whether the current Sims Fire Department Station would revert to the previous owners if the district dissolves.
County ADEM Coordinator Jerry Elizandro stated that there were benefits to dissolving the district. He stated that money and equipment would be evenly divided between Oden/Pencil Bluff and S&L Fire Departments. Once the situation stabilizes Sims Fire District could reform and all money and equipment would be returned to them.
Riner was asked if the JPs had to vote on the petition before the 60 days expired. He stated that it depends on how they interpret the request for a petition. If they believe it is a valid petition to change Sims Fire Department into a fire protection district then they have until December 2 to vote.
If they believe it was not a valid petition then they don’t have to vote by December 2, but they risk facing litigation which could force them to vote to approve the petition.
Riner stressed this whole situation is caused by poorly written legislation that takes away the ability of the quorum court to vote their conscience.
JP Matt Rae made a motion that the quorum court rezone the fire districts, dissolving Sims Fire Department and absorbing their area into Oden/Pencil Bluff and S&L Fire Departments.
Judge Jones stated that they had to have an ordinance and a public meeting before they could do this. Jones stated that they could move forward with rezoning unless more than 50 percent of the residents in the Sims fire district appeared at the public meeting to oppose the rezoning.
Riner stated that he wasn’t familiar with the process, but urged the JPs to proceed with an abundance of caution.
The JPs agreed to table the issue and schedule a special meeting to discuss the rezoning issue. The special meeting will also serve as a public meeting. It will be held Monday, November 18, at 6 p.m. at the county courtroom in Mount Ida.
In other business:
Randy Lewis reported to the JPs that Pine Ridge Fire Department was implementing an electronic dispatch system to help combat bad cell phone service in the area.
JPs approved an ordinance to levy taxes for 2019 to be collected in 2020.
JPs were presented with the 2020 budget to be voted on during their December meeting.
