Township wants change in fire plan 

Twice in the past year, Hagerstown Town Council has given a 12-month extension for Jefferson Township’s fire protection agreement rather than the traditional three-year contract. Members said both times they wanted more information about changes advocated by the township trustee.

The Hagerstown Town Council extended the fire contract on Dec. 4, 2023, asking Jefferson Township Trustee Chris Lane to return with a plan for the vehicles owned by the township and other concerns. In a special meeting on Oct. 14, 2024, the council approved another one-year extension for 2025, with some council members saying they still didn’t have information they wanted. 

Lane spoke about his concerns during a council “work session” meeting on Oct. 16, 2023. He wants to form a fire protection territory to eliminate the contract. He and Fire Chief Rick Cole have discussed the idea since then.

If that doesn’t happen, Lane wants to lease or sell the township-owned trucks to the town within the next year.

At the Oct. 14, 2024, meeting, council member Donnie Benedict said, “I don’t want to lose control over our fire coverage. We’ve got good coverage.” In a later email to Western Wayne News, he said he is not informed enough about the issues involved.

In forming a territory, the town, which owns the fire department, would be considered the fire protection provider, and the township would become a participant in the territory. The means the town would not be losing its control, according to state law reviewed by Western Wayne News.

Under the current agreement, Jefferson Township pays the town $20,000 a year for fire protection. The town’s 2024 fire department budget is $137,450, according to Julie Neal, clerk-treasurer. The town holds another $240,330.73 in a cumulative fund — similar in concept to a savings account — for fire equipment purchases.

Lane, who served on the fire department before becoming trustee in 2023, said a fire protection territory would ensure that property owners in the town and outside of town in the township are paying the same tax rate for fire protection, rather than town residents being taxed twice for it. 

The town and township would each give up money in their fire funds, turning it over to the territory. The state would set an initial tax rate based on actual revenue needs. The tax levy for future years would be set by the territory board, subject to the same state approvals as other taxing districts. The territory would also have a cumulative fund for fire equipment.

Creating a territory would end confusion over policies such as sending township-owned vehicles first to township fires and town-owned vehicles first if the fire is in town, Lane said. Repairs would be paid by the territory rather than having the township pay for repairs to its trucks and the town to its trucks.

Fire Chief Cole says he isn’t sure why it’s necessary to change the current arrangement. It’s worked well for many years, he said, although he agrees that the town can hardly afford the required equipment. He’s also been trying to get funds for a new or renovated fire station.

Lane says the system really isn’t working. A fire protection territory would be a chance for a reset that would address revenue needs while establishing a fairer tax rate.

Outfitting one firefighter costs between $7,000 to $8,000, Cole said. Hagerstown has 25 firefighter positions but four are vacant. Most equipment must be replaced every 10 years, according to National Fire Protection Association standards. Most vehicles should be replaced every 20 years and NFPA requires new tires every seven.

The township’s two trucks are a 2004 tanker and a 2006 engine. Each cost less than $200,000 new. Cole and Lane agreed that the replacement cost of each is more than double that.

The department’s new rescue truck cost nearly $700,000. The township paid for its chassis and the town paid to outfit it. 

The town owns another engine and the rescue truck.

“It’s been a very good thing”

One fire department in Wayne County has been in a fire protection territory for 14 years. The Fountain City-New Garden Township Fire Protection Territory began operations in 2010. Jeff Himelick, the New Garden township trustee, is an evangelist for protection territories. He served many years as fire chief and is still a member of the volunteer fire department.

“It’s been a very good thing for us,” Himelick said. “The thing that makes it fair is that every resident in town and in the township pays their fair share.”

While many residents outside of the town pay a bigger tax bill for fire protection, Himelick said it’s worth it to have adequate equipment and facilities. 

He explained that owners of property in town pay a town tax for fire protection as well as the township tax. Township property owners outside of town pay only the township tax. In a fire protection territory, everyone pays the same tax rate, determined by how much the territory needs, subject to the same state laws and controls as other taxing districts. 

If townships outside of where the town is located become a participant in the territory, state law allows a different rate for them, based on the actual revenue needed for serving that township.

In Hagerstown’s case, Jefferson Township property taxpayers pay for the $20,000 contract and they pay into the township fire equipment fund of $26,000 a year. Because Hagerstown is geographically inside Jefferson Township, property owners pay the township taxes, plus they pay into the town’s general fund for the $137,450 firefighting budget and more for the cumulative fund for fire equipment.

The town and township also share a building with town and township offices, directly in front of the fire station.

A big hurdle in setting up a territory is a study that must be completed before moving forward. The state requires that a consulting firm with expertise in setting local budgets and tax rates has to study the expected costs, predicting revenues needed for the territory and how much of a tax levy it would take to pay them. 

“That bill is going to be expensive but the study removes any questions,” Himelick said. 

A limited window for action

In Lynn, a nearby community in Randolph County where officials are currently talking about forming a fire protection territory, Fire Chief Jonathan Nicholson confirms the study’s cost is hard to swallow. He’s been told by the consulting firm — Baker and Tilley – to expect a $24,000 to $30,000 price tag. Along with the town of Lynn, the territory would include two townships; Nicholson is hopeful the three groups would each pay one-third.

Himelick and Nicholson agree with Lane that forming a territory would take one to two years. If both township and town decide to move forward, there would be public hearings and each group would have to pass an interlocal agreement that is identical, word for word.

And state law allows the formation of a fire protection territory only between Jan. 1 and March 31 each year, so that tax rates can be adjusted for the following year.

Nicholson is hopeful that town and township officials in the Lynn area will meet and start talking about a fire protection district in earnest during early 2025.

In Hagerstown, Cole said, “If it was up to me, I would say no because we’ve worked together for so long, but I can see Chris’s concerns about cost. If we have to do it, I would go along if it keeps our department together and protects our community.”

Lane says that although some township property owners likely will pay a higher tax rate, the question is, “Are you willing to pay an extra hundred (dollars) for fire protection or have outdated fire equipment and poorly equipped firefighters show up?”