Editors note: The questions answered are from a personal and or professional opinion of those who submitted these questions and rebuttals with some follow-up answers and are not the opinion or legal advice of The Banner Press Newspaper.
Colorado County ESD spokesperson Brian Emmel responds to previously submitted questions from the March 20 edition plus additional questions not previously published:
1. The ESD creates a new governmental entity funded with a property tax. That is a fact.
Response: This is correct with one addition - The creation of an ESD is a Colorado County governmental entity that will be funded by property tax. This entity will be oversighted by Colorado County Commissioners and the State of Texas.
2. Who has final control of the FD assets? If, the ESD assumes ownership the FD equipment they would have the authority to relocate, dispose of, etc. The governing board would have the pow- er to move an apparatus from one FD to another or even dispose of the truck.
All the apparatus in Columbus is in the name of the city, whether the FD or the city or a combination of the above, purchased the same. Ownership could create a problem.
Response: City and county-funded departments (Weimar, Columbus and Eagle Lake): If an apparatus was purchased with public funds the apparatus belongs to the public. Even if the City of Columbus is on the title, it is owned by the public. If the apparatus was pur- chased using fire department funds such as donations, money from fundraisers, or grants this apparatus belongs to the fire department. County Funded Depart ments (Oakland, Oakridge, Sheridan, Rock Island, Garwood, Bernardo and Frelsburg): If the apparatus was pur chased with public funds the apparatus belongs to the public. However, in these situations the county contributions to each of the departments have been minimal. If the apparatus was purchased using Fire Department Funds such as donations, money from fundraisers, or grants this apparatus belongs to the fire department. These situations would be handled by the contract that would be between the ESD, the cities, and or the individual fire department. These con tracts will be reviewed and be redone as needed as the ESD ages. These contracts will control the issues that could arise with the ownership of apparatuses.
3. An office location with employ ee(s) would have to be funded with ESD money to conduct normal business operations.
Response: There is truth in this statement. However, most county-wide ESD's use one of the current fire depart ment facilities to conduct normal business operations. The need for an admin will be addressed on an as-needed basis.
Long term there will be a need for administrative assistance.
4. If the City of Columbus votes to OPT out and not participate in the ESD, what happens to the fire/rescue cover age outside the city limits? Who covers what? If Columbus for example, votes “NO” to ESD participation, who covers FD expenses of operation outside the city? Or would coverage stop at the city limits?
Response: Using Columbus as an example. If the voters within the city limits
reject the proposed ESD. The Columbus Volunteer Fire Department would still serve the citizens within our boundaries, even outside the city. However, there will be a contract in place with the ESD to do so. This contract would allow CVFD to travel outside the city limits; the contract will include how much it will cost the ESD to rent the apparatus and station from the City of Columbus to allow for beyond city limit operations. These funds would either be sent to the City of Columbus or CVFD directly.
5. If the voters within the City of Columbus decide to approve the ESD. Will my city taxes go down?
Response: There are two options currently. Reduce the taxes on the citizens within the city limits or use the funds for other public needs within the city limits 6. By state law, the City of Columbus must provide a pension plan for its vol- unteer firefighters. Current participation is in the state plan. If the ESD passes in Columbus, then there would be ESD #1 instead of a volunteer FD and technical -
ly no volunteer fire department.
Response: According to TESRS (Texas Emergency Services Retirement System) no law states a municipality is required to provide a pension plan for a volunteer fire department. If the ESD is approved by the voters, each department will still be a volunteer department, and the Columbus Volunteer Fire Depart ment will not go away. However, the ESD will provide oversight and funding to each of the departments. The ESD board has the option to continue to fund the retirement system. The ESD board 7. Will the ESD continue to fund the pension participation for the firefighters? Or would the city have to continue to fund the pen- sion participation?
Response: According to TESRS (Texas Emergency Ser vices Retirement tem) there is no law that states a municipality is required to provide a pension plan for a volunteer fire depart ment. If the ESD is approved by the voters, each department will still be a volunteer depart - ment, Columbus Volunteer Fire Department is not going away. However, the ESD will provide oversight and funding to each of the departments. The ESD board has the option to continue to fund the retirement system. The ESD board also has the option to cease that contribution. The same option will be held by the city. This issue will be worked out in the contract between the city and ESD.
8. What will happen to the dis - patch service now being provided by CCSO at no cost to the FDs? This was originally set up as the county's way to help and provide assistance to the FDs. If ESD tax dollars now take over, will that service still be done at no charge for the FDs? Or, even at all?
Response: The dispatch ser- vice is provided by CCSO and is funded by the taxpayers within the county, just like the CCSO and EMS. With that being said, the ESD board will have the choice to continue to use the cur- rent dispatch system or invest in an outside provider. If the current dispatch system is chosen, there will be a contract to lay out the details. This issue will be worked out in the contract between the city and ESD.
9. Colorado County currently pays for the Worker's Compensa - tion on all the volunteer firefight - ers in the county. (TAC) What happens to this coverage if the ESD goes into effect? Will the ESD provide this coverage for the firefighters?
Response: If the ESD is ap- proved by the voters, the ESD will assume the financial re - sponsibility to provide worker compensation to all volunteer firefighters.
10. Are all operational costs on
equipment the responsibility of the ESD?
Response: This will depend on who owns the equipment. (This will be laid out in the contract between the ESD and the city / fire department): Apparatuses- If the individual department owns the apparatus, then the cost of the repairs is the responsibility of that department. If, the de - partment or city would like the ESD to cover these costs then the department or city would need to sign the title over to the ESD. Bunker and Wildland Gear-If the ESD purchases the equipment it belongs to the ESD.
11. Who has ownership of the fire station facilities? Can $$ be used for real estate purchases and construction?
Response: Currently, the sta -
tions belong to the individual fire department or the city. These fa - cilities will remain the property of the individual department or
city. Unless that department or city chooses to sign that prop - erty over to the ESD. Yes, ESD monies can be used to buy land and build stations to improve fire services in the county.
12. If the ESD tax comes into play, will my homestead exemp - tion apply to the property value?
Response: An ESD is re- quired to grant the following two exemptions- Disabled Veteran Exemptions and Agricultural Use or Wildlife Management Ex - emptions (Open Space 1-d-1). An ESD has the option to implement
the following exemptions - Over -65, Homestead, Disability, Sur - viving spouse of First Responder killed in the line of duty.
13. ESD will have to contract with every VFD for fire protec - tion as a provider. What makes up the content of the contract? How would the ESD tax proceeds be divided among the FDs?
Response: Contracts between ESD and departments: Owner ship of apparatuses is the main topic, ownership of stations and/ or land, priorities and responsi bilities of the department. ESD tax proceeds There are many ways to divide the proceeds be -
low is a list of four options. Remember, these can be com -
bined to best serve the depart- ments and the citizens they pro - tect: The Share and Share a Like Method, The Per-Call Basis, Area/Percent of Territory Cov - ered or the as needed or budgeted approach.
14. How much is each FD hav -
ing to pay the ESD attorney?
Response: Each department has contributed to the cost of the ESD attorney. Some more than others. The exact figures I do not have at this point, I can comfort - ably say they are under $2,000.
15. Will the FDs continue as a "Volunteer FD" under ESD?
Response: Yes, the depart - ments will continue to be volun teers. 16. Why is there no plan of op eration to inform the public tax- payer about? Seems like the an - swer when asked is "it would be up to the board" looks like an easy way to pass the buck when there is no plan to begin with.
Response: An ESD must follow Chapter 775, Health and Safety Code. This chapter will guide the ESD board after the creation of the ESD. Www.safe-d - This website is full of useful information. The answer is "It is up to the board" because it truly is up to the board. The board is appointed by the county com - missioners only after the ESD is approved. However, in each town hall we go over the possible di rections that the board could decide.
17. How much will the CAD charge to handle the tax collec -
tion for the ESD?
Response: It has been report- ed by Jane Armontrout that the cost will be close to $190,000.
18. This is a proposed coun- ty-wide ESD. What assurance do I have that the tax I would pay would benefit the FD that pro -
vides my protection? (Currently, I donate directly to that FD).
Response: Thank you for sup - porting your local fire depart - ment. In a countywide ESD, there is not a way to track a singular taxpayer to ensure that it gets to a particular fire department. How -
ever, I ask this question in return, when the first responding fire de partment needs help and calls for mutual assistance as a taxpayer are you concerned about who got your dollar? Or would you prefer fully supported and funded fire departments no matter where that money comes from .
