The municipalities agree to establish the Commission effective on the date that the governing bodies for all the municipalities have adopted and approved this agreement by ordinance, and authorize the proper municipal officials to execute the same to govern and operate the District; provided that the Commission will commence the provision of Services on January 1, 2018. The Commission will deliver the services set forth in §
52-9A above for an initial term of seven years commencing on January 1, 2018. Neither municipality shall withdraw from the Commission within the initial seven-year term. If either municipality desires to withdraw from the Commission at the end of the initial seven-year term, it shall provide written notice of such intention no later than the date 12 months prior to the end of the initial term of this agreement, and the Commission shall be dissolved in accordance with the provisions of §
52-17 below. Upon dissolution, the Commission shall return to the withdrawing municipality property in proportion to the property contributed at the creation of the commission.
The fiscal year of the Commission shall be the calendar year.
The municipalities agree to supply the necessary resources, funding
and personnel to effectively maintain the functions of the District
and to assist the Commission in carrying out its duties and responsibilities
under this agreement to better serve the residents of each of the
respective municipalities.
A. Start-up period. Initial start-up costs of the Commission shall be
shared equally by the municipalities. The Commission shall periodically
invoice the municipalities during the start-up period for costs and
expenses incurred or anticipated and the municipalities shall promptly
remit payment.
B. Fiscal year 2018. The costs and expenses of the Commission shall
be shared equally by the municipalities in accordance with the budget
for fiscal year 2018, attached hereto and incorporated herein and
marked "Exhibit A."
C. Budget. On or before October 1 of each fiscal year of the Commission,
the Commission shall submit a draft budget for the following fiscal
year to each of the municipalities. Each municipality shall approve
or reject the draft budget prior to December 1 of the then current
fiscal year. If approved by each of the municipalities, the Commission
shall adopt the budget; if rejected by one or more of the municipalities,
the Commission shall operate in accordance with its then current budget
with adjustments for personnel costs and expenses (including health
insurance) as reflected in the Commission's collective bargaining
agreement and for any new debt service.
D. Ongoing funding. Beginning with fiscal year 2018, the municipalities
shall contribute financial funding for the operation of the District,
each bearing 50% of such costs and expenses. Each municipality will
make a quarterly payment to the Commission with payment dates being
January 2, April 1, July 1 and October 1. The Commission will maintain
an operational fund and a capital fund. The operational fund budget
will include a transfer to the capital fund.
The physical assets of the fire departments of each of the municipalities
will be transferred to the Commission prior to January 1, 2018.
A. Hanover Borough contribution. The following constitutes the capital
contribution of Hanover Borough: The Wirt Park Fire Station, 201 North
Franklin Street, Hanover, Pennsylvania 17331; The Clearview Fire Station,
411 North George Street, Hanover, Pennsylvania 17331; miscellaneous
furnishings and equipment and the following fire vehicles:
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2011
|
KME Engine
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2003
|
KME Engine
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2001
|
KME Engine
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2015
|
Sutphen Aerial
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2011
|
Ford Expedition
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2012
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Chevy P/U Utility
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B. Penn Township contribution. The following constitutes the capital
contribution of Penn Township: The station located at 204 Clover Lane,
Hanover, PA 17331; miscellaneous furnishings and equipment and the
following fire vehicles:
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2004
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Sutphen Engine
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2008
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Sutphen Engine
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2001
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E-One Aerial
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2011
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Ford Expedition
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2002
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Chevy Tahoe
|
C. On January 1, 2018, the Commission will assume any and all debt associated
with any of the physical assets contributed to the Commission by the
municipalities.
The Commission shall hire a full-time employee to be known as
the "Fire Chief" who shall be the chief operating officer of the Fire
District and who shall serve under the direction and supervision of
the Commission. The Fire Chief shall serve as an ex officio member
of the Commission but with no voting rights. The Fire Chief shall
appoint assistant/deputy chiefs/administrative assistant subject to
the approval of the Commission. The Commission shall designate rank
and job descriptions to all positions created by the Commission. All
paid firefighters of the municipalities on December 31, 2017, shall
become employees of the Commission on January 1, 2018.
Current firefighters employed be each of the municipalities
are covered under collective bargaining agreements. Effective January
1, 2018, the collective bargaining unit will be recertified to represent
the firefighters then employed by the Commission.
Effective January 1, 2018, the Commission will expand the scope
of the District in accordance with an agreement with Penn Township
Volunteer Emergency Services, the Eagle Volunteer Fire Department,
the Clearview Volunteer Fire Department and the Penn Township Fire
Police to incorporate each of their operations into the Commission.
Thereafter, the Commission may enter into agreements with additional
municipalities or volunteer fire companies to further expand the Commission.
Additional members may be added to the Commission after approval by
the joining municipality by ordinance or resolution, agreeing to the
terms and conditions of the Commission and by contribution all of
its fire suppression assets to the commission, and a payment of an
amount equal to what its proportional share the operational budget
would have been if it had been a member at the beginning of the fiscal
year reduced by the percentage of the fiscal year that has expired
on the date the municipality becomes a member of the Commission. The
joining municipality's yearly contribution will be calculated
the same as all other members with the adoption of the next fiscal
budget.
The municipalities agree that, in the event of the dissolution
of this agreement, by agreement of all the members of the Commission
at the time of dissolution; or the cession of operation of the District;
or the withdrawal from the Commission of one of the municipalities,
all property, equipment and assets of any kind belonging to the Commission
shall become the property of the municipalities in proportion to their
respective contributions to the Commission. Such proportionate share
is to be determined at the time of the dissolution of the agreement
and shall be in the same proportion as the withdrawing municipality's
capital contribution.
The agreement shall become effective on the date that the governing
body for all of the municipalities has adopted and approved the agreement
by ordinance, and authorizes the proper municipal officials to execute
the same. The implementation of the District shall proceed on the
following timetable:
A. The municipalities shall approve the agreement by ordinance, execute
this agreement, and cause the name, "Hanover Area Fire and Rescue
Commission" to be filed with the Pennsylvania Department of State.
B. The Commission shall begin operations on the date that both of the
municipalities shall have approved and executed this agreement, provided
that the District shall be fully operational and provide the services
contemplated in this agreement on January 1, 2018.