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Residents split on new fire district

by Alan Lewis Gerstenecker
| March 27, 2013 7:30 AM

As a group of residents south of Libby begin efforts to establish a new fire district in the dissolved Cabinet View Fire Service Area, other residents of the area are quick to say “not so fast.”

Opponents contend it is improper for Lincoln County commissioners to engage in dialogue with a new group while the dissolution of the Cabinet View Fire Service Area still is in litigation.

Last week, Presiding Commissioner Tony Berget admitted he was going against advice of legal counsel because the case still is in the courts as he allowed residents of the dissolved service area to make a pitch for the new district. Berget said it is important to move forward and hear residents’ concerns about fire protection.

“We had put things off for some time,” Berget said Monday. “It may be early. All we wanted to do is know what they want. They have every right (to be heard). During this time, attorneys say they have a right to pursue a petition (to organize).”

However, some contend that discussion was premature.

“This is still up in the air,” said Harry Beebe of 44074 U.S. Highway 2. “They should take defeat, and they should live with it. We have the best volunteer fire department in Montana (Libby Volunteer Fire Deaprtment) serving us. A new district will mean more taxes, and my belt is already so tight I can hardly breathe. There are a lot of people who did not vote for Obama, but they have to go on. The problem is we have a ... bandit who does what he wishes. They should obey the will of the people.”

County Attorney Bernard Cassidy confirmed Monday Sean Goicoechea advised Berget not to meet with the contingent from Cabinet View, which lies within the boundaries of Berget’s district.

“I feel we had put the vote off long enough,” Berget said. “As for doing it for the votes, I’m not going to win any votes out there. Those people think we took away their fire department. I did what was right.”

After hearings and public forums last year, Lincoln County commissioners on June 6 formally dissolved the Cabinet View Fire Service Area. But that was not the end of it, as subsequent lawsuits sought higher opinions. In fact, there is a move afoot to take the CVFSA’s dissolution to the Montana Supreme Court. Those efforts have some area residents, such as Alvin Benitz who resides on Libby Creek Road, to say enough is enough.

“Where does it end? There are still too many questions in this whole thing,” Benitz said. “I understand the Cabinet View Fire Service Area is in debt. What happens to that debt? Does this new fire district assume that debt or will it be on the residents of the new fire district to pay it? Before we jump into something like this that has been dissolved, we need answers.”

Benitz, who attended the commissioners’ meeting last Wednesday when the group discussed the proposed fire district with commissioners, said fire protection in the area is sufficient and does not need another department. Benitz pointed out the rural fire district, which is an arm of Libby Volunteer Fire Department, has a firehouse located near Whiskey Hill.

“We already have the No. 1 fire department in Montana,” Benitz said.

For all the contention of the issue associated with the dissolution of CVFSA, however, the new group did its best to distance itself from the disbanded fire service area. Time and time again, Fire District Spokesman John Rios told commissioners he understands the role of the county as having jurisdiction over fire agencies.

Rios, who was accompanied in the meeting with commissioners by Dennis Souther, Patty Rambo, Ron Miller and Mike Agresta, said they just want to abide by guidelines.

“We want to move forward and not dwell in the past. We aim to support what the laws and regulations say. There is no argument with that,” Rios said.

There is support for the added fire protection in the area.

One such resident is Bret Croucher of 1958 Farm to Market Road.

“I’d be in favor it,” Croucher said. “I think a fire district would make everything a little more safe for everybody. Yes, I would support it even if it makes our taxes go up a little bit.”

That was the sentiment, too, of Dave Friss of 2301 Farm to Market Road.

“I think a fire district would be good,” Friss said. “I never really did understand the politics of it all. There is so much more going on at this end of town that we need it.”

Farther out on Farm to Market Road lives Bill Little, at 6554 Farm to Market Road, and he thinks the issue revolves around money.

“They dissolved the fire department, and our taxes didn’t go down, and I don’t know that they will,” Little said. “I didn’t want the service to go away. I think it was purely political, about money. I’ll tell you what: Someone’s going to get hurt out here, and they’re going to own the county.”

Little said fire protection should be simple.

“So, what’s the big deal with a few neighbors helping neighbors. If I have a fire, I don’t care if it’s a bunch of neighbors with a water truck. We need fire protection out here,” Little said.

If the fire district is approved, residents could end up paying more in taxes than they did with the fire service area.

In a fire service area, homes and structures are taxed at a basic rate. All dwellings, regardless of value are taxed the same. A $200,000 home would be taxed the same as a $100,000 home, and an outbuilding, such as a barn, would be taxed all the same — at a lesser rate than a dwelling.

In a fire district, all property is taxed, whether it is a vacant, unimproved lot or it contains a dwelling. And dwellings are taxed differently, based upon their value. The owner of that $200,000 home would pay more than the person who lives in a $100,000 home.

The panel seeking to establish the fire district has been given the go-ahead to proceed with a petition that will be needed to bring the issue to a vote.