Fire Company Issues Smolder in West Cape May

WEST CAPE MAY — Borough Commission and West Cape May Volunteer Fire Company have been at odds for nearly one year over signing an agreement to designate the volunteer fire company as the official fire company for West Cape May.
There are side issues of the lack of an all call agreement with other fire companies and a lease for the fire hall.
The stickiest issue: The fire company has refused to allow borough commission to inspect its books. In particular, how much it earns by renting its banquet hall.
More than two years ago, West Cape May Volunteer Fire Company withdrew from an all call agreement with neighboring fire companies that would allow all neighboring fire departments to respond to a fire in West Cape May.
West Cape May Volunteer Fire Company Chief Chuck McPherson told the Herald an all call agreement was not a requirement from the state or federal government but something that had been devised among local fire chiefs.
“It didn’t really work,” he said. “What was happening was when the fire whistle went off, instead of having two fire trucks go to the fire, you’ve got everybody on the island going to the fire. It was too chaotic, it needs some tweaking.”
“It’s not something that I would say wouldn’t work, it wasn’t working for us at the time,” continued McPherson.
He said a mutual aid agreement with Cape May, Cape May Point and Town Bank continues in effect.
West Cape May Mayor Pamela Kaithern said the purpose of the all call agreement was “protection of people and property.” She said the volunteer fire company will respond to all calls in other towns, but did not want other fire companies responding in West Cape May.
Kaithern said some of West Cape May’s volunteer firefighters work in Lower Township and other areas, which could delay response time to a fire. She said the all call meant the borough would get the quickest response possible.
“In an emergency situation, every minute counts,” said Kaithern.
West Cape May Volunteer Fire Company, is an independent, non-profit organization, not a borough department. It has been in operation more than 87 years, but the borough has never officially recognized it as its official fire company.
Having the fire company designated as “official” would open up grant money for the fire company including Federal Emergency Management Agency funds, said Kaithern.
At McPherson’s request, borough commission postponed passing an ordinance in December 2007 to make the fire company “official.” He said he wanted the fire company’s attorney to examine the ordinance.
At that time, Kaithern said she had examined the ordinance line-by-line and determined the majority of information came from the fire company’s bylaws. She said maintenance of the fire hall has been a continuing problem since the volunteer firefighters had little free time to work on the building.
Since the fire hall is a public building, the borough’s Public Works Department could address maintenance issues, said the mayor last year. Kaithern said the borough covered all aspects of the fire company with insurance, which spurred the need to make the fire company official.
Since then, there have been infrequent discussions between the borough and McPherson. Both sides are represented by attorneys.
“The only stumbling block we’re having is the borough is trying to write an agreement that works as a lease on the building. They are trying to package everything into one, and the fire company wants to be recognized and have a separate lease agreement with the municipality,” said McPherson.
Kaithern said commission agreed to separate the issues into an ordinance, a lease and a memo of understanding. She said the commission was having a problem getting fire company responses.
In 1975, the fire company purchased the land that borough hall and fire hall are built upon.
McPherson said the municipality went to the fire company at that time and set up a deal for the fire company to sign the property over to the borough.
He said the borough had the ability to receive federal money to build a borough hall and a fire hall. The fire company signed the property over to the borough at that time.
McPherson said the deal included the fire hall being deeded back to the volunteer fire company 11 years after the grant was received.
“It was like a match made in heaven,” said McPherson.
After 11 years, the fire chief who made the deal was gone, and the late Mayor Jack Vassar reneged on the deal, said McPherson.
“So the fireman feel they got a bad deal,” said McPherson.
He said the fire company would have given West Cape May the borough hall property and kept the fire hall property.
Kaithern said she has repeatedly asked the fire company to provide a document that shows they were supposed to receive the property back after 11 years.
McPherson said the fire company never had a lease but it has always been an understanding that the fire company owned the fire hall and the borough owned borough hall.
The length of the lease is in contention. McPherson said the fire company wants a longer lease than the one-year term being offered by borough commission, perhaps 99 years.
“We, as the fire company feel, we bought the property, we’ve been here for over 85 years, I don’t want to have a one-year lease,” he said.
Kaithern said the borough has offered a five-year lease with an automatic renewal each year.
The fire company has spent close to $7,000 on legal bills on the matter, said McPherson.
Borough Commissioner Peter Burke, who is also public safety commissioner, said the fire company initially requested 50 parking spaces be reserved at the borough hall complex for firefighters. That request was reduced to 30 spaces.
McPherson said the borough allowed patrons of the farmer’s market, which is held Tuesdays during summer, to park anywhere. He said he believed that issue has been resolved.
An issue that hasn’t been resolved is the borough’s request to examine the finances of the fire company.
“They want to give us a one-year lease and at the end of every year, they want to inspect our book,” said McPherson. “We’re a non profit organization, you don’t go to the church and say we’re not going to renew your tax status if we don’t review your books.
“It’s not going to happen,” he continued. “They have no legal right to do it and we don’t know what that has to do with the lease or recognizing us.”
McPherson said the fire company is not in the fundraising business. The fire hall has a very attractive banquet hall to rent out for events ranging from weddings to club meetings.
“The hall rentals cover what they don’t give us,” said McPherson. “Right now, the municipality gives me about $30,000 a year.”
Kaithern said the 2008 municipal budget provided $60,000 to the volunteer fire company, which does not count additional items such as insurance coverage, high speed Internet access, and utilities. She said the borough has also provided capital items such as fire trucks and other equipment.
“Everyone of my departments, we are cutting (budget) with the exception of the fire company,” said Kaithern.
She said the borough needed to know how much revenue the fire company was working with because it would help the municipality “to be able to plan for their needs.”
Borough Commission turned down a $977 request to install blinds in the fire hall.
The volunteer fire company in its 2008 request for capital improvement funding from the borough asked for $18,000 for three new overhead doors, $170,000 for a new façade on the fire hall, $275,000 for a new roof, $8,000 for a new heating system, and $5,000 for carpet.
If both parties cannot come to an agreement, the borough has the option of seeking fire protection from another town through an interlocal agreement. West Cape May receives its police protection from neighboring Cape May.
“It really wouldn’t be beneficial to the borough since I can operate the entire budget for the fire company on less than the salary of one paid guy,” McPherson told the Herald.
He said he asked the borough for $80,000 last year.
McPherson said the fire company buys hose, gear, and vehicles with money it raises. He said the fire company saves the borough money by its own fundraising.
What would happen to the fire hall and trucks if Cape May took over fire protection? McPherson said the borough owns one fire truck, the other trucks belong to the fire company, which would be sold. The fire company’s bank account, by law, would be given to another non-profit fire company such as Cape May Point, he said.
McPherson said the borough would need to purchase the fire hall from the fire company.
The mayor said she would like to come to an agreement with the fire company.
“We have a common purpose, we have a common need, we’re really here to be working for the taxpayers,” said Kaithern.