176 - Powers and duties of fire district commissioners.

§  176.  Powers  and duties of fire district commissioners. Subject to  law and the provisions of this chapter, the fire district  commissioners  of  every  fire  district  shall constitute and be known as the board of  fire  commissioners  of  such  fire  district.  Such   board   of   fire  commissioners    1.  Shall  elect one of their members as chairman at the first meeting  of fire commissioners after such district shall  have  been  established  and  annually  thereafter  at  the  first meeting thereof following each  election of fire district officers. Such chairman, when  present,  shall  preside  at  the  meetings  of  the  board of fire commissioners. In the  absence of the chairman the other members may  designate  one  of  their  members to act as temporary chairman.    2. Shall appoint a fire district secretary.    2-a. May, notwithstanding the provisions of subdivision two of section  one  hundred  seventy-four of this chapter, provide by resolution that a  proposition shall be submitted at any  annual  fire  district  election,  other  than  one  at  which  a fire district treasurer is required to be  elected, determining that the office of fire district treasurer shall be  an appointive office in such district. If such proposition  be  approved  at such election, the office of fire district treasurer shall thereafter  be  an appointive office in such district and no fire district treasurer  shall be elected at  the  expiration  of  the  term  of  office  of  the  incumbent   elected   fire   district   treasurer.  The  board  of  fire  commissioners at its organization meeting shall annually appoint a  fire  district treasurer to hold office until the thirty-first day of December  next  succeeding  his  appointment.  In  any  fire district in which the  office of fire district treasurer has been  made  appointive,  the  fire  district  commissioners  shall  designate one of their members to act as  temporary chairman at the organization meeting each year until such time  as a chairman of the board of fire commissioners shall be chosen.    In any fire district in which the office of  appointed  fire  district  treasurer  may  exist,  the  board  of fire commissioners may provide by  resolution that a proposition shall be  submitted  at  any  annual  fire  district election determining that the office of fire district treasurer  shall  be  an  elective  office in such district. If such proposition be  approved at such election, the office of fire district  treasurer  shall  thereafter  be  an  elective office in such district and a fire district  treasurer shall be elected at the next succeeding annual  fire  district  election in accordance with the provisions of subdivision two of section  one  hundred  seventy-four of this chapter and the term of office of the  appointive fire district treasurer for  whom  such  successor  shall  be  elected shall expire on the thirty-first day of December next succeeding  such annual fire district election.    3.  Whenever  a  vacancy  shall occur in any fire district office, the  board of fire commissioners of such  district,  or  a  majority  of  the  members  thereof  in  office  may appoint a qualified person to fill the  vacancy. If the appointment be made to fill a vacancy in  an  appointive  office,  the  person so appointed shall hold office for the remainder of  the unexpired term. If the appointment be made to fill a vacancy  in  an  elective  office,  the  person  so appointed shall hold office until the  thirty-first day of December  next  succeeding  the  first  annual  fire  district election held thereafter and at such election a successor shall  be  elected for the unexpired portion of the term beginning on the first  day of January next succeeding. If a vacancy shall occur in any elective  fire district office after the first day of October  in  any  year,  the  person  so  appointed  to  fill  the vacancy shall hold office until the  thirty-first day of December  of  the  following  calendar  year  and  a  successor  shall  be  elected  at the annual fire district election heldimmediately prior thereto to serve for  the  unexpired  portion  of  the  term;  provided,  however,  that  if a vacancy so occurs in any elective  fire district office, the term of which would expire on the thirty-first  day  of  December  next  succeeding,  the person so appointed shall hold  office only until such thirty-first day of December.    4. Shall require the fire district treasurer, before entering upon the  duties of his office, to give an official undertaking,  conditioned  for  the  faithful  performance of his duties and that he will well and truly  keep, pay over and account for all moneys and property belonging to  the  fire district and coming into his hands as such treasurer, in such form,  in  such  sum  and with such sureties as the board of fire commissioners  shall direct and approve and such approval shall be indicated upon  such  undertaking,  and  when  approved such undertaking shall be filed in the  office of the town clerk of the town in  which  such  fire  district  is  located. If such district is situated in more than one town, a duplicate  original   of   such   undertaking,   approved  by  the  board  of  fire  commissioners, shall be filed in the office of the town  clerk  of  each  town  in which such district is located. The fire district commissioners  may by resolution determine that such undertaking shall be executed by a  surety company authorized to transact business in the state of New  York  and that the expense thereof shall be a charge on the fire district.    4-a.  Shall  audit  all claims against the fire district and shall, by  resolution, order the payment thereof by the fire district treasurer  in  the  amounts  allowed. Except as otherwise provided by this subdivision,  no such claim shall be audited or ordered paid  by  the  board  of  fire  commissioners  unless  an itemized voucher therefor, in such form as the  board of fire commissioners shall prescribe, shall have  been  presented  to the board of fire commissioners for audit and allowance. The board of  fire  commissioners may provide by resolution that no such claims may be  presented, audited or paid unless they be either  verified  under  oath,  or, in lieu of such verification, certified, to be true and correct in a  statement signed by or on behalf of the claimant. The provisions of this  subdivision  shall  not be applicable to claims for the payment of fixed  salaries, compensation for services of officers or  employees  regularly  engaged  by  the  fire  district at agreed wages by the hour, day, week,  month or year unless so required by resolution  of  the  board  of  fire  commissioners  adopted  at  the  organization  meeting  in  the month of  January, the principal of or interest on obligations issued by the  fire  district,  fixed  amounts  becoming  due  on  lawful  contracts  for the  purchase of water for  fire  protection,  and  amounts  which  the  fire  district  may  be  required  to  pay  to the state employees' retirement  system on account of contributions for  past  and  current  services  of  firemen.  The  board  of  fire commissioners may, further, by resolution  authorize  the  payment  in  advance  of  audit  of  claims  for  light,  telephone,  postage,  freight and express charges. All such claims shall  be presented at the next regular meeting for audit, and the claimant and  the officer incurring  or  approving  the  same  shall  be  jointly  and  severally  liable  for  any  amount  disallowed  by  the  board  of fire  commissioners.    4-b. Any fire commissioner, secretary or treasurer of a fire  district  may  administer  any necessary oath in any matter or proceeding lawfully  before him, or in connection with any paper to be filed with him as such  officer.    4-c. Notwithstanding the provisions  of  subdivision  four-a  of  this  section,  may  by  resolution  establish  a petty cash fund for the fire  district treasurer for the payment, in advance  of  audit,  of  properly  itemized  and  verified  or  certified  bills for materials, supplies or  services furnished to the fire district for the conduct of  its  affairsand  upon  terms  calling for payment to the vendor upon the delivery of  any such materials or supplies or the rendering of  any  such  services.  The  amount  of  such petty cash fund shall not exceed two hundred fifty  dollars.  At the time of any payment from such fund, the treasurer shall  require delivery to him of a bill in form sufficient for  audit  by  the  board  of  fire commissioners as required by law. At each meeting of the  board of fire commissioners a list of all expenditures  made  from  such  fund  since  the  last  meeting  of  the  board, together with the bills  supporting such expenditures, shall be presented by the treasurer to the  board of fire commissioners for audit. The board of  fire  commissioners  shall  direct  the  treasurer to reimburse such petty cash fund from the  appropriate budgetary item or items, in an amount equal to the total  of  such  bills  which it shall so audit and allow. Any of such bills or any  portion of such bills which the board of fire commissioners shall refuse  to audit and allow shall be the personal liability of the treasurer  and  he  shall  promptly reimburse such petty cash fund in the amount of such  disallowances. If such reimbursement has not been made by  the  time  of  the  first  payment  of  salary to the treasurer after the action of the  board of fire commissioners in disallowing an amount so  expended,  such  amount  shall be withheld from such salary payment to the treasurer and,  if necessary, subsequent salary payments and paid into such  petty  cash  fund  until  an amount equal to the amount so disallowed in the audit of  the board of fire commissioners has been repaid to the petty cash  fund.  Any bond or undertaking filed by the treasurer shall be available to the  fire  district  for  recovery  of  any  losses incurred by reason of the  operation of such petty cash fund.    5. Shall cause a map to be prepared showing the  exact  boundaries  of  the  fire  district.  If  such  map  indicates  boundary  lines that are  contiguous with an adjacent fire district or fire districts,  then  such  adjacent  fire district or fire districts shall be given written notice,  by certified mail, return receipt requested, addressed to the  secretary  of  such  fire  district,  of the intention to file a fire district map,  together with a copy of such map. Such  notice  shall  be  sent  by  the  secretary  of  the fire district preparing such map. If an adjacent fire  district objects to the location  of  a  boundary  line  affecting  such  adjacent  fire  district,  then within forty-five days of the receipt of  such notification and map, such objections shall be filed with the  fire  district  secretary of the fire district proposing such map and with the  town clerk of each town in which any  part  of  such  fire  district  is  located.  If  such  map  does not indicate any boundary lines contiguous  with an adjacent fire district or fire districts, then a certified  copy  of  such  map  shall be filed by the secretary of the fire district with  the town clerk of each town in which any part of the  fire  district  is  located  for  approval by the town board and, when so approved and filed  by the secretary of the fire district, in the office of the  town  clerk  and  filed  by  the  secretary of the fire district in the office of the  county clerk in which said fire district or any part  thereof  shall  be  located,  shall constitute presumptive evidence of the boundaries of the  fire district. If  such  map  indicates  any  boundary  lines  that  are  contiguous  with  an adjacent fire district, such map shall be submitted  by the secretary of the fire district to the town clerk of each town  in  which  any  part of the fire district is located, together with proof of  service upon such adjacent fire  district  or  fire  districts  of  such  proposed map, and that more than forty-five days have elapsed since such  service  was  made.  In  addition, if objections have been filed, then a  verified statement  either  amending  the  proposed  map  to  meet  such  objections  or denying such objection in whole or in part, shall also be  filed. If the objections are denied, the town board in which  town  suchdisputed  boundary  line  is located shall, within thirty days after the  submission of  all  proofs,  objections  and  denials,  cause  the  town  engineer, if there be one, or, if not, hire a licensed land surveyor, to  survey  the boundary line or lines. If the disputed line or lines lie in  more than one town, the town boards, acting jointly by a  majority  vote  of  the members of each such town shall determine which town engineer or  licensed land surveyor shall survey the boundary line or lines. The cost  of this survey, if any, shall be borne equally  by  the  fire  districts  involved. Upon receipt by the town board or town boards of the survey of  the  disputed  boundary line or lines, each involved fire district shall  be immediately notified  by  the  town  clerk  or  town  clerks.  If  no  objections  are  served  upon  the town clerk or clerks by adjacent fire  districts within sixty days of  receipt  of  such  notification  or  the  boundary  line  or  lines  have  been  adjusted to meet objections, then  thereafter and within twenty days, the town board or town boards if  one  disputed  line  or  lines lie in more than one town shall cause a public  hearing to be held, at which hearing owners  of  real  property  in  the  affected  area  shall  be  given  an  opportunity  to be heard. Upon the  conclusion of said public hearing, the town board  shall  determine  the  disputed  line  or  lines, and if the disputed line or lines lie in more  than one town, the town boards acting jointly by a majority vote of  the  members  of  each  such  town board shall determine the disputed line or  lines and a copy of such map, as finally approved by the town  board  or  town  boards,  shall  be filed in the office of the town clerk or clerks  and certified copy shall be filed in the office of the county  clerk  in  which  said fire district or any part thereof shall be located. Such map  shall then constitute presumptive evidence of the boundaries of the fire  district. The town clerk shall notify each affected fire district of the  filing of such map in such town clerk's office or  offices  and  in  the  office  of the county clerk. The town clerk or clerks shall also publish  a notice of the filing of said map in the official paper of the town  or  towns.  Any  fire  district  believing  itself  aggrieved  or  aggrieved  property owner may within thirty days  of  receipt  of  notification  or  publication  commence  an appropriate proceeding in the supreme court of  the state of New York, in accordance with article seventy-eight  of  the  civil  practice law and rules, naming the involved fire district and the  town board or boards as respondents. All fire district  maps  heretofore  approved  by  the  town board of each town in which any part of the fire  district is located and which map was filed in the office of  the  clerk  of  each  town  in  which said fire district is located and filed in the  office of the county clerk in which  said  fire  district  or  any  part  thereof  is located, prior to the first day of January, nineteen hundred  eighty-one, shall continue to be presumptive evidence of the  boundaries  of such fire district.    6.  Shall  give  notice  of annual elections in the manner provided in  this article.    7. Shall require that candidates for district offices file their names  with the secretary of the fire district at least twenty  days  prior  to  the  date of such fire district elections and in addition may provide by  resolution  that  such  nominations  be  submitted  in   petition   form  subscribed  by  twenty-five qualified voters of the district. Thereafter  the ballots prepared for the election of fire  district  officers  shall  specify  the  names of the candidates duly filed and in addition provide  proper blank spaces for each office to be filled at  such  election.  If  any  such resolution shall be adopted, the requirements thereof shall be  specified in the notice of each fire district election held  thereafter.  The  board of fire commissioners may rescind such resolution at any timeand thereafter fire district officers  shall  be  elected  as  otherwise  provided herein.    8.  Shall appoint officials for fire district elections as provided in  section one hundred seventy-five of this chapter  and  may  provide  for  their compensation pursuant to such section.    9. Shall have the power to make any and all contracts for the purposes  herein authorized within the appropriations approved by the taxpayers of  the district or within the statutory limitations specified herein.    10.   May  organize,  operate,  maintain  and  equip  fire  companies,  including the purchase of uniforms to be used by  the  members  of  such  companies, and provide for the removal of such members for cause.    11.  May  adopt rules and regulations governing all fire companies and  fire departments in said district and  prescribing  the  duties  of  the  members  thereof  and  enforce discipline and provide for public drills,  parades, funerals, inspections and reviews of  the  fire  district  fire  department,  or any company or unit thereof, within the fire district or  at other places within the state, any adjoining state or in Canada. Such  rules and regulations shall not authorize any member  of  the  board  of  fire  commissioners  to  interfere  with  the  duties  of  the  chief or  assistant chief at such times as the fire department or any  company  or  squad thereof is on duty.    11-a.  The  members  of the fire department of the fire district shall  meet at a time and place designated by the board of  fire  commissioners  on  the  Thursday  following the first Tuesday in April of each year and  nominate persons for the offices of chief and such assistant  chiefs  as  may be provided for in the rules and regulations adopted by the board of  fire commissioners. If the Thursday following the first Tuesday in April  falls  upon  a  day  of  special religious observance, the board of fire  commissioners may designate  any  other  weekday  in  April  after  such  Thursday  as the day upon which to hold such meeting. Each nominee shall  be a member of the fire department.  In  addition,  the  board  of  fire  commissioners  may  by  resolution  require that any or all of such fire  department officers  shall  be  residents  of  the  fire  district.  All  nominations  shall  be made by ballot. The person acting as secretary of  such meeting shall  promptly  notify  the  fire  district  secretary  in  writing  of  such  nominations.  The  board of fire commissioners at its  meeting next succeeding the making of such  nominations  shall  consider  the  same  and  shall  appoint such persons to the offices to which they  have been respectively nominated or, if a nomination is not approved the  board of fire commissioners shall call another meeting of the members of  the fire department at which a new nomination shall be made to take  the  place  of  any  nomination  not approved, which procedure shall continue  until a full set of officers is approved. Any such person  shall  assume  the duties of his office as soon as he has been appointed thereto by the  board  of  fire  commissioners  and  shall  serve until his successor is  appointed. A person who has been convicted of arson in any degree  shall  not be eligible for nomination, election or appointment to the office of  fire  department  chief or assistant chief. Any fire department chief or  assistant chief who is convicted of arson in any degree during his  term  of office shall be disqualified from completing such term of office.    11-b.  The  members  of  the  fire  department at a regular or special  meeting of the department held after the month of April but prior to the  month of November in any year may adopt a resolution  recommending  that  future  meetings for the nomination of the chief and assistant chiefs be  held in December, either on the first Thursday, the first Saturday,  the  Thursday  following  the first Tuesday, the Saturday following the first  Tuesday, the Thursday following the  second  Tuesday,  or  the  Saturday  following the second Tuesday in such month, instead of April as providedin  subdivision  eleven-a  of this section. Provided, however, the Davis  Park fire department may adopt a resolution to hold future meetings, for  nomination of  chief  and  assistant  chiefs,  on  the  last  Sunday  in  September. The notice or call for such meeting shall specify that such a  resolution  will  be  offered  to be voted upon at such meeting. If such  resolution is adopted, the board of fire commissioners may adopt a  rule  or regulation providing that future meetings for the nomination of chief  and  assistant  chiefs  shall  be  held in December, either on the first  Thursday, the first Saturday, the Thursday following the first  Tuesday,  the  Saturday  following  the  first Tuesday, the Thursday following the  second Tuesday, or the Saturday following the  second  Tuesday  in  such  month or the last Sunday in September in the Davis Park fire department,  as  specified  in  the  fire  department resolution, instead of April as  provided in subdivision eleven-a of this section. Each nominee shall  be  a member of the fire department and a resident of the state of New York.  In  addition,  the board of fire commissioners may by resolution require  that any or all of such fire department officers shall be  residents  of  the  fire  district. All nominations shall be made by ballot. The person  acting as secretary of such  meeting  shall  promptly  notify  the  fire  district  secretary  in  writing  of such nominations. The board of fire  commissioners at its organization meeting in the month of  January  next  succeeding  the  making  of such nominations shall consider the same and  shall appoint such persons to  the  offices  to  which  they  have  been  respectively  nominated or, if a nomination is not approved the board of  fire commissioners shall call another meeting of the members of the fire  department at which a new nomination shall be made to take the place  of  any nomination not approved, which procedure shall continue until a full  set  of officers is approved. Any such person shall assume the duties of  his office as soon as he has been appointed thereto by the board of fire  commissioners and shall serve until his successor is appointed. A person  who has been convicted of arson in any degree shall not be eligible  for  nomination,  election  or  appointment  to the office of fire department  chief or assistant chief. Any fire department chief or  assistant  chief  who  is convicted of arson in any degree during his term of office shall  be disqualified from completing such term of office.    If the date of meetings for the  nomination  of  chief  and  assistant  chiefs  is  changed  from April to September or December pursuant to the  foregoing provisions of  this  subdivision,  the  members  of  the  fire  department  at a regular or special meeting of the department held after  the month of April but prior to the month of November in  any  year  may  adopt  a resolution recommending that future meetings for the nomination  for such officers shall be held in April pursuant to the  provisions  of  subdivision  eleven-a  of  this section. The call for such meeting shall  specify that such a resolution will be offered to be voted upon at  such  meeting.   If   such   a  resolution  is  adopted,  the  board  of  fire  commissioners may adopt a  rule  or  regulation  providing  that  future  meetings  for the nomination of chief and assistant chiefs shall be held  in April pursuant to the provisions  of  subdivision  eleven-a  of  this  section and that the provisions of such subdivision eleven-a shall again  become applicable.    11-c. May adopt a resolution to employ paid firefighters and paid fire  officers  including but not limited to a paid chief of the fire district  department, provide for their powers and duties, determine the chain  of  command   in   the   fire  department  as  between  volunteer  and  paid  firefighters, determine that paid chief and/or any other  paid  officers  shall  have  charge of apparatus and other equipment, and determine that  the volunteer firefighters and volunteer officers of the fire department  shall act under the orders and control of such paid fire  officers.  Theboard  of  fire  commissioners  may adopt a resolution to appoint a paid  chief of the fire  district  department  only  after  holding  a  public  hearing  prior  to  adopting such resolution. The notice of such hearing  shall  be  published  and  posted  and such hearing shall be held in the  manner provided in section one hundred seventy-one of this article for a  hearing upon the establishment of a  fire  district.  The  notice  shall  state  the  reason  for  the  hearing  including  but not limited to the  proposed employment of and proposed salary for the paid chief.    12. May contract for  a  supply  of  water  and  for  the  furnishing,  erection,  maintenance, care and replacement of fire hydrants, including  the erection and maintenance of markers therefor, and  removal  of  snow  and  ice  to  provide access thereto, for fire purposes for a period not  exceeding five years without any  appropriation  vote  therefor  by  the  qualified voters of such district.    12-a.  In order to provide a supply of water for firefighting purposes  for any area of a fire district which does  not  have  an  adequate  and  available  supply  or  which  cannot  be  suitably  supplied by contract  pursuant to  subdivision  twelve  of  this  section,  (1)  may  purchase  permanent  or  temporary  rights to take water from cisterns, wells, and  bodies of water and water-courses within the fire district, or may lease  such rights, and (2) may purchase, construct  or  lease,  and  maintain,  fire  suction  pools in bodies of water and water-courses, fire cisterns  and fire wells, including necessary pipes,  pumps,  hydrants  and  other  facilities in connection therewith, and may purchase and lease necessary  real  property  and  rights  in  land  and water therefor. The water and  improvements shall be used for fire-fighting purposes only and the water  shall not be sold. The fire suction pools, fire cisterns and fire  wells  shall  be fenced or covered to prevent trespass by children and domestic  animals. Any such improvement shall be located upon real property within  the fire district which is owned or leased by the fire district or  upon  which  an  easement  has been acquired by the fire district, except such  portions of the improvement which  are  located  within  the  bounds  of  public highways, roads or streets with the consent of the state or local  official  charged  with  the supervision of the highway, road or street.  The board of fire commissioners may purchase insurance  to  protect  the  fire district from liability for damage to persons or property resulting  from  the  maintenance of any such improvement by the fire district. If,  after proceeding pursuant to this subdivision, an adequate and available  supply of water for fire-fighting purposes becomes  available  for  such  area  or  if  a  suitable  supply  may  be obtained therefor by contract  pursuant to subdivision twelve  of  this  section,  the  fire  district,  nevertheless, may continue to act pursuant to this subdivision.    13.   May   purchase   or   lease  apparatus  and  equipment  for  the  extinguishment and the prevention of  fires  and  for  the  purposes  of  emergency rescue and first aid and fire police squads.    14. For the preservation, protection and storing of fire apparatus and  equipment  and  for  the  social and recreational use of the firemen and  residents of the district and for any of the purposes authorized by law,  may acquire by purchase, lease, gift, devise or  by  condemnation,  real  property   and  erect,  construct,  alter,  repair  and  equip  suitable  buildings, and may furnish necessary supplies for such purposes, and may  lease portions thereof not required for fire district purposes. All real  property required by any fire district for  any  purpose  authorized  by  this  article  shall  be deemed to be required for public use and may be  acquired by such fire district.    15. May construct and maintain an adequate fire alarm system  in  said  district.16.  May  contract  to  provide  outside of the fire district (1) fire  protection, (2) emergency service in case of  accidents,  calamities  or  other  emergencies,  or  (3)  general  ambulance service pursuant to the  provisions of section two hundred nine-b of the general  municipal  law,  upon such terms as the board of fire commissioners may determine proper,  provided  that  such service can be supplied without undue hazard to the  fire district furnishing the service. Whenever the  fire  department  or  fire  company  of  a  fire district provides any such service to outside  territory pursuant to a  contract,  as  aforesaid,  the  board  of  fire  commissioners  of  such  fire district may pay to the fire department of  such fire district, or to any fire company or  companies  of  such  fire  district,  performing the service, such portion of the contract price as  such board may deem proper, but not in any event to  exceed  thirty-five  per  centum  of such contract price. The amount received pursuant to any  such contract may be expended without being included in the amount  that  may  be expended annually without the adoption of a proposition therefor  as provided in subdivision numbered eighteen  of  this  section  and  in  section one hundred seventy-nine of this chapter.    17.  May  employ an attorney to counsel and assist in the discharge of  its official duties and give it such professional  services  as  it  may  require  in  conducting or defending any action or legal proceedings. If  the town attorney shall be so employed he shall receive, in addition  to  his salary as town attorney, such compensation from the fire district as  shall  be agreed upon between the commissioners of the fire district and  such  town  attorney,  notwithstanding   the   provisions   of   section  twenty-seven of this chapter.    18.  May,  without the adoption of a proposition, expend from the fire  district revenues for any fiscal year amounts appropriated for    (1) the payments under contracts made pursuant to subdivisions  twelve  and twenty-two of this section,    (2)  the  payments required under a lease to provide a supply of water  for fire fighting purposes entered into pursuant to subdivision twelve-a  of this section,    (3) the payment of the  principal  of  and  interest  on  bonds,  bond  anticipation  notes  and  capital notes issued by the fire district, and  budget notes issued pursuant to the provisions of subdivisions five, six  and seven of paragraph a of section 29.00 of the local finance law,  and  interest  on tax anticipation notes issued pursuant to the provisions of  paragraphs c-1 and c-2 of section 24.00 of the local finance law,    (4) the compensation of paid fire district officers,  fire  department  officers, firemen and other paid personnel of the fire department,    (5)  contributions  to the New York state employees' retirement system  and the New York state policemen's and firemen's  retirement  system  on  account  of past and current services of paid fire district officers and  employees, including the paid officers, firemen and other  personnel  of  the fire department,    (6)  an assessment, charge, share or other payment required to be paid  as the result of the participation by the fire district  in  any  county  self-insurance  plan  under  article  five of the workmen's compensation  law,    (7) the cost of insurance  secured  to  indemnify  the  fire  district  against  liability  for  benefits or compensation required to be paid or  furnished under or pursuant to the volunteer firemen's benefit  law  and  workmen's  compensation  law,  or  for  the  payment  of the benefits or  compensation required to be paid or furnished under or pursuant to  such  laws  by a fire district which is a self-insurer under such laws, to the  extent that such benefits and compensation have not  been  recovered  insuch fiscal year under section twenty of the volunteer firemen's benefit  law or section twenty-nine of the workmen's compensation law,    (7-a)  the  payment  required  annually  to  fund  service  awards  to  volunteer firefighters made pursuant to article eleven-A of the  general  municipal law,    (8)  the  cost  of  blanket  accident  insurance  purchased  under the  provisions of section four thousand  two  hundred  thirty-seven  of  the  insurance  law  to  insure  volunteer  firemen  against  injury or death  resulting  from  bodily  injuries  sustained  by  such  firemen  in  the  performance of their duties,    (9) medical, surgical, hospital or other care or treatment and medical  inspections  required  in  connection  with  the disability of paid fire  department personnel pursuant to section  two  hundred  seven-a  of  the  general municipal law, to the extent, if any, that such charges will not  be  paid by an insurance carrier or county self-insurance plan under the  workmen's compensation law or have not been  recovered  in  such  fiscal  year under such section two hundred seven-a or under section twenty-nine  of the workmen's compensation law,    (10)  employer's  contributions  for  old  age and survivors insurance  coverage under article three of the retirement and social security law,    (11) the payment of the principal  of  and  interest  on  indebtedness  evidenced  by  tax anticipation notes issued pursuant to subdivision one  of paragraph d of section 24.00 of the local finance law in relation  to  newly-created  fire  districts  under  subdivision  twenty-six  of  this  section, and    (12)  the  payment  of  compromised   claims   and   judgments   under  subdivisions twenty-eight and thirty of this section;    (13)  the  cost  of  insurance  secured to indemnify the fire district  against liability arising out of the  ownership,  use  or  operation  of  motor vehicles owned by the fire district; and    (14)   the   payment  of  monetary  rewards  pursuant  to  subdivision  thirty-one of this section.    (15) the cost of  fuel  for  the  fire  district  emergency  vehicles,  including fuel tax carry-overs.    (16)  the  cost  of  audits  required  pursuant to section one hundred  eighty-one-a of this article.  In addition to such expenditures, the board of fire commissioners of any  fire district may, without  the  adoption  of  a  proposition  therefor,  expend from the first district revenues for any fiscal year for purposes  authorized  by or pursuant to law not to exceed two thousand dollars and  in districts having a full valuation of real property taxable  for  fire  district  purposes in excess of one million dollars an additional amount  equivalent to one mill for each dollar of full valuation of taxable real  property in excess of the first million dollars  of  full  valuation  of  such  taxable real property. Such full valuation shall, for the purposes  of this subdivision, be computed by dividing the assessed  valuation  of  the  real property subject to taxation by the fire district, as shown on  the assessment roll for the fire district which  was  completed  in  the  second  calendar  year  prior  to that in which the expenditure is to be  made, by the town equalization rate established for  such  roll  by  the  state  board  of  equalization  and  assessment. Where, in the case of a  newly-created fire district, there is no such completed assessment  roll  for  such  fire  district,  full  valuation shall be determined from the  assessment roll  upon  which  the  real  property  included  within  the  district  was  assessed for town purposes and which was completed in the  second calendar year prior to that in which the  expenditure  is  to  be  made.  In  any  fire district the foregoing limitations provided in this  subdivision may be exceeded if a proposition has been  adopted  pursuantto  paragraph (d) of subdivision one of section one hundred seventy-nine  of this chapter.    The  foregoing  limitations on expenditures shall not be applicable to  the proceeds of a contract for fire  department  services  entered  into  pursuant  to  the  provisions of subdivision sixteen of this section and  such proceeds may be expended for purposes authorized by or pursuant  to  law.    The  foregoing  limitations on expenditures shall not be applicable to  appropriations  to  or  expenditures  from  a   repair   reserve   fund,  contingency  and  tax  stabilization reserve fund, capital reserve fund,  debt stabilization fund, workers' compensation reserve  fund,  mandatory  reserve  fund,  unemployment  insurance  reserve  fund  or liability and  casualty reserve fund established pursuant  to  sections  six-d,  six-e,  six-g,  six-h,  six-j,  six-l,  six-m and six-n of the general municipal  law, or to the use of the income  and  capital  gains  realized  on  the  investments of the assets of such funds.    The  foregoing  limitations on expenditures shall not be applicable to  the use of premiums from the sale  of  fire  district  obligations,  the  unexpended  portion  of  the  proceeds of fire district obligations, the  income and capital gains realized on the  temporary  investment  of  the  proceeds,  inclusive  of  premiums,  of  fire  district  obligations, as  provided in section 165.00 of the local finance law.    The foregoing limitations on expenditures shall not be  applicable  to  the use of the proceeds of a gift or gifts given to a fire district, and  such  proceeds may be expended for purposes authorized by or pursuant to  law.    The provisions of this subdivision shall not be deemed to prevent  the  issuance  of  bonds,  bond  anticipation  notes, capital notes or budget  notes to finance any object or purpose for which the fire  district  may  expend money.    The  foregoing  limitation  on expenditures shall not be applicable to  the use of insurance proceeds received for the loss,  theft,  damage  or  destruction  of  real  or  personal property when proposed to be used or  applied to repair  or  replace  such  property.  Such  proceeds  may  be  appropriated  by  resolution  of  the board of fire commissioners at any  time for such objects and purposes.    The foregoing limitation on expenditures shall not  be  applicable  to  contributions  to  the state's unemployment insurance fund on account of  salaries paid to fire district officers  and  employees,  including  the  paid officers, firemen and other personnel of the fire department.    18-a.  May  employ  such persons as may be necessary to effectuate the  objects and purposes of the district. Persons may be  employed  as  paid  firemen,  however,  only  after  a  public  hearing  in relation to such  employment. Any such  hearing  shall  be  held  by  the  board  of  fire  commissioners  and  the  notice of the hearing shall state the time when  and place in the district where the hearing will be held, the number  of  paid  firemen to be employed and the total annual amount to be spent for  the salaries or other compensation of such firemen. The notice shall  be  published  in  the  official newspaper of the district at least once not  more than twenty nor less than ten days before the hearing.    19. Shall have the exclusive management and control of the property of  the fire district and may insure the same against loss  or  damage  from  any  risk whatsoever and may contract at the expense of the district for  insurance indemnifying the district, its officers, agents, employees and  the members of all fire companies against any loss arising from injuries  to persons or property through the operation  and  maintenance  of  such  fire  district  and the performance of the duties thereof and insure themembers of the fire department of the district against injury  or  death  in the performance of their duties, or both.    20.  May  grant  or  withhold  its  consent to the formation of a fire  corporation which intends to operate within the territory of  such  fire  district,  pursuant  to  subdivision (f) of section four hundred four of  the not-for-profit corporation law.    21. Shall have and exercise all the powers  conferred  upon  the  fire  district  and  such  additional  powers  as shall be necessarily implied  therefrom.    22. May contract for the furnishing of fire protection within the fire  district with any city, village, fire  district,  or  incorporated  fire  company   having   its  headquarters  outside  such  fire  district  and  maintaining adequate and  suitable  apparatus  and  appliances  for  the  furnishing  of  fire  protection  in such district; provided there is no  fire company maintaining its headquarters in said district  or  provided  the  fire  department  of said district is, in the judgment of such fire  commissioners, unable to render adequate and prompt fire  protection  to  such district or any area thereof. The contract also may provide for the  furnishing  of (1) emergency service in case of accidents, calamities or  other emergencies in connection with which the services of firemen would  be required and (2) general ambulance service subject, however,  to  the  provisions  of  section two hundred nine-b of the general municipal law.  In the event that the fire department or fire  company  furnishing  fire  protection  within  the  district pursuant to contract does not maintain  and operate an ambulance and provision has not otherwise been  made  for  ambulance  service  for the area of the district pursuant to section one  hundred twenty two-b of  the  general  municipal  law  then  a  separate  contract may be made for the furnishing within the district of emergency  ambulance  service or general ambulance service, or both, with any city,  village or fire district the  fire  department  of  which,  or  with  an  incorporated  fire  company having its headquarters outside the district  which, maintains and operates an ambulance subject, however, in the case  of general ambulance service, to the provisions of section  two  hundred  nine-b of the general municipal law.    The contract shall not be entered into until a public hearing has been  held  by the board of fire commissioners. Notice of the hearing shall be  published at least  once  in  at  least  one  newspaper  having  general  circulation  in the district. The notice shall specify the time when and  place where the hearing will be held, and describe in general terms  the  proposed  contract.  The first publication thereof shall be at least ten  days prior to the day specified for the hearing.    Except as hereinafter provided, the term of the contract shall be  for  a  definite  period  of time, but in no event shall the term exceed five  years. The contract year or years in all  such  contracts  entered  into  after  the  year  nineteen  hundred  sixty  shall  terminate on December  thirty-first.    Instead of being for a definite  term  as  hereinabove  provided,  the  contract  may  be  for an original term of one calendar year or less and  provide that it shall be deemed renewed on  the  same  basis  each  year  thereafter  for  a  further  term  of one full calendar year without any  further public hearing unless  one  of  the  contracting  parties  shall  notify the other in writing on or before the first day of August that it  elects  to terminate the contract on December thirty-first in that year.  The term of any such contract, including renewals, shall not exceed five  years, but the contract may provide that there shall be less  than  four  such  renewals. If the city, village or fire district fire department or  fire company which is to furnish the service under such  a  contract  is  not  a  fully  paid  department  or  company,  the city, village or firedistrict governing board upon the request of the department or  company,  shall terminate the contract as provided in this paragraph. Any contract  entered into pursuant to this paragraph may provide that in the month of  July  of each year in which such a renewal could occur the fire district  secretary shall notify the secretary of  the  fire  department  or  fire  company  which  is  to  furnish  the service under the contract that the  contract shall be deemed renewed on the same basis for  a  further  full  term  of  one  calendar year unless one of the contracting parties shall  notify the other in writing on or before the first day of August that it  elects to terminate the contract on December thirty-first in such year.    The contract shall specify a definite sum to be paid each year for all  of the services to be rendered thereunder  and  may  provide  that  such  amount shall be paid in one sum or in installments.    By  mutual  consent  of  the  contracting  parties, and after a public  hearing held pursuant to  notice  in  the  manner  aforesaid,  any  such  contract  heretofore  or  hereafter  executed  may  be  (1) amended, (2)  terminated, or (3) terminated and a new contract may be entered into  in  lieu  thereof,  if  the board of fire commissioners, after such hearing,  shall determine by resolution, that it is in the public interest  so  to  do. Such notice shall state in general terms the reason why any existing  contract  is to be amended or terminated, and if a new contract is to be  entered into the notice shall also describe the new contract in  general  terms.    The  term  "fire  protection",  as  used in this subdivision, includes  inspections of buildings and properties in the  fire  district  for  the  purposes specified in and as authorized by section eight hundred seven-a  of the education law, subdivision four of section three hundred three of  the  multiple  residence law, and section one hundred eighty-nine of the  town law.    The provisions of this subdivision shall not be deemed to have amended  subdivision two of section two hundred nine-b  or  section  two  hundred  nine-d  of  the  general municipal law, or any other general, special or  local law requiring the consent of a fire department, fire company or an  emergency rescue and first aid squad to the entering into of a  contract  for services to be performed by such department, company or squad.    23. May sell or otherwise dispose of real and personal property of the  district  no  longer  necessary for any of its uses or purposes if, when  and in the manner and to the extent authorized so to do in a proposition  which is duly submitted and adopted or approved at a special  or  annual  fire  district  election  in  the manner provided by section one hundred  seventy-nine  for  voting  upon  appropriations,  except   that   if   a  proposition  shall  be  submitted  pursuant  to  the  provisions of said  section for the purchase of apparatus  or  if  a  proposition  shall  be  submitted  pursuant  to the local finance law for the approval of a bond  resolution or a capital note resolution for obligations to be issued for  the purchase of apparatus, such proposition may specify  that  apparatus  or  equipment  owned by the district or the proceeds of the sale thereof  is to be used in part payment for new apparatus and the adoption of such  proposition shall authorize the sale or such other disposition  of  such  apparatus  or equipment, or if apparatus or equipment is to be purchased  without the submission  of  a  proposition  as  aforesaid  apparatus  or  equipment  owned  by  the  district  may be used as part payment for new  apparatus or equipment without the adoption of a  proposition  therefor,  and  except  also  that  the board of fire commissioners may at any time  sell or otherwise dispose of real and personal property of the  district  no  longer  necessary  for any of its uses or purposes if valued at less  than fifty thousand dollars, if, when and  in  the  manner  and  to  the  extent  authorized  so to do in a resolution which shall be subject to apermissive referendum governed in the  manner  provided  in  subdivision  four  of section six-g of the general municipal law and except also that  the board of fire commissioners  may  at  any  time  sell  or  otherwise  dispose  of  real  and  personal  property  of  the  district  no longer  necessary for any of its uses or purposes  without  the  adoption  of  a  proposition  therefor  if  the  value of such real and personal property  does not exceed the sum of ten thousand dollars.    23-a. Shall award all contracts for public work and, except  when  the  office  of director of purchasing has been established and a director of  purchasing  shall  have  been  appointed  and  qualified,  all  purchase  contracts  to the lowest responsible bidder after advertisement for bids  where so required by section one hundred three of the general  municipal  law.  In  any  case of a purchase from a manufacturer of a motor vehicle  used for fighting fires, whether or  not  including  apparatus  used  in  connection  with  such  motor  vehicle,  having  a  period  of  probable  usefulness of ten years as determined by  section  11.00  of  the  local  finance  law, advertisement for sealed bids may be made and the purchase  contract may be awarded for such motor vehicle and  apparatus  with  the  provision,  if  the  board  of fire commissioners shall so specify, that  progress payments be made to the manufacturer as the  motor  vehicle  or  apparatus or both progresses, provided that evidence satisfactory to the  board  of fire commissioners as to the progress of such work be produced  with each request by  the  manufacturer  for  a  progress  payment,  and  further  provided  that  such progress payments shall not exceed four in  number and that at least twenty-five per cent of the contract  price  of  the  motor vehicle or apparatus or both be withheld by the board of fire  commissioners  until  such  motor  vehicle  or  apparatus  or  both  are  delivered  to  and  accepted  by  the  board  of fire commissioners, and  further  provided  that  every  such  contract  providing  for  progress  payments  shall  be  accompanied by a surety bond of a property/casualty  insurance company, as defined  in  section  one  hundred  seven  of  the  insurance  law,  for  the  completion  of  the  work,  specified  in the  contract, within the amount stipulated  therein,  which  bond  shall  be  filed with the board of fire commissioners.    24.  May  enter  into  an  agreement  with  the town in which the fire  district is located in whole or in part for the fire district  to  issue  fire  permits  on  behalf  of the town as provided in and subject to the  provisions  of  sections  one  hundred  thirty-nine  and   one   hundred  seventy-six-a  of  this  chapter and may terminate any such agreement as  provided in such section one hundred thirty-nine.    25. Shall have power to cause investigations to be made  to  determine  whether  the  provisions  of  laws  relating to fire prevention and fire  equipment are being complied with within the fire district and, in  case  there  is found what appears to be a violation of any town building code  or of any town ordinances, rules and regulations for fire prevention, or  for the removal or repair of unsafe buildings or  collapsed  structures,  shall  report the same to the town building inspector appointed pursuant  to section one hundred thirty-eight of this chapter, or, if there be  no  such official, to the town board, for appropriate action.    26.  The  amount  of any indebtedness incurred by a newly created fire  district prior to the first fiscal year for which an annual estimate  is  adopted,  and  the  amount of the interest thereon, shall be included in  the first statement of expenditures of the district  submitted  pursuant  to  section one hundred eighty-one of this chapter and shall be assessed  and levied on the taxable property of such district and collected in the  same manner and at the same time as the other amounts included  in  such  statement  of expenditures. The amount so raised shall not be subject to  the limitations of subdivision eighteen of this section.27. Shall have power to establish within the fire district one or more  zones in which the rate of tax  for  fire  district  purposes  shall  be  different  from  the  rate  for  other  zones  or for the portion of the  district not included in any zone, after a public hearing  thereon.  The  notice  of  such  hearing shall be published and posted and such hearing  shall be held in the manner provided in this article for a hearing  upon  the establishment of a fire, fire alarm or fire protection district upon  petition,  except  that the secretary of the board of fire commissioners  shall perform the duties of the town clerk. Such  notice  shall  specify  the boundaries of the proposed zone or zones and the items of expense of  the  district  which  shall be charged against such zone or zones, other  than those charged against  the  district  as  a  whole,  or  the  other  respects in which the rates of tax for the proposed zone or zones are to  be  different  from  the  rates for the remainder of the district. After  such hearing and upon the evidence given  thereat,  the  board  of  fire  commissioners  shall determine by resolution whether it be in the public  interest to establish the proposed zone or zones. If  it  be  determined  that  the establishment of such zone or zones be in the public interest,  such board shall determine whether all the property, property owners and  interested persons within the  proposed  zone  or  zones  are  benefited  thereby  or enjoy benefits greater than are conferred upon the remainder  of the district, and whether all property or property  owners  benefited  or  who  enjoy such benefits are included within such zone or zones, and  it shall so alter the boundaries of such zone or zones that all property  and property owners and only such property and property  owners  as  are  benefited and enjoy such benefits shall be included within the limits of  such  zone  or  zones.  In the event, however, that it is found that any  property, property owner or any interested persons not included  in  the  zone  or zones as originally proposed will be benefited thereby or enjoy  such benefits, a further  notice  shall  be  posted  and  published  and  another  hearing  held  as  provided  herein, unless all said additional  property owners or interested persons affected file a written consent to  be included in such zone or zones. When the boundaries of such  zone  or  zones  shall  have  been finally determined by such board, a certificate  thereof shall be filed in the office  of  the  town  clerk  or,  if  the  district  be  situated in more than one town, in the offices of the town  clerks of all of the towns in which such district is situated, and  such  zone  or  zones  shall  be  deemed  established  by  the  filing of such  certificate. Such board shall also  cause  such  zone  or  zones  to  be  correctly  marked upon the map of the fire district. It is intended that  the provisions of this subdivision shall apply, for example,  so  as  to  permit  one  rate of taxation within a given distance of the fire house,  where insurance rates are lower, and another rate for a greater distance  from the fire house, or one rate for that portion of the district  which  does  not  have  water hydrants and another rate for that portion of the  district which has water hydrants, or in the event of any other  unusual  circumstances  making  the  establishment  of a zone or zones desirable.  After such zone or zones shall be established, the annual  statement  of  expenditures,  filed  pursuant to section one hundred eighty-one of this  chapter, shall specify the amounts to be raised by taxation in said zone  or zones, which are not to be  a  general  charge  against  all  of  the  property  of  the  fire  district, and such amounts shall be levied only  upon the property included in such zone or  zones.  Notwithstanding  any  other provision of this chapter, the petition for the creation of a fire  district  may  provide  for  the  establishment  of  a  zone or zones as  aforesaid, and the town board or boards in  the  creation  of  the  fire  district  may  establish  such separate zone or zones in the same manner  that they established the fire district, but the provisions relating  tothe  establishment of zones by the board of fire commissioners of a fire  district shall be followed so far as applicable. In case a petition  for  the  creation  of  a fire district calls for the establishment of such a  zone  or  zones,  the  notice  of the public hearing with respect to the  creation of the fire district shall contain information similar to  that  required  to  be  contained  in the notice given by the secretary of the  board of fire commissioners where the zone or zones are to be created by  the board of fire commissioners and the town board or boards shall  have  all  of  the powers of a board of fire commissioners with respect to the  creation of such zone or zones. The board of  fire  commissioners  of  a  fire  district  in  which a zone or zones shall have been established as  hereinbefore provided may alter the boundaries of any such zone or zones  or cause any such zone or zones to be abolished by procedure similar  to  that  provided  in this section for the establishment of a zone or zones  by the board of fire commissioners.    28. May compromise any suits  or  claims  now  existing  or  hereafter  arising  against  the  fire district under section two hundred five-b of  the general municipal law, and a tax may be levied against  the  taxable  property  of  the fire district for such purpose in addition to the sums  authorized by subdivision eighteen of this section, without the adoption  of a proposition therefor, provided, however, that such compromise shall  have been approved by the court in which such action is pending,  or  if  not  pending  in  any  court,  by  a justice of the supreme court of the  judicial district in which such fire district is located, on  motion  of  either party supported by the affidavits of both an officer of such fire  district and the claimant or claimants, and the affidavits of such other  persons  as  the  court  or  justice  may  require,  setting forth facts  sufficient to establish the liability of the fire district and its  lack  of adequate defense.    29.  May authorize the use of voting machines at any annual or special  election held within the fire district and such voting machine shall  be  used  in accordance with the provisions contained in article nine of the  election law.    30. May provide by taxation the sum  necessary  to  pay  any  judgment  recovered  against  the fire district, or may provide such sum, in whole  or in part, pursuant to the local finance law and any taxes  levied  for  such  purpose against the taxable property of the fire district shall be  in addition to the sums  authorized  by  subdivision  eighteen  of  this  section without the adoption of a proposition therefor.    31.  May  offer  monetary  rewards, in sums not to exceed one thousand  dollars, to individuals  for  information  leading  to  the  arrest  and  conviction  of  any  person  or  persons  for  felonies  or misdemeanors  directly connected to vandalism or  theft  of  district  property.  Such  rewards  may  be  offered  on  any  conditions  the board may determine,  subject to whatever qualifications it may deem appropriate.    32. May engage a certified public accountant or public  accountant  to  audit the accounts and fiscal affairs of the fire district.    33. May authorize the use of fire equipment and apparatus belonging to  the  fire  district for the purpose of participation in the funeral of a  deceased member or former member of a fire department  or  fire  company  within  the  district  including  the  transportation of the body of the  deceased fireman.    34.  May  adopt  a  resolution  authorizing  the  application  of  the  agricultural   value   assessment   established   pursuant   to  article  twenty-five-AA of  the  agriculture  and  markets  law  to  the  special  assessment  or special ad valorem levy made on behalf of the district on  land benefitting from the agricultural value  assessment  under  article  twenty-five-AA  of  the  agriculture  and markets law located within thedistrict. A copy of this resolution shall be delivered to  the  assessor  or  assessors  of the unit or units in which the district is located and  shall be effective on  the  assessment  roll  prepared  after  the  next  taxable  statue date following its adoption. A resolution repealing this  exemption shall be  delivered  to  the  assessor  or  assessors  of  the  assessing  unit  or  units in which the district is located and shall be  effective on the assessment roll prepared after the next taxable  status  date following its adoption.