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HomeMy WebLinkAboutMN-BFC-2012-06-21BOARD OF FIRE COMMISSIONERS MINUTES CITY OF ITHACA, NEW YORK Special Meeting 5:00 p.m. June 21, 2012 PRESENT: Board of Fire Commissioners Chair - Gilligan Board of Fire Commissioners: McGonigal, Baker, Hoard, Ellsworth Fire Chief — Parsons City Attorney - Lavine Information Management Specialist - Myers ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. INTRODUCTORY REMARKS: Chair Gilligan thanked everyone for attending the meeting with such short notice. He stated that there are important issues to present to community and volunteer service members regarding the local volunteer fire companies in the City of Ithaca and Town of Ithaca. Chair Gilligan further explained that members of the Board of Fire Commissioners attended a sub - committee meeting of Common Council that was reviewing the City of Ithaca Municipal Code and Charter. He noted that in the City Charter there were a number of items related to the Board of Fire Commissioners responsibilities that had been superseded by other city laws. He noted that some of those items included the involvement of the Board in setting up operating budgets for the fire department, control of fire department apparatus, contracts, agreements, oversight of shift schedules, assignments for paid fire fighters, and their role over the volunteer companies and membership, as well as the distribution of the 2% funds. He further noted that the Board of Fire Commissioners wanted to be more involved with issues related to volunteer company members, clarify differences between active, socially active, inactive members, inactive members wanting to become active members again, members of the fire /police company, and so forth. He further explained that there was a change in City Administration at the end of 2011, with a new mayor and new common council members being transitioned into their new roles. In addition, he noted that a new fire chief was chosen in the Fall of 2011 as well. At the beginning of 2012, the Board of Fire Commissioners asked the new City Attorney to provide them with information on the laws relating to volunteer fire companies. Due to various staffing issues in the Attorney's office, the research into the Board's questions has only recently been answered because of the work of a Cornell Law School unpaid intern working in the City Attorney's office. The Board requested a meeting with the City Attorney to review the intern's research and findings about volunteer fire companies and the distribution of the 2% insurance funds from the State. The Board sees today's meeting as an information session to hear from the City Attorney, and members of the volunteer fire companies in attendance at the meeting. Board of Fire Commissioners Meeting Minutes June 21, 2012 PRESENTATION BY CITY ATTORNEY REGARDING LEGAL CONTEXT FOR VOLUNTEER FIRE COMPANIES IN THE CITY OF ITHACA: City Attorney Lavine thanked the Board for the opportunity to meet with them, and apologized for the delay in responding to their request, and the time it took to get the information. He further stated that there are currently eight (8) volunteer fire companies with less than twenty (20) active members. The Ithaca Fire Department is facing historic proposed budget cuts for 2013 that will affect the service it can provide to the community. The volunteer fire companies receive a lot of money from the State (the 2% money) that could assist the fire department in the coming year as a result of budget cuts, and he referred to State Insurance Law §9104 and §9105 for specifics in the distribution of the 2% money. City Attorney Lavine provided a hand -out to everyone that outlined the proposed benefits of re- organization of the eight (8) volunteer fire companies into possibly one or two large volunteer fire companies. They are as follows: • Reorganization will bring Ithaca's volunteer fire companies into compliance with the law. • Reorganization will reinvigorate the volunteer program and provide flexibility for funding. • Reorganization will ensure that volunteers are committed to protecting Ithaca. • Reorganization will not interrupt the flow of the 2% monies; the money will still go to: • the relief fund • the Veteran Volunteer Firemen's Association of Ithaca • Ithaca's volunteer fire companies City Attorney Lavine further explained new laws governing volunteer fire companies as follows: 45% of volunteer fire company members must live in the City or Town in which they volunteer. State Law prohibits members from being members in two companies at one time Reorganization would ensure members are committed to protecting the City and /or Town of Ithaca. New York State law has specific definitions for what active and inactive membership looks like. 61 Board of Fire Commissioners Meeting Minutes June 21, 2012 The City of Ithaca and Board of Fire Commissioners is not trying to change the flow of the 2% monies or take away the money, but to enhance and reinvigorate the volunteer fire companies. Fire Chief Parsons explained that when he became Fire Chief he had a lot of questions regarding volunteer fire companies and their members; he is not sure he has all that information yet. He wanted to have a list of all the companies and their members, and at this point has all but one company's information. Some membership lists show dual membership with departments outside of the City of Ithaca, and some are social members in one company and active members in another company. He had questions regarding social members, which he brought before the City Attorney. He wants to make sure the City is in compliance with the law, and that benefits are given to whom benefits are due (i.e. workers' compensation etc.). He stated that Ithaca Fire Department is under significant financial constraints, and funding for all aspects of the department are under strict scrutiny, especially related to the distribution of the 2% monies. He noted that the volunteer fire /police company is a great asset to the community and clarification is needed regarding the use of 2% monies to support volunteer fire companies more than is being done now. The other issue is the larger the company the more attractive it seems to people interested in joining it, and the need to utilize skills of active volunteer members to their full potential and in one company. Consolidating into one larger company would mean one training and meeting. He further noted that recruitment has not been active, and there has not been much support for volunteer fire companies. He would like what resources are available to be utilized to their full potential. He also is very interested in preserving the history of each volunteer fire company, the camaraderie of members, and the active social memberships of the volunteer fire companies. It is not his desire to throw away any history, but to preserve, enhance, and support active membership as best he can to attract more active members. PETITIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: The following members of the public, many current volunteer members of the fire companies in question and current or retired paid fire fighters, addressed and /or provided support to those who spoke to the Board regarding concerns over the control and distribution of the 2% monies from the State, possible reorganization of companies, the social aspect of the companies, the long history of many of the companies, as well as the very loyal members serving in those companies, who have emotional ties to the companies as well as long standing generations of the same family serving in a particular company. They encouraged the Board to consider re- establishing the bunker program, increase volunteer recruitment efforts, provide the necessary training, and increase support from the community for the volunteer service to the community in sometimes very dangerous and life threatening conditions. They also shared that when companies would ask the fire department for funds for training or equipment that those '43 Board of Fire Commissioners Meeting Minutes June 21, 2012 requests were denied, the City did away with the length of service awards, and was not supportive of the volunteer companies in anyway. The volunteer members noted that it seemed to be a "catch -22" in that they knew that new volunteers were needed, applications were submitted to the City for approval, and they never received a response back. Now, the City is saying that because the membership of companies is low that companies should be consolidated. They all stressed the importance of a trainer to provide the different types of training, which is very extensive and ongoing, in order to build up and maintain membership: John Perko David Cornelius Lyle Neigh Jack Bordoni Richard J. Srnka Jack Gould Daniel Maas Ken Reeves Carol Reeves Albert E. Hile Robert Longo Jim Hallam Richard C. Wilbur, Sr. Fay Bower Ray Wheaton Jim Rogers Bob Romanowski, former chair of the Board of Fire Commissioners and member of Common Council, (provided to the Board a Draft Proposal for Revitalizing IFD's volunteer Program — including volunteers for interior and fire - ground support, the Bunker program, and the Fire Police Program, and a statement about the fiscal problem affecting the city — these documents are found at the end of these minutes) Marcia Lynch, former City of Ithaca Fire Department Volunteer Coordinator, noted that it had been long standing practice in the question of members being in two volunteer companies that a person could be a social member in one company, and an active member in another company. She noted that there was a change in State Law in 1990 which allowed one member of one volunteer company to contract to provide a service to another as "mutual aid" or outside provider. In 1990, the City Attorney at that time was asked to provide the definition of an "active" member according to the 2% law, and that definition is different from the City of Ithaca Fire Department's definition. So, it would be good to have clarification about what exactly is the definition of an active member. ll Board of Fire Commissioners Meeting Minutes June 21, 2012 Discussion of Items Related to Volunteer Fire Companies: Commissioner McGonigal questioned how combining the current eight companies into one or two make better use of city funds at Ithaca Fire Department? Is it important for the eight companies to work together as one for the community? Fire Chief Parsons responded that an effort was made before to bring all the volunteer companies under one company, and create a tenth (10th) company, but it did not play out successfully. He stated that proposed changes are fighting with the history of the companies, and tradition of the companies, which is very hard to let go. He further stated that through no one's fault the volunteer system has not been thriving in any form. It's only because of the recent revitalization of the fire /police company that volunteer companies are showing some life. He explained that having one company with resources to make decisions will be more likely to be successful; the old system won't work in today's world. He would like to raise something from the ashes, and progress forward to do that is needed – something different needs to be done. This is not about any one here not being dedicated or respectful, or willing to serve, just the need to look to the future of volunteer fire companies. He noted that whatever decision is made, some people will not be happy. City Attorney Lavine explained that the City of Ithaca Charter states that fire company volunteers are part of the Ithaca Fire Department, and that the Board of Fire Commissioners is responsible for the administration of the companies. He is here today to provide legal advice, with the goal of reinvigorating active volunteer fire companies. He referred to General Municipal Law where it states that when a member of a volunteer fire company ceases to be "active" they are no longer considered active members. If a company has no active members, it is not a company, and it is illegal for non active members to administer the 2% funds. He further apologized the summer timing of the meeting, and noted that it was not intentional. Commissioner Ellsworth questioned what an "active" member is since it is not clearly defined. City Attorney Lavine responded that an active member does not necessary fight fires. He also quoted from an opinion of the N.Y. Attorney General, reading: "the law relating to volunteer firemen recognizes only one type of membership— active membership. When a fireman ceases to be an active member of a volunteer fire company, he is no longer a member of the fire company so far as the law is concerned ..." He further noted that the vet's clause pre- existed the City Charter so there is no active member requirement for the 2% to be received. He explained that the fire /police company is recognized by New York State as a legal company. '61 Board of Fire Commissioners Meeting Minutes June 21, 2012 Mr. Wheaton, former Deputy Fire Chief, noted that companies accept veterans as members through osmosis — they will take any member of Ithaca Fire Department as a veteran member. Volunteer fire companies cannot take social members from other companies who have never been members of Ithaca Fire Department. He further noted that the fire /police company really acts as a separate entity from the volunteer fire companies. Mr. Romanowski thanked Fire Chief Parsons for thinking of the volunteers, who fight along side paid fire fighters. He noted that the city seems to be more accepting of volunteers right now, and that incentives and training should be provided to those active volunteer members who have held on through the years and want to continue to volunteer. He stated that the 2% monies cannot be used for operating expenses of the Ithaca Fire Department; operating expenses of the Ithaca Fire Department are the sole responsibility of the taxing entity — i.e. City of Ithaca and Town of Ithaca. He further noted that with funding for paid fire fighters going down, volunteers are especially needed. City Attorney Lavine responded that New York State Law has provisions in which volunteer fire companies can contribute the 2% monies if they so choose to the Ithaca Fire Department for its operating expenses. Mr. Neigh questioned this, as he noted that Fire Company Number Five tried to donate some of the 2% monies to the Ithaca Fire Department for equipment in the past, and was told they could not because of liability concerns. City Attorney Lavine responded that fire companies can donate the funds, which then can be spent by the department on equipment, training, etc. - but not actually purchase equipment to donate. Ms. Lynch stated that the success or failure of the volunteer fire companies will depend upon the resources devoted to them. The volunteers need support, training, and funding, which is scarce right now. Commissioner Gilligan thanked everyone who came out to the meeting on such short notice and for their input. He stated that the Board will discuss this issue further at their July 10, 2012 regular meeting, which will be held at its normal location — Central Fire Station, 310 West Green Street. ADJOURNMENT: On a motion the meeting adjourned at 6:30 p.m. Sarah L. Myers William Gilligan Information Management Specialist Chair Fvr June a I ( a dl a Date: June 21, 2012 Subject: Organization of Ithaca's volunteer fire companies Benefits of reorganization: �b 00d 4 Tt(c Cw ET Tlv�r� Lavl,e • Reorganization will bring Ithaca's volunteer fire companies into compliance with the law. • Reorganization will reinvigorate the volunteer program and provide flexibility for funding. • Reorganization will ensure that volunteers are committed to protecting Ithaca. • Reorganization will not interrupt the flow of the 2% monies: the money will still goto011 o the relief fund o the Veteran Volunteer Firemen's Association of Ithaca o Ithaca's volunteer fire companies 1 OCI The fiscal problems of the City of Ithaca has deeply affected all Departments including the Fire Department,which will probably result in a loss of paid personnel. It then makes perfect sense to re- institute a volunteer program for firefighting. All Volunteer Companies will have the opportunity to ,once again,participate in requiting and retaining new membership that is looking for a chance to provide service to the Fire Service and their community. More importantiy,they will provide the needed personnel to make up any loss in the paid firefighter ranks. The Ithaca Fire Department operated into the 1990's as a "Combination Department" but then experienced a rapid loss of monitary and personnel support. Volunteer Coordinator(Marsha Lynch -1989- 2000) - position eliminated Company spaces in central Station-eliminated Bunker programs - eliminated Training program ,including use of the Training officer- eliminated Explorer program which had approx.80 members thru it's existence allowed to die out They were up -and coming young people eager to learnparticipate in Fire Department activities and were a source of potential members of the Department IVFU program was a short -lived group ,independent from any established Volunteer Company,providing Volunteer firefighting services for the City- eliminated A bright spot has been the establishment of the successful Fire Police unit which is up and running.The Volunteer Companies have donated monies to this unit for needed pieces of equipment to do their job.This unit is made up of members of various Companies. Through all this turmoil,Most of the City's Volunteer Companiies have maintained a dedicated membership,with elected officers,by- laws and correctly adminstering the allocation ,spending and record keeping of both Company and 2% funds. 10 Z s Page 2 continued, With respect to the use of 2% monies -There are 3 separate recipients of these monies from both the Town of Ithaca and the City of Ithaca.'s allotment. (1)-Veteran Firemen's Association -(50 %) (2)- Maintainence of the $90,000 relief Fund (3) -equal distribution of remainder to the individual Volunteer Companies N.Y.S. Insurance Law- Sections9104(g) &9105(e) were not enacted to specificly supersede pre - existing local laws,but did contain some ambiguities.Enactment of Chapter 293 of the Laws of 1988 (effective date - January 1, 1989) prohibited local legislative action.In addition,a City Charter provision enacted by the State Legislature as a "Special Law"is preserved. Therefore,neither section 9104 and 9105 may be changed,modified or amended by Charter,local law,ordinance,resolution or regulation. [See Vanorman vs Slade -1990] Active Membership Payment of Foreign Fire Insurance funds are allocated to the 8 Companies who maintain membership,operate under adopted by-laws and have regular monthly meetings attended by at least a quorum in attendence . The State, therefore,recgnizes these Companies as being active and entitled to be the recipients of these funds. The Administration of the Career Fire Department defines "active "as those performing_ firefighting duties.Since through budgetary and Administrative decisions,the 8 Companies, with the exception of the Fire Police Unit,are precluded from acting in the same capacity. r 4 DRAFT DRAFT ��� Proposal for Revitalizing the Ithaca Fire Department's Volunteer Program - Including Volunteers for Interior and fire- ground support, the Bunker Program, and the Fire Police Program Reasons for Maintaining the Volunteer Component of the Ithaca Fire Department The primary benefits are: A. Provide a trained group of Volunteers to provide critical support, during major emergencies that may involve- fires, vehicular accidents, airline crashes, flooding, snowstorms, hazardous materials, terrorist attacks, etc. In many of these situations the Ithaca Fire Department would need to rely on mutual aid from Volunteer Fire Companies in the area to provide the resources needed to address the emergency. The availability of volunteers directly associated with the department will allow a more timely and effective response to the emergency. B. Provide a pool of potential candidates for career positions in the Department. A significant number of the on -duty personnel in the department first joined the department as Bunkers or Volunteers. C. Provide a resource to the community — for large events that can benefit particularly by the availability of Fire Police to assist in traffic and crowd control, in addition to providing such support at the scene of an emergency incident. D. Provide a greater opportunity for individuals from under- represented groups to join the department providing them with an opportunity to become a candidate for a career position in the department. This has the potential of helping both the department and the city address the department's diversity goals. E. The Bunker program provides a mechanism for the University and Colleges to have student volunteers make a significant contribution to the Ithaca community, while obtaining valuable leadership and work experience skills. Issues Involved in Maintaining a Volunteer Program The main components required for maintaining the Volunteer Program (Volunteer FireFighters, Bunkers, & Fire Police) within the Ithaca Fire Department are addressing the issues of recruitment, training, and administrative support for the program. Background Until, the late 1980's the recruitment function and much of the Administrative support for the program was handled by the 8 Volunteer Companies serving the Ithaca Community for more than 175 years. As a result of recommendations developed in the Department's 1982 Strategic Plan, these functions were brought into the department with the creation of the Volunteer Coordinator's position and development of a training officer position. In- service training of Volunteers was handled primarily by variations of Shift Based training and new member volunteer training was provided by the Department staffing and running periodic training classes that generally lasted for a 12 to 16 week period. These new member training classes were primarily offered in the spring with an occasional class beginning in the fall. Page 1 of 4 Beginning in 2000 and continuing to the present, budget reductions and financial constraints on the department began to severely undercut the department's ability to perform a113 of these critical functions. The Volunteer Coordinator's position was reduced and then eliminated causing a significant reduction in the recruitment effort and the ability to provide administrative support to the volunteer program. An attempt had been made to provide some administrative support to the Volunteer Service, but this was only accomplished by adding to the workload of existing staff. Financial constraints from multi -year budget reductions meant the department could no longer provide new member training on a consistent basis, particularly when the number of individuals available to be trained at any give time did not justify the cost of running a training class. This lack of consistency in offering new member training caused the loss of some individuals who had initially been interested in volunteering but who were never able to receive training. The following is a plan to address all three of these critical areas, but will concentrate primarily on the issue of providing Administrative Support for the volunteer program as a responsibility of the Ithaca Volunteer FireFighters Unit, Administrative Support There are three categories of administrative support required for Volunteers the two most critical are initial support for processing the new applicant through the selection process and then following up with individuals who have passed the selection process to get them into a training program and support them during their probationary period.. The third category is important but generally is less labor intensive, this is to provide on -going communication and administrative support to Volunteers and Bunkers who have finished their probationary period in the department. New applicant selection process Attached to this document is a flow chart that defines the sequence of activities that are involved in selecting a new volunteer. Currently many of these are identified as being handled by the Administrative Staff in the Department. Below is a list of all the tasks with an indication of those that volunteers could be responsible for handling. - Initial point of contact and entry of individuals into database. This contact may come from individuals who are responding to various recruitment activities and can come by phone, walk - in, or email. To assure identification of individuals on a timely basis and that they are entered into the applicant tracking system this step should remain with department staff. - Mailing of application Department Staff, - Returned application — entered into data base Department Staff - Criminal Background check Could be sent by Volunteer if State Law allows - Application review Done by Volunteers - Reference checking - standard questionnaire Done by Volunteers - Review of file — Done by volunteers - Schedule interview — Done by volunteers, requires minimum of 3 individuals- requires at least one volunteer and one career staff plus one other either volunteer or career staff. - Orientation - assigned to shift/with volunteer mentor /contact - Schedule Physical & Schedule PPA — Coordinated by Volunteers - What level is staffing is needed can this be done on shift with volunteer support (weekend testing). Page 2 of 4 For individuals who have pass tests chief is notified by Volunteer Program Administrator - Chief approves appointment and - Company Affiliation selected. - BFC Confirms - Confirmation letter sent to candidate/ Volunteer Administrative support during New Member Training and Probationary period While waiting for training new members will be encouraged to do ride along time to become familiar with shift operations. Depending on number of new members waiting for Firefighter I training an effort will be made to hold periodic meetings to familiarize them with department operations. An effort will be made to develop support tasks that they can perform will awaiting training. Each will be assigned a Volunteer mentor. When they have been accepted into a new member training program, the IFVU will monitor to make sure they are completing their training program and provide other support to the extent possible (helping to address issues about turnout gear, pagers,shift schedules, department procedures, etc).. Once an individual has been trained and can perform at an incident the IFVU will work to be sure they are integrated into their shift and that they are completing the required hours of service.. On -going Administrative Support for Volunteers Issues dealing with departmental operations will generally be covered during the volunteers assigned shift. If there are volunteer specific issues then they will be handled by the IVFU. Communication will generally be by email or information placed in the Volunteers mail folder. The plan is to have a core of 3 to 4 NFU members or other volunteers working with them, who are willing and interested in maintaining the program, perform the required administrative tasks that are identified in the above sections. Training With the reestablishment of a Training Office Position and the addition of an assistant chief to fill the position, it is expected that this position would develop, organize, and oversee the training of both Bunkers and Volunteers involved in fire suppression activities. Given the high cost of stand alone training for both programs, creative ways should be sought to assure the adequacy of training while significant reducing the out of pocket costs associated with small free standing training programs. Given the funding restrictions previously identified it is expected that basic fire fighter training will be accomplished through the County training program or other approved state certified programs. The IFVU will need information on a timely basis as to when programs will be offered and the procedures for enrolling individuals in these courses. Given that several of the state certified trainers are IFD career staff, the expectation is that this information will be available to the NFU. Page 3 of 4 After initial training is completed the IVFU will work with the individual, and their shift officer to make sure they receive Ithaca specific training as soon as possible. As an initial proposal to test and develop this method it may be best to have all new members assigned to one shift during their probationary period. For Bunkers- a revision to their housing agreements might be made so that they are provided housing while they train. In this case, they would not be able to respond to calls on the apparatus until they were appropriately certified to do so. In the event that a training program could be offered as a two or three week program in August under the direction of the Training Officer, then they would be available to provide service more quickly. Fire Police training and certification could be organized and provided though the County Sheriff s department or the Ithaca Police Department, Recruitment Recruitment - News release from BFC- Announcing that interested individuals 18 -or older with a high school diploma, who wish to become volunteers should contact the department. Include email address, website, and phone number for them to contact the department. Activate Website so information is available about the volunteer and Bunker programs. Add a component about the fire police. Request City and Town of Ithaca publicize volunteer opportunity with Ithaca Fire Department. IVFU will present request at meetings for both groups. Work with 8 Volunteer companies to provide information about the new administrative structure and training programs for volunteers. Seek funds for recruiting efforts for new active volunteers. Work with campus contacts to provide information about the program for potential student volunteers. Ideally agreement could be reached as quickly as possible to utilize current bunkers to assist in the recruitment of new bunkers. Items for discussion Schedule for implementation, since it is anticipated that there will be a county training class in the fall, a recruitment effort could be undertaken in July and August for Volunteers. The Administrative support process would begin functioning in July. If a Bunker program is expected for the fall of 2007 then the effort should begin in January 2007. Turnout equipment for new volunteers, other costs of training program., support from existing volunteer companies. Opportunities to work with Cayuga Heights or other Volunteer departments on training and recruiting items- sharing cost and effort. Seek support from the Cornell, Ithaca College, and TC3 — provide PE credit for students entering and completing a volunteer training program. Other items? Page 4 of 4