HomeMy WebLinkAboutMN-BFC-2012-08-14CITY OF ITHACA BOARD OF FIRE COMMISSIONERS MEETING MINUTES
August 14, 2012
Present:
Chair Gilligan
Commissioners: Hoard, Ellsworth, Baker, McGonigal
Others Present:
Fire Chief — Parsons
City Attorney — Lavine
Alderperson and Liaison to Board — Clairborne
Information Management Specialist — Myers
Administrative Coordinator - Overslaugh
Call To Order:
Chair Gilligan called to meeting to order at 1605 hours.
APPROVAL OF MINUTES:
Approval of the June 21, 2012 Board of Fire Commissioners Special Meeting Minutes —
Resolution
By Commissioner Hoard: Seconded by Commissioner Ellsworth
RESOLVED, That the minutes of the June 21, 2012 Board of Fire Commissioners Special
Meeting be approved as published.
Carried Unanimously
Approval of the July 10, 2012 Board of Fire Commissioners Meeting Minutes — Resolution
By Commissioner Ellsworth: Seconded by Commissioner McGonigal
RESOLVED, That the minutes of the July 10, 2012 Board of Fire Commissioners Meeting be
approved as published.
Carried Unanimously
Approval of the July 31, 2012 Board of Fire Commissioners Special Meeting Minutes —
Resolution
Approval of the July 31, 2012 Board of Fire Commissioners Meeting Minutes will be placed on
the September 18, 2012 agenda for approval.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Commissioner Baker requested the addition of a discussion regarding the recent article in the
Ithaca Times about the 911 dispatch center.
No Board member objected.
Commissioner Gilligan requested that the discussion of item B under Old Business entitled
"Volunteer Company Structure and Membership" be moved up on the agenda to after the
discussion of membership changes.
No Board member objected.
August 14, 2012
PERSONS WISHING TO SPEAK TO THE BOARD OF FIRE COMMISSIONERS:
Dave Cornelius addressed the Board with the following written statement:
STATEMENT OF OPPOSITION and REQUEST FOR DELAY (8/14/2012)
This morning on WHCU, the City Attorney on behalf of the Fire Chief, arrogantly, stated that the
Board of Fire Commissioners were going to ignore the active volunteer's 2nd Draft Letter of
Intent where we suggest how we would be willing to see the volunteer companies reorganized
into one of the existing companies.
I have been directed by my company, Cayuga Hose Company No 1, to forward this Statement
of Opposition to the City's Plan for reorganization.
We reject in whole the City Attorney's prepared Resolution regarding Volunteer Fire Company
Rules.
We feel that the members of any new "Active" company will establish its own set of By -Laws to
conform to the legal requirements as directed by New York State and FASNY. It will incorporate
if that is in the best interest of that company.
The required activity level or point system for the Fire Police Unit will remain the same as was
approved by the Board of Fire Commissioners and the Chief in 2010.
Since September is the soonest that all of the volunteer companies will be able to hold official
meetings to vote on any reorganization plan, we respectfully ask the Board of Fire
Commissioners to delay any action on their reorganization resolution until their October 9, 2012
meeting.
We feel that the Board of Fire Commissioners should direct the City Chamberlain to disburse all
available 2% Money per their legal requirement under the City Charter.
Ken Jupiter addressed the Board to question why the number of volunteer fire fighters is being
limited in the proposed resolution regarding fire company rules compared to active fire fighters.
He encouraged the Board to not put rules into place without a mechanism of enforcement. He
also noted that the 4t" whereas clause is meaningless with dedicated funds. He also expressed
his opinion that the Board should direct all assets to maintain the volunteer fire companies. He
encouraged the Board to use the resolution as a starting point for their discussions.
Gary Bordoni read the following written statement from Robert Romanowski, who as unable to
attend the meeting:
I am unable to attend this evening's meeting; therefore I am requesting that the Board to accept
my remarks as read by a person in attendance.
I am a 53 year member of the Department, A former 10 year member of Common Council, and
a former 15 year member of the Board of Fire Commissioners.
August 14, 2012
I would like to pose 2 Questions to this Board: Since when has this Board let a new city
Attorney, with no background of the traditions, operation and present history of the Volunteer
System in Ithaca, to be the person to set the terms, timeline and basis for their decision
making? The Board hasn't (as far as I am aware) asked for written opinions from the New York
State Commissioner of Insurance to verify the accuracy of what they have been told. It was the
direct actions, for the last decade, of the City and Fire Department denying the acceptance of
persons wishing to become active Volunteers that is now being used as the basis for the radical
proposals being presented this evening. Such hypocrisy.
Secondly: What is the special hurry for these actions to take place? It seems that this Board is
abrogating its responsibility to look out for the Volunteer portion as well as the Career section
and from my point of view is being rushed and pressured into making this decision with no
regard for differing ideas or suggestions. It has also been pressured into deciding these matters
when the existing Companies are in recess for the summer months. There is a good possibility
that with cooperation between the existing Companies and the Department that a better solution
may be found to forge a more efficient Fire Department to operate in these times of shrinking
municipal budgets.
Perhaps it is wishful thinking, but I am hopeful that the Board will sit back and reflect on what is
said by the people attending this meeting and give these proposals time to be thought out and
to fully understand the consequences of their decision.
Special Considerations
By: Bob Romanowski
The Ithaca Fire Department operated into the 1990's as a "Combination Department" but the
experienced a rapid loss of monetary 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 approximately 80 members thru its existence - allowed to die out
(these were up and coming young people eager to learn, participate in Fire Department
activities and were a source of potential members for the Department.
IVFU program was a short -lived group, independent from any established Volunteer Company,
providing Volunteer firefighting services to the City - eliminated
A bright spot has been the establishment of the successful Fire Police unit which is up and
running. The Volunteer Companies and the Ithaca Veteran Volunteer Fireman's Association
have donated monies, earned thru various company fund raisers, to the Fire Police Unit to
purchase needed equipment to do their job safely. This Unit is made up of members of various
companies. Through all this turmoil, most of the City's Volunteer Companies have maintained a
dedicated membership, with elected officers, By -Laws and correctly administering the allocation,
spending and record keeping of both Company and 2% funds.
August 14, 2012
With respect to the use of 2% monies: there are 3 separate recipients of these monies which
are received from both the City and Town of Ithaca's allotment:
(1) The Ithaca Veteran Volunteer Fireman's Association - (50 %)
(2) Maintenance of the $90,000.00 Relief Fund
(3) Distribution of the remainder to the individual Volunteer Companies
N.Y.S. Insurance Law - Section 9104(g) & 9105€ were not enacted to specifically supersede
pre- existing local laws, but did contain some ambiguities. The 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 attendance. The State, therefore, recognizes these Companies as being
active and entitled to be recipients of 2% 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.
Thanks for listening.
Bob Romanowski, Rescue and Steamer Company #2.
Fire Chief Parsons responded that there are different options for the distribution of the 2%
funds, and he understands the interest and concern in protecting it.
Rob Longo requested that the Chief put that comment into writing. The need to have funds for
training that might come from the 2% monies for those paid fire fighters not able to attend
today's meeting information.
Chief Parsons responded that a training calendar has been set up for volunteer fire members,
the training schedule for the fire /police unit is separate and work can be done to set up that
training schedule as well. There will be a lot of opportunity for training, and there has been great
response for it. He reiterated that he supports the volunteer's efforts, need for training, and
agrees that putting donations into that fund is important. He also stated that the volunteer fire
companies can donate the 2% monies back to the Board of Fire Commissioners to use to
purchase additional radios, and he is supportive of that because currently the department does
not have the money for that. He has discussed this with other fire departments where this is
done and it does provide support and benefits to the volunteer fire companies.
Dave Cornelius responded that the volunteer members are concerned regarding the Board of
Fire Commissioners being directed by the fire department regarding how to spend the 2%
monies. He also provided the following report regarding the past month's activity by the
fire /police volunteer unit:
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August 14, 2012
The Unit was activated once this past month for an accident on Mecklenburg Road. Two
members responded, Jack Gould and Jim Rogers.
We did not hold a training session, in July, due to the threatened action of reorganization of the
volunteer system. Our total meeting time was spent discussing this issue.
He further reported that he has twice requested alarm response numbers from Chief Parsons
and DC Sheldon. To date, he has not received a response. He stated that if he cannot depend
on being able to get response numbers, how can an active company know their alarms are
being counted.
CORRESPONDENCE:
Chair Gilligan reported that the bank statement from the Tompkins Trust Company Donation
Fund dated July 31, 2012 had a beginning balance of $958.51 and an ending balance of
$958.51 reflecting no activity.
Chair Gilligan reported that the Finger Lakes Running Club sent a donation in the amount of
$100.00 for the donation fund. The Board will write a thank you note to them for the gift.
MEMBERSHIP CHANGES:
There were no changes since the last meeting.
OLD BUSINESS:
Consider Request /Proposal From Volunteer Companies:
The following information was provided by Dave Cornelius in response to the proposed
resolutions on the agenda:
2nd DRAFT
8/9/2012
LETTER OF INTENT
To: Board of Fire Commissioners, City of Ithaca
A meeting was held on Monday 8/6/2012. Representatives, from all eight volunteer fire
companies, were present. After much discussion, the general consensus was that Companies
1, 2, 3, 4, 5, 6 and 7 were willing to be deactivated and have their active members transferred
into Company 9. Company 9 is the only company that has only an active class 1 firefighter and
no inactive or social members and is not incorporated. Ten of the fourteen active members
were present at this meeting and agreed to transfer to Company 9, IF THE CITY AND FIRE
DEPARTMENT ADMINISTRATION agree in writing to support a volunteer component of
the Fire Department. This would include committing to providing new member training
and OSHA required equipment for up to 10 new members a year; providing on- going
training on a regular basis for current active members as well as required OSHA
equipment. No 2% Money would be used to pay career firefighters to provide training.
Since September is the soonest that all volunteer companies and the Ithaca Veteran Volunteer
Fireman's Association will be able to hold official meetings to vote on the reorganization, we
respectfully ask the Board of Fire Commissioners to delay any action on their reorganization
resolution until their October 9, 2012 meeting. This will give us time to complete the transfer of
active personnel into Company 9 and allow the other companies and the Vets to hold meetings
to vote on this reorganization plan.
August 14, 2012
We propose that the Board of Fire Commissioners should distribute, the Ithaca Veteran
Volunteer Fireman's Association share the 2012 2% Money per the City Charter and New York
State Law, as soon as the funds are received by the City Chamberlain. We would then suggest
that the remaining 2% Money, that would normally be disbursed to the volunteer companies, be
held by the City Chamberlain's office until the reorganization has been finalized, at which time
the remaining 2% money will be disbursed to the remaining active company 9.
The volunteer companies will be using 2% Money they currently hold to enlist the services of a
private attorney to advise them through the process of the reorganization. After the attorney
has been paid and any other expenses of the reorganization, including special meetings, have
been paid, the companies will donate any remaining 2% Money to their choice of the "Active"
Company or the Ithaca Veteran Volunteer Fireman's Association.
The new active members of Company 9 will elect officers and rewrite the Company's By -Laws,
if necessary, to reflect that only active members of the Fire Department will be allowed to be
members in this company. After 5 years of active service any member of this company would
have the right to become a member of the Ithaca Veteran Volunteer Fireman's Association, as
long as they met the other criteria under the Vet's By -Laws.
In order for the deactivated companies to retain their historic and social history, they will retain
all of their other company money and other assets; including but not limited to: photos, banners,
furniture and other memorabilia, or donate same to the Ithaca Veteran Volunteer Fireman's
Association.
We reject in whole the City Attorney's prepared Resolution regarding Volunteer Fire Company
Rules. The active members of the "Active Company" will look at and change Company 9's By-
Laws to conform to the legal requirements as directed by New York State and FASNY. The
required activity level or point system for the Fire Police Unit will remain the same as was
approved by Acting Chief Dorman and The Board of Fire Commissioners. The members of the
Active Company 9 will work with the Fire Chief and Board of Fire Commissioners to come up
with a realistic points system for Class 1 Firefighters.
Respectfully submitted,
Company #1: David H. Cornelius, Fire Police, and Treasurer of Cayuga Hose Company No. 1
Company #2:
Company #3:
Company #3:
Company #4:
Company #5:
Company #6:
Company #7:
Company #9:
Ithaca Veteran Volunteer Fireman's Association:
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August 14, 2012
BFC — Volunteer Fire Company Rules — Resolution (August 14, Agenda Item IX (B)(2)(a))
WHEREAS, in light of the reorganization of the volunteer program of the Ithaca Fire Department, as well
as a recognized long- standing need for clear guidelines for the volunteer fire companies of the City of
Ithaca, the Board of Fire Commissioners has deemed it necessary to create a set of rules for Ithaca's
volunteer fire companies, and
WHEREAS, for many years, there has been confusion regarding what active membership means in
Ithaca's volunteer fire companies, and the Board of Fire Commissioners has determined that setting a
clear definition will benefit both the Ithaca Fire Department and its members, and will ensure that the
volunteer fire companies comply with the laws of the State of New York, and
WHEREAS, the Board of Fire Commissioners has determined that, as the Ithaca Fire Department now
consists primarily of a paid firefighting force which is assisted by volunteer fire companies, the
Department should contain a greater number of paid firefighters than volunteers, and that such a
restriction will allow the Ithaca Fire Department to increase its revenue generated by emergency
response, and
WHEREAS, New York State law requires that no more than forty-five percent of the members of a
volunteer fire company reside outside of the area protected by that company, but that, in the past, the
Board of Fire Commissioners has been unable to determine whether Ithaca's volunteer fire companies
have complied with this requirement, and
WHEREAS, the Board of Fire Commissioners would like to take a more active role in the direction of
Ithaca's volunteer fire companies and to avoid the added complications arising when afire company
registers with the State as a corporation separate from the Ithaca Fire Department, and
WHEREAS, the Board of Fire Commissioners wishes to simplify the financial structure of the Ithaca Fire
Department, particularly regarding the volunteer fire companies and the property that they hold, in
order to ensure that the Ithaca Fire Department, through the Board of Fire Commissioners, may access
said money when necessary, and
WHEREAS, as Ithaca's volunteer fire companies form a part of the Ithaca Fire Department and as such
may fairly be perceived to represent the City, the Board of Fire Commissioners wishes to exercise
authority granted it by New York State law to more actively supervise fund raising activities performed
by Ithaca's volunteer fire companies, now therefore be it
RESOLVED, That the following section, which is not to be taken as a complete set of rules and may be
supplemented later by the Board of Fire Commissioners, shall be added to the Rules and Regulations for
the Ithaca Fire Department and shall hereafter apply to any volunteer fire company in the Ithaca Fire
Department:
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August 14, 2012
Volunteer Fire Companies
1. The Board of Fire Commissioners shall appoint members to any newly formed fire companies.
New members will thereafter be elected to a company by the company officers.
2. Company officers shall elect to membership only those who have fulfilled the training
requirements and who satisfy or will be able to satisfy the other rules for volunteer members.
3. [Explanation of the mechanics for election to a volunteer fire company.]
4. [Rule about training requirements.]
5. No person shall be a member of a volunteer fire company who is not considered an active
member. Company officers must be active members of their companies.
6. To qualify as an active member, a volunteer firefighter must attend at least six (6) fire company
meetings and achieve at least fifty (50) points each year. Fractions of points shall not be
awarded. Points shall be credited as follows:
a. Incidents will be credited at a rate of one point per hour, with a volunteer member
obtaining at least one point for each incident.
b. Standby will be credited at a rate of one point per hour, however extra points shall not
be awarded for incidents occurring during standby.
c. Public education and recruitment activities will be credited at a rate of one point per
hour, with a volunteer obtaining at least one point for each activity.
d. Scheduled training will be credited at a rate of one point per hour.
7. In January of each year, the Board of Fire Commissioners shall review the point totals of
volunteer members for the previous year and inform those members who did not achieve at least
fifty points that they are no longer active members in the Ithaca Fire Department. [A member
who has lost active status due to failure to achieve fifty points in a year may not be re- admitted
as a new member more than twice without the express permission of the Board of Fire
Commissioners. New members shall be required to attain a pro rata portion of the fifty -point
total based on the number of months remaining in the year in which they joined the volunteer
program.]
8. At no time shall the total membership of Ithaca's volunteer fire companies, including company
officers and members of the Fire Police squad, exceed eighty percent (80 %) of the number of paid
firefighters employed by the Ithaca Fire Department.
9. In accordance with New York State law, members shall be residents of the area which is
protected by the Ithaca Fire Department. Non - residents may be admitted to membership at the
discretion of the Board of Fire Commissioners upon demonstration that said non - resident is in
the protected area due to employment or some other reason and is able to fulfill the active
membership requirements.
10. Volunteer fire companies shall not be permitted to incorporate with the State of New York, under
Section 1402 of the Not - For - Profit Corporation Law as fire corporations or under any other law.
11. All property, both real and personal, held by a volunteer fire company is held in trust for the
Ithaca Fire Department.
12. No volunteer fire company shall engage in any fund raising activity without the prior approval of
the Board of Fire Commissioners. Any proposal for a fund raising activity must include the
intended use of any revenue generated therefrom.
13. [Rule about required conduct.]
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August 14, 2012
14. The Board of Fire Commissioners or the company officers may dismiss members from their
companies at any time for failure to abide by rules of the Ithaca Fire Department or their
companies. Dismissal under this rule shall be at the discretion of the Board of Fire Commissioners
or of the company officers (either of which groups may act to dismiss a member without the
action of the other) and shall not require a hearing prior to dismissal.
BFC — Reorganization of the Volunteer Fire Companies — Resolution
((August 14 Agenda Item IX (B)(2)(b))
WHEREAS, there currently are 8 volunteer Fire Companies, authorized by the City Charter to operate
under the oversight of the Ithaca Board of Fire Commissioners in providing fire services as part of the
Ithaca Fire Department, and
WHEREAS, these companies collectively have a long and proud tradition of providing fire protection
services to the City and Town of Ithaca dating back to 1826 and involving hundreds of volunteers in the
past, and
WHEREAS, there have been significant changes in the availability of volunteers to serve in these
companies and to provide service to the department as well as the level and quantity of training required
to meet current standards for those providing fire service, and
WHEREAS, the Board of Fire Commissioners, the Volunteer Companies, and the Ithaca Fire
Department, through the Fire Chief, have a shared role and responsibility in maintaining the Volunteer
component of the Ithaca Fire Department, and
WHEREAS, various past practices within the individual companies and in the records maintained by the
Ithaca Fire Department have resulted in inconsistencies in identifying those individuals who meet the
required standards under regulatory and Board policy of being an active member of the Ithaca Fire
Department, and
WHEREAS, the determination of active status of a volunteer with the Ithaca Fire Department has an
impact on that the distribution and use of State Foreign Fire Insurance funds (2% funds), and
WHEREAS, eligibility for benefits under various statutory and regulatory provisions related to the
Volunteer Fire Service is based on an individual being classified as active status, and
WHEREAS, the Board of Fire Commissioners, the Volunteer Companies, and the Ithaca Fire Department
share a common goal of supporting and increasing the number of individuals providing active service to
the Ithaca Fire Department, and to the Community it serves, and
WHEREAS, there are currently 14 individuals who are recognized as providing active service by the
Board of Fire Commissioners and the Ithaca Fire Department, and
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August 14, 2012
WHEREAS, the Board of Fire Commissioners believes that it is necessary to reorganize the current
Volunteer company structure, in order to address legal, organizational, and administrative issues that
have increasingly limited the effectiveness of the volunteer component of the Ithaca Fire Department;
now therefore be it
RESOLVED, That effective immediately, the following 14 individuals are recognized as active members
in the department with their current company affiliation as shown and they are the only individuals who
are considered active volunteers:
1. Company I —
2. Company 2
3. Company 3
4. Company 6
S. Company 9
, and be it further
RESOL VED, That to provide an effective Volunteer Organization serving and associated with the Ithaca
Fire Department, upon dissolution or dissociation of their respective companies, the currently active
members of the Ithaca Fire Department, should be admitted as members of a single company, by the
name of [name of fire company], that company to be a newly formed company, and be it further
RESOLVED, That only active members of the Ithaca Fire Department may be considered as active
members of this company, and be officers of the Company, and have voting rights related to the use of 2%
funds by the Company, and be it further
RESOLVED, That this company may have other categories ofsocial membership, that will allow
individuals to maintain their affiliation with the company, but they will not be considered active members
of the company or the Ithaca Fire Department, unless they have formally applied for and been accepted
as an active volunteer, with the Ithaca Fire Department into one of the designated categories of service
within the department, currently, these categories are Class I — Interior Fire Fighting, Class II — Fire
Ground Support /Fire Police, and Class III — Administrative Fire Department Support, and be it further
RESOLVED, That the distribution of 2% funds received for 2012 and to be distributed per the City
Charter and State Law will be deferred until November 30, 2012 at the latest, pending the completion of
the reorganization of the Volunteer Structure, and be it further
RESOL VED, That the existing 8 volunteer companies, not designated as the active Company, are hereby
disbanded or else dissociated from the Ithaca Fire Department, and are no longer to be considered part
of the Ithaca Fire Department; as such, these companies shall no longer be approved by the Board of
Fire Commissioners to recruit individuals to be active members of the Ithaca Fire Department or to
engage in the prevention and extinguishment of fires, however the status of these former companies as
social organizations will be outside the purview of the Board of Fire Commissioners, and be it further
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August 14, 2012
RESOLVED, That any issues regarding 2% funds that were distributed previously to the 8 Volunteer
Companies, will be handled per law and regulation, as specified by the N. Y. State Comptroller's Office if
timely so specified, and be it further resolved,
RESOLVED, That the Board wishes to recognize the debt owed to those who are currently members of
these companies for their current and past service, and it is with a profound sense of humility and
reluctance that the Board takes these actions, but it does so with the belief that these changes willprovide
the greatest opportunity for enhancing and continuing the long tradition of volunteer fire service to the
community.
Chair Gilligan stated that there are two proposals for reorganization on the table for the Board's
consideration. One is to combine all the companies into the current company #9; or, create a
new company. He noted that the benefit of choosing to consolidate into an existing company is
that it is already in place and organized. He is looking for feedback from other members of the
Board as to how they would like to proceed.
Alderperson Clairborne arrived at 1625 hours.
Chair Gilligan further suggested that the Board delay making a decision until its September
meeting to give the volunteer companies time to meet. The Board needs to know whether
current members want to transfer into an existing company or a new company.
Commissioner Baker suggested keeping the current volunteer companies that are providing
"ACTIVE" volunteers to the Ithaca Fire Department, purge social members out, and out of the
Ithaca Fire District members, require those companies to recruit new volunteers every year.
Commissioner Hoard questioned why the current company #9 was chosen as the company to
keep active.
Chair Gilligan responded that it was the company with one active member so it would almost be
like starting a new company. He further stated that the Board would need to review the by -laws
of the company, and hold the election of officers early once people have transferred into the
company. This might be a smoother transition than creating a new company as the
administrative oversight might be easier and the company could then focus on the recruitment
of new active members. There is also the benefit of consolidation of funds into one active
company whose members could make decisions regarding the current 2% monies as well as
the new 2% monies. The Board has to consider the best option in establishing an active
volunteer company at the Ithaca Fire Department and maintaining it successfully.
Dan Maas questioned what would happen with current social members of the companies, would
the new company have social members?
Commissioner Hoard stated that he wanted to defend City Attorney Lavine's work and
comments, and expressed his appreciation for the time and effort the attorney's office has
dedicated to this issue. The Board asked the City Attorney to take a fresh look at the applicable
laws and regulations, and that is what he has done. He stated that he also sees Mr.
Romanowski's comments as valuable as well. He voiced the need for the Board to take a new
look at this issue, consider what is best for the volunteers, and the community and to not get
caught up in the politics of it all. He was never a member of the fire department or a volunteer
fire company member so he appreciates the information that has been shared by both sides.
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August 14, 2012
City Attorney Lavine noted that there is no question that the Board could bring the current
situation into compliance while maintaining one company. He responded to comments that were
made about what he talked about on the radio this morning. He and Chief Parsons would advise
that it would be a mistake not to create one new volunteer company. He further noted that the
use of an existing company as the new active company might be a mistake and come with
some legal pitfalls that creating a new company would not. That is not to say that the obstacles
are insurmountable should the Board choose to use an existing company, there would be legal
impediments to transferring members into a current existing company, less advisable legally,
and there would be more complications involved. He further stated that there is a question as to
whether it would be legally permissible for an existing company to transfer the 2% monies to a
new company or whatever company would be left. He further stated, to set the record straight,
the resolution before the Board is not the City Attorney's resolution, there had been a resolution
submitted from his office awhile ago; however, the Chair of the Board put forward another
resolution to which his office provided minor edits. He stated the resolution concerning rules did
originate in the City Attorney's office, it came from the Board. He noted that it would be wise for
the Board to consider rules, and the resolution was a starting point for that discussion, and the
Board would probably want to edit it. He does not believe the Board needs to approve the rules
prior to their determination regarding the reorganization of the volunteer companies. He
reiterated that he did not come to the Board of Fire Commissioners "with an agenda ", but that
he was asked by the Board to provide information to them about whether the companies were in
compliance with the law, and his office has dedicated a lot of time to this topic. He responded to
concerns raised regarding the proposed rules and the limited number of volunteers to paid fire
fighters; it was not intended as an insult — it is there because of State law. The reason that was
included in the resolution was that there is a provision in State law that would allow the fire
department to charge for emergency services. If the City decided to do that, it would need fewer
volunteers than paid fire fighters, and so one of the rules would need to include that provision.
Commissioner Baker asked whether any legal action could be taken against the Board if they
don't comply with the rules.
City Attorney Lavine responded that the Board of Fire Commissioners has an obligation to
uphold City and State law, and encouraged the Board to do so.
Commissioner McGonigal stated that the Board's job is to determine the is best course of action
for the people of the City and Town of Ithaca in terms of fire protection, including volunteer and
paid fire fighters. He noted that combining the volunteers into one active company makes
sense. He further stated that it is important that the volunteers support whatever action the
Board takes. He would like to know, for sure, whether the volunteer fire company members are
in favor of combining into Company #9 or whether they prefer the creation of a new company.
He would like that answer before the Board proceeds to make a determination. He also would
like to know what the legal pitfalls would be for keeping Company #9. He expressed his
appreciation for the work done by the City Attorney and his office.
City Attorney Lavine responded that it would make sense for the Board to consider an advice of
legal counsel to discuss what the legal implications might be of consolidating all the volunteer
companies into Company #9 or creating a new company.
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August 14, 2012
Chair Gilligan thanked the City Attorney for all the information that had been provided. He does
not necessarily agree with everything, but the information is valuable as the Board moves ahead
with the issue. He stated that the Board's job is evaluating the information provided to see what
is best for the community. He noted that the Fire Chief has been very supportive of the
volunteer's efforts; however, he does have the responsibility for running the City of Ithaca Fire
Department. He further responded to comments made about the timing of this topic (during
summer months — when volunteer companies recess their meetings until Fall), that it is what it
is, and was not planned to occur during the summer months. The Board has attempted to keep
the whole process open and to be able to provide input to the volunteer companies as
information was received. He stated that this is a long -term decision for the City and Town of
Ithaca. The Board is also looking for a mechanism to grow the volunteer program. He also feels
that the Board is not ready to vote, and would like to defer their decision until the Board's
September meeting, and proposed September 18th as a possible date for the Board's next
meeting in order to provide everyone with a little more time to consider all the information that
has been provided.
Dave Cornelius explained that ten out of the fourteen active volunteers met on August 6th at
Station #6, and that all ten volunteers agreed to join the existing Company #9. He further noted
that in regards to the proposed resolution regarding volunteer fire company rules that he can't
and won't work under them. Chair Gilligan suggested that the proposed resolution on rules
could be a starting point for the Board's discussion. Mr. Cornelius further stated that the
volunteer companies need more time to consider additional information that has been provided.
City Attorney Lavine agreed that the Board did not have to make a decision today.
Chief Parsons stated that he does not have "an agenda" and responded to the written
accusations that the fire department wanted to steal and control all the 2% monies. He
explained that the fire department went to the City Attorney's office with issues concerning the
volunteer fire companies. The City Attorney's office researched the law and provided
information to the Board regarding the legal requirements that the Board and the City of Ithaca
must follow concerning the operation of the volunteer fire companies. There are two clear paths
as a result of that research, and some action needs to be taken to be in compliance with State
law. New York State law has guidelines for the use of the 2% monies that must be adhered to.
He would like the volunteer fire companies to re- organize so that they will be in compliance with
State Law. He noted this has been a long- standing issue since the mid- 1980's where a decline
in the volunteer membership began. He explained that the former bunker program for volunteers
was not sustainable, as it was mostly college students who participated that were here for three
or four years and then did not stay in Ithaca. One active volunteer fire company would be better
than what is in place currently. He recognized that he is new as Chief, only having been
appointed in October 2011, but he can't undo what was done in the past and can only go
forward, and there is a need to move forward to help sustain any type of volunteer fire company.
Chair Gilligan stated the Board is attempting to utilize the City of Ithaca website to provide as
much information to the public as possible about its meetings. His recommendation would be to
look for the Board to take action at its September meeting. After that, the recommendation
would go to the City Administration Committee for its review, consideration, and either approval
or disapproval, if it is approved it would go to Common Council for approval. He explained that
whereas clauses of the resolution explain the history and resolved clauses explain the structure
that would be in place for a single, active volunteer fire company. He expressed his support for
a single active volunteer fire company, and feels that would be the best option going forward.
13
August 14, 2012
NEW BUSINESS:
Special Meeting Date for Board of Fire Commissioners Meeting:
By Commissioner Ellsworth: Seconded by Commissioner McGonigal
RESOLVED, That the date for the September Board of Fire Commissioners be changed to
September 18, 2012 at 4:00 p.m. at Central Fire Station.
Ayes (3) Gilligan, Ellsworth, McGonigal
Nays (1) Baker
Abstentions (1) Hoard
Carried
Alderperson Clairborne stated that City Administration Committee members and Common
Council will rely heavily on the Board of Fire Commissioners recommendation. He encouraged
the Board to be as inclusive as possible, and invited representation from both sides of the issue
to attend those meetings. He further noted that at both of those meetings there is opportunity
for the public to speak.
Commissioner McGonigal left the meeting at 1714 hours.
1 Resolution Declaring 2006 Ford /Altec Lift Truck Used by Fire Alarm
Superintendent as Surplus
By Commissioner Baker: Seconded by Commissioner Hoard
WHEREAS, the Ithaca Fire Department has a 2006 Ford /Altec Lift Truck and,
WHEREAS, this vehicle was purchased for use by the department to service the
municipal fire alarm system and,
WHEREAS, the Department decommissioned the fire alarm system in 2011 and,
WHEREAS, the Fire Department no longer has a need for the vehicle, now
therefore be it
RESOLVED, That the Board of Fire Commissioners authorize the department to
decommission the 2006 Ford /Altec Lift Truck and, be it further
RESOLVED, That the vehicle shall be disposed of in the most economical
manner.
Carried 4 -0
(Commissioner McGonigal absent from vote)
2 MISCELLANEOUS REPORTS:
Town of Ithaca:
Commissioner Gilligan provided the attached written report.
City of Ithaca:
Commissioner Hoard provided the attached written report:
14
August 14, 2012
2013 Fire Department Budget
The Fire Chief reviewed the Department's 2013 budget with the Board. It currently looks
like fourteen Firefighters will be laid off under this budget. I said that although the Board has not
taken a formal position on the budget, I wanted to express my feeling that it is beginning to feel
to me like driving without a seatbelt- very risky. And the recent tornado in Elmira and the need to
send Firefighters and equipment underscored the kinds of emergencies that can occur.
AUDIT:
Reviewed and completed by Commissioner Ellsworth.
DEPARTMENT REPORTS:
Chief's Report:
Chief Parsons provided a written report, which is attached to these minutes.
OLD BUSINESS:
Update on 2013 IFD Budget Proposal:
The City of Ithaca Fire Department budget as presented to the Board was submitted to the
Mayor's office on August 1 st. The Chief has a meeting on August 23rd, with the Mayor and City
Controller to review the budget. Commissioner Hoard is planning to attend that meeting as well.
NEW BUSINESS:
911 Center Consultant Report:
Chief Parsons' report provided information on the status of the consultant's report.
Discussion followed on the floor regarding the improvements recommended, and the need to
hire an outside person to come in to provide supervision and oversight of the Center. This
should help to respond to the personnel conflicts (resulting from staff from multiple agencies
having to work together), lack of supervision, and direction that the staff requires to operate
efficiently and safely. The next meeting of the oversight committee should outline the next steps
that should be taken to correct and respond to the consultant's recommendations.
Discussion followed on the floor regarding the fact that the City of Ithaca pays a significant
amount to the County each ($180,000) to pay for dispatch services, as part of the consolidation
plan. Taxpayers pay for this service through their city and county taxes as well. New York State
Police, New York State Parks, and Village Police agencies do not pay anything and yet receive
the same services, so there is an equity issue concern payment for the dispatch services that
needs to be resolved.
MISCELLANEOUS REPORTS:
Commissioner Baker questioned whether any of the 33 fire fighters eligible for retirement had
indicated whether or not they would take the retirement incentive offered by the City. Chief
Parsons responded that no one had expressed an interest in that offer.
Alderperson Clairborne stated that there is resource recovery legislation that currently is in
limbo, and which had been referred to the City Administration Committee as "budget/labor
implementation plans ". If the Board of Fire Commissioners or the Fire Chief wants, it can be
brought to the City Administration Committee for action, which will require input from the City
Attorney.
15
August 14, 2012
Chief Parsons responded that in light of the current budget needs of the City it would be a good
idea to look into this legislation. He noted that the City could not charge for rescue services if
there were more volunteers than paid fire fighters, which currently is the situation. He noted that
other costs could be recovered, for example, responses to "trouble" alarms. He further noted
that he would like to have the decision made regarding the reorganization of the volunteer fire
companies made before proceeding onto this work involved with the resource recovery
legislation.
Chief Parsons stated that he would provide the 9 -1 -1 consultant's written report to the Board as
soon as it becomes available. He would like the Board to go through it and discuss it so that he
can bring specific concerns back to the County. Chair Gilligan commented that the
memorandum of understanding with the County was negotiated with former Mayor Cohen and
that these performance issues have been an issue that long. Chief Parsons noted that the
current memorandum of understanding has no end date, which is of concern to the City. City
Attorney Lavine responded that there are legal options available with which an end date could
be imposed, if need be. It was also noted that the County dispatch services are also supported
by phone line surcharges.
Regular Meeting Time for Board of Fire Commissioners Meeting:
By Commissioner Baker: Seconded by Commissioner Ellsworth
RESOLVED, That the regular meeting time for the Board of Fire Commissioners meeting be
changed to 4:00 p.m. at Central Fire Station through June 30, 2013.
Carried
(Commissioner McGonigal absent from vote)
ADJOURNMENT:
On a motion, the meeting adjourned at 1745 hours
Sarah L. Myers William Gilligan
Information Management Specialist Chair
16
The following is a summary of the Board of Fire Commissioners quarterly report to the Ithaca
Town Board for the 2nd quarter of 2012 including the year to date call activity summary:
Included with this report are:
The Fire Chief's Report given at the July 10, 2012 BFC meeting this includes
the Fire Marshal's Report & Fire Prevention Bureau activity.
• The financial operations summary through June 30, 2012.
• The department call activity reports for January 1- June 30, 2012.
Fire Department Operational Staffing (June 30, 2012).
As of June 30, 2012 the Active Fire Fighting staffing totaled 64 (on duty staffing -
1 Chief, 5 Assistant Chiefs, 9 lieutenants, & 49 Fire Fighters) plus 1 Deputy Chief
on per diem, This includes the three new recruit firefighters hired in February,
who are now on shift assignments.
• The Fire Chief expects to fill the open Deputy Chief position in August.
• The department has filled the administrative coordinator's position — June
Overslaugh began work in late July. This position replaces the Office manager
position. The Administrative Assistant position is currently vacant and will not be
filled. There is a temporary assistant helping out for a transition period.
Volunteer Company Organization — the Board of Fire Commissioners has been
working with the City Attorney's Office, the Fire Chief, members of the 8 volunteer
companies, and the current active volunteers in the department to reorganize the active
volunteer structure in the department. A public hearing to review issues related to the
current volunteer company structure was held on June 21St in the Common Council
Chambers.
The City Attorney reviewed a number of legal concerns with the current structure with 8
volunteer companies and 14 active volunteers and the distribution and use of 2% funds
(foreign fire insurance tax funds).
The Fire Chief spoke regarding his desire to increase the number of volunteers in the
department to supplement and support the career staff. Both he and the Board are
interested in having an effective and administratively efficient method of recruiting and
supporting an increased number of active volunteers.
A number of individuals representing the eight volunteer companies raised questions
and concerns about any restructuring and concerns about the commitment of the
Department and the City to supporting a volunteer system.
There has been further discussion of the reorganization of the volunteer companies at
the regular July 10th meeting of the Board and at a special meeting held on July 31,
2012. The Special Meeting on July 31St was to review the Department's 2013 budget
submission to the Mayor and the proposed restructuring of the volunteer companies,
which would reduce the number of companies from 8 to 1 active company.
17
2013 Fire Department Budget — At the July 31St meeting, the Fire Chief reviewed the
2013 budget that he was submitting to the Mayor for review and discussion. The Mayor
had asked all departments to prepare their budgets with a 10% reduction from the 2012
budget. The impact of this on the fire department would require a reduction of 12 fire
fighter positions in the department. In all likelihood this scenario would require the
closing of 1 or 2 fire stations.
A 2% reduction in the total budget for the department would still have a significant
impact on the level of service provided to the community. Stations would not be closed
but some stations would likely only be staffed approximately 80% of the time. The Chief
will be reviewing this budget with the mayor and the town as the 2013 budget process
moves forward.
Items in progress:
3 Charter Review- the BFC continues to review and discuss changes in the charter
relating to the role and responsibilities of the Board of Fire Commissioners.
4 Resource recovery —the Board will be reviewing the status of a draft
recommendation sent for review to the City Attorney.
5 County Fire - Disaster — EMS Advisory Board— no new action on this issue.
6 Training Center Facility Project — this is still under consideration, no construction
has been authorized due to the training site being located on land designated as
City Park land.
7 The Board is working with the Fire Chief and the City Clerk's Office to begin
posting BFC meeting agendas and minutes on the City Website. Agenda's for
meetings in 2012 have been posted.
http: / /www.egovlink.com /ithaca /docs /menu /home.asp ?path = /public documents3
00 /ithaca /published documents /Agendas
8 Town Ad Hoc Fire Service Committee and Town concerns about the cost of Fire
Service to the Town. Members of the Board of Fire Commissioners have had
detailed presentations by the Fire Chief on the cost of IFD operations and the
impact on service delivery that would need to occur with various levels of staffing
reductions. The Board would like to remain involved with the Town in the on-
going discussions on this complex issue.
9 The Board is reviewing the role of volunteers in the Ithaca Fire Department- see
information above regarding reorganization of volunteer companies.
Respectfully Submitted,
Bill Gilligan
Chair, Board of Fire Commissioners
OW
City of Ithaca Board of Fire Commissioners
Report to Common Council - 1 August 2012 (Outline)
Tom Hoard, Vice Chair
Volunteer Companies
There are rumors that the Board is trying to eliminate all of the volunteer companies and
take back accumulated funds. That is not the case.
2. 2% Funds: The Board is trying to correct what may be the incorrect distributions of 2%
funds (explain the concept of foreign insurance companies, etc.) to volunteer companies that do
not meet the minimum requirements for numbers of active volunteers.
3. There are eight volunteer companies associated with the Ithaca Fire Departments.
4. Only.fourteen members of these companies have been identified (by the companies) as
active.
5. The Board believes that the Fire Department would be better served if the existing
companies were consolidated into a single company. Compliance with requirements for
distribution of the 2% funds would be achieved, and the Fire Department would be better able
to communicate with, and coordinate, activities of that company.
6. The company would be new, so that there would be no favoritism to a single company.
7. The Board has held two special meetings on'this issue. The volunteers have expressed
their concerns that the Fire Department and the City have not been supporting them, and,
because training has not been provided, the companies have not been able to qualify new
members as active firefighters. They would like to be guaranteed that, if the single company is
created, the Fire Department /City will
provide training for new members, a place for the companies to meet, and a secure place for
the companies to maintain their records. The Fire Chief responded that the Department could
provide the meeting and office space, but added that one problem has been that social activities
which include alcoholic beverages are not permitted on City property. He also said that training
by the County can be arranged to fill that need.
8. The Board will be discussing these issues and working toward solutions that work for all
involved parties in its regular meetings.
2013 Fire Department Budget
The Fire Chief reviewed the Department's 2013 budget with the Board. It currently looks like
fourteen Firefighters will be laid off under this budget. I said that although the Board has not
taken a formal position on the budget, I wanted to express my feeling that it is beginning to feel
to me like driving without a seatbelt- very risky. And the recent tornado in Elmira and the need to
send Firefighters and equipment underscored the kinds of emergencies that can occur.
Tom Hoard, Vice Chair, Board of Fire Commissioners
19