02-26-01 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 26, 2001 changes. It is apparent that this Agreement will soon no longer be needed because of the progress being made on the south side with the sewer and water project. But, the two (2) things that stand out more than anything are the need for long range planning with regard to staff and rigs and the other issue is better communication between management and staff and City administration and the City Council. Councilmember Ujdak stated that this was something that was decided very late in the game and, had circumstances been different, the Council would probably not be considering this Resolution. On that basis, Councilmember Ujdak offered a friendly amendment to restate Section 2 which would read as follows: Section 2. The City administration shall notify the Common Council and the City Clerk at least seventy -two (72) hours in advance of sending any notice to terminate the Interlocal Agreement. To foster better departmental communications, the South Bend Fire Department shall re- implement its Labor/Management Committee. Section 2 as it stands shall be Section 3. Therefore, Councilmember Ujdak made a motion to accept this amendment to the Resolution. Councilmember King seconded the motion. Councilmember Varner asked whether re- instituting the Labor Management Committee would have to be worked out through the firefighters contract. Council Attorney Kathleen Cekanski - Farrand stated that it would not because management has that right. Attorney Cekanski - Farrand stated that in light of Chief Taylor's comments at the Health and Public Safety Committee meeting that he was going to re- institute this committee, this is a paper trail. Councilmember Coleman asked if this was the appropriate place for that paper trail to take place. He noted that he is in full support of re- instituting the Labor Management Committee but questioned whether it should appear specially within the context of what is otherwise an Interlocal Agreement between two governmental entities. He stated that he appreciates why it should be given some consideration in light of the circumstances, but wondered if it was appropriate to have it be specific language in this Agreement. Councilmember Ujdak stated that the language is not in the Agreement itself but is part of the Resolution. Council Attorney Cekanski - Farrand stated that for purposes of clarification, nothing that Councilmember Ujdak is proposing affects the Interlocal Agreement. It is just a communication link between the administration and the Council as well as the Fire Union and fire administration with the Health and Public Safety Committee. Councilmember Kirsits inquired of Mr. Bodnar if during the negotiations it was asked of Centre Township whether or not they would respond, under the mutual aid context, with mutual aid water supply. Mr. Bodnar stated that it was not asked of them and Councilmember Kirsits asked why not. Mr. Bodnar stated that it was because the City would have no way to oblige Centre Township to respond. With this Interlocal Agreement, they are obliged to respond. He noted that under the twelve (12) year old document, if the Chief thinks the department can respond without diminishing their ability and other responsibilities then they can respond. That is the language of the current document and it is certainly nothing the City could make enforceable if they did not. The reason the City decided on an Interlocal Agreement is so the City can show there is something to enforce if they do not respond. Councilmember Kirsits also asked who the call will roll over to if Centre Township is out on a run and the City will only respond on a documented fire which will be a delay until the rig gets there. He asked if the call would roll over to the next volunteer unit or to the nearest pager firefighters. Chief Taylor stated that ordinarily when a township is on a response, the next available township would take that call. In this case, Chief Taylor stated that it would be South Bend. Under normal circumstances the call would be rolled over to the next closest volunteer to respond. It could conceivably be Lakeville or Perm.