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Council hears proposed fire contract; administrators, citizens debate

Lead Summary
By
Caitlin Forsha-crforsha@gmail.com
Hillsboro City Council met Monday evening in the first of three special meetings planned in the next week to consider a resolution to authorize a contract between the city and the Paint Creek Joint EMS and Fire District.

After a second reading of the vacant property ordinance by title only, council heard the entire resolution "to authorize the Safety and Service Director to enter into an agreement for fire protection and emergency medical services by and between the city of Hillsboro and the Paint Creek Joint EMS/Fire District."

To read the resolution in its entirety, click here.

After the resolution was read, Safety and Service Director Todd Wilkin addressed council on the contract, providing information on the wording and finances of the contract and offering answers to council's questions.

"The city administration would like to enter into a contract with Paint Creek Fire District for a minimum of year, as described in the contract," Wilkin said. "With this contract, there will be no millage applied to the citizens of Hillsboro. The city of Hillsboro will pay the millage equivalent of approximately $554,000."

Wilkin said the millage "could go up or could go down" each year, according to the county auditor.

Wilkin said that the contract would include service from "firefighters, paramedics and EMTs and would be made up of full-time, part-time and volunteer bases" and that the contract asks them to maintain the Hillsboro department's current ISO of 5.

Wilkin also addressed the question of the current Hillsboro Fire Station and its equipment, stating that the city would "maintain the building" and the equipment of the existing Hillsboro Fire Department. The Paint Creek district's employees would continue to operate out of their current uptown Hillsboro location in the old Hillsboro Fire Station, and the city would allow the district to lease the existing department's equipment.

"We would give them access to our building [the current Hillsboro Fire Station] through a mutual aid code, and they will be able to utilize our equipment as it is detailed in the contract," Wilkin said. "They would lease our equipment for a dollar a year. The equipment would be maintained by them, and it would stay at the current fire department building."

As written in the contract, Wilkin said, the start date would be Jan. 1, 2014, but the "effective date" of the contract would be Dec. 1, 2013 to give the district time to adjust.

"There will be no taxes to city residents, and there will also be no vote on the fire district board of trustees with the Paint Creek district while we do contract," Wilkin said, adding that the contract allows the city to attend board meetings and to "voice any and all concerns at those meetings."

Wilkin said that the proposed contract would cost the city $554,000, compared to a projected $1.152 million cost to the city to continue the Hillsboro Fire Department next year.

"If we contract with the district, we will be saving approximately $600,000," Wilkin said. "I want to be clear - the $1.152 million is based on a six-man department, two men per shift. This doesn't include hiring a fire chief and any additional employees to fill other positions at the fire department. This also doesn't include purchasing any new fire or EMS equipment."

Wilkin offered to answer questions from council.

Council member Rod Daniels responded, stating that he noticed "contrary emotions" from the audience members, some of whom shook their heads when Wilkin broke down the costs of maintaining the Hillsboro Fire Department.
 
"Because of that type of nonverbal language, could you clarify the costs of the $1 million a little more?" Daniels asked.

Wilkin explained that they have made "projections" based on the city's year-to-date costs.

"Just to give a clear example, in salaries alone, we've spent to date about $405,000 in salaries alone," Wilkin said. "That equates to about $45,000 a month. You take $45,000 a month, times it by 12, and you come out to about $540,000 a year in salaries alone. That is the majority of this contract, is in salaries. That salaries line item is almost the equivalent of joining the Paint Creek Fire District."

Council member Bill Alexander asked Wilkin, "In addition to salaries, what would be the other large amounts that would go into making the $1.1 million?"

"Another figure into that is insurance costs," Wilkin said. "You're looking at $123,000 for next year alone in just insurance benefits for the city, for the fire department itself. Also, taking into account figures with the overtime, which is really an unknown."

"Did you have an amount?" Alexander asked.

"The overtime basis is about $103,000," Wilkin said.

"Mr. Wilkin, that $1.152 [million] - does that also include debt service on the existing fire station?" council president Lee Koogler asked.

"No, it does not include payment of the bond on the fire department building," Wilkin said. "That is approximately $134,000 a year that we pay on that building."

"Does it reflect the costs that we have annually for the fire pension?" Koogler asked.

"The fire pension is included," Wilkin said. "That's $142,000."

Koogler asked Wilkin who he would recommend as a representative for Paint Creek's board meetings if council would approve the resolution.

"My recommendation is that it would be a council member to sit at the board meetings," Wilkin said.

• • •

Former Hillsboro firefighter David Lowell opened the citizens' comments portion of the meeting by addressing council, and Wilkin, on the ISO portion of the contract.

The contract states that the district will maintain an ISO rating of 5 for the city. The classification system for fire services ranges from 1-10, with Class 1 being the best.

"You said the city could possibly go to the 4, instead of the 5," Lowell said. "Could you tell us what would need to be done to do that, because that would help insurance?"

Wilkin explained that the ISO ratings are done every 10 years, with the next one due in 2015. Wilkin said the city "scored very poorly upon training of personnel and personnel" in their 2005 review.

"What's being currently discussed with the fire chief at Paint Creek is we would have five employees on per shift, so we would be increasing that number as to where we were in 2005," Wilkin said.

"We really only need a little over two points to get to an ISO of 4," Wilkin added.

Lowell also expressed concern over fire prevention programs and criticized having Paint Creek remain in the old Hillsboro fire station.

"During the 33 years I was there, it was too small," Lowell said. "Now it's even smaller."

Lowell said it was a "health hazard" to run the engines in the building.

Lowell also voiced concerns over the maintenance of the equipment at the current Hillsboro fire station.

• • •

Hillsboro Realtor Robyn Coomer followed with continued feedback on the vacant property ordinance.

"Who would ever want to buy a commercial property in the city limits of Hillsboro with such regulated fees forced upon them before they make their first dollar or do anything wrong?" Coomer asked.

Coomer suggested that the ordinance be revised to a "standard building code" to ensure all unsafe buildings, not just vacant ones, are targeted.

Coomer also asked a question. "The ordinance also says the fire chief would be responsible for doing inspections and maintaining this ordinance. If we abolish the fire department, who's going to do it then?"

"Mr. Wilkin, that is a valid question," Koogler said.

Wilkin referred to Section 7.4 of the contract resolution, which states that Paint Creek would offer fire inspection services "as needed."

• • •

Former Hillsboro City Auditor Rosemary Ryan followed to ask Wilkin to clarify his projected costs for the Hillsboro Fire Department for 2014.

"In the year 2012, which is the last year that I have been able to obtain complete numbers, the total cost for the fire department was $1.172 [million]," Ryan said. "However, that was offset by over $400,000 in revenues from life squad and approximately $170,000 in revenue from the fire contracts. By my calculations down to the dollar, what the city actually had to pay out was $592,000 plus some odd cents. You're saying that we would be paying Paint Creek approximately $554,000.

"That figure probably doesn't include costs of maintaining the building that our fire department is currently using. There are probably additional costs that we would have to pay. You're saying that would come out of the millage that we get. Gary, do you know how much you get in annual millage from the county?"

"I think you misunderstood with regard to the millage," city auditor Gary Lewis said. "He said it would come out of the millage equivalent, i.e., it's coming from the earnings tax."

"The difference between the $554,000 and the $592,000 I get, we're talking about $40,000 difference," Ryan said. "It probably would be even a smaller difference than that, after all the costs come in. So why give up our fire department for such a small gain?"

Ryan suggested the matter be placed on the ballot for the May primary.

"I will admit to you that this fire department we have right now is a great group of men," Wilkin said. "I'm not going to lie about that. They provide great service to the city when they're called upon. The fire department was built to service the city and the surrounding townships. We've lost the townships. We don't have that revenue anymore, so right now what we have to do is talk about moving forward. We have to move forward, and we have to do that based upon the numbers that we have now. We can't base it upon what we used to get, we can't base it upon what we might get. We have to base it upon what we currently have."

Daniels asked Ryan if her calculations included fire insurance. Ryan responded that her calculations include "everything, the total cost of running a fire department, from your city auditor's report."

"No, just a second there," Lewis said. "From what I read from you, Rosemary, in all fairness, the pension payment was not included in your figures."

"Where do you pay the pension figures from?" Ryan asked.

"It's paid directly from the General Fund," Lewis said. "It's a direct transfer from the General Fund into the Fire Pension Fund."

"That would add to it a little bit more," Ryan said.

"About 140,000 [dollars] more," Lewis said.

"Will we still get that millage?" Ryan said.

"Which millage are you talking about now?" Lewis asked.

"The fire pension fund millage," Ryan said.

"The $30,000, that would be a question I'd have to discuss with Mr. Fawley [Highland County Auditor Bill Fawley]," Lewis said.

"Because if we no longer have a fire department, we wouldn't get that money," Ryan said.

"We wouldn't need that, because that's solely what that's dedicated to," Lewis said.

"It sounds like it's a wash to me," Ryan said.

"No, just the $30,000 would," Lewis said.

Ryan again encouraged council to let citizens vote on the issue, saying, "I can live with what the voters want, but I do not like having this rushed through in this matter with the council."

Koogler asked Ryan to provide him with additional information on her calculations, and she responded that she would provide him with her notes.

• • •
Jim Matticks of Hillsboro addressed both council and Wilkin with two questions.

"If the Hillsboro Fire Department could come to City Council and show you that they could run a fire department as adequately as Paint Creek could for roughly the same amount, $50,000 or so, would you guys reconsider what you guys are considering?" Matticks asked council.

"Certainly we would entertain anything that was brought before council," council member Pete Pence responded.

Daniels said that he felt that there was no question of the quality of either fire department's services.

"This is more of a cost structure issue," Daniels said. "If an existing fire department could come in with a cost structure that would be competitive, I would say it would be better to stay with the existing fire department, because you wouldn't have the transition costs. But once the costs start getting exorbitantly different between the two, you have to make a decision, especially in today's economy."

Matticks encouraged council to take their time and to look at the numbers before taking action.

"I've seen so many different figures," Matticks said. "Maybe we're not getting accurate figures. Maybe we need to come up with what's a bottom dollar that we would go with Paint Creek. Is it worth losing fellow citizens to a different county, to a different state, to go find another job? I don't think so."

Matticks' other question was for Wilkin in regard to Paint Creek's proposed leasing of Hillsboro's equipment. Matticks asked what the agreement would be for the jaws of life that Paint Creek is currently using.

"There was a contract signed with Paint Creek in 2012 that they would pay for that jaws of life for $100 a year, I believe," Wilkin said. "Through their mutual aid that they're providing the city of Hillsboro, we've decided to waive that fee. There is a contract in place for the jaws of life."

• • •

Hillsboro firefighter Ryan Passet spoke to council about the administration's lack of respect toward their union's attempted negotiations with the city.

"If this decision is strictly financial, which is kind of the implication I'm getting from a few of you, why is the vote scheduled two weeks before our first negotiation with the city?" Passet said, referring to the Hillsboro firefighters union's meeting with the city for negotiations, scheduled for Nov. 6. "I'm just curious why we would vote to leave and go with a different department before we would even talk to the department we have.

"Secondly, we offered concessions a year ago of $106,000. We've told the city's attorneys countless times over the last 12 months that those concessions are still on the table and we'd like to talk to them. We've offered several memorandums of understanding offering use of part-time, the use of volunteers, to cut costs. Not a single one of them has been acted on."

Passet said he also presented a "sample budget" to council, which he said "proves that Hillsboro fire department can match and exceed what Paint Creek's offering."

Passet said he felt that they "weren't looking at the big picture," and asked why "we have to do this in a hurry."

Koogler responded that the city told council that should they choose to contract with Paint Creek, the decision needs to be made with enough time to allow the fire district to get needed manpower and insurance.

"This is not a new issue," Daniels said. "Right now I look at it as, you have the specs that Paint Creek is going to offer right here.

"By the next meeting, to me, you should be able to come up with a response to it. To me, it's in your ball court now, as far as looking at this and seeing if you can match it."

Pence said that his concern was that "even if you can compete financially," the Hillsboro Fire Department is only staffing two people per shift, which he views as a safety concern.

"The city has to be willing to act on the things that we've offered to increase that daily staffing," Passet said.

Council member Dick Donley asked Passet about the staffing in his proposed plan.

"I based the numbers on three per day, with use of volunteers, and there was also a secondary number placed on there of four per day, along with the use of volunteers," Passet said. "We covered the city and seven townships with four per day plus the use of volunteers, so now, we're talking about covering just the city with three or four day per day plus the use of volunteers."

Donley and Daniels both told Passet to look at his proposed plan again as they did not think it adequately planned for equipment and maintenance.

Wilkin also addressed Passet.

"You're paying $45,000 per month in salaries," Wilkin said. "How do you plan on hiring somebody new, and volunteers, and bring that down to $33,000 a month?"

"Part of our concessions package was to utilize days off to eliminate overtime," Passet said. "It also showed the replacement of someone covering those days off, as a part-timer covering those days off.

"That was all part of our concessions package we offered the city a year ago, and I do apologize, you weren't here when we offered that concessions package."

"Ryan, I've been here long enough to not have gotten that proposal that was just proposed yesterday," Wilkin said. "You guys have been doing this – we've been in these negotiations for, like you say to the council, over a year. These proposals should be brought up every week, every month. Yet, we're waiting until now, when we have a deal on the table. The deal that I saw from you guys was $800,000 and some odd change. Going to the fire district is $554,000."

"Plus the squad billing," Passet said.

"The squad billing is undetermined," Wilkin said. "You never know what you're going to get from that. You can make the assumption that you'll get $250,000, but there's also no management of overtime.

"If we go to Paint Creek, we sign one contact. It's their duty and their responsibility to manage the overtime, the Kelly days, whatever you want to say, the maintenance for the equipment. There's no more cost for the city of Hillsboro. Zero cost. Five [hundred] fifty-four [thousand], no more cost.

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"The fire department right now is very hard to manage. In your proposal, I didn't see any fire chief being hired. You guys know that you know a fire chief down over the hill. You know that. So we'd have to hire a fire chief. That person would have to be in that position. That's a position that you did not account for. Accurate? Is that true?"

"Correct, because I've not been told at any point the city is willing to hire a fire chief," Passet said.

"If we're talking about a deal, we talk about the full picture, Ryan," Wilkin said. "What we get from Paint Creek is we get a fire chief, we get captains, we get paramedics, we get EMTs, we get firefighters, we get it all. We have two ambulances with the Paint Creek district that will run. Right now we have one.

"For you to come here and say that you just proposed yesterday this proposal that we've all seen for a year, this is the very first time in my seven and a half months of being in this position that I've seen any numbers of this nature, $828,000."

"Everything that was in that has been offered at one point or another," Passet said.

Wilkin named several past memoranda of understanding presented by the firefighters: "We have to hire full-time firefighters in order to utilize part-timers, and line number six in your MOU, you stated that the mayor was not allowed to say anything negative in the press about the fire department. Do you think that the city would actually sign that MOU?"

"How many MOUs ago was that? Probably four or five since then," Passet said.

"It still was submitted," Wilkin said. "You stand here in front of council and you say that you've submitted all these MOUs that we haven't agreed to."

"And we have," Passet said.

"It appears that this is a game, and this is not a game," Wilkin said. "We're talking about the safety of the citizens of Hillsboro."

"Exactly," Passet said. "We don't feel it's a game either."

Lewis asked to comment on Passet's presentation.

"Mr. Passet alludes to $106,000 worth of concessions that he made last year," Lewis said. "Even at that time, I could only find about $46,000 in those concessions. Some of them were so broad open that you could not rely on them, Ryan, and call them concessions."

"That's the first time I've heard that from you since then," Passet said.

"I've said that several times, but once you get the $106,000 out there, you repeat it like a parrot, and you know, it's almost trying to make it fact just by repeating it constantly," Lewis said.

Koogler interrupted, to which Passet replied "thank you," and asked other citizens to come forth with comments.

• • •
 
Hillsboro resident Chris Matthews, who also addressed council at the regular October council meeting, shared his take on the proposed fire contract.

Addressing council, Matthews said, "Most of you have been elected to represent city of Hillsboro residents.

"As citizens of Hillsboro, everything's being taken away. The fire department is a major source of safety in this town."

Matthews also addressed the city's concern over paying overtime and benefits to the Hillsboro Fire Department.

"Are we in a deficit right now?" Matthews asked, looking at Lewis. "No. So where has that created an emergency to jump out of our own fire department and sign with Paint Creek?"

Matthews said that if the issue is a difference of "$50 or $60,000, you're throwing out one of the most valuable services the city has to offer.

"Each and every one of you are Hillsboro residents, and you need to represent your citizens of Hillsboro," Matthews said. "Truly, truly represent citizens of Hillsboro, not on an agenda. The mayor's had an agenda to get rid of the fire department.

"This administration can be bullish, and that's unacceptable. There's a way to take care of things, and this isn't it. Getting rid of our fire department is the biggest mistake you can make, because what's going to happen next? It's going to be the police department, it's going to be the street department, and before you know it, it's not going to be Hillsboro, it's going to be Hastingsboro."

Matthews' speech was met with cheers and applause.

• • •

Hillsboro resident Becky Caton addressed council about a friend in Liberty Township whose house insurance "went up $600 for the first year" after contracting with Paint Creek.

"They told her it's because the insurance rate is different under a district than a fire department, and I would guess because a district is made to make money, and a fire department is for services," Caton said.

Lewis told Caton that switching from a department to a district "does not have that type of effect to raise $600 like that."

"That's what you say," Caton said.

"Maybe that's what she said, maybe that's the excuse she was given, but there's no way that would happen without other mitigating circumstances, other than just switching from district to city," Lewis said.

Caton asked Lewis if he was an insurance agent.

"I come from the insurance industry, yes," Lewis said.

Lewis said that Caton's friend was free to stop by the auditor's office.

• • •

Firefighter Marc Bayless of the Hillsboro Fire Department, who had also talked to council at last Tuesday's meeting, addressed council next with his experiences during negotiations in his 18 years with the department.

"I've seen a lot of stuff in the last 18 years," Bayless said. "I've seen a lot of communication between the fire department and the administration. We've sat at the table. We've been grown adults. We've sat across from each other. Yes, we've had our arguments, but afterwards, we shake hands and we're friends again. Never in my career here have I had so much animosity and painful communications."

Bayless said that in past negotiations, the Hillsboro Fire Department never had to use lawyers, instead meeting "like grown adults" and drafting contracts together.

"I've lived here since 1994," Bayless said. "I made this town my home. Now I'm embarrassed to say that this is where I live."

Bayless reiterated Passet's argument against the city's plan to negotiate with the Hillsboro department after the contract's three readings and proposed vote next Monday.

"What are we going to be negotiating? A pension? A settlement to go away?" Bayless asked.

Bayless also said the department had "unexpected payouts" in recent months, naming three firefighters who retired or left the department "because of this condition and this current situation."

"I have never seen anything like this and never thought I would see anything like this," Bayless said. "I thought I would retire with 25-plus years in, and now I've got to worry about where my next paycheck's going to be coming from because nobody hires 40-year-old firemen with eight years to retire. Nobody.

"What am I going to do come Dec. 31? Because I am not guaranteed a job with Paint Creek."

Bayless thanked council and was also applauded by the audience.

• • •

Renee Breeden, a former treasurer and current bank employee, spoke about numbers as well, saying that council and their audience heard from three different people – Lewis, Wilkin and Ryan – and that they need "black and white, how much it costs."

"You're sitting there giving off numbers from last year," Breeden told Wilkin. "How do you know? I'm sorry, I don't believe a word that you're saying with your numbers."

"The numbers are actually produced from Mr. Lewis," Wilkin said.

"Well, he's got different numbers than you," Breeden said. "He just said that today."

"Every number that I gave tonight was produced from Mr. Lewis," Wilkin said.

"I'll verify that," Lewis said.

Wilkin explained the city's software program and auditing procedure, and said that those numbers "are what we should be relying upon."

• • •

Kirby Ellison, a former clerk in the mayor's office, asked to clarify the wording of the contract resolution, as there were several instances where sections were "reserved."

"What does that mean?" Ellison asked.

"It doesn't pertain to anything," Koogler said. "It says 'reserved,' but it doesn't say what it's reserved to. Quite honestly, I don't think it has any real bearing."

In reference to Matticks' earlier discussion with council, Ellison asked Koogler if the jaws of life contract "was ever brought before council." Koogler indicated that it was not.

• • •

Tom Milbery, a Hillsboro resident running for Hillsboro City Council, said that it was a "tough time to be on council."

"I'm just going to give an opinion as a taxpayer," Milbery said. "I don't think our firefighters stand a chance. I sense hostility. I sense they're history. I think that's wrong to do that to do a group of people without giving them an opportunity to sit across the table from you and negotiate."

Milbery reiterated Ryan's earlier plea to "put this to a popular vote" and asked council not to take the department "apart and destroy it."

"It's wrong, people. It's wrong to do that," Milbery said.

Milbery also repeated a quote from Lewis earlier in the meeting, saying, "I beseech you to reconsider this and not follow suit like parrots."

Milbery's statements were also met with applause.

• • •

Mark Sanders, president of the Ohio Association of Professional Fire Fighters, had addressed council at last Tuesday's meetings and spoke about the city's inability to vote or serve on the board for the Paint Creek trustees.

"If I was in your shoes, I would be concerned that, one, we've sat here for however long dissecting every bit of information about the fire department, but you will not have one vote on that board of trustees," Sanders said.

Sanders also criticized the lack of "performance measures" in the fire contract, unlike the "benchmarks" outlined in the vacant property ordinance.

Daniels asked why Sanders did not consider the ISO rating to be a performance rating.

Sanders said it was a "very basic rating" and is "losing its value as a benchmark for communities, as far as performance objectives for fire departments."

Regarding Wilkin's proposal to have a council member attend the Paint Creek board of trustees meetings, Sanders compared the role of council as a voting, active member in their current position to being unable to vote on the Paint Creek board.

"I find it quite interesting that you when you asked who is going to represent the city on that board, they're going to toss a council member into a situation where you have no real input and no voice," Sanders said. "You, as elected officials, who have a say and have a vote, and are used to that, will have no say and no vote in this operation."

Donley comment that he "took exception" to Sanders' comment regarding having a council member attend Paint Creek's board meetings, saying that he believed Sanders was insinuating that council members are "not knowledgeable."

"My point is the representative of Hillsboro, that answers to the citizens, has no real say on that board," Sanders said. "Here, you can take a vote. There, you can make suggestions, as I understand it."

"The problem is you don't think we have the knowledge to make those decisions," Donley said.

"That's not what I meant," Sanders said. "You could be the greatest fire authority in the world … but I don't think you have any authority on that board."

"I agree with Mr. Donley," council member Tracy Aranyos said. "Not only from you, but from Ms. Ryan and other people making comments that we're trying to rush this through and that we need to put it to the voters, when technically, we are putting it to the voters because we represent our voters. They are able to call us.

"I understand what you're saying as far as sitting on, if we contract, sitting in on their meetings, that we might not have the expertise that someone like you do, as far as the fire department's concerned."

"No, that's not what I said," Sanders said.

Koogler eventually stopped their argument, saying, "I understand sitting on a board and not having a vote."

Koogler concluded the meeting by encouraging the community to continue to address council during their consideration of the proposed contract.

"I certainly appreciate everyone's input this evening," Koogler said. "We continue to want your input. This is a major decision. It's a critical decision, and we have to educate ourselves and make sure that we feel that whatever decision is made is the best one."

Council will next meet Thursday, Oct. 24 at 7 p.m. in the Hillsboro Municipal Courtroom.

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