Warsaw City Council Tuesday approved an ordinance for the city to enter into a fire protection territory with Wayne Township.
The council unanimously during a special meeting Tuesday night approved entering into the agreement.
A public hearing for the fire territory was held Feb. 2 at city hall.
The fire territory will be called the "Warsaw-Wayne Township Fire Protection Territory."Warsaw will serve as the territory's provider unit and must maintain a Warsaw-Wayne Township fire protection territory operating fund. Wayne Township will serve as a participating unit.
The boundaries of the territory will include all unincorporated areas within what is currently designated as Wayne Township. The incorporated areas of the Warsaw boundaries will be the boundaries of Wayne Township and Warsaw.
Warsaw Mayor Ernie Wiggins said Wayne Township approved a resolution last week to enter into the fire territory with Warsaw. Winona Lake opted to not participate in the fire territory.
"I was disappointed that Winona Lake decided to not become a part of the territory as much as we've been providing fire services for them over the years," Councilman Joe Thallemer said.
Thallemer said there should be protocal if the Warsaw-Wayne Township fire territory goes outside its territory boundaries to provide fire services.
"We need to know how we will respond and whether or not we have the ability to recapture some of our costs if we travel outside our territory," Thallemer said.
"I think it is important to know up front not only to the tax payers of Warsaw and Wayne Township, but other townships that will be effected by not being a part of the territory and what to expect as far as fire services from our fire protection territory."
Wiggins said under the fire territory their is a mutual aid agreement for fire services.
"I don't care if it's Winona Lake, Mentone, or Leesburg. If there is a big fire we will still provide mutual aid services to the other townships," Wiggins said.
If another township chooses to join the unit they must be contiguous to the territory and an ordinance or resolution by all parties providing for new boundaries of the territory and a provider unit and all participating units must be provided.
A uniform tax rate will be imposed on all the taxable property within the territory for protection services.
The interlocal cooperation agreement includes fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the territory.
The other services include fire prevention including identification and elimination of all potential and actual sources of fire hazard; and other purposes and functions related to fire protection and fire prevention including but not limited to public safety, emergency, medical response, emergency dispatching, and all other emergency response which further the purposes of promoting the health and safety of the citizens of the territory.
An equipment fund also must be established for the purchase of fire protection and emergency response equipment including making required payments under an installment conditional sale, mortgage contract or lease rental with option to purchase equipment.
The department will be required no later than July 15 of each calendar year to submit to the executive board a proposed budget for the operating and equipment funds of the territory for the coming budget year.
The agreement will terminate if there are not at least two participating units which are parties to the agreement with one participating units designated as the provider unit.
The council on second reading approved an ordinance that prohibits the operation of vehicles with engine compression brakes.
The vote was 4-1 with Councilman Thallemer, Jeff Grose, Kyle Babcock, and Dan Hampton supporting the ordinance. Councilman George Clemens and Jerry Patterson were absent.
Councilman Charlie Smith voted against the ordinance and expressed concerns with the city not being able to post signs on state roads to make drivers aware of the ordinance.
Warsaw Police Chief Perry Hunter said Indiana Department of Transportation informed him under its policy the state does not allow signs to be posted prohibiting the use of compression engine brakes on state highways due to safety issues.
Hunter said there have been noise issues with trucks using the loud engine brakes on U.S. 30, Ind. 15, and Ind. 25.
Hunter said he will talk to District 9 State Senator Ryan Mishler and Wiggins will talk to INDOT about how to make drivers aware of the ordinance.
"I agree signage should be posted since truckers come from all around the country," Hunter said.
Hunter said for the interim drivers who use compression engine brakes will be issued a warning citation.
In other business the council approved on second reading Warsaw Police Department setting of a forfeiture fund from legal seizure of money. The fund will allow the department to use the proceeds from legal seizure of money.
