Fire protection contract extended while court fight looms

Times (Munster, IN)

Jul. 31--VALPARAISO -- A disputed fire contract between the Beverly Shores Volunteer Firemen Inc. and the Pine Township trustee will remain in place at least until a court hearing Aug. 14, according to case records.

The dispute was to be taken up Tuesday morning in court, but a delay was granted at the request of both sides.

The volunteer firefighters from the small lakefront community are challenging an attempt by the newly-elected Pine Township Trustee Tammy Watkins to terminate a 3-year-old fire protection contract.

The firefighters argue in a civil complaint that Watkins is attempting to end the agreement without the necessary permission from the township board.

The firefighters are asking the court to step in and stop the cancellation proceedings until the matter can be taken up by the township board. The complaint also seeks a wider ruling on the dispute from the court.

Watkins had referred all comments to her attorney, John Espar, who did not return a telephone call last week.

Porter Superior Court Judge Jeffrey Clymer denied a request earlier this month from Espar seeking additional time to respond to the complaint.

Espar argued he is serving as special prosecutor in Tippecanoe County and was preparing for a trial that began July 23. He had sought a 30-day delay beyond the Monday filing deadline.

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The dispute centers around a fire protection contract that the township board had entered into with the Beverly Shores department on July 5, 2016, according to court records. The action came as the Pine Township Volunteer Fire Department was disbanding.

"The Pine Township Trustee was not a signatory to the Contract," according to the department's complaint.

The contract not only calls on the firefighters to provide fire protection services to the township, but also gives them use of the township's facilities and equipment. The Beverly Shores firefighters are required to maintain and insure the facilities and equipment, the complaint says.

The contract does not have an expiration date, according to the complaint. Rather, it provides both parties the right to give 90 days notice to the other to leave the agreement.

"Since the execution of the Contract, Plaintiff Beverly Shores Volunteer Firemen, Inc. has provided continuous fire protection services to the Township, responded to emergency calls, and otherwise satisfied its duties under the Contract," the complaint reads.

Watkins began soliciting applications on April 12 from volunteer fire departments to provide fire protection services to the township from Aug. 1 through Dec. 31, with the option to renew for three one-year periods beginning Jan. 1, according to the complaint.

The Beverly Shores firefighters said they received a 90-day contract cancellation notice from Watkins via email on May 1, which aimed for a July 30 termination date.

The department said the notice was given "without the input or approval of the Township Board." The complaint cites the section of state law that the department believes requires the involvement of the township board.

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