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The Plainview City Council met on January 10, 2006 at 7:00 p.m. n the City Council
Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting
was posted in City Hall at 9:30 a.m. on January 6, 2006. Mayor John C. Anderson
presided. Councilmembers present were: Mary Jane Shanes-District 2, Belinda Pena-
District 3, John N. Bertsch-District 4, and Wendell Dunlap-District 6. Councilmembers
Kelvin Tipton-District 1, Ron Trusler-District 5 and Roland Nash-District 7 were absent.
Staff members present were: Greg Ingham-City Manager, John Castro-Director of
Community Services, Leslie Pearce-City Attorney, John Berry-Director of Public Works,
Jack Keller-Budget Manager. Dale Simpson-Director of Civil Service, Gary Glass-Fire
Chief, Del Essary-Sanitation Superintendent, Will Mull-Police Chief, Don Burress-
Training Officer and Belinda Hinojosa-City Secretary.
Guests present: Fran Ehler, David Ehler, Chad Ehler, Klm Pelletier, Rashel Hall,
Jacob Hall, Charles Hall, David Milstead, Joe Smith, Phil Borron, Robert Edwards, J. W.
Hamby and Delton Waggoner
Councilmember Mary Jane Shanes delivered the invocation.
Councilmember Belinda Pena led in the Pledge of Allegiance.
Councitmember Shanes moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Pena and carried by unammous vote. Items approved on
the consent calendar included approval of the minutes of December 13, 2005 and
January 5, 2006. The Council granted excused absences to Councilmember Ron
Trusler, Councilmember Roland Nash and Councilmember Kelvin Tipton. The
Council approved the reappointment of Margie Coen, Rosie Rendon, Alice Rey and
Nadine Rogers to the Runningwater Draw Retired & Senior Volunteer Program
Board with said terms to expire December 2008. The Council approved the
appointment of Carmie Hill to the Runningwater Draw Retired & Senior Volunteer
Program Board with said term to expire December 2008. The Council approved the
appointment of Albert Busch to the Runningwater Draw Retired & Senior Volunteer
Program Board to complete the unexpired term of Dr. Dana West with said term to
expire December 2007. The Council approved the appointment of Kevin Sweeney to
the Library Board with said terms to expire on December 31, 2009. The Council
approved the reappointment of Paul Reynozo to the Planning & Zoning Commission
with said term to expire on January 1, 2008. The Council approved the reappointment
of Bill Cross to the Airport Board with said term to expire on January 1, 2008. The
Council approved the update of the City of Plainview CCN.
Greg Ingbam, City Manager presented the request of Wayland Baptist University,
petitioning the City of Plainview to close the alley Between 7th and 8m, lYing between
Lots 1-8, inclusive and Lots 9-16 inclusive, Block 58, College Hill Addition to the Town
of Plainvibw,~ 'th Ha e County, Texas, the samethbe ng n the general vicinity of the 2200
block of ? Street and the 2200 bock of 8 Street. He stated that Wayland Baptist
UniverSity has requested that this item be tabled until the next Council meeting.
Mayor Anderson moved to table the item until the next regular council meeting. The
motion wa~s duly seconded by Councilmember Dunlap and carried by unanimous vote.
City council Minutes
January10, 2006
Page 1 of 7
Greg Ingham, City Manager presented information on Private Transfer Ambulance
Franchise Application. He stated the City, requires that anyone who wishes to provide
.transfer ambulance service is required to obtain a franchise from the City. The
applicant is required to provide the following:
1. A statement that the applicant has obtained appropriate liability insurance.
2. A statement of the number of vehicles the applicant proposes to operate and the
make, model and vehicle identification number of each transfer vehicle
3. Proof of State certification that such ambulance is equipped and staffed in
accordance with State law and proof that the ambulance service ~s in compliance
with all requirement of the area Medical Director
4. A list of persons who will act as ambulance attendants and ddvers, their current
state of Texas registry status and their date of employment; and
5. Proof of State safety ~nspection sticker for each vehicle
This information has been provided The applicant must also submit a non-refundable
$200.00 fee which has also been done. The City Council will then conduct a public
hearing on the franchise application and receive evidence as to whether the public
convenience and necessity justify granting the franchise, whether the applicant is
qualified to render good service and has or will have sufficient equipment of suitable
type and condition, and to any other relevant facts bearing on whether the franchise will
be in the public interest. The City Council shall grant the franchise and determine upon
what terms and conditions it will grant it, or shall refuse to grant it in accordance with the
findings as to whether considering the above standards, the public interest will be
served. The burden of proof shall be upon the applicants to establish that a need in the
communiby exists for their services.
Councilmember Dunlap moved to open a public hearing regarding Private Transfer
Ambulance Franchise Application. The motion was duly seconded by Councilmember
Bertsch and carried by unanimous vote.
The public hearing wras opened at 7:11 p.m.
Klm Pelletier, owner of West Texas Guardian Ambulance which she proposes to open
in Plainview. She stated they have started an am bulance service and filed application
with the City on September 13th based on a need by the hospital and expressed by the
nursing facilities that there isn't enough ambulance service available to take care of the
non-emergency needs of the patients. She stated they are very different from non-
emergency and 911 services in that they only take those responses which require
transfer frbm hospital and back to nursing home or from hospital to another hospital.
She stated she used to work with Lubbock Aid Ambulance, the current private
ambulance service for a little under 3 years and her manager has worked for them a
little over five years and so they've had a few years of experience realizing that there is
not enouglh service available in Plainview to take care of our resident's needs. They
have patients in hospitals that have delay in service because an ambulance is not
available and our EMS is not permitted to have but one truck out of town at a time. She
stated they have the support of the physicians. She furnished a sheet to the Council
with signatures of 18 physicians expressing support of their services be na offered in
Plainview. They sheet has a total of 63 signatures of medical professional~ They are
offering MICU level of service which is what is provided from the local EMS service and
City Council Minutes
January10,2006
Page 2 of 7
451.
452,
Lubbock Aid Ambulance. They also plan to carry any patient irregardless of the type of
insurance.
Councilmem~er Shanes asked how need was determined. Ms. Pelletier stated such
was determined from experience ~n working for Lubbock Aid Ambulance and by hospital
physicians and nurses expressing need and stating they have been waiting for care for
hours because a unit is not available.
Councilmember Pena asked what if someone did not have insurance would they still
take the transfer. Ms. Pelletier stated they would not even want to know the patient's
status as to whether or not they had insurance, if the patient needed [he transfer they
would take whomever.
Councilmember Bertsch asked why Plainview? Ms. Pelletier stated Plainview is an
ideal city with a very good hospital, but it is not a level one or level two facility. When
you have a severe medical or trauma they are required to be taken elsewhere.
Councilmember Dunlap asked beside you and your partner, how many other people
involved are qualified. She stated their current staffing list includes three EMT
intermediates and one paramedic and do intend on hiring more EMT's and paramedics
once the franchise is approved.
Mayor Anderson stated it says in ordinance that burden of proof shall be upon applicant
to establish a need exists in the community for their services. He stated you have
provided a list of folks from the medical community that says they will support this
service, but haven't seen yet any statistical information. Do you have such information
that you've put together?. She stated she did not have such and could only go with the
reason given by the nurses.
David Ehler, OwnerfManager of Lubbock Aid Ambulance stated he had 36 years
experience of running an ambulance service in Lubbock. He has spent nine years in
Plainview. He stated he did not come to defend his company, but with his experience to
paint a picture of how he sees normally what happens. He stated he did not feel that
three ambulance services would work in Plainview. Someone will probably have to
move out down the road. It is very difficult to run an ambulance service. He stated Klm
and her staff are good people and they [rained under him, but 2 ~ years on a rig does
not qualify you to run an ambulance service. He asked if they'd even thought on how to
file a M~edicare clairn or even looked into the cost of a malpractice policy. In the ~ast
rune days they have run five calls. On January I they ran zero calls. January 2 - zero
calls, January 3 - one call, January 4 - 2 calls, January 5 - zero calls, January 6 - zero
calls, January 7 - zero calls. January 8 - one call and January 9 - zero calls. The Fire
Department and Lubbock Aid Ambulance have worked well together and if not broken
why fix. He stated sometimes we're not there because maybe there is no medical
necessi!y, a sprained ankle, a high fever, and can't walk; those are things that neither
the fire de~partment or they are going to be rushing in there worried about good health
care. H~e stated he did not know of one complaint during their time here.
Councilmember Dunlap asked about comment Mr. Ehler made that f someone is out at
the hospital and they have a sprained ankle or something along that line and you,didn't
feel thalJ it Was an emergency you implied that you might not be in a hurry and you d say
City Coun~:il Minutes January 10. 2006 Page 3 of 7
that you'd wait until you finished drinking coffee that doesn't sound to be good sound
business practice. Mr. Ehler apologized for coming across that way and stated that was
not intended You're never going to see us sitting around when a hospital is calling and
say excuse me let me [inish dinner. We understand the importance of getting there.
There are times that there is a triage value, there may be other patients where we ask
what is wrong.
Mr. Dunlap also asked Mr. Ehler if they'd gone in and talked [o hospital people to find
out what type of job they are doing. Mr. Ehler stated they recently visited with the acting
hospital administrator about six to eight weeks ago. He also stated they go to the ER to
check in every morning.
Mayor Anderson asked about examples for the first of year. Do you have any data on
what the average daily transfers from Plainview over the past three to six months? He
said City staff has requested that information and that the assistant fire chief may
present that information in his presentation.
Councilmember Bertsch asked why not have two ambulances in Plainview, Mr. Ehler
stated there is not enough business to send two crews here.
Mayor A~derson a~ked if they served other cities other than Lubbock and Plainview.
Mr. Eh[er stated they left Levelland four or five years ago and at this time they are only
in the Lubbock and Plainview area.
Don Burress, Training Officer for the Piainview Fire Department explained the difference
between a 911 provider and a private provider. He stated 911 providers must respond
to all calls and cannot refuse transport due to lack of ability to pay or other reasons;
pdvate providers may refuse transport for any reason, including lack of ability to pay.
The Plainview Fire/EMS - 911 providers has four EMS units of which three are mobile
intensive care units and one advance life support unit. There are 36 paid employees of
those being 18 paramedics, six intermediates and 12 basic. Lubbock Aid Ambulance is
a private provider with one ambulance in Plainview, 13 ambulances of which 9 are
MICU and 4ALS. They have 45+ employees with a 24 hour dedicated dispatch system
and 9 years in Plainview. The proposed franchisee is a private provider with 1
ambulance MICU, four employees of which one is a paramedic and 3 intermediates. No
information is provided as to whether there is a dedicated dispatch system and there is
no previous history of company since they are a new company. Transfers refer to
patients gping from a facility to another destination such as a home, nursing home and
hospital, local and out of town. He provided the following information on the amount of
transfers:
Calendar Year 2004
January - October 2005
Plainview Fire/EMS 199 Plainview Fire/EMS 237
Lubbock Aid 416 Lubbock Aid 331
Aerocare 53 Aerocare 26
Total 658 Total 594
453
City Council ,Minutes
January 10,2006
Page 4 of 7
Average Daily Transfers
All Provi0ers
1.8 Per Day
Plainview Fire/EMS
0.54 per day
Average Daily Transfers
All Providers
1.95 Per Day
Plainview Fire/EMS
0,77 per day
He stated the average payment for Medicare and Medicaid per run is $248.45,
Medicare allows $9.17 per mile and the adjusted charge for a Lubbock call would be
$502.13. The Plainview Fire Department/EMS collected $99,923.87 for 2004. The
addition of another ambulance service provider could lead to a potential loss of revenue
for the City on transfers and the City may, have potential for a hi.g~ er percentage of
indigent care. He stated in the calendar year 2004 there were 1,974 catis at a rate of
5.40 calls per 24 he~r day. In calendar year January through October 2005 there were
a total of 1 725' calfs at an average of 5.67 calls per 24 hour day. He stated in 2005 self
pay and indigent were billed $434,000,00 of which $26,000.00 were collected.
Councilmember Dunlap asked clarification on statement that if another service provider
was brought in the City could possibly pick up more indigent care. He asked how it
could create that problem. Mr. Burress stated because a transfer service could have
the right to refuse,
Mayor Anderson asked about the $99,903 for income, he asked if that was profitable for
the City and what expense is the City out to collect? Mr, Jack Keller, Budget Manager
stated it cost us about $62.00 per hour whether going anywhere or not.
Klm Pelletier asked if could clarify a few points. She stated in Ordinance that Lubbock
Aid renewed their franchise; it states that Lubbock Aid will provide service to all
requesting service regardless of ability to pay. As a third service they would be willing
to accept indigents or self-pay regardless of ability to pay. She stated regarding [heir
billing services they are working with a very experienced billing service provider. This
company has been in business since 1993. She also stated a lot of wear and tear is
placed on your trucks at 600 hours that would be over 27,000 miles in addition to
maintenance costs at about .19¢ per mile.
Councilmember Shanes asked if they would have a 24 hour dispatch system, Ms.
Pelletier advised they would have a 24 hour dispatch system with at least an EMT
basic. Councilmember Shanes asked if there were any medical professionals in the
audience. There were none.
Jim Fitzgerald asked if they had been approved for an SBA loan. He was advised they
had been approved
Councilmember Shanes moved to close the public hearing. The motion was duly
seconded by Councilmember Dunlap and carried by unanimous vote. The public
hearing was closed at 8:08 p.m.
City Council Minutes
January I0,2006
Page 5of7
Mayor Anderson presented for consideration and take necessary action regarding
Transfer Ambulance Franchise Application. Mr. Ingham did not have any further
comment. There was no other public comment. Councilmember Pena moved to deny
the application for transfer ambulance franchise from the new company based on the
information recewed tonight. She stated that we have been provided a good review of
the needs for the City and the transfers that have been done and at this time I do not
feel we shou d approve the transfer application. The motion was duly seconded by
Councilmember Shanes. Mayor Anderson, Councilmember Mary Jane Shanes,
Councilmember Belinda Pena, Councilmember John Bertsch voted '1:or" the motion·
Councilmember Dunlap voted "against" the motion. The motion carded.
Greg Ingham, City Manager presented information regarding Seth Ward CCN
Expansion. He stated that Seth Ward has applied to extend their CCN (a certificate of
convenience and necessity which defines an area in which a utility can sell water or
provide sewer service). Seth Ward has applied for both an expansion of their water
system and to provide sewer service. The City has expressed a concern with the.
current application since would only have platting authority in its ETJ. He stated he has
talked wi'~h Mr. Milstead and in looking at this they want to and need to move forward
with the building of the sewer plant. The City of Plainview has requested a hearing with
TCEQ on Seth Ward's application which has slowed down Seth Ward's progress. Mr.
Milstead ~as indicated a willingness to pull back their application basically to Wood
Avenue. in a meeting he had last Friday with the City's legal counsel, Mr. Ingham found
out that tl~ey can go a ¼ a mile from the end of their CCN boundary ne. In talking with
Mr. Milstead, they have ndicated that if we would go ahead and consider withdrawin
· g
our reque[~t for a heanng, they would be willing to bring their request for a CCN back to
Wood Avenue and Pioneer Road and basically running along the north side of that key
that sticks out there. The question for the Council tonight is if is agreeable to Council,
would the Council consider withdrawing the City's request for hearing if Seth Ward
would reduce the r CCN back to Pioneer Road, Wood Avenue and basically running
along the north side of this key that sticks out there.
Mayor AnCerson clarified the matter for Council and h mself. He stated if we reach this
agreement, then Seth Ward's CCN for both water and sewer would run down the center
of Wood Avenue with Wood Avenue being the West boundary then the North boundary
would be ~Pioneer Road, it would include on the Southern part of the key the Northern
most tip or where they are now with a straight line across there.
Mr. Ingham stated there is one party that is currently interested in some development
out there. The City has had some discussions with Mr. Hamby and the concern is with
the location.
Mayor Anderson asked for public comment.
David Milstead, President of Seth Ward Water Supply Corporation handed out a map
with the area that could be included in the ¼ mile. He stated he did not have any
problem ~'ith cutting the area back. He asked if the area was really worth pursuing.
The area the developer is interested in was regarding water. He stated if the council is
not interested in the first proposal, they would be willing to cut back the area proposed.
455
City CounCil Minutes
January 10, 2006
Page 6 of 7
456
J. W. Hamby stated he is [he developer looking at the 35 acres just South of Pioneer
Road. He stated they were going to share the costs of water with Pioneer but he aoes
not want to stand in the way of the Seth Ward project and was willing to step aside for
now and address lis area later with the proper people to complete their project
regarding water.
Phil Borren, a property owner in the affected area stated he has five to s~x acres in the
area. He asked ~f they are excluded what would happen if these services were needed.
Would they be taken in as part of the city limits and would they make [hose services
available.
Mr. Ingnam stated that water is available in that area, but under the present policy that
area would be required to be annexed. He stated there is no answer at this time the
situation would have to be looked at.
There was no other public comment.
Councilmember Dunlap moved to approve the amended area that has been presented
to us this evening and that we accept the amended zoning as noted on the sheet that
David Milstead provided. Mayor Anderson clarified the motion as follows: that we
agree to Seth Ward's CCN expansion application to the center of Wood Avenue on the
West and to the center of Pioneer Road on the North and also to include approximately
1260 feet North of 34th Street Seth Ward's current northern most boundary, and from
Columbia East to County Road X and we approve this with the understanding that the
Cty of Plainview will withdraw its request for hearing. The motion was duly seconded
by Councilmember Bertsch and carried by unanimous vote.
Del Essary, Landfill Superintendent presented the award of bids for one Motor Truck
and front-toad packer body and one 17 yard elevating scraper. 13 bids were received
from four different bidders. He is recommending the bid be awarded to the iow bidder
being West Texas Peterbilt in the amount Of $151,774.00. Councilmember Bertsch
moved [o award the bid to West Texas Peterbilt in the amount of $151,774. The motion
was duly seconded by Councilmember Shanes and carried by unammous vote.
Mr. Essary presented the bids for the 17 cubic yard scraper. He recommended the bid
be awaked to the Iow bidder being Warren Cat out of Lubbock in the amount of
$299,850. Councilmember Shanes moved to award the bid to Warren Cat out of
Lubbock in the amount of $299,850. The motion was duly seconded oy Councilmember
Dunlap and carried by unanimous vote.
Mayor Anderson moved to adjourn the meeting. The motion was duly seconded by
Counc'lmbmber Shanes and carned by unanimous vote.
Th~,~ being no further business, M~ayor Anderson adjourned the meeting at 8:44 p.m.
Belinda; H!nojosa
CitY Secretary
City Council Minutes January 10, 2006 page 7 of 7