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HomeMy WebLinkAbout06 0110 min450 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