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04/29/1997 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES APRIL 29, 1997 The Edmonds City Council Special Work Meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Dave Earling, Council President John Nordquist, Councilmember Roger L. Myers, Councilmember. Dick Van Hollebeke, Councilmember Gary Haakenson, Councilmember Thomas A. Miller, Councilmember ABSENT Jim White, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Michael Springer, Fire Chief Robin Hickok, Police Chief Paul Mar, Community Services Director Art Housler, Administrative Services Director Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder COUNCILMEMBER VAN HOLLEBEKE MOVED; SECONDED BY COUNCILMEMBER MYERS, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEM 3ER MYERS, FOR APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED. The agenda items approved are as follows: (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 22,1997 (C) APPROVAL OF CLAIM WARRANTS #15181 THRU #17100 FOR THE WEEK OF APRIL 21, 1997, IN THE AMOUNT OF $90,810.44 (D) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING A CLOSED RECORD APPEAL HELD ON MARCH 25, 1997, ON THE DECISION BY THE ARCHITECTURAL DESIGN BOARD TO APPROVE AN APPLICATION BY THE PORT OF EDMONDS TO ALLOW THE CONSTRUCTION OF NEW COVERED MOORAGE STRUCTURES AND FLOATS TO REPLACE DAMAGED STRUCTURES IN THE PORT MARINA WHICH IS GENERALLY LOCATED AT 336 ADMIRAL WAY (Appellant: Robert Van Citters Jr. & Roy NcCorchuck / Applicant: Port of Edmonds. File Nos. ADB - 97 -6 and AP -97-15) Edmonds City Council Approved Minutes April 29, 1997 Page 1 3. WORKSHOP - EMERGENCY MEDICAL SERVICES (EMSI Council President Earling explained the Council felt it was necessary to hold a workshop meeting to review issues that took place at the end of last year surrounding the disposition of the Medic 7 Program and to lay the groundwork for further consideration of this issue, including budget implications for next year. Although interest had been expressed regarding an opportunity for public comment this evening, he explained this was intended to be a workshop for the Council. He noted Mayor Fahey will be receiving citizen input regarding Medic 7 and EMS at a meeting scheduled on May 12 regarding preparation of the 1998 budget. Further, there would be opportunity for public comment during upcoming meetings as the 1998 budget policy is formulated. Council. President Earling introduced guests making presentations to the Council: Tom Foster, Snohomish County Fire District 1/11; Pat Cordova, Mountlake Terrace City Council and current Medic 7 Board Chair; Connie Fessler, Mountlake Terrace City Manager and a member of the Medic 7 Transport Fee Taskforce; Tom Petruzzi, former Edmonds City Councilmember and Medic 7 Boardmember at the time the Transport Fee policy was formulated; and Michael Springer; Edmonds Fire Chief. Councilmember Haakenson, who replaced Mr. Petruzzi on the Medic 7 Board, expressed his appreciation for the opportunity presented by this workshop for further education regarding the EMS issue, noting it was an area of high public interest. He urged citizens who still had questions following this presentation, to write him (in care of the Council office) which he would follow up with a letter or telephone call. Edmonds Fire Chief Michael Springer described the history of the Edmonds Fire Department, established in 1904 as a volunteer department and continued as a volunteer department until 1963 when the first full-time employees were hired. At that time, transports were handled by a private ambulance company. When the private ambulance companies went out of business in 1971, the Edmonds Fire Department established aid and transport service using a 1965 Ford Station Wagon. In 1973, Fire . Fighters were trained and certified as Emergency Medical Technicians (EMT), a first response level. At that time, aid cars were used for transports to Stevens Hospital as well as medical facilities in Seattle. In 1979, the Medic 7 Program began with one paramedic .vehicle, staffed 24 hours a day and two paramedics, based at Stevens Hospital. At that time, the tiered response, Basic Life Support (BLS) and Advance Life Support (ALS), also began and continues today. In November 1979, the first 6 -year EMS levy ($0.25/$1,000 assessed valuation) was passed in Edmonds with 83% approval. In 1985, a second 6 -year EMS levy was passed. In 1990, the Washington State Legislature raised the cap to $0.50/$1,0.00; Edmonds was levying $0.25/$1,000 at that time. In 1991, a third 6 -year EMS levy failed; however, the Council maintained EMS service via alternative funding until a $0.41/$1,000 EMS levy was passed in 1992 with a 94% approval. Edmonds City Council action capped the levy at $0.45/$1,000. In 1993, a second half-time paramedic vehicle with two paramedics was established. In 1996, South Snohomish County Fire District 1 announced their plans to withdraw from the Medic 7 program at the beginning of 1997. In 1997, Fire District 1 maintained a partial service area for Medic 7 response and a one year funding adjustment was made. Also in 1997, a fee for Medic 7 transport was established by the Medic 7 Board. Further, the Paramedic Mutual Aid agreement was enacted, and a contract for Edmonds Fire Department to provide paramedic services to the unincorporated Esperance area was established. Edmonds City Council Approved Minutes April 29, 1997 Page 2 Chief Springer displayed and described a chart illustrating total alarms, aid calls, percent of aid calls to total alarms, and medic calls for the years 1985 to present. He pointed out approximately 75% of the current emergency responses are EMS. Council President Earling observed the agreement with Fire District 1 includes their participation for one year and asked whether they would be obligated to participate further. Chief Springer answered no, it was a one year agreement, although the contract forr service in the Esperance area would continue. Chief Springer displayed a map identifying Snohomish County Fire District 11, the areas in Fire District 1 where Edmonds would provide service for one year, the Esperance area, and areas participating in Medic 7. Observing 75% of responses are EMS, Councilmember Miller asked what impact this has had on the Fire Department's volunteer program. Chief Springer explained all Fire Departments participating in Medic 7 have volunteers, noting at one time they were entirely volunteer. As the demand for service increased, the need for full-time fire fighters decreased the volunteers' activity levels. Further, mandatory certification and training have not allowed volunteers to maintain the necessary certification; as a result, volunteers have lower certification levels than on -duty career members. Fewer volunteers and less qualified volunteers have resulted in the Fire Departments' reliance on neighboring jurisdictions—mutual and automatic aid agreements. Tom Foster, Fire District 1/11 Fire Marshall, explained South Snohomish County was visionary in forming an ALS unit in the community. The problem as it exists today is very complex but has its roots in the Growth Management Act and Regional Services Act. He noted the cost of providing services increases, while federal, state and local funds decrease. In January 1997, Fire District 1 formalized a relationship with Fire District 11 following the establishment of a 20 -year agreement with the City of Edmonds to address growth and annexation issues. He stressed the consolidation of fire districts was a business decision; consolidation had been discussed with the City of Lynnwood but was not agreeable to its Council. Fire District 1's withdrawal from Medic 7 (because Fire District 11 had fire -based paramedics) created a significant budgetary event although Fire District 1/1 l's continued partial participation due to its belief in interagency cooperation contributed approximately $250,000 to the program. Fire Marshall Foster explained fee-for-service is not a new concept; Fire District 11 has charged fees for transport since 1982. Within western Washington, funding of basic and advance life support units is addressed in many different ways. A study regarding EMS and funding of BLS and ALS, done prior to the merger of Fire District 1 and 11, revealed 17 of the 20 agencies surveyed utilize an EMS levy and over 60% of the agencies utilize a transport fee of some type. Fire District 1/11 currently charges a transport fee as allowed by RCW 51.12.131 ("Any Ere protection district which provides emergency medical services may by resolution establish and collect reasonable charges for these services in order to reimburse the district for its costs of providing emergency medical services.") He explained Fire District 11 has operated using an excess levy, an EMS levy, and a fee-for_service or combinations of these. Fees charged by the Fire District are less than private ambulances, which are not tax supported. He noted 95% of the transport fees received were from Department of Social and Health Services (DSHS), private insurance carriers, and Medicare and Medicaid. Individuals covered by Medicare pay a maximum of $24.14 per transport, DSHS does not charge clients for transport fees. He noted two of the ten assumptions reached by a national blue ribbon subcommittee (who published "The EMS Agenda for the Edmonds City Council Approved Minutes April 29, 1997 Page 3 Future) were 1) the public would continue to expect EMS as a standard, valuable community resource, and 2) public policy makers must be well informed about EMS issues in order to make good decisions. Councilmember Haakenson asked when Fire District 1/11 would make their intentions for 1998 known. Fire Marshall Foster advised as soon as the Board of Fire Commissioners had the necessary information to make a decision within the mandatory timelines, the Medic 7 Board would be notified. Pat Cordova, Mountlake Terrace Councilmember and current Medic 7 Chair, advised a letter was sent to all jurisdictions, including Fire District 1/11, requesting they bring documentation to the June meeting indicating their future plans. Tom Petruzzi, former Edmonds City Councilmember and former Medic 7 Boardmember, explained the total 1996 Medic 7 budget was $1,314,978—the City of Edmonds' contribution was $299,146 and Fire District 1's contribution was $473,000. Fire District 1's announcement that it planned to withdraw from Medic 7 completely would have increased Edmonds' contribution to $499,000 and Mountlake Terrace's contribution would have increased from $161,000 to $243,000. He stressed the Board was faced with absorbing approximately $'/2 million in funding if Fire District 1 withdrew. Options considered included, 1) absorbing the increase from the general fund, 2) re -configuring the way services were provided as Fire District 1/11 had done, 3) reducing the level of service by eliminating the second 12 hour response vehicle, 4) seeking alternative revenues, and 5) convincing Fire District 1/11 to remain as a member of Medic 7. Mr. Petruzzi explained increasing the Edmonds EMS levy from $0.41 to $0.45 would not cover the increase; a shortfall of $80,000 - $100,000 would still exist. Further, the City was facing a $1 million projected shortfall in revenues and was already subsidizing BLS service. Mountlake Terrace also indicated their utility tax (used to fund ALS) would not cover their shortfall. There was a great deal of resistance from paramedics regarding re -configuring the way services were provided as well as with reducing the level of service by eliminating the second 12 hour response vehicle. Further, established union contracts had to be considered. Seeking alternative revenues appeared to be the best approach. Although the Medic 7 Board does not have taxing authority, it can implement user fees to cover escalating costs of the program—not an unlawful process as indicated by some citizens. As a result of the Medic 7 Board's extensive discussions with its attorneys, an October 2, 1996 letter from Ogden, Murphy, Wallace indicated the Board was authorized to seek or establish additional revenue sources such as grant money, or programs such as transport fees, to enhance revenue support. Due to questions from the public, further analysis was done and an opinion issued by City Attorney Snyder (as stated in a November 7, 1996 letter) indicated that there was no legal impediment to the City Council's exercise of its legislative discretion to cover shortfalls in Medic 7 program by the use of general revenue funds by an appropriate user fee or by sending to the voters an increase in the EMS levy. The knowledge that Fire District 1/11 had implemented transport fees as well as fees assessed by many other jurisdictions lead the Medic 7 Board to form a task force to establish user transport fees to help fund the Medic 7 program. Mr. Petruzzi explained insurance carriers provide coverage for transports, yet in the past taxpayers funded transport. He stressed those who could not afford to pay, those without insurance, would not be forced to pay and no one would be denied transport services. Connie Fessler, Mountlake Terrace City Manager and Chair of the Medic 7 Transport Fee Taskforce, explained the task force, made up of representatives from the three major cities in Medic 7, projected the Medic 7 budget five years to 2001 in order to consider the long-range situation without Edmonds City Council Approved Minutes April 29, 1997 Page 4 transport fees. She pointed out Edmonds' contribution, without Fire District 1 and without transport fee, would increase 83% over the five year period with a contribution of $548,000 in 2001 (compared to Edmond's contribution in 1996 of $299,000). The task force also estimated there would be a 39% increase in number of transports during the five year period due to growth in South Snohomish County, aging of the population, increased use of EMS, etc. Due to concern with increasing property taxes and the relationship between who pays and who benefits, the task force looked at a transport fee at the direction of the Medic 7 Board. Research of dispatches compared with ALS response and transports in 1996 revealed Medic 7 was dispatched to 73% of calls and transported 31%. Trending indicated Medic 7 response would result in transport of 34%; therefore, 34% of the budget needed to be recovered through transport fees. Ms. Fessler explained a $351 transport fee for 1997 was determined by dividing the amount needed to be recovered in 1997 ($412,000) by projected transports. This fee was adjusted by the expectation of an approximate 70% collection rate and the cost of billing, resulting in an adjusted transport fee for 1997 of $476 (increasing slightly each year to a $496 fee in 2001). The Medic 7 Board's review indicated their preference for a fixed fee of a period of time, and a transport fee of $400 over the five year period was considered. This resulted in a decreased amount of transport revenue (in 1997 decreased from $412,000 to $305,000); therefore member jurisdictions' contributions would need to be increased. Ms. Fessler described the billing and collection process, handled by Meda Account Services, who bills directly to insurance carriers and Medicare. If an individual does not have insurance, two bills are sent, followed by a letter; if there is no payment, the matter is turned over to the Medic 7 Board. Following its review, the Medic 7 Board approved a $400 transport fee that began on January 1, 1997. In August 1997 the transport fee revenue collection will be reviewed to determine whether the projections were accurate. When the fee was established, the Medic 7 Board agreed each member jurisdiction would be required to contribute additional funds if the revenue generated by transport fee recovery was not adequate. If revenues exceed projections (if transport or collection rates were higher than projected), the Medic 7 Board could apply the additional funds to the next year thereby reducing each jurisdiction's contributions or increase the budget. Councilmember Miller commented transport fees were paid to Medic 7 and not member jurisdictions. He asked if the Board had considered the effect of District 1/11's complete withdrawal in 1998. Ms. Fessler explained the figures she described assumed District 1/11 was not a participant in 1998, other than in the Esperance area. Ms. Cordova explained the first reaction was to decrease service when Fire District 1 announced its plan to withdraw from Medic 7, but this was not what the community wanted. Therefore, a choice was made to consider a fee for transport. She stressed citizens should not hesitate to call 911 or worry about paying the transport fee the service would be provided regardless of ability to pay. She pointed out the Medic 7 service provided is one of the best in the Puget Sound area. As Chair of the Medic 7 Board and a Councilmember in Mountlake Terrace, she stressed there was no other responsible decision to be made except to charge transport fees. Councilmember Myers reported a citizen felt so strongly about this issue that he planned to tell his insurance carrier not to pay for transport. Ms. Cordova questioned why a citizen would prefer the City .paid for transport rather than the insurance carrier. She noted the insurance premium pays for the transport service benefit. Edmonds City Council Approved Minutes April 29, 1997 Page 5 Council President Earling remarked the transport fee program was a work -in -progress and some appropriate adjustments may be necessary in the budget for 1998; however, there appeared to be a strong commitment to maintain the Medic 7 service. He reported a cardiologist from Stevens Hospital attending a Rotary Club meeting, explained the reason Snohomish County had among the lowest cardiac deaths in the State was due to the quality of response—a compliment to the Medic 7 service provided. He stressed the Edmonds City Council had committed to picking up the transport fee for anyone unable to pay—"the service is there, everyone should call." Administrative Services Director Art Housler described the financial difficulties experienced by the City of Edmonds in 1996, including the need to increase the EMS property tax levy. Although it has been Council's desire to fund EMS with the EMS levy, in 1996 the Council learned it could not absorb costs not covered by the EMS levy due to decreased State Shared Revenue. In 1997, the EMS property tax levy was increased to the maximum voted on by the public in March 1992 ($0.45/$1,000). He displayed the 1997 EMS budget, explaining the total cost of EMS was $1,357,260 which included EMS Administration, training, equipment, overhead costs, future vehicle replacement, debt service on Fire Station #10, 911 dispatch (SnoCom), and Medic 7. The EMS levy provides funding of $1,188,700 and the difference is funded by the General Fund. Councilmember Miller asked how long the EMS funding formula had been in place. Mr. Housler advised this formula had been in place since 1992. Councilmember Miller asked if this information was audited each year by the State Auditor. Mr. Housler answered the State Auditor audits the City each year; the City also received a national award for budget reporting formats. City Attorney Scott Snyder referred to the legal opinions he provided the Council in October and November, 1996, stating he was asked to research concerns expressed by citizens that the City had, by indicating the EMS levy, made a commitment to its citizens that it could not legally fund this from other revenue sources. His research relied in part upon the legislative findings made by the Council when enacting the EMS levy (Ordinance No. 2861); the Council found there was an emergency situation requiring the need for EMS levy funds and pointed out it was impossible at that time to calculate the exact cost of providing the service. In order to ensure a constant source of funds to provide this service, the City would enact a levy but "the level of funding needed to adequately provide emergency medical care and services to the citizens of the City of Edmonds for each of the six consecutive years cannot be precisely determined due to the changing economic needs and demands for the City." He clarified when the EMS levy was passed, the Council knew it was impossible to determine the exact cost of the service. He pointed out if the City was required to provide the service solely through the EMS levy and not subsidized through general tax revenues, the only choice would be to continue at that level of funding (which has been shown to be impossible) or abandon the service. Council President Earling noted the current 6 -year EMS levy concludes in 1998; an option at that time would be to consider raising the $0.45/$1,000 to $0.50/$1,000. Further, consideration could be given to working with the Legislature next year to raise the mandated $0.50/$1,000 cap. Mayor Fahey remarked her participation in this process has been a learning experience and felt the Medic 7 Boardmembers made the best, good faith effort to maintain Medic 7 service. Medic 7 participants realize there is a challenge ahead, particularly in view of the possibility of Fire District 1/1 l's complete withdrawal as well as escalating costs that place additional burdens on communities to maintain this service to citizens' expectations. She pointed out increasing the EMS levy to $0.50/$1,000 Edmonds City Council Approved Minutes April 29, 1997 Page 6 would raise only an additional $120,000; shortfalls far exceed this amount and would have been monumental if ALS transport fees had not been established this year. She reiterated BLS service in Edmonds had not changed, in most cases they provide transport, a service for which the City of Edmonds does not charge. She pointed out all property taxes, including the EMS levy, account for 38% of the General Fund; all public safety services (fire, police, and medical) account for 48% of the City's budget—the City is significantly subsidizing all public safety services over the amount paid in property taxes. She and the Council looked forward to working with citizens to develop positive solutions to address this problem as the Council wants to maintain the existing service and have it available to all citizens regardless of their ability to pay. Mayor Fahey declared a brief recess. 4. MAYOR Mayor Fahey had no report. ]5. COUNCIL Councilmember Haakenson advised he recently participated in an EMS seminar at the courthouse. The message at this seminar was, "external forces are driving change in EMS services today that we do not have control over". He reiterated his invitation for citizens to contact him regarding their concerns with EMS services. On behalf of the Council and Mayor Fahey, Councilmember Nordquist expressed his sympathy to the Beck family for the loss of John Beck during the past week. He explained Mr. Beck was an Edmonds citizen as well as a businessman in the community and a State Legislator at one time—a well respected member of the community. He expressed his appreciation'to the Beck family for Mr. Beck's contribution to the community. He expressed his respect, thoughts, and prayers to the family, noting Mr. Beck's memory will live on for many years. Mayor Fahey announced a memorial service for Mr. Beck would be held at Holy Rosary Church at 7:30 p.m. on Thursday, May 1 and the funeral at 1:00 p.m. on Friday; City flags would be flown at half mast. On behalf of City staff and herself, she expressed condolences to the entire Beck family. 6. EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER The Council recessed to Executive Session at 8:50 for discussion of a real estate matter for approximately 20 minutes. The meeting was adjourned immediately following the conclusion of the Executive Session at 9:12 p.m. BARBARA S. FAHEY, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes April 29, 1997 Page 7 AGENDA x , EDMONDS CITY COUNCIL ,Rt,S3V Tw,M - Library Building MeetingRoom 650 Main Street 7:00 -10:00 p.m. APRIL 29, 1997 SPECIAL WORK MEETING 7:00 P.M. - CALL TO ORDER FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 22, 1997 (C) APPROVAL OF CLAIM WARRANTS #15181 THRU #17100 FOR THE WEEK OF APRIL 21, 1997, IN THE AMOUNT OF $90,810.44 (D) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING A CLOSED RECORD APPEAL HELD ON MARCH 25, 1997, ON THE DECISION BY THE ARCHITECTURAL DESIGN BOARD TO APPROVE AN APPLICATION BY THE PORT OF EDMONDS TO ALLOW THE CONSTRUCTION OF NEW COVERED MOORAGE STRUCTURES AND FLOATS TO REPLACE DAMAGED STRUCTURES IN THE PORT MARINA WHICH IS GENERALLY LOCATED AT 336 ADMIRAL WAY (Appellant: Robert Van Citters Jr. & Roy NcCorchuck / Applicant: Port of Edmonds. File Nos. ADB -97-6 and AP -97-15) 3. (90 Min.) WORKSHOP - EMERGENCY MEDICAL SERVICES (EMS) 4. (5 Min.) MAYOR 5. (15 Min.) COUNCIL 6. (20 Min.) EXECUTIVE SESSION REGARDING ARE AL ESTATE MATTER 'arking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for specia accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears the following Wednesday Friday and Monday at noon on Channel 32.