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HomeMy Public PortalAbout05-16-2011PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MAY 16, 2011 The Common Council of the City of Richmond, Indiana met in regular session May 16, 2011 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR PAPPIN President Pappin called the meeting to order and the following business was conducted: ROLL CALL Councilors present were Howard `Jack" Elstro, Kelley Cruse - Nicholson, Bruce Wissel, Clay Miller, Bing Welch, Larry Parker, Robert Goodwin, Diana Pappin and Phil Quinn. Also present were: Jerry Purcell & Mike Crawley, Richmond Fire Department; Denise Bullock, Ron Oler; Blair Beach, Department of Parks & Recreation; Kris Wolski, Richmond Police Department; Linda Wolski; Tammy Glenn, City Controller, Tony Foster, Director of Metropolitan Development; Kim Vessels, Assistant City Attomey; Watt Chidester, City Attomey; Sally Hutton, Mayor and Monica Bums, Deputy City Deputy Clerk. APPROVAL OF MINUTES Mr. vessel moved to approve the minutes of the meeting of May 2, 2011, supported by Mr. Parker. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS None COMMUNICATION FROM THE MAYOR • Citizens are asked to be patient about tall grass and weeds. Crews are cutting as quickly as possible. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the April 26 & May 5, 2011, meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and/or ORGANIZATIONS • 2012 Budget Meetings: Committee of the Whole — August 22, 23 & 24, 2011 — 6:00 PM Budget Adoption — September 29, 2011 — 6:00 PM Common CouncN Minutes May 16, 2011 Page 2 of 9 MISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 26 & 27 -2011 on first reading by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. ORDINANCE NO. 26-2011 — AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE DONATIONS (Park Department) The Deputy Clerk read Ordinance No. 26 -2011 on first reading by title only. Presented by Ms. Beach, this Ordinance would authorize the Department of Parks and Recreation to accept donations to be used for 2011 programs. Mr. Welch moved to advance Ordinance No. 26 -2011 to second reading and to suspend the rules and read by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. The Deputy Clerk read Ordinance No. 26 -2011 on second reading by title only. Council President Pappin declared Ordinance No. 26 -2011 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 26- 2011, supported by Mr. Welch. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 26 -2011 to thins and final reading and suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Deputy Clerk read Ordinance No. 26 -2011 on third reading by title only. Ordinance No. 26 -2011 was adopted with a 9-0 roll call vote. ORDINANCE NO. 27 2011 —A SPECIAL ORDINANCE VACATING A PUBLIC STREET (NW 7"' Street) The Deputy Clerk read Ordinance No. 27 -2011 on first reading by title only. Presented by Mr. Foster, this Ordinance is a petition to vacate a portion of the public way (NW 7t' Street) running north and south east of Johns Manville and south of the Penn - Central Railroad line. Johns Manville owns both sides of the public way and the vacation will allow them to better secure and utilize their property. Ordinance No. 27 -2011 was referred to the Richmond Advisory Plan commission for public hearing at its meeting on Thursday, May 26, 2011. ORDINANCES ON SECOND READING ORDINANCE NO. 13 -2011 — A GENERAL ORDINANCE AMENDING RICHMOND CITY CODE CHAPTER 80 (RICHMOND FIRE DEPARTMENT RESPONSES TO EMERGENCY MEDICAL CALLS) The Deputy Clerk read Ordinance No. 13 -2011 on second reading by tale only. This Ordinance would amend Chapter 80 of the Richmond City Code dealing with costs that may be recouped by the Richmond Fire Department for emergency medical responses. Mr. Miller moved to amend by adding Section 80.13 as follows: Common Coundl Minutes May 16, 2011 Page 3 of 9 Pursuant to IC 18.31- 5- 1 -3(a), the City shall not refuse consent to the Wayne County Commissioners or their duly appointed agent or body to authorize franchise or contract for emergency medical services provided within the City by any person without having fist received prior approval from Common Council. Further, the City or any department, thereof, shall operate, authorized franchise emergency medical services provided within the City to the exclusion of any other person without receiving prior approval from Common Council. Mr. vessel supported this motion. The motion failed with a 3-6 roll call vote. Dissenting were Councilors Elstro, Cruse - Nicholson, Welch, Parker, Goodwin and Pappin. Mr. Welch moved to amend Ordinance No. 13 -2011 to reflect the following changes: Section 80.03 APPLICABILITY: This Chapter shall apply to all persons or organizations who receive services from ambulance responders of the City of Richmond fire Department, and shall apply to any Responsible Party as defined by this Chapter. Section 80.04 DEFINITIONS: For the purposes of this Chapter the following definitions shall apply. Any term in this Chapter not defined below shall take on its common or dictionary meaning. (a) Advanced Life Support ('ALSJ is defined as cane that is given: (1) at the scene of (A) an accident; (B) an act of terrorism, if the governor has declared a disaster emergency in response to the act of terrorism; or (C) an illness, (2) during transport; or (3) at a hospital; by a paramedic or an emergency medical technician - intermediate during an emergency ambulance response by the Richmond Fire Department and that is more advanced than the care usually provided by an emergency medical technician or an emergency medical technician -basic advanced. The term may include any of the lbllowing: (1) Defibrillation. (2) Endotracheal intubation. (3) Parenteral injections of appropriate medications (4) Electrocardiogram int+erl"tation. The above definition of Advanced Life Support °ALS" is based on the definition of "Advanced Life SupporF under Indiana Code 18- 18 -2 -7. For the purposes of this Chapter and Ordinance, the terms `ALS -Y' and `ALS -2" as those terms are used in Section 80.07 (Ambulance Response Fees), are terms of art used on a case -by -case basis by the medical industry and/or medical insurance industry that refer to the specific medication protocols and/or specific medical procedure protocols required by the local medical control officer, which protocols are subsequently reported to an attending physician and/or reported to an insurance provider in order that the appropriate flees can be charged for the medication and/or services used by the medical responder. (b) Ambulance is defined as a conveyance on: (1) land; (2) water, or (3) air; Common Council Minutes May 1B, 2011 Page 4 of 9 that is used or is Intended to be used for the purpose of responding to emergency Nle- thueatening situations and providing emergency transportation service. (c) Basic Line Support (`BLS') is defined as the foilowing: (1) Assessment of emergency patients. (2) Administration of oxygen. (3) Use of mechanical breathing devices. (4) Application of anti -shock trousers. (5) Performance of cardiopulmonary resuscitation. (6) Application of dressings and bandage materials. (7) Applkation of splinting and immobilization devices. (8) Use of Idling and moving devices to ensure safe transport. (9) Administration by an emergency medical technician or emergency medical technician basic advanced of epinephrine through an auto - injector. (10) For an emergency medical technician -basic advanced, the following. (A) ElecftcardMysm interpretation. (B) Manual external defibrillation. (C) Intravenous fluid therapy. (11) Other procedures authorized by the Indiana emergency medical services commission, including procedures contained in the revised national emergency medical technician basic training curriculum guide. Except as provided by: subsection (a)(9) and the training and certification standards established under IC 16- 31- 2 -9(3); subsection (a)(10)(C); and the training standards established under IC 16- 31- 2 -9(4); the term does not include invasive medical care techniques or advanced Ihfe support (d) Emergency Medfcal Technician ('"EMT') is defined as follows: (1) An individual who is certified under Indiana Code 16-31 to provide basic life support at the scene of an accident, illness, or during transport; or (2) An individual who is oertilied under Indiana Code 16-31 who can perform at least one (1) of but not all the procedures of a paramedic and who: (1) has completed a prescribed course in advanced life support, (2) has been certified by the Indiana emergency medical services commission; (3) Is associated with a single supervising hospital, and (4) is affiliated with a provider organization. (e) First Responder is defined as an individual who is: (1) certified under 1C 1"I and who meets the Indiana emergency medical services commission's standards for fast responder certification, and (2) the first individual to respond to an incident requiring emergency medical services. (t) Non - resident is defined as a person whose primary residence at the time of the service or response is outside the corporate boundaries of the City of Richmond, Indiana. (g) Non - transport patient is defined as a patient with a minor medical condition who does not require transportation to a hospital or who, because of the non- severity of his or her medical conddion, refuses transportation to a hospital. The final determination of the severity or non - severity of the medical condition is within the discretion of the treating ofiPcer. (h) Paramedic for purposes of this Chapter is defined as an individual who is. (1) affiliated with a certified paramedic organization, (2) employed by a sponsoring hospital approved by the commission; or (3) employed by a supervising hospital with a contract for inservice education with a Common Council Minutes May 16, 2011 page 5 of 9 sponsoring hospdal approved by the commission, and who has completed a prescribed course in advanced life support and has been certified by the Indiana emergency medical services commission. (i) Patient run occurrence is defined as a response to a medical emergency call by a Fine Department ambulance or emergency response vehicle and the administration of basic or advanced life support skills upon, or medication given, to a patient. U) Resident is defined as a person whose primary residence at the time of the service or response is within the corporate boundaries of the City of Richmond. (k) Response or respond is defined as the deployment or mobilization of the Richmond Fire Department ambulance to emergency medical calls, or any calls of an emergency nature directed to the Richmond Fire Department, to the scene of the accident, illness, event, or occurrence in which medical injuries may have occurred. (1) Responsible Party is defined as: (1) the person being treated or attended to during a medical response by the Richmond Fire Department ambulance and personnel; or (2) the liable insurance company or medical insurance provider of the person who was treated or attended to during a medical response by the Richmond Fine Department ambulance and personnel, or (3) the individual dkeWy or indirectly responsible for a person being treated or attended to during a medical response by the Richmond Fire Department ambulance and personnel, or (4) the Insurance company or medical insurance provider for the individual directly or indirectly responsible for a person being treated or attended to during a medical response by the Richmond Fine Department ambulance and personnel; or (5) The legal representative of a deceased party or the legal guardian of an incapacitated or minor party, which deceased party, incapecitated party, or minor party was treated or attended to during a medical response by the Richmond Fire Department ambulance and personnel. (m) Service is defined as any necessary action conducted by the Richmond Fire Department during an ambulance medical response including, but not limited to, medical treatment, medical services, basic fife support, advanced iifie support, dispensing of medication, patient handling, transportation, equipment operation and utilization, and any and all other services required to provide the assistance necessary for the medical injury response. (n) Transport patient is defined as a patient who, because of the severity of his or her medical condfflon, requires ftensponVion to a hospital. The final determination of the severity or non- severity of the medical condition is within the discretion of the treating off Section 80.07 AMBULANCE RESPONSE FEES: The fees for ambulance response services shall be in accordance with the medical- insurance industry standards which may fluctuate from time to time and shall not exceed that which is usual, customary, and reasonable for costs of the services rendered. Response: Basic Life Support (BLS) Advanced Life Support (ALS -1) Advanced We Support (ALS -2) Fees Per Loaded Mile 80.08 REPLACEMENT COST FEES: Delete Fees: Five Hundred Dollars ($500) Six Hundred Dollars ($600) Seven Hundred Dollars ($700) Twelve Dollars ($12) Common Counci Minutes May 16, 2011 Page 6 of 9 80.09 INCIDENTAL FEES: Delete 80.10 Renumbered 80.08 BILLING PROCEDURES: The fees set forth in this Chapter will be charged to and billed to responsible parties within thirty (30) days of the rendering of services. In the event a responsible party or user provides proof of duplicate billing from a private emergency responder company dispatched to the same accident or incident, the portions of the invoice sent by the Richmond Fire Department representing the duplicate services shall be retracted. Charges will be due and payable sixty (60) days after the date services are rendered. Unpaid charges are subject to collection action by the City 80.11 Renumbered 80.09 DISPOSITION OF FUNDS: 80.12 Renumbered 80.10 REVIEW OF FEES AND PROCEDURES. In order to remain in compliance with the authority granted by Indiana Code 16-31 -5 as set forth in Section 80.02 above, the fees set forth by the medical insurance industry standards as compared with the fees actually imposed by this Chapter and Ordinance will be reviewed no less than annually by the Chief of the Richmond Fire Department. In the event the Chief determines there is a need to update the fees set forBt in this Chapter and Ordinance, the Chief shall report his findings to the Common Council of the City of Richmond in order for Common Council to determine if adjustments should be made to assure that charges remain reasonable in relation to the cost of providing the services set out herein. It shall be the obligation of the Richmond Fire Department to provide the Common Council with data sufficient to support the amount of the charges. Add Section 80.11 UNCONSTITUTIONALITY CLAUSE.' Should any section, paragraph, sentence, clause or phrase of this Chapter be properly declared unconstitutional or invalid for any reason, the remainder of said Chapter shall not be affected thereby. Section 80.13 renumbered 80.12 EFFECTIVE DATE Mr. Miller supported the motion. The amendment was adopted with an 8-1 roll call vote. Dissenting was Mr. Parker. Council President Pappin declared Ordinance No. 13 -2011 as amended on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Elstro moved for engrossment of Ordinance No. 13 -2011 as amended, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Welch moved to advance Ordinance No. 13 -2011 as amended to third and final reading and suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 13 -2011 as amended on third reading by title only. Ordinance No. 13 -2011 as amended was adopted with a 9-0 roll call vote ORDINANCE NO. 14 -2011 — A GENERAL ORDINANCE CREATING RICHMOND CITY CODE CHAPTER 81 (RICHMOND FIRE DEPARTMENT RESPONSES TO MOTOR - VEHICLE ACCIDENTS) The Deputy Clerk read Ordinance No. 14 -2011 on second reading by title only. Common Council Minutes May 16, 2011 Page 7 of 9 This Ordinance would create Chapter 81 of the Richmond City Code dealing with non - medical costs that may be recouped by the Richmond Fire Department for services when responding to motor - vehicle accidents. Mr. Miller moved to amend Ordinance No. 14 -2011 as follows: 81.07 RESPONSE FEES TO MOTOR - VEHICLE ACCIDENTS The flees for response services for motor - vehicle accidents or collisions by the Richmond Fire Department shall be in accordance with motor - vehicle insurance industry standards which may fluctuate from time to time and shall not exceed that which is usual, customary, and reasonable for costs of the services Response fees are as follows: Level 1 fee Scene Safety $30 lnve $30 TrafiSc Control $30 Battery Disc $40 Hybrid Vehicle $75 Veh. Stabilization $40 Level 2 Fee Scene Clean U $60 Absorbant $10 Hose Lines $15 Discharge Line $15 Wafter Su $14 Exti wisher $25 Level 3 Fee Ex6fcation $400 Level 4 Fee Landing Zone $300 HazMat Fee Foam $25 Absorbant $10 Emulsifiers $25 Personnel Fee Fine er $32 Driver $38 Lieutenant $43 Captain $50 Batt chief $58 Common Council Minutes May 16, 2011 Page 8 of 9 Asst. Chief $58 Chief $67 Apparatus Fee Rescue Truck $85 Ladder Truck $76 Pumper Titx k $62 Heavy Rescue $100 Foam Truck $52 Officer's Car $15 Chiefs Car 515 81.06 BILLING PROCEDURES The fees set lath in this Chapter will be charged to and billed to responsible parties within thirty (30) days of die rendering of services. Charges will be due and payable sixty (60) days after the date services are rendered. Unpaid charges are subject to collection action by the City. 81.10 REVIEW OF FEES AND PROCEDURES in order to remain in compliance with the authority granted by Indiana Code (IC) 36-9 -3 (Home Rule) as set forth in Section 80.02 above, the fees set forth by the motor- vehicie insurance industry standards as compared with the fees actually imposed in accordance with this Chapter and Ordinance will be reviewed no less than annually by the Chief of the Richmond Fine Department. In the event the Chief determines there is a need to update the flees set brth in this Chapter and Ordinance, the Chief shall report his A-x* gs to the Common Council of the City of Richmond in order for the Common Council to determine if adjustments should be made to assure that charges remain reasonable in relation to the cost of providing the services set out herein. It shall be the obligation of the Richmond Fine Department to provide the Common Council with data sufi5cient to support the amount of the charges, This motion was supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Parker moved to amend Section 81.07; Level 3- Extrication to state no charge thr Richmond residents, supported by Mr. Goodwin. The motion failed with a 2 -7 roll call vote. Dissenting were Councilors Elstro, Miller, Welch, Wissel, Cruse - Nicholson and Pappin. Council President Pappin declared Ordinance No. 14-2011 as amended on second reading and public hearing. There being no comments for or against the Ordinance, Ms. Cruse - Nicholson moved for engrossment of Ordinance No. 14 -2011 as amended, supported by Mr. Welch. Upon a vote viva voce, the motion passed. Mr. Welch moved to advance Ordinance No. 14 -2011 as amended to thins and final reading and suspend the rules and read by title only, supported by Mr. Parker. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 14 -2011 as amended on third reading by title only. Ordinance No. 14 -2011 as amended was adopted with a 9-0 roll call vote ORDINANCE NO. 23-2011 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM MEDIUM DENSITY SINGLE - FAMILY RESIDENTIAL (R2) DISTRICT TO GENERAL COMMERCIAL (GC) DISTRICT (3955 US 27N) The Deputy Clerk read Ordinance No. 23 -2011 on second reading by title only. • Common Councd Minutes May 16, 2011 Page 9 of 9 This Ordinance is a petition to rezoning the property at 3955 US 27 North from Medium Density Single - family Residential District to General Commercial District. The owner desires to use the residential structure on the site as a Medical Service Office. The Plan Commission heard this request at the April 28, 2011 meeting and voted unanimously to recommend approval of the rezoning with the following amendment: The eastern 190 feet of the property (due north of loft 16 and 17 Fair Acres Subdivison) would remain Medium Density Single Family Residential (R-2) District. Council President Pappin declared Ordinance No. 23 -2011 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Parker moved for engrossment of Ordinance No. 23 -2011, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Parker moved to advance Ordinance No. 23 -2011 to third and final reading and suspend the rules and read by title only, supported by Mr. Welch. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 23 -2011 on thins reading by title only. Ordinance No. 23 -2011 was adopted with a 9-0 roll call vote ORDINANCES ON THIRD READING None CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned. Diana Pappin, Pre ident ATT Karen Chasteen, IAMC, MMC City Deputy Clerk A recording of this meeting is on file in the City Deputy Cleric's Office.