City Council Minutes

Thursday, November 13,2014



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 13, 2014, 4:00 P.M.
ADMINISTRATIVE CONFERENCE ROOM


PRESENT:
Mayor Jon Pike
Councilmember Gil Almquist
Councilmember Jimmie Hughes
Councilmember Michele Randall
Councilmember Joe Bowcutt
Councilmember Bette Arial
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Christina Fernandez

OPENING:
Mayor Pike called the meeting to order and welcomed all in attendance. The Pledge of Allegiance to the Flag was led by Dylan Alexander, and the invocation was offered by President Reed Noble with the St. George Stake.

Dylan Alexander, a student, thanked Mayor Pike and the Councilmembers for their time. He is learning about the birth of our nation as well as the Constitution and the branches of government. He asked what the Councilmembers view as the role of federal, state and local governments in protecting the citizens and upholding the Constitution.

Councilmember Almquist stated that the duties of federal laws are based on the Constitution. He mentioned a website that outlines the duties of the federal government, some of which include protection from foreign invasion and to regulate interstate commerce which then led to Hamilton’s proposal of a Federal Bank. The responsibility of the Executive Branch for treaties and making sure that foreign countries have specific leaders that we can trust and communicate with.

Councilmember Arial expressed that she personally believes the best government is the one closest to the people. The federal government should be an umbrella and it has encroached on things like printing and publishing. We should hold a respect to the federal government, but they should also respect other the states and the people that live in this nation.

Councilmember Hughes explained that he feels federal should stick with federal, state should stick with state, and local should with local. He believes the states should have more power than they do today. The state government is where more of the power lies.
Councilmember Bowcutt stated that he believes that local government is where the important decisions have to be made daily to protect the rights of the citizens and property owners.

Councilmember Randall commented that local governments want to make sure they protect the citizens through public safety and infrastructure. This is where we live and want to make sure we all can come together and live cohesively.

Councilmember Arial presented Dylan with gift from U.S. Senator Lee, requested by Bill Way, including a flag that was flown over the Capitol Building.

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PRESENTATION FROM VICTIM SERVICES:
Victim Services Coordinator Alissa Urzi explained that they serve crime victims and that not all crime victims need, nor want their help. They offer information, support and options. In 2013, their office served 818 victims of domestic violence. The CDC re was not always an arrest in these cases. She provided statistics on domestic violence in Utah. Also in 2013, the advocates read 7,200 police reports to identify possible victims and assisted 271 clients with orders of protection. Not only do they help the victim deal with the crime, they also assist them with the court process. The crimes they focus on are child physical abuse, child sexual abuse, domestic violence, adult sexual assault, DUI, texting and driving, adult abuse, robberies, and electronic harassment. They also work with survivors of homicide victims.

Police Chief Stratton commented that the focus given to the victims makes a difference. The service provided is invaluable.

FINAL PLAT:
Consider approval of the final plat for the Tuscan Heights Subdivision.

City Manager Gary Esplin advised this item was approved by the Planning Commission; however, there was an issue with getting sign-off’s on the plat.

Assistant Public Works Director Wes Jenkins presented the final plat for the Tuscan Heights, a 21-lot residential subdivision located at the west end of Province Way. The approval will need to be subject to the developer providing annexations documents to the HOA and an updated title report. The issue with the road was that it was on someone else’s property.

MOTION: A motion was made by Councilmember Hughes approve the final plat for the Tuscan Heights Subdivision with the condition that it is annexed into the HOA and that the title report is updated to show the ownership of the access.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PROFESSIONAL SERVICES AGREEMENT:
Consider approval of a professional services agreement with Automation N Controls for the SCADA replacement project at the Wastewater Treatment Plant.

Water Services Director Scott Taylor explained that the Wastewater Treatment is fairly old. The SCADA system is what runs the treatment plant automatically. The system was installed in 1986 and updated in 1991. Staff is in the process of updating the equipment. Currently, the plant is running manually, there is no automation.

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Automation N Controls specializes in old equipment. The agreement will not exceed $48,000. Once completed, this project helps with efficiency. The current budget includes $250,000 for the total project.

MOTION: A motion was made by Councilmember Almquist to approve the expenditure of $48,000 to the professional services agreement with Automation N Controls for the SCADA replacement project for the Wastewater Treatment Plant.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

Mr. Taylor updated the Mayor and Councilmembers on the centrifuge replacement project. He explained that the plant, located in Bloomington, operates seven days a week.

PRESENTATION FROM ENERGY SERVICES ON THE DESERET POWER CONTRACT:
Energy Services Director Phil Solomon advised the contract is in draft form. It may not be what is presented to the Council at the next meeting.

Energy Resource Manager James Van Fleet presented a PowerPoint presentation covering the following topics: Deseret Power Contract Renegotiation; Intermountain Power Project (IPP), Current Contract, Renegotiation; Bonanza Coal Plan (Vernal), Current, Renegotiation; and Contract Cost Comparison.

City Manager Gary Esplin stated that the City has never chased a profit. The City’s power rates are cheaper than most and the goal has been to keep it within the margin of where it is now.

Mr. Solomon explained that the City needs to be fully compliant with the Clean Power Act by 2030.

Mr. Van Fleet advised that he will have Deseret Power prepare the contract and will have it reviewed by the Legal Department.

BUS ROUTE:
Public Works Director Cameron Cutler provided a map outlining options for the proposed bus route. Both of the options are under a 2-minute increase to the regular route. The benefit of route in option 1 is keeping the stop at 900 South 660 East. After driving both routes several times during school hours, he proposes to go with the route in option 1.

The Councilmembers asked Mr. Cutler to begin the new route immediately.


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Mayor Pike called for a five minute recess.

ORDINANCE:
Consider approval of an ordinance amending Title 3, Chapter 2, Article F: Ambulances, setting standards for ambulance services in the City.

City Attorney Shawn Guzman advised the agenda packet included three files. The first is the ordinance with the changes as requested by the Councilmembers, the second, marked “City v6 final redline” with changes beyond what was requested and third is the proposed ordinance and agreement from Gold Cross. He clarified that the agreement was on tonight’s agenda in the event that the Councilmembers wanted to consider it. Additionally, he clarified that the provider is required to have an agreement with the dispatch center for 911 dispatch services. He does not believe the law specifies a time frame for having an agreement; however, it anticipates that the provider will have an agreement in place when they begin providing the service. He reviewed and read the amendments and additions from the previous version. Those changes are as follows:

1. 3-2F-4(A) has been changed to read “the provider shall ensure that their personnel comply with their medical services protocols, while on duty. A current copy of the Ambulance Services Provider’s medical services protocols and any subsequent amendments thereto shall be filed with the city fire chief.”

He advised that this would become effective upon the adopting of the ordinance and continued with the proposed changes as follows:

2. 3-2F-4(B), staff feels there is not a need to specify levels of staffing as the proposed ordinance requires them to staff each ambulance with two (2) paramedics. Additionally, staff requested a change in the language from ICS 200 to ICS 700. This section will read “Each Ambulance scheduled for 911 service to respond to emergency calls, shall be staffed by two (2) paramedics trained and certified in NIMS ICS 100 and ICS 700, and appropriately licensed by the state of Utah.”

Councilmember Bowcutt inquired if an ambulance is requested for transport, can it go out with one person staffed.

City Attorney Shawn Guzman replied that if there were no ambulances available with two paramedics, then the City would invoke the mutual aid agreement and dispatch an adjacent ambulance services with two paramedics. He continued with the proposed changes as follows:

3. 3-2F-6(A) has been changed to read: “All in-service Ambulances shall be equipped with the safety and emergency equipment required for Ambulances by the Utah Department of Health, Bureau of Emergency Medical Services. The city fire department may conduct ambulance inspections for compliance with state safety and emergency equipment requirements upon forty-eight (48) hours notice. The city may remove an Ambulance from service for noncompliance with state requirements”.

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Councilmember Hughes asked why give the provider notice prior to inspection.

Councilmember Arial commented that she would prefer it not list a time.

Councilmember Almquist inquired if the inspection would be for the entire fleet or just the four that were in service. .

City Attorney Shawn Guzman clarified the proposed language states “in-service”, which means at any time an ambulance is available for service, it would be equipped with all of the required equipment.

Fire Chief Robert Stoker stated staff’s concern is that if they observe that the ambulance does not have the required equipment, they would like to inspect those. The inspections were unannounced in the previous drafts. It is not their intention to compromise the provider’s response planning.

City Manager Gary Esplin advised the purpose is to see that the provider has the required equipment. If an ambulance is on a scene and staff notices that they do not have the proper equipment, the provider could be given 48 hours to comply. The intent is to make sure they have the proper equipment on the ambulances.

Steve Urquhart stated that this change was requested by DRMC. He invited the City to inspect Gold Cross ambulances whenever they would like to as they run all of their ambulance with the required equipment.

Councilmember Hughes suggested to strike the 48 hours.

City Attorney Shawn Guzman advised it will read, “The city fire department may conduct ambulance inspections for compliance with state safety and emergency equipment requirements.”, striking “upon forty-eight (48) hours notice”. He continued with the proposed changes as follows:

4. 3-2F-6(C) and 3-2F-6(D), the concern was regarding the scope of the section. Section D was stricken and folded into 3-2F-6(C), which now reads “Maintenance, Safety Inspection: Each Provider shall have a written preventative mechanical maintenance program for Ambulances so as to ensure compliance with Utah Department of Health, Bureau of Emergency Services regulations. Each Provider shall ensure that all Ambulances subject to call or service are mechanically sound and safe to operate at all times. Annual mechanical safety inspections may be performed by the city upon five (5) days notice to providers”.

5. 3-2F-7(B)(3), the word “document” will be replaced with the word “Article”. Additionally with regard to the response time graphic box, in numbers 1 and 2, the word “Department” will be replaced by the word “city”.

6. 3-2F-7(D)(1), the provider pointed out that there is no delay caused by an error of the St. George Dispatch Center ; therefore, the proposal is to add sub paragraph e, which will read “Any delay caused by dispatch error”. The next sentence which reads “Any response time exceptions

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granted by the city shall be in the sole discretion of the city”; therefore, the city determines if there was an error made by the St. George Dispatch Center.


The consensus of the Councilmembers is to add that language.

City Attorney Shawn Guzman continued with the proposed changes as follows:

7. 3-2F-7(E)(2), the word “less” will be replaced by the word “more”.

8. 3-2F-8, language was added that reads “City shall notify Ambulance Services Providers of any complaint or concern received by city from patients or families of patients, oversite agencies, hospitals, emergency department physicians or nurses, other healthcare facilities, fire service agencies, and law enforcement agencies within twenty-four (24) hours”.

9. 3-2F-9, “of contract compliance and achievement” was stricken.

10. 3-2F-9(6), “of contract compliance and achievement” was stricken.

11. 3-2F-11, “Ambulance Services Provider” was changed to “Provider” throughout the entire section. Additionally, in sub paragraph A, the word “section” was replaced by the word “Article”.

He noted that the agenda packet also includes proposed changes to the ordinance as well as a proposed agreement from Gold Cross. He does not believe the agreement will merit discussion as it is not an agreement staff would agree to. If the Council wishes to consider that agreement, he advises they review the agreement first. He does have a proposed agreement which staff has agreed to if the Council would like to review that one.

Councilmember Bowcutt commented that it seems to him that passing the City’s proposed ordinance would invalidate the other two documents in the packet.

City Manager Gary Esplin stated that the agreement that City Attorney Shawn Guzman has would be added to the proposed ordinances that addresses the areas of dispatch and the number of ambulances. He explained that City Attorney Shawn Guzman has met with the provider to draft the agreement.

City Attorney Shawn Guzman advised there is no reference to an agreement in the latest draft ordinance. He has an ordinance that references an agreement which was quickly put together prior to the City Council meeting.

Councilmember Randall stated that she does not want to read through an agreement. When applying for the license, you have to have an agreement with dispatch. She believes that St. George Dispatch is the sole dispatch for everything. She would like to pass the ordinance and move on as it has been a year and a half.

Councilmember Almquist commented that he has read the agreement. If you take the draft ordinance and ask any provider if they agree with the ordinance, they have an

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agreement. He does not see a lot of weighty issues between the ordinance and the agreement.

City Manager Gary Esplin stated it seems to him that the Council is trying to make St. George Dispatch Center the dispatcher for all calls, including transports. How do you have dispatch handle all calls without an agreement? To him, having an agreement that includes transports would be better for the citizens of the City.

City Attorney Shawn Guzman advised the City has the right to adopt an ordinance that covers transports. State law does not cover transports; however it does say that the provider has to have an agreement for 911 calls. He agrees with the City Manager as long as the ordinance states that the provider has to abide by the agreement. Much of the agreement comes straight from the ordinance.

AGREEMENT:
Consider approval of an agreement for dispatch and ambulance services with Gold Cross Services, Inc.

City Attorney Shawn Guzman provided an proposed agreement. The agreement proposed by Gold Cross was changed since dispatch staff could not agree to it. He stated that the public does not have a copy of the proposed changes since Dispatch staff was working with Gold Cross immediately prior to the Council meeting to reach a consensus on the agreement.

Councilmember Arial commented that she would have liked the opportunity to review the agreement prior to the meeting. She asked if dispatch staff has thoroughly looked at it and if they are okay with the agreement.

City Attorney Shawn Guzman replied yes. He apologized for not having the agreement ready sooner; however, it was agreed upon just before tonight’s meeting. He read the draft agreement as proposed by the City after Gold Cross met with dispatch staff.

Councilmember Almquist commented that he believes Gold Cross has come along way to meet the requirements of the draft ordinance. He does not believe there will be many times to justify reducing the number of ambulances. The agreement mirrors what the City Council has been asking for; however, he does not see that the agreement mentions that the provider comply with the other elements of the ordinance.

City Attorney Shawn Guzman stated that he can add language outlining that, but the ordinance would cover that, if adopted.

Councilmember Randall inquired about the language “be responsible to notify dispatch first of any status changes”. She asked why this language was needed.

City Attorney Shawn Guzman advised that language is not needed, he will strike it.

Councilmember Randall commented that she wants to hear from dispatch on how they feel about the agreement.

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Deputy Chief Rich Farnsworth explained that they reviewed the agreement and have had discussions with City Attorney Shawn Guzman. They care about content and are comfortable with the content of the agreement.

Mayor Pike advised that if the Council was comfortable considering the agreement, the ordinance would have to be changed so that it refers to the agreement.

Councilmember Hughes asked if the sections in the ordinance that refers to the
agreement, could a phrase be added that states unless otherwise agreed to in agreement with the provider.

City Attorney Shawn Guzman explained that the ordinance is the law and cannot have language referring to an agreement to do something that conflicts with the law. Much of the language lifted from the ordinance into the agreement, will be stricken from the ordinance. Both documents could have the same language as long as there are no conflicts.

Councilmember Arial inquired about the number of ambulances. The agreement requires Gold Cross to have four ambulances unless they coordinate with the Fire Chief, City Manager, Police Chief and the City Council. She asked who will be providing the data to determine if the number can be reduced.

Councilmember Almquist stated that the St. George Dispatch Center will provide the data.

City Manager Gary Esplin advised that this process provides flexibility. The reduction has to be approved by the City Manager, Fire Chief, Police Chief and the City Council.

Councilmember Hughes commented that he wants to do what is right for the public. When this license was granted, it was based on four ambulances. He is concerned that the number of ambulances can be reduced; however, he is okay if all parties agree.

City Manager Gary Esplin suggested staff compile final versions of the ordinance and agreement and put it on the November 20, 2014 agenda since there were so many versions.

Councilmember Randall asked if the ordinance marked City Agreement is the ordinance that goes with the proposed City agreement. She also asked if the ordinance was the same as what was reviewed earlier, excluding the dispatch issue.

City Attorney Shawn Guzman stated that it is. He can make changes to the ordinance that was reviewed tonight, taking out the portions that apply to dispatch which are included in the agreement.

Councilmember Arial commented that she would like the terms of the agreement spelled out in the ordinance as well.

Councilmember Randall explained that she has been most uncomfortable with the fact that Gold Cross has used two dispatch systems since they have been the provider. She has heard too many complaints. If the agreement is iron clad that they will solely use the St. George Dispatch center, then she is comfortable doing it this way.

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City Manager Gary Esplin stated that the agreement states that every 911 or transport call has to go through the St. George Dispatch Center first. He wants the Mayor and City Council to be sure that staff’s only concern is the residents and the protection of the citizens calling for service. If staff thought the documents would lessen the service, they would not have been proposed.

MOTION: A motion was made by Councilmember Arial to approve the original ordinance as read tonight with the agreement as put together so they do
not conflict because of the recommendation of the City Manager and Police Chief representing Dispatch.
SECOND: The motion was seconded by Councilmember Bowcutt.

Councilmember Hughes asked that the motion be clarified.

City Attorney Shawn Guzman clarified that the approval is of the ordinance with the changes as presented tonight, including the additional changes to address an agreement and striking the portions of dispatch and referring to the agreement presented tonight.

Councilmember Arial agreed.

VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

MOTION: A motion was made by Councilmember Almquist to approve the agreement which has the initial number City 11/13/14 as read tonight with the additional changes that ambulance services provider becomes Gold Cross throughout and other significant changes as read and indicated in the agreement.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman stated that the provider is present. The intent in all of the discussions with them is that St. George Dispatch would be the sole dispatch for these services except those that were outlined tonight in the agreement. This is the reason the Council took the actions they took tonight.

Mike Moffitt with Gold Cross, stated they are in agreement with the agreement and the ordinance. Their commitment is to work with the St. George Dispatch Center to

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provide single dispatch of resources throughout St. George City and the rest of their response area to allow the St. George Dispatch Center to coordinate Gold Cross’s resources with surrounding areas to provide the best responses needed. The St. George Dispatch Center should know where all of their resources are. It is their commitment to work under this agreement and to work with the St. George Dispatch to solve the day to day problems that come up.

Mayor Pike thanked all involved with this process.

REPORT FROM MAYOR, COUNCILMEMBERS AND CITY MANAGER:
Councilmember Hughes mentioned The St. George Housing Authority Board meeting. This year they received 100% on their audit. He read a letter from the Department of Housing and Urban Development.

Councilmember Arial mentioned that the Arts Center needs new restrooms. They will cost approximately $30,000.

Councilmember Randall commented that there is a need to plant trees at the Little Caesars on 700 South.

City Attorney Shawn Guzman stated that he will call Larry Shane to follow up.

Councilmember Almquist stated that he attended the Flood Authority meeting. His other committees have not met recently.

Councilmember Bowcutt commented that the Planning Commission has seen a number of plats. He has received a couple of complaints from citizens regarding Public Works. He contacted Cameron Cutler who took care of the issues.

Mayor Pike thanked the City Council for handling last week’s meeting. He mentioned his trip to Ibigawa.

ADJOURN TO CLOSED SESSION:
MOTION: A motion was made by Councilmember Hughes to discuss current litigation and property sale and purchase.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion was made by Councilmember Almquist adjourn.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a vote, as follows:


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Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.





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Christina Fernandez, City Recorder