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08/04/1997 - Work Study - MinutesPort Orchard, Washington August 4, 1997 Council of the City of Port Orchard, Washington, called to order for a special study session by Mayor Leslie J. Weatherill at 7:30 P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison, Geiger, Powers, Van Zee, and Grable. Staff present: City Engineer Curles, City Treasurer Tompkins, Fire Chief Snow, and City Clerk Parks. Mayor Weatherill opened public meeting by announcing the purpose of this Study Session is to receive Kitsap County Fire District No. 7's response to the Henderson and Young Study and the proposed Fire Protection Agreement between the City and Fire District No. 7. District 7 Fire Chief Brown introduced District personnel in attendance; Commissioners Dave Gelsleichter, Paul Meeker, and Dusty Wiley; staff members Asst. Chief of Operations Gary Faucett, Asst. Chief of Support Services Wayne Senter, Battalion Chief Cliff Wilson, Administrative Assistance Judy Renner, Fire Inspector Craig Haugen, Doug Richards representing District Firefighter Union. Chief Brown stated District has reviewed the Henderson and Young study and concur it substantially supports combining both fire service operations to provide more cost efficient, effective fire service to the citizens and tax payers of the City and the District. Chief Brown offered the following comments to specific details within the Henderson and Young study: Staffing levels shown were 37 paid firefighters and 100 volunteers, accurate staffing levels are 60 paid uniformed personnel with 45 being career firefighters, 36 Resident Volunteer Firefighters and 80 Volunteer Firefighters. Rapid Intervention Team is poorly defined in the report. District does not use a second intervention team as defined in the report. District's intervention team is basically a third team whose purpose is to standby after the second team enters a fire. District has an insurance class rating of 4. District believes that together a class rating of 3 could be achieved with 3 to five years. City owned Advanced Life Saving Service. Report did not address the full cost of a city operated ALS service. Proposal did not accurately reflect the cost of staffing needed, communication costs, a second back up unit along with associated durable supplies. No provision was made for medical supervision. Billing costs were excluded, collection costs were over estimated, while start up costs and annual costs of service were under estimated. Chief Brown addressed the proposed Agreement to Provide Fire Protection, which was drafted by the City. He stated that implementation of this agreement is in everyone's best interest and District believes that complete compliance could be accomplished with sixty days. Chief Brown provided copies of a revised draft Fire Protection agreement and reviewed amendments submitted by the District. August 4, 1997 Page 2 of 6 Page 2. Added sentence to section 2 stating the "Above notification cannot be filed until after at least one (1) full contract year has been completed." Page 2, Section 3. Add ", as here and after described," this is to clarify that the referenced enhanced service levels be those set forth in the agreement to assure Districts ability to comply. Page 3 Section 4(c) revised to read "All City career fire department chief officers and existing clerical positions..." This is to clarify paid career vs. volunteer and existing clerical within the fire department. Page 3 Section 4(e). Last sentence revised to read: "All City volunteer fire fighters and personnel shall be accepted as volunteer fire fighters and personnel for the Fire District and shall receive and be te the same beeefit:rthat such YalunteeFS_pFesently benefits that may be provided to volunteers by the Fire District in its volunteer program. Add new sentence at end of Section 4(e): A one (1) year transition period will be provided. Current City Volunteers must choose at any time within the one (1) year transition period to convert to District benefits. These amendments were offered to clarify no interruption of volunteer benefits would be experienced and that after one-year city volunteers would transition to District Volunteer Program. Original language provided access to both city and district volunteer benefits. Page 4 Section 4(f) revise to read: The Fire District shall maintain at a Fninimum the Gity's an active and trained volunteer resident fire fighter force, during the term of this Agreement. All City volunteer resident fire fighters shall become members of the Fire Districts resident fire fighter program and shall receive and be entitled to the any-addit+ertal benefits that provided to such fire fighters by the Fire District in its volunteer resident fire fighter program. A one (1) year transition period will be provided. Current City employee may choose at any time to convert to District benefit. Page 4, Section 4(g) revise to read: All volunteer firefighters in the City, including those in the resident program, shall be trained by the Fire District at an lFST- Level 1 Fati g with Level 2. at a Washington State Fire Fighter 1 Module 2 level rating with further advanced level training afforded to each, to qualify them to Washington State Fire Fighter 1 Module 3. Additional advancements are available. All members shall maintain this certification through the District CBT Program. Career personnel shall be trained to the level of Washington State Fire Fighter 1 Module 3 and NFPA 1002. ` All members shall maintain this certification through the Districts CBT Program. August 4, 1997 Page 3 of 6 Chief Brown stated the District believes this meets the City's intent and clarified CBT means Competency Based Training. It is also important to clarify career (paid) fire fighter training levels. Page 4, Section 4(i) revise to read: Upon termination of this Agreement, all former City personnel, including paid fire fighters, volunteer fire fighters, and volunteer resident fire fighters who began working for the Fire District at the commencement of this Agreement and all employees who may have been hired by the Fire District to fulfill the terms of this Agreement but were not previously City employees,shall be afforded the option to remain Fire district employees or accept employment with the City if such employment is offered by the city, subject to Civil Service rules and regulations than in effect and resolution satisfactory to the City of any applicable union contractual issues. If the 'District is financially ;unable to _retain all members they will be placed. on an; employment reinstatement list by their employment dates. Page 4 & 5: Minimum City Staffing Levels: District stated draft language confusing and that levels stated in the original proposed agreement are not currently being met and also contradict other section identifying equipment. To clarify language District proposed that the -second paragraph of this section be revised to read: In any event there shall be at least two (2) career firefighters who shall be on duty twenty-four (24) hours a day, three hundred sixty five (365) days a year, at the city's present main fire station at 200 Tremont Street in Port Orchard ("Station 31"). One of these individuals will be a lieutenant and the other a firefighter/EMT. Coverage for these positions will be in accordance with the Fire district's collective bargaining agreement with its bargaining unit members as it relates to working out of classifications. , iR aRy event if at the time of this AgFeement, the Gity's staffing levels exceed these ef the FiFe DiStFiet, the Gity sta - ffiRg levels shall be FnaiRtaiRed by the FiFe DiStFiet. At the time of this AgFeemeRt Statien 31 is Page 5, Section 6. Emergency Response guidelines: District stated that to delineate specific response times for different type of responses would be hard to monitor and assure compliance. Including a minimum property loss ratio would not be a management standard because no one has control over an arsonist. They offered revised language, which would reflect their goal for a five (5) minute response time average. Amended language: EMERGENCY RESPONSE GUIDELINES: The Fire District shall during this Agreement maintain the minimum average emergency response times to all €4R€ incidents of 5 minutes. that exist at the +. of this n„Fe nt to with 4.96 FnffiRutes 0 ef the assessed Yalue all "-^^^'ty iR the Gity. As a condition...... August 4, 1997 Page 4 of 6 Page 5, Section 7(a), line 11: Clarify ... line cost and proportionate Fire Department share of CenCom service contract cost. (District noted CenCom estimates this to be approximate $25,000.) Page 7, section 7(b): Add the following vehicles to the first paragraph: Three (3) Staff Vehicles; One (1) 4 X 4 Brush Truck; and One (1) Antique Community /'Parade Engine. Section 7(b), third paragraph: Add sentence: Recommend retaining at Station '8for implementation of specialty Ladder Company that will support our standardized response. Section 7(c), fourth sentence: revise to read, "..in good operating condition and repair, except for normal wear and tear, as its sole..." Page 8, Section 8 Insurance. District offered the following amendments to clarify insurance coverage and assure the city all deductibles would be the responsibility of the Fire District. Section 8(b Public Liability. revise fourth sentence to read, "...property damage with aR ; and $2,000,000 00 liability coverage Section 8(d) Maximum Deductible revise to read. "The maximum deductible on any such policy of insurance shall be $-0-. Liability -0- deductible. Other' deductibles will be responsibility of District." Page 9, Section 10. District proposed assessed values in agreement reflect 1997 values instead of quoted 1995 values to determine contract costs. A revision of the Breach of Contract provisions was presented because the draft agreement did not address how a breach would be determined. (see attachment "a" - pages 9 & 10 from revised 7/24/97 version of revised draft agreement)' Page 11, Section 11. District proposed adding the following sentence as an amendment to clarify intent that the City contact persons would be available to district commissions not just anybody. The contact person designed by the City shall make himself or herself available to the Fire District and when requested, attend Fire District Commissioner_ Meetings to report to and/or answer and investigate questions posed by the District. Page 11, Section 12. District proposed two revisions to the Review Committee language to equalize representation. 1. Revise second sentence to read: "The Review Committee shall consist of # +e, two(2) City elected officials MaYGF er his deSigRee, twe Gity GeuRGOI FAeFnb selected by the City Council, and the two (2) Fire District' nae-ef commissioners. and ene at rr August 4, 1997 Page 5 of 6 2. Add new sentence: As an alternative, the committee could consist of two elected representative from each entity and their legal advisors. Page 12. District proposed the addition of a new section relative to annexations which reads as follows: 15. ANNEXATION PROVISIONS During the term of this Agreement the District and City shall cooperatively process ;. proposed annexation of District property in the City boundaries. Upon cancellation of this agreement, by either party, all property annexed into the City after January 1, 1997 will be subject to shared revenues for fire and medical services. Example; if the Districts infrastructure provides 50% of fire resources the City would compensate the District 50% of fire tax revenues (or other mutually agreed revenue sharing formula). This will be determined based on our Standardized Response Formula. In the event the City annexes into the Fire District, this provision will become null and void. This will assure standardized fire and medical services to all our citizens indefinitely. Chief Brown noted that by adding this new section the section numbers for the last five sections have changed. Mayor Weatherill called for ten minutes recess with meeting reconvening at 9:15 PM with Fire District Chief Brown continuing review of the Schedule of Services and Schedule of Station 31 Requirement addendum to the proposed Fire Protection Agreement with the following area highlighted: SCHEDULE OF SERVICES: Page 1, Section 2 EMERGENCY OPERATION PLAN: District proposed the following language to combine city and district Emergency Operating Centers. Add new sentence: Combining our Emergency Operating Centers to a single location will assist with deployment of resources and other efficiencies. Page 2, Section 5 FIRE PREVENTION/BUILDING INSPECTIONS: District proposed amended language to maintain current level of services being provided to city residents/property owners with enhanced services being added as necessary. Proposed amendments: Revise Section 5 to read: At no additional cost to the City or affected participants, the fire District shall provide fire inspection services that meet or exceed the existing- level of fire inspection service currently provided by the City fire department including: (a) For all commercial buildings in the city classified as A, H, I B, E.F,- M, S, and R1, inspect each such building semi-annually, and for all other commercial buildings inspect each building annually, and maintain structure drawings to scale depicting all controls relating thereto (including sprinkler system, alarms, and electrical, gas and water service.). August 4, 1997 Page 6 of 6 (b) (no change from original language) (c) Review all building permit applications to the City and inspect construction projects through course of construction to and for building/fire code compliance (plans, systems, materials), including on site meetings with building owner, architect, engineer and contractor(s) in conjunction with the City Building Department. All Plan/permit review shall be completed in a prompt and timely _manner. Plan/permit review for mostprojectsshall be completed within two business days for return to the City Building Department unless there are extenuating circumstances. Plan/permit review for large or complicated projects shall commence within two (2) working days and continue with regular progress until complete. Page 5, Section 7. FIRE INVESTIGATIONS: District proposed adding sentence to clarify cooperation of services during a crime scene situation. New sentence: Cooperative procedures with City Police and legal staff for prosecution direction and recognize the Districts Law Enforcement Commission. SCHEDULE OF STATION 31 REQUIREMENTS ADDENDUM: District offered no revision to the addendum. Fire Chief Brown concluded District's presentation by stating that no significant problems are expected to combine union memberships, execute employment agreements with non union personnel. District is committed to being a community combined paid -volunteer department that eliminated administrative and operational duplication of services that exists for the benefit of the community. Mayor Weatherill thanked Chief Brown and District 7 representative for their attendance and presentations. Mayor Weatherill referred matter to the Fire Committee. Meeting adjourned at 9:40 PM. '�iitct-- l� YYJ Patricia Parks, City Clerk