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