Village of Hebron
Council
Minutes
Special
Council Meeting
May
17, 2010
CALL TO
ORDER
Mayor
Clifford L. Mason convened the meeting at 6:00 PM.
PLEDGE
OF ALLEGIANCE / MOMENT OF SILENCE
Mayor
Mason asked everyone to stand and recite the pledge of allegiance and to remain
standing to pause for a moment of silence to remember those who serve our
country.
ROLL CALL
Those
responding to the roll call were: Councilmember Jim Friend, Councilmember
Alayna Morris, Mayor Clifford Mason, Council President Scott Walters, Councilmember
Pam DeVaul, and Councilmember Annelle Porter.
Fire
Chief Randy Weekly and Interim Fiscal Officer Mindy Kester were also present. Councilmember Bob Gilbert was not present.
COUNCIL
ACTION ITEMS
Solicitor
Wesley Untied stated that he and Mayor Mason met with Trustee John Slater and
Assistant Prosecuting Attorney Lecklider last Thursday to discuss Fire and EMS
negotiations. The purpose of the meeting
was not to negotiate but to clarify some issues and ascertain positions. The idea was to gain some perspective of what
each party would like to see in the contract.
Mr. Untied noted that a few things came out such as the Township having
a willingness to accept an obligation to pay 60% of the operational cost of the
Fire Department if in fact they also receive 60% of the EMS billing
revenue. Another option was that Union
Township would undertake their own EMS billing and pursue that in their own
right. They would then be looking at
paying a lesser sum for the operational budget.
He noted that those are the two primary positions or points that came
out of the meeting. Mr. Untied
reiterated that any current dissatisfaction is not related to the performance
of the Fire Department but more so due to the economic circumstances. He noted that the Townships fire and EMS levy
does not generate enough revenue to pay off all of their contracted services at
least in the current or proposed amounts.
The Township Trustees are reluctant to approach the voters for
additional money at this time until the issue with the Lakewood School District
is settled one way or another. The
Township also expressed a desire to revisit the percentage allocation at some
point. The other item that everyone
seemed receptive to was a multi-year contract that would allow for better
planning. Mr. Untied encouraged Council
to consider at least something through the present 2010 and 2011 year.
Mayor
Mason stated that Mr. Untied gave an accurate summarization of the
meeting. Mr. John Slater also agreed
that it was an accurate reflection of the meeting.
Mayor
Mason stated that the question becomes what does Council want to do considering
what Mr. Untied has shared about the meeting.
Councilmember Porter stated that she would like to address item #2 from
the legal memorandum that Mr. Untied distributed. It describes an alternative option of Union
Township paying some lesser sum, likely in the $500,000 - $550,000, toward the
operational cost of the Fire Department.
It also includes the Township undertaking their own EMS billing. Mrs. Porter noted that she has some
difficulty with a set figure. Councilmember Friend stated that he agreed that
it should be a percentage.
Chief
Weekly stated that anytime there is a cost reduction there will be a reduction
in service ability. He noted that back in 2004 Cramer and Associates determined
that the 60/40 split was fair for both the Village and the Township. Mr. Weekly stated that over the past few
years the Township has not had to pay the entire 60% that it has been closer to
55% or 56%. He feels that he has worked
very hard to keep the costs down and not overspending when it came to the
budget. He also stated that he would be
reluctant to use EMS revenues for operational expenses incase the monies ever
became not available.
Councilmember
DeVaul asked if the EMS billing was something new for the Village or had it
always been in existence. Fire Chief
Weekly stated that in July 2007 we starting EMS billing. He also noted that it is not mandatory and
there are no guarantees with the revenues.
Councilmember Porter noted that what we bill and what we get are two
different things. Mayor Mason stated
that we only collect on transports.
Mayor
Mason stated that even though the contract has read for years 60/40 the township
has only been billed on the operational cost for the Fire Department. He noted that for years it has been
considerably less than the 60% that the Township has actually had to pay. Mayor Mason also noted that he had read Mr.
Blacks comment in the paper about a 50% or 55% and he is concerned that
services are going to have to be cut or the Village is going to have to make up
the difference. He is not convinced that
financially the Village is ready to make up a 5% or 10% difference in the
operational budget of the Fire Department.
To make up 5% of the budget without much notice is going to require some
adjustment on the Village and he is not certain how we could do that today. We have not planned for it and would not be
able to provide the service that we are providing today if we just lost 5 or
10% of the budget. Mayor Mason also
stated that he did not feel that we would be as financially responsible as we
should be to our resident if we just accepted a cut in the percentage.
Councilmember
Porter noted that since the Township usually pays a lesser percentage than 60%
would we be that far off if we agreed to 55%.
Obviously, we do not have that 4% or 5% wiggle room if the expenses go
up but traditionally we do not hit the 60% mark anyways. Mrs. Porter asked if the snag was the EMS
percentage or the 60/40 split. Mr.
Untied stated that he did not have a good answer. He also noted that he thought that it is a
combination of both and it is net dollars.
He feels that it is economic driven as much as anything.
Council
President Walters asked if Union Township could even do their own EMS billing
and what benefit there is for them to do so.
Solicitor Untied stated that under state law the Township has a right to
do their own EMS billing. They can adopt
billing for the unincorporated area of the township. The only conceivable benefit that he could
see for the Township to do their own billing is that they would avoid the
administrative fee that we charge them.
Councilmember Friend asked if we would be able to bill outside of
Hebron. Mayor Mason stated that we could
not bill the same residents that Union Township bills. Councilmember Porter asked who would bill
Buckeye Lake for services rendered.
Mayor Mason stated that there is a difference of opinion. He believes one thing and Mr. Slater believes
another. He noted that Mr. Lecklider has
been asked to answer that question and to define it a little closer. Mayor Mason noted that throughout Ohio and
beyond that the party that does the transport does the billing. The money then
comes back to the entity that does the transport.
Mayor
Mason noted that if Union Township is successful in their EMS billing efforts
they would only be able to collect the money that is collected in the township. He noted that part of his concern with
sharing more or 60% of the total EMS revenue.
The Township could not receive 60% of the EMS revenue if they are going
to do their own billing. They could only
receive 100% of the Township revenue, which is what we have offered them all
along.
Councilmember
Morris asked what the average amount is right now that Union Township pays to
us. Fire Chief Weekly stated that this
year it was $607,000.
Mayor
Mason noted that if Union Township decides to do their own EMS billing, then
they would not receive 60% of the total revenue. They would only collect 100% of what is
collected in the township which is what we have offered them. He noted that he does not feel it is
acceptable to offer 60% of the operational cost and 60% of the EMS billing
revenues. He stated that maybe there is
an option for a little less than 60% and continue to offer 100% of the EMS
billing as we currently do. He noted
that the options are out there it is just a matter of deciding and having
Solicitor Untied draw up an agreement and present it to Union Township.
Councilmember
Friend stated that if we are not going with dollar figures than we are going
between 60% and 55%. Councilmember
Porter agreed that it would be somewhere between those percentages. She noted that we would have to be concerned
with the percentage or what the township would bill. Councilmember Friend stated that if Union
Township billed for their own EMS and we collect for our EMS then we would
start between 55% and 60%. He stated
that we not agree to anything below 55%.
Councilmember Porter stated that she would not be comfortable with a
dollar figure. Council President Walters
noted that he was in favor of the percentage basis. Solicitor Untied stated that just so Council
has some sense of it, if you are working with a million dollar budget every one
percent differential is going to be $10,000.
Councilmember
Porter stated that her main concern is that the Township, the entities within
it, the areas that we generally serve as mutual aid partners, the Village of
Hebron does not experience lesser service no matter what the agreement may
be. She stated that through this process
that is what needs to stay foremost in our minds.
Council
President Walters asked Fire Chief Weekly if it was necessary to make cuts to
the budget would it have an impact on the recently approved additional person
to the night shift. He asked if that
position would need to be eliminated.
Fire Chief Weekly stated that it was a possibility.
Councilmember
Morris mentioned that she felt that it could become a mess if Union Township
did their own EMS billing. She also
stated that she felt that it would most definitely have an impact on the level
of service that Hebron and Union Township would receive.
Solicitor
United stated the purpose of the meeting was to bring everybody up to date and
to share information. He noted that he
did not think anyone was looking for a decision cast in stone tonight but it
certainly raises the issues of budgetary concerns. He noted that it is imperative that we keep
moving forward to arrive at a decision.
He also encouraged Council to agree to a multi-year arrangement and to
take this under advisement and to be ready to address it in the near future.
Councilmember
Porter asked if there was any support in taking the 60% and reducing it to 58%
which would result in about $20,000 and the Township bill for their own EMS
portion. She noted that if we don’t
compromise somehow then we could be until November talking about the same
numbers and the same figures. She noted
that she would like to see this whole thing end up a win - win.
Mayor
Mason asked Solicitor United if it would even be part of the agreement if Union
Township moves ahead with their own EMS billing. Solicitor Untied stated that it would not be
if they preempted those negotiations and acted on their own.
Councilmember
Porter asked Mr. Slater if the Township wants to do their own billing. He stated that it is in the best interest of
the township as far as the administrative fees.
He stated that he wanted to make it clear that the discussions that we
have had up to this point have been real.
They certainly have outline the issues and they have not been a waste of
time.
Mayor
Mason asked Mr. Slater if the biggest issue is the administrative fee of the
EMS billing. Mr. Slater responded that
it was certainly one of the issues. He
noted that we are back to this correlation that if we are going to share 60% of
the operational expenses it seems like there should be somewhat of an equal
sharing of the revenue. Mayor Mason
stated that he would be open to discussion on reducing the administrative fee
if it is something that is important to the Township.
Township
Trustee Slater stated that Union Township is sharing in the expense of the
mutual aid runs and that is where the rational of sharing the revenue is coming
from. He noted that it is not like they
are asking for a share of something that they do not have any involvement
in. He also stated that there is quite a
bit of capital outlay that helps the daily routine of the Fire Department.
Councilmember
Friend suggested going from 58% to 57% to 56% over three years. Councilmember Porter expressed her concern
with due to not knowing what the operation costs are going to be. She noted that it could end up being a real
problem.
Mayor
Mason asked if this was an issue that everyone wanted to try to work out
tonight or is it something that they would like to think about. He noted that we would meet again in a week
and maybe something could be decided and Council could direct the solicitor to
draw up an agreement. Councilmember
DeVaul asked if there were any further work sessions scheduled. Mayor Mason stated that there was not
anything scheduled at this time.
Councilmember
Porter asked Trustee Slater if the Township was working on a proposal that
Council might have to consider. Trustee
Slater stated that the Trustees are working on something but it is not official
yet. He noted that until they discuss
things at a public open meeting he did not want to lead anyone astray.
Mayor
Mason stated that it is important for Council to come up with a number and be
prepared at the next Wednesday night council meeting to discuss it more and to
potentially direct the solicitor to draw up a new agreement to present to the Township.
Councilmember
Friend asked if we were clear on all of the EMS billing laws. Solicitor Untied stated that no and we
shouldn’t expect to be since it is a gray area.
He stated that there is case law and difference of opinion and it is not
clear cut. Mayor Mason stated that it is
clear cut and there are experts out there that deal with the EMS billing. Solicitor Untied stated that it is clear that
they can do it but there are other issues that are not so clear. Mayor Mason stated that there is no question
that they can do it.
ADJOURNMENT
Councilmember
Friend made a motion to adjourn the meeting at 6:50 PM.
_____________________________
Clifford
L. Mason, Mayor
Attest:
_______________________________
Mindy
Kester, Interim Fiscal Officer
