HomeMy WebLinkAbout2015-1214 Study Session PACKET
CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, December 14, 2015
Siskiyou Room, 51 Winburn Way
5: 30 p.m. Study Session
1. Public Input (15 minutes maximum)
2. Look Ahead review
3. Hosler Dam Federal Energy Regulatory Commission Part 12 update
4. Discussion and options: extension of City water services outside of City limits
5. Review of staffing options for Ashland Fire & Rescue
Immediately following the Study Session, the City Council will hold an Executive
Session for labor negotiation pursuant to ORS 192.660(2)(d).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181.
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
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CITY OF
ASHLAND
Council Communication
December 14, 2015, Study Session
Review of Staffing Options for Ashland Fire & Rescue
FROM:
John Karns, Fire Chief, Ashland Fire & Rescue, karnsj@ashland.or.us
SUMMARY
The Council has requested that the Fire Chief develop and present a "menu" that explains options and
strategies to address the issue of department staffing, which is not keeping up with call volume. As
there are a number of different approaches to consider, it was felt that further clarification of each was
appropriate before evaluating them. The options discussed in the attached "Staffing Menu" deal with
this issue to varying degrees either through enhanced staffing or reduced call volume. There are also
several administrative opportunities that will help in the long term. Many of these strategies come with
a cost and some carry significant ramifications that should be carefully assessed. Council is being
asked to evaluate the options and identify the best course of action to ensure adequate staffing so that
Ashland Fire & Rescue can maintain quality service delivery.
BACKGROUND AND POLICY IMPLICATIONS:
Ashland Fire & Rescue has been increasingly challenged to provide the appropriate number of
resources for our response requests for a number of years. With the same 27 member line-personnel
force we are now responding to close to 4000 calls annually. The average call volume over the last ten
years has been 3418. There are a number of factors that contribute to this increased call volume
including local demographics, increasing public reliance on the 911 system, increasing out of area
medical transports, and other influences. The administrative options listed in the attached Staffing
Menu help to manage some of these influences and future costs of the department.
We are also seeing a sharp increase in the non-emergent medical transfers after the Ashland
Community Hospital reorganization. Each of these transfers take two of our firefighter/paramedics out
of service for an hour or more often during times when getting call-back personnel to respond is
difficult. The Fire Chief has requested additional personnel each of the last six years. Two years ago a
change in the staffing window from 7/9 to 8/9 was approved which helped but no new personnel were
hired. During this same time Medford Fire Department created five new positions and Jackson County
Fire District 3 added six new positions.
At the Council Study Session of August 31, 2015, the Fire Chief presented information concerning the
mission and future of Ashland Fire & Rescue. The basis of this presentation was the difficulty the
department is facing maintaining quality service with its current staffing/work load. There are several
options that deal with the issue directly by bringing on additional personnel either immediately or
spread out over several years. Depending on how some of these options are implemented there are
potential reductions is overtime costs. There are also options based in operational changes that reduce
the call volume. This is accomplished by withdrawing from the Ambulance Service Area contract with
Jackson County or by contracting the non-emergent medical transfers to a third party provider. The
Page 1 of 2
~1,
CITY OF
ASHLAND
transfers have been increasing substantially over the last two years. Some additional long term
solutions involve participating in, or forming new, special districts to fund fire department costs under
ORS chapter 478. Involvement in special districts would require voter approval.
The result of inadequate staffing causes periods during a shift when there are no personnel available to
respond or insufficient personnel available for an event. Often when medical requests are made during
this time we ask Mercy Flights to respond and provide transportation. The response time for Mercy
Flights into Ashland is much longer than AF&R. For fire or other emergency calls we rely on our
neighboring departments to respond if available, again with much longer response times. For many
medical events and obviously fire calls, response time can drive the outcome of the call.
COUNCIL GOALS SUPPORTED:
Public Safety
23. Support innovative programs that protect the community
FISCAL IMPLICATIONS:
N/A Information only
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A Information only
SUGGESTED MOTION:
N/A Information only
ATTACHMENTS:
Staffing option menu document
Page 2 of 2
~r,
Ashland Fire & Rescue Staffing Menu - December 2015
Introduction
Police and fire are the two departments responsible for the life and safety of our community and guests through
emergent response. Our mission is to respond immediately when called with well trained personnel and the
appropriate type and number of resources. I have previously presented to this Council my concern with the Fire
Department's inability to respond the appropriate resources not only to our larger, significant events, but also to the
more routine day-to-day response requests.
With this document I am presenting a menu of options that was requested by Council. You, the decision makers,
need to understand our current and long term resource needs and how it impacts our ability to deliver services
through Ashland Fire & Rescue.
I do not want to be perceived as the boy who cries wolf, but I see this overall issue as a moral imperative. Ashland
Fire & Rescue has consistent data showing the growing demand in services, a demand we are simply unable to keep
up with. To be sure, maintaining business as usual is not an option. It is critical that our elected officials understand
the impact of the options being presented. Your decisions will define our governmental commitment to public safety
including proper staffing and equipment so that we can respond with quality life support and property protection.
How will we address the risk management policies that for too long have tolerated inadequate staffing and
equipment resulting in expensive and risky overtime? Do we continue to gamble until an avoidable inability to
provide services results in significant injuries or worse?
With this in mind, I present this menu of options that will fully or partially address this issue. These options and
strategies are categorized generally into short term and long term. This is not a reference into the period of
influence but rather the time-frame that the option can be implemented and the benefits realized.
Short Term Options
• STAFFING ENHANCEMENT Page
o Hire One Firefighter/Paramedic Per Year for Six Years 2
o Hire Six Paramedics-Only 2
o Implement 8/10 Staffing with a Commitment to 9/10 Staffing 3
o Implement a Student Program 3
• RESPONSE REDUCTION
o Contract Out Non-Emergent Transfers 4
o Eliminate the ASA Contract with Jackson County 4
Long Term Options
• SPECIAL DISTRICT OPTIONS
o Jackson County Fire District 5 Contracts with AF&R 5
o AF&R is Absorbed by Jackson County Fire District 5 5
o AF&R and D5 Forma New Special District 6
o AF&R Becomes a New Special District Using the City Limits of Ashland 6
• ADMINISTRATIVE
o Adopt a Residential Sprinkler Ordinance 6
o Support a WUI Fire Code 7
o Age-Friendly Housing Program 7
o Senior Fall Prevention and Fire Safety Training 8
Page 1
Ashland Fire & Rescue Staffing Menu - December 2015
Short Term
STAFFING ENHANCEMENT
1. Hire one Firefighter/Paramedic Per Year for Six Years - This is the option that has been suggested
by the Fire Chief for the last five years. This option is a process of increasing staffing to the
appropriate level of 11 career members per shift by bringing on one firefighter/paramedic a year
over a six year span. This will yield a 2-person increase per shift at the end of six years. The
department would be operating with a 10/11 staffing window at that time.
PRO CON
• This option spreads the budget impact • An imbalance of shift staffing is
over a six year period. created with this strategy other than at
• Reduces the burden of the the start of the third and sixth year.
department in training six rookie • The department realizes an
firefighters simultaneously. inadequate staffing level for a longer
• This option adequately addresses the period of time.
staffing shortfall that currently exists.
Financial Impact: A cost of $110,000 per employee for salary and benefits would be
incurred each year for six years in today's dollars along with a one-
time cost per employee of $3500 for uniforms and personal
protective equipment. This is a total of $681,000 over six years in
today's dollars.
2. Hire Six Paramedics-OW- This option hires six paramedic-only employees, two per shift,
to handle the "first-out" medical calls for the department. These employees would not
respond to fire or other emergency calls unless there was a medical component to the
response. These employees would also respond to the inter-facility transports (IFT) such
as transferring a patient from ACH to Rogue Regional Medical Center.
PRO CON
• This option would reduce the time • The additional staff would not
when the department is "out of assist on responses other than
staff" to run emergency calls. medical calls.
• There is a slight reduction in cost • The cost of a paramedic is nearly
between paramedics-only and the same as what Ashland pays a
firefighter/paramedics firefighter/paramedic.
Financial Impact: The cost of a paramedic at the current market rate is approximately
three to four dollars less per hour than what a current entry level
Ashland firefighter/paramedic earns. There could also be an
adjustment in the benefit package. It is estimated that a paramedic
only would have an annual cost of $83,000 to $87,000 per employee
for the first year. With a cost of uniforms and PPE at $2500 per
employee, the total cost of this option would be approximately
$501,000.
Page 2
Ashland Fire & Rescue Staffing Menu - December 2015
3. Implement 8/10 Staffing with a Commitment to 9110 Staffing -This option hires three
Firefighter/Paramedics, one for each shift, while maintaining the minimum staffing level
of eight. This reduces the cost of overtime significantly and nearly covers the cost of the
three new employees the first year. The intent is to then narrow the staffing window to
9/10 from 8/10, one shift per year for three years. This option gives some immediate
relief and then phases in an increase in the staffing window over time. Ideally this would
then be repeated in four years ultimately producing the desired eleven persons per shift
staffing level.
PRO CON
• This option gives some immediate • An imbalance of shift staffing is
relief, though minimal, to the staffing created with this strategy other than at
shortfalls on the three shifts. the end of the second and fifth year.
• Increases the inventory of members • There would need to be numerous
for short-term and emergency call- shift transfers to equalize the overtime
back impact on the three shifts.
Financial Impact: A cost to hire three new Firefighter/Paramedics is $327,063 for the
first year. The projected annual savings in overtime is $317,844. The
cost for the three firefighters when they reach top step in five years
will be $382,000. The savings in overtime will also escalate each
year as members pay steps increases occur, affecting overtime
savings.
4. Implement a Student Program - This option implements a student/volunteer program. It
would place two student/volunteers on each shift. These members would be required to
work on an assigned shift when they aren't in school. These members would be required
to attend a firefighter academy as part of their curriculum.
PRO CON
• This strategy puts an additional Students aren't allowed to go into
member on each engine company IDLH (immediately dangerous to life
during part of certain shifts. and health) environments until they
• Gives the department additional are graduates of the fire academy and
personnel during the summer fire are certified for such entries.
season. • Most students aren't paramedic
certified and couldn't operate on the
ambulance.
• Can be a burden to the fire company
until skill level in at an established
standard.
• Recruitment and retention will be a
challenge.
• Inconsistent work schedule due to
school
Page 3
Ashland Fire & Rescue Staffing Menu - December 2015
Financial Impact: An estimated cost of implementing a six member student/volunteer
program would be approximately $72,000 per year plus
approximately $16,000 for training overtime for shift members.
RESPONSE REDUCTION
1. Contract Out Non-Emergent Transfers -This option eliminates the non-emergent
transfers from the responsibility of AF&R and shifts it to a contracted provider such as
Mercy Flights. Examples are a patient transfer from ACH to Rogue Regional Medical
Center for non-emergent reasons (staffing, shortage of beds, etc.)
PRO CON
• This option eliminates approximately • Gives slight relief to the call-
135 calls annually and frees up load/staffing shortage.
personnel slightly. Can dramatically increase response
• These calls are often at night when it time for local patient transfers.
is difficult to get personnel to respond
to short-term call-backs.
Financial Impact: Annual lost income for non-emergent Interfacility transfers would be
approximately $35K to $60K per year.
2. Eliminate the ASA Contract with Jackson County -This option provides for the department
withdrawal from its contract for the Ambulance Service Area (ASA) #3 with Jackson
County Health and Human Services. The department would provide medical "first-
response" only to Ashland but would no longer provide medical transportation in the ASA
(with some exceptions).
PRO CON
• This option would have the greatest • City would realize elimination of a
immediate impact with freeing up substantial revenue source.
firefighters. • Patients would experience a longer
• This option would reduce the daily "on-scene" time for the transportation
career staffing need from 11 to 10. resource in many cases.
• This would have a positive effect on • The new ASA provider would utilize
member morale. one paramedic and one EMT only, not
two paramedics as with AF&R.
Financial Impact: This approach will eliminate all revenue (or nearly so) from
ambulance transport fees. The need for some emergency medical
supplies would be partially reduced and the department could
reduce, but not eliminate its ambulance fleet. Net loss of revenue will
be approximately $620,000 per year.
Page 4
Ashland Fire & Rescue Staffing Menu - December 2015
Long Term
SPECIAL DISTRICT OPTIONS
1. Jackson County Fire District 5 Contracts with AF&R - This option provides for the District 5
Board of Directors to contract to AF&R for fire, emergency and medical first responder
services. This is the same model that the Medford Fire Department has with Rural Fire
District 2 and that the Bend Fire Department had with Deschutes County Rural Fire
District 2.
PRO CON
• AF&R would receive most, if not all, of • There would be substantial political
the $3.19 per $1000 AV rate of D5. and cultural hurdles to address.
• Some increase in staffing-per-call • Negotiations would need to be
would be realized. conducted with both labor groups.
• Reduction in duplication of effort in • Increased burdens on the internal
some areas of operation. service providers of the City.
• District 5's area, including rural areas • A consultant would need to be used to
outside of Ashland, would likely conduct evaluation and
receive a greater number of services. implementation.
Financial Impact: District 5's budget is currently $5.3 million. There would be costs,
some substantial, associated in this transition that would best be
determined by a consultant.
2. AF&R is Absorbed by Jackson County Fire District 5 -This option eliminates AF&R and
redraws the special district boundaries of District 5 to include the city of Ashland.
PRO CON
• The City would no longer directly fund • Citizens of Ashland would need to pay
a fire department. the special district fee for D5 of $3.19
• There would be less of a burden on per $1000 AV.
the "internal services" departments of • The City would lose the revenue for
the city. the ambulance transportation.
• The citizens of Ashland would no
longer receive a number of services
that they currently receive.
• The City would need to identify a
funding source for the Forestry
Division.
Financial Impact: Other than the costs for the process of consolidation/contracting
logistics, expenses would be for the tax for fire services to D5 and for
maintaining the Forestry Division. If maintaining "other services" is
Page 5
Ashland Fire & Rescue Staffing Menu - December 2015
desired those costs would be incurred as well. These are best
determined by a consultant.
3. AF&R and Jackson County Fire District 5 Forma New District- This option eliminates both
AF&R and District 5 and redraws a special district to include both present-day
jurisdictions under a new special district.
PRO CON
• Under this option the City would no The City would lose direct control of
longer fund the fire department from the fire department. Funding for the
the general fund. Forestry Division would need to be
• The two departments would function identified and "other services" would
as one with some enhancement in fire be eliminated if not funded by other
and emergency response. means.
• Medical transportation would be
conducted by another provider unless
the new district bids for and wins the
ASA contract.
Financial Impact: There would be costs associated with the logistics of the process.
Citizens would be charged a fee of approximately $3.19 per $1000
AV for the special district. Revenue would need to be identified for
the Forestry Division along with the "other services" if desired. These
costs are best determined by a consultant.
4. AF&R Becomes a New Special District Using the City Limits of Ashland -This option
eliminates AF&R and creates a new special district that mirrors the current city limits and
possibly the urban growth boundary of Ashland.
PRO CON
• Under this option the City would no Control of the fire department would
longer fund the fire department from be held entirely by an elected board.
the general fund.
Financial Impact: Though the fire department is funded directlyfrom the general fund,
for comparison, AF&R's budget, without the Forestry Division,
calculates to approximately $3.05 per $1000 AV with a total
assessed value for Ashland of $2,263,000,000. There would be costs
for this option to create the special district. Exact costs would best be
determined by a consultant.
ADMINISTRATIVE
1. Residential Fire Sprinkler Ordinance - This ordinance would implement a requirement for
installing fire sprinklers in all new residential occupancies as well as some residential
remodels that reach a certain threshold.
Page 6
Ashland Fire & Rescue Staffing Menu - December 2015
PRO CON
• Residential sprinkler ordinances save • Cost of installation.
lives and property. The chance of a Poor quality installation and
fatality in a residence with operating maintenance can lead to vulnerability
fire sprinklers is almost zero. to freezing
• Most insurance companies offer a • Some public education requirements
discount for fire sprinklers. on fire sprinkler system operations
• Residential sprinklers help control the
future costs of fire suppression.
• Can help reduce water system
development needs and SDC's.
Financial Impact: No direct costs to the City. The average cost for a residential
sprinkler system for new construction in 2013 was $1.35 per square
foot. Cost for remodel implementation would be higher.
2. Support a WUI Fire Code - This option of implementing a wildland urban interface fire
code would provide for adopting an ordinance to address building construction,
landscaping plans, and native and domestic fuel management for structures located in
the wildland urban interface.
PRO CON
• Would substantially reduce the fire • Restricts certain building methods and
risk for structures built under the WUI landscaping themes.
code. • Costs associated with implementation
• A WUI code will help control the future and enforcement
costs of fire suppression. • Costs to the property owner for
• Establishes standards for property and compliance
life safety that are in concert with the
Fire Adapted Communities program as
well as other jurisdictions/states with
wildland urban interface concerns.
Financial Impact: No direct costs to the City other than for a public hearing and a TBD
amount of staff time..
3. Age-Friendly Housing Program - This program would be a cooperative effort between the
fire department, RVCOG, and area contractors. It is a model that is being used in several
jurisdictions throughout the country. The intent is to reach out to seniors who have
experienced trip and fall events or other access issues. The fire department would
contact those it had responded to for trip and fall calls and offer an evaluation of their
medical conditions/medication regimens and living environments. Drug incompatibilities
could be resolved by contacting their physicians. If a home could benefit from some
modifications for occupant safety, the department would contact RVCOG, and work could
be funded by the property owner, through RVCOG grants, or a combination of both.
Contractors cooperating with this effort would be assigned to conduct the necessary
Page 7
Ashland Fire & Rescue Staffing Menu - December 2015
modifications with the property owner's approval. This program would be tried as a pilot
for one year before full implementation.
PRO CON
• Could identify problems with seniors The fire department would need to
concerning medications, home commit to overtime or FTE funds for
construction and layout, allowing the one year trial.
occupants to remain longer in own
homes.
• Could reduce some citizen reliance on
the 9-1-1 system.
• Could help manage the future costs of
the fire department.
Financial Impact: There would be some costs incurred for developing the program and
marketing it. The majority of the cost would be for the personnel
expenses and this program cannot be staffed by current on-duty
personnel. However, with "fall" calls increasing dramatically this
program could have a significant impact on repeat responses to
individuals thus helping manage staffing needs.
4. Senior Fall Prevention and Fire Safety Training -This program is simply a continuation of
an education effort that was stated several years ago. The state has a curriculum that is
intended to be delivered to seniors, and senior care facilities, to address senior fall and
fire safety concerns.
PRO CON
• Helps seniors understand their Some cost to the department
vulnerabilities and how to manage depending on which personnel
them. conducts the training.
• Will reduce injuries to seniors for trip
and fall incidents.
Financial Impact: The state currently provides the course materials at no cost to the
department. There would be overtime expenses for the instructor as
well as some costs for marketing. This is estimated to be around
$2,000 to $3,000 annually. As with option #3, Age Friendly Housing,
this option can potentially reduce our "fall" calls to seniors and help
manage this increasing call category.
Page 8
Ashland Fire & Rescue Staffing Menu - December 2015
Chart of Staffing Options
Alk
Hire Six
Greatest Single-Role
Paramedics
Benefit
8/10 Staffing AF&R Increase Daily
with Becomes a Staffing by
Commitment Special One Each Year
to 9/10 District
District 5
Contracts with
AF&R
BENEFIT
Implement All Student Eliminate the
Administrative Firefighter Ambulance
Options Program Service Area
Contract Non- AF&R and
emergent District 5
Transfers Form a New
District
Least AF&R is
Absorbed by
Benefit District 5
low
Least Cost COST Greatest Cost
Page 9
Ashland Fire & Rescue Staffing Menu - December 2015
Conclusion
I appreciate the opportunity to provide the various options to address what I feel is the number one public
safety concern for our community. All options have pros and cons, some with complex ramifications. To be
sure, solving the staffing issue will come with costs. The department is being asked to provide far greater
work production than in the past with no increase in personnel and the trend of increasing call volume is
expected to continue. To re-cap the options presented:
• Hire One Firefighter/Paramedic Per Year for Six Years
• Hire Six Paramedics-Only
• Implement 8/10 Staffing with a Commitment to 9/10 Staffing
• Implement a Student Program
• Contract Out Non-Emergent Transfers
• Eliminate the ASA Contract with Jackson County
• Jackson County Fire District 5 Contract with AF&R
• 5AF&R is Absorbed by Jackson County Fire District 5
• AF&R and D5 Form a New District
• AF&R Becomes a New Special District Using the City Limits of Ashland
• Administrative Options
o Residential Sprinkler Ordinance
o Support a WUI Fire Code
o Age-Friendly Housing Program
o Senior Fall Prevention and Fire Safety Training
As your Fire Chief, and after carefully weighing cost/benefit, it is my recommendation to immediately act
on two options. First is to implement of 8/10 staffing option with a commitment to reduce that staffing
window to 9/10, one shift per year, for three years. This is a near no-cost change the first year with
gradually increasing costs over the following two years. Second is to contract out the non-emergent
transfers. The frequency of non-emergent transfers is increasing at a rapid rate and this degrades our
ability to respond to more emergent time-sensitive calls, often at vulnerable times during the shift.
I also recommend the implementation of all the Administrative options listed. These are no or low-cost
programs that not only address very specific patient care and fire protection issues in Ashland, but will
help control the future costs of the fire department and the public's reliance on the 9-1-1 system.
I'm always available to answer any question you may have. Public safety is the number one responsibility
of government. I need to emphasize that maintaining an appropriate level of public safety service with our
current staffing level is simply not sustainable. That's not only my opinion but that of the other area fire
managers. Poor staffing is also the primary deficiency listed in our Insurance Services Office (ISO) score.
If the City ultimately decides not to establish an appropriate staffing level for its municipal fire department,
I would hope that the City would consider letting the municipal fire department go and allow a special
district to adequately fund and control that portion of public safety and provide the proper level of staffing
and service. Council could enter into a conversation with the Board of Jackson County Fire District 5 and
discuss three of the four special district options.
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CITY OF
ASHLAND
Council Communication
December 14, 2015, Study Session
Hosler Dam Federal Energy Regulatory Commission Part 12 Update
FROM:
Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us
SUMMARY
This is an update for the Council on dam safety projects being undertaken at Hosler Dam to comply
with Federal Energy Regulatory Commission (FERC) requirements for dam safety and inspection. It
should be emphasized that Hosler Dam is safe and that the purpose of these inspections and projects is
to ensure that it remains safe. Projects include installation of security cameras at the dam that allow
remote visual inspection of the dam; purchase and placement of an emergency shelter at Dam for water
treatment personnel; improvement to the Hosler Dam emergency siren; and installation of flash flood
warning signs in inundation zone.
BACKGROUND AND POLICY IMPLICATIONS:
The City of Ashland generates hydroelectric power at a powerhouse located at the water treatment
plant. As the City is a purveyor of hydropower it is obligated to follow FERC requirements for
management and improvement of the system, which includes Hosler Dam. To that end, the City
follows FERC Part 12 requirements. These requirements set standards that must be followed to ensure
the safe operation of the system and provide protection for the citizens of Ashland.
There are five subparts to Part 12 and as a licensee the City has numerous obligations to adhere to for
compliance under these five parts.
The five subparts of Part 12 include:
• A-General Provisions
• B-Reports and Records
• C-Emergency Action Plans
• D-Inspection by Independent Consultant
• E-Other Responsibilities of Applicant or Licensee
As a licensee we must use sound and prudent engineering practices in any action relating to the design,
construction, operation, maintenance and repair or modification of the system.
General Information
Reeder Gulch is operated by the Public Works Department. Reeder Gulch is a concrete arch dam on
Ashland Creek, also known as Hosler Dam. Reeder Gulch was constructed in 1928. In addition to
Hosler Dam there are two small concrete diversion dams at the upper end of the reservoir across the
East and West Forks of Ashland Creek that predate Hosier Dam.
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CITY OF
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The City generates hydro electric power at the power house located 4,200 feet from Hosler Dam. The
power house is operated by the City's Electric Department.
Part 12C-Emergency Action Plans
Under Part 12 subpart C the City has developed and provided updates to the City's Emergency Action
Plan (EAP). The EAP details emergency response requirements to conditions associated with
imminent failure, potential failure and flash flood events for Hosler Dam.
On April 8, 2015, the City held a functional EAP training as required by FERC every five years. This
training is meant to simulate our response to an actual dam failure, which is defined as an
"uncontrolled release of water". This training involved numerous City Departments and employees
through activation of the City's Emergency Operations Center and Operations Center. In addition,
various other emergency response agencies were involved including, CERT, ART, Jackson County
Emergency Management, Southern Oregon University, Ashland School District, Asante, Ashland
Parks and Medford Emergency Management. Members of FERC were also in attendance to view the
training and provide comment on potential improvements to the EAP.
The City Council and Mayor along with the City Administrator provide for governance and policy
development during and throughout operations in an emergency. A primary action for the Council
during an actual emergency will be the redirection of funding.
• The City Council will meet in an emergency session to decide how to
respond to the emergency funding needs.
• The City Council will declare a State of Emergency and request
assistance through the County.
• If a quorum of councilors cannot be reached, and if a prompt decision
will protect lives, City resources and facilities, or private property, the
• City Administrator (or designee) may act on emergency funding
requests. The Mayor and City Council will be advised of such actions
as soon as practical.
• To facilitate tracking of financial resources committed to the incident,
and to provide the necessary documentation, a discrete charge code for
all incident-related personnel time, losses, and purchases will be
established by the Finance Section.
Part 12D-Inspection by Independent Consultant
The City is required to hire an independent inspection consultant to meet the requirements of 12D.
This consultant must be approved by FERC before they can perform any inspection and analysis duties
associated with the system. The City has hired numerous independent consultants over the years for
dam safety review, analysis and inspection. Currently Steven Samuelson of AECOM is the approved
consultant.
Through the evolution of part 12D requirements a potential failure mode analysis (PFMA) has been
included in the inspection reports since 2003. This PFMA has subsequently been refined over the years
through inspection, engineering analysis and consultation with FERC. The independent consultant
analyzes and categorizes these potential failure modes and recommends projects and adjustments to the
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CITY OF
ASHLAND
City's Dam Safety and Surveillance Monitoring Plan if needed. Currently Steve Samuelson is
conducting a left abutment erosivity study required by FERC as a result of the PFMA from the last
inspection report. A meeting is scheduled with FERC for December 15, 2015 to discuss an action plan
for improvements associated with the outcome of the study.
Dam Maintenance and Improvement Projects
City staff continually monitor the dam through various visual inspections, deflection surveying,
seepage monitoring and annual spillway gate inspections in addition to the independent consultants
analysis. This information is documented in the annual Dam Safety and Surveillance Monitoring
Report. This annual report is developed by our dam safety engineer and submitted to FERC for
approval. The City also has three strong motion accelerometers (seismographs) in place for earthquake
monitoring that are used as part of the EAP's early warning system.
Projects previously recommended by FERC and/or staff for the safety and protection of the dam,
treatment plant and citizens, either completed or in process include installation of perimeter safety
fencing around the water treatment plant; installation of security cameras at the dam that allow remote
visual inspection of the dam; purchase and placement of an emergency shelter at Dam for water
treatment personnel; improvement to the Hosler Dam emergency siren; installation of flash flood
warning signs in inundation zone; and improvements to the radio communication system.
City staff from the Street Department, Water Department and Electric Department perform
maintenance on the system as required. General maintenance activities include; moss removal from
dam face; debris removal at dam face and along access road, road grading; sediment removal from the
east and west forks; emergency siren testing; equipment testing and repair; hazardous tree removal and
corrosion control.
FISCAL IMPLICATIONS:
Public Works and the Electric Department share fiscal responsibility for Part 12 requirements and
budget appropriately. Staff budgets for capital improvement projects and studies within the City's
biennium budget as needed. City staff also request additional funds to accommodate unforeseeable
projects that come up and are requested by FERC to be completed prior to the next budget cycle.
COUNCIL GOALS SUPPORTED:
• Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs
• Deliver timely life-cycle capital improvement projects
• Maintain and improve infrastructure that enhances the economic vitality of the community
• Evaluate all city infrastructure regarding planning, management, and financial resources
STAFF RECOMMENDATION AND REQUESTED ACTION:
No action is required as this is an information update to the Council.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
N/A
Page 3 of 3
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CITY OF
ASHLAND
Council Communication
December 14, 2015, Study Session
Discussion and options: Extension of City Water Service Outside of City Limits
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY:
Ashland Municipal Code 14.04.060 establishes criteria under which a property outside the city can be
connected to City water per authorization by City Council resolution. Those criteria include:
i. The connection is determined to be in the best interest of the City of Ashland and to not be
detrimental to the City's water facilities or resources.
ii. The applicant secures, in writing, a statement from the Environmental Health Division, Health
Department, Jackson County, Oregon, that the existing water system for the premises has failed.
iii. The failed water system cannot feasibly be repaired or improved and there is no other feasible
source of water for the premises.
iv. An Ashland water main or line exists within 100 feet of the premises.
v. The connection is to premises within the city's urban growth boundary.
A property owner outside the city limits, but within the urban growth boundary, has in the past year
approached the city with a request to connect to the City water system, even though he does not meet
these criteria. The purpose of this study session is not to discuss this specific request (which may be
discussed at a future business meeting), but to review the code requirements and discuss how and
whether to modify them in order to address this request and similar requests that may be forthcoming
in the future.
BACKGROUND AND POLICY IMPLICATIONS:
Ashland has historically not allowed the extension of urban services outside of its city limits. Such
extensions allow properties to receive municipal services and develop urban-style uses without having
to conform to City development standards, thus becoming non-conforming uses if or when these
properties annex into the City. What's more, such properties do not pay City taxes and fees as other
users of municipal services do.
With regard to water service, the City Charter states that "[Any] and all water and water works and
water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying
the inhabitants thereof with water shall never be rented, sold or otherwise disposed of." It is unknown
as to whether this language was intended to prohibit the sale of water to persons who are not
inhabitants of the City or whether it was intended to prevent the sale or disposition of the City's water
works. However, in 1997, the City Council adopted Resolution 97-27 to clarify the City's position
with regard to this Charter provision. In 2010, the Council adopted Ordinance no. 3029, which
codified the criteria in Resolution 97-27 in AMC 14.04.060. AMC 14.04.060 reads as follows:
A. No premises located outside the City of Ashland may be connected to the city water system except
as provided herein.
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CITY OF
ASHLAND
B. Premises outside the city may be connected to the city water system only as follows:
1. Connections authorized by the council prior to June 18, 1997.
2. Connections authorized by the council for city or other governmental facilities.
3. Connections authorized by resolution of the council where the council finds:
i. The connection is determined to be in the best interest of the City of Ashland and to not be
detrimental to the City's water facilities or resources.
ii. The applicant secures, in writing, a statement from the Environmental Health Division, Health
Department, Jackson County, Oregon, that the existing water system for the premises has failed,
iii. The failed water system cannot feasibly be repaired or improved and there is no other feasible
source of water for the premises.
iv. An Ashland water main or line exists within 100 feet of the premises.
v. The connection is to premises within the city's urban growth boundary.
C. Connections authorized under section B.3. above shall be made only upon the following
conditions:
1. The applicant for water service pays the water connection fee for connections outside the city and
the systems development charges established by the City.
2. In the event dwellings or buildings connected to the water system are subsequently replaced for
any reason, then the replacement building or dwelling may continue to be connected to the water
system of the City as long as the use of the water system will not be increased as determined by the
Director of Public Works.
3. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction
preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the
owners of record and notarized so that it may be recorded by the City and binding on fixture owners of
the premises. The cost of recording the deed restriction shall be paid by the property owner.
4. The property owner shall execute a contract with the City of Ashland which provides for: payment
of all charges connected with the provision of water service to the property; compliance with all
ordinances of the city related to water service and use; termination of service for failure to comply with
such ordinances and that failure to pay for charges when due shall automatically become a lien upon
the property. A memorandum of the contract shall be recorded in the county deed records with the cost
of recording to be paid by the property owner.
D. The requirements of this Section are in addition to, and not in lieu of, land use approvals and
authorizations necessary for extra-territorial extension of water service required by Oregon law.
E. A violation of any provision of this chapter shall be punishable as a Class I Violation as set forth in
AMC 1.08.
This issue comes to the Council's attention at this time due to the request of a property owner outside
the city limits (but within the urban growth boundary) to connect to the City's water system,
specifically the TAP line that passes by his property, which is located at the intersection of Highway
99 and Valley View Road. The property owner, John Chmelir, acknowledges that he cannot meet the
criteria in the code and therefore requests that the Council either change the code or make an exception
for his project. When he first contacted City staff about his project, Mr. Chmelir was seeking water for
both domestic and fire suppression purposes and he submitted a letter signed by 11 other neighboring
property owners indicating they too would like to connect to City water. Even if Mr. Chmelir and
Page 2 of 3
CITY OF
ASHLAND
these I 1 other property owners consented to be annexed into the City, they would be unable to do so,
since the Ashland Municipal Code (18.5.8.050(c)) requires that in order for a property to annex into
the City, it must be contiguous to the city limits. These properties do not meet that criterion.
As stated in the summary above, the purpose of this study session is not to discuss this specific request
but to review the code requirements and discuss how and whether to modify them in order to address
this request and similar requests that may be forthcoming in the future. To that end, staff sees five
basic options for the Council to consider regarding water connections outside the city limits:
1. Amend the code to allow connections to City water for fire suppression purposes only.
2. Amend the code to allow connections to City water for both fire suppression and domestic
purposes.
3. Write a variance procedure into AMC 14.04.060 that spells out conditions under which the City will
grant exceptions to the existing criteria. (None are currently provided.)
4. Make no changes and continue to consider requests to connect to City water under the existing code
criteria.
5. Grant exceptions to the code on a case-by-case basis using whatever criteria the Council wishes to
apply in a particular case.
With regard to Mr. Chmelir's specific case, there is a sixth option:
6. Annex Highway 99 between the railroad trestle and Valley View Road into the city limits, thus
providing him with contiguity to the city limits so he (and other properties along Highway 99) can
annex into the City.
Of the options above, staff is firmly unsupportive of #2 and 45. As stated earlier, option #2 is a means
by which properties outside of the City can receive municipal services without fulfilling any of the
other obligations that accrue to those who are in the city limits, including compliance with design and
development standards and payment of fees and taxes. It essentially expands the City but gives control
over development in that expansion area to the County. Option #5 is arbitrary, will likely lead to other
requests for exceptions (with no standards under which they can be evaluated) and could lead to legal
challenges for unequal treatment.
COUNCIL GOALS SUPPORTED
N/A
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff seeks direction on how to and whether to proceed with any of the options listed above.
SUGGESTED MOTIONS:
N/A
ATTACHMENTS:
None
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