Dowagiac votes to go with Coloma

By JOHN EBY / Niles Daily Star
Tuesday, January 22, 2008 10:51 AM EST

DOWAGIAC - Dowagiac City Council voted 4-1 at a special meeting Monday night to award a three-year contract to Coloma Emergency Medical Service (CEMS).

Councilmen Leon Laylin, who made the motion, Charles Burling, Bob Schuur and Mayor Pro Tem Wayne Comstock voted for the controversial contract.

Councilwoman Lori Hunt voted no. Councilman Darron Murray abstained, saying he felt "conflicted" about the decision tabled Dec. 10.

Most of the dozen people who spoke oppose CEMS and asked the council to consider an election to let citizens decide.

But council members said they couldn't justify the expense of an election given the millage proposals defeated recently.

Mayor Donald D. Lyons indicated after the meeting it would have been a cop out for the council to duck deciding a tough issue since they are elected to make such decisions on behalf of the people.

As Lyons noted in reading a lengthy prepared statement, "There is a mechanism within the City Charter that would allow this to happen. If the Dowagiac Ambulance supporters are able to collect approximately 600 signatures asking for a special election to approve .75 mills to support an ambulance service and if that millage passed, we as the elected officials would then be required to approve that contract."

Citizens who packed the 100-capacity council chamber and spilled out into the hall or watched from an adjacent conference room accused city officials of ignoring their constituents' wishes, but City Attorney Mark Westrate said the opposite is true.

"The audience should take pride that their input substantially affected this process. It resulted in more vetting of Coloma. A very careful vetting has resulted in significant changes from the original proposed contract. You should all pat yourselves on the back," Westrate said.

Mayor Pro Tem Wayne Comstock commented, "I know there has been an awful lot of background checking. I have not read any negative comments about CEMS. Of all the bids we received, Coloma, by far, was the best, and we can do it without raising taxes."

Second Ward Councilman Bob Schuur, who works for Borgess-Lee Memorial Hospital, said in talking with older patients, "I've only had one out of dozens say they would support a millage. Most said they are paying too much and can't afford any more. And these are people who use the hospital. It's a hard decision to make, but on the other side of the coin, I don't think raising taxes would pass. All the other ballot issues have been worthwhile and they've all failed."

Murray said, "I think I have more information about Coloma than most people do, from negative stuff screaming at me to stuff that's pretty good. What we had is really gone. It's been gone, and Life took its place. A lot of people think Life's been here a long time, but that's not the case. I believe Coloma would do a good job. What I really like about this is that there is always an out. This last paragraph says that no matter what we vote, you still really have the final vote. If the same effort was put into a petition that was put into putting papers on all the cars, you'd probably come out pretty good. Yet despite this entire process, I got four - four! - phone calls. One person was completely against. One person was completely for it. One person said they didn't care what we did, just make sure all the people know what you're doing. And I had one person who just wanted to ask questions."

"It's a difficult question for me as well," said Hunt, of First Ward. "I can't ignore what I've seen at these meetings. I don't think it's by happenstance that we council people are faced with making this decision on the Martin Luther King holiday. Tonight we as a council are faced with whether or not we're going to deny the people of Dowagiac a right that many of our forefathers died for, and that is the right to vote. Let the people decide. Some are for, some are against. Ultimately, we are only six people who are going to make the decision for 6,000 other people. Let them vote. If the vote doesn't come back like the majority of the comments we're getting at council, then they have to live with that decision."

Third Ward Councilman Leon Laylin said, "We've heard your complaints. We've addressed them to the best of our ability in the contract that's been presented. I feel we've got to look at the contract's strengths. Base your opinion on what we've asked them to do. If they don't live up to it, we get rid of them. It's the same as hiring an employee in a business. If they do a poor job, you fire him. If they do a good job, you reward him. If Coloma does an excellent job over the next three years, which is the term of this contract, we keep them. If they don't, they're gone, and we live with that. Based on people who have contacted me, it's running almost seven to eight out of 10 for no taxation, irregardless of what we do. The other two want the service, but they don't want the taxation, either. Only one would commit to paying whatever tax it takes to make happen whatever we do."

"When I look at that against the strength of the contract," Laylin said, "and the fact I don't have to tax the people who are making decisions between groceries and medication, I have to lean in that direction. For myself, after going to Coloma and going through its facility and talking to its billing agency as to how it operates, the whole nine yards, and on the strength of the contract that's been put before me, I think that's the way to go."

'We can't afford

any tax increases'

The other Third Ward voice, Dr. Charles Burling, said he sees 75 people a day in his dental practice, or about 300 every four days.

"Of that 300, probably 100 are actually registered voters," he said. "I can't really justify that 50 percent of the people in here are registered voters. Although you're here and concerned and care, that's a pretty small number compared to the community at large. Darron, I got two calls and I had a wonderful conversation Friday morning with Jo Anne Wood.

"The overwhelming comment to me is, 'We can't afford any tax increases. We cannot afford any kind of subsidy on our taxes. Whatever you can do to provide coverage without increasing our taxes is the way you should do.' I didn't have one person say they would be willing to pay additional taxes," said Burling, who also chairs the hospital board.

"The contract is written so we can get out of it pretty easily if the service is inappropriate or not at the standards we would expect for the citizens of the community. I'm going to follow that advice to 'give it a try' and not levy a tax. Two things are very apparent. I would hate to burn bridges with Life EMS. It's one of the premier ambulance services in Michigan. I told Mark Meijer from Life EMS that today. We've got some of the most gifted and dedicated employees in the ambulance business in the Dowagiac Volunteer Fire Department group that still serve here. I woud hope we could retain those people because those really are our people and they have been willing to step up in emergency situations. They fight that cold to take care of us. It would be wonderful if we could bring them into the fold."

Edwin Darr was the only audience member who spoke in favor of the Coloma contract.

After consulting Councilmen Leon Laylin and Dr. Charles Burling and Wayne Township Supervisor Dr. Frank Butts, chairman of the Cass-Van Buren Emergency Services Authority (CVBESA), "I'm convinced they have thoroughly researched all aspects of the contract with Coloma Emergency Medical Service. As a concerned citizen, I also called the owners of (CEMS) and asked questions that were answered to my satisfaction. I received brochures on their services in two days. My admonition to this council on Sept. 10 was to look into this urgent situation and to make sure we have an ambulance service that can get us to the new emergency room at our local hospital in a timely and safe manner. This, I believe, you have done with an option in the contract that if the services are not performed properly, the contract could be terminated on short notice. Another reason for favoring CEMS is that the tax millage proposal would not need to be considered. It would be voted down, as were millages for Southwestern Michigan College, Lake Michigan College, Cass County Road Commission and others. It would probably take 1.25 to 1.50 mills taxation at today's rising prices to fund a Dowagiac Ambulance Service properly.

"I'm of the opinion that taxpayers are not ready to accept any tax increase of any kind," Darr said. "All of you on this council have been elected to do the business of this community with the best interest of all the citizens. I urge you to vote in favor of the recommendation of the Cass-Van Buren Emergency Services Authority securing Coloma Emergency Medical Service as the provider for ambulance service."

According to the seven-page agreement, if either party commits a material breach it fails to correct within 30 days after receiving from the other party written notice of the breach which specifically describes the breach, the other party, at its option, may terminate the agreement immediately or at any designated time by delivering to the breaching party written notice of termination.

If the contractor loses any required license or certification, the authority may terminate the agreement immediately upon written notice to CEMS. The agreement may also be unilaterally terminated by either party by providing written notice of its intent to do so not less than 90 days in advance of the proposed termination date.

Darr said he first reached out almost four years ago, on Feb. 20, 2004, to try to right the "floundering" Dowagiac Volunteer Fire Department Ambulance Service by re-establishing subscriptions or seeking a millage.

"I received no response. I made three other attempts since that date to help them get on track. We had to do something to keep the ambulance service viable, but nothing was done. I more or less got booed out of the place. Here we are in January 2008 delving into a problem that should have been dealt with years ago to keep the ambulance service viable," Darr said.

Let the people decide

Danum Hunt, the former Police Athletic League (PAL) director and husband of Councilwoman Lori Hunt, said, "This decision already seems pre-determined. These people sitting in this room are the same ones who elected you to represent, involve and include them in the decisions to be made in their community. This is a matter for people of the community to decide - not the council. The people are yelling 'no' or 'at least let us vote.' If you fail to do that, you have failed your duties and obligations to the same people who elected you. The simple solution is to let the people exercise their constitutional right and vote."

Councilwoman Hunt's mother, Esther Simpson, struck a similar chord in her remarks: "City Council, please allow we the people of the community the opportunity to decide which ambulance service will take care of us. I realize this has been a very long and tedious process. However, it is my belief that your failure to do so has taken away one of our inalienable rights as citizens of this great United States of America. I'm referring to liberty - the possibility of searching and experimenting ... I'm not here to place blame or throw rocks. I believe some of you have done your due diligence in researching the data you have been given. I know you have heard and received a lot of information for and against CEMS. I'm asking for something simple. Most of the time we residents are okay with our council people making decisions for us. However, this is different and we want to make our own decision. Do we not have the right? Aristotle said, 'If liberty and equality are to be found in democracy, they will be best attained when all persons share in the government to the utmost.' You have only heard from a fraction of the population, whether for or against. Is it too much to ask that the citizens be given the opportunity to exercise their right to vote, which in my understanding is never dependent on the cost it would take to facilitate."

Jo Anne Wood said only once in her 39 years in Dowagiac did citizens decide an issue - defeating the rental inspection ordinance in 2003.

"I ask all of you to bring this to the people and let them decide," Wood asked. "We have a right to voice our opinion."

Former ambulance director Robert Nelson said the former Dowagiac service operated for 37 years.

"Members were working with the city staff on a pretty good plan. We understand Rose and our department heads are an extension of you, so I'm assuming that you as council reviewed those plans. Cities the size of Dowagiac - Three Rivers, South Haven, Allegan - Allegan is probably going with Life. (Fire Chief Harold Munson) has been very public that EMS is not part of his department. We lost our ambulance service, we lost a couple of employers and we had a city manager who was in and out like a flash. I was a little upset when I heard our acting city manager visited Coloma's wonderful facility and great operation. No doubt they are. When I was director nine or 10 years ago, they were a little bit of a threat to us. We could only support 1 1/2 ambulances in the city. Borgess-Lee Memorial adopted a rule about a year ago, too, where any transfer out of that hospital had to be advanced life support, thus enforcing a second paramedic ambulance. I think the major financial reason we went out of business was trying to add that second paramedic unit," Nelson said, looking to another former director, Jackie Evans, for confirmation. "Correct," she said.

"We tried to keep up with the times," Nelson said. "I'd love to vote on a millage for EMS and a great fire station. It is hard times, as Mr. Darr said. When Rose says in the paper Coloma has wonderful facilities, I know if I'd $6 million or $8 million over the last 10 years, we'd have a really nice facility here, too. That would be like me telling you, 'Go to Niles, they've got a helluva fire department.' That's not fair. Where our acting city manager lives they have a really nice ambulance facility, too, but when she opens her tax bill, there's twentysome dollars added.

"This $300,000 or $400,000 Coloma receives in tax subsidies enables him to do this - to come up here for 'free.' Down the road, if it doesn't work and he does come for tax money, we could only do 1 1/2 ambulances for 37 years. Life is requesting $60,000 or $70,000 to do it. The authority saying something like that is disingenuous to those of us on the ambulance for a number of years. I know Coloma for 'free' is on the tip of your mind. I personally would find a way to keep Life, which absorbed all of our employees, including several Dowagiac graduates. Some of them will go with Life to another town. Allegan, perhaps.

"If I had an extra $1 million six or seven years ago when Cassopolis ambulance went out of business and nobody cared, we'd have snapped that up, like Coloma's able to do here," Nelson stated.

Kathy McFadden, who lives in Van Buren County, said Berrien and Van Buren subsidize CEMS, so are watching to see what happens.

"What are you guys going to do when (Brian Balow) comes to you for a subsidy in the next six months or year after he loses or has his subsidies reduced in the other counties where he operates? Right now he's using those monies to operate here for free and people in Berrien and Van Buren aren't going to tolerate that very long," McFadden said.

Indian Lake Assistant Fire Chief Bryan Huggins corroborated Sister Lakes Capt. Anthony Lozada's complaint at the council meeting the previous Monday about a Dec. 18 incident.

"I also witnessed it," Huggins said. "In my opinion, the first Coloma ambulance was not adequately staffed for what they were responding to and they arrived in a reckless manner," which he defined for Murray as a high rate of speed on snow-slicked roads. "You could literally smell the brakes burning up. He slid to a stop when he arrived on the scene."

"That right there should concern everybody, that they came in a reckless manner," Huggins said. "They refused to disregard the second unit. How long are residents here going to have to wait for that second unit to be able to transport? It's obvious that somewhere there was an ambulance with only one person in it covering an area. He made that very clear in his rebuttal that Ms. Scherr put in the paper. This needs to be addressed. All I'm asking is that you guys look into this further before you make a decision.

"I have worked with both Coloma and Life and Dowagiac. I've been in emergency services going on 15 years. Life would be best to handle this. They always look professional and they always act professional and they're always there when you need them," Huggins said.

Interim City Manager Rozanne Scherr, who represents Dowagiac on the CVBESA, noted it at Wayne Township Hall Jan. 17 voted unanimously to recommend a revised agreement with CEMS for ambulance services.

This recommendation came after several months of substantial review of Coloma's operation, said Scherr, who recommended CEMS for City Council consideration as "the ambulance service that will best fit the needs of our citizens" based on:

€ CEMS will not impose an additional tax burden on Dowagiac citizens.

€ All governmental units they service were contacted for references. All spoke highly of CEMS's quality of care and their overall satisfaction in working with them. State officials and local medical control directors were also contacted and no concerns were found.

€ City Finance Director David Pilot reviewed CEMS's financials and found them to be very acceptable. The city's auditing firm also reviewed the financials and found them to be in line as compared with other ambulance entities it audits.

€ CEMS will offer additional coverage hours in the area, from the current 1.5 fulltime ambulances to two fulltime ambulances in the service coverage area.

€ CEMS services include wheelchair transport services, memberships to control "out of pocket" expenses and they founded the Special Task Force - Yellow Ribbon Suicide Prevention Program.

€ Cost comparisons for user rates between CEMS and Life EMS indicate comparable charges to customers.

€ Current ambulance workers will be eligible to hire in with CEMS. Additionally, CEMS would like to establish a hub for its service in Dowagiac, thus bringing more jobs and activity to the community.