BrandonInfo.com

blog 12/31

How does Brandon’s new ambulance ordinance compare to Minnehaha County’s, which now governs Brandon’s surface ambulance services?

In most sections, the county ordinance goes into more detail than the city’s. The city ordinance states that all services licensed by the city must be licensed first by Minnehaha County, or must provide documentation that they meet all the requirements of the county ordinance as well as the “different or additional provisions” of the city ordinance.

An example of “different provisions” would be the amount of insurance required. The city requires less. An example of “additional provisions” would be that the city requires disaster training and the county does not.

But it is unclear what is or is not required when the city ordinance does not address topics that are in the county ordinance. For example, the county requires that records be kept of all calls. The city makes no mention of call records. Does that mean the city ordinance defaults to the county ordinance on that point, or would the city’s omission of a record-keeping section be considered one of the “different provisions?”

It’s your duty to be informed, and to let your city councilmen know how you feel about the city’s emergency services. The complete Brandon ordinance can be found on this blog.

Ordinance MC31-02, for licensing surface ambulance service in Minnehaha County, can be found online at www.minnehahacounty.org/ordinance/licensing_ambulance/MC31-021.pdf. (CLICK ON LINK BELOW)

Here is a more in-depth analysis of the differences.

Licenses required: Both are the same except the county makes provisions for licenses issued by municipalities or private contracts.

License term: County is four years. City is one year.

Quality assurance/oversight: The county may contract for quality assurance review, with six areas of review specified. The city will have a Safety Committee but doesn’t specify any areas of review. Neither states qualifications for persons who do the quality assurance or oversight.

Vehicle specifications: The county requires vehicles to meet state standards. The city requires vehicles to meet Sioux Falls Regional Emergency Medical Services Authority standards.

Response: The county requires acknowledgement within 60 seconds of a request and ambulance en route within 10 minutes. The city lists no response requirements.

Staffing: The county calls for compliance with state standards. The city requires at least one EMT (driver) and one emergency medical technician-paramedic.

Medical director/control: The county requires a doctor with staff privileges with at least one acute-care hospital in the county. The city requires a doctor but does not require hospital staff privileges.

Insurance: Both call for $1 million in insurance for employee professional liability coverage per incident. The county further requires $500,000 property damage per incident, $500,000 personal injury for one person per incident and $1 million personal injury in the cumulative per incident, plus an umbrella policy of $1 million per incident. The city requires an annual aggregate (total) of no less than $2 million.

Equipment: The county requires equipment to meet state standards. The city requires equipment to meet REMSA standards and sets guidelines for equipment inspections annually.

Licensing: The county, in a section of the ordinance, outlines what information must be included in the license application, with 15 items listed. The city lists required information on various topics in sections relating to that topic.

Geographical boundaries: The county issues licenses for specific geographical areas with a priority to not overlap boundaries. Any service wanting a license for an area already covered by another service must show that a need exists for more than one ambulance and that a second service will not affect the ability of the first to do its job. The city allows for more than one service.

Safety and sanitary standards: The county lists 10. The city lists none.

Record keeping: The county requires records to be kept of all calls. All records must be kept for at least five years and must be available to the county for quality assurance purposes. The city lists no record keeping requirements.

Confidentiality: The county provides for confidentiality of records. The city lists no confidentiality requirements.

Disaster training and response: The county lists no disaster training or response requirements. The city requires services to take disaster training. The city allows for licensed services other than the contracted service to respond to calls in emergencies such as bad weather (tornado or blizzard).

Suspension, revocation: The county requires a hearing to determine if a license should be revoked. The city requires a hearing only if the license holder requests one.

Enforcement: The county states that any ambulance that conducts service without a license is guilty of a class 2 misdemeanor. The city lists no noncompliance consequences.

www.minnehahacounty.org/ordinance/licensing_ambulance/MC31-021.pdf

Gerald Ford spoke at the Sioux Falls Arena Oct. 16, 1974. I was there and I have to admit that I fell asleep during his speech.

Were you there? Did you get to shake the president’s hand? Do you have any Gerald Ford stories to tell? Please share them with us here.

Ford was president of the United States from 1974 to 1977 and was the only president who wasn’t elected to office but instead was appointed.

Here is the complete text of the new Brandon ambulance ordinance, which goes into effect Jan. 2:

ORDINANCE #381

AN ORDINANCE OF THE CITY OF BRANDON, SOUTI1 DAKOTA, COVERING THE
PROVISION AND LICENSURE OF AMBULANCE SERVICES WITHIN THE CITY LIMITS AND PROVIDING PENALTIES FOR VIOLATIONS.

BE IT HEREBY ORDAINED BY THE CITY OF BRANDON:

WHEREAS, South Dakota Codified laws at 34-11-1 authorizes municipalities to provide
ambulance service within their boundaries and to regulate persons providing such services; and

WHEREAS, the City of Brandon has an interest in regulating the provision of ambulance services in order to protect the safety, health and welfare of its citizens; and

WHEREAS, the City of Brandon has determined that the safety, health, and welfare of its
citizens will be served when the provision of ambulance services is performed by persons
certified within the parameters of South Dakota state law, the Minnehaha County Ordinance governing ambulances, and this ordinance; and

WHEREAS, the City of Brandon desires to regulate the provision of emergency medical services
delivery on the surface streets, highways and roadways of the City of Brandon; now, therefore,

BE IT HEREBY ORDAINED:

6-7-1 LICENSES REQUIRED
No person shall operate a surface ambulance service transporting patients from within the City of Brandon, nor advertise or offer such services to the public, unless the operator of such service shall have first obtained a surface ambulance license from the City.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-2 DISPATCH REQUIRED
No licensed ambulance service shall respond to calls within the City which are 911 emergency calls except the licensed service which is dispatched by the Minnehaha County 911 Dispatch Center.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-3 ADOPTION OF STATE LAW AND ADMINISTRATIVE RULES
The City of Brandon hereby adopts all provisions of the law of the State of South Dakota contained within SDCL Ch. 34-11 , SDCL Ch. 36-4B and the underlying sections of the Administrative Rules of South Dakota (ARSD), as all of those provisions may be from time-to-time amended, except for such different or additional provisions as are included in this Ordinance. Each service seeking licensure from the City of Brandon shall provide proof of licensure by the State of South Dakota.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-4 ADOPTION OF COUNTY ORDINANCE
The City of Brandon hereby adopts all licensor requirements and provisions of Minnehaha County Ordinance MC 31-02, except for such different or additional provisions as are included in this Ordinance. Each application for licensure shall include:
A. Proof of licensure by Minnehaha County, SD, or
B. Shall provide to the City the documentation indicating the service meets all requirements of Minnehaha County Ordinance 31-02. Each applicant must also meet the different or additional provisions that are included in this Ordinance.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-5 ANNUAL APPLICATION
Each service seeking a license shall apply to the City annually therefor and shall pay an application fee as indicated in SDCL 34-11-4, as may be from time to time amended.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-6 INSURANCE
Each licensee shall hold the City harmless from all liability for damages to persons or property arising out of the operation of the ambulance or from services preformed pursuant to the license. In addition to comprehensive liability insurance, naming the City of Brandon as a named insured, each licensed service shall have no less than $1,000,000.00 per occurrence employee professional liability insurance with an annual aggregate of no less than $2,000,000.00. Certificates of insurance showing the City as a named insured shall be filed with the City at the time of application of licensure.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-7 EQUIPMENT REQUIRED
Each service seeking licensure shall include on each ambulance placed in service within the City of Brandon the same supplies and equipment as are required by the Sioux Falls Regional Emergency Medical Services Authority, (SF REMSA) and each licensed service shall have its equipment inspected pursuant to those requirements annually no sooner than November 1st for the following year’s application. Copies of the inspection report shall be attached to each application. The initial application for licensure shall be accompanied by a copy of a report of the inspection of the applicant’s supplies and equipment, which inspection shall have been conducted in accordance with the requirements for supplies and equipment of SF REMSA, and shall have been conducted no more than sixty days prior to the date of the application.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-8 STAFF REQUIRED
Each licensed service shall be staffed at all times with at least one person certified as an EMT (driver) and at least one “emergency medical technician-paramedic” in the State of South Dakota as provided in SDCL 36-4B-1(9), who shall provide patient care.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-9 MEDICAL DIRECTOR
Each licensed service shall have as its medical director a general practice physician who is licensed in the State of South Dakota and documentary proof of licensure shall be attached to the application.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-10 REQUESTED SERVICE BY CALLER
In the event that more than one surface ambulance service becomes licensed in the City of Brandon, the Minnehaha County 911 Dispatch Center is hereby permitted to dispatch a licensed service other than the City’s contracted 911 provider, if the caller requests a different licensed service by name.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-11 DISASTER TRAINING
Each service licensed in the City of Brandon shall participate in disaster training exercises when requested to do so by the Minnehaha County Emergency Management Office or any state or federal disaster agency.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07
6-7- 12 DISASTER RESPONSE
In the event that a 911 emergency incident occurs in Brandon simultaneously with some other situation, such as bad weather, (tornado or blizzard) which situation prevents the City’s contracted 911 provider from responding to the emergency incident within the City, the City’s Police/Volunteer Fire Dept Incident Command may request that other surface ambulance services that are dispatched by the Minnehaha County 911 Dispatch Center, or services which are available for dispatch, may respond to the incident. When responding to such a call, a licensed service will not be considered to have violated the provisions of this ordinance.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-13 DENIAL OF CERTIFICATION OF DRIVERS
In the event that the State of South Dakota Department of Public Safety or Minnehaha County shall propose to deny the issuance or renewal of a certification of any driver, attendant or service, as provided in SDCL Ch. 34-11, SDCL Ch. 36-4B, or Minnehaha County Ordinance 31-02, the licensed ambulance service for which that driver or attendant is employed, or the service itself, shall notify the City of such proposal by the Department of Public Safety or Minnehaha County. Notification shall be provided to the City in writing forwarded by first class United States mail. This notification to the City of action taken by the State or County must be mailed to the City within 24 hours of receipt of such notice by the driver, EMT, paramedic, attendant, or licensed service which receives said notice from the State or County. No notifications provided to the City shall violate any provisions of state or federal law relating to patient confidentiality.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-14 OVERSIGHT PROVIDED BY SAFETY COMMITTEE
Oversight of each licensed ambulance service shall be provided by the Safety Committee of the City of Brandon. A representative of each licensed ambulance service shall attend Safety Committee meetings when requested to do so by the Committee. The representative(s) of the licensed service shall respond to questions from Committee members. Neither the questions nor the answers shall violate any state or federal patient confidentiality laws or regulations.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-15 CITY DESIGNATED MEDICAL DOCTOR
The City of Brandon at its option may by resolution designate a medical doctor having staff privileges at a major trauma center hospital in Sioux Falls, SD, to conduct a review or reviews of licensed services, their employees, and each request for service to which a licensed ambulance service responds within the City of Brandon, in conformance with the provisions of the Minnehaha County Ordinance. Each licensed ambulance service shall comply forthwith with requests by the City’s designated doctor for information, copies of reports and correspondence, and so forth. The medical doctor and licensees shall at all times follow state and federal regulations regarding patient privacy.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-16 REVOCATION, NON RENEWAL, PR SUSPENSION OF CERTIFICATION
In addition to the grounds for revocation, non renewal or suspension of certification identified in South Dakota law and administered by the SD Department of Public Safety and Minnehaha County, the City may additionally suspend, revoke, or not renew a license issued by the City for the failure of a licensed ambulance service to follow any of the provisions of this ordinance. Specific grounds for revocation, non renewal or suspension of the license issued by the City include, but are not limited to, the following:
A. Failure to meet and follow the requirements of State law;
B. Failure to meet and follow the requirements of Minnehaha County Ordinance 31-02, except as otherwise noted within this Ordinance;
C. Failure to provide at least two persons in each ambulance on each call; one of whom is a certified EMT and the other of whom is certified and licensed as an “emergency medical technician-paramedic”;
E. Failure to continue in full force and effect the liability insurance referenced in section 6-7-6 herein, with the City as named insured;
F. Failure to respond to an incident when requested to do so by the Brandon Police/Fire Dept Incident Command;
G. Failure to notify the City of proposed non-licensure, non-renewal, or revocation of certification of any personnel, or of the service, as indicated in Section 6-7-12 herein.
H. Failure to respond promptly and fully to requests for information from the Brandon Safety committee or from the City’s designated doctor.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

6-7-17 SUSPENSION, REVOCATION OR NON RENEWAL REQUIREMENTS
The City shall provide a licensed service with written notice of the City’s intent to suspend, revoke, or not renew a license granted hereunder. Upon receipt of such notice from the City, the licensee may, within five days of the mailing of the City’s notice to the service, make a written request for hearing, which written request shall be mailed to the City by first class mail. Upon receipt of such a request, the City shall cause to be held an administrative hearing at which the City and the licensee shall present testimony and evidence. The South Dakota rules of evidence shall apply at such hearing, which shall be conducted by a law-trained hearing officer or administrative law judge who shall be chosen by the parties but paid by the City. The hearing officer or administrative law judge shall enter a decision in writing, stating the reasons therefor, within twenty days of the close of the testimony and evidence. A record of such hearing shall be kept by a court reporter, and the parties shall share the cost of the reporter. The party appealing the decision shall pay for an original of the transcript to be provided to the Court, and each party shall pay for their own copy of the transcript. Appeals from the City’s decision shall be made to the Second Judicial Circuit Court pursuant to SDCL Ch. 1-26.

Legislative History: Authority:
1990 Revisions. SDCL § 9-34-1.
Ordinance No. 381, 1/2/07

Adopted this 21st day of February, 2006.

______________________________
Larry D. Beesley
ATTEST: Mayor

_____________________
Dennis E. Olson
Municipal Finance Officer
(SEAL)

First Reading: February 21, 2006
Second Reading: December 4, 2006
Published: December 13, 2006
Effective Date: January 2, 2007

What are Brandon’s bests and worsts for 2006? Here are a couple-three suggestions, but this blog definitely welcomes – indeed, strongly encourages – additional categories and answers from the public.

(Did you know that anybody can post here? Yes, even you.)

Best reason to celebrate being almost last: Brandon Valley School District spent only $4,635 per student last year, putting it in 162nd place out of 165 districts in the state.

Most surprising thing about a political figure: Dist. 10 Representative Roger Hunt won’t reveal who gave $750,000 to a group supporting the abortion ban.

Least surprising thing about a political figure: Bill Janklow got his law license reinstated.

Worst ordinance approved: The ambulance ordinance, which is scheduled to go into effect Jan. 2. It relaxes the requirements for emergency services in Brandon. The city’s existing service, Rural Metro, exceeds Brandon’s requirements, so it doesn’t seem like the new ordinance would be a problem. But if, for whatever reason, Rural Metro doesn’t contract with Brandon in the future, the city becomes vulnerable to services that may not adhere to such high standards.

Saddest goodbye: To George Gulson, who retired as Brandon Valley superintendent.

Have you dropped off your Brandon receipts in the blue box at Sunshine yet? You have only until Sunday to “vote” for one of five worthy local organizations: Brandon Valley Band Parents, Brandon Valley Youth Softball Association, Brandon PTA, Brandon Volunteer Fire Department Auxiliary or the Mighty Corson Art Players.

Wow, what a hard choice. All are good groups. The group that gets the highest total dollar amount of receipts in their slot gets $1,000 from the Brandon Valley Area Chamber of Commerce.

A question to the leaders of the groups: If your group wins, what will you do with the money? Do you have a specific purpose in mind for it, or will it go into your general fund for regular operating expenses?

Brandon’s getting so big I haven’t had a chance to drive through all the streets to see the lights on the houses.

There are some dandy displays out there though. Mostly I’ve seen the displays on the west side of town.

Which are your favorite decorated houses? There are only a few more days left to look at the lights, and it would be a shame to miss any of the best displays in town.

A triple stabbing in Brandon less than 26 hours before Christmas. Don’t people know how to behave any more? Please, vow right now to never contribute to this kind of (insert here your favorite word that conveys disgust). Please, vow right now to always set a good example for others. It’s the least we all can do.

On Tuesday, eight Living Springs Covenant Church members will head to New Orleans to clean what used to be a church.

Hurricane Katrina wrecked the church in 2005, and the Brandon people hope to wash down the place with bleach to stop mold growth. Maybe the church can be used again.

Is the New Orleans church also a Covenant Church? Will the Brandon people be joined by any of the former church’s members, or maybe other volunteers?

I hope so, because it sounds like the building, and many others like it, still need a lot of elbow grease and loving care.

Kudos to the Brandon folks who will be heading south Tuesday. Have a safe journey and, when you return, let us know how the trip went.

Buildings have disappeared on Rice Street – why?

Recently, a small house and garages on Rice Street, north of Waste Management, were razed. What’s the story behind that? Was someone living there? If so, where did they go?

Is something else going to be built there? If so, what? It looks like some dirt work is being done. How is that land zoned? Is it possible some industry or commercial enterprise will go in there?

Someone, please fill me in. I drive past there every day on my way to work, and I’m curious.

The Brandon City Council will hold interviews for an open Ward I council seat beginning at 6 p.m. Jan. 3.

The vacancy was created when Alderman Steve Kolbeck was elected Nov. 7 to the South Dakota Public Utilities Commission. His resignation is effective Dec. 31.

Mayor Beesley and the Council are right that the seat shouldn’t remain vacant until the next city election, which will be April 10. Whoever gets elected that day will take office May 7.

But who should represent Ward 1 until then, along with Brett Karber, the other Ward 1 Alderman?

It would be nice to see a female presence on the Council. Currently, the mayor and all the councilmen are of the male persuasion. Seems a little lopsided.

Think about it, women. The six council members make city decisions that affect all of the nearly 8,000 Brandon residents. There should be at least one female voice on the Council.

The other day, I overheard two women talking about the upcoming holidays. One said the holidays are sort of humdrum because all her immediate family lives nearby and she sees them all the time anyway.

The other said she’d be happy to trade her eight-hour Christmas drive.

The grass is always greener, isn’t it? Or, considering the season, maybe I should say the snow is always whiter.

Whether the relatives are far or near, both have their advantages. Sure, it’s a lot of work to load everything and start early enough to get to Grandma’s in time for dinner. And the drive home late in the day is, well, late. But it sort of sets the day apart from the rest of the year.

The drive is a lot more convenient if you live close to the relatives, but there’s not a lot of catching up to do, especially if you see them often.

How about you? Will you be traveling over the river and through the woods this year? Or does Grandma live nearby?

Or will you be hosting a flock of family and friends who will be traveling to Brandon for Christmas?

This blog pontificates on all things Brandon. You can post your own comments to expand on something you read here, agree with it or disagree. Vehemently, even.

You can bring up new topics or ask questions, and together, we’ll search for the answers.

And while this blog is dedicated to our fine city – the 12th largest by population in the great state of South Dakota – no topic is off limits, really.

So let’s begin.

I read in this week’s Brandon Valley Challenger that the new First National Bank, at the corner of Splitrock and Holly boulevards, will be open in January.

What do you suppose will go into the current bank building? I know, Phil Johnson, vice president and senior operations officer for First National, said the company plans to let the building sit idle for a while.

Still, I can’t help but ponder what might be the best use for the building.

Certainly it’s set up as a bank, but just as certainly, it wouldn’t be good business for First National to sell or lease the building to a competitor.

What would you like to see the current First National Bank building become in the future? Post your suggestions here. In the mean time, here are a few suggestions:

There’s plenty of parking, so the building easily could be used for some type of retail store. A clothing store, maybe. We haven’t had one of those in Brandon for quite a while.

Or maybe the building could be a daycare. I hear there is a big need for those in Brandon.

With that drive-through window, it might make a good liquor store. We already have one of those, but competition is good for the economy, yes?

Or, we could think big. Maybe the Brandon Valley Area Chamber of Commerce could move into the building, which would give the Chamber more opportunities to provide services for the community and for the many people who drive through the town. Chamber members could set up exhibit areas. The building could include a Brandon gift shop. And there would be lots more room to display members’ brochures, business cards and other promotional materials.