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Friday, 06 November 2009 |
By KATIE MARTIRE
Managing Editor
“This ordinance violates every principle I believe in,” said Randy Hinds, Guymon City Councilman. The special City Council meeting held Tuesday evening had strong opinions voiced by each side concerning the matter of amending Ordinance No. 751, part 8, a new chapter 9 called hospitals, ambulatory, surgical care facilities and imaging center; in providing for definitions; providing for a permitting process; providing for an application for permit and content thereof; requiring certain filing fees; providing for issuance, denial and effective date of permit and providing for severability; providing for repealer and declaring an emergency.
Council members received phone calls and emails from the hospital employees and also citizens opposing and agreeing with the ordinance.
The argument was brought forth that the ordinance was drawn up to strictly impact one individual, former MHTC contracted Radiologist Dr. Robert Williams who placed a mobile CT Scanner facility near the hospital.
Dr. Martin Bautista was present to argue the unjust effect this ordinance will cause. “This situation is basically unfair, said Bautista. “If I want to add an existing x-ray to my clinic, I now have to file a $10,000 filing fee, anyone who reads the amendments will see it is so unfair. Ten thousand dollars to see what the planning committee thinks, a feasibility study that may take 14 years to finish will have to be paid by myself, again for one little x-ray.” Bautista spoke of his encouragement for MHTC as well. “I need this hospital more than anyone in this room, I depend on this hospital for my livelihood, I depend on it for my three children who were born here,” said Bautista. “This is not a level playing field, it never has been, the hospital does not have to pay taxes. The point is this is a blatantly unfair ordinance that has no room in our hospital. Let the hospital compete.”
“This ordinance was drafted and crafted by the District Attorney Mike Boring at no charge,” said CEO of MHTC Jim Grocholski. “It was then given to the City Attorney David Petty, who rewrote it to fit the city ordinances for no charge to the hospital, our attorneys Crow & Dunleevey did the research on the liability for any municipality under the Federal Anti-Trust Act, there is no liability,” Grocholski brought an attorney from Crow & Dunleevey to speak about the legalities of the ordinance with documented cases, one of which was in Muskogee, Okla., where four individuals attempted to open a hospital next to the existing hospital, the ordinance was passed.
He explained to the board the impact would be detrimental to the existing hospital if any of the previously mentioned facilities were to be opened, even having to lay off employees and potentially close the emergency room due to the funding lost by a business such as Dr. Williams portable imaging trailer.
Councilman Hinds asked Grocholski if the Hospital was prepared to be liable for 50 percent of damages if the City were to be sued over the passing of this amendment. Grocholski informed the board his attorney advised him there would be no damages.
Mayor Kenny Huckins expressed his strong concern for keeping the hospital open but he felt very uneasy about the legalities of it all. “I am a person who likes to dot my I’s and cross my T’s and I really don’t feel as though that is the case here,” said Huckins.
Overall, three to two, the board voted against passing Ordinance.
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Last Updated ( Friday, 06 November 2009 )
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