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SFD Special November Board Meeting

~ DRAFT ~SPECIAL BOARD MEETING
Station #1 – 2860 Southwest Drive – West Sedona – Multipurpose Room
Tuesday, November 29, 2011 / 5:00 PM

~ MINUTES ~

I. CALL TO ORDER/ROLL CALL

Board Present:

David Blauert – Chairman

Craig Dible, Phyllis Erick – Members

Board Absent: Charles Christensen – Clerk, Ty Montgomery
Others Present:

Terry Keller, Interim Fire Chief

Sandi Schmidt, Finance Manager

Tricia Greer, Recording Clerk

Approximately 5 Members of the Public
Blake Whiteman, Attorney Patrick Whitehurst, Red Rock News

II. SALUTE TO THE FLAG OF THE UNITED STATES OF AMERICA AND MOMENT OF SILENCE TO HONOR ALL AMERICAN MEN AND WOMEN IN SERVICE TO OUR COUNTRY, FIREFIGHTERS, AND POLICE OFFICERS.

Chief Keller led the Pledge of Allegiance.

III. PUBLIC FORUM.

There was no request from the public to address the Board during the Public Forum.

IV. BUSINESS

A. Discussion and Possible Action on Fire Chief Search Committee items as follows:

1. Request for Ridenour, Hienton & Lewis as outside legal representation for the Fire Chief’s Committee.

Mr. Blauert commented this request was approved by the Fire Chief Selection Committee. Mr. Dible then moved to approve the request; Mrs. Erick seconded, and the motion passed at 3 to 0.

2. Request Palmer Investigative Services for background checks of candidates for the new Chief’s position. This approval would be subject to final approval of an agreement between SFD and Palmer Investigative Services. Mrs. Erick moved to approve the request of the Fire Chief Committee; Mr. Dible seconded and the motion passed unanimously at 3 to 0.

3. Date changes and postal requirements for the “Hiring Process and Tentative Dates” document from December 31st to December 29th and change verbiage to “the deadline for applications to be received by the Sedona Fire District”. Mr. Blauert said this item was previously approved by the Board on November 16th.

4. Salary change for Fire Chief from $120,000 – $150,000 to $97,000 – $140,000. Mr. Blauert commented this item was also previously approved by the Board on November 16th.

B. NEW BUSINESS

1. Discussion/Possible Action to change December Fire Board Meeting from December 21st to December 14th due to holiday season and hold the Budget Workshop prior to this meeting.

Chief Keller suggested combining the Budget Workshop tentatively scheduled for December 8th to coincide with the rescheduled Board meeting on the 14th, perhaps beginning at 4:00 PM for the Workshop and 6:00 PM for the regular Business meeting. Mrs. Erick commented she had a work conflict at 4:00 PM on that date, but she had no problem if the other Board Members wanted to proceed on that date. Mr. Blauert asked Ms. Greer to confirm with Ty Montgomery and Charles Christensen that they would be available. Mrs. Erick moved to reschedule the December Fire Board meeting and the Public Budget workshop to December 14th subject to availability of a Board quorum; Mr. Dible seconded and the motion unanimously passed at 3 to 0.

3. Discussion/Possible Action on Agreement with Ridenour, Hienton & Lewis for outside counsel.

Mr. Blauert entertained a motion to approve the Agreement with Ridenour, Hienton & Lewis; Mrs. Erick so moved, Mr. Dible seconded. Upon his request for discussion, Chief Keller asked what would be the purpose of the agreement. Mr. Blauert responded they were reprimanded by Mr. Whittington before for not formally approving a written agreement with counsel. Chief Keller stated he thought SFD already had an agreement with the firm; Mr. Blauert replied that was correct, but Attorney Blake Whiteman reduced the legal fees for SFD, and this Agreement amended that. He then called for the vote on the previous motion which unanimously passed at 3 to 0. Mr. Blauert introduced Mr. Whiteman and asked him to give a presentation about his firm and what he has committed to do to serve the special committee.

Mr. Whiteman said his firm has been in practice for over 32 years in Phoenix with 32 lawyers currently; he chairs the litigation department of the firm and other departments include securities, transactional, commercial real estate, planning and zoning, and municipality. Mr. Whiteman said the firm has represented Maricopa County and the City of Williams in their Board meetings, litigations, and contract negotiations. He stated they had reduced their rate by 20% for SFD and will charge a flat rate for travel to Sedona. He graduated from law school at the University of Iowa; he has two sons that are graduates of and a daughter attending the United States Air Force Academy. Mr. Whiteman said he reduced the rates because he wants to see this Board and fire district succeed and help the taxpayers to streamline when appropriate. He said there has been a level of “toxicity” at the Board meetings that is unfortunate because he believes everyone has the same goal to protect the citizens of the community in a responsible, tax-saving manner. He believes it would be best for all if civility ruled and all sides waited until all information was available before having discussions and making decisions within the bounds of the law to promote what is in the best interest of this community. Mr. Whiteman said he has no “dog in the fight” as far as elections and his role is to give sound legal advice to put the Board’s constituents at minimal, if any, risk. He then asked if there were any questions from either the Board or the audience.

Mr. Blauert stated SFD is lacking HR support and asked if his firm had anyone to help with personnel matters; Mr. Whiteman said his firm has an entire employment department with excellent lawyers. A gentleman from the audience asked if his firm would assign a partner or associate to attend the public meetings; Mr. Whiteman responded he has not been requested to do so, but would be happy to accommodate the Board in that request; he commented they could attend every meeting if that was what the Board wished and the lawyer assigned would be whichever was most familiar with the area needed, such as an employment attorney for personnel issues or a specialist in litigation for those matters; he stated he wanted it to be at the comfort level for the Board. He stated he used to attend all of the City of Williams Board meetings and is familiar with governmental procedures.

A woman in the audience, Wendy Tanzer, directed a question to the Board Chairman regarding having a parliamentarian present at all meetings, rather than an attorney to keep legal costs down; she stated many questions directed to the attorney at meetings could be handled with someone familiar with Robert’s Rules of Order. Mr. Whiteman stated that would be at the discretion of the Board, but it would behoove the Board to have someone available to answer parliamentarian questions to streamline the process.

Mr. Blauert pointed out in the Agreement with the firm that their visitation costs to attend meetings are less than what we were witnessing before, which is a plus if the Board wishes to have their presence; he also said they could have Executive Sessions with Mr. Whiteman through telephonic communication, if needed. Chief Keller asked what the legal fees from Mr. Whiteman’s firm would be, as he had not seen the contract. Mr. Blauert replied it would be $150 for an associate and $200 per hour for a partner; Mr. Dible added it would be a fee of $75 for commuting and $90 for a paralegal. Mr. Whiteman said the agreement addresses the concerns that the Board was being billed for telephone calls and discussions with employees that should not have had the authority to incur those expenses on behalf of the Board; he stated Chief Keller could call their office, but subordinates would need his prior approval to request legal assistance. Mr. Blauert stated their legal costs “got out of hand” and was a “runaway train” and that they are trying to rein that in and will do so. Mr. Blauert asked if there were any other questions.

An audience member, Karen Schmitt, asked Mr. Whiteman if this agreement was for legal help for the Board or for the Fire Chief Search Committee. Mr. Whiteman said this contract covers legal services for the district at the district’s pleasure, which would include work for the committee, staff, or the Board. Mrs. Schmitt asked if it was an exclusive agreement; Mr. Whiteman responded it is not and that the Board could retain as many attorneys as they want. Mr. Blauert said at this time, the request for this firm’s legal help came from the Fire Chief Search Committee. Mr. Whiteman said there was no motion to replace any attorney or substitute this contract for another contract; he said they submitted this new agreement because they wanted to be partners in streamlining SFD’s costs. He said the firm was providing legal services to SFD at a fee just covering their costs of doing business.

Mrs. Schmitt stated her concern is the Board has been using a lot of attorneys which has been very expensive. Mr. Whiteman said the hope is the Board would have one primary counsel, and use other firms if they need help in other specialty areas. Mrs. Schmitt asked Mr. Whiteman if he had experience in fire district law; he replied his firm has handled things far more complicated than fire district law. Mrs. Schmitt said there was some issue with SFD Minutes that a Phoenix attorney, possibly his firm, recommended changes that were not applicable to fire district law and the district ended up paying more to remove the items. Mr. Whiteman said he is not familiar with those circumstances. Chief Keller said he believed that was Mr. Whiteman’s firm. Ms. Greer clarified it was not in our Minutes, but rather citations that were inserted in the language of the Agenda preamble. Mr. Blauert said he could not remember that issue, but asked Ms. Greer to look into the matter. Mr. Whiteman thanked all for the opportunity to talk about his firm.

C. OLD BUSINESS

1. Discussion/Possible Action on Purchase Order #5296 to Walker & Armstrong in the amount of $16,000 for Annual Auditing Services of Fiscal Year 2010/2011. (Finance Manager Sandi Schmidt) (Item tabled from 11/16/2011 meeting due to change in the amount of the PO).

Mr. Blauert said this item was discussed at the last meeting but due to an error on the Agenda causing legal concern, it was moved to this meeting. Mr. Dible moved to approve P.O. #5296 to Walker & Armstrong in the amount of $16,000; Mrs. Erick seconded, and the motion was unanimously approved.

V. ADJOURNMENT.

The meeting adjourned at 5:45 PM.
___________________________________
David Blauert, Chairman of the Board
:tg

 

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1 Comment

  1. Jim, VOC says:

    The other paper did it again. What seems that their reporter stayed for about half the meeting? Maybe he missed the PUBLIC question about that lawyer’s firm MISTAKES that cost SFD lots of money to FIX because there was no mention that the law firm was questioned about that.

    The treatment of committee volunteer Johnson was disrespectful and condenscending and that Phyllis Erick needs a brain transplant and lessons in leadership. Diplomacy is not her strong suit and neither is being a Board member. We look forward to voting her off the board.

    Why are we paying an out of county law firm $75 a trip to attend SFD Board meetings? Doesn’t anyone have a computer with a webcam? Can’t they “attend” from the comfort of their home office? Major corporations use teleconferencing because it’s free and easy – hell even my grandkids know how to “meet” with friends for hours using a web cam!

    As for that law firm, we don’t need to HIRE more screw ups, we’ve elected enough already.

    Thank you for publishing the Minutes without opinion embellishments.

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