Sedona AZ (November 1, 2012) – The SedonaEye.com publishes the October 24, 2012 Sedona Fire District Regular Board Meeting minutes without comment:
REGULAR BOARD MEETING
Station #3 – 125 Slide Rock Road – Village of Oak Creek – Training Room
Wednesday, October 24, 2012 / 4:00 PM
~ MINUTES ~
I. CALL TO ORDER/ROLL CALL.
Board Present: Ty Montgomery – Chairman; Corrie Cooperman – Clerk; Craig Dible, Nazih Hazime, Diane Schoen – Members
Staff Present: Kris Kazian – Fire Chief; Terry Keller – Assistant Chief; Scott Schwisow – Division Chief; Gary Johnson – Fire Marshal; Sandi Schmidt – Finance Manager; Jeremy Harris – Computer Technician; Tricia Greer – Executive Assistant / Recorder to Board
Others Present: William R. Whittington – Board Attorney; Approximately 15 Citizens
Chairman Ty Montgomery convened the meeting at 4:05 PM and entertained a motion for Executive Session;
Board Clerk Corrie Cooperman moved to go into Executive Session per ARS 38-431.03(A)(3) for legal advice and ARS 38-431.03(A)(7) for consultation/negotiations with representative for the listed items; Mr. Dible seconded and the motion unanimously passed.
II. EXECUTIVE SESSION.
A. Vote to go into Executive Session relating to the following items:
1. ARS 38-431.03(A)(3) Legal Advice and ARS 38-431.03(A)(7) Consultation/Negotiations with representative for the possible Purchase, Sale or Lease of Real Property – Re: Sedona Area Property; Easement Issues on Sedona Area Property; other SFD Real Property.
2. ARS 38-431.03(A)(3) Legal Advice and ARS 38-431.03(A)(4) Instruction to Attorney – Re:
a. Lowell Johnson Complaint.
III. RECONVENE INTO PUBLIC SESSION.
A. 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.
Mr. Montgomery led the Pledge of Allegiance and Moment of Silence.
B. Discussion/Possible Action: Follow-Up for Executive Session Items:
1. Sedona Area Property; Easement Issues on Sedona Property; other SFD Real Property.
Mr. Montgomery entertained a motion regarding Item #1; Mrs. Cooperman moved to permit Fire Chief Kris Kazian to proceed as recommended in Executive Session; Board Member Nazih Hazime seconded; upon calling for the vote, the motion passed with Board Members Montgomery, Cooperman, Hazime, and Schoen voting affirmatively and Board Member Dible voting against.
2. Lowell Johnson Complaint.
Mr. Montgomery then entertained a motion regarding Item #2; Mrs. Cooperman moved to authorize legal counsel to pursue the direction authorized by the Board during Executive Session; Board Member Diane Schoen seconded and the motion was unanimously approved.
IV. PUBLIC FORUM.
A. Public Comments.
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Fire Marshal Gary Johnson informed Mr. Montgomery that no one wished to speak during the Public Forum, but one individual wished to speak on a later Agenda item.
B. Executive Staff Response to Public Comments.
No staff response was needed.
V. CONSENT AGENDA.
A. Consent Agenda – Discussion/Possible Action:
1. September 27, 2012 SFD Regular Business Meeting Minutes.
2. September 27, 2012 Executive Session Minutes.
Mr. Montgomery moved to approve the Consent Agenda, as presented; Mr. Hazime seconded and the motion was approved with Board Members Montgomery, Cooperman, Dible, and Hazime voting affirmatively and Mrs. Schoen against.
VI. BUSINESS.
A. Monthly Staff Report – Fire Chief Kris Kazian.
Fire Chief Kazian wished Assistant Chief Terry Keller a happy birthday. He then reported there were no fires for September; he said this was the second least busy month of the year to date and the total incidents thus far this year are 2,931. Chief Kazian said he hopes the Board is finding the monthly reports valuable, as presented, but noted the reports have been used by some individuals as a tool to surmise many different things; he stated the report is merely presenting call summary statistics and static information; some individuals want to use the report as evidence in their letters to him to justify issues and the report is not designed for that purpose. Chief Kazian said this is a statistical report to be used as a snapshot of where we are at this point in the year.
Chief Kazian reported the new Division Chief and Training Officer are working in their new assignments and doing well. He updated the Board regarding the statutorily required insurance policy for Firefighters on Workers Compensation has been purchased and the fee was under the threshold necessary for Board action.
B. Items from Staff:
1. Wildland Fire Update.
Chief Kazian happily reported all SFD personnel and units are back in district and no longer on a wildland fire; we have billed 29 different wildland fires this season; he pointed out wildland fire season actually straddles our fiscal years and the billing breaks down to about 20 fires in this fiscal year and 9 in the last; he said the district expects to generate non-district vehicle revenue of $55,000 for this wildland season alone.
Chief Kazian continues to receive anonymous letters and one regarded the difference between revenue versus reimbursement; he stated non-district wildland billing generates true revenue, as well as reimbursement to pay backfill coverage, etc.
He informed the anonymous individual that there are two separate categories – revenue and reimbursement – and this is actual revenue per SFD’s contract with the State of Arizona to provide wildland services. Further, to clarify to all anonymous letter writers, he cannot respond to your concerns in any other way other than in public meetings; he requested individuals sign their names and he would respond to them directly.
2. September 2012 Financial Report.
Chief Kazian pointed out Finance Manager Sandi Schmidt distributed a copy of the check register to the Board tonight and would begin including it in the Board packets moving forward. Mrs. Schmidt reported SFD is on track for the fiscal year to date. In reply to Mr. Hazime’s question regarding who requested the check register, Chief Kazian said it was in response to a suggestion during the recent Purchasing Policy discussion.
3. Discussion/Possible Action: MOU/SFD and Sedona Police Dept. for Technical Support and Maintenance – SPD Communications Center. (Tabled on 9/27/12)
Chief Kazian said at this point in time, under the wire, this Intergovernmental Agreement (IGA) was done today; he reported legal counsel has provided his approval. This agreement is cleaning up a previous Memorandum of Understanding (MOU) between Sedona Police Department and SFD to provide Telecommunication service and outlines our services, fees, and liability. Mr. Whittington said this agreement
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intended to bring together an IGA with the City of Sedona from 2008, and a subsequent MOU; he said it made sense to combine them to take advantage of technical support; he added statutorily required language. The agreement included an indemnification and compensation provision.
Chief Kazian informed the Board if they are comfortable with staff’s work and Mr. Whittington’s legal recommendation, to approve the agreement tonight. Mr. Dible said the Termination clause in Section E looks clear with either Cottonwood Fire or SFD being able to terminate without cause with 90 days notice because the Communications Center is in flux; Mr. Whittington pointed out this contract does not involve Cottonwood Fire and is not related to the dispatch IGAs previously approved. Mr. Dible asked if SPD expressed an interest in other communication facilities, they could terminate this within 90 days. Chief Kazian explained this is a service agreement for Telecommunication services for the Sedona Police Department and not related to dispatching. Mr. Dible pointed out the “whole set up could change” with the options for dispatching services. Chief Kazian said this is a completely different agreement and that the dispatch IGAs were previously approved. Mr. Dible confirmed either party could get out in a 90 day period if the need occurred; Chief Kazian stated that is correct.
Mrs. Cooperman then moved to approve the Intergovernmental Agreement between the City of Sedona Police Department and SFD for technical communication/consulting services for the SPD Communications Center, as presented; Mrs. Schoen provided a second and the motion was unanimously approved.
4. Acknowledge Receipt: November 6, 2012 SFD Fire Board Election Cancellation.
Chief Kazian provided copies of the legal and County communication stating there would be no election for Sedona Fire District Board on November 6th; and, as a matter of past practice, the new Board Members will be sworn in at the December 2012 meeting.
Mr. Montgomery asked if the cancellation of the election netted the district some revenue; Chief Kazian said there was a very small fee, but that $6,500 budgeted was saved.
5. Discussion/Possible Action: Re-Schedule December Board meeting from Wednesday, December 26, 2012 to Wednesday, December 19, 2012.
Chief Kazian requested moving December’s Board meeting from the week of Christmas (December 26th) to December 19th.
Mrs. Schoen moved to reschedule the December Board meeting to December 19, 2012; Mrs. Cooperman seconded, and the motion unanimously passed.
6. Discussion/Possible Action: Adopt 2013 SFD Fire Board Meeting Calendar.
Chief Kazian proposed a Board meeting calendar for 2013 drafted by staff to consider possible conflicts in the upcoming year, although changes could be made as necessary. Mr. Montgomery asked if the two meetings in the Village of Oak Creek were included; Chief Kazian answered affirmatively and added there would also be a Budget Workshop in the VOC in March.
The Chief stated staff wants a preliminary “kick-off” budget meeting in December, probably at 3:00 PM before the regular meeting at 4:30 PM; this will give the Board an opportunity to give some direction to staff. Mr. Montgomery asked the Board for consensus to agree to the proposed 2013 calendar and received same.
7. Discussion/Possible Action: Approval of Ambulance RFP – Award Contract to Purchase Ambulance.
Assistant Chief Terry Keller reminded the Board that SFD went through a Request for Proposals for vendor bids on our ambulance specifications, and opened them this Monday, as advertised; SFD received four separate proposals, inclusive in that were other options offered, and although they were slightly higher than expected, we can begin to negotiate them down to establish a recommendation; staff will thoroughly review them and make sure the cost of the ambulance is effective and appropriate for district needs. He pointed out while the actual cost of the vehicle may be quoted lower than budgeted ($150,000), that after sales tax, another $5,000 to $10,000 would be incurred; Chief Keller asked the Board to give staff another week or two to figure out which is the best unit to serve the district, and to table this until the November meeting.
Mr. Hazime asked if this ambulance would be an “upgrade” or “status quo”; Chief Keller responded it will be very much like what we have with a similar-sized box and a Type 1. Bids were received from Braun Northwest Ambulance; Emergency Vehicle Group/ McCoy Miller Ambulance; PSS First-In/Horton Ambulance; and Red Sky/Marque Ambulance. Mr. Hazime asked if all equipment will be transferred; Chief Keller stated we will dispose of a current ambulance as it is high in mileage, years and with transmission concerns, and utilize its equipment on
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the new unit. The ambulance we select will be able to have a new chassis remounted at a future date after its initial chassis wears out, which represents a 30% to 40% savings, according to the manufacturers.
8. Discussion/Possible Action: Recent Lightning Strike Damaging Telecommunication Equipment in District; Proactively Minimizing Future Lightning Strike Damage.
Division Chief Scott Schwisow said Telecommunications Supervisor Bob Motz continues to work with the insurance adjustor, which has retained a technical specialist due to the complicated, technical nature of the damaged equipment; the specialist agreed with Mr. Motz that the dollar amount of damage is approximately $180,000; this information has been provided to the insurance company, but to date, SFD has not heard back from the company.
Mr. Montgomery asked what is SFD’s deductible; Mrs. Schmidt replied she is not sure if there would be a deductible on this claim, but if so, it would be $1,000 to $5,000; Mrs. Cooperman asked if there was a timeline communicated from the insurance company; Chief Schwisow replied, no, but the back-up equipment is currently working well. Mr. Montgomery asked if the insurance company was “dragging its feet” and Chief Schwisow replied, he is just getting up to speed, but does not have the feeling they are; however, if so, staff may have to use legal counsel. Chief Kazian assured the Board he is comfortable with progress so far.
9. Discussion/Possible Action: Resolution #2012-11, Disposition of Surplus Property – Office and Technology-Related Items.
Chief Schwisow said staff identified a list of office equipment including a fax machine and printers, which are past their useful life for our district needs and we wish to have declared as surplus. The list resulted from a printer initiative study by Administrative Lead Carla Dufort and IT/User Support Lead Technician Jeremy Harris to identify which printers could become jointly used and which could be eliminated to be more cost effective. Chief Kazian added the result of this project will be to recoup fairly significant savings in printer toner annually; he asked if staff could have a “garage sale”; Mr. Whittington replied, yes, if staff puts in a good faith effort and due diligence to obtain the best prices possible, whether it is on eBay, public surplus site, or direct sale. Mr. Montgomery commented that old computers and peripherals do not hold much value, and asked if the items cannot be sold, is it possible to donate them; Mr. Whittington replied if there is no value, the district could have them destroyed or donate them to governmental agencies; he said the Arizona Constitution prohibits agencies from subsidizing private entities or giving away equipment with value.
Mrs. Schoen then moved to adopt Resolution #2012-11 declaring the list of property surplus; Mrs. Cooperman seconded and the motion was unanimously approved.
10. Update: Station #6 Architectural Planning Process / LEA Architects.
Doug Ayres – Village of Oak Creek:
I’ve been a property owner here in the Village of this district for 26 years, and I’ve been a permanent resident for 21, and I have some requests. I would request that the Board slow it up slightly, act somewhat less under duress, and make a decision about this item that is sensible for the long term and for the benefit of this community. I…previously, and I would request that letter be surfaced again, have commented about this station. There are two things about this station that are extremely important – number one, response time for ambulance and Paramedic /EMT is critical between 10 and 15 minutes. In a lot of instances, you’re dead longer than that… or the response time is longer than that. That’s important to the…even if, annually, there’s only one death prevented. Admittedly, the rest of the community helps pay to save that life. I like to think we have a social society that understands that, but some people do not obviously. The second, however, is one that was sloughed off, ignored, and diminished by the previous Board, and that is that response time for… and insurance rates under the Insurance Services Office is vital; having been through the rating process, personally, for organizations I was with for several times, I can tell you, simply, that this station is extremely important to protect the highest value of property in this area because it is halfway between the two major complexes, Sedona has the highest, by far, property value that needs to be protected. They pay the most property taxes; now, either they are going to pay a little more property taxes, or they’re going to pay much, much higher fire insurance rates, and having been through that process, I can tell you that station is going to improve, dramatically, the insurance rating, which is directly tied to – despite the ignorance of the previous Board – is directly tied to the property tax rate. You’re either going to pay it in property taxes or in uncontrolled, sky rocketing insurance rates. Now, I’ll try to be kindly about this, but this Board has been through some interesting times…somehow, inept as it was, the previous Board went through a rather
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interesting process and selected, I’m sure, accidentally, a fine Chief that had the education, experience, but doesn’t look it because he looks so young, but he has a lot of experience and, fortunately, they put him under a long term, good contract.
Fire Marshal Johnson informed Mr. Ayres his three minutes were up.
Mr. Ayres concluded: Be brave, you’ve got the votes, slow it up and do the station right. I financed a number of them, but a number of them I financed replaced stations that were 10 years, 12 years, 15 years old because the previous elected officials had not done their homework.
Chief Keller reported the plans and engineering are presently being drawn; he said staff is monitoring LEA’s progress and will update the Board as information is received. Chief Kazian said the concerns expressed previously regarding sustainability and long term construction features are being addressed, so we do not have short-term problems in building maintenance. Mr. Montgomery commented Station 6 should be a 50-year building when completed. There was no further discussion.
11. Update: Sutphen Ladder Truck Issues.
Chief Kazian said at the last meeting, he spoke of the concern with our ladder truck being out of service; since then, the ladder truck’s manufacturer, Sutphen, has been responsive and sent representatives to Sedona; repairs were made and the ladder has been in training revolutions during the last two weeks to get some hours of usage on the truck and a little “wear and tear” to test the repairs; Chief Kazian informed the Board that a third-party testing company will be in Sedona on Monday and he assumes the ladder could be put back in service as soon as then. Mr. Montgomery asked what the district expense has been to date during the repair process; Chief Kazian said there has been no legal action necessary and the last repair in June was about $7,500; before that, SFD made a repair job on the cables about a year and a half ago, and he does not know that amount. He has e-mailed Sutphen stating he assumed the costs would be covered by them, but he has not received a reply thus far. Mr. Dible asked if he knows if other Sutphen trucks are out of service; Chief Kazian replied the accident incident in southern Arizona on a Sutphen ladder truck is being handled by that Fire Chief, but he is getting information as he can; their ladder truck is definitely not in service as it has been sent to the factory in Ohio for engineering forensics. Mr. Hazime asked if the issues we had were similar to the other incident; Chief Kazian said he would reserve judgment of that until the reports are completed, but there seem to be similarities.
12. Information: SFD to Co-Host a Multi-Agency Training on 10/25/12 with Arizona Department of Emergency Management involving Agencies throughout the Region/State.
Chief Kazian stated his excitement about tomorrow’s workshop hosted by SFD for about 30 agency representatives from the City, school, police, and other government entities; this is a free class made possible through grants regarding global issues of large-scale emergency events and how agencies can work together in planning, funding mechanisms, finance, and logistics. The training will involve table-top exercises; SFD staff and some SFD Board Members are participating.
13. Information: Acknowledge Fire Marshal Johnson for Arson Investigator Certification.
Chief Kazian stated he is an advocate for learning, and once you stop, it may be “time to go”; he said Fire Marshal Johnson recently became a Certified Arson Investigator and is an excellent example from which to learn, to grow, and to challenge; although Sedona does not currently have an arson fire problem, this certification helps because we are obligated to investigate and be able to testify regarding fires. He said this is another “kudo” for Fire Marshal Johnson in the community and congratulated him on successfully completing this difficult, noble, and lengthy process.
14. Update: Career/Reserve Firefighter Testing Process.
Chief Kazian updated the Board regarding the creation of a current hiring list, as the old list has expired. He reported SFD has received more than 50 applications so far, and we have reached out to minority and women firefighter groups to advertise. There could be openings from vacancies in our organization that may be filled from this list. He said the “wheels are set in motion” for the new Reserve Program which has been under review for a long time and was mentioned in the McGladrey study. He stated to be clear, the Reserve Program is not an attempt to revive volunteer firefighters, but rather, the reserves will be paid an hourly wage; he said it is an opportunity to enhance and augment our full-time career staffing, and will be a complicated solution that
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may or may not be viable; however, staff and firefighters are committed to giving it a fair shot and see what can be done; he has good feelings that this program will be a positive move for SFD to enhance services at a lower cost. Mr. Montgomery asked if most of the applications have been interested in full-time or reserve; Chief Kazian said most want to be considered for either. Mr. Montgomery said to do this correctly, it must be done slowly and methodically, and investments made into it. Chief Kazian said, overall, he is confident about this, but the program’s success hinges on having good candidates for reserves.
C. Item from Board Member Diane Schoen:
1. Discussion/Possible Action: Current SFD Board Policy #2011-01, “Principles of Sound Financial Management: Purchasing” to be Policy #2012-01, if revised. (Tabled 9/27/12.)
Mrs. Schoen stated she reviewed the redline changes and was also pleased to see the check register this evening; she then moved to approve Board Policy #2012-01, “Principles of Sound Financial Management: Purchasing”, as presented; Mrs. Cooperman provided a second.
Mr. Dible stated he recommends a few formatting changes that do not alter the meaning of the document. Chief Kazian stated he took the Board’s comments from the last meeting and addressed them in this version of the Policy. He said discussion will continue in the future on best financial practices in the State, but at this point in time, he is comfortable with the Policy, as presented; he wants the staff and Board to make sure best financial practices are being followed, and that checks and balances are in place. He said the Board will also begin to receive copies of all transfers of funds.
Mr. Whittington stated he agreed with Mr. Dible’s suggested modifications and recommended approval; he asked Mrs. Schoen to so modify her motion; Mrs. Schoen then restated her motion for approval to include Mr. Dible’s recommended changes to Board Policy #2012-01; Mrs. Cooperman restated her second and upon calling for the vote, it passed unanimously.
D. Item from Board Chairman Ty Montgomery:
1. Monthly Update: Fees from April 2011 to Current for Legal Services Provided to SFD.
Chief Kazian reported SFD received an estimate of Mr. Whittington’s legal invoices for September of $4,224.75 and, in addition, an invoice from Attorney Donna Aversa in the amount of $1,103.16 to review the dispatch IGAs because of Mr. Whittington’s potential conflict of interest. Mr. Montgomery noted our legal bills continue at about $5,000 per month and that Mr. Whittington is handling many “loose ends”, and everyone has done a good job of keeping the legal bills lower and aiming for the goal of $3,000 per month.
VII. FIRE MARSHAL’S SAFETY MESSAGE.
Fire Marshal Johnson posed a question: It is 3:00 AM, and the smoke detector goes off in your home, do you have a place where visitors, friends, and grandchildren know where to meet after exiting the house? He asked all to carefully consider this.
VIII. ADJOURNMENT.
The meeting adjourned at 6:20 PM.
Ty Montgomery, Chairman of the Board:tg
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