Sedona AZ (January 28, 2013) – The SedonaEye.com publishes the Sedona Fire Regular and Executive District Board Meeting Monthly Minutes without comment as follows:

 

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Sedona Fire District

2860 Southwest Drive, Sedona, Arizona 86336

Telephone (928) 282-6800 FAX (928) 282-6857

REGULAR BOARD MEETING

Station #1 – 2860 Southwest Drive – West Sedona – Multipurpose Room

Wednesday, January 23, 2013 / 3:30 PM

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I. CALL TO ORDER/ROLL CALL.

Board Present: Ty Montgomery – Chairman; Corrie Cooperman – Clerk;

Nazih Hazime, Scott Jablow, 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; Tricia Greer – Executive Assistant / Recorder to Board

Others Present: Bill Whittington – Attorney; Patrick Whitehurst – Red Rock News; 23 Citizens, SFD Employees, Family Members and Friends

Mr. Montgomery called the meeting to order at 3:30 PM. He then entertained a motion to adjourn into Executive Session pursuant to ARS 38-431.03(A)(3) for legal advice, ARS 38-431.03(A)(5) for instruction of designated representatives, and ARS 38-431.03(A)(1) for personnel matters in the following listed items; Board Clerk Corrie Cooperman so moved, Board Member Nazih Hazime seconded and the motion unanimously passed.

II. EXECUTIVE SESSION.

A. Vote to go into Executive Session relating to the following items pursuant to:

1. ARS 38-431.03(A)(3) Legal Advice; and ARS 38-431.03(A)(4) Instruction to Attorney – Lowell Johnson Complaint.

2. ARS §38-431.03 (A)(5) – Instruction of Designated Representatives Concerning Negotiations with Employee Organizations: Meet and Confer Update – Memorandums of Understanding with ASEA and IAFF.

3. ARS 38-431.03(A)(1) Personnel Matters; and ARS 38-431.03(A)(3) – Annual Performance Evaluation of Fire Chief Kris Kazian; Review of Fire Chief Contract.

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 reconvened the public session at 4:50 PM and led the Pledge of Allegiance and Moment of Silence.

B. Discussion/Possible Action: Follow-Up for Executive Session Items:

1. Lowell Johnson Complaint.

2. Meet and Confer – Memorandums of Understanding with Employee Groups.

3. Annual Performance Evaluation: Fire Chief Kris Kazian; Review of Fire Chief Contract.

Mr. Montgomery stated the Board had recessed out of Executive Session after two of the items, and would reconvene on the third item after the conclusion of the business matters. There was no further discussion on the first two Executive Session items.

IV. RECOGNITION/PRESENTATION: ASSISTANT CHIEF TERRY KELLER’S RETIREMENT.

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Fire Marshal Gary Johnson said there were two citizens who wished to speak regarding this item:

Jim Evans, Chapel Area: Several years ago, the previous Board Chairman asked for volunteers to join a committee to recommend what to do about the proposed Chapel Fire Station and to investigate the need for a station in the Loop area. I was one of the volunteers. It became very evident after the first meeting that most of the committee members knew very little about the fire district, except that if you called 9-1-1, it wasn’t too long before one or more big, red vehicles arrived and a bunch of healthy, good-looking males jumped out. Thus, it was apparent after the first meeting that an education process was required so that the members could learn about the district in order to make an intelligent recommendation.

Some of the questions that came up were, what is the fire district? What does it do? Where is it? What kinds of vehicles and people are in the different stations? What are the district’s boundaries? How many calls do the individual stations receive? What are the response times? How was the district financed? And what are other long term needs? These are not all the questions, but they demonstrate how much the group had to learn.

Fortunately, there was one member of the committee who may or may not have been a volunteer, who either had the answers or was able to get them by the next meeting. At the committee’s request, he also arranged for the LEA Architectural group to come in and provide a quick design course in what has to be in a fire station and why. The committee’s source of knowledge, obviously, was Terry Keller. The committee did its best to wear him out with questions, but it failed. He not only answered all the questions, but he also provided additional information that we didn’t even know we needed. The committee was extremely grateful for the help he provided, but the committee made the final recommendation. Personally, I’m sorry to see Terry leave the district and I wish him success in his new position. Thank you.

Craig Cushenberry, Village of Oak Creek: It’s kind of hard to follow that, but I just wanted to thank Terry and acknowledge all my experiences with him back when I was running for the Board and trying to find out information and just the leadership he showed and how the rest of the department needs to be acknowledged as well. A couple of days ago, I had to go to Station 3 for a family member and I couldn’t believe the treatment that they got there. It was fantastic. It was better than the doctor’s office that caused the problem in the first place. And my son’s much happier. And I just wanted to thank everybody and thank the Board for listening to this guy. And I hope you have a good time down there.

Fire Chief Kris Kazian stated he only had ten months spent with Chief Keller out of his 24 amazing years at SFD. He said Chief Keller had many positions at SFD through the years from being a volunteer to being a Captain at Station 3, as a Training Officer, Assistant Chief, and Interim Fire Chief and is about to embark on his new career as Fire Chief at Montezuma-Rimrock Fire District. Chief Kazian said he had hoped their tenure together would have been longer and acknowledged their shared vision and passion for the fire service. He then recognized Chief Keller’s wife, Maria, and children, Felicia and Justin, for their sacrifices of time away from Terry through the years. Chief Kazian acknowledged the legacy that Chief Keller has left at SFD and expressed his excitement in Terry’s new opportunity and his gratitude for his service to the community.

Assistant Chief Terry Keller thanked the staff, Board, and Firefighters for their noble jobs and urged them to continue doing their jobs with nobility. He also thanked his mother and father, Carol and Jim Keller, who were present and told a story of how he became involved in the fire service. His parents took him to JC Penney’s as a child and he saw a display of skis; his parents bought him an inexpensive pair which he broke the first day he used them; he said that interest in skiing led to him to become an EMT as a member of the ski patrol and from that, he a Firefighter.

Chairman Montgomery thanked and congratulated Chief Keller on behalf of the Board, taxpayers, employees, for his 24 years of service. Chief Kazian informed those present there would be a “Walk-Out Ceremony” for Chief Keller next Thursday, January 31, 2013, at 3:00 PM and the public is invited to attend.

V. BADGEPINNING CEREMONY FOR PROMOTIONS:

A. Division Chief Buzz Lechowski.

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B. Battalion Chief Dave Cochrane.

Chief Kazian then introduced our new Division Chief of Operations, Buzz Lechowski, and welcomed him to the Command Staff team. Division Chief of Support Services Scott Schwisow pinned Chief Lechowski in the presence of his wife and family.

Chief Kazian explained with the Battalion Chief move-up, a vacant spot opened and recognized new Battalion Chief Dave Cochrane who was the next name on the BC hiring list; Chief Cochrane has 23 years of fire service experience first with Cottonwood Fire, then Verde Rural (now Verde Valley FD), and then to Sedona; Chief Cochrane will be taking over the “B” shift command; he was then pinned by his wife, Darcey in the presence of his two daughters, Kelsey and Sarah. Chief Kazian acknowledged Dave’s instrumental work as a Captain last spring in saving several homes in the Village of Oak Creek at a residential fire during high winds, and because of that, was just named Firefighter of the Year for 2012 from the Elks Lodge.

Chief Kazian said these move-ups produced a vacancy at the Captain level and informed the Board that a Captain testing process would be held in April; he introduced temporary Captain Casey Carr. Chairman Montgomery then called for a five minute recess in order to enjoy refreshments and congratulate Chiefs Keller, Lechowski, and Cochrane.

VI. PUBLIC FORUM.

A. Public Comments.

B. Executive Staff Response to Public Comments.

There were no further requests from the public to speak.

VII. CONSENT AGENDA.

A. Consent Agenda – Discussion/Possible Action:

1. December 19, 2012 SFD Public Budget Workshop and Regular Business Meeting Minutes.

Board Member Diane Schoen moved to approve the Consent Agenda as presented, Board Clerk Corrie Cooperman seconded, and the motion unanimously passed.

VIII. BUSINESS.

A. Monthly Staff Report – Fire Chief Kris Kazian.

1. Call Summary for December and Year to Date.

2. Calls by Still District Summary for December and Year to Date.

3. Emergency Response Times Summary for December and Year to Date.

4. Regional Communications Center Dispatch Activity for December and Year to Date.

5. Special/Significant Activities and Incidents.

6. Correspondence/Thank You Letters to SFD.

Chief Kazian then presented the monthly report and noted it represented all calls during calendar year 2012 of 3,878 incidents, which is 124 calls less than 2011, but noted 100 of those calls occurred on January 1, 2011, during a “cold snap” with many broken water pipes. He said we are on pace to have a busy month in January. He continues to monitor the calls and sees the need for the future Station 6, which will continue to be busy; this year, we have had two significant fires in the Chapel area, as well as medical calls; he believes the station will be well-utilized and help reduce response times across the district.

Chief Kazian stated staff continues to dialogue with the City of Cottonwood regarding their plans for a dispatch center and how or if SFD would fit in. He said there is a “lot of territory” to cover in that arena and they are working diligently to get a clear vision of how that will be resolved and to make sure we provide effective services and consider the fiscal responsibility, as well. He noted the SFD Regional Communications Center answered 94,000 telephone calls with 30,000 of those being calls on the 9-1-1 lines.

In special significant activities, he shared SFD has had several fires this year, with one resident receiving serious burns and on the long road to recovery in the burn unit; he wished him the best in this difficult time. He

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noted a garage fire occurred in the Chapel area last weekend and an airplane fire in a hanger at the Sedona Airport; these fires will be highlighted in next month’s Chief’s report.

Chief Kazian recognized one of our SFD Firefighters, Travis Powell, who is battling a serious medical condition, and announced a benefit dinner for him will be held at Randall’s Restaurant in Cottonwood next Wednesday, January 30th from 4:00 to 7:00 PM; all are welcome to attend. Finally, he noted SFD and its Board would participate in the Sedona St. Patrick’s Day Parade on Saturday, 3/16/13.

Chief Keller added some irony, as the very first fire to which he responded with SFD in 1988 occurred in the same airport hanger as what may be the last SFD fire he attends.

B. Items from Staff:

1. December 2012 Financial Report.

There were no questions from the Board regarding the Financial Report.

2. Discussion/Possible Action: Financial Audit of FY 2012 by Walker & Armstrong.

Chief Kazian introduced Steve Tate with Walker & Armstrong (W&A) of Phoenix. Mr. Tate said W&A conducted an audit of SFD for the year ended June 30, 2012, which report has been submitted to the Fire Board for its review. He then gave an overview of communications concerning the content of that audit, and noted A&A was engaged to perform this audit in accordance with Generally Accepted Auditing Standards, as well as standards required by the government for public agencies. He said they look for consistency in the way that financial reporting is done and recitations of accounting policies pertinent to SFD; he said those policies are all consistent as presented with the policies in place in the prior year. Mr. Tate said there are significant accounting estimates embodied in these financial statements and particularly, the depreciation of the property and equipment of the district, which is calculated using estimated useful lives; he said depreciation is relevant because it is a significant expense in the financial statements. He said there were no difficulties in performing the audit and SFD staff was cooperative in providing the documentation requested and the records were in order with no audit adjustments proposed in connection with the audit.

Mr. Tate said there were no internal control issues to report to the Board, which he said was a good reflection on the processes and procedures SFD has in place. He said there were three advisory comments for consideration regarding the budget process: (1) In the approved budget for 2012, there was a line item to balance the budget taking the amount from the carry-forward balance and the bulk of those reserves are being held in capital projects fund; he said their suggestion is to be clear in the budget process as to where those deficits come from, so that when accounting is done each year, it can be matched in the same way. (2) He acknowledged contingencies need to be anticipated, but they should be for expenditures that are unanticipated; otherwise, those contingencies should be placed in the functional categories to which they belong. (3) There is a provision where excess funds were moved from the General Fund to the Capital Projects Fund, and they suggest to consider the capital project fund on the basis of what future projects are actually anticipated to be funded and budgeting for that process, as opposed to coming up with a figure for allocating. These items are detailed in their written report.

Mr. Tate said W&A rendered its unqualified opinion that they are fairly presented in accordance with GAAP; he said their audit process does not allow them to look at every transaction that occurred, but their process looks at areas of audit risks and tests those to make sure there is supporting documentation. They confirm balances with banks, look at evidence supporting capital assets, as well as evidence to support liabilities in order to render an opinion on the financial statements. He said on Page 6 of the Management’s Discussion and Analysis, there is a comparison of the assets of SFD in 2012 compared to 2011, and focused on what caused the change from year to year of total net assets went from $16.4 million $15.3 million and the reason is the capital assets went down almost $1 million because SFD did not acquire any significant assets during the year, while at the same time, depreciated assets already on the books representing a $900,000 depreciation expense recognition for the fiscal year. Page 7 contains a similar analysis year to year of what happened from the

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revenue and expense side of the fire district with the big change noted in the property tax revenue went down by 20% from the assessed property values in the district declining by that amount. He also noted the reduction in expenses made by staff from $13.6 million to $12.3 million to reflect the decline in tax revenues with an overall decrease in net assets over $1 million, but again noted, $900,000 of that was depreciation.

Mr. Tate then accepted questions from the Board.

Clerk Cooperman stated the audit is very validating that SFD finances are being handled nicely; Mr. Tate agreed and commended staff for their records and documentation. Chief Kazian asked about his contingency comment and noted currently, SFD has a contingency line item of $400,000 for capital items, but asked about Mr. Tate’s recommendation for other contingency items. Mr. Tate said the idea is to be as specific in budgeting as possible noting there is some volatility that cannot be controlled, such as fuel costs; Mr. Tate said, generally, staff should take an educated guess using the information available at the time of budgeting and not include a contingency for it; he said we should not use a contingency line item to budget operating costs, but rather for things truly out of the realm of what could be anticipated to occur. Chief Kazian noted, recently, there was an unanticipated ambulance repair which was paid from the $400,000 contingency; Mr. Tate agreed that is an appropriate use of the contingency line.

Chairman Montgomery asked for clarification of the contingency problem; Mr. Tate said it was being utilized for operating items that could have reasonably been anticipated; Mr. Montgomery asked, “You mean, payroll?” and noted the previous Board had used contingency as a “carrot” in the budget; Chief Kazian said it was a $1.5 million contingency set aside by the previous Board; Mr. Tate said that was the issue because it was a huge contingency; Mr. Montgomery commented the previous Board did not like the budget numbers presented and although, operationally, it was not possible, created a contingency to only be released by Board action for operational costs; he stated that was not a clean way to do budgeting; Mr. Tate acknowledged that was the issue and that W&A would like SFD to not have $1.5 million subject to discretion; he said, ideally, staff should budget for what is actually expected to happen and keep contingency for truly unforeseen items. The Board then thanked him for his clarification and presentation.

3. Discussion/Possible Action:

a. Intergovernmental Agreement (IGA) with Black Canyon City Fire District for SFD to Provide Ambulance Billing Services;

b. Consent and Waiver regarding the above referenced IGA.

Chief Kazian stated the issue is our attorney, Mr. Whittington, serves both Black Canyon City (BCC) as well as Sedona. Mr. Whittington said it is necessary for a Consent and Waiver to be approved by both districts’ Fire Boards, and BCC’s Board meeting is coming up soon. Chief Kazian said approval of the SFD Board tonight would free Mr. Whittington to begin the negotiation process with BCC and hopefully, SFD would begin billing for them in March.

Mr. Whittington clarified he would just be representing SFD in this IGA negotiation process. Mrs. Cooperman moved to approve the Consent and Waiver, as presented; Mr. Jablow seconded, and the motion unanimously passed. Mr. Hazime asked if BCC approached SFD to handle their ambulance billing; Chief Kazian replied affirmatively, and said it could open the possibility of taking on billing for other agencies in the future. Mr. Montgomery commented he is interested in seeing more ambulance billing services business and that SFD’s billing department has proved itself very capable. Chief Kazian pointed out we would be able to handle BCC’s billing without increasing SFD staff size, but if any other opportunities come our way, it will most likely not be plausible without additional staff; he assured the Board whatever agreements are made going forward for ambulance billing will be positive financially for SFD; he then acknowledged the outstanding services SFD’s billing staff of Kris Ahern and Keona Freeman provide.

4. Discussion/Possible Action: Fiscal Year 2014 Budget – Cost of Living Adjustment.

Chief Kazian said we had a budget workshop in December and talked a little bit about providing a Cost of Living Adjustment (COLA); he put this on tonight’s Agenda to seek consensus from the Board to prepare for the February budget workshop. He said this is a little bit earlier than in the past, but feels it is timely based on the circumstances under which SFD is working with items discussed relative to Meet and Confer. He stated the Western States Consumer Price Index, which is what we typically use as a barometer, is at 2.2%; he said

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granting this COLA keeps our employees’ salaries on scale with inflation, and helps provide the best service they can. Mr. Montgomery clarified that Chief Kazian is requesting a 2.25% COLA; Chief Kazian stated as the COLA would not take effect until July, that additional .05% is at the discretion of the Board and said the Western States CPI was not announced when he proposed that percentage amount.

Mrs. Cooperman said as this is an important decision, she wanted both staff and public to understand her thinking is that we have an incredible work force that demonstrates its competency every day and she thinks they deserve a COLA; she feels it is not excessive just to keep up with inflation and further, that Chief Kazian is looking at all facets of the budget, including what was just mentioned with Meet and Confer; she said, hopefully, this will somewhat offset decreases as that is merited and justified. Chief Kazian said he appreciated her kind words, but he is not at liberty to publicly state results from the Meet and Confer process, but at the next Budget Workshop, he would be able to highlight those details. Mr. Montgomery asked if this proposed COLA fits into our budget; Chief Kazian replied it fits into our projections and that next week, individual budget section heads would meet with management to begin budget review; he stated staff will continue to work extremely hard to be fiscally responsible and reminded all, as the auditor just presented, that SFD’s taxable revenue suffered a $2 million loss; he said this upcoming budget is going to be significant to balance and putting everything into perspective, but he is comfortable the COLA will fit.

Mr. Hazime asked if he was seeking preliminary approval and then have more accurate numbers for the Board at a future meeting in case there are issues with the budget; Chief Kazian said that was a good question, but if we end up with a budget “snag” that will prevent this amount for the COLA, that would be reflected in the final budget numbers presented for approval. Mr. Hazime said with everything else going on, he just wanted to make sure we are being as responsible as possible. Chief Kazian said that is well taken, and assured him staff would provide that level of care with the budget which would not be in effect until July of 2013; he said a neighboring agency has lost four or five of its nine employees and there are costs associated with that; he said there is a saving in taking care of employees and it is justifiable and defendable; he said he is seeking Board direction today and as long as there is consensus, there is no need to take a formal vote today. Mr. Montgomery said we know what percentage of the budget is for our people and we must make sure they are well trained and come to work; he said studies show that good working environment saves money. He then asked if there was consensus of the Board for a proposed 2.25% COLA and the Board agreed.

5. Discussion/Possible Action: Career/Reserve Firefighter Testing/Hiring Process.

a. Update of Testing Process.

Chief Kazian announced there were 35 applicants that went through the Firefighter Oral Boards, and staff was amazingly impressed with the caliber of applicants; he said although all applicants successfully passed the Oral Board, there were a couple who decided to not go through the physical testing; 29 applicants made the final eligibility list. He said last Saturday, January 19th, was the physical testing portion of the process with great scores and positive feedback; staff is now in the process of moving forward with finalizing the list and then, SFD will have a large pool of interested Reserve candidates, possibly up to 19 individuals.

Mrs. Cooperman asked, in terms of demographics, did any women test; Chief Kazian responded, “yes”. She asked if any applicants were from the area; Division Chief Scott Schwisow responded of the 35 applicants, one gentleman was from this area and two were from Mayer and Prescott; there were applicants from all over the nation.

b. Current Hiring Consideration for a Third Firefighter – Two Currently Budgeted: One in FY 2013 and One for the Vacancy Created by Move-Ups Upon Chief Keller’s Retirement; and a Third Firefighter Hire Originally Proposed for FY 2014.

Chief Kazian remarked that currently SFD is short three Firefighters, and there may be more with the retirements and move-ups. He said although there are not three funded Firefighter positions in this budget and this discussion was included during the Budget Workshop whether we should hire one Firefighter right now or all three; he said the determination was that we could not afford to hire all three at one time. He said about five or six months ago, we hired three Firefighters that were the last remaining candidates on the then-Firefighter Eligibility list; now, there is a new list from the recent testing process, and Chief Kazian said staff would like

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to hire one Firefighter from the vacancy left by move-ups from Chief Keller’s retirement; hire another Firefighter from the budgeted position in this current Fiscal Year 2013; he said with the retirements, there is money in the budget under Personnel and he recommends we hire the two positions he just talked about as well as the third Firefighter so that all shifts except one would be at full staffing. He said in Board meetings, they have talked about how overtime is affected by having short staffing and he said at that time, it was “OK” to have some of that overtime, but you have to balance it and now we have an opportunity to make that situation better and can now use the opposite argument to get that third Firefighter to work to save overtime.

He said once they are hired, SFD would hold a two-week Firefighter academy to bring them in as a group. Chief Kazian reminded all that they would still be one shift short one Firefighter and that fourth person would be brought on in December 2013 or January 2014 to have them up-to-speed by the time the new Station 6 opens. He said he is looking for consensus from the Board to support hiring the third Firefighter at this time because a vote is not needed as these are not additional billeted positions, rather they are to fill vacancies. Mr. Jablow asked if training the three together would be a money saver in the long run; Chief Kazian responded “yes and no” because there still would be that fourth Firefighter to hire and train alone, but there is always the possibility of having more to hire through attrition in a year or so. Mr. Montgomery said he does not see a problem if the funds are in the budget to cover the costs. The consensus was support the hiring as requested.

6. Update: Station #6 Architectural Planning Process / LEA Architects.

Chief Kazian said staff received drawings from LEA this week, but he has not had a chance to open them; he informed the Board with Chief Keller’s retirement from the process, he has assigned Fire Inspector Kevin Sullivan to join the project, as Mr. Sullivan was previously an architect and will bring expertise to the process. He said LEA has been very responsive, and they will soon be ready to submit plans to the City of Sedona; he further stated that Chief Keller has graciously offered to be available for questions in the coming months. Staff has kept both religious institutions on either side of SFD’s property up-to-speed, and the biggest issue currently is a large civic group sign which is located where Station 6’s driveway will be; staff is trying to determine who will be responsible for moving the sign and is looking for a volunteer in the community to work with those civic groups.

7. Update: SFD Ladder Truck Repair Reimbursement.

Chief Kazian said since the ladder truck has been back in service, it has been working flawlessly, and been used for training and on a fire at the Cottonwood Hay Market in Verde Valley Fire District’s response area. He said he got the truck’s manufacturer, Sutphen, to come to the table and be part of the discussion for repairs; he pointed out some of the necessary repairs were due to normal use and some due to problems with the truck; Sutphen agreed to send $4,000 to SFD and he believes there is joint consensus of this being a fair solution. Additionally, Chief Kazian said part of the initial deal is to send SFD mechanics to the Sutphen plant in Ohio for training in the Spring.

Mr. Jablow said his only concern is by cashing the $4,000 check is that we relinquish any rights to settlement. Mr. Whittington said that would depend on how it was “branded”. Chief Kazian said we would have that discussion if that type of document shows up with the check from Sutphen. Mr. Montgomery said he believes this is a fair compromise if there is no legal release or hold harmless statement attached.

Mr. Montgomery stated he has no doubt Sutphen is doing everything they can to make it right, but he does have legal concerns. Mr. Hazime said this whole event sparked awareness or has brought about peace of mind to know that our equipment is reliable. Chief Kazian said certainly something else could happen to the truck, but the repair and inspections have addressed safety concerns for the Firefighters. Mr. Jablow asked who would be paying for the SFD employees to travel to Ohio for training; Chief Schwisow replied his understanding is the entire amount would be paid by Sutphen, short of the employees’ time to attend. Chief Kazian said we need to verify that. Mr. Jablow asked if the training could be given here, but Chief Kazian stated it must be done at the plant because of using their tools and diagnostics.

8. Update: Intergovernmental Agreement with City of Sedona to Utilize Overflow Parking for the Public at Station 4. (From 12/19/12 Meeting)

Chief Kazian said last month, Assistant City Manager Karen Daines was at the Board meeting to discuss this possible partnership with the City of Sedona and the Board had seemed interested in pursuing it. Since then, he

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has worked with City staff to look at a draft Intergovernmental Agreement (IGA) which has recently been provided to Mr. Whittington for review. No action needs to be taken on this item tonight and this can be re-agendized next month; this is proposed as a three year agreement with amortized payments, and SFD staff is comfortable with the proposed seven day notification to the City to use the parking lot for special training or events held by SFD. He said they also put in a provision for emergencies, such as the current Station 4 having a serious facility issue such as a fire and needing to rebuild two years from now, there is a prorated buyout clause to reduce their risk; the City is proposing about $20,000 in parking lot improvements, and that amount prorated is only about $7,000 a year. He said staff’s recommendation is to approve the IGA pending the legal review.

Mr. Whittington stated he had dictated modifications he felt were appropriate, and he would now send the draft IGA to the City’s legal counsel for them to send it back to the SFD Board next month. Mrs. Schoen asked about the legality of this Board approving a three year contract for potentially a different Board by then. Mr. Whittington said personal service contracts or such that require yearly funding are allowed. Mr. Jablow asked if there was an automatic renewal clause in the event of additional improvements in the future. Chief Kazian replied he believes there is a provision to maintain the parking lot to repair potholes, or seal coating, or re-striping needed, there is a renewal clause if no action is taken. Mr. Montgomery said he does not see a three year need for that and would love to say we would build a new Station 3 by next year, but that is not practical, and in the meantime, the land can be put to good use by the City.

Chief Kazian said this will be added to the SFD master calendar with a “tickler” in less than three years to allow for a notification period to decide if we want to extend the contract at that time or change the terms. He said we may want to make sure the recouping of the fee occurs in the first three years, so that if in the middle of the fourth year, we need to get out of the contract, there is a 90 day termination clause. This item will be brought back next month.

C. Item from Board Chairman Ty Montgomery:

1. Monthly Update: Fees for Legal Services Provided to SFD.

Mr. Montgomery said the Board’s intention is to keep legal services at $3,000 or $4,000 per month and are on track to do so; last year’s legal services fees were more than $100,000. He is confident in budgeting less than $100,000 for next fiscal year.

IX. FIRE MARSHAL’S SAFETY MESSAGE.

Fire Marshal Johnson said to be aware of freezing weather and take steps to avoid freezing pipes by paying attention to lessons learned, for example, did your neighbor’s pipes freeze and why? He said to look into the steps everyone can take so they do not have to suffer the consequences, such as opening cabinet doors under sinks to allow heat to enter, making sure garage doors are closed, and insulating exposed pipes. SFD is called on many incidents for cases of burst pipes due to freezing conditions.

Mr. Montgomery then concluded the Public Session at 6:25 PM and said the Board would reconvene into the previously recessed Executive Session.

X. ADJOURNMENT.

Mr. Montgomery reconvened into Public Session at 8:15 PM and stated an issue had been brought up in Executive Session regarding the type of evaluation form to use for Chief Kazian’s review.

Mrs. Schoen said she believes the person being reviewed has the right to do a self-evaluation. She said her preference is to use the form she received at the recent AFDA Conference rather than one previously used by the district, as she felt the AFDA form had more pertinent Chief-level questions; she stated each Board Member should complete the form individually and then send them to the Chairman to calculate the overall results. Mr. Whittington said that method could have Open Meeting Law ramifications tantamount to Board Members sharing their feelings when the preferred method would be for staff, such as the Recording Clerk to the Board, to collect the individual Board Member’s evaluations.

Mr. Whittington said the Board could evaluate the Chief independently and give them directly to him, but they would still have to vote in public on any results. Mr. Jablow agreed the form from SFD had questions the Board might not have answers for, such as “Treats SFD

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employees fairly”. Chief Kazian said knowing that a six month evaluation was missed, would it be more expedient to wait until March when his first year is concluded and in the meantime, staff could put together an evaluation tool. Mr. Montgomery recommended using a 360 degree evaluation allowing input from the Chief, staff, and the Board. Chief Kazian said he would find more value in that type of real life “gut check”. Mr. Montgomery suggested the Chief and staff work on an evaluation form to distribute to the Board and to aim to complete the evaluation at Chief Kazian’s one year anniversary in March. Chief Kazian said he would feel more comfortable if he was not included in the creation of his own evaluation tool.

The meeting was then adjourned at 8:31 PM.

Ty Montgomery, Chairman of the Board:tg

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