Golden Valley Fire District
3327 North Mayer Road, Golden Valley, AZ 86413
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MINUTES
MINUTES OF THE MEETING OF THE GOLDEN VALLEY FIRE DISTRICT GOVERNING BOARD HELD NOVEMBER 14, 2007 AT 7:00P.M. AT THE GOLDEN VALLEY FIRE STATION TWO CLASSROOM LOCATED AT 749 S. EGAR ROAD, GOLDEN VALLEY, AZ. 86413
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Golden Valley Fire District and to the general public that the Golden Valley Fire District Governing Board held a meeting open to the public on November 14, 2007 at 7:00 P.M. in the Golden Valley Fire Department Station Two Classroom located at 749 S. Egar Road, Golden Valley, Arizona 86413.
The Governing Board may, by motion and public majority vote, recess into executive session(s) to receive legal advice from the Board’s attorney(s) on any item contained in this agenda pursuant to A.R.S. § 38-431.03.A.3.
The MINUTES for the meeting are as follows:
1. Call to Order. Steve Galner, Chairman called the meeting to order at approximately 7:04 p.m.
2. Roll Call of Board Members. Members present were Vic Colvin, Nichole Jenks, Marc Frederick, Clerk, Lucky Anderson and Steve Galner, Chairman. James Schoppmann of the County Attorney’s office was also present.
3. Approval of Minutes:
a. Approve minutes from October 10, 2007 regular meeting Nichole Jenks had a question regarding OSHA in the minutes under Chief’s Report and was advised by James Schoppmann that this item was for approval of minutes and needed to be put on the agenda in order to be discussed. Steve Galner made a motion to approve the minutes, Vic Colvin 2nd, all in favor.
4. Reports: Presentation, Discussion and Possible Action Re:
a. District Finances Report of the GVFD for October 2007. Chief Barboa reported $682.004.81 in revenue and $355,226.95 in expenditures for the month of October. Steve Galner made the comment that the Department was back in the black.
b. Operations Report of GVFD for October 2007. Chief Barboa advised
those present that we had a total of 139 calls: 5 Fire, 92 Emergency, 28 Service, 9 Good Intent, and 5 False alarms for the month of October.
c. Administrative Report of GVFD for October 2007 B. J. Kasso, Office
Manager for the district advised the board:
· The website host that we have been using for over a year and a half has caused us nothing but problems. Former Chief Nystedt was aware that I was not knowledgeable on web when he hired me. Nicole has been doing research to find a more suitable web host. Our website and e-mail was down all last week. This week we were able to switch to a more reliable company (recommended in the top five for our area) The new company is half the price of the previous one and we are already more satisfied with the company; they at least answer the phone. Our website and e-mail is up and running again. Steve Galner said we owed Nicole (Guerrero) thanks. The cost for the previous host was around $200.00 annually and the new host is around $95.00 annually.
· The AFDA (Arizona Fire District Association) is having their annual convention in Laughlin January 18-20. Chief Barboa and BJ Kasso along with two board members attended last year. It was quite beneficial. We have not yet received the schedule of seminars this year, but wanted the board to be aware of the dates. Any of the Board members that would be interested in attending, please let the office know. The seminar was $65.00 per person last year covering 2 full days of seminars and lunch on Saturday. Any members wanting to attend please let B.J. know so it can be considered for approval at the December board meeting.
· We have been doing some remodeling in the Administrative office. We have put in a counter by the front door and a half door to limit access to the rest of the office. The door to the conference room has been moved to the other end of the room to better accommodate the Assistant Chief. The cost is approximately $300.00 and the work is near completion.
· Maverick Country Store has been torn down and a new building is under construction. This is one of the locations we normally post agendas. This posting is not required by the Board of Supervisors and we will not be posting agendas at that location until construction is complete (maybe around January)
· Line of credit: as previously stated we were forced to use our line of credit this year, as revenues are slow coming in. The entire county has been affected, and numerous articles have been published in the local papers. As reported, we were forced to use the line of credit for approximately $70,000.00 and were able to pay back $41,000.00. At the previous board meeting it was stated that we were still $29 to $30,000.00 in the red. There was enough revenue in October to cover this balance, but we were forced to use another $52,000.00. In October we were able to pay back the $81.000.00 leaving us with a 0 balance on the line of credit and we had a balance of $345,000.00 the end of October. We were charged approximately $67.00 in interest for the line of credit money. November is usually a good month for revenues.
d. Committee Reports for GVFD for October 2007
1. Strategic Planning Committee’s report and/or meeting Tony DeMaio was not present to report for the committee so this item was tabled until the December meeting.
5. Chief’s Report
The governing body may not propose, discuss, deliberate or take legal action on this matter unless the specific matter is properly noticed for legal action. Therefore, action taken as a result of the Chief’s report will be limited to directing staff to study the matter or scheduling the matter for further consideration and decision at a later date. A.R.S. 38-431.02.K
· This is the last week of the HazMat training course. This has been a month long course. This Friday there will be a ceremony in Lake Havasu. If any of the board members are interested in attending, Chief Barboa will advise of the time and place.
· We have 27 applicants for the Paramedic Course. We can only have 24 students per class according to State regulations. Nine of these applicants are with our department. We will be doing testing on Monday and Tuesday to determine eligibility.
· Captain DeMaio and Chief Barboa attended a conference on the policies of fitness. This covered the issues of entrance exams and possible violations of Civil Rights.
· Golden Valley Clean up day was a huge success. This was held on the 10th and B Shift helped load up some of the dumpsters and assisted with the removal of the trash collected.
· Chief Barboa talked to a couple of the board members regarding solar power for Station 3. We could save the taxpayers money by possibly making this a greenhouse station. Also we are researching bio diesel. Randy and a couple of the other firefighters are working on this. Steve requested a cost analysis and Nichole requested a depreciation schedule at the same time. Steve inquired into government credit. Chief Barboa advised the board that he has contact with a person that would be willing to give a lecture to the board on the bio diesel.
· Chief Sayre and Chief Barboa attended a meeting with the Vice President of Rhodes regarding their start date for construction. It was discussed that Rhodes builds a fire station after 300 homes are in place and that this be put into their master plan to be submitted to the county.
· Engine 14 is still out of service. The cost of repair was $1,013.00 and Randy has been working on this unit. It is a first out unit.
6. Presentation, Discussion, Public Comment, and Possible Action Calendar:
A. Purchase(s)
1. Discussion and Possible Action Re: Purchase approval of Fire Hydrant Assembly with mainline hot tap for Station 3 located in Walnut Creek subdivision. ($3,800.00) Chief Barboa advised the board that a hydrant was needed at Station 3. The water company will be doing the work. We are responsible for the service and upkeep of all hydrants in our area. Nichole Jenks asked when Walnut Creek was annexed and if they were on the tax roll for this year. She was advised that Walnut Creek was annexed in 2005 and they are being taxed this year for the first time. Steve Galner made a motion to approve this purchase, Marc Frederick 2nd, all in favor.
2. Discussion and Possible Action Re: Purchase approval of furnishings for the Assistant Chief’s office- approximately $1,700.00. We will need office furnishings along with various supplies for the Assistant Chief’s office. Steve Galner made a motion to approve the office furnishings, Nichole Jenks and Marc Frederick 2nd, all in favor.
B. Old Business
1. Discussion and Possible Action Re: Construction of Station 3, including, information received from R & K and Twin I Beam regarding pricing information for the construction of a metal building for Station 3 located in Walnut Creek subdivision area. The Board may put this project out to bid and/or request, receive, and/or award estimates or bids. Chief Barboa presented the board with a packet containing 3 bids for the metal building and explained each bid. There was discussion regarding the site prep, concrete requirements, permits, etc with Ron Straley, a representative of R & K Construction. He advised the board that he constructed the Dollar General building, and several fire stations. The concrete engineering will cost approximately $650.00, concrete can run from $3.50 to $5.25 per square feet. Vic Colvin advised the board that he has known Ron Straley and his work and he highly recommends both. Time frame for engineer drawings is approximately 2 weeks; the building could be delivered approximately 4-6 weeks after order is placed. The building company usually requires ½ down and the balance before delivery. Vic Colvin advised that we are looking at approximately $22,000.00 for the concrete work. Chief Barboa advised the board that the department is going to work as the general and sub out the site prep, and various other items in order to save the department a large amount of money. We already have a bid on the grading of the site. After considerable discussion, Steve Galner made a motion to contract R & K for the building and erection for the price of $54,650.00, (lowering his original bid by $2,700.00), Lucky Anderson 2nd, all in favor. As soon as the engineering plans are available, Vic Colvin stated we need to get the dirt work completed. James Schoppmann advised the board that a motion needed to be made regarding allowing R & K to get estimates on concrete engineering and authorize Steve Galner, Chairman to sign any required paperwork. Nichole Jenks made the above recommended motion, Lucky Anderson 2nd, all in favor.
C. New Business
1. Discussion and Possible Action Re: Annual election of board officers. This is also required as a new board member was appointed on October 10, 2007. The Board Chairman is currently Steve Galner and the Board Clerk is currently Marc Frederick. Steve Galner advised those present that Nichole Jenks is a newly appointed board member and the annual election of officers usually occurs in December. It was decided that the election of officers should be addressed at this meeting. Lucky Anderson made a motion to retain Steve Galner as Chairman for another year, Vic Colvin 2nd, all in favor. Marc Frederick (the current clerk) nominated Nichole Jenks as Clerk, Vic Colvin 2nd, all in favor. Nichole Jenks asked if she had to take notes, Marc Frederick stated no, that B.J. Kasso does that, and Steve Galner stated they got rid of the minutes being taken by the clerk a long time ago.
2. Discussion and Possible Action Re: Review current committees of the GVFD, including possible appointment of Board members and/or other individuals to serve on various committees. In reviewing the Strategic Plan Committee, Chief Barboa advised the board that Nichole Jenks was on the committee as an outside interest and since she is now a member of the board, the current board members of the committee (Steve Galner, Lucky Anderson, and Nichole Jenks) created a quorum and this needed to be changed. Steve Galner made a motion to retain Nichole Jenks as a member of the committee as Lucky Anderson resigned, Vic Colvin 2nd, all in favor. Chief Barboa advised the board that the current Budget & Finance committee consisted of Brad Armey and Chief Nystedt, who are no longer with the board or department. Also on the committee are Chief Barboa and B.J. Kasso. Nichole Jenks is automatically on the committee because of the newly elected office of Clerk. (She will be chairperson of this committee). Steve Galner requested being a member and stated that Chief Barboa would replace Chief Nystedt and Assistant Chief Sayre would be a member. Steve Galner made a motion to have the committee members as follows: Steve Galner, Nichole Jenks, Chief Barboa, Assistant Chief Sayre and B.J. Kasso, Nichole Jenks 2nd, all in favor. It was determined that no other committees needed to be addressed at this time.
3. Discussion and Possible Action Re: Dispatch Agreement dated January 1, 2007 between River Medical, Inc. and GVFD. AMR has recently purchased River Medial, Inc. and is notifying the District that they will honor the agreement between River Medial, Inc., and GVFD. Chief Barboa had this letter reviewed and approved by James Schoppman of the County Attorney’s office. Steve Galner asked if we needed to sign a new contract and was advised no. Steve Galner then made the motion to sign the cover letter transferring the existing contract to AMR and to continue the contract, Lucky Anderson 2nd,all in favor.
4. Discussion and Possible Action Re: Current issues of public inquiry regarding GVFD, including: GVFD’s line of credit; GVFD’s current tax levy and comparison to other fire district tax levies; use of GVFD vehicles by the Fire Chief and/or Assistant Fire Chief, review and status of the recent employment of Fire Chief Barboa and employment contract for Assistant Chief Sayre. Nichole Jenks advised the board that there was a point made by someone in our community about us tapping into our line of credit. Because of the tax levy’s and the county not being able to collect the revenues, but to address this as a whole, the papers stated that the county is cutting jobs, they are on hiring freezes, and so on. She asked B.J. if we were the only department in the hole and we are not. This is a county wide issue. There was some confusion in the tax billing and some went out a month late, so has definitely not only affected our fire department but every county entity. Nichole Jenks stated she had looked into this quite thoroughly.
There was some inquiry about the vehicle use by the Fire Chief and the up and coming Assistant Chief who won’t even be working with us until January 8th, 2008. The concern was that we had an Assistant Fire Chief driving to and from Lake Havasu in a vehicle every day, and clearly that is not going on. She stated that the person just didn’t have the correct information, and that Jeff Sayre will not have a company vehicle until he is gainfully employed and with our fire department. He will have use of the vehicle while at work but will not be using the company vehicle to commute back and forth to his residence until he moves into the district. This issue has been addressed before, but we as the board just want to put these issues to rest with the public and their concerns without having all the knowledge. Nichole Jenks felt the facts should be put out to the public and that the department is not doing anything outside the law or that is not approved by our policies. Chief Barboa has a company vehicle and is actively searching for a home in the district at this time. Vic Colvin wanted to address the fact that in the last 9 years it has been policy that the Chief and Assistant have vehicles. Every vehicle that has been purchased in the last 9 years has been extremely used by the county prior to our acquiring them. Nichole Jenks stated that this is the first new vehicle the department has bought for this particular use.
Steve Galner addressed the tax levy rate at 2.75% per hundred and the max is currently 3.25%. We have not changed the levy since 2004. At this particular time we do not see raising the tax levy. We have kept the rate where it was in order to have a buffer if needed. Nichole Jenks stated that we have continued to improve the department over the years.
In regards to the contract with Jeff Sayre as Assistant Chief, Lovelle Barnett has a comment. Lovelle Barnett stated that Jeff Sayre had chosen not to participate in the retirement and medical benefits, and this would save the department $9,584.32 but instead the board has very generously decided to increase his salary by that amount. Please explain why an opportunity to save nearly $10,000.00 was instead converted into this outrageous bonus, and will the board be offering this option to other employees? Another question, when the Assistant Chief receives an increase, will it be based on his pre-bonus salary of $63,953.44 or his post bonus of $73,5. Steve Galner interrupted Lovelle Barnett at this point and stated that this was not a bonus, this is part of his contract. It is not a bonus, it is a part of his negotiated wage. Nichole Jenks stated that he is responsible to buy his own medical insurance and to pay his own retirement and anything else. Steve Galner clarified that this was not a sign on bonus but just part of his contract. Lovelle Barnett asked why give him this when the department could have opted out and saved $10,000.? The question is why didn’t the board take advantage of saving nearly $10,000.00? Steve Galner answered that this was the negotiated wage and the board wanted Jeff in the department. Marc Frederick stated that Jeff Sayre opted out of our offered medical and retirement. This did not relieve him of still having to obtain these things on his own. By opting out it saved the department that sum of money. Lovelle Barnett stated that the department still gave him this money. Marc Frederick stated that the board felt that this is something that we are giving to every other member of the department and the board felt it appropriate to up his salary by that same amount. Jeff then has a choice of investing or whatever.
Lovelle Barnett asked if the other employees can opt out of the medical, dental and retirement and the department would give them the extra money. Marc Frederick stated that he did not know if that was an option and would have to consult with James Schoppmann of the County Attorney’s office or the retirement system. James Schoppmann advised that this was not currently addressed in our policies and it is something we could look into. The reason that this was spelled out in a contract is this is a unique situation with Mr. Sayre in that he is coming in off a full retirement with the system so the contract was written in a way to make it clear that the district was not heavy handing anyone. Both parties are aware that Mr. Sayre does not wish to participate in our system, and that he is responsible for his own thing. This is different and this was clearly Mr. Sayre’s choice. No issues of liability should arise. Steve Galner stated that Mr. Sayre should not be penalized that compensation of the benefits package because of his having it somewhere else, so this was added in cash value to his negotiated contract. Marc Frederick stated that if other employees were interested enough, the board would look into their possibility of opting out. Nichole Jenks stated this was to be considered on a case by case basis. Marc Frederick stated this was a contracted position and not an at will employee.
Lovelle Barnett asked if the Assistant Chief receives an increase, will it be based on the pre bonus salary of 63953.44 or the post bonus. Nichole Jenks informed Lovelle that she keeps referring to a bonus. This is not a bonus, a bonus would be like a spiff. Steve Galner answered her question regarding the basis for the raise with it remains to be seen. The board will cross that bridge when the time comes. Lovelle asked that if the medical and retirement goes up, will Mr. Sayre’s wage increase. Again, Steve Galner stated that remains to be seen. Steve Galner stated that Mr. Sayre had not even started the first contract and she is questioning the second one. This is kind of a silly discussion at this time. Lovelle Barnett stated that the new assistant chief is required to live within the district but that the contract did not state the time frame. When is he required to meet this? Steve Galner and Nichole Jenks advised Lovelle that this issue had been addressed.
James Schoppmann stated if there was blame in these things not being addressed in the contract, he was at fault. He stated that he really didn’t think that anyone would question this. The contract is based on the AFDA contract and some employment contracts are 15-20 pages. Steve Galner advised those present that the board was comfortable with the language and the drafting of the contract as they discussed it and there was no further need for discussion.
5. Discussion and Possible Action Re: Allegations of Open Meeting Law Violations by the Golden Valley Fire District Governing Board and Authorizing the County Attorney’s Office to Respond to the letter dated November 1, 2007 from the Arizona Attorney General’s Office, on Behalf of the District. The Governing Board may, by motion and public majority vote, recess into executive session for the purpose of discussion or consultation with the attorney or attorneys for the Governing Board for legal advice and/or to consider its position and instruct its attorney or attorney(s) regarding the Governing Board’s position in this matter or in settlement discussions conducted in order to avoid or resolve litigation, pursuant to A.R.S. 38-431.03(A)(3) James Schoppmann advised the board that allegations have been made by Mrs. Barrett’s contention that there must have been some discussion or a quorum of the board outside of a meeting to have arrived as things did with the hiring of the Fire Chief and the Assistant Chief position being created. Steve Galner asked if this was based on any kind of fact or was this just pulled out of the sky? The Attorney General stated that based on the information that was provided to him by Mrs. Barnett, the board may have had prior communications in selecting the candidate. James Schoppmann stated that all was properly agendized and noticed at board meetings. James Schoppmann advised the board that they can go into executive session to discuss this. Steve Galner stated he did not want to waste two seconds on this. Nichole Jenks stated that the board needs to move forward once and for all. James Schoppmann stated that he was seeking authorization to address this matter with the Attorney General’s office. Nichole Jenks made a motion that the board authorize James to address this matter, Lucky Anderson 2nd, all in favor. Nichole Jenks stated that James is the departments attorney and he has directed the board in this and other matters and he can handle this.
6. Discussion and Possible Action Re: Plan and agendize an open meeting law training session for current and new board members. James Schoppmann advised the board that because of the last complaint filed, the board was required to have a training session on the Open Meeting Laws each time the board members change. Marc Frederick and Nichole Jenks have not attended these sessions. The next regular scheduled meeting is December 12th. Steve Galner made a motion to have this training on December 12, 2007 at 6:00 p.m., Marc Frederick 2nd, all in favor. James Schoppmann requested that all members attend and bring their copy of the Laws.
7. Correspondence:
Discussion and Possible Action Re: Letter dated October 8, 2007 from Yvonne Meredith, President of the Friends of the Golden Valley Library thanking the Golden Valley Fire Department for the ride on the old fire truck. Steve Galner read the thank you to those present. No action need be taken.
8. Board Member Comments: Discussion and possible action re: agendizing future new business, committee, special, workshop meetings, and any other matter deemed necessary for consideration.
9. Call to the Public:
This is the time for the public to comment. Persons must first be
recognized by the Chair and state their name for matter of record. Members of the Board may not discuss items that are not on the agenda. Therefore, action taken as a result of public comment will be limited to directing staff to study the matter or scheduling the matter for further consideration and decision at a later date. Trish Ford, as a representative of the Golden Valley Days Committee, requested the department to attend the meetings and be a member of the committee. The next meeting of the committee is scheduled for January 16th at 6:30 p.m. at the chamber office. Chief Barboa affirmed that someone from the department would be in attendance. No other comments were made.
10. Adjournment: Vic Colvin made a motion to adjourn at approximately 8:10 p.m., Nichole Jenks 2nd, all in favor.
prepared by: B.J. Kasso Date 11/16/07 Time: 4:53p.m.
Supporting documentation and background material for agenda items may be reviewed in the Golden Valley Fire District Administrative Building located at 3327 Mayer Road, Golden Valley, Arizona.
The Golden Valley Fire District endeavors to ensure accessibility of all its programs, facilities and services to all persons with disabilities. If you need an accommodation, please contact the District at 928-565-3479. Please make any request for accommodations as early as possible.