Cedar Mountain Fire Protection District
Minutes
July 9, 2016
3620 Mammoth Creek Road, Duck Creek Village, UT. 84762
Board Members Present: Mike Petullo, Chairman
Frank Gagliardi, District Clerk
Brad Robbins, Treasurer
Chuck Brechler, Member
Jay Wilhelm, Member - Absent
Robert Shackleford, Member
Vacant Position, Member
It is July 9, 2016 at 10:02 am. This is the July meeting of the Cedar Mountain Fire Protection District Board of Trustees. We are now in session.
Invocation
Pledge of Allegiance
Agenda:
Chairman's Comments:
Chairman Petullo states they had their 4th of July Pancake Breakfast last Saturday. He states that Betty is not here and was going to give a report. He also states it was successful and will leave the rest for Betty to talk about at the next meeting.
Diane Adams is in the audience. Chairman Petullo states they went to the County Commissioner's meeting a couple of weeks ago and states they were directed to put a notice on the public notice website and it was there for a couple of weeks. Karla Johnson wrote it up and emailed to the office and they put it on the website. He states there were no responses, so Diane and Frank are going down on Monday at 10 o'clock to the Commissioner's meeting.
Chairman Petullo states that the last few meetings they have been getting some folks that don't regularly attend the meeting and just as a reminder their meetings are conducted in accordance with Robert's Rules of Order so as topics come up on the Agenda and then presented by the sponsor of that topic, the sponsor needs to have the floor until they have presented the whole topic and then when they yield the floor then the Board can make comments and of course they will take comments from the public. He states it's his fault for forgetting to remind people of this and when the secretaries are trying to transcribe the minutes from the recording it gets kind of confusing when there is like 3 people talking at once. So if everyone could remember that, the sponsor talks, when they yield back to the Chair you can raise your hand like they have been doing and be recognized and you can get to talk, and then yield the floor back.
We got our Audit Report back electronically states Chairman Petullo and there are hard copies of the audit that are coming in the mail for the Board Members. If you want to look at it ahead of time, he states let him know and he will email it to them. There were no sightings financially for the district. There were a couple of administrative things. He states he thinks they talked about one. Starting in 2016 they are supposed to post the minutes to the meeting on the public notice website. He didn't know and he did do it, but they got written up of it anyway in the report. There was nothing major. There were no financial issues at all.
On July 21st, in a couple of weeks, the Water Conservancy District is hosting their yearly meeting here at the station with dinner at 5pm and meeting at 7pm stating apparently the public is invited so spread the word. Since most of us are members of the Conservancy District he states it might be good to go to their board meeting.
Chairman Petullo states that he and the Chief attended the Zions View Homeowner Association meeting after the Pancake Breakfast last week. He states they were on the agenda for two things. The Chief did his presentation on full time firefighters and that went over fairly well, stating that the people out there are all for it. The other thing that was talked about was snow removal as far as the district is concerned. As of last Saturday, that day, there were 58 responses from the property owners out there; 38 no's, and 20 yeses. So, he states, that's where they stand with that for the time being.
Approval of Minutes:
Motion on the table to approve the minutes by District Clerk Gagliardi.
Motion was seconded by Treasurer Robbins.
Motion carries.
Treasurer's Report (Zion Bank Presentation regarding accounts):
Capital Improvement $ 151,849.49
Fire Funds Checking $ 17,381.38
Fire Funds Savings $ 139,548.81
Fund Raising Savings $ 7,276.05
Mountain America $ 3,003.86
Snow Emergency Fund $ 3,005.81
Snow Removal Funds $ 51,033.66
Wells Fargo $ 237,569.33
Zions $ 416,351.78
Total Checking / Savings $ 1,027,020.17
Motion to approve the Treasurer's Report as presented by Member Brechler.
Motion was seconded by Member Shackleford.
Motion Carries.
Treasurer Robbins states that next up, as you recall at the last meeting he talked about some of the banking changes he wanted to make. Today we have Kaye Raby here from Zions Bank to talk about what they can offer us as far as banking products are concerned Treasurer Robbins states.
Treasurer Robbins then turns this over to Kaye Raby who speaks on behalf of Zions Bank. There is a lengthy discussion of questions and answers between Kaye and the Board Members.
Motion to allow opening of a Fire Checking Account at Zions Bank pending answers to the questions the Board had for Kaye Raby by District Clerk Gagliardi.
Motion was seconded by Treasurer Robbins.
Motion Carries.
District Clerk's Report:
District Clerk Gagliardi states they spent a lot of money this month, almost $40,000 which is roughly twice what they typically spend per month and that is because of a lot of payments that they ended up making for what had happened in prior months including about $9,500 for the newsletter. The surety bond, Utah code changed and they are now required to have all Board Members bonded. It used to be just the Treasurer and Clerk before. Their bond payment has gone up dramatically, stating it's up to $2,300 now and it just renewed, so our timing was good on changing that. He states they had the parking lots resurfaced which cost them a little over $7,000; purchased an AED for Engine 71 that was a little over $1,000; and them they had the 940 and 941 taxes that totaled about $3,500. Those were not ordinary expenses. In terms of per line item expenses they had some that are a little over budget for a variety of reasons and he will be over the next few weeks prior to the next meeting adjusting those.
District Clerk Gagliardi states he passed out to all the Board Members a copy of this year's current budget and has asked for input on next year's budget. He states he has only received one input so far and askes for the Board to get their input to him. He plans for a budget hearing in October.
Chairman Petullo states while on the issue of the budget, he states that the Department of Labor issued and the President approved which involves the Chief's salary as a salaried employee that the minimum salary is going from $445 (the minimum salary) to $913 a week and takes effect December 1st. He states it may be something District Clerk Gagliardi might want to consider because unless it gets repealed the Chief's salary is going to go substantially. District Clerk Gagliardi states this is exempt versus non-exempt employees. The law changed this year and exempt employees (salaried employees) will be paid $47,500. This is the minimum that you can pay a salaried exempt employee per year he states.
District Clerk Gagliardi states the Chairman mentioned the Pancake Breakfast and he has a couple of number that the Board might be interested in. He states nothing is final yet, but we took in about $9,000. We had just under 1200 people sign in, but they had a lot of people approach from different directions and they didn't go through the check-in process and so this is something that they are going to need to look at again next year to see if it can be refined. He states their expenses this year were less than they were last year, but doesn't have an exact number yet. They didn't have to buy food this year which saved them a couple thousand dollars District Clerk Gagliardi states from last year.
He and Diane Adams are going to be going down to the commission meeting on Monday and hopefully they will agree with them on appointing her to the vacant board member position.
District Clerk Gagliardi states he was asked last month to put together an RFP for website development. He states he has it almost finished and says it has become much more of a process than he had envisioned it to be.
Chief's Report:
Responses:
Chief Tuttle states they have responded to 27 calls for service since the last Board Meeting.
21 EMS calls of which 3 were ATV accidents and 2 were motor vehicle accidents.
3 Fire calls
4 Miscellaneous or Public Assist calls.
Fleet:
Vehicle Maintenance:
Weekly rig and equipment checks were performed.
Squad 71 is now in service.
Training:
The EMR class is complete. Practical testing is also complete with everyone passing their National Registry Psychomotor Skills Examination. The National Registry Offices are issuing written testing authorizations for the students and written testing will be scheduled by the students.
With the summer weather we have been having drills on our Tuesday training nights.
Grants:
No word on the 2015 Assistance to Firefighters Grant (Engines and Extrication Equipment)
No word on the 2015 SAFER Grant (Paid Positions)
Full Time Firefighter Positions:
Chief Tuttle states he has received six applications from candidates for the two full time positions.
Two from members on our fire department, three from Panguitch Fire Department and one from the state of Washington.
Testing is today here at the Main Fire Station.
Written Examination is at 0800 hrs.
Physical Agility Examination is at 1000 hrs.
Oral Board Examination is at 1400 hrs.
Chief Tuttle states he has attended Property Owner Association meetings with Strawberry Valley, Meadow View Heights and Zion View Estates to present the concept of full time firefighters and 24/7 coverage. Overall the feedback has been positive with good question an answer sessions.
Pancake Breakfast 2016:
Our annual pancake breakfast event was a success again this year. We served approximately 1200 people and raised approximately $9,000. In addition to the pancake breakfast we had a variety of attractions, information booths and special events taking place.
Rides in E-71 & E-72
Children could spray water with booster lines on E-74
Popcorn
Snow cones
Fire Safety Trailer teaching E.D.I.T.H. (Exit Drills In The Home)
Sparky was working the crowd
K-9 Demonstration by the Kane County Sheriff Department
Everbridge Information Booth
Disaster Preparedness Information Booth
Classic Air Ambulance Booth
Red Cross Blood Drive
Tee Shirt Sales
Challenge Coin Sales
Raffle Prizes
Forest Service Booth
DNR Booth
Chief Tuttle states he would like to give credit to the many volunteers that made this event a huge success; and to the Kane County Sheriff Office for the loan of their mobile cooking trailer.
He states they had one incident where one of our volunteer firefighters was injured during the K-9 demonstration. The K-9 knocked her to the ground during a juvenile detaining demonstration. The department is currently working with Workers Comp to handle follow up medical needs for her. She was treated at the station for abrasions to her left knee and left elbow as well as swelling to her left knee. The swelling worsened later that day and she was taken to Garfield Memorial for examination by the emergency room doctor. She is following up with her primary physician in Las Vegas.
Brag Badge:
Chief Tuttle states they have had 9 children visit the fire station for a station tour. This is part of the Kane County Unplugged Program offered where children participate in activities to earn a Brag Badge.
Chairman Petullo asks Chief Tuttle if the Alton Ambulance is still Out-of-Service. Chief Tuttle states it is back in service now. Chairman Petullo asks Chief Tuttle if he knows how long it was Out-of-Service for. Chief Tuttle states that technically, it was Out-of-Service for about 4 hours the first day and 4 hours the second day because they swapped Ambulances. Chairman Petullo states the reason he is asking because he thought it was Out-of-Service for a couple of weeks and he thought that if it was coming from Orderville, that is a really long drive if there was an emergency and it is the wrong time of year to not have an Ambulance within a reasonable distance of the mountain when you've got 4,000 people up here at any one time. Commissioner Smith mentions that Kane County has an extra Ambulance just for these types of issues.
Chief Tuttle states that the department's stats for the first and second quarter are in the binders for the Board Members to look over. He states it shows the increased call volume and increased response volume. Chief Tuttle states they are doing really well as far as making their responses, noting that their department is getting more calls.
Chairman Petullo states that something he was talking with the Chief about and the Deputy Chief was that when they have an ATV accident on one of the trails, when people call in they'll just say they are on, for example, Trail 1. If there is an accident on Trail 1and they don't know exactly where on Trail 1 because Trail 1 starts in Elk Ridge and comes all the way up to the fire station so Chairman Petullo states he would like the Board to think about maybe approaching the Forestry Service in putting some markers on the trails like there is on the roads with mile markers. This would give the responders that go out a better idea of where on these trails people are. There is a discussion regarding this topic and District Clerk Gagliardi suggests that the Chief get with Spencer and the Forest Service and see where they can go with it. Commissioner Smith also suggests getting with the Sheriff's Department too.
Old Business:
Townsite Act and Station Expansion (No Report):
Chairman Petullo states there is nothing to report. He states he is not sure if the meeting on the 21st of July, the Water Conservancy District meeting, is going to include the Townsite Act report. Chairman Petullo states that last year during that meeting it did include it.
Real Property (Swains) Board (Discussion and or Action):
Chairman Petullo states this item is about Barbara Christensen and donating land in Swains Creek. This has been going on for several months.
Swains Creek Barn/Metal Building Board (Discussion and or Action):
Chairman Petullo states they talked about this last month when the Attorney was here. He asks if anybody has found any information out on this stating he has been gone for 3 weeks so he hasn't been able to. The issue he states was that the attorney mentioned they'd have to get some kind of an approval from the POA to use it as a commercial building to put the fire engine in it. District Clerk Gagliardi states that if he remembers correctly, the attorney suggested that they get the local property owners' approval as well as the POA because down the road they could still have someone complain about it being a commercial building. Chairman Petullo states that maybe this would require talking with the HOA President again and maybe they can send something out on their website before the Board proceeds with it. Chairman Petullo asks if any Board Member would like to take the lead on this, but no one responded. He then states he will talk with the HOA President himself.
MOU Swains Creek Barn Board (Discussion and or Action):
Chairman Petullo states he doesn't know if Swains Creek has done anything with the barn. He states he did talk with the attorney this week, Devin Snow, and he was working on the MOU, but when he realized that the CMFPD Board wasn't going to vote on it yet, he tabled the MOU for the time being until they get further along and have more information. He then asks if anyone wants to take the lead on this, again with no response. Treasurer Robbins then states to Chairman Petullo that he'd better off assigning people things. Chairman Petullo states that since he will be speaking with Janelle he will talk with her regarding this topic as well.
Harrisell Corp Website Design Contract Board (Discussion and or Action):
Chairman Petullo states that Attorney Devin Snow didn't mention anything about this. He then states that the attorney wanted to look at Harrisell Corp's contract last month. District Clerk Gagliardi states that the attorney indicated that the way the purchasing laws are now they need to go out for an RFP which is what he has been putting together, but states he doesn't think they will be able to beat that deal based on the research he has done so far. Treasurer Robbins states he doesn't believe they need to keep this topic on the agenda anymore if they are doing an RFP. The Board Members all agree to remove this item from the agenda.
Impact Fee Public Hearing Date Board (Discussion and or Action):
Chairman Petullo states the Board should have received an email from the attorney regarding impact fees. He states that basically what it says in the letter is that they can't charge an impact fee, which the attorney quotes a statute and goes into some detail. And then the attorney said they can't do a special assessment, in other words a one-time fee to raise the money; different term, assessment. They use that term with their fee that they charge every year. He states that the attorney quotes an assessment act and is not sure if it really applies. Chairman Petullo states he will go back to the attorney and ask him about the assessment charge. What the attorney did suggest is a purchased lease agreement with Zion's Bank and states the attorney talked with Zion's Bank and the bank was agreeable to purchase the land and then they would sign a lease agreement with the bank. When they pay off the purchase price, the land is turned over to CMFPD. He states this is regarding the Townsite Act; this is the land that he is talking about, the property that Station 1 sits on. This was an option suggested by the attorney because they said CMFPD cannot do an impact fee or an assessment fee.
Swains Creek Debris Removal Chief (Discussion and or Action):
Chairman Petullo states that this has to do with the folks in Swains Creek that wanted to donate their building to burn down and they wanted the fire department to haul away the debris, it was a substantial amount of money. He states the Chief was going to ask the property owner in Swains Creek if the fire department could still use the building, since they have to haul it away anyway, whether they knock it down and haul away the stuff or they donate it to the fire department to use for training and then haul away the debris. Chief Tuttle states he spoke with them and they said it was definitely an option. The property owners are going to look at costs because it might be cheaper if the fire department burns it down. The property owners were concerned about some of their trees as some are pretty close to the structure. Chief Tuttle states he informed them that there would be some scorching damage and some of the smaller trees might be lost all together. So the property owners are going to contact contractors so that they can make a decision on whether the fire department can burn it down and then they would have the debris removed or whether they are just going to let the fire department train on it and then tear it down. Chief Tuttle states that in all of reality it would probably be easier for the fire department to just train on the building and then the property owners could tear it down. There wouldn't be live fire training but they could still do firefighter survival training, search and rescue drills, etc. with it.
This will be tabled for the next meeting.
New Business:
Asset Acquisition Wish List Frank/Brad/Chief (Discussion and or Action):
District Clerk Gagliardi states it is actually a priorities list. Treasurer Robbins, Chief Tuttle and he looked at from now through the next 10 years give or take, what do they need to operate this department in the way that they anticipate that it's going to be needed. They looked at all those things that they thought were high dollar items more than just what they could absorb in regular annual expenditures. Roughly how much that would cost in today's dollars and what the sequence of priority is. This is just a draft he states, so there is nothing final on it. The majority of this was the Chief's priority and the highest priority was personnel, getting some full time paid firefighters here. This is a dual issue. It is an initial cost but it is also a continuing annual cost. The second priority is a station expansion for Station 1 building states District Clerk Gagliardi. This building was built approximately 20 years ago based on the needs 20 years ago and it doesn't meet all of the needs today. They are short a number of bays, stating you could argue up to 9 bays they are short, but whether you go with 1 short or 9 short, they still are short. With the increased usage in their conference room, even stating that today they have people out in the bay taking written tests because they don't have a room for them that is suitable for written tests while the Board is doing board business. There are a lot of times they have to turn people away because of functions. People want multiple functions at the same time in this room (CMFPD Conference Room). District Clerk Gagliardi states there are lots of issues with this station expansion and the Townsite Act is impeding some of the progress on that, but that doesn't mean that it's not a real high priority for them. He asks the Board to look at the list and get some feedback back to Treasurer Robbins, Chief Tuttle or him; or even all 3 of them on what they think. Treasurer Robbins states he thinks that this is extremely important to know what is important as opposed to what isn't. He states he has 30 years' experience in this business and it's is still kind of difficult for him to figure what really is a priority. That is when he and District Clerk Gagliardi began talking and came up with this Priorities List for the Board. He states that it will be important when they move forward, especially with the budget coming up for District Clerk Gagliardi, is how to prioritize the monies that go into these different categories. District Clerk Gagliardi states that if they can vote on this at the next meeting, then they can add this list to their strategic plan.
Salli Shackleford asks to comment. She states that she thinks that it is very important for us as the public to understand what you as a Board, what your priorities are. She states the Priority List is key for them as the public and other members of the public that may be less informed.
Comments from the Public:
Salli Shackleford regarding the No Parking Ordinance that they talked about during the winter time with Kane County and getting that kind of going. She asks the Board where they are on it.
Commissioner Smith states that misinformation came out first when they were told that there wasn't a statute that kept people from parking on the road and so he got with the Sheriff on it as he knew there was. And so he dealt with the Sheriff and he corrected his Chief Deputy, stating it will be enforced. They have to see the vehicle there, ask them to move, then if they don't move the Sheriff's Department can impound the vehicle to the expense of the owners. It is a State Statute per Commissioner Smith.
There is a lengthy conversation on this topic between the Board Members, Commissioner Smith, Salli Shackleford and the public.
Closed Session:
No reason for a closed session.
Adjournment:
Motion to adjourn by District Clerk Gagliardi.
Motion was seconded by Treasurer Robbins.
Motion carries.
It is 11:44 am on July 9, 2016. The monthly meeting of the Cedar Mountain Fire Protection District is now adjourned.
Minutes Approved by ________________________________________Date_________________
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Michael Petullo at 435-682-3225.
Notice of Electronic or Telephone Participation
One or more members of the Cedar Mountain Fire Protection District may participate electronically or telephonically.