General Information

Government Type

Special Service District

Entity

Cedar Mountain Service District

Public Body

Board of Trustees

Notice Information

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Notice Title

May 2018 Minutes Final

Notice Tags

Administrative Services

Notice Type(s)

Meeting

Event Start Date & Time

May 12, 2018 10:00 AM

Event End Date & Time

May 12, 2018 12:00 AM

Description/Agenda

Cedar Mountain Fire Protection District Minutes May 12, 2018 3620 Mammoth Creek Road, Duck Creek Village, UT. 84762 Board Members Present: Mike Petullo, Chairman Diane Adams, District Clerk Brad Robbins, Treasurer Bob Shackleford, Member Charles Hightower, Member, Absent It is May12, 2018 at 10:02am. This is the May monthly meeting of the Cedar Mountain Fire Protection District Governing Board. We are now in session; we have a quorum. Chairman Comments: Chairman Petullo Chairman Petullo stated Kimball and Roberts CPS Auditors did our yearly audit on May 3, 2018. They were finished in one day and no final report has been received as of yet. Congratulations were extended to Cheryl Tuttle, Editor, Carol Gagliardi, Senior Associate Editor, Betty Moore, Marketing and Janna Coleman, Graphic Designer for all their hard work on the 2018 Cedar Mountain Lookout Magazine and to all the businesses that placed ads. Approval of Minutes: Motion was made by Treasurer Robbins to approval the April 2018 minutes. Motion was seconded by Member Shackleford. Motion Carries Treasurers Report: Treasurer Robbins reported: Checking/Savings Mountain America $455,523.86 Snow Emergency Fund $246,291.41 Snow Removal Funds $180,925.58 Zions Fire Checking $615,654.65 Zions Fire Checking/Savings $255,579.78 Total Checking / Savings $1,753,975.28 Motion to approve the Treasurer's Report by District Clerk Adams. Motion seconded by Member Shackleford Motion Carries. District Clerks Report: District Clerk Adams will only highlight those that we have had major activity or we anticipate other major activity. Line 71, in General Ledger Station 2 Pest Control was 1000% above what we budgeted, but we are still under for the total category percent. Category 91, Communications our pagers were more than budgeted, but we are still in good shape . Line item 121, Newsletter over $8000.00 was collected for the magazine due to the good work of Cheryl, Carol and Betty. There was a $10,000.00 expense line there so all it ended costing the Fire Department was $1109.80. The District Clerk is moving $6000.00 to a general ledger we will talk about later where we have some unexpected costs. Congratulations are in order and they are still going to ask for $10,000.00 in next year's budget. Payroll expenses Line 157, Volunteer Payroll is over due to Firefighter Harris being pregnant and is now on maternity leave without pay. So things should come back in line as we back fill her firefighter position. Only 30% of the payroll has been spent for this time of the year which is pretty good. Line 206, Training we have spent 94% of the budgeted amount. The biggest amount for that came in for EMS training and fire structure training. We will need more money as there is travel coming up. From this point forward let's have more conversation before spending more money on training. We need to be sure that is appropriately budgeted. Line 262, Engine 71. Line 265 repairs for Engine 71 that blew a few gaskets so to speak. $6000.00 has been added to this line number. The repairs are $3828.00 but more money was put there to keep it operational. Line #724, Wildland Engine 74, we are at 94% so if we need to do something more to E74 we will need to have a discussion. All else looks good. End of report. Chief's Report: Response: Since the last board meeting we have responded to 8 calls for service. 3 medical calls 1 fire call 1 public assist call 3 fire pit approvals Fleet: Vehicle Maintenance: Weekly rig and equipment checks were performed. All is up and running except our water tenders. Engine 71 is back in service and the total came to $3829.53. T-71 and T-72 are scheduled for repair next week. Baird's Diesel will complete the work on the two tenders by installing a battery switch and new batteries in both units. Fire season came early this year so we are kind of behind. French Drain: The work on the French drain has begun. The trench has been dug and some rock needed to be removed from it. We ordered 40 tons of one inch crushed rock to be delivered on Friday May 18th. That will take care of the French drain; the parking area and rock will be put in the flower beds out front. Training: CMFPD sponsored wildland refresher training for maintaining wildland certifications on May 4th and 5th. All our wildland firefighters have been refreshed and the Chief has sent in for their red cards. Five of our firefighters passed their National Registry Psychomotor Skill Evaluation on May 5th. They are waiting to be allowed to sign up for the National Registry Written Exam later this month. Each one schedules on their individual basis. The Chief is hoping everyone passes that on the first try. If so, then we will have five more AEMTS. Cedar Mountain Lookout: As mentioned as before, the annual publication Cedar Mountain Lookout is out. Property owners should have begun receiving their copies in their mailboxes and several copies have been delivered to businesses throughout the village. There are some here if someone did not receive a copy. Pancake Breakfast Fundraiser: For this year's Pancake Breakfast Fundraiser we will be raising funds for Stop the Bleed stations to be placed next to our existing AEDs throughout our district. We will also be raising funds for the purchase of three multi-gas detectors that will be placed on our emergency response vehicles. We currently have one and are in need of three more. Treasurer Adams asked the Chief to give more information on Stop the Bleed programs. Chief Tuttle responded that Stop the Bleed is a new program being pushed by the Homeland Security system. The thought behind it is in the last incident in Florida where 17 students and teachers were killed, they feel that if there had been a big push for Stop the Bleed several of them could have been saved. The Chief did his recertification for his EMS Instructor that taught the entire instructors in So. Utah, Stop the Bleed class and they encouraged the instructors to teach the program in their local areas. Our fire department will now teach this class and will talk about wound packing, tourniquet applications. District Clerk Adams asked if he would have the metal boxes to secure them in, secure them next to the AED's throughout the subdivisions. Chief Tuttle said it would be on the honor system and no one has messed with the AED's so far. These are checked every month. Combination Fire Department: Firefighter Harris has completed her admin assignment and is now officially on unpaid maternity leave. Her doctor would not allow her to drive all the way up here until after she has given birth. She will come back October 2nd, 2018. In the meantime since she has been taken off her line position and moved into the administrative position her shifts have been covered by Volunteer personnel. They get paid a wage while they are covering a shift. Fire season is coming and the Chief is allowed to hire someone in a temporary part-time capacity. He has hired McKay Leavitt for this position on a temporary basis for June, July and August. This will give shift continuity and the Chief knows he can give assignments to and he will be there. Firefighter Leavitt is one of our members that just finished his AEMT class and is taking his National Registry written test later this month. If all works well he will be an AEMT and able to run calls as well, plus Firefighter 1 and 2 certification courses. He will start on June 3rd. He will come up later this month for some training so he can hit the floor running. Chief Tuttle stated this is later in the agenda, but would like to discuss it now. Fire season has snuck up on us this year. We are having our fire activity this time this year which does not usually start until June. There is low humidity this year. He had a talk with the firefighters and he wants immediate response time. They have their structure turnouts they wear in the trucks. They have wildland gear in their lockers. Generally with wildland you have more time to get mobilized, but he wants immediate response time. The Chief has instructed the firefighters to wear their structure gear for a callout, but it costs about $2500.00 a set for the turnouts. More wear and tear on the turnouts, thick and heavy and wear our people out faster. So, with that in mind, they talked about getting Nomex pants for around $150.00 a pair. He would like to buy a pair of pants for each firefighter and then have them buy a pair out of their clothing allowance. They would have two pair here at the station for their 48 hour shift. Old Business: Townsite Act: Nothing new to report on this. Commissioner Smith said they told him within the next year. Long Range Plan 2018 This is Charles Hightower and he is absent today and this is tabled until the next meeting. 2018/2019; 2019/2020; 2020/2021 Snow Contractor Bid Opening. Chairman Petullo opened the sealed bid from Brandon Harris Construction and read all the contents for the bids on different subdivisions and combination bids for the next three years. Provided was a list of equipment to be used etc. Chairman Petullo then opened the sealed bid from Mountain Time Cabin Services and he then again read all the bids for the subdivisions and combination of bids for the next three years. The bids will be taken under consideration and they will be awarded later in the month or in June. Brandon Harris brought up the question if their bonds would still be good at that time. He will call his bonding company and let us know. The snow committee will go over each bid and report back their findings. Swains Fire Station Project. This was on the agenda last month and the question came up if this had been notarized or not or notarized and recorded. Monday morning this will be recorded in Kanab. Western Kane County SSD Chairman Petullo received a call from Wade Heaton regarding a dumpster issue up here with Color Country. The Western Kane County was kicked out of Color Country and now has no place to put the dumpsters. They wanted to put them in the area just off of Hwy. 14 and the Forest Service says no, 'Go talk to the fire station.' Even though the Fire Station is on Forestry land the forestry service says they can put dumpsters here. They would like to put the dumpsters on the south side of the parking lot. Chief Tuttle spoke with Wade Heaton about what exactly we are going to have and it will be 8 small dumpster, bring in dirt and gravel and level the ground for the dumpsters. They would probably be there for one year or until the Township act is finalized. Chief stated he thinks is a good idea to locate them here, as firefighters could quickly battle a bin fire and keep the area clean. Chairman Petullo has a concern about water heaters, washing machines couches etc. being dumped out there. Commissioner Smith stated they now have state of the art camera system that will be put up where ever there are dumpsters. These can be watched by phone and the people doing the dumping will be fined. District Clerk Adams had some questions about the locations. Her concerns were landing of Classic Air, providing First Aid next to refuge and a bigger traffic issue; having people dumping trash when we have a call out. She feels this puts us at risk and jeopardy and we don't own the property. Discussion followed and since the SSD district has already made the plans to dump the dirt and gravel here, it is more or less a done deal. The Forest Service owns the property and they told the commissioners to put them there. Precise Tax/ Diane- Derrick and Cary Clark. District Clerk Adams stated there have been some challenges with our checking account and how somethings are reported, how somethings are done. District Clerk Adams would like some consideration for possibly changing how we handle some of our disbursements. There is a lot of time spent in the office entering into the system, getting it approved, then to the accountants, they have to do more data entry to facilitate this and then it goes to the bank side to be posted and then it has to be approved again. It seems like not only do we have duel protection we have quadruple protection and hands into something. It is difficult and challenging the way the statements are prepared at the current time. Cheryl was doing work in research for grants trying to find where in one big disbursement where the money actually went. Especially when it is an automatic credit for our vendors it just shows one big out and not all the line numbers sometimes. District Clerk Adams turned the discussion over to Derrick Clark our CPA to talk about the nuts and bolts about what is going on. Mr. Clark stated the way it used to be done, when bills were paid we would cut the check and have two signatures on the checks and send out to vendors. Payroll was done through QuickBooks, once the timesheets were approved they were sent to Precise Tax and that basically was the last step done. This was switched about a year ago through Zions Treasurer Gateway System which is an on line ACH direct deposit. You go into their system, create templates, get them approved by multiply people, then the accountants figure out the amount due on payroll, and then they go out for signatures again with a due date on them. Time line when they have to be approved. Some of the problems have been getting them authorized for payment. For the vendors they use to get a check for services or goods, deposit the check and that was it. Now with the direct deposit for them, they do not look at their bank accounts to be sure they got the money or not. They do not check their bank accounts every day and by the next month they show we still owe them money and they send an overdue bill which has to be researched and send them where the payment was made. Lots of times the person recording the payment does not have access to the bank account to record properly. Then CMFPD has to send a notice out they were paid. The challenge for CMFPD is we do not have verification. We don't have a check that was cashed so we can copy it and send it to them. When we get our bank statement there is a lump sum where we paid multiple vendors in one lump sum. With the grant option, they are looking back for a certain period of time and Zions Bank doesn't give us access to those transactions for more than 6 months, so if you want verification on some type of bill that was paid 6 months ago all we can see is the transaction for a lump sum. District Clerk Adams said the one thing the fire department is now doing for the benefit of all of us is applying for grants and often times they are retro-active to monies that have been spent. District Clerk stated when she says we are getting close on the general ledger in the back of her mind she know we are going to get some of this back. In years past grant money was not sought when grant monies were available to us. The situation we are in is easy on some of us but them creates duplicate and very much harder work for others. Treasure Robbins wanted to get things straight. What they want to do is go back to the way of doing things as before. Treasure Robbins stated no large city; no legitimate city uses the system we were using here prior. Do you realize that? A heated discussion went on. After a long back and forth discussion it was decided to keep it the way it is and to get Zions to print out things differently. Nomex Pants: The Chief has already talked about the Nomex Pants, but does not know where the money is to come from. Six pairs of pants would be $900.00. District Clerk Adams asked if there was a commitment from the full time fire fighters for buying their second set of pants out of their clothing allowance. Chief Tuttle stated all but Jason and he was here now. Jason agreed to purchase his second pair. District Clerk Adams made the motion that we spend no more than $1000.00 for six pair of Nomex pants. Motion was seconded by Treasurer Robbins. Motion carried. Hostile Work Environment: Chairman Petullo stated last month at the meeting the board was discussing the Swains Creek Building project. Specifically putting a building on the land that has been gifted to us; there was some discussion and we did not vote on anything, finished the rest of the agenda and we left. After the meeting Member Hightower decided to send out two different emails, one was with a Gantt chart on it that projected costs. The items we would have to do to getting permits all the way through building the building and time lines for each. Project management kind of deal. The second email talked about some planning issues: such as having Brad research a metal building if he could: there was a suggestion to hire two different engineers to come up with building designs, etc. Chairman Petullo sent an email to Member Hightower and copied the rest of the board members stating this was not something we should be discussing in email because it is district business. It should be discussed in an open meeting. So cease and desist or words to that effect. The fact he was discussing this stuff in an email Chairman Petullo suggested to him that was a violation of the open and public meeting law. It was business and it should be discussed in public. Member Hightower did research on Title 52 and came up with the paragraph section 210 that talks about when the public body is not in session, the public body (the board) is allowed to send emails back and forth to each other when not in session. Chairman Petullo said to him that is true, but when you are emailing the entire board it constitutes an electronic meeting and we have a quorum you cannot do that. Member Hightower did not like Chairman Petullo's explanation and he went to LeGrand Bitter from the UASD. Chairman Petullo was not sure what the question was that he proposed to LeGrand Bitter and did not show what LeGrand answered. Member Hightower came back with a scathing email, that the Chairman was not included on, saying the Chairman is creating a hostile work environment because of the Chairman's suggestion that he ceases and desist this discussion. Chairman Petullo talked to our attorney and the attorney was in agreement with the Chairman, that if you are emailing the entire board, you are essentially are in an electronic meeting, a quorum that should be before the public not in email. He believed he told Member Hightower that in an email and Member Hightower again quoted the paragraph in section 210. He told him in the email do what he wanted but do not include him in the emails. He was hoping some of the other board members would follow suit, and that would, not be a quorum and that would be cool. The scathing email went to everyone, but the Chairman. The attorney had called the Chairman before all this happened. Yesterday the Chairman called LeGrand Bitter and told him the situation and that he (the Chairman) did not know what Member Hightower asked him or how he responded this is the situation and LeGrand Bitter agreed Member Hightower could not do what he has been doing. The Chairman requested LeGrand Bitter to send an email to all the board members. It basically says all the discussion of the public's business by public body (governing board) should be articulated at a public meeting with the items properly listed on the entities agenda. Member Hightower sent an email that told us, that we have a hostile work environment here and he is not going to attend more meeting until this is settled. Chairman Petullo stated he did not know what he meant by settled. District Clerk Adams stated he said until it was addressed. Chairman Petullo has not spoken to him and Member Hightower other issue had to do with the way this district was set up 25 years ago with the charter that when we are not in session, the Chairman's position supervises day to day operation with the approvable of the board. The policy has been sent out to the board as it has to be addressed anyway do to we now no longer have a Vice Chairman, and the policies are supposed to be review every 2 years. It is on the agenda for next month. Please look at the policy and see if changes should be made. All that being said; we are down a person on the committee, because he doesn't want to come back. There is part of the code 17-B 1314 public attendance at board meetings and we have been down this road before with another board member that missed ten meetings in a year. To compel attendance at meetings and provide penalties that is considered necessary for failure to attend. Chairman Petullo talked with the auditor's office; there are a couple of things to do. Sheriff can knock on the door and bring the guy to the meeting, which is not practical in this situation as he lives in California. The other option was to withhold his compensation; we cannot do that as we don't pay compensation. That is actions we could do with him or send him a letter that he has a judiciary duty to represent the people here on the board. The other option, in order to eliminate the hostile environment, is for the members of the board to remove Chairman Petullo as Chairman, but remain on the board, that can be done according to the charter, and elect someone else as chairman. Chairman Petullo does not know what we are going to do with only four people as the District Clerk brought up if two board members are on vacation we are without a quorum. Three people are needed for a quorum. How do we get him back here, that he has the responsibility to be here. Do you want to change the policy? Bring it up at the next meeting? This District has been functioning with that manner since 1994. The Charter was created in 1994. The policy was created shortly after that and the reason it had 2010 date on it, it had not been reviewed as required, when the Chairman review it he updated the date on it. Treasure Robbins said not to do anything. You are the Chairman we have the policy that you handle stuff and if Member Hightower doesn't come back he doesn't. Chairman Petullo stated Member Hightower said this was a hostile environment. Do we have a hostile environment? Treasurer Robbins stated not hostile from what he has seen and he has been in this business for thirty years. He saw the emails that were sent and he didn't see anything hostile plus we have to realize that we as elected officials are in different capacities than an employee. Anyone can stand up here and blast away at us and there is nothing we can really do about it. It is the reality of being in this business and Treasurer Robbins stated again he did not see anything that struck him as strange. Chairman Petullo was only suggesting that he cease and desist with the discussion about the project. Treasurer Robbins stated that maybe ultra conservative, but there is nothing wrong with being ultra conservative and he does not see that as being hostile. That is his opinion and that is just what happens when you are on this board. People get into disagreement all the time that is just the reality of what it is. Treasurer Robbins does not see anything wrong with the system we have and someone has to stand up and he appreciates the fact that the Chairman stands up, so if Charles decides that is not enough and he doesn't want to come back, he doesn't come back. That is the way it is. Chairman Petullo stated he would send him a letter as he did the other board member at that time. He will explain his responsibilities and duties as being part of the board as he was elected to the board. District Clerk Adams stated one would hope that if someone is not wanting or able to serve on this board that they would be mature enough to say I decline in this position so the fire department can go on about its business and take care of things. She also stated she does not think we have a hostile work environment she has seen all the emails. She does not know where the hostile environment came from. District Clerk Adams does not know what else can be addressed other than we discussed as board members do we feel there is a hostile work environment; two have stated they did not think there is. And we have a clear definition on electronic commutations and when the entire board is electronically communicating that becomes an electronic meeting and it should be in the open meetings. That is the way we have them. Chairman Petullo stated that the Chairman has created a hostile environment for me (Member Hightower) with his disdain from my contributions and sarcastic comments in open meetings and emails. Member Shackleford also agree that he does not see any hostile work environment at all and he thinks writing the letter is good advice. Frank Gagliardi stated as he understands it he said to show some trust. Mr. Gagliardi stated he either comes back and becomes a fully functioning member of the Governing Board of this District or the appropriate thing would be for him to resign. Period. It was determined that the attorney would write the letter. Comments from the Public. Lisa Taylor from Ponderosa Ranch where Mr. Hightower is from spoke. First off she wanted to state they are not an HOA in Ponderosa Ranch. When she first purchased the property she did not know there was a gentleman that thought there was an HOA and he does makes decisions on what he wants and anyone that contest that or has opposition to that he calls them out. He blind copies everyone so that we do not see any dialog from any of the other homeowners and he does it intentionally and he became very hostile towards her. She is not a hostile person; she comes here to enjoy this community. She tries to get involved when she can, but he kind made it very difficult for them as well as other cabin owners there. She was shocked when he was elected to the board because she knows what they go through in the emails with him and she just can't believe we would want him as a board member. A lot of the ladies there that are cabin owners are being harassed by him when our husbands or significant others are not there. He does knock on the door constantly asking for money for our community. She has felt threatened sometimes when he is there. She has had to be very stern with him to please get off her property when her husband is not there. She has posted a no trespassing sign and she has filed a complaint with the sheriff's department. In your consideration when you're wanting to make a decision on your hostile work environment that you all have it is not just here, there are a few common demonstrators. Thank you. Chairman Petullo thanked Lisa Taylor for her taking the time to come to our meeting. She came impromptu today because she heard he was going to be here and that is one of the reasons she wanted to be here. Not to stir him up, but to provide an intimidation factor that I wanted to see what he was doing because she feels like he springs a lot on them and we have no idea what to expect accept when he knocks on the door or emails asking for money or when I refuse to give him money he calls her out and the other cabin owners and doesn't copy us on anything. Commissioner Smith asked Lisa if they were not an HOA. Lisa responded that they were not an HOA which she has a sign on her property that states Ponderosa Ranch and this is not an HOA. Commissioner Smith stated he probably needs to be talked to by the Sheriff. Mrs. Taylor also stated that he signs things as the President of HOA Ponderosa Ranch. And from grants, he spent $80,000.00 or whatever for a bridge which he signed on behalf of Ponderosa Ranch HOA. District Clerk Adams asked if that was the culvert across the creek on the ATV trail. The answer was yes. So for the consideration of this gentleman, she is not here to slander, she is just giving her hostility issues that have been going on as well. Chairman Petullo pointed out that she has the right person sitting next to her, Commissioner Smith. Commissioner Smith stated he was the Sheriff for 20 years and stated he honestly thinks they should get a hold of the Sheriff and give him some information. Mrs. Taylor stated she has the police report and has the officer's name. Member Hightower filed a false sheriff's report again her and she had the sheriff's department calling her in Las Vegas about her dog. There was never an issue; Member Hightower told her he had signed statements, medical records where her dog attacked a dog and another homeowner. She has all this in another email with her as well. It has been a big harassment. Chairman Petullo said he appreciated her impute and it is on the record. It is outside of what we need to do. Mrs. Taylor stated she knows that, but when we brought up the hostile work environment she had to laugh and hear about the sections of the acts that he refers to because she has those as well. Chairman Petullo stated he just wanted to put it on the record that is what we are dealing with and why Member Hightower is not here. Mrs. Taylor said they have that as well in their community. No more comments from the public. Closed Session: No reason for a closed session. Adjournment: Motion to adjourn by District Clerk Adams Motion seconded by Treasurer Robbins seconded the motion. It is May 12, 2018 at 11:54 pm. The Cedar Mountain Fire Protection District Governing Board's monthly meeting is now adjourned. Minutes Approved by _________________________________________Date_______________ Mike Petullo CEM, Chairman Signed copy is at 3620 Mammoth Creek Road

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.

Meeting Information

Meeting Location

3620 Mammoth Creek Rd
Duck Creek Village, 84762
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Contact Name

Suzy Polnisch

Contact Email

suzy.polnisch@cedarmountainservicedistrict.gov

Contact Phone

(435)682-3225

Notice Posting Details

Notice Posted On

June 13, 2018 10:18 AM

Notice Last Edited On

June 13, 2018 10:18 AM

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