MARION COUNTY FIRE DISTRICT BOARD OF DIRECTORS. Meeting Minutes June 20, Cordon Rd NE 6:00 pm

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1 BOARD OF DIRECTORS Orville Downer Randy Franke Ken Morin Wayne Miller Bernie Otjen CHIEF OF DISTRICT J. Kevin Henson FOUR CORNERS STATION MIDDLE GROVE STATION PRATUM STATION MACLEAY STATION BROOKS STATION CLEAR LAKE STATION LABISH CENTER STATION COLLEGE STATION MARION COUNTY FIRE DISTRICT BOARD OF DIRECTORS Meeting Minutes June 20, Cordon Rd NE 6:00 pm The Board meeting was called to order at 6:00 PM by Director Randy Franke. Other board members in attendance were Wayne Miller, Bernie Otjen, Orville Downer, and Ken Morin. Others present were Chief Henson, Assistant Chief Robinson, BC Wineman, BC McMann, Bob Palmer, Mike Welter, James Mulhern, Steve Weltz, Ron Lee, and Anna Kraemer (recording secretary). Agenda: Approved as presented. Minutes: Minutes of May 16, Motion to approve by Director Morin. Second by Director Otjen. Unanimous. Proclamations, commendations, special report, visitors, and awards: 1. A letter was received from the Leukemia and Lymphoma society stating their appreciation for the participation of our personnel in the Scott Firefighter Stairclimb. MCFD personnel raised $12,643 for the foundation, placing 17 th for fundraising of the 291 departments who participated. Chief Henson thanked Patrick Anderson for organizing and documenting the event. 2. Woodburn Chief Paul Iverson sent a letter of thanks for our assistance with the Woodburn High School fire last month. E715 and E725 responded with volunteer personnel. ATO Woodley and DFM Mendez also responded to assist. 3. The Fraijo family sent a card of appreciation following the death of their son Justin Fraijo, a firefighter from Colton Fire. Uniformed personnel attended and participated in his service. 4. Pacific Power Corp. sent a letter stating that their Global Days of Service program would be donating $1,524 to MCFD on behalf of their employee Miguel Bautista who as a part of this program, has earned this donation for his hours of community service and volunteerism in his community. The donation will be made to the volunteer association. 5. Starlight Mobile Village sent a thank you card for our recent smoke alarm installation project in their community. Public Comment (agenda items): None Secretary/Treasurers Report: Director Morin expressed his gratitude to BC McMann for getting reports to him and responding to questions in a timely manner. 1

2 Old Business: 1. The medic utilization report was provided and reviewed. 2. Chief Henson reported that the final land transaction for the Chemeketa project is now complete. 3. Chief Henson reported that 7 individuals were hired to fill the single role EMT positions. Six of the seven individuals are former QTOD volunteers. The other new hire comes to us from Keizer Fire District. 4. Chief Henson reported on the wage and hour inquiry conducted by DOL. He stated that he had been contacted by DOL on Monday and had shared the findings with the Board members. The DOL found that the District was in compliance with respect to its employees. However, there was an issue regarding the compensation paid to volunteer QTOD s. We had relied on the US DOL 20% rule, which states that any compensation paid to volunteers cannot be more than 20% of the compensation paid to employees. The DOL has now clarified that the 20% rule must be based on only the wages paid to employees, not overall compensation as the District previously understood. Based on that interpretation, the Dept. of Labor has determined that the QTOD s did not qualify as volunteers and are therefore owed back pay. The District sought legal counsel when the program was established, and again sought it when the inquiry began. We have cooperated fully with the Dept. of Labor, and will continue to do so. BC McMann has begun to process payment for back wages as determined by the Dept. of Labor in order to complete the transactions prior to the close of the fiscal year, and prior to WVFRA dissolution. MCFD#1 and TFD will pay a pro-rata portion of the wages owed. As a matter of regular payroll operations, we have completed that process. The financial impact to us is $83,407 which means that we will begin next FY with less cash carryover than we had hoped for. Necessary budgetary reductions have been proposed, as previously discussed. These transactions were completed under WVFRA, but expensed through each district in the current fiscal year, in accordance with legal counsel and US DOL recommendations. 5. Chief Henson reported on the joint meeting with the City of Keizer which included Director Franke, Director Otjen, and Chief Henson attending from MFCD. The meeting was good and the next quarterly meeting has been scheduled for Sep. 19 th. The City of Keizer did repeal the withdrawal ordinance. In the Circuit court case, Judge Day ruled in favor of MCFD that the City of Keizer exceeded its authority in attempting to withdraw territory from MCFD1 and transfer that territory to KFD. a. Director Franke stated that this process was long, stressful, and expensive, however now that the court has ruled on this matter, it will not be an issue in the future. 6. Chief Robinson reported that DEQ has not yet provided a response to the report from Terracon, but has responded with six questions that Terracon will respond to in an amended report. Chief Henson added that the DEQ issue does play a role in the decision to improve station 1or to relocate. He suggested that the Board consider a work session to address the station 1 options for short and long term planning. Board consensus to schedule a work session. 2

3 *6:34 pm Adjourn for Executive Session: (i) To review and evaluate the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member who does not request an open hearing. *7:16 pm Reconvene regular session New Business: 1. Chief contracts are due for renewal. Director Morin made a motion that the Board authorize the Chair to sign the Fire Chief Contract, subject to legal review. Seconded by Director Miller. Unanimous. 2. Resolution , RESOLUTION TO AUTHORIZE BUDGET ADDITION TO ACCOMMODATE FEMA GRANT FOR CARDIAC MONITORS & ELECTRONIC RECORDS MANAGEMENT SYSTEM, presented for approval. This resolution authorizes the receipt of FEMA grant funds as requested by the auditor. Director Otjen made a motion to approve Resolution as presented. Seconded by Director Downer. Unanimous. 3. Resolution , RESOLUTION TO AUTHORIZE BUDGET ADDITION TO ACCOMMODATE FEMA GRANT FOR FIRE HOSE was presented for approval.. This resolution authorizes the receipt of FEMA grant funds as requested by the auditor. Director Otjen made a motion to approve Resolution as presented. Seconded by Director Morin. Unanimous. 4. Resolution , ADOPTING THE BUDGET, MAKING APPROPRIATIONS, IMPOSING THE TAX, and CATEGORIZING THE TAX was presented for approval. Director Otjen made a motion to approve Resolution , reading it into record. Seconded by Director Morin. Unanimous. 5. Resolution , A RESOLUTION ELECTING APPLICATION FOR ENTRY TO THE OREGON STATE TREASURY LOCAL GOVERNMENT INVESTMENT POOL was presented for approval. BC McMann explained that this resolution allows the District to move bond monies from Bank of the Cascades in to the State Local Government Investment Pool where it will earn 0.6% interest versus the 0.25% earned on these funds with BOTC. This is expected to increase investment income by $1,400/mo. Director Morin made a motion to approve Resolution , reading it into record. Seconded by Director Downer. Unanimous. 6. Resolution , A RESOLUTION EXTENDING WORKERS COMPENSATION COVERAGE TO VOLUNTEERS OF MARION COUNTY FIRE DISTRICT #1 was presented for approval. Director Morin made a motion to approve Resolution Seconded by Director Otjen. Unanimous. 7. Resolution , A RESOLUTION EXTENDING WORKERS COMPENSATION COVERAGE TO EMPLOYEES AND BOARD MEMBERS OF MARION COUNTY FIRE DISTRICT #1 was presented for approval. Director Otjen made a motion to approve Resolution Seconded by Director Downer. Unanimous. 8. Public Contracting Rules updates are available through legal counsel Ken Jones. Legislative changes in the 2011 session are reflected in the revised rules relating to procurement. Director Morin made a motion to approve the public contracting rules update. Seconded by Director Miller. Unanimous. 9. The abstract of election results from the May 15, 2012 was presented for approval. Director Otjen made a motion for approval of the election results. Seconded by Director Downer. Unanimous. 3

4 10. The annual IGA renewal with Polk County for the Tap Out program was presented for approval. Director Morin made a motion for approval of the IGA renewal with Polk County. Seconded by Director Otjen. Unanimous. 11. WVFRA dissolution agreement presented for consideration. Attorneys for both MCFD and TFD originally proposed formal action to repeal the ordinance establishing WVFRA, however as both parties are in agreement that a simpler format meets the needs of both parties, the agreed upon document is presented for signature. Director Otjen made the motion to accept the agreement regarding the dissolution of WVFRA. Seconded by Director Morin. Unanimous. 12. The internal promotional assessment for Lieutenant took place on June 14 th. Seven internal candidates participated in the assessment which was overseen by Chief Examiner Robb Milano of Canby Fire. Chief Henson congratulated Ron Lee and Jon Kettering as the top two scoring candidates who will begin their new Lieutenant positions on July 1 st. 13. Chief Henson provided an update for the apparatus committee which is headed by BC Friesen and includes personnel from both station 3 and 7. The committee is moving away from urban interface vehicles for stations 3 and 7 and instead are looking toward a grass rig and a master tender. The grass rig can be replaced in the off-season to avoid competing with other orders for manufacture. Focus for now will be on the master tender spec. Staff will review the western states GPO to see what information is available currently. a. Chief Henson added that the apparatus revenue from the sale of the L9000 s has decreased. The first $30,000 has been received, however the second $30,000 will be reduced as repair to the fuel injection system on one of the medics will need to replaced prior to sale. 14. BC McMann reported on MVA billing process. The District is currently not sending uncollectibles to collections, however will begin doing so in July. 15. Chief Henson reported that the District will begin rebranding back to the MCFD identity for social media. A meeting with the web developer took place earlier this week. The new site will be mcfd1.com and traffic to wvfra.com will be automatically redirected. Uniform changes have already begun. Class C uniforms will not be changed out until fall. The District has budgeted $25,000 to cover the expense of changing back to MCFD from the WVFRA uniforms. 16. Chief Henson suggested that a strategic planning committee be expanded to include some career and volunteer personnel, as well as representation from the Board. Following a decision on the Station 1 concerns expressed earlier, the next discussion would likely include the drafting of a standard of coverage document for the District. 17. Bond priorities continue to be apparatus for stations 3 and 7. Chief Report: 1. Antique Powerland will hold its annual Steam-Up event on July and August 4-5. Sean McDermott will be heading up coverage for this event. 2. MCFD apparatus and personnel participated in the Keizer Iris Festival parade. Medic 33 and two support services vehicles participated in the event. 3. The smoke alarm installation project continues to be a good program. Chief Henson thanked the personnel involved in the recent event at Starlight mobile village. 4

5 4. Rural address markers are available for those rural areas that are difficult to locate and is a free service provided by our career and volunteer personnel. The rural addressing program is being led by James Mulhern. Approximately 200 address signs are out now of the 1000 in stock. Funding for these signs came from a 2007 grant. Individual Input: 1. Special Presentation: None 2. MCFD Volunteer Association: None 3. Local 2557: James Mulhern reported that the union is excited about the new employees and thanked AC Robinson for sitting down with members and working through minor details of the new single role program. Good of the order: 1. Chief Henson reported that the auditors had a recommendation to increase crime coverage for the District. Contact was made with our insurance company who discussed options. Jeff Griffin at SDAO does not believe an increase is necessary due to the best practices and policies in place. Jeff Griffin will review again and will present to the Board at a future meeting. 2. Director Downer thanked everyone for their cards, flowers, and well wished as he recovered. He stated that he was in the hospital for 15 days and had two stints out in and he feels great. Next Meeting: July 18, 2012, 7:00 pm, 4910 Brooklake Rd NE, Bldg. 2, Brooks Meeting adjourn: 8:10 pm MCFD No.1 Board President MCFD No.1 Board Secretary 5