1. CALL TO ORDER

Chair Love called the Board meeting to order at 5:30 P.M., noting members of the South Lake Minnetonka Police Department Coordinating Committee were also present this evening for a Joint Meeting to convene upon reaching Item 7C in this evening’s Agenda. A brief summary of events of Item 7C will be summarized as part of these minutes. For a detailed account, please access the SLMPD Coordinating Committee Meeting Minutes of same date.

ROLL CALL

Present: Excelsior Fire District (EFD) Boardmembers: Chair Love; Boardmembers Bolles, Nagel (as alternate for Hill), Keller, and Skrede

Also: Excelsior Fire District Chief DuCharme, Assistant Deputy Fire Chief George, and Firefighter Hoo

 

Also present: Deephaven Administrator Young; Excelsior Administrator McGrath, Shorewood Administrator Dawson; and Tonka Bay Administrator Irvine; and South Lake Minnetonka Police Department Coordinating Committeemembers Lynn Johnson, Mayor of Excelsior, and Terry Nagel, Mayor of Greenwood

Absent: Boardmember Hill

2. AGENDA APPROVAL

Keller moved, Bolles seconded, approving the EFD Board Meeting Agenda of November 18, 2003, as presented. Motion passed 5/0.

3. APPROVAL OF MINUTES

There were no matters from the floor presented this evening.

1. General Report

Chief DuCharme explained one application had been received for the Deputy Chief position posted this past month. Mr. Dana George had been determined as the finalist for this position, with a three-year term to expire on December 31, 2006. District Chief and Captain positions were being posted and applications accepted through the end of November 2003.

2. Recruits

Chief DuCharme noted the firefighter recruits were in the last month of class with testing to occur November 22, 2003. He also noted recruitment efforts would take place in the eastern part of the District. A new firefighter class could start in early 2004.

3. Organization Report

Chief DuCharme stated the transition from the current facility to the new building was slated for December 15, 2003, with occupancy being complete on January 1, 2004. He also stated the EFD would be trained by representatives of Hennepin County for the transition to the 800 MHZ radio system. The conversion to the new system would be complete by December 19, 2003.

4. Utility Vehicle

Chief DuCharme presented information gathered by Deputy Fire Chief George regarding the Board’s request to research costs for a new or used utility vehicle for the EFD. Deputy Chief George recommended purchase of a four-door, long box, 4 x 4, one ton, pick-up truck, as it was similar to the current fleet utility truck that met the needs of the District.

Chair Love questioned the need for a one-ton truck, noting he was asking this question to help provide rationale for future Boards to understand the needs of the District and its purchases. Deputy Chief George explained a four-door was recommended because of the number of people, and equipment that the vehicle would be hauling to fires and training classes. He also stated the truck would be hauling a 7,000 pound trailer to sites and ice rescues so a one ton truck with a heavy braking system was required. He stated a long box was recommended simply due to size considerations of items to be hauled. He also noted the difference in 2-door and 4-door vehicles was not significant when compared with the cost to send more than one vehicle to fire sites because a 2-door truck would not adequately handle the equipment and persons needed for transport.

Chair Love stated, since all parties were now present for a discussion of Item 7C, it would be prudent to move to that portion of the Agenda, with further discussion on this item after the discussion on Item 7C was complete.

Chair Love stated he had asked questions this evening in effort to provide groundwork for future Board purchase procedures. Chief DuCharme stated equipment could be placed at the East Side facility site in January of 2004. He also noted there was money available in the Capital Equipment fund for purchase of a utility vehicle. Further discussion ensued regarding the placement and timing of potential equipment at the East Side facility.

1. East Side

Chief DuCharme reported the East Side construction had begun approximately two weeks ago. All soil corrections, including those soil corrections due to contamination to the site from tanks removed approximately ten years ago, were completed on the site. Fiscal responsibility for soil corrections had not yet been determined. Chief DuCharme also stated there would be a Groundbreaking ceremony on November 22, 2003, at 10:00 A.M. at the East Side Station. All Boardmembers were invited.

Boardmember Skrede provided an update on the well contracts and well components.

2. West Side

Chief DuCharme reviewed spreadsheets noting the progress and current budgetary status of the West Side Facility. He noted the goal was to have the West Side facility fully operational by January 1, 2004. He also stated he had met with Boardmember Bolles and Keller regarding invoices submitted from TSP for work assigned to the West Side Facility. He noted a list of potential culpable items with TSP had been generated as a result of that meeting. Boardmember Keller stated the meeting with TSP representatives was regarding the West Side Facility issues only.

Discussion ensued regarding how best to proceed regarding discussion and payment of invoices submitted by TSP for the separate facilities.

3. Discussion of the General Conditions Budget with the SLMPD Coordinating Committee

This item was discussed after 6D.

SLMPD Coordinating Committee Chair Johnson called the meeting to order at 5:54 P.M., noting all members of the Committee were present.

Chief Litsey stated a meeting had taken place between the Chairs for the SLMPD Coordinating Committee, and the EFD Boards, as well as the Chiefs of the Police and Fire Departments, and John Boerboon, construction manager for Kraus-Anderson for the Public Safety Facilities projects regarding construction costs and allocations of a General Conditions budget item. He then summarized the events since that meeting.

Shorewood EDA Executive Director Dawson stated he had requested information on the allocations allowed from the EDA bond counsel that had not yet been received in writing. He noted the EFD Board had indicated further work was in order on this matter to delineate estimated costs due to West Side construction and delay of construction on the East Side facility.

EFD Boardmember Skrede introduced Jerome Gilligan, of Dorsey and Whitney, as legal counsel for the City of Deephaven. Mr. Gilligan reviewed his findings on the issue, noting the budget did not have any bearing on bond proceeds. Furthermore, he stated, to do an allocation of funds based on a budget is not a basis for allocation. The allocations of the General Conditions should be placed where the time was spent.

Discussion ensued by both Boards regarding how best to handle the allocations and the need for legal bond counsel to assist in determining the fairness of the issue. EFD Board Chair Love questioned the Chiefs if any potential problems would be incurred by addressing this issue at the December 17, 2003, EFD Board meeting to be held jointly with the SLMPD Coordinating Committee.

Chief DuCharme stated occupancy of the West Side Facility would occur beginning on December 15, 2003. He stated he would need to review the remaining budget and impacts to the contingency funding as well as anticipated costs for furniture included in joint areas of the West Side Facility.

Chief Litsey stated grant monies were still being secured for the project. He noted the SLMPD wanted to fund its fair share, however, he believed it important to establish fairness legally and then work together to find resolution of the issue. He stated a delay until the next meeting could be manageable.

Chair Love stated address of legal issues, a discussion of allocation, and continued efforts to try to reduce costs associated with the construction of the facilities would take place at the next EFD Board Meeting in December.

EFD Boardmember Skrede suggested meeting with representatives of Kraus-Anderson prior to the next EFD Board Meeting so efforts could be made to work together to determine appropriate allocations in the future, and to make them aware of the current problem with allocations.

After a brief discussion, Chair Love noted a Joint Meeting of the EFD and SLMPD Governing Boards would take place on December 16, 2003. Boardmembers requested bond counsel and general legal counsel be part of this meeting.

EFD Boardmember Bolles stated he believed it time to discuss issues of concern with TSP One, Inc. as well. EFD Boardmember Keller stated payment of invoices for the East Side facility should be paid, but payment of the West Side invoices should be held until further discussions could be had on the issue.

A brief discussion ensued regarding the actions and possible errors of TSP representatives associated with the West Side project. EFD Chair Love requested Staff research the issues of concern and report back to the Boards at a later date. Boardmembers Keller and Skrede agreed to be part of the discussions with TSP regarding areas of concern.

Johnson moved, Nagel seconded, Continuing this item to the December 16, 2003, Joint Governing Boards Meeting. Motion passed 4/0.

Love moved, Nagel seconded, Adjourning the SLMPD Coordinating Committee Board Meeting of November 18, 2003, at 6:46 P.M. Motion passed 4/0.

EFD Boardmembers resumed discussion of Item 6D at this time.

4. Consideration of Construction Invoices

Boardmember Keller commended Firefighter Hoo, Deputy Chief George, and Chief DuCharme for continued involvement and efforts made in bringing the EFD growth. Chair Love and Boardmember Bolles agreed.

Boardmember Bolles noted a review of the Chief’s performance typically took place in the fourth quarter of each year and questioned the procedure followed as part of the review process. Without objection from the Board, Chair Love appointed Boardmembers Hill and Keller to meet with Chief DuCharme to review goals of this year, and then report on that meeting at an Executive Session to follow the December 16, 2003, EFD Board Meeting. Chair Love then reviewed the process to be utilized in providing a review of goals and performance for the Fire Chief.

Boardmember Skrede suggested the change order process for the East Side Station be streamlined. He expressed concern that the process was not followed in a recent change order, and if this would continue perhaps a change of process was in order. Chair Love stated it would be appropriate to review the lack of process followed with Kraus-Anderson and report back at the next meeting.

The next EFD Governing Board Meeting was scheduled to take place on December 16, 2003, beginning at 5:30 P.M. at the South Shore Community Senior Center.