Thursday, January 17, 2002

(Adopted 3/21/2002)

A regular meeting of the Wake County Fire Commission was held on Thursday, January 17, 2002, at 4:30 p.m. at the Wake County Cooperative (Agriculture) Building, 4001-A Carya Drive, Raleigh, North Carolina. Ms. Cathy Lohr presided as Facilitator and called the meeting to order.

Roll of Members Present:
Chief Tony Chiotakis, West Region/Alternate (late arrival)
Herb Council, Wake County Commissioner
Tony Mauldin, South Region/Alternate
Ned Perry, Citizen/Consumer
David Price, Firefighter's Assoc. President
A.C. Rich, North Region/Alternate (late arrival)
Ron Roof, North Region/Primary
Tom Vaughan, East Region/Primary

(The bolded Membership Type equates to members eligible to vote.)

Members Absent:
Cloyce Anders, Facilitator *
Darrin Holt, West Region/Primary*
James Nobles, Citizen/Consumer*
Donald Pierce, South Region/Primary*
Rodney Privette, East Region/Alternate
Charles Sannipoli, Citizen/Consumer*
Buddy Scarboro, Wendell Town Representative
Tom Spillane, Citizen/Consumer
Bonnie Woodruff, Citizen/Consumer*

Staff Present:
David Cooke, County Manager
John Rukavina, Public Safety Director
Dewey Poole, Interim Fire/Rescue Director
Jennifer Willis, Budget & Management Analyst
Chris Perry, Chief Deputy Fire Marshal
E. Charles Ottaway, Shift Supervisor
Sherry Scoggins, Executive Secretary

There were eight guests present at the Wake County Fire Commission Meeting.

UNFINISHED BUSINESS
Adoption of the 11/29/2001 Minutes:
Chief Ned Perry motioned to approve the November 29, 2001, minutes. Motion seconded by Commissioner Herb Council. The Wake County Fire Commission unanimously approved the minutes of the November 29, 2001, meeting.

FY 01-02 Operating Fund Request – Knightdale Fire Department:
Mr. Dewey Poole provided information to the Fire Commission on behalf of the Knightdale Fire Department. (Distributed Handout and read into minutes.)

If nothing unforeseen happens, the Knightdale Fire Department should possibly have $7,000.00 to the good. If something comes up, may need to come back to the Fire Commission. Moved to table this item with the understanding that if something happens and Knightdale Fire Department requires financial assistance, will come back to the Fire Commission.

NEW BUSINESS
2002 Fire Act Grant Funding:
Mr. Rukavina stated this was submitted as information for the Fire Commission and the Fire Chiefs.

Ms. Lohr asked if any of the Wake County Fire Departments participated in last year's fire grant. Mr. Rukavina stated that many of the Wake County Fire Departments did and that a few of them did receive grant money.

Budget Schedule for FY 2002-2003:
Mr. Rukavina stated this was submitted as information for the Fire Commission and the Fire Chiefs.

FY 2003 Budget Presentation:
Chris Perry presented the FY 2003 Budget overview. This year's budget process will use Microsoft Access. A few changes have been made and should make for easier viewing of reports and data entered. There are three budget meetings scheduled for next week; two on Tuesday and one on Thursday. Budget packets will be released to the fire departments at one of these meetings. Will meet with each department at least twice during the budget process.

Commissioner Council asked about the apparatus replacement and if there is an apparatus committee.

Chief Vaughan requested Chris Perry furnish an apparatus list to the Wake County Fire Commission members.

Ned Perry requested a report on the C.I.P. process for the March meeting.

Chief Vaughan requested a report on funds.

Mr. Rukavina introduced Jennifer Willis of the Budget Office to the Wake County Fire Commission and guests.

COMMITTEE REPORTS:
CONTRACT COMMITTEE:
The facilitator turned the floor over to Chief Ron Roof of the Contract Committee. Expressed a couple of concerns. Paragraph 13, would like to see the verbiage of full-time personnel changed to career personnel . (This has been done.) Suggested adding a Glossary of definitions. Paragraph 21, had concern that the previous contracts did not have expiration date. Recommends to strike and shall expire on date.

Chief Roof proposed that we state the contract will be reviewed on an annual basis without an expiration date. Chief Roof motioned in the submitted final draft, paragraph 21, to eliminate the last phrase "and shall expire on June 30, 2002". With that, the Contract Committee recommendation is to move to the full Fire Commission and send on to the County Commissioners. Seconded by Chief Vaughan.

Mr. Rukavina suggested amending the motion for a separate section of a standard self-renewal be re-inserted and that a second clause for automatic or schedule review be inserted.

Ms. Lohr restated Chief Roof's motion to have item 21 as it is with leaving the verbiage out of "and shall expire June 30, 2002".

Chief Roof requested to withdraw motion. He suggested having the County Attorney's office to make a last pass and put in the wording and then vote on it.

Chief Roof requested to withdraw motion and amendment. Chief Roof motioned to change paragraph 21 by eliminating the "and shall expire on June 30, 2002" and request the County Attorney's office review the final draft of legal language to meet that intent of the contract. Voting on changing the language and having the County Attorney to review. Seconded by Ned Perry. Motion passed unanimously.

Chief Vaughan requested to know when the contract would be approved. The understanding is that Fire Commission would vote on it at March meeting.

Mr. Rukavina made a suggestion to have the County Attorney's office return the contract prior to the next meeting.

Mr. Cooke questioned what if the County Attorney finds nothing wrong. The next meeting the committee report would accept as is and move forward.

Chief Chiotakis commented that he thought he was voting on article to be referred to the Attorney's office for the proper phrase to make this an on-going contract also put an ending date on it. Chief Chiotakis motioned to send article 21 to the County Attorney office to insert the proper legal language that draws a termination to the contract with an automatic renewal clause; the County Attorneys office put that in there and send to the County Commissioners. Seconded by Ned Perry. Ms. Lohr restated the motion as contingent upon the County Attorney's rewriting of looking at item 21, whatever changes, approve this contract and send it on to the County Commissioners. Chief Chiotakis amended his motion to send item 21 to the County Attorney to insert proper legal language that draws termination to contract with allowance for automatic renewal and send forward to the Contract Committee; if approved by Contract Committee, move to the Board of Commissioners. Ned Perry seconded the amended motion. Motion approved unanimously.

MANPOWER/STAFFING SUBCOMMITTEE:
Chief Vaughan requested to postpone his report until the March meeting.

OTHER BUSINESS:
No Other Business brought before the Wake County Fire Commission.

PUBLIC COMMENTS:
Mr. Dale Hayes, member of Board of Directors for the Fairview Fire Department, requested the floor. First, like to encourage the apparatus committee to work directly with the fire departments involved. Secondly, commended the Fire Marshal's Office, Chris Perry, for assistance with ISO rating in November. Last item to talk about is the fund balance. Departments with fund balances were asked to pay for half of their debt with monies they had in the bank. Current contract talks about a minimum reserve for a fund balance. Took opportunity to talk with president of board of directors around the county and they have varying opinions and reasons for why they have a fund balance. Maybe the Fire Commission could address what the maximum is on a fund balance since the contract addresses the minimum. Have not finished polling all the fire departments. Would like to come forward at the next Fire Commission with a report.

Mr. Poole commented that the committees have a lot of work to do prior to the next meeting.

Commissioner Council requested the floor. Dealt with the EMS Chiefs on issues of concern on whether we as a County are trying to move in and take over their operations. It is a policy decision of the Board of Commissioners that the County Board of Commissioners has no intention of taking over the not for profits systems. County Commissioners are responsible for the adequate level of service of fire protection in the community and responsible for the money, and we have to answer to the taxpayers. We like the way things are and we like the way things operate. Not intending to take over the not for profits and if you have any questions about this, contact me or the other Board of Commission members. Lets continue to improve on what we have. Wants us to feel comfortable talking about issues.

ADJOURNMENT:
Chief Ron Roof motioned to adjourn. Motion seconded by Chief Tony Chiotakis. Motion approved unanimously.

Handouts:

Report to the Fire Commission – Knightdale Fire Department Request for Additional Funds

ACTIONS OF THE WAKE COUNTY FIRE COMMISSION:

• Chief Ned Perry motioned to approve the November 29, 2001, minutes. Motion seconded by Commissioner Herb Council. The Wake County Fire Commission unanimously approved the minutes of the November 29, 2001, meeting.
• Chief Roof requested to withdraw motion and amendment. Chief Roof motioned to change paragraph 21 by eliminating the "and shall expire on June 30, 2002" and request the County Attorney's office review the final draft of legal language to meet that intent of the contract. Voting on changing the language and having the County Attorney to review. Seconded by Ned Perry. Motion passed unanimously.
• Chief Chiotakis motioned to send article 21 to the County Attorney office to insert the proper legal language that draws a termination to the contract with an automatic renewal clause; the County Attorneys office put that in there and send to the County Commissioners. Seconded by Ned Perry. Ms. Lohr restated the motion as contingent upon the County Attorney's rewriting of looking at item 21, whatever changes, approve this contract and send it on to the County Commissioners. Chief Chiotakis amended his motion to send item 21 to the County Attorney to insert proper legal language that draws termination to contract with allowance for automatic renewal and send forward to the Contract Committee; if approved by Contract Committee and move to the Board of Commissioners. Ned Perry seconded the amended motion. Motion approved unanimously.
• Chief Ron Roof motioned to adjourn. Motion seconded by Chief Tony Chiotakis. Motion approved unanimously.