Approved Minutes Wednesday, May 28, 2014 7:00 p.m.
Fire Station 9 – 308 Reed Boulevard, Mill Valley Phone: (415) 388-8182 Fax: (415) 388-8181 Call to Order: 7:00 p.m. PRESENT: Directors Chun, Hilliard, Langeveld, Perazzo, St. John & Willis ABSENT:
Director Van Meter
Also In Attendance: Fire Chief Irving, CM Battalion Chief Prete, Finance Manager Schiffmann, Firefighter/Association President Golden, ASM Kim, Tawni Pan, AT&T representative, Bill Hammett, Hammett & Edison, Inc. and Rhuenette Alums, AT&T Area Director External Affairs Tam Valley Residents: Kim Rago, Alan Jones, Helena Jones, David Rein, Deanne Lee, Dave Fry, Nancy Starkey, Claire Johnson, Lucille Johnson, Stephen Kent, Jenny Homer, Andrew Buell, Ann Kaplan, Lawrence Kaplan, Fiske Smith, Bolen, Dwayne Hunn, Ripi Leonard, Patricia Collins, Victor Rago, Rob Lane, Tarra Linder, Jon Gardner, Lisa Smith, Lee Barnes, Annemarie Voegeding, Peter Salcuni, Margaret Zegart, Anna Pletcher, Susan Stark, Norm Meischich, Sharon Boldt, Rudi Leonardi and Dave Ryan Open Time for Public Expression: None Agenda Adjustments: Chief Irving requested the following three agenda adjustments: 1.) Move agenda item F-1. Tam Valley Residents – Cell Site Presentation to after item A. Consent Calendar; M/S: Hilliard / St. John; absent: Van Meter; all ayes 2.) Move agenda item F-2. AT& T Cell Site: Bill Hammett, Hammett & Edison & Tawni Parr, Complete Wireless Consulting to after item A. Consent Calendar; M/S: Hilliard / Perazzo; absent: Van Meter; all ayes 3.) Add agenda item F-6 Thank you to Corte Madera Fire BC Prete for his good work at SMFD M/S: St. John / Hilliard; absent: Van Meter; all ayes Approval of Minutes: March 26, 2014 A motion was made to approve the Minutes of May 28, 2014 as corrected. M/S: St. John / Hilliard; absent: Van Meter; all ayes Agenda Adjustment Items: F-1 Tam Valley Residents – Cell Site Presentation Alan Jones: Thank you for changing the Tam Valley Residents Cell Site Presentation from a discussion item to a discussion / action item. We are asking the Board not to approve the new AT&T cell site lease and not to approve Sprint cell site addendum. In 2010, the Board did not agree with the Tam Valley residents but added conditions to the cell site contract. In paragraph 28 of the AT&T lease, the Board conditions are not included exactly as approved by the Board of Directors. The Board conditions are not included in the Sprint addendum. There is no mention of the “base-line levels” in the AT&T cell site lease. The plan described in the new AT&T plans are two times larger than first presented in 2010. The Board has been misled by AT&T and Sprint. Please err on the side of caution and do not sign the AT&T lease or the Sprint addendum. Claire Johnson: I live immediately behind fire station #4 (STA 4). We love the fire department and the firefighters. There is a great sense of community in the Tam Valley neighborhood. The industrialization of the fire station does not fit into the neighborhood. Please consider the community and keep our wonderful neighborhood as it is. None of the neighbors have any animosity towards the Fire District or the firefighters.
Sharon Boldt: All of the neighbors feel the same way about the firefighters. We feel secure and comfortable with the fire station in our neighborhood and we want to protect the firefighters from the cell towers. The District will receive $3,600 from Sprint for the three cupolas. It’s all about the money for the District. The proposed cupolas are taller than the AT&T towers. Health cannot be considered by the Marin County Planning Department. The IAFF opposes cell towers on fire stations. The Fire Board is supposed to represent the public. Any and all issues, citizens will be calling the Fire District. Helena Jones: Presented a MP4 representing the noise level from the cell site equipment. In 1983 when I moved to Tam Valley, I was nervous to move by a fire station. The noise from the one existing unit is loud and I don’t go into my garden anymore due to the noise. More equipment means more noise. Fiske Smith: I’ve had my video business in Tam Valley on Poplar Street for 33 years. I used to be able to use microphones in my video work but now due to the equipment, I can’t use microphones anymore. Technology is in use without time to fully investigate the side effects of the technology. Kim Rago: Gave the Board a petition opposing the AT&T cell site signed by 67 Tam Valley residents and another petition signed by another 37 more. There are many children who live by the fire station on Poplar. Children love the fire station and the firefighters. Showed the Board a picture of firefighter training on tall ladder above the fire station. The firefighters in the picture are probably in danger from the cell waves. There will be a total of 18 cell towers with the new AT&T cell site and Sprint addendum. Because of all the new cell towers, firefighters will not be able to safely train at STA 4 and kids won’t be able to visit the fire station. There was an article in the Marin IJ where Fire Chief Irving said that improvements are needed to ensure public safety in the region. Fire and sheriff's units use AT&T as the primary communications service linking to our mobile data computers and coverage is sporadic in Tam Valley. Doesn’t Southern Marin Fire (SMFD) use the MERA system? If more AT&T cell towers are needed, don’t put them on STA 4. We are concerned about public and firefighter safety. Patricia Collins: I’ve live in Tam Valley since 1974. There have been many cases of cancer and dementia in the neighborhood. My own family has cancer, my husband died of cancer and my daughter has cancer now. We love the firefighters and love the pancake breakfast event. If anyone needs help in the neighborhood, the firefighters are right there to help. We don’t want to be afraid of walking the neighborhood because of the cell tower emissions. We’re not supposed to talk about health concerns but we need to care for humanity and not allow industrialization of our neighborhood. Dave Ryan: Distributed historical pictures of STA 4 to the Board. I’ve lived in Tam Valley for 22 years. The fire station used to be a great addition to the neighborhood. There were fun events for the community. As you can see in the pictures, STA 4 used to be situated in a grove of trees and there were lots of trees around the fire station. Now, there are no trees. They have all been cut down. The board needs to consider the cumulative impact on the neighborhood, the industrialization of the neighborhood. The Board may make individual decisions and not realize their cumulative effect. There’s no more drought resistant garden, trees have been removed, and there is a large water valve in front of STA 4. There was no discussion with the neighbors about these changes. The cupolas are exceeding the building height restriction for the area. Please work with the neighborhood. It is OK for the AT&T cell towers, just not on STA 4. Deanna Lee: Provided the Board with plan drawings for the new AT&T cell site and the updated Sprint cell site. I’ve lived in Tam Valley for 22 years and have seen the negative impact of the cell sites. It is a burden mentally, physically and emotionally. STA 4 used to be a friendly fire station. I can remember all the fun community events. STA 4 used to look different. The garden and lawn are gone. There is a constant humming from the cell equipment. The yard is filled with noisy industrial equipment. A 6-foot fence will not keep the noise from the neighborhood. Bring back STA 4 to its hey days and a place where families are welcome. Dwayne Hunn: Handed out a copy of his comments to the Board including links to more information and other cell site studies. Mr. Hunn read his comments to the Board. Lawrence Kaplan: Politics are local and health & safety is a government concern. The Board has the ability to give a 12-month termination notice to cell site providers in Tam Valley. The Board should request AT&T and
Sprint to test alternative sites for their cell towers. The proposed size of the AT&T tower is significantly larger than the one proposed in 2010. It’s grown from 300 sq. feet to 493 sq. feet. Was there an updated agreement that was not provided to the citizens of Tam Valley? Please make all agreements available to the public. Rudi Leonardi: Showed the Board an electro-pollution graph and human cell pictures. The Board can always change your minds about the cell sites. The two photos are of blood cell before and after cell phone usage. The blood cells are very different and change with more cell phone use. There are lots of kinds to consider. Margaret Zegart: Alternative sites need to be considered before the Board makes their decision. The noise impact is not right for the community. This used to be a family neighborhood and not industrial zoning. You need to hear the people of Tam Valley. You’re putting the people in danger. F-2 AT& T Cell Site: Bill Hammett, Hammett & Edison & Tawni Parr, Complete Wireless Consulting Tawni Parr, AT&T consultant and Bill Harnett addressed the meeting. Ms. Parr stated the following: The Board conditions are added to the AT&T contract. The addition of the conditions are significantly unprecedented and AT&T is working cooperatively with the District AT&T identified a significant gap in coverage in Tam Valley Cell sites are challenging due to the typography in the area The existing AT&T site are unable to reach all area or cover all the gaps in service People today primarily use cell phone and people in Tam Valley are experiencing poor coverage area AT&T has looked at many other sites but none can cover the service gap AT&T needs to put cell sites on facilities approved by the County of Marin, where zoning allows. Cell sites are only allowed on public and commercial facilities Each cell network is their own specific network. AT&T cannot use any existing cell sites Public Responses Q: Can AT&T get baseline reading before the cell equipment installation? Getting readings after installation would provide unfair results and not in the spirit of the Board conditions. A: AT&T does not have the authority to do so prior to installation. Is there another amendment increasing the design size? The current lease list the size as 300 sq. feet but now the size is 493 sq. feet. The Board should not sign the amendment until the public can review. AT&T should reconsider alternative sites. Other sites may not be the “best” site but they could be adequate. Board Comments
The AT&T contract is signed and the amendment is not signed The Board based their decision on the conversations with the public over the past four years. The Board required AT&T to comply with certain conditions. The conditions were made to satisfy public safety concerns and citizen issues following all the discussions at all levels This is not about money. It’s about being properly prepared and to provide the highest level of safety and service to the residents Director Perazzo stated that he went to STA 4 to measure the sound levels. His readings were approximately 68 dpa and the noise levels comply with County standards at the property line at STA 4. Noise can be engineered out. The additional cell towers will meet Cal/OSHA standards and NFPA standards. There are no significant studies that indicate that cell EMFs are harmful and the IAFF study is from 2007. No other IAFF studies have been conducted since 2007. If there were concerns over firefighter safely, the IAFF would have addressed them in the past 5 years The American Cancer Society’s study concluded that cell towers do not cause cancer
Chief Irving Comments
The District’s Mobile Data Computers (MDC) operates on the AT&T system. The MDCs are an integral tool for command decisions and a confidential way to share information and mapping service There was a County-wide study for MDC usage to determine who could provide the best service and AT&T was chosen The AT&T cell tower will fill the MDC gap in Tam Valley Verizon is now available for the MDCs but their service is spotty too MERA is a radio system and totally different system than the MDCs The District can make STA 4 more attractive. We have a responsibility to be good neighbors and this is a difficult decision There may be legal problems if the District decides to pull out of the AT&T contract but there is a oneyear cancellation clause
A motion was made not to move forward with the amendments to the AT&T cell site. M/S: St. John / Hilliard; 3 yeas; 3 nays; absent: Van Meter Board President Chun stated that this item will be tabled until the June 25, 2014 Board of Directors meeting. Board President Chun suggested that the Board form an ad-hoc committee to investigate the issues presented in this Board of Directors meeting and report back to the Board at the June 25, 2014 Board meeting. Directors St. John & Perazzo volunteered for the committee. Directors and staff took a meeting break from 9:02 pm to 9:08 pm Consent Calendar – May 2014 Discussion: Thank you to Finance Manager Schiffmann for including the balance sheet in the financial reports. The Board asked what “Unavailable Revenue” is. “Unavailable Revenue” is Strike Team reimbursements that may not be paid for several months. Why is the Office Equipment Maintenance over budget? The STA 4 printer needed servicing and the unit is no longer under a service contract. There was one service call that cost over $800. The copier at STA 4 will not be serviced again. Why is the Gas Detector Calibration line item over budget? The calibration for the sensors are more expensive than anticipated. What does the Haz Mat JPA pay for? This JPA is County-wide and funds the Haz Mat Team. Money paid by all agencies in the JPA pay for equipment maintenance & replacement and all costs for the JPA Team. A motion was made to approve the Consent Calendar for May 2014 as presented. M/S: Langeveld / Willis; absent: Van Meter; all ayes B. Correspondence: 1. Thank you from Ross Valley Paramedic Authority for incident response 2. Assorted letters from Tam Valley residents regarding AT&T cell tower C. Oral Reports Association President Jason Golden In addition to the Association written report in the Consent Calendar, Association President Golden reported the following: • Staff will participate in the Alisa Ann Ruch Burn Foundation (AARBF) burn relay fundraiser tomorrow. Typically, the Association donates $1,000 to the Foundation • We had a successful pancake breakfast before the Caledonia Street Fair. The Association partnered with the Lyons Club • The IAFF study continues • The Association would like more details regarding the Outreach Committee activities
Fire Prevention Officer Hilliard – FPO Hilliard was not present at the Board meeting: C-Shift – CM Battalion Chief Prete, Administration Today is my last full shift today with Southern Marin Fire (SMFD). I am sad to be leaving SMFD but I understand the Board’s position regarding the Corte Madera Fire JPA. Thank you to everyone. Fire Chief Irving •
There is one employee on WC
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Seven candidates are in background checks now. Three have completed their background checks and the District is hiring five of the seven candidates. For the first time SMFD is including a psych exam in the hiring process for recruits
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The Recruit Academy begins on June 30th. It will be a joint academy with Marin County Fire and there will be eight people attending the academy
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The Corte Madera JPA is terminated effective 5/29/14. The JPA was beneficial and staff became selfaware of some issues within SMFD. This was a good trial and we’ve learned a lot. The JPA was a positive step and pushed SMFD closer to Mill Valley Fire. It also pushed Corte Madera Fire closer to Larkspur Fire. The Board requested Fire Chief Irving to conduct an exit interview with CM BC Prete
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The Mill Valley Fire personnel share is moving forward
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SMFD participated in a fire extinguisher training at the GGNRA stables
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Staff collected money for MDA’s Fill the Boot event. $2,500 was raised in southern Marin
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The firefighters and engines attended the National Bike to School Day in Tam Valley. The children met at STA 4
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Director Perazzo and I staffed a Disaster Preparedness / CERT / VIP Booth at the Caledonia Street Fair. Smoke detector batteries were distributed to Fair attendees
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There will be a CERT training on June 14 and June 21. FF/PM Paterson and FFs Stone, Coleman and Raffaini will be the CERT trainers along with Mill Valley BC Mike St. John
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SMFD is moving forward with Lexipol and there is a Lexipol web meeting soon. BC Barnes is taking the lead on this project
D. Committee Reports 1. SMEMPS – Director Chun reported the following: • SMEMPS approved the preliminary budget for FY 2014/15 • Holding a hands-on sidewalk CPR training at 20 locations including Strawberry Village and the Sausalito Ferry Terminal. • Medic 6 will be replaced in October 2014 2.
Consolidation Committee – Director Chun reported the following: • • • •
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Met with Fire Chief Pearce and the Tiburon Fire Board members on 6/3/2014 The meeting was to discuss area-wide shared services Chief Irving and FPO Hilliard were also present and Chief Irving presented a timetable It was a good meeting and a good foundation was created
Finance Committee – Director Hilliard reported the following: • The committee is looking at projections through 2020. We want to keep track of trends •
The current budget is on target and there may be some money left at the end of the fiscal year.
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Would like to put $300-$500K in SMFD Reserves. Need to deposit $500K to meet all expenses
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Chief Irving provided a good presentation on new equipment financing vs. purchase
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If the opportunity is there, it would be a great idea to move STA 9. The District can move STA 9 to a better location if we can sell STA 9. Finance companies will look at the SMFD Reserves as a qualification for the new fire station financing. Serving the public is the Districts #1 priority and moving STA 9 serves the citizens of the District better
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Moving STA 4 is something to look at for a faster response time in Homestead Valley. Selling STA 4 will not offset the cost of a new site for STA 4
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Personnel Committee – Personnel issues will be discussed during closed session.
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Public Outreach & Communications Committee – Director Perazzo reported the following:
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The committee is working with FF/PM Golden to get firefighter volunteers
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We’ve begun working on the open house event scheduled in October. The committee is planning on repeating the community open house event for the same day, same event.
MERA Committee – Director Langeveld reported the following: •
MERA approved the FY 2014/15 budget
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There is a 4% cost increase for SMFD
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Will be spending money on outreach for the MERA parcel tax
Building Committee – The committee did not meet.
E. New Business 1. Firefighter MOU – Final Approval The Board asked the following questions: Does the 3.5% salary on page 1 need a date? No, it does not. On page 3, the duration date for the Deputy Fire Marshal is incorrect. Staff will change the date to 2013/14. On page 5, is the intent to list specific staff by name? Yes, because the issue effected only these employees. Is the COLA rate on page 8 correct? Yes, and COLA goes up annually. A motion was made to approve the Firefighter MOU as corrected. M/S: St. John / Hilliard; absent: Van Meter; all ayes After further discussion a second vote was made due to Director Hilliard’s conflict of interest. The second vote is: M/S: St. John / Willis; abstain: Hilliard; absent: Van Meter; all ayes 2.
Time Capsule There is a time capsule at STA 9 and a retiree informed staff that the time capsule should be opened in 20 years which is 2014. It was suggested that the time capsule be opened at the open house in October 2014. BC Allen said the he believes the timeframe to open the capsule is not 20 years. It is 50 years. Staff will contact retirees for clarification.
F. Old Business 1. Tam Valley Residents - Cell Site Presentation. This item was covered earlier in the meeting. 2. AT& T Cell Site: Bill Hammett, Hammett & Edison & Tawni Parr, Complete Wireless Consulting This item was covered earlier in the meeting. 3. Deputy Chief Update – Director Willis reported the following: • •
Bob Murray & Associates was chosen for the Deputy Chief (DC) position with the budget not to exceed $25K They have begun to put together a recruitment flyer. Benefits and photographs were received today so that the brochure can be completed. The closing date for the DC position is July 25, 2014
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Bob Murray & Associates will review applications and choose up to 12 candidates. Candidates will participate in an oral board on August 19, 2014. The oral board will select three candidates who will be interviewed by the Board. By October 1, 2014, a DC should be in place. Too much overlap time for the DC and Fire Chief is not good. Chief Irving is available for DC questions and direction for up to 960 hours per year
4. Labor Negotiator – Chief Irving reported the following: We put out an RFP and received only one response. The RFP was put out again and received three proposals. The Personnel Committee is meeting next week to go over the proposals and make a recommendation to the Board 5. Sunetric Solar Purchase - Funding - Final Approval BC Allen recommends that the Board choose because there is no money down and the District can buy energy at a lower rate than PG&E and will be locked in that price for the duration of the lease. The lower rate starts right away. There is a $2,000 fee for project management and coordination. A motion was made to approve the Sunetric solar purchase using Power Purchase agreement financing. M/S: Hilliard / Langeveld; nays: Willis; absent: Van Meter; all ayes 6. Appreciation for CM BC Prete - Chief Irving addressed the meeting: BC Prete has been a tremendous asset to the District. He’s worked diligently with staff. He is very positive and tried to make the CM Fire JPA work for both fire agencies. BC Prete is well liked and we are sorry to see him go. There was a brief intermission for coffee and cake from 10:00 pm to 10:10 pm. CLOSED SESSION: (1 item) Out of Session: 10:10 pm Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Agency negotiator: Personnel Committee Employee Organization: Southern Marin Firefighters Association, IAFF Local 1775 OPEN SESSION: Back in session 10:26 pm. The Board gave direction to the Fire Chief. G. Poll of the Board Director St. John: Thank you to staff for staying late. I’m sorry I missed the pancake breakfast Director Hilliard: Thank you Chief Irving for your leadership. Director Willis: I attended the pancake breakfast and enjoyed the event. I am going to the burn relay. Thank you to the firefighters for saving my house and fast incident response. Food was left cooking on the stove which created a great deal of smoke. Director Langeveld: Thank you to BC Prete for doing a great job. Director Perazzo: I echo everyone’s comments. Director Chun: Thank you to staff to Board members with this controversial issue. You all did a good job. I am proud of the Board. This is a difficult decision. Thank you to staff for preparing the Board packets. Thank you to BC Prete. We appreciate your efforts. Adjourned – 10:30 pm
