Document Sample



              MONDAY, MAY 5, 2009

                VIRGINIA L. LONG
           Court Reporting Services
                  P. O. Box 803
          Chesterfield, MO 63006-0803


                        I N D E X
7:00 P.M. Open Meeting                          Page
MEETING CALLED TO ORDER......................     4
PLEDGE OF ALLEGIANCE.........................      4
APPROVAL OF AGENDA...........................     4
      Marlyn Flauter............ p.   5
      Chris Gelven.............. p. 10
      Andy Stecko............... p. 14
      Larry Hoffman............. p. 19
PRESIDENT'S REPORT........................... 26
SECRETARY'S                                 REPORT
      a. Receipt of Closed Meeting Minutes for
        March 22, 2009......................... 32
TREASURER'S REPORT........................... 32
  a. Request/Bid Floor Coating/Sealer/H.3&5.. 42
     ATTORNEY’S REPORT......................... 44
 NEW    BUSINESS.................................
44                                               OLD
BUSINESS.................................         51
 (Closed Meeting)
       (Attachments made to Original Minutes)

              Virginia L. Long
              Court Reporter
               .314.603.2287                       2
                 MONDAY, MAY 5, 2009
                                    May 5, 2009
               BE IT REMEMBERED, that the Board of
Directors of the Monarch Fire Protection District
of Saint Louis County, Chesterfield, Missouri, met
at the Administration Building, of said District,
13725 Olive Boulevard, in the City of Chesterfield,
County of Saint Louis on Monday, May 5, 2009, at
7:00 P.M. and called to order at 7:02 P.M.            At the
above   time   and   place        there   were   present   the
following Officers and Directors:
 Rick Gans - President/Chairperson and Director
 Robin Harris - Secretary and Director
 Kim Evans - Treasurer and Director

Also present:        Assistant Chief Les Crews
                     Attorney Mike Bakewell

Absent:              Chief Clifford Biele

               A quorum being present, the chairman
called the meeting to order and announced the Board
of Directors meeting to be in session for the trans-
action of any and all business to be brought before

               Virginia L. Long
               Court Reporter
                .314.603.2287                                3
it at this time.

              P R O C E E D I N G S
                                             7:02 P.M.
             DIRECTOR GANS: Call to order the open
meeting of the Monarch Fire Protection District
Board of Directors.
             Would      you please rise and join me
in the Pledge of Allegiance?
      (Whereupon, all persons in attendance stood
and repeated the Pledge of Allegiance, after which,
the following proceedings were had.)
             DIRECTOR GANS: Approval of Agenda.
 Are there any changes to the agenda?
             ASSISTANT CHIEF CREWS: I have none.
             DIRECTOR EVANS: No.
             DIRECTOR HARRIS: No.
             DIRECTOR GANS: I have none, but, Les,
I know that there was -- it was mentioned to me
that we were going to set, possibly set Board
Meeting dates for June and July.
             ASSISTANT          CHIEF   CREWS:   That’s
             DIRECTOR GANS: That’s not on here.
             ASSISTANT CHIEF CREWS: We did not put

             Virginia L. Long
             Court Reporter
              .314.603.2287                           4
that down on there.       I didn’t know if you wanted
to add that, or, --
              DIRECTOR GANS: Okay.          We’ll do that
next time.
              ASSISTANT CHIEF CREWS: Okay.
              DIRECTOR GANS: Because I’m not ready
and it’s not on here so I’m guessing you guys aren’t
              DIRECTOR HARRIS: No.
              DIRECTOR GANS: So, --
              DIRECTOR HARRIS: I’m not.
              DIRECTOR GANS:           -- we’ll look at
doing that for the next meeting.
              All right.          Moving on to Citizens
Comments.    We have four comment sheets tonight.
              Marlyn Flauter.
              MS. FLAUTER: Marlyn Flauter, 15520
Easy Ridge Court, 63017.
              “Whatever          decision   I   make   as   a
Director, I must answer to them, but, also, to the
50,000 citizens of the District.”
              That was the full quote that appeared
in the Suburban Journal on March 31st.
              There was a key sentence that was
attached to that comment that, unfortunately, was

              Virginia L. Long
              Court Reporter
               .314.603.2287                                5
not published.      Had the quote been published in
its   entirety,   the    full     quote   would’ve       been,
“Whatever decision I make as a Director, I must
answer to them, but also to the 50,000 citizens.
 The citizens will be my first priority.”
              The point I wish to make in response
to the President’s Report at the last open Board
Meeting,   Mister    Gans,      you   chose   to   use    that
published quote that I referenced, but only a
portion of it.
              When someone knowingly uses a portion
of a quote and uses it as a stand-alone statement,
to create a position or stance that the person being
quoted has not truly taken, that is manipulation
and deception.
              To make it appear that someone has
said something that furthers a case or a cause that
you yourself champion, or to prove a point you’re
trying to make, while knowing full well there’s
more to the story than you chose to reveal or
acknowledge is deception in its highest form.
              I want to go on record that I resent
being misrepresented in that fashion in your report
at the last Board Meeting.
              When I had the conversation with Ms.

             Virginia L. Long
             Court Reporter
              .314.603.2287                                  6
Shapiro, at the time she was writing the article,
I spoke about the support of the men and the women
that serve the District, not the union, as such.
               The union is really a non-entity.
It’s like saying the club or the church.            It’s an
               My dealings were with individuals,
with real people.
               When I spoke of answering to them,
I was speaking of talking with, dealing with, and
working in collaboration with these men and women.
 People like Dana and Chris, Jean, Sean, Matt,
Josh,   Bob,   Andy,     and      the   hundred-plus   other
individuals that serve the District.
               The word “union” was inserted in that
               The union is merely their collective
body.     We cannot deal or work with collectives,
just individuals.
               The     union      has   been   consistently
portrayed to the citizens in a very unfavorable
manner.     The fear and smear tactics that have
employed -- that have been employed are an insult
to every man or woman that wears the badge for

               Virginia L. Long
               Court Reporter
                .314.603.2287                              7
              Using that fragmented quote the way
it was used furthers that tactic.   It’s erroneous,
harmful and unprofessional.
              Jack Welch, when he was the CEO of
General Electric, once said, “For you to be a great
leader, you need great followers.       Cultivate and
respect your employees as it is they who will help
make your dream come true.”
              Who, exactly, will make the dream of
Monarch, the mission of Monarch come true?
              The Board of Directors will, along
with the men and women that serve our District.
              And I would be remiss if I did not
state that as a citizen I was appalled at the
unprofessional display with your punitive dialogue
orchestrated at Director Evans at the last meeting.
              To launch an attack of this nature
at an open Board Meeting on one of your fellow
Directors   was   inappropriate   and   showed   total
disrespect.   It would be akin to one of my fellow
partners displaying the same behavior to me in a
department meeting.
              Frankly, our firm would not even
tolerate that.
              If these are truly your beliefs, then

              Virginia L. Long
              Court Reporter
               .314.603.2287                         8
a Closed Meeting, in which all other personnel
issues are discussed, is the proper forum.
               In closing, let me say, I was pleased
to hear Director Harris’s comments in which he
stated that it’s time to move forward.
               This     is    a   mantra   I   have   stated
numerous times in the years I have been attending
these meetings.      As he alluded to the house divided
against     itself    cannot      stand,   I   feel   truly
hopefully that we, as a District, can indeed move
               I’m so very hopeful, Director --
Director Harris, that you continue to hold true
to that principal.
               Please foster an environment of open
communication and positive focus forward.
               As leaders, and as Directors you are
truly leaders, it is important that you look to
the future and see this District not as it is, but
as it should be.       And, in doing so, you can and
will find that you will answer to the men and women
of the District as well as to those fifty-plus
               Thank you.
               DIRECTOR GANS: Next, we have Chris

               Virginia L. Long
               Court Reporter
                .314.603.2287                              9
               MISTER GELVEN: Chris Gelven, fire
fighter/paramedic, shop steward.
               I   intentionally    mentioned   my   job
title as fire fighter/paramedic first and shop
steward second.
               I have been employed here at Monarch
Fire Protection District for ten years.         This is
my home as a fire fighter.       I love Monarch and the
residents that live and work here.
               I also love and support the men and
women I serve beside, my fellow fire fighters,
paramedics, engineers, captains, EMS supervisors,
mechanics,    fire   inspectors    and   administrative
assistants.    There is not one of us who could do
the job without the others.
               During the Secretary’s Report of open
Board Meetings, a brief review of Citizen Comment
cards is given.      For those of us that regularly
attend these meetings, we know that the men and
women who respond to emergency calls for help
receive outstanding remark -- or, outstanding
marks for the service we provide in residents’ time
of time.
               This consistently high appraisal of

              Virginia L. Long
              Court Reporter
               .314.603.2287                          10
our job performance verifies that we see beyond
politics when it’s time to do our job.
               Whether a non-resident is injured in
a   car   accident    while      traveling   through   our
District, or a live-time resident needs help
changing a smoke detector battery, or installing
a car seat so their grandchildren can safely travel
with them on a visit, we always provide the highest
level of service possible, given the equipment,
training and personnel available.
               Now on to my second title.         I am a
shop steward for the Labor Union that represents
these same men and women that provide all of the
above services.      These are people that would have
-- there are people that would have you believe
that the union is a separate entity that somehow
seeks control of this District.
               The union is made up of the very same
men and women mentioned above.
               The union is the umbrella that helps
negotiate wages, benefits and working conditions
for our employees.
               Contrary to what some people are
falsely portraying, and what the Directors all know
to be the truth, all wages, benefits and working

              Virginia L. Long
              Court Reporter
               .314.603.2287                            11
conditions of all employees are bargained for and
must be agreed upon by the Board of Directors.
              All Memorandums of Understanding, or
contracts,   must   be    signed       by   those      Board    of
              While we were canvassing for this
April election, one of our members was met with
a statement from a resident, “I don’t see why the
fire fighters are so involved in politics.”
              Trust      me     when   I    say   we   are     not
involved because we enjoy it.               We are involved
because we feel like we have no other choice.
              We know that people are busy and do
not have time to oversee the operations of their
Fire District and make sure their elected officials
are spending their tax dollars wisely.
              The men and women employed at Monarch
have a long-term vested interest in the financial
stability of this Fire District.             We realize that
wages and benefits must be balanced with equipment
and infrastructure needs.
              We also realize that residents have
a right to know when their tax dollars are being
spent on things that contribute little or nothing
to improve their emergency services from their Fire

             Virginia L. Long
             Court Reporter
              .314.603.2287                                     12
               I will not apologize for keeping the
residents informed.        Whether or not they choose
to exercise their right to vote in an election,
all of our residents deserve to have the quality
and emergency services that they pay for.
               I will not apologize for standing up
for the fair and equal treatment of the men and
women that serve the District honorably every day.
               And I will not apologize for working
to   ensure   we   maintain      competitive   wages   and
benefits to recruit and retrain the best of the
best in our field.
               All of our lives, both residents and
employees, depend on these things.
               The men and women that work for the
Monarch Fire Protection District are not thugs,
cronies, or any other negative labels politicians
seek to attach to us.      We are sons, daughters, moms
and dads, grandpa’s and grandma’s.        We are college
graduates and military veterans.
               We are highly trained veterans of the
fire service.
               Yes, we are members of the union.
Yes, we are your fire fighters.          And what we --

              Virginia L. Long
              Court Reporter
               .314.603.2287                            13
we will always be here to protect you and your
             Thank you.
             DIRECTOR GANS: Andy Stecko.
             MISTER      STECKO:   Andy   Stecko,   shop
             I would like to address a phrase from
Director Gans verbal lashing given to Director
Evans on the April 30th open Board Meeting.
             Over the past three decades, the
organized professionals who provide the service
to the residents of the Monarch Fire Protection
District have been accused of these so-called
ridiculous or outrageous demands made by the union
or the fire fighters, so I thought I would revisit
a few.
             First,        a    stance    against    the
District’s decision to switch dispatch services
from Central County Emergency 911 to South County
Emergency 911.     The union leadership spoke out
against this decision that degraded the level of
service to our residents.
             The      union,     along    with   several
residents, got dispatching services eventually
returned back to Central County Emergency 911.

             Virginia L. Long
             Court Reporter
              .314.603.2287                           14
             I have been told that that’s one of
the largest reasons you got involved, Mister Gans.
 Would this be one of those outrageous union
             The stance against -- the second is
the stance against this very building and the
placement of the Fire House at this location.      It
 was the fire fighters, along with several others
who posed arguments about response times and
efficiency of service.
             What happened in the end?          Well,
House Four moved and ended up at White Road and
Olive.   I guess, another outrageous demand.
             Third, the -- the stance to maintain
the Engine House at Fernview and Olive, currently
our House Three.     Several residents, as well as
fire fighters, as the fire fighters’ union, stood
 side-by-side with Director Sleet to fight the
majority of the Board, at that time, to continue
providing services out of that building.
             Again, I ask, outrageous?
             Fourth, the negotiation of the 2000
through 2003 contract.          As in all negotiation
processes, the committee acquires their facts and
presents an offer.       In this agreement, the fire

             Virginia L. Long
             Court Reporter
              .314.603.2287                        15
fighters      and     paramedics        would    receive      wage
increases of ten percent a year for three years,
raising the base salary of a fire fighter to close
to $78,000.00.
                 It was Rick Gans who pushed for the
wage and benefit package for the fire fighters,
telling    the      unions’    Negotiating       Committee      he
wanted to offer the wage increases to place the
Districts professional work force of fire fighters
and paramedics to the top in the area.
                 Later, as questions were raised and
criticisms started about the employees’ salaries
and benefits, the Directors didn’t stand behind
their decisions.         Instead, they made statements
calling our raises and salaries unprecedented.
                 A question: Which has the power in
this room to set a precedent, the union or the
                 Clearly, the Board.
                 It     was         during   this      time    the
distortion of facts started about the salaries and
the   union    and     deception        became   the    imbedded
message, or imbedded in any message from the Board.
                 Ultimately,          the    Board   proclaimed
that they were having budget shortfalls.

                 Virginia L. Long
                 Court Reporter
                  .314.603.2287                                 16
               It was the union who so selfishly
approved a work agreement that cut salaries at five
percent and included concessions “showing” several
thousand dollars for many employees.
               I guess this would be one of those
outrageous or ridiculous demands.
               Fifth.       During that same time, it was
the past Board, Mister Board -- Mister Gans boasts
about   that   cut   manpower      and   services   to   the
residents, leaving a newly purchased rescue truck
sitting on the Engine Room floor as the Maryland
Heights Fire Protection District’s rescue truck
had to drive past our abandoned rescue truck to
serve the Monarch residents on several occasions.
               It was the election of Kim Evans to
the Board that -- and her ability to be open with
the fire fighters union that got the manpower
restored and the rescue truck placed in full
day-to-day service.
               To date, that piece of equipment runs
with three personnel.        A definite service increase
to every resident.
               If     not    for   the    persistence     of
Director Evans and the side-by-side interaction
of herself, the staff and the union leadership,

               Virginia L. Long
               Court Reporter
                .314.603.2287                             17
that truck would still be a static display at our
House One on most days.
              Definitely, outrageous.
              Finally, prior to the election of
Director    Evans,    public     relations    and    safety
programs were virtually non-existent.
              Did you know that residents would
come to our Fire Houses and ask to have a car seat
checked or installed and we would have to send them
to a surrounding fire district, or to the police
station?    The Chesterfield Police Station?
              The Board, prior to the election of
Director Evans, placed no importance on community
safety and education programs.          This was clearly
evident by revisiting the budgets from the years
2004 through 2006.
              Kim Evans restored former -- former
programs    and   with    the    help   of   the    unions’
leadership and P.R. Committee, added additional
              Director -- Director Evans had to go
 toe-to-toe with her fellow Directors just to
attempt to enstate an image which was positive for
the Fire District.
              I could go on.       I won’t.    I should.

              Virginia L. Long
              Court Reporter
               .314.603.2287                             18
But I’m limited on time.
                The bottom line is the union has
always put the taxpayer in the Fire District first.
 Someone has got to blow the whistle when wrong
is being done.
                Our concerns and issues start with
anything that impacts the service or the quality
of service to our customers, from having the right
Fire House and equipment in the right spot, to
having pro-active community education, we all can
benefit from.    Or, training programs that put our
emergency workers abilities and capabilities above
any other surrounding services in the area.
                Simply, it’s never been about the
money and benefits.      It has always been about the
community.   Thank you.
                DIRECTOR GANS: Next, we have Larry
                MISTER HOFFMAN: Well, I turned in a
card that talked about something else, but I kind
of want to address some of the comments that have
been made, first.
                Larry   Hoffman,   1225   Beaver   Creek
Road.   Thank you.
                First of all, we have a situation

             Virginia L. Long
             Court Reporter
              .314.603.2287                           19
where a person gets up and says the union’s
different from the employees.
              Then we have two more speakers get
up and confuse me, because they talk about the union
and the employees being one and the same.
              So, I’m really confused about that.
              Although,         one of them is only a
previous candidate for the Board, and that, I will
allow her to have that opinion that the union and
the employees are separate.
              However, the last two speakers seem
to talk about them in one and the -- being one and
the same.
              So, to me, whenever we talk about the
union, we talk about the firemen and paramedics
of the District, because the union representatives
are always here at a meeting and they always speak
for the employees, if I -- at -- at least, when
I’ve been here.
              So, regarding lying and where you’re
coming from, as far as being for me, the taxpayer,
and wanting to come and pick me up if I’m in an
accident, I’m still trying to figure it out,
because Mister Stecko, you were at the Shenandoah
School, on election day, with me.         And anywhere

             Virginia L. Long
             Court Reporter
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from three to six of your people were there.
              Ms. Flauter was there, when I got
there.   And I tried to engage a conversation with
you, or with the firemen, representatives, at which
time I asked her, or I asked how long she thought
it would be, before you guys pulled, if she got
elected, pulled your support for her.
              Because, in past history, that’s what
you’ve done, as evidence of Rick Gans and previous
Directors.   Not -- not the most recent elected.
              But, over the years, you pull your
-- your support for who you actually go out and
              So, you -- I -- I asked Ms. Flauter
how long she thought it would be.
              Well, at that time, then I have a
retired fireman, who’s supposed to be experienced
in paramedics and handling crisis situations, come
over and louldy start yelling at me.
              So, the fact that you guys are so much
better than everybody else, you know, kinda makes
a puzzle out of it.
              I believe that most of your people
that works for you are. (Sic)

             Virginia L. Long
             Court Reporter
              .314.603.2287                       21
               But, then you called Mister Gans and
Robin Harris liars.        That they lie.          Okay?    To me.
               And     I   said,      “Well,       that’s     your
opinion.     I don’t think they do.”
               Now, you, as a -- an employee for --of
this District, for quite some time, when I come
to the meetings, you’re negative about everything
they do.
               But, yet, you still choose to be
employed by this District.
               To me, in other organization, I would
quit,   go    somewhere           else,     resign,       because,
basically, you’re calling your bosses liars.
               And I suggested to you that even I’m
-- I’m a boss of your’s, in a way, because I pay
your salary.
               You     said,       no,     that’s     not    true.
You’re not my boss.
               Well, I realize I’m not your direct
boss.   I know that.          But, you know what?              You
represent these people here and, to me, you don’t
do a good job of it, because, again, I see these
people as average people that will do their job.
               But,        you,           you’re      a      union
representative and you really don’t ever say

               Virginia L. Long
               Court Reporter
                .314.603.2287                                   22
anything positive about this organization.                You
always criticize them.
                  I would like to see you step forward
and tell me what you do, as a union, or as an
employee,    to    further       the   efficiency   of   this
organizazation, besides initiating lawsuits and
-- and claiming --
                  (General chuckles.)
                  MISTER HOFFMAN: Well, wait a minute,
now.     Ninety percent -- the treasurer of this
organization can tell you that 90 percent of the
money that goes out, goes for wages and benefits.
                  It’s more than just one employee’s
or one Director’s medical benefits that you want
to challenge.
                  Ninety percent of this money that
goes out of this District is in the form of wages
and employees, most of which goes to the union
                  So, if you could ever come up here
and say something positive about what your union
and what you -- you people, out here, are doing
to improve the efficiency of the organization,
overall, you know, or your Director here, the

              Virginia L. Long
              Court Reporter
               .314.603.2287                               23
treasurer, I would appreciate it.
              So,      basically,      I   --    I   don’t
understand why you want to keep working for someone
you criticize for -- critcize every year.
              Ms. Flauter, you’ve been very patient
when you were running and answering my questions,
so I appreciate that.
              So, the -- the behavior, in calling
your bosses liars, and then just continuing to work
for them, I don’t understand.
              And     --    and   it   goes     on-and-on,
regardless what election it is, it’s always the
same story.     I -- that’s why I can never figure
out why you work here.
              So, I’m in -- I’m interested.            And
what I wanted to talk about is basically tonight
the quality of the service provided by the District
and on -- and knowing the efficiency and how we
compare, in spending money, with other districts
in the state.
              So I would like to address Kim Evans,
the treasurer, who at the last meeting, you stated
that you’re more familiar with the numbers of the
District than any other employee.
              And you -- that’s what you suggested.

              Virginia L. Long
              Court Reporter
               .314.603.2287                            24
               So, I would like to see a comparison,
if possible, or suggest that you do just a little
bit, once in a while, instead of having a routine
treasurer’s report on what check was written for
what, try to tell how we’re -- where our revenue
comes from, how this new TIF thing about -- I think
the taxes from the TIF is going to be distributed,
or maybe is or isn’t more to different taxing
districts, including this union district.               Not
union district.       I’m sorry.     The -- it is -- it
is -- anyway, this -- this Fire District.
               If you could show -- tell me what that
TIF monies gonna -- if -- if there’s going to be
more available, or how that’s gonna impact the
residents tax assessments.
               I’d like to know how many residents
we have in the District, over the last ten years,
how that’s changed.          And I would like to know
things like how our costs per resident has changed
over the last ten years.
               But there’s efficiency, Rick Gans,
that -- more efficiencies that have been gained
by the District, as far as response time, our
difference     in   fire      ratings,   that   would    be
interesting.     Just anything like this that would

               Virginia L. Long
               Court Reporter
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make this meeting more interesting than coming up
here and listening about -- debating back and forth
with the union, them criticizing what’s -- what
the Board of Directors have -- are doing.
                So, I appreciate it.          Thank you.
                DIRECTOR GANS: Thank you.
                Moving on to the President’s Report.
                About six weeks ago, I received a
letter that was addressed to my house.          I have that
letter right here.
                While I realize it was a piece of
campaign      literature       supporting     the   union’s
candidate for the seat that Robin Harris was
elected to, nontheless it was a letter from Kim
Evans to me and my family and I have some questions
for you about what you told us in this letter.
                I begin with your statement about the
current Memorandum of Understanding with the union
where   you    stated       that   employee    costs   were
controlled, and I quote from the letter, by mine
-- “by my leadership in directly negotiating a long
term work agreement,” end quote.
                Perhaps I missed something, but I was
at the table during those negotiations.                 And
although the Board had assigned you the lead in

                Virginia L. Long
                Court Reporter
                 .314.603.2287                             26
negotiating on its behalf, during the first session
and every meeting thereafter, I had to assume the
position of representing the Board.
               You    will       recall,    you   wanted   the
long-term    work    agreement      to     exclude   language
recommended by counsel which would maintain the
Memorandum    of     Understanding          nature   of    the
agreement, instead of creating the contract nature
of the agreement that the union wanted.
               You       will        recall       Director’s
Terschluse and I insisted on language to eliminate
and later limit this control in order to protect
the taxpayers.
               Keep in mind this protection was no
different than that which existed since the first
MOU was signed decades ago.
               Your letter to my family continued
with, again, I quote, “This agreement includes
extremely modest wage increases that are far below
the cost of living increases,” end quote.
               Kim, although I know where you work,
I don’t know the compensation structure of your
employer, but I do know that by all objective
measures, a two-point-four percent increase in
base wages, on top of several other benefit and

              Virginia L. Long
              Court Reporter
               .314.603.2287                                27
working condition improvements is not a modest
increase that is far below the cost of living.
              I will spare you the embarrassment
of asking if you are cognizant of the current
economy in which wage concessions and huge lay-offs
are a daily news event.
              The fact of the matter is, as you
wrote your letter to me, the wage increase our fire
fighters received earlier in the year is far above
the cost of living.
              You then went on to discuss legal
matters confronting the District.
              You said, again I quote, “They have
hired no less than three law firms to defend them
and the high ranking officers in these matters.”
 End quote.
              Now,     I    know   you   have   carefully
monitored the legal expenses of the District.           I
thought you understood the fact that there are
several separate actions that were filed by the
District and against the District.
              For example, I recall your insistance
that the District only reimburse those accused of
criminal wrong-doing by your friends in the union,
rather than having legal expenses paid, which would

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               .314.603.2287                           28
be reimbursed if any of the accused were convicted
of crimes.
              How many law firms were hired to do
this legal work?
              Let me answer for you.     There was
              While I am on this topic, I would like
to ask -- I would like to ask you whether any of
those accused of fraud and mismanagement by the
union were convicted, much less charged with a
              Again, we both know the answer is no
one was charged, arrested, indicted, or convicted
of any crimes, once the facts were investigated.
              So let me move on to a separate
matter, which is currently creating an expense for
the District.    You know well and good that the
legal work done on behalf of the District in a
lawsuit it filed last summer, after a unanimous
vote of the Board, is being handled by two lawfirms.
              Mind you, I use the word unanimous,
as in Directors Gans, Terschluse and Evans.
              You also know, well and good, that
there is a good chance the District will cover what
the taxpayers had to spend to respond to the sham

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              .314.603.2287                       29
audit and are having to spend to recover this money.
               These legal costs have nothing to do
with    defending    the   District      or    high    ranking
               So let me finally move to the last
legal matter confronting the District, one which
is costing the District virtually nothing.
               You      know        I    refer        to     the
discrim-ination claim that is being defended with
costs completely paid by the Districts’ insurance
coverage.    So your statement that, again I quote,
“they have hired no less than three lawfirms to
defend them and the high ranking officers in thse
matters” is just not factually correct.
               During the last two years, how many
times have you said you want to leave politics out
of the Board Room and that you want to move forward?
               Yet, it was only six weeks ago that
you wrote to me, with this letter, and to the other
taxpayers of the District, about decisions already
made,    decisions    that       included     your    vote   and
decisions    that    protect       the   interest      of    the
               There were several other topics you
covered in your letter to me and my family that

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               .314.603.2287                                  30
bear mentioning, but in the interest of time, I
will save those for another night.
              Lastly, did you have an opportunity
to find what you termed as complete lies in the
Jamboretz documents I quoted at our last meeting
-- at our meeting last Thursday?
              I am interested in having you point
them out to me, since several citizens approached
me, after the meeting last week, and asked to see
proof of the source of the quotes I used.
              That concludes my report.
              Moving on to Secretary’s Report.
              DIRECTOR HARRIS: I’m going to borrow
a page from Doctor Terschluse and say I have no
comments this evening.
              DIRECTOR GANS: No report?
              DIRECTOR       HARRIS:   No   report,   this
evening.   Thank you.        But I do have the Closed
Minutes for the meeting on Wednesday, March 22nd.
              And can you take these, in the absence
of Chief Biele?
              ASSISTANT CHIEF CREWS: Yes, I can.
 Thank you.
              DIRECTOR HARRIS: I’ll present those,

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               .314.603.2287                            31
               Thank you.
               DIRECTOR           GANS:     Moving     on     to
Treasurer’s Report.
               DIRECTOR       EVANS:       Tonight    we    have
disbursements in the amount of $43,409 and 24 --
25 cents for the period.
               We    have     two    checks    that    exceed
               The first check is to Missouri Fire
and Ambulance, which is a additional premium check
after the 2008 audit for Workmens’ Comp.
               And to Standard Insurance Commpany;
Virginia, I apologize, in the amount of $20,508.00.
               And to Standard Insurance Company in
the amount of $11,339.00.
               I had told you, Les, that I had a
couple of questions.         I’m not familiar with what
check   1606        is      for,      “Trace     Analytics,
               ASSISTANT           CHIEF     CREWS:        Trace
Analytics is the equipment that we use to air
quality checking for the self-contained breathing
               DIRECTOR EVANS: So this kit --
               ASSISTANT CHIEF CREWS: It’s a kit.

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               Court Reporter
                .314.603.2287                                 32
              DIRECTOR EVANS: It’s a kit.
              ASSISTANT CHIEF CREWS: Yes.
              DIRECTOR EVANS: A kit?          A single kit?
              ASSISTANT CHIEF CREWS: Yes, ma’am.
              DIRECTOR EVANS: And the second check
I asked, 607, Gonzalez Companies?
              ASSISTANT CHIEF CREWS: That is the
engineering firm that is overseeing the detention
basin project at Station Four.
              DIRECTOR EVANS: And what was this
additional cost for?
              ASSISTANT CHIEF CREWS: That was for
some additional field work that they had to do.
              DIRECTOR EVANS: And I noticed on
here, we -- we did get the check number 1601 for
Safe   Kids   Worldwide,         which   is   to   add   four
additional trainees for the carseat installation
program, which --
              ASSISTANT          CHIEF    CREWS:     That’s
              DIRECTOR EVANS: Okay.           Those were my
              DIRECTOR GANS: I have no questions.
              DIRECTOR HARRIS: I had one question,
for you, Les, just to educate myself.

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              Court Reporter
               .314.603.2287                               33
             But, under Ozark Rescue Suppliers,
we had check number 597 for resuce supplies.
             ASSISTANT CHIEF CREWS: Okay.
             DIRECTOR HARRIS: Do you know what
that would be?
             ASSISTANT CHIEF CREWS: I don’t know
every item on the invoice, but the majority of it
was for new rescue equipment that was purchased
to   compliment   the    PFD’s.           They’re    personal
flotation devices.      There’s a series of whistles,
“secure beamers” some strob lights, some mesh bags
and then some miscellaneous items.
             DIRECTOR           HARRIS:    So,     basically,
white water rescue with perhaps a little of the
airborne rescue equipment?
             ASSISTANT CHIEF CREWS: Most -- mostly
water rescue.
             DIRECTOR HARRIS: Thank you.
             DIRECTOR EVANS: In reviewing --
             DIRECTOR HARRIS: No.
             DIRECTOR EVANS: Did you have --
             DIRECTOR            HARRIS:      No      further
             DIRECTOR EVANS: In reviewing these
disbursements they appear to be reasonable and

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             Court Reporter
              .314.603.2287                                34
necessary in the conduct of the Districts business.
               Assistant Chief Crews, were these
checks prepared per your recommendation?
               ASSISTANT CHIEF CREWS: Yes, ma’am,
they were.
               DIRECTOR EVANS: Do they violate any
state bidding statutes or constitute installment
               ASSISTANT CHIEF CREWS: Not to my
               DIRECTOR EVANS: Then I make a motion
that we accept the disbursements as prepared.
               DIRECTOR GANS: I will second the
motion.   Any discussion?
               (No response.)
               DIRECTOR GANS: Call for the question.
 All in favor?
               DIRECTOR EVANS: Aye.
               DIRECTOR HARRIS: Aye.
               DIRECTOR GANS: Aye.
               DIRECTOR EVANS: Second of business.
               When I was elected to represent the
citizens of the Fire District as a Director two
years ago, I expressed my intentions to improve
the   status   of   public        education   programs   and

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               Court Reporter
                .314.603.2287                             35
emergency services for residents.
              Since less than ten percent of our
residents utilize our emergency services in any
given year, it is important to provide other
non-emergent services to our citizens and business
              To date, I have led the District to
establish child car safety seat installation and
education programs, reinstitute CPR classes for
our residents, oversee smoke detector installation
drives,    specifically          targeting   neighborhoods
following structure fires, encouraged twice yearly
open houses at all five Engine Houses and began
the   implementation       of     an   emergency    shelter
              As tasked by my fellow Directors, I
have successfully negotiated a work agreement with
our employees that provides adequate compensation,
balanced with careful fiscal protections.
              Specialty          training    for   our   fire
fighters has improved.
              New ambulances have arrived and will
soon be placed in service.
              Land for future House Six has been
purchased in accordant (sic) with the bond issue

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              Court Reporter
               .314.603.2287                               36
approved by voters.
             These are the issues that should and
will always be the foundation of my work as
             Sadly, under the guise of politics
as usual and business as usual, you, Mister Gans,
have chosen to spend large amounts of valuable time
on personal attacks.
             It was not surprising that you chose
last Thursday night to unleash your diatride,
including ludicrous inuendo and threats.
             What a sad message you sent to family
members, citizens, dignataries and the media that
were present to celebrate David Terschluse’s seven
years of service to this Fire District and the
beginning of Robin Harris’s term.
             While I am sure you intended merely
to launch that attack on myself, you insulted the
dignity of the event and deminished the importance
of the beginning of a new and positive direction
for our Fire District.
             Director           Gans   continues   his
long-standing practice of manipulating and putting
his own spin on the truth.
             This is pitifully reminisant of the

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             Court Reporter
              .314.603.2287                         37
half-quote     that     Marlyn       Flauter    spoke    about
tonight, that was unleased during the recent
campaign of Mister Harris.
                As the informed residents who read
the Suburban Journal article were fully aware, Ms.
Flauter’s comments were in two parts and, of
course, as she mentioned, you only commented on
half of it, to try to distract the people who were
reading it from the truth.
                These       attacks        undermind       the
important business -- business of keeping our
residents safe.        The position of Fire District
Director was never intended to be used as a personal
platform to launch these types of attacks, all in
the name of politics.
                Your conduct during the last Board
Meeting, Rick, does not demonstrate leadership and
calm reserve.     Rather, it demonstrates desperate
acts similar to a playground bully.
                I would like to thank you, Director
Gans, for presenting me with a few selective
documents at the last open Board Meeting for my
review.   These documents appear to be related to
the   health   insurance          audit   of   the   Districts
self-funded health plan, but lack my -- any real

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               Court Reporter
                .314.603.2287                               38
                 In    fact,       the   pile       of     papers
exemplifies the unfortunate inexuseable lack of
adequate updates, reviews, and detailed progress
reports concerning numerous legal issues, which
the District is actively involved in.
                 These updates should be regular and
thorough, not just from Director Gans, from chief
officers,    or       our   H.R.     director,       but     from
representatives of the numerous lawfirms that
represent this Fire District.
                 Perhaps, the addition of a new member
to our Board will provide the impetitus for this
type of detailed report to be made available in
our closed Board sessions in compliance with the
Missouri Sunshine Law.
                 Each of us is equally responsible for
handling and resolving these legal issues.
                 Therefore,        Mister       Bakewell,       I
request   that    a    comprehensive        legal    brief     be
prepared for all on-going litigation and presented
to the entire Board by the end of this month.
                 Though admitted, the incomplete and
deluded reports that I have received in the past
are not acceptable.

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              Court Reporter
               .314.603.2287                                   39
               In a recent Board Meeting, Director
Gans stated, while laughing, that the cost of
purchasing our new ambulances is really a lot of
money, I would state that quality state of the art
emergency equipment is expensive.
               If this equipment is better than what
we had, in the past, provides added value to our
residents, and is purchased in the competitive
bidding   process     which       is   in   complient    --    in
complance with all statutes, then these types of
purchases are exactly what the residents of this
District pay their taxes for.
               The legal fees spent over the past
four years, under the direct supervision of my
fellow Directors, would have paid for the purchase
of these ambulances, as well as some equipment to
supply them.
               For the remainder of my six year term,
I will continue to refocus my efforts to deliver
the best emergency, fire, medical and rescue
services available to our Districts’ residents.
               I     will         continue    to     work      on
recruitment and retention of the best fire fighters
and paramedics in the country.
               I    will     not       participate      in    the

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               Court Reporter
                .314.603.2287                                  40
negative    counter-productive            politics    as    usual
practices    that     have    burdened      this     Board    for
               The efforts of the men and women that
work for the residents of the Fire District, as
fire fighters, paramedics and support staff, serve
regardless of political bickering and respond 24
hours a day, 365 days a year.
               Yes.     This is their job.
               And, yes, they get paid to do it.
               I am confident that you, Director
Harris, will join me, in recognizing their efforts,
for they are the backbone of our Fire District.
               As a union pilot, you know that union
membership does not define or demonstrate your
skills and capablities as an effective pilot.
               Similarly,           our     fire     fighters,
paramedics,     and      support       staff       skills     and
capabilities    are     not       defined   or   demonstrated
solely based on their union membership.
               Finally, I welcome the efforts of
Director Harris to look forward, rather than back.
 I respect and honor his service to our country
as a member of the United States Navy.
               As stated in a portion of the sailor’s

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               Court Reporter
                .314.603.2287                                  41
creed, I quote, “I proudly serve my team with honor,
courage    and    commitment.           I    am    committed      to
excellence       in    the    fair     treatment        of    all.”
                 I trust the conduct and work of
Director Harris will demonstrate and honor these
tenants of excellence.
                 Together, we will work to move this
District in a positive direction.
                 That concludes my report.
                 DIRECTOR GANS: Chief’s Report.
                 ASSISTANT CHIEF CREWS: I have one
item this evening.           In the 2009 budget there was
a line item for floor coating and sealers to be
applied to Stations Three and Five and ask that
we would be allowed to go ahead and prepare that
bid specification and get that project underway.
                 DIRECTOR       GANS:       Do    you   have      any
specifics you’d like to include?
                 ASSISTANT CHIEF CREWS: The product
that we’re looking for is --
                 DIRECTOR GANS: Well, I mean, as far
as time-size.         Things like that.
                 ASSISTANT          CHIEF   CREWS:      A    30   day
window would be the normal bidding component.

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                 Court Reporter
                  .314.603.2287                                    42
             DIRECTOR      GANS:    All    right.      So,
calling it floor -- flooring, coating and sealer
is sufficient to --
             ASSISTANT CHIEF CREWS: Right.
             DIRECTOR GANS: All right.              I will
make a motion to go out to bid for a contract for
flooring, coating and sealer for Stations Three
and Five for a period not to exceed 30 days.
             DIRECTOR HARRIS: Second.
             DIRECTOR GANS: Any discussion?
             (No response.)
             DIRECTOR GANS: Call for the question.
 All in favor?
             DIRECTOR EVANS: Aye.
             DIRECTOR HARRIS: Aye.
             DIRECTOR GANS: Aye.
             ASSISTANT CHIEF CREWS: That’s all I
             DIRECTOR      GANS:   Okay.     Attorney’s
             MISTER     BAKEWELL:    I    don’t     have   a
report, this evening.
             DIRECTOR      GANS:    All    right.      New
             DIRECTOR HARRIS: Yes.

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            Court Reporter
             .314.603.2287                                 43
             DIRECTOR GANS: Okay.
             DIRECTOR HARRIS: If I may.     Please
guide me as I -- this will be my first New Business
comment, but at the last open meeting I had wanted
to, at least, initiate looking at the potential
for taking one of the ambulances we are retiring
and putting it into service at House Two.
             And because I am very new, and please
forgive me, but we all have to learn our jobs, I
am not quite sure how to express that.
             But, I’d like to move forward with
that, looking at; I think you had commented that
we would then move the brush truck.
             Actually, Assistant Chief Crews, --
             ASSISTANT CHIEF CREWS: Yes.
             DIRECTOR HARRIS:   -- could you tell
me, off the top of your head, when is the last time
that brush truck was actually used at House Two?
 Is that a weekly, monthly, semi-annual, or is it
just sitting there “in case”?
             ASSISTANT CHIEF CREWS: Without going
and looking at the statistics, that would be a
difficult answer for me to use, but the probablity
and the likelihood, because of more a rule than
a wild land nature, that is the more appropriate

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             Court Reporter
              .314.603.2287                      44
place for that piece of equipment.
              But it is there to serve the entire
District.    So, --
              DIRECTOR HARRIS: Well, and I realize
that.   I just didn’t know if we actually did use
it, or if it was primarily stand-by piece of
              DIRECTOR           GANS:     Robin,       let   me
              DIRECTOR HARRIS: Yes.
              DIRECTOR GANS: What I said was the
rescue truck.
              DIRECTOR HARRIS: The rescuse truck.
 And my apologies.       Not the brush truck.
              DIRECTOR GANS: Right.           And that’s --
and I said that last week, or -- because that’s
a reserve rescue truck.
              DIRECTOR HARRIS: Yes.
              DIRECTOR GANS: It’s not the Frontline
rescue truck.
              DIRECTOR HARRIS: Okay.
              DIRECTOR       GANS:       That’s   the    former
Frontline that was put into reserve duty, has --
is equipped now for heavy -- heavier rescue,
collapse, there’s a lot of wood and a lot of ropes.

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              Court Reporter
               .314.603.2287                                  45
              DIRECTOR HARRIS: Actually, I’ve --
I’ve seen that, now that you mention it.
              DIRECTOR          GANS:   Okay.   And   my
suggestion was that -- now, there is a question
that Les can probably answer.
              When’s the last time it went out on
a call?   Because I asked the chief that question
and the answer is that it’s never been out on a
call since it was placed into reserve status.
              He thought, maybe, once.           But he
thought, possibly, it hasn’t.
              ASSISTANT CHIEF CREWS: It could’ve
been a rare occasion that they -- a crew elected
to take it with them.           I don’t have that exact
number, but it has been placed in serve -- in front
line service when the new rescue truck has been
down for maintenance-related issues.
              DIRECTOR GANS: Okay.          But that’s a
pretty big luxery.       It’s one thing that we have
a reserve pumper, a reserve ladder and we have
reserve ambulances, so, a reserve rescue truck is
quite a luxery and I’m not sure if Maryland Heights
or Metro West still have their rescue trucks that
they don’t put in service any more, but I’m guessing
we could probably borrow one of their’s, if we’re

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             Court Reporter
              .314.603.2287                           46
going to put it in front line service temporarily.
              So, anyway, I -- I didn’t want to lead
the discussion totally in that direction, but, --
              DIRECTOR           HARRIS:     No,     I     --     I
appreciate the -- the guidance, because you’re much
more familiar with the equipment at the various
              DIRECTOR           GANS:     Right.         So     my
suggestion   was,    it    would     make     room       for    the
ambulance to run out of House Two.
              DIRECTOR HARRIS: Okay.
              DIRECTOR       GANS:       Until      --   and     my
thought is, until House Six is built and then we
can decide if it goes there instead.
              But, I -- I do know that we have talked
about a fifth ambulance at various times.
              I do know that both of the candidates
for the election made it a campaign issue about
having a fire truck in -- I’m sorry, an ambulance
in Wildwood, so I am supportive of the concept.
 I, you know, we -- we do have reserve equipment.
 We have to analyze that.                We would need more
manpower,    hire    more        people,     but     that’s       a
possibility, as well, because we would need them
when we open House Six anyway.

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              Court Reporter
               .314.603.2287                                     47
               So, I didn’t mean to -- so, go ahead.
               DIRECTOR           HARRIS:     No,    I      --    I
appreciate    that,     because      what     I’m    trying      to
determine tonight is the best way to proceed with
the initial movement to decide if -- if -- what
it would require to put the ambulance --
               DIRECTOR GANS: I would say, look that
direction and ask the Assistant Chief to begin a
dialogue about that, because we rely on their
               ASSISTANT          CHIEF   CREWS:     My   --     my
direction to you would be is to allow the staff
to look at it and analyze the information and look
at the call volume and then come back and make a
report to the Board.
               DIRECTOR HARRIS: That is exactly what
I would like to see.
               ASSISTANT CHIEF CREWS: Okay.
               DIRECTOR EVANS: I have already taken
the initative to e-mail Kelly and ask her, in
anticipation that we would have this discussion,
about manpower and to, before she left, to utilize
her expertise to pull numbers.
               So, of course, we need to know.               Look
at   things   like    minimum       manning    and    how    many

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               Court Reporter
                .314.603.2287                                    48
employees   we    really    need    to   have    the   staff
adequately if we have employees, up to five, on
                 There’s so many variables.
                 So I asked Kelly to look at several
different options for us and to bring us some
numbers, so that we can have this discussion.
                 DIRECTOR HARRIS: I -- I appreciate
it, simply because looking at the fact that most
of our personnel are paramedics and fire fighters,
I considered the possibility that it would require
very little, if any additional staffing, to at
least allow it to be on Station, to be a first
responder on a medical call, with a truck then
coming from House Five to back it up, as opposed
to, what I believe they’re currently doing, which
is taking the truck, and on those rural roads, and
I do have a tremendous amount of experience driving
rural roads, a big heavy truck will take twice as
long to respond as an ambulance.
                 So,   if   she’s   going   to    look    at
different manning levels, or different staffing
levels, Assistant Chief Crews, that would be great.
                 ASSISTANT CHIEF CREWS: Okay.
                 DIRECTOR GANS: So that’s the first

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             Court Reporter
              .314.603.2287                               49
             DIRECTOR HARRIS: Yes.   And that’s --
             DIRECTOR GANS: It sounds like you’ve
got it underway.
             DIRECTOR HARRIS: As long as we take
the first step, I’m --
             DIRECTOR GANS: Great.
             DIRECTOR HARRIS:   -- delighted.
             DIRECTOR GANS: Okay.    I think we’re
all in agreement that that’s appropriate.
             Any other New Business?
             (No response.)
             DIRECTOR GANS: Under Old Business,
there was an e-mail between the Directors about
changing the date of a closed meeting and my last
e-mail was that we would try and decide that
             We had a closed meeting scheduled for
-- well, my calendar’s still in April.
             DIRECTOR HARRIS: The 26th is what we
originally had.
             DIRECTOR GANS: Right.   And it was --
one suggestion was that morning.       And another
suggestion was the evening of the 28th, with
Director Harris on the phone.

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             .314.603.2287                      50
              So, Kim, how is -- that’s fine with
              DIRECTOR EVANS: Robin, is still seven
o’clock still the absolute earliest that you can
              DIRECTOR           HARRIS:   There    is   a
potential, if -- if I can adjust the time, let me
take a look and -- and come back on that, but,
because I actually might be able to make that 5:30
or six, which I assume would be --
              DIRECTOR EVANS: Preferable.
              DIRECTOR           HARRIS:       --    more
              DIRECTOR EVANS: The date is fine.
Thursday, May 28th.
              DIRECTOR HARRIS: But -- but, I have
information that is Minneapolis that I can not
access until I go there.           And once I do that, I,
actually, at our next meeting, on the 11th, I would
know, or I can actually e-mail it out later this
              DIRECTOR GANS: Okay.         Why don’t you
do that?   If you can e-mail it out, do that.
              DIRECTOR HARRIS: All right.
              DIRECTOR GANS: If not, we’ll handle

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              Court Reporter
               .314.603.2287                             51
that at the closed meeting.
              And for the public, it’s a closed
meeting we’re talking about.     Nontheless, we are
required to post it properly and the discussion
is a discussion by e-mail with a copy to the public
file.    It’s not a very exciting discussion, but
that will be posted on the website, for those who
are interested in knowing when we’re meeting in
closed session.
              So it’s going to be one of those
dates.   That’s where you’ll find out what it ends
up being.
              And is there any other Old Business?
              (No response.)
              DIRECTOR GANS: Mike, the Board is
going to handle a closed meeting matter now, so
I assume we need to go into, from here, to closed,
or can we adjourn and hold a separate closed?
              I guess we didn’t post a separate
closed, so we probably need to go into closed.
              MISTER BAKEWELL: Appropriately there
would need to be a motion made, --
              DIRECTOR GANS: Okay.
              MISTER BAKEWELL:    -- a second and a

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              Court Reporter
               .314.603.2287                     52
                DIRECTOR      GANS:   I   don’t     have   the
numbers up here.
                MISTER       BAKEWELL:    Under     610.021,
sub-section one, which is litigation and legal,
thirteen; I’m sorry, not thirteen.               Nine, which
I believe is -- if I misspoke, I apologize, off
the top of my head, but it has to with personnel.
                DIRECTOR GANS: Okay.
                MISTER       BAKEWELL:     And     personnel
                DIRECTOR GANS: All right, 610.021?
                MISTER BAKEWELL: Correct.
                DIRECTOR GANS: All right.           I’ll make
a    motion   to,    under   Missouri     Revised      Statute
610.021, Section Nine, go into a closed session
for the purpose of discussing personnel matters.
                DIRECTOR EVANS: Second.
                DIRECTOR GANS: Any discussion?
                (No response.)
                DIRECTOR GANS: Call for the question.
    All in favor?
                DIRECTOR EVANS: Aye.
                DIRECTOR HARRIS: Aye.
                DIRECTOR GANS: Aye.
                At    the    conclusion    of    the    closed

               Virginia L. Long
               Court Reporter
                .314.603.2287                               53
meeting, we will go back into open session.            I will
tell you, it’s to adjourn the meeting, so you’re
welcome to stay for that.
      (Whereupon, at 7:53 P.M., the Directors went
into a closed meeting, after which, at 8:58 P.M.,
the following proceedings were had.)
             DIRECTOR           GANS:    The   Board    just
concluded a closed meeting and no votes were taken.
             I will make a motion to adjourn.
             DIRECTOR HARRIS: Second.
             DIRECTOR GANS: Call for the question.
 All in favor?
             DIRECTOR EVANS: Aye.
             DIRECTOR HARRIS: Aye.
             DIRECTOR GANS: Aye.
             We are adjourned.
      (Whereupon, the meeting was adjourned at
8:59 P.M. as described above.)
STATE OF MISSOURI               )
                                )   SS

              C E R T I F I C A T E

             I, Virginia L. Long, Notary Public

and professional court reporter, within and for

the State of Missouri, County of St. Charles, do

             Virginia L. Long
             Court Reporter
              .314.603.2287                                54
hereby certify that there came before me at that

time and in that place first aforesaid, those

persons and matters herein described, and has been

transcribed into typewritten form by me and is now

herewith returned.

             IN WITNESS WHEREOF, I have hereunto

set my hand and seal this 5th day of May, 2009.

             My commission expires June 14, 2012.

                                Notary Public within and
                                for the State of Missouri

             Virginia L. Long
             Court Reporter
              .314.603.2287                            55

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