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HomeMy WebLinkAbout2011_0801_MinutesOpen_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 9/6/11 Board/Committee: FIRE COMMISSION Meeting Date August 1, 2011 Location Mo'ikeha Building, Meeting Room 2A/213 Start of Meeting: 2:00 pm End of Meeting: 3:15 pm Present Chair Basilio Fuertes, Jr.; Vice Chair Wayne Mukai; Members: Linda Kaauwai-Iwamoto, Guy Croydon; George Simpson; Jan Rudinoff Also: Fire Chief Robert Westerman; Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Barbara Davis; Administrative Aide Paula Morikami Excused Member: Darnney Proudfoot Absent SUBJECT DISCUSSION ACTION Call To Order Chair Fuertes called the meeting to order at 2:00 p.m. with 5 members present; the 6th member oined shortly thereafter. Agenda Chair Fuertes requested that the agenda be amended to address concerns of the Commissioners regarding mandatory attendance of the Endangered Species Act Training. Mr. Croydon moved to amend the agenda to discuss the Commissioners required attendance at the training. Ms. Kaauwai-Iwamoto seconded the motion. Motion carried 5:0 Deputy County Attorney Winn said she understood the issue was whether the Commissioners had to attend the training and the answer was "yes". As officers of the County of Kaua'i, all officers and employees are required to attend the endangered seabird presentation. Chief Westerman added that because there was a concern for the Commissioners who work during the day, the County may consider scheduling a night class but no decision had been made. Deputy Attorney Winn suggested that if any Commissioner had a problem attending one of the scheduled meetings and/or felt it necessary that they attend a night class they should contact Ms. Davis or Ms. Morikami so they can et that information to the County Attorney's Office. Approval of Re lar O en Session Minutes of July 5, 2011 Mr. Croydon moved to approve the minutes as Kauai Fire Commission Open Session August 1, 2011 Page 2 SUBJECT DISCUSSION ACTION Minutes circulated. Mr. Simpson seconded the motion. Motion carried 6:0 Chief s Overview for the month of June, 2011 Monthly Report Chief Westerman gave an overview of the Fire Department's activities for the month of June as described in the Chief's Monthly Report noting that the Department had bought"a trunk" for the CERT groups to hold their support equipment, medical kits and other items that has been provided to them; it is being tested as to its functionality by the Princeville CERT team. Other highlights were the selection of the Fire Captains, Fire Fighter IIIs, Fire Fighter Ils, and on-call Lifeguards. The Department received a notification on the federal grant award for the Fire Education trailer. The Chief attended the KORE (Kaua'i Ocean Recreation Experience)which supports special needs participants in the water and he will be looking at how the Department can work with them, as a non-profit, to help provide them with some of the resources. The Chief also highlighted the commendations for department personnel that were received that month. The Chief briefly went over the Operations Calls, the major Apparatus report and the activities of the various Bureaus. Chief Westerman also announced that the Kaua'i Junior Lifeguards brought home the state championship for the 8th year in a row and sent kudos to them and the crew for their accomplishment. ■ Budget Report as of June 30, 2011 Chief Westerman reported the Department ended the fiscal year with 99.995% of the budget being spent and $109,660.31 turned back to the General Fund. ■ Monthly Report on Building Permit Information for June, 2011 Kauai Fire Commission Open Session August 1, 2011 Page 3 SUBJECT DISCUSSION ACTION There was a slight increase in the number of building permit plan reviews with an average of 5 days to process a permit through the Fire Department. Mr. Rudinoff moved to receive the Chief's monthly overview, budget and building permit reports. Mr. Croydon seconded the motion. Motion carried 6:0 Business KFC 2011-17 Communication dated 7/8/11 from the Maui Fire and Public Safety Commission to the Kaua'i Fire Commission requesting support to recommend that no changes or amendments be made to Chapter 7, Maui County Charter, with regard to the appointment of the Fire Chief. Chair Fuertes requested the Deputy County Attorney to provide the parameters on whether the Commission could support this request or not. Deputy Attorney Winn said under the Kaua'i County Charter, the request did not appear to be within this Commission's authority. Section12.05 of the Charter does not give the Commission the express, incidental or implied authority to give or not give support to a commission in a different County. Mr. Croydon asked if they could write a letter in support as an individual, not representing the Commission. Attorney Winn said yes, as a private individual person. Mr. Simpson was concerned that the Attorney's position was the Administration's position and asked if they were being told they could not make a motion to support this request. Attorney Winn said that the express functions that the Commission can do are listed in the Charter. The Commission can also do things that are implied or incidental to those functions, however, Attorney Winn could not see how supporting or not supporting something happening in a different County would fall under any of those functions. Kauai Fire Commission Open Session August 1, 2011 Page 4 SUBJECT DISCUSSION ACTION Mr. Croydon said one of the Commission's Rules allowed the Commission the right to act upon any proposed change or rule that may affect the Fire Department's ability to do its job properly. This may be a bit of a stretch but if the Maui Commission should lose the ability to hire and fire the Chief, it may have an impact on the Kaua'i Fire Commission to hire and fire our Chief. Mr. Simpson agreed saying he did not want to see politics coming back into the appointment of Chiefs in the future. Mr. Mukai also agreed and asked what would be the purpose of having a Commission if they did not have the authority to hire and fire a Fire Chief. With all respect to Deputy Attorney Winn, Mr. Simpson said he would like to have another opinion. Mr. Simpson moved on behalf of the Maui Fire and Public Safety Commission that the Kaua'i Fire Commission make a recommendation that no changes or amendments be made to Chapter 7 of the Maui County Charter relating to the Department of Fire and Public Safety and the Fire and Public Safety Commission and further note that this removes politics from the appointment. Mr. Mukai said that the Deputy County Attorney had advised the Commission that this was out of the Commission's parameters but he would like to hear the logic of why Maui was proposing something like this. Mr. Croydon stated that both Mr. Simpson and Mr. Mukai had made good points but he would like this item to be on the next month's agenda and to also have more information from Maui as well as a copy of the Kaua'i Kauai Fire Commission Open Session August 1, 2011 Page 5 SUBJECT DISCUSSION ACTION Commission's Rules which states if something is going to affect the Commission's ability to do its job properly................ Mr. Mukai said they needed more information because there may be good logic to this change. Mr. Croydon said if they have all the information available to them next month, the pros and cons, along with the County Attorney's opinion as to why the Commission should not support this request, then a more informed decision could be made. Mr. Simpson wondered if the County Attorney was telling the Commission that they could not even correspond with Maui to ask those questions. Attorney Winn said no; she believed it was not a problem to request more information. Mr. Mukai suggested Chair Fuertes contact Chair Vaught to find out the other side as to why this change was being proposed. Mr. Rudinoff seconded the motion. Mr. Croydon proposed this item be deferred to September so the Commission can get more information on both sides of the issue, a copy of the Kaua'i Fire Commission Rules and any other pertinent information that can be gathered. Mr. Mukai agreed with Commissioner Croydon to gather more information so they are able to make an informed decision. Motion failed 1 aye (Simpson); 5 nays (Fuertes; Mukai; Rudinoff; Croydon; Kaauwai-Iwamoto) Mr. Croydon moved to defer this item to September so they can get more information on both sides of the issue, a copy of the Kaua'i Fire Commission Rules and any other pertinent Kauai Fire Commission Open Session August 1, 2011 Page 6 SUBJECT DISCUSSION ACTION information that can be gathered. Mr. Rudinoff seconded the motion. Mr. Croydon questioned whether Mark Vaught, Chair of the Maui Fire and Public Safety Commission,was the appropriate person to get an opposing view from on this matter and thought it would probably be someone involved in the Charter Commission. Mr. Rudinoff suggested the Commission acknowledge receipt of the letter, thank the Maui Commission Chair and let them know our Commission is seeking more information about the issue, which does not commit our Commission to anything. Mr. Rudinoff further agreed with the Deputy Attorney that this was most likely not the business of the Kaua'i Fire Commission. Mr. Croydon thought it might be the Kaua'i Fire Commission's business if this issue eroded the Maui Commission's authority or changed its function dramatically and set a precedent. Mr. Mukai said even if the County Attorney was correct in that our Commission should not get involved in another island's kuleana,just getting the information would be very educational for this Commission should an issue like this arise in the future. Mr. Croydon reminded the Commission that the possibility of this occurring was discussed at the Fire Chief's Conference last December because the Administrations would like to have more control over their department chiefs; it was not brand new and out of left field and it was not just Maui - it was all the islands. If one fell, they might all follow suit. Mr. Croydon felt strongly that if we reverted back to changing the Fire Chief every time we changed the Mayor, we would not have the caliber of Fire Department that Kauai Fire Commission Open Session August 1, 2011 Page 7 SUBJECT DISCUSSION ACTION we have today. Motion carried 6:0 KFC 2011-18 Review of the County of Kaua'i Helicopter Use and Reimbursement Policy dated 5/1/11 Chief Westerman noted this was the County of Kaua'i Use Policy and not the Kaua'i Fire Department Use Policy. The Chief explained that the Fire Department would manage, operate, schedule and budget for the safe operation of the helicopter. It would be managed by the Deputy Fire Chief and in his absence the Battalion Chief on duty. The scheduled flights would be determined by established priorities referenced in the Policy. The cost of $450 per hour for using the helicopter was based on the factory's recommendation for the wear and tear of every hour of flight. One of the conditions in the policy was that anytime the helicopter flew, there was to be a fire rescue specialist on board to manage the people in the helicopter; the pilot's job was only to pilot the aircraft. Chief Westerman said they received from the State last week, the MOU (Memorandum of Understanding) for a covered storage area at the airport for the helicopter and they are working on changes to that agreement. By late August, the Department anticipates having the final MOU in order to finish the negotiations of the contract. Mr. Mukai moved to receive the report. Mr. Croydon seconded the motion. Motion carried 6:0 Executive Deputy Attorney Winn cited the purpose for Session going into Executive Session: ES-1: KFC 2011- 19 Pursuant to Hawai'i Revised Statutes §92-4 and 92-5 (a) (4), the purpose of this executive session is to consult with the Board's legal counsel on issues pertaining to the Board's and the County's powers, duties,privileges, Kauai Fire Commission Open Session August 1, 2011 Page 8 SUBJECT DISCUSSION ACTION immunities, and/or liabilities with regard to pending litigation against the County relating to drownings. Mr. Simpson moved to go into Executive Session at 3:03 p.m. Mr. Croydon seconded the motion. Motion carried 6:0 Return to Chair Fuertes called the meeting back to order in Open Session Open Session at 3:15 p.m. Adjournment Mr. Rudinoff moved to adjourn the meeting at 3:15 pm. Ms. Kaauwai-Iwamoto seconded the motion. Motion carried 6:0 Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk Basilio Fuertes, Jr., Chair ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting.