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HomeMy WebLinkAbout2011_0906_MinutesOpen_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 10/3/11 Board/Committee: FIRE COMMISSION Meeting Date I September 6, 2011 Location Mo'ikeha Building, Meeting Room 2A/213 Start of Meeting: 2:00 p.m. I End of Meeting: 4:00 p.m. Present Chair Basilio Fuertes, Jr.; Vice-Chair Wayne Mukai; Members: Darnney Proudfoot; Linda Kaauwai-Iwamoto, Guy Croydon; George Simpson Also: Fire Chief Robert Westerman; Deputy County Attorney Mauna Kea Trask; Boards & Commissions Office Staff. Support Clerk Barbara Davis; Administrator John Isobe Excused Member: Jan Rudinoff Absent SUBJECT DISCUSSION ACTION Call To Order Chair Fuertes called the meeting to order at 2:00 m. with 6 members present Approval of ■ Regular Open Session Minutes of August 1, 2011 Ms. Proudfoot moved to approve the minutes as Minutes circulated. Ms. Kaauwai-Iwamoto seconded the motion. Motion carried 6:0 Chiefs ■ Overview for the month of July, 2011 and pertinent updates Monthly Report Chief Westerman highlighted some of the Fire Department's activities for the month of July as described in the Chief's Monthly Report. The Chief noted they were still working with the Blue Planet Foundation who will monitor the competition among the fire stations to reduce energy usage. The Prevention Bureau secured a half page for a"Sparky" ad in the Kaua'i Family magazine as part of their community risk reduction. The First Wave's fundraising effort has already fully funded 2 ATVs and 2 Jet Skis. Will Spiegelman thanked the lifeguards publically in a letter to The Garden Island newspaper for rescuing his boat. The Chief also briefed the Commission on Operations Calls, the frontline Apparatus report and the activities of the various Bureaus. ■ Budget report as of July 31, 2011 With the start of the new fiscal year, the Administrative Bureau was at Kauai Fire Commission Open Session September 6, 2011 Page 2 SUBJECT DISCUSSION ACTION 14.30% of the budget versus 8.33% of the FY expended due to some of the Department's contracts that had to be encumbered at the start of the fiscal ear. Like last year, there is absolutely no excess in this ear's budget. ■ Monthly Report on Building Permit Information for July, 2011 For commercial permits issued in July, the Department reviewed 23 plans averaging 3 days overall for the review. 14 days was the maximum number of days for a review. The Department reviewed 2 residential plans for July. Ms. Proudfoot moved to receive the Chief's monthly overview, budget and building permit reports. Ms. Kaauwai-Iwamoto seconded the motion. Motion carried 6:0. Communication KFC 2011-20 Communication dated 8/5/11 from Mayor Bernard Carvalho, Jr., to the Kaua'i Fire Commission in response to a Request for Support Regarding the Proposed Maui County Charter Amendments and/or Recommendations Ms. Proudfoot moved to receive the Mayor's communication. Ms.Kaauwai-Iwamoto seconded the motion. Mr. Isobe noted he was present to answer any questions from the Commission with regard to the Mayor's request. Mr. Mukai said there was no question that the Commission supported the Mayor in his efforts and agreed with him. Mr. Mukai wanted to know if the Administration would have any objection to the Commission finding out why the Maui Charter Commission made this request in the first place. Mr. Isobe told Mr. Mukai that there should be no problem with researching the background of the proposed charter amendment. Mr. Isobe explained that the Hawaii Council of Mayors (all 4 Mayors) had taken a position that each jurisdiction should treat their own individual issues as their own individual issues and let the electorate within each jurisdiction make their decision. Ms. Kaauwai-Iwamoto moved to accept Mr. Isobe's verbal report. Mr. Croydon seconded the motion. Motion carried 6:0 Kauai Fire Commission Open Session September 6, 2011 Page 3 SUBJECT DISCUSSION ACTION Motion to receive the Mayor's letter carried 6:0. Business KFC 2011-21 Verbal Update on the Fire Code Amendments by Fire Prevention Captain Daryl Date Captain Date explained the County was in the process of adopting the NFPA 12006 Uniform Fire Code, with local amendments, to become Kaua'i's Fire Code. The first major change would be section 1.12.10, 5.1 which would create an account for the Prevention Bureau to utilize monies collected for permits (i.e.,places of assemblies, occupant loads over 300, temporary structures, tents and canopies, application of flammable finishes,permit for flammable and combustible liquid tank installations and liquefied petroleum gas tank installations) to be used for inspections, training, equipment and supplies. Currently, monies collected for these permits go to the General Fund. Section 1.12.20, 6.5 creates an account for fees collected from individual firework permits, permits for importation of fireworks, and retail and wholesale fireworks licenses. Monies collected for work done in the capacity of a fireworks auditor, as determined by the Hawai'i Revised Statutes §132D-11, would be used for training and supplies. Section 1.14.1.1 creates an account to collect fees for the fire plan reviews conducted for building permits. Section 10.11.1, 2.1 makes it illegal to buy, sell, use, or ignite Aerial Luminary Devices or"sky lanterns"which are uncontrolled open flame devices and shall be deemed a fire hazard. Captain Date explained that bonfires, especially on State beaches, are ille al and fall under the jurisdiction of the DLNR(Department of Land and Kauai Fire Commission Open Session September 6, 2011 Page 4 SUBJECT DISCUSSION ACTION Natural Resources). Currently it is still legal for backyard burning under regulations set by the Department of Health Clean Air Branch. Fires for ceremonial purposes need to go through the proper process of approval through the Fire Department. Section 20.1.4.10.3.1 will require every room that can hold an occupancy of more than 50 people to have an occupant load sign posted near the exit. The current code is very specific on larger facilities but not very specific on smaller facilities. Section 15A-3.2 extends the timeline from 30 days to 90 days in which the Fire Department needs to make a determination on whether a plan will be approved or disapproved. All of the proposed changes have been through legal review and will be submitted to the County Council for first reading on October 5, 2011. The public hearing for the proposed amendments will be at the County Council's next scheduled meeting following the 5th. Chief Westerman further explained that the State Fire Code had been adopted at the State level. The counties can then modify the code by adopting amendments specific to the county's needs. Ms. Proudfoot moved to receive Captain Date's report. Ms. Kaauwai-Iwamoto seconded the motion. Motion carried 6:0 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(Deferred from 81/11 meeting) a. Rule 5-9, Code of Conduct, Kaua'i County Fire Commission, Rules of Kauai Fire Commission Open Session September 6, 2011 Page 5 SUBJECT DISCUSSION ACTION Administrative Practice and Procedure Chair Fuertes said he spoke with Mark Vaught, Chair of the Maui Fire and Public Safety Commission to determine in what capacity they wanted the support of the Kaua'i Commission. Mr. Vaught told Chair Fuertes that at first the Mayor of Maui wanted to relinquish all Commissions but only eliminated the Fire and Public Safety Commission. Mr. Vaught thought it was a political move so the Mayor could hire his own Fire Chief. Chair Fuertes explained to Mr. Vaught that under Kaua'i County's jurisdiction, the Kaua'i Commission could not support Maui's request. Mr. Vaught understood since the Big Island Commission also could not support this request. Mr. Croydon said it takes a charter amendment to eliminate a commission. Chair Fuertes asked Deputy County Attorney Trask to address the issues of powers,privileges and liabilities to the Commission. Executive Deputy County Attorney Trask said that pursuant to the agenda issued for Session September 6, 2011 and with the consent of the Commission, Counsel requested to go into Executive Session for: ES-2 Pursuant to Hawai'i Revised Statutes §§92-4 and 92-5 (a) (4), 92-9 (a) (1-4) (b), the purpose of this executive session is to receive and approve Executive Session minutes and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ■ Executive Session Minutes of August 1, 2011 ES-3 Pursuant to Hawai'i Revised Statutes §§92-4 and 92-5 (a) (4), the ose of this executive session is to consult with the Board's legal Kauai Fire Commission Open Session September 6, 2011 Page 6 SUBJECT DISCUSSION ACTION counsel on issues pertaining to the Board's and the County's powers, duties, privileges, immunities, and/or liabilities with regard to KFC 2011-17 and the request for support from Maui on their Fire Chief's appointment. Discussions held in Executive Session are closed to the public Ms. Proudfoot moved to go into Executive Session at 3:01 p.m. Mr. Croydon seconded the motion. Motion carried 6:0 Return to Open The meeting resumed in Open Session at 3:31 Session p.m. Business KFC 2011-22 Verbal recap of the FRI Conference, Atlanta, from Chair (cont'd) Basilio Fuertes and Chief Westerman Chair Fuertes attended several training sessions which included some directly related to the duties of a Commission. In the training on Leadership and the Role of the Fire Chief, they stated that a candidate or the chief must effectively operate as a member of the executive team, have knowledge of the operational cost model and how to positively impact that budget as well as understand the entire agency budget and the revenue sources. The leader should be politically savvy and be able to see the service relationship between the organization and the public. The Chief should also find someone to mentor and train to take his place and leave a legacy behind. Other suggestions were that a Chief needed to understand human resources issues and training development needs; to attend all the Council meetings and board meetings; and to have a strategic plan. Chair Fuertes also commented that a lot of the Fire Chiefs from the Northeast had to leave the conference early because of the pending hurricane for that area. Chief Westerman stated that the FRI (Fire Rescue International) Conference always put on good educational seminars but some of the sessions were cancelled this year because of the early departures of the Fire Chiefs. With over 100 seminars offered at these conferences, Chief Westerman felt it was Kauai Fire Commission Open Session September 6, 2011 Page 7 SUBJECT DISCUSSION ACTION important to have members of the Commission and from the Department attend the conference so together they could cover a wide variety of subjects. One session was intriguing in the way it was designed. It consisted of a panel of youths from age 12 to 21 and the Chiefs could question them and find out what motivated them towards the field of fire service. The Chief pointed out that with the FRI Conference being international you get a different perspective on how other countries handle disasters. In Norway they put a lot more effort into fire prevention than into operations. In some cultures, it is looked upon as the fault of the person if they had a fire in their house and those communities with pro- active fire education have reduced fire deaths. There was also media training which included Facebook and Twitter and discussions on the broadband initiative which takes cell phone service and provides it to public safety. Ratify Fire Commission actions taken in Executive Session for items: • ES-2: Executive Session Minutes of August 1, 2011 • ES-3: Request from Maui for Support and KFC's Rule 5-9 Ms. Proudfoot moved to ratify the actions taken in Executive Session. Ms. Kaauwai-Iwamoto seconded the motion. Motion carried 6:0 Announcements Next Meeting: Monday, October 3 —2:00 m; Meeting Room 2A/B Adjournment Mr. Simpson moved to adjourn the meeting at 4:00 pm. Mr. Croydon 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. Kauai Fire Commission Open Session September 6, 2011 Page 8