Loading...
HomeMy WebLinkAbout04-06-15 KFC Min Open Session daCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Fire Commission Meeting Date I April 6, 2015 Location Mo'ikeha Building, Meeting Room 2A/213 Start of Meeting: 2:04 p.m. End of Meeting: 3:15 p.m. Present Chair Eugene K. Jimenez; Members: Savita Agarwal, Dan Brown, Jimmy Miranda, Heidy Huddy- Yamamoto Also present First Deputy County Attorney Stephen Hall; Boards & Commissions Office Staff. Support Clerk Mercedes Omo; Fire Department Fire Chief Robert Westerman Excused Vice Chair Bradley Maruyama Absent SUBJECT DISCUSSION ACTION Call To Order Chair Jimenez called the meeting to order at 2:04 p.m. with five (5) members present constituting a quorum. Public Hearing Commissioner Huddy- Yamamoto read into record the Notice of Public on the proposed Hearing for the proposed rule amendments to the Kauai Fire Commission amendments to Rules of Practice and Procedure. Rule 5, Organization The Kauai County Fire Commission will hold a public hearing in Meeting and Policy Rule Room 2A and 213 of the Mo'ikeha Building, located at 4444 Rice Street, 5 -3, Election of Lihu`e, Kauai, Hawaii, on April 6, 2015, at 2:00 p.m. or as soon as possible Chairman and thereafter, for purposes of hearing and receiving public testimony and Vice Chairman; comments from all interested persons regarding the proposed amendments to Rule 5 -6, the Kauai Fire Commission Rules of Practice and Procedure. Commission Meetings, of the Chair Jimenez asked if there was anyone in the public who wished to give Kauai Fire testimony on the proposed rule changes, and hearing none, the public hearing Commission was adjourned. Rules, Practice and Procedure Kauai Fire Commission Regular Open Session April 6, 2015 Page 2 SUBJECT DISCUSSION ACTION Approval of Regular Open Session Minutes of February 2, 2015. Minutes Regular Executive Session Minutes of February 2, 2015. Chair Jimenez called for two motions; one to approve the regular meeting Commissioner Brown moved to approve the minutes and other to approve the executive session meeting minutes of regular open session minutes of February 2, February 2, 2015. 2015. Commissioner Huddy- Yamamoto seconded. Motion carried 5:0 Commissioner Brown moved to approve the executive session minutes of February 2, 2015. Commissioner Huddy- Yamamoto seconded. Motion carried 5:0 Chiefs Monthly 1. Fire Commission monthly reports for the month of February and Reports pertinent updates Chair Jimenez asked Chief Westerman in addition to the February reports, if he was also going to provide the Commission with an update regarding the March monthly reports, since the Commission did not meet in March due to a lack of a quorum. Chief Westerman stated if the rules will allow him to prepare the reports for the month the Commission does not meet, he had no problem preparing the reports; that way the Commission does not have to miss an entire month of reports. Chair Jimenez stated with the approval of the rule change, the Commission would only have to meet eight times a year, which will cause a lapse in between months. Therefore, he feels that the reports for the month the Commission does not meet should be included in the next scheduled meeting, that way the Commission will be kept apprised of what had Kauai Fire Commission Regular Open Session April 6, 2015 Page 3 SUBJECT DISCUSSION ACTION occurred for that month. Chief Westerman stated he would submit the reports on a monthly basis to the Office of Boards and Commissions for distribution to the Commission. Anahola Solar Farm Site Visit Commissioner Huddy- Yamamoto asked how large the site is. Chief Westerman replied there are fifteen thousand solar panels on the site alone and that the developers would have to use a Drone in order to get a birds of eye to inspect the property. He stated with all of the new technology out there, he requested that the Office of the County Attorney do legal research to see if the Department could actually fly a Drone. He commented with all of the search and rescue missions and fire prevention issues the Department has to deal with, it could really put the Drone to good use. Strategic Plan Update Chair Jimenez asked if the tentative deadline for completion is still slated for June 30th to which Chief Westerman replied yes. Special Council Meeting on the Burn Ordinance Commissioner Miranda asked for specifics on the details of the burn ordinance. Chief Westerman explained the no burn ordinance was a measure that was proposed by Councilmember Gary Hooser to prohibit a homeowner from using their chimneys for a length of time. Chair Jimenez asked what was the final outcome of the bill. Chief Westerman stated he is not quite sure, but he thinks the bill was deferred. Fire Investigations Commissioner Brown asked if the Mediterranean Gourmet was formerly known as Charo's Restaurant to which Commissioner Huddy- Yamamoto replied yes. Kauai Fire Commission Regular Open Session April 6, 2015 Page 4 SUBJECT DISCUSSION ACTION Certificate of Occupancy Inspection Chief Westerman stated with the upcoming budget reviews, the Fire Department will be proposing to Council to implement a failure fee that will be passed on to the owner if the building fails the first inspection. He explained the purpose of the failure fee is because there have been many incidents where a contractor would call for an inspection, but when the fire inspectors arrive to do the inspection, they find themselves having to show the contractor how to install the system rather than inspect the system, and they end up having to make a second trip to do the inspection. Chair Jimenez asked what the initial fee is to which Chief Westerman replied the initial fee is part of the Certificate of Occupancy Inspection of which 12% of the initial fee will reflect the failure fee. Chair Jimenez asked if the Department will realize the fee or will it stay in the General Fund to which Chief Westerman replied the Department will retain the fee. Ocean Safety Bureau summary • Tower Closure due to staffing shortfalls Commissioner Huddy- Yamamoto asked if the shortfalls are because of the lack of compensation to which Chief Westerman replied yes, but with the new Bargaining Unit 14, negotiations are in the works to increase the salaries of the lifeguards which he hopes will improve their salary structure. Commissioner Brown commented as the construction industry begins to thrive, a lot of the water safety personnel will start to leave the County because they can make fast money; but as they get older, they will find that Kauai Fire Commission Regular Open Session April 6, 2015 Page 5 SUBJECT DISCUSSION ACTION having a steady income is better than making a quick buck. Commissioner Agarwal asked if the Department considered hiring young adults who are not in the construction field. Chief Westerman replied the Department will hire anyone who is qualified. He stated one of the major struggles is the physical requirements of the job and although some of the applicants may have all of the physical attributes, they sink like lead when it comes to passing the swimming requirements because their bodies are too bulky. Commissioner Brown stated more public relations must be done to help spread the word that the Kauai Firefighters are doing a great job. He shared when he was with the Fire Department he met an ER Doctor who told him if anyone in his family had a heart attack or stroke, he would rather have the firemen get there first before the medical team. He stated there must be a way to encourage all of the firefighters and the ocean safety workers to stay with the Department and take pride in their jobs. Commissioner Agarwal asked if attempts were made to reach out to the high school students who might want to become a lifeguard or firefighter. Chief Westerman replied the Fire Department has always made it a point to attend the Career Day event held at the various schools. Commissioner Brown stated he supports this effort because a lot of the firefighters grew up in the school system and most of the students either knows them or is related to them. Chair Jimenez stated he has always been a proponent of the water safety officers and perhaps the Department could use its marketing plan to address the issue. He stated everyone needs to do what is necessary to instill pride in the water safety officers, and if not by pay, through Kauai Fire Commission Regular Open Session April 6, 2015 Page 6 SUBJECT DISCUSSION ACTION recognition. Commissioner Brown commented with all of the social media out there, perhaps the Department should consider putting a recognition page on Twitter or Facebook. Chief Westerman commented whenever anyone in the Fire Department does something outstanding, he would normally inform Public Information Officer Sarah Blane and she would do a press release. Chair Jimenez inquired about the body that was discovered at the Salt Pond Beach park. Chief Westerman replied he has no other details except that the drowning happened overnight and the person who drowned was a homeless person. With no further questions for the Chief, Chair Jimenez called for a motion Commissioner Miranda moved to receive the to receive the Chief's monthly reports for the month of February. Chief's monthly reports for the month of February. Commissioner Huddy- Yamamoto seconded. Motion carried 5:0 2. Fire Department Fiscal Report as of February 28, 2015. Chief Westerman provided the Commissioners with an overview of the budget report. The Chief's office expenditures through February is at 69 %, Fire Operations at 66.98 %, Fire Prevention at 53.52 %, Fire Training at 59 %, and Ocean Safety Bureau at 59.22 %. The Department's actual expenses is at 65.46 %, money budgeted but not expended at 1.20 %, Budget that should have been spent at 66.67 %. Commissioner Huddy- Yamamoto asked what does encumber mean. Chief Westerman replied funds that have been designated for a specific purpose. For example, the Department has encumbered $480,000 to cover the cost for helicopter maintenance and a pilot contract. Kauai Fire Commission Regular Open Session April 6, 2015 Page 7 SUBJECT DISCUSSION ACTION Commissioner Miranda asked if the cost to put out the recent brush fires was included in the administrative budget to which Chief Westerman replied no, the money will be taken out of the Department's operational budget. Commissioner Miranda asked if it was possible to organize a control burn day for the Po`ipu area. Chief Westerman stated he will be meeting with all of the major landowners in the area to try to encourage them to clean up the area and hopefully he can convince them to organize a control burn day. Commissioner Brown asked if there would be a problem with getting the necessary permits since there is a no burn day law to which Chief Westerman said no. Commissioner Brown commented trying to organize a control burn day might be impossible because all someone has to do is call in and complain that the smoke is bothering them. He noted that problem needs to be resolved first before anything can happen. Chair Jimenez stated he looks forward to the Chief's report after his meeting with the various landowners. With no further questions, Chair Jimenez called for a motion to approve Commissioner Miranda moved to approve the fiscal report for the month of February. KFC's fiscal report as of February 28, 2015. Commissioner Agarwal seconded. Motion carried 5:0 3. Daily Flight Hours and Data Chair Jimenez called for a motion to receive the Daily Flight Hours Report. Commissioner Agarwal moved to receive the report. Commissioner Miranda seconded. Motion carried 5:0 Kauai Fire Commission Regular Open Session April 6, 2015 Page 8 SUBJECT DISCUSSION ACTION Communications Communication dated February 5, 2015, from Jody jeldsen Po`ipu Beach Resort Association Executive Director to Fire Chief Westerman, KFC 2015 -09 thanking the Kauai Fire Department for their k6kua in helping the Commissioner Agarwal moved to received item association with its 4th annual New Year's celebration. KFC 2015 -09. Commissioner Miranda Chair Jimenez called for a motion to receive item KPC 2015 -09. seconded. Motion carried 5:0 Business General discussion on the Fire Department's budget for fiscal year 2016. (On-going KFC 2015 -06 Chief Westerman stated the Fire Department's budget review is set for tomorrow at 9:00 a.m. at the County Council Chambers. He stated for the Fiscal Year 2016 Budget, the Deputy Chief's position will be dollar funded. Because the Department still has the Safer Grant, it is required to keep 136 of the 138 positions on the line staffed. As a result, the Firefighter 3 position (training) will have to be dollar funded because the firefighter will be moved into prevention and the firefighter in prevention will be moved to the line. He stated in the month of June, one more firefighter position will have to be moved out; resulting in two more dollar funded positons on the line. Also, two firefighter positions on the line and two Firefighter 3 positions in the bureaus will also be dollar funded. He stated the changes will result in a shortage of four staff positions in the Department, and to make up for the shortages, the money from the four dollar funded positions will be used to cover the overtime expenses. Other changes include an $8,000.00 reduction in travel; the engines that are currently in the budget will remain even though the engines have expiring leases; the purpose is to extend the leases to the newer vehicles. Chair Jimenez asked percentage wise what is the difference between the 2016 Fiscal Budget and the previous budgets. Chief Westerman stated Kauai Fire Commission Regular Open Session April 6, 2015 Page 9 SUBJECT DISCUSSION ACTION overall the Fire Department is at a 6% increase and the significant of part of the increase was due to salaries. He stated currently the Department's salaries reflect 90% of the Department's budget compared to last year's 89 %. Commissioner Brown asked if the person going into the Deputy Chief's position will be required to serve the minimum 3 years. He stated the reason he asked is because he does not want the person to use the Deputy's position as a stepping stone just to increase their retirement package. Chief Westerman stated the problem lies with the salary inversion; nobody wants to take the positon to retire unless they really want to retire in that position. Chair Jimenez asked if there are prospects for the Deputy Chief's position. Chief Westerman stated because the position will be dollar funded, he would not be looking to fill the position. He shared that there have been on -going discussions about the possibility of relocating the position into an Assistant Chief position, but no decisions have been made. Commissioner Agarwal asked if there are candidates for the Assistant Chief's position. Chief Westerman stated he believes there is a good pool of candidates, but the problem lies with the salary inversion. He stated if they would have left the Salary Commission alone and let all of their hard work stand, there wouldn't be a salary inversion. Chair Jimenez agreed and stated if they left the Salary Commission's recommendation alone there wouldn't be an inversion. Commissioner Agarwal asked who he is referring to as they. Chair Jimenez explained the previous Salary Commission procured services to conduct a study on the annual salaries of certain county officers and employees which resulted in a recommendation to set the salaries up to 5 to Kauai Fire Commission Regular Open Session April 6, 2015 Page 10 SUBJECT DISCUSSION ACTION 10 years. He stated if the Administration had supported the recommendation, the County would not be having a problem with the salary inversion. He stated as it stands now, none of the department heads has had pay raises in four years and the EM's are making more money than their res ective department heads. KFC 2015 -07 Discussion on tentative timetable for Phase H of the Kauai Department's Strategic Plan (On --oin Chair Jimenez stated it appears that everything is going according to plan and the Strategic Plan should be completed by June 30, 2015, or soon thereafter. KFC 2015 -08 Report of the Legislative Bills dated march 17, 2015. Chief Westerman stated it's very encouraging to hear that Bill No. SCR6, relating to authorizing the formation of a Task Force to study the issue of a cancer presumptive statute relating to firefighters, is moving forward in the legislature. Chair Jimenez encouraged his fellow Commissioners to take a look at the list of legislative bills, and if they see anything of interest and would like to get more information on a specific bill, to contact Ms. Eve Domingcil at the Fire Department for more information. Commissioner Agarwal inquired about House Bill 321, relating to medical marijuana. Chief Westerman stated the way the bill was written could potentially become an issue for the Fire Department. For example, if an employee decides to use marijuana on their days off and comes back to work four days later and test positive for marijuana use; the bill implies although the employee used marijuana prior, the employee is not actively under the influence upon their return to work, and therefore it should not Kauai Fire Commission Regular Open Session April 6, 2015 Page 11 SUBJECT DISCUSSION ACTION affect their job performance. Announcements Next meeting, Monday, May 4, 2015 — 2:00 p.m., Mo'ikeha Building, Meeting Rom 2A/2B. Executive Chair Jimenez stated at this time he would like to call upon First Deputy Session County Attorney Hall to read the Hawaii Revised Statutes to take the meeting into Executive Session. Pursuant to the Hawaii Revised Statutes §92 -7 (a), the Commission ma, when deemed necessary, hold an Executive Session on any agenda item without written public notice if the Executive Session was not anticipated in advance. Any such Executive Session shall be held pursuant to H.R.S. §92 -4 and §92 -9 and shall be limited to those items described in H.R.S. §92 -5 (a). Discussion held in Executive Session are closed to the public. Attorney Hall stated based on his discussion with Commissioner Brown the purpose for this Executive Session relates to H.R.S. §92 -5 (a) (2) (4), to consider the hire, evaluation, dismissal, or discipline of an officer or employee of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall Commissioner Miranda moved to take the be held. And to consult with the Commission's attorney on questions and Commission into Executive Session. issues pertaining to the Commission's and the County's powers, duties, Commissioner Huddy- Yamamoto seconded the privileges, immunities, and liabilities. motion. Motion carried 5:0 Chair Jimenez called for a motion to enter into Executive Session. At 3:10 p.m. the Commission entered in Executive Session. Return to Open At 3:15 p.m. the Commission reconvened. Session Adjournment At 3:15 p.m. Chair Jimenez declared the meeting Kauai Fire Commission Regular Open Session April 6, 2015 Page 12 SUBJECT DISCUSSION ACTION adj ourned. Submitted by: Mercedes Omo, Staff Support Clerk (X) Approved as circulated on: June 1, 2015 ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: Eugene K. Jimenez, Chair