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HomeMy WebLinkAbout2019-12-11 Fire Commission Regular MinutesHAWAII FIRE COMMISSION REGULAR SESSION MINUTES DECEMBER 11, 2019 WEST HAWAII CIVIC CENTER KAILUA-KONA, HAWAII CALL TO ORDER/ROLL CALL Chair Henkel called the meeting to order at 9:07 a.m. Present: Gregory Henkel, Chair Ralph Yawata, Vice Chair Kyle Keamo, Commissioner Donna Payesko, Commissioner Marcella St. Ambrogio, Commissioner Robert Yamada, Commissioner A quorum was present Also present: Darren Rosario, Fire Chief Deputy Corporation Counsel Craig Masuda Josie Pelayo, Secretary 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) 3. APPROVAL OF MINUTES OF NOVEMBER 13, 2019 Commissioner Yamada motioned to approve the minutes with a correction under the Chair's report that Chair Henkel is moving from District 5 to District 4. Vice Chair Yawata seconded, and it carried unanimously. 4. NEW BUSINESS A. FIRE CHIEF'S REPORT (Chief Rosario highlighted items from his written report.) • Budget and Finance ➢ 2019/20: They received 25% of their total allotment for overtime. Having taken out overtime has not changed their operations. Non -EMS off-duty training has come to a standstill. Some things such as dive training, continues because it has to be done during on -duty. All other parts of the budget is on track. Their overtime budget was cut significantly, but a lot of their overtime is contractual. Each fire personnel is allotted $1,000 for overtime. Regarding Mauna Kea, when the mayor said there would be no arrests, he pulled all fire personnel from the mountain. The State did reimburse the County for their share of the overtime. Overtime is not reflected in the expenditure report because the Council took out that line item. Overtime is just under $5 million. Commissioner Yamada stated that he wants to get some understanding as to what the overtime is. He wants to know the department's basis for Hawaii Fire Commission Regular Session Minutes December 11, 2019 Page 2 coming up with the numbers, not details, but in general how the determination is made. Chief Rosario stated that Accountant Melanio Lorenzo accounts for the rank for rank overtime, holiday pay, and historical actuals from previous years. However, this year $500,000 was put in to meet the overtime. Last year it was reduced by about $400,000. Commissioner Yamada stated that the numbers used for overtime is based on what happened in the past, and that number was reduced by the Finance Director which is out of their control. Chair Henkel asked what happens if there is a disaster and they run out of funds. Chief Rosario stated that they would request funding from the County's emergency funds. Last year, the Finance Director move funds when they were short. FEMA reimbursements could take 3-5 years. They could go to the Council, but the Finance Director has always given them the funds. (Commissioner St. Ambrogio arrived at 9:24 a.m.) ➢ FY 2020/2021: Chief Rosario reported that they were instructed to submit three budgets: status quo, 5% reduction, and 8% reduction. They only submitted a status quo budget. None of their supplemental budgets were approved. They have been wanting to bring the Ocean View station up to standards. They did not get any cuts to their budget which is a win. Alternative Funding and Grants ➢ Daniel R. Sayre Memorial Foundation Funding Assistance: Thanks to the help of BC William Bergen, a new off-road tanker worth $400,000 is being funded by an anonymous donor. It is being built on the mainland and will take about 8-12 months. They received their first batch of 2019 donations. They are working with the Council to accept all the newly donated equipment. BC Kim is working to purchase other equipment through the foundation. ➢ USDA USFS Wildland Grant: This is a $50,000 grant with County match earmarked for training and equipment. ➢ USFA FEMA Assistance to Firefighters Grant: The grant committee is reviewing 2020 projects for application submittal. • Human Resources Division: Chief Rosario requested an executive session to talk about personnel matters. ➢ Classification: One Fire/EMS Specialist I was reinstated to firefighter. Water Safety Officer I I positions were temporarily reallocation to WSO 1. Hawaii Fire Commission Regular Session Minutes December 11, 2019 Page 3 ➢ Recruitments: There were two fire captain promotions in Emergency Operations and two promotions for fire equipment operator. ➢ Internal Recruitment with the County: They received approval for a temporary Accountant I to handle all EMS fiscal matters. Emergency Operations Division ➢ AC -1: AC Okinaka attended a First Net Coverage study meeting at HPD. During a time of national disasters, everyone on First Net gets priority to phone calls. This is through ATT and is limited to first responders such as fire and police. Hawaii was selected as a startup. They participated in a radio system TRIC Package exercise in Waipi`o Valley to find better communication capabilities for areas with limited radio coverage. Attended demo by Company 1 covering Fire Attack Strategies and Tactics. The Personnel Accountability System (PAS) and Personnel Accountability Repot (PAR) SOPs are about ready for roll-out. They coordinated a Breast Cancer Awareness Duty T-shirt Fundraiser. ➢ Battalion 1, East Hawaii: They had a lot of search and rescues, some of which involved extended days. They had numerous structure fires. A mechanical equipment fire at a business in the Shipman Industrial area was due to high fuel load of recyclables. A private hydrant was out of commission. The Prevention Bureau will follow-up to ensure the hydrant is back in service and to inspect the fuel load placement. They do monthly fire hydrant checks. They also check areas on catchment tanks such as the Ocean View shopping areas. They had a structure fire in Hilo that involved plantation houses close to each other. A house in the middle caught on fire and houses alongside were damaged. Recruits were brought in to help. It was a hot and humid day, and a firefighter was taken to the hospital for dehydration. Commissioner Ambrogio asked if there was a program that reminds managers and landlords about fire hazards of brush around their property. Chief Rosario stated that they work on education. They provide owners with notification of what needs to be done to prevent fires. If they get non- compliance, the County could do the cleanup, but then would bill the property owner. ➢ Special Operations ✓ Hazmat: They received approval for updated equipment which are high cost, low use, but they must have for chlorine leaks. Their chlorine containment vessel was sent in for re -certification. ✓ Ocean Safety: The Spencer lifeguard tower, which is low use, was moved to Kua Bay which is used daily. They are working on an RFP for replacement tower. Hawaii Fire Commission Regular Session Minutes December 11, 2019 Page 4 ✓ Rescue: Completed installation of plastic fuel cells to replace existing tanks on Rescue Boat 2. The boat is usually used for dive recovery. Support Services ➢ Training: The 47t" and 48t" recruit classes are ongoing at different levels of training. The 49th recruit class is expected to start in February. ➢ Volunteer Training: They conducted two driver audits for new drivers. ➢ EMS Bureau: They participated in multi -agency (HPD and HFD) active shooter training. They are conducting Hands Only CPR/AED/opioid/vaping training at high schools around the island. ➢ Prevention Bureau: The bureau continues with its 24-hour schedule. Their Smoke Alarm Program is running with assistance from the Red Cross. ➢ Auxiliary Services: The Warehouse Re -Organization Project continues. The Active 911 Project continues to have issues. The maintenance shop had 58 repairs/services. Employee/Public Relations: Tonight, HFD and Civil Defense will host the County Building Christmas Magic of the Season with music and refreshments. Commissioner Yamada asked the Chief to incorporate the letters of commendation into this monthly report. Commissioner St. Ambrogio stated that the Police Department has an officer of the month and officer of the year. It would be nice to hear about the Fire Department and their response to incidents, especially response time. Chief Rosario stated that they are involved in the organizations that HPD participates in, but they only do Officer of the Year, not monthly. They are very appreciative of those organizations. B. SELECTION OF CHAIR & VICE CHAIR OF THE FIRE COMMISSION FOR 2019: Chair Henkel stated that it has been honor to serve as Chair the past year. He nominated Robert Yamada as Chair. Commissioner St. Ambrogio seconded, and it carried unanimously. Chair Henkel nominated Commissioner Keamo as Vice Chair. Vice Chair Yawata seconded, and it carried unanimously. C. CONSIDERATION OF COMPLAINTS Complaint HCFC 19-01: Complaint received by the commission's office on 10/15/19 for an alleged misconduct incident dated 2/8/18. Pursuant to Commission Rule 8, complaints must be received by the commission not more than 60 days from the date of the incident. A request for consideration for an exception to this rule must be in writing with explanation for the delay. Commission to consider complainant's request for an "exemption to the 60 -day rule." Hawaii Fire Commission Regular Session Minutes December 11, 2019 Page 5 Deputy Corporation Counsel Masuda stated that the issue is whether the commission will allow hearing it after the 60 -day deadline. He read excerpts from Rule 9 ... "the Commission may allow the filing of a complaint after the sixty-day period for the following reasons: a. Excusable neglect. b. Newly discovered evidence, which by reasonable diligence, could not have been discovered in time." Both Commissioners Henkel and Yamada said they wanted to hear from the complainants. Wayne Cummins and his wife Mia Pia -Cummins came before the commission and swore to tell the truth. Chair Henkel asked if there was excusable neglect or newly discovered evidence. Mr. Cummins stated that there was newly discovered evidence. He sent a complaint to the Chief. He sent a letter requesting a review of his actions and demeanor. When he followed up, he was told that a letter was sent to him a year ago. The fire truck was not on a test drive. Mr. Masuda stated that they only want to know the reason for the late filing. Mrs. Cummins stated that the picture they submitted was only sent to them recently. They are finalizing their case. July 12 was closing of the hearing. Mr. Cummins stated that they didn't know who the driver was until earlier in the year. Mrs. Cummins stated that they never received the letter when it was sent. They only received an email copy sometime last year. The final award was made and finalized in December. Commissioner Yamada stated that it seemed okay to him that the commission should hear this incident and set aside that 60 -day rule that caused the delay. Commissioner Payesko agreed that it fell within the rule of excusable neglect and newly discovered evidence. Mrs. Cummins stated that this was a sheltered gag order. Commissioner Yamada motioned that they accept the complaint for investigation due to excusable neglect and newly discovered evidence. Commissioner Payesko seconded, and it carried unanimously. Hawaii Fire Commission Regular Session Minutes December 11, 2019 Page 6 Complaint HCFC 19-02: Complaint received by the commission's office on 10/15/19 for an alleged misconduct incident dated 6/26/18. Pursuant to Commission Rule 8, complaints must be received by the commission not more than 60 days from the date of the incident. A request for consideration for an exception to this rule must be in writing with explanation for the delay. Commission to consider complainant's request for an "exemption to the 60 -day rule." Commissioner Yamada stated that this seems like a civil matter. Ms. Cummins stated that they didn't want to put oil on the fire with going after one of the people who were part of that arbitration issue. They didn't want to make things worse. Chair Henkel asked if the incident had been resolved. Mrs. Cummins stated, "No." They called the police for their protection. It's frightening to have a fire fighterjump in front of your truck. Commissioner Yamada stated that his actions were that of a private citizen. This should not come up for the commission to hear. Commissioner Payesko stated that they should decide whether or not to hear the complaint. Chair Henkel asked if there was excusable neglect or new evidence. Commissioner Payesko asked if the actions of the firefighter was part of the litigation that they couldn't talk about. Mr. and Mrs. Cummins stated, "Yes." Chair Henkel stated that this incident was in July, so it was not part of the litigation. Commissioner Payesko stated that their duty is to give their reasons for filing the complaint late. They gave their reasons. Commissioner Yamada motioned that they have not met the two requirements of A and B, excusable neglect and newly discovered evidence. He doesn't think they should hear that particular case and it be denied. Chair Henkel seconded. Hawaii Fire Commission Regular Session Minutes December 11, 2019 Page 7 Discussion: Commissioner Keamo stated, "Your reason is there is no new evidence?" Roll call vote to deny the complaint: Yes: Henkel, Yamada, Yawata, St. Ambrogio. No: Payesko, Keamo A concurring vote of 5 was needed to carry the motion. No motion was made to accept the complaint. Chair Henkel stated that they will hear the first complaint, HCFC 19-01. They will not hear the second complaint, HCFC 19-02. Complaint HCPC 19-01 will be heard at the next meeting on January 8, 2020, in Hilo, in the Aupuni Center Conference Room. D. EXECUTIVE SESSION (Closed to the public.) Commissioner Yamada motioned to meet in executive session to work on the Fire Chief's annual evaluation and may consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92-5 (a) (2), (4), 6 and the Hawaii County Charter Section 13-20 (b) and to discuss confidential personnel matters. Commissioner St. Ambrogio seconded. Executive session convened at 10:58 a.m. Regular session reconvened at 11:59 p.m. 5. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION (No report.) 6. ANNOUNCEMENTS Chair Henkel announced that the commission's next monthly meeting is scheduled for January 8, 2020, at 9:00 a.m., in the Puna Conference Room, Hawaii County Building, 25 Aupuni Street, Suite 1501, Hilo, Hawaii. 7. ADJOURNMENT The meeting was adjourned at 12:00 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: GREGORY HENKEL, CHAIR