HomeMy WebLinkAbout061812_CCC Minutes_APPROVED1m (tt) COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Committee: COST CONTROL COMMISSION Meeting Date I June 18, 2012
Location Mo'ikeha Building—Liquor Conference Room 3 Start of Meeting: 1:36 p.m. End of Meeting: 2:35 p.m.
Present Chair Dirk Apao; Vice-Chair Lawrence Chaffin Jr. ; Members: Arryl Kaneshiro, Sandi Sterker, and Glen Takenouchi
Also Deputy County Attorney Mona Clark; Boards & Commissions Office Staff: Support Clerk Mercedes Youn; Administrator Paula
Morikami; Administrative Aide Teresa Tamura; Human Resources Taskforce Members: Janine Rapozo and John Isobe; Deputy
Finance Director Sally Motta; and Real Property Appraisal Officer Steven Hunt.
Excused Commissioner Laurie Yoshida
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Apao called the meeting to order at 1:36
p.m.
Approval of Regular Open Session Minutes of May 14, 2012
Minutes
Mr. Chaffin requested that a correction be made on page eleven (11)
second paragraph to reflect that Ms. Sterker meant that the property is
uninhabitable instead of inhabitable.
Ms. Sterker moved to approve the minutes as
With no further discussion, Chair Apao called for the motion. amended. Mr. Takenouchi seconded the motion.
Motion carried 5:0
Communications CCC 2012-08 Communication dated 03/13/12 from Chair Dirk Apao and
Commission Members, to Janine Rapozo Human Resources Taskforce,
requesting a representative from the taskforce be present at the April 9,
2012 meeting to provide an update on the progress_ generated by the
taskforce. (Deferred on 04/09/12)
Mr. Chaffin moved to receive the
Chair Apao called for the motion to receive item CCC 2012-08. communication. Mr. Takenouchi seconded the
motion.
Motion carried 5:0
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Regular Open Session
June 18, 2012 Page 2
SUBJECT DISCUSSION ACTION
(a) Communication dated 06/04/12 from Mayor Bernard P. Carvalho
Jr., to Chair Dirk Apao and Commission Members, regarding_
Human Resources Taskforce Report &Addendum
Recommendations.
Chair Apao called for the motion to receive item CCC 2012-08 (a). Ms. Sterker moved to receive the
communication. Mr. Chaffin seconded the
motion.
Motion carried 5:0
Mr. John Isobe a member of the Human Resources Taskforce, along with
Janine Rapozo, Risk Management Administrator was present to provide
the Commission with an update relating to the Human Resources
Taskforce Report on the Findings and Recommendations dated May 2012.
Ms. Sterker thanked the Taskforce for providing the Commission with a
report on the findings and recommendations. She asked whether the
people that are being transferred to the new Human Resources Department
are the same people but moving into a different capacity.
Mr. Isobe explained, the personnel that are currently in the Department of
Personnel would remain in the department and that the personnel from the
other departments would be transferred over into the newly formed
Human Resources Department including the positions that are currently
vacant that is now in the process of being filled.
Ms. Sterker asked whether the people who are currently in the Personnel
Department are qualified Human Resources personnel.
Mr. Isobe stated that from the perspective of them performing their current
responsibilities, he felt that they were all qualified to carry forward their
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Regular Open Session
June 18, 2012 Page 3
SUBJECT DISCUSSION ACTION
current position as well as focus on other specific areas.
Ms. Sterker asked will the new personnel who are being transferred have to
receive additional training in order for them to be able to perform their new
duties and responsibilities.
Ms. Rapozo explained that the Taskforce had looked at all of the positions
that are currently in the department as well as those who would be
transferred from the other departments. The Taskforce felt that they all
met the minimum qualifications and would be recommending additional
training moving forward.
Chair Apao asked the Taskforce to explain Attachment(H)that relates to
the Restructured Department of Personnel Services Comparison of All
Costs specifically the Net Effect of Restructuring. Ms. Rapozo explained
that although the Personnel Services annual budget had doubled, all of the
funding has already been appropriated in the other departments.
Chair Apao noted that the report shows a savings of$36,377.
Mr. Chaffin voiced his concerns on justifying the doubling in cost for the
restructuring. Ms. Sterker stated that the reason for the increase is due to
the transferring of personnel from the other departments. Mr. Chaffin
again noted that the overall budget slated for fiscal year 2013 has doubled
from what it was in 2012.
Ms. Rapozo explained that although the cost has doubled, so has the
personnel within the department from nine to eighteen positions, noting
that Council had moved one of the positions back into the Mayor's office.
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SUBJECT DISCUSSION ACTION
Mr. Chaffin asked how many out of the seventeen(17)positions would
come from existing departments. Ms. Rapozo replied that all seventeen
(17)positions. Mr. Chaffin expressed his concerns that in the original
budget for FY 2012 showed$1,202, 373, adding that the total to FY 2013
amounts to $2,410, 999 which is a difference of million dollars.
Ms. Rapozo explained the already appropriated funds were shifted from
the other departments into the Department of Personnel Services.
Ms. Sterker asked for the definitions for following the abbreviations that
were indicated in the report:
ERS—Employee Retirement System
EAP- Employee Assistance Program
TDI - Temporary Disability Insurance
FMLA—Family Medical Leave Act
COBRA—Consolidated Omnibus Reconciliation Act
FLSA—Fair Labor Standards Act
SAP— Substance Abuse Program
Mr. Chaffin asked what the definition of a private secretary is. Ms.
Rapozo explained that a private secretary is an exempt position which also
qualifies for retirement. The classification term is used by the civil service
system. She further explained that private secretary duties are confidential
in nature and serves at the pleasure of the Director.
Mr. Chaffin asked whether any individual in the County can be randomly
picked and be required to do substance abuse testing. In his experience, it
would be required for all employees across the board and not just for
certain employees.
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SUBJECT DISCUSSION ACTION
Ms. Rapozo explained that the drug and alcohol testing is governed by
each collective bargaining agreement. For example, a person with a
commercial driver license whose job is to operate a large vehicle would be
required by federal law to participate in a random drug and alcohol testing
program. She noted that if there is reasonable suspicion by a particular
department, as well as post accident testing, there are specific requirements
under the federal law.
Ms. Rapozo stated that certain classifications of employees that are under
HGEA Union (Hawaii Government Employee Association), for example
lifeguards and vehicle drivers are subject to random drug and alcohol
testing while other positions such as staff member in a department are not.
Ms. Rapozo stated that employees under the UPW Union(United Public
Workers) are subject to a drug and alcohol testing program, which was
recently adopted.
Mr. Chaffin asked what does an Equipment Operator Trainer do and
whether that position is considered full-time. Ms. Rapozo explained that
the position is a full-time position which is currently housed in the
Department of Public Works. Ms. Rapozo further explained that the
Equipment Operator Trainer does all of the training for the public works
employees who operate heavy equipment.
Ms. Sterker reiterated that the ADA (American Disabilities Act)
Coordinator would not be part of the newly formed Human Resources
Department. Ms. Rapozo stated that the position would remain in the
Mayor's office.
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SUBJECT DISCUSSION ACTION
Ms. Sterker asked whether all of the 1200 civil service positions are under
collective bargaining. Ms. Rapozo replied that not all positions are under
collective bargaining and guessed that 75% is under civil service.
Chair Apao asked whether the County Council has been involved in the
process from the beginning. He noted that the report does not indicate that
and asked whether there was any dialogue between the Taskforce and the
County Council.
Mr. Isobe explained that the Taskforce has provided the County Council
with its findings and recommendations. In addition, the Taskforce have
answered Council's questions during the budget process. He further
explained that the Taskforce have kept in contact with the Council's Staff
representative although they were not a part of the Taskforce.
Ms. Sterker asked to elaborate more on the payroll function specifically,
the technology upgrades that are being considered by the Department of
Finance. Ms. Rapozo stated that after review of the payroll function, the
Taskforce found that there were definitively some Human Resources
functions within it and decisions had to be made on whether to transfer the
payroll function into the Department of Personnel. However, at this time
the Taskforce felt that it would be too large of an undertaking and decided
that they would re-visit that issue in the near future.
Chair Apao questioned whether the funds appropriated for the trainings in
2012 would be transferred over to the 2013 budget since the positions are
being transferred into the new Human Resources Department. Ms. Rapozo
replied yes, and noted that the funds have increased from $70,000 to
$72,000. She also indicated that when the County Council moved the
ADA position back into the Mayor's office they also allocated$10,000
back into the Mayor's budget for the ADA training budget.
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June 18, 2012 Page 7
SUBJECT DISCUSSION ACTION
The Commission showed their appreciation to the Taskforce for their
exceptional work. Mr. Isobe also expressed on behalf of the Taskforce his
appreciation to the Cost Control Commission for being an integral part of
the process from the beginning which began as a recommendation.
CCC 2012-09 Communication dated 05/01/12 from Council Chair Jay
Furfaro to Chair Dirk Apao and Commission Members, concerns re ag riling
the reorganization of the Department of Personnel Services to a Human
Resources Department.
In response to Council Chair Furfaro's concerns regarding the
Reorganization of the Department of Personnel Services to a Human
Resources Department, Ms. Sterker felt that no response was necessary and
suggested that the Commission keep it as reference/guideline.
Mr. Chaffin felt that out of common courtesy, the Commission should
respond. Ms. Sterker noted that Chair Furfaro already knew that the
Commission had received his communication and felt that no action is
required at this time other than to accept the communication. Chair Apao
agreed.
Chair Apao called for the motion to receive item CCC 2012-09.
Ms. Sterker moved to receive the
communication. Mr. Chaffin seconded the
motion.
Motion carried 5:0
Business CCC 2011-08 Review and discussion of the County's real property tax
exemptions and rate setting. (On-going)
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SUBJECT DISCUSSION ACTION
(t) Confidential opinion dated 05/14/12 from First Deputy County
Attorney Amy Esaki to Chair Dirk Apao and Commission Members,
regarding Real Property Tax Division dishonored check fee.
Chair Apao called for the motion to waive the Commissions rights to Ms. Sterker moved that the Cost Control
confidentiality and allow the opinion to be publicly released. Commission waive its rights to confidentiality
and allow for the opinion to be publicly released.
Mr. Chaffin seconded the motion.
Motion carried 5:0
Ms. Sterker expressed her dismay with the $7.50 dishonored check fee and
asked when the fee was first implemented. Ms. Sterker suggested that the
Commission consider a recommendation to raise the dishonored check fee
for the County.
Staff noted that at the last meeting it was discussed that a change would
affect all of the departments throughout the County and that the proper
procedures must be taken in order to change the service charge fee.
Ms. Sterker agreed, and asked whether the change would have to be in a
form of an Ordinance or does the public have to vote to approve the
increase.
Ms. Clark stated that the description is indicated in Section 6-5.1 Service
Charge Assessed of the Kauai County Code, which means that the Council
would have to change it.
Ms. Sterker suggested that the Commission make a request to the Mayor
on its recommendation for an increase for the Dishonored Check Fee.
Also, that it is drafted in ordinance form for its introduction through him to
the County Council.
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June 18, 2012 Page 9
SUBJECT DISCUSSION ACTION
Ms. Sterker felt that the fee should be a flat rate of$30.00.
Chair Apao noted that some fees run anywhere from $30.00 to $40.00.
Ms. Sterker stated that the State Statue allows for a fee of not more than
$30.00.
Mr. Chaffin suggested that the language reads as "in conformance with the
State Statue, which allows for a fee of not more than $30.00, however
should the fee increase, the charges for Dishonored Checks for the County
shall follow".
Chair Apao asked if anyone knows what the banks are charging. Ms.
Sterker stated the banks charges anywhere from $25.00 to $30.00. Chair
Apao stated that it would make sense to cover all of the banking costs.
Ms. Sterker stated that because the State Statue does not allow a fee of
more than $30.00, she suggested the Commission recommend a County
wide flat fee of$30.00. Chair Apao asked whether the Commission should
do some background research first.
Ms. Clark stated that the Commission can recommend for the maximum
allowable by State law. Mr. Chaffin agreed. Ms. Sterker moved that the Cost Control
Commission forward its recommendation to the
Chair Apao called for the motion. Mayor to be drafted in ordinance form to
increase the Service Charge fee for dishonored
checks to the current $30.00 as the maximum
allowable by the State, and that should the
maximum allowable by the State increase, the
County's fee be adjusted in accordance. Mr.
Chaffin seconded the motion.
Motion carried 5:0
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June 18, 2012 Page 10
SUBJECT DISCUSSION ACTION
Staff was instructed to draft the recommendation in ordinance form for
review and possible approval at the July 9, 2012 meeting.
(u) Communication dated 05/15/12 from Chair Dirk Apao to Director of
Finance Wallace Rezentes Jr., request for information regarding the cost
approximation for County Assessments.
Chair Apao called for the motion to receive item CCC 2011-08 (u) Ms. Sterker moved to receive the
communication. Mr. Takenouchi seconded the
motion.
Motion carried 5:0
(v) Communication dated 06/05/12 from Wallace Rezentes Jr., to Chair
Apao, responding to a communication dated 05/15/12 from the Cost
Control Commission, request for information regarding minimum tax.
Chair Apao called for the motion to receive item CCC 2011-08 (v) Ms. Sterker moved to receive the
communication. Mr. Takenouchi seconded the
motion.
Motion carried 5:0
Deputy Finance Director Sally Motta, along with Real Property Appraisal
Officer Steve Hunt,provided additional information to the Commission.
Ms. Sterker stated that based on the Mayor's supplemental budget for the
Assessment and Collection Department, the average cost to the County to
both assess and collect taxes on annual bases including all expenses for
both departments' works out to $71.76 per taxable parcel.
Mr. Hunt explained that the costs essentially relates to the operating budget
and annual operating budget for the Real Property Assessment Office and
the Real Property Collections Office. Mr. Hunt included that the costs
does not include the support services that his department receives from the
County Attorney's Office, Deputy Director of Finance, and any other
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Regular Open Session
June 18, 2012 Page 11
SUBJECT DISCUSSION ACTION
involvement from the outside; it is strictly budgeted for the assessments
and collections.
Ms. Sterker noted if it had to go to collections, the costs are not reflected in
the information that Mr. Hunt has provided. Mr. Hunt explained that there
are two (2) functions that involve the collection process: 1) assessing
values; and 2) collecting. However, beyond that there are budgeted
amounts that involve going into an auction and title searches which are
exclusive.
Chair Apao indicated that it is the Commissions intention to make a
recommendation to increase the County's real property minimum tax and
that the Commission just needs to agree on the amount.
Mr. Hunt indicated that just recently, Maui County has increased its real
property minimum tax exemption from $150.00 to $250.00 for fiscal year
2013. Oahu still remains the same at$300.00 and Hawaii County has a
tiered system and most taxpayers pay the minimum tax exemption of
$100.00 however, that amount can go as low as $25.00 based on the
property value.
Ms. Sterker felt that if the Commission decides to make a recommendation
to increase the minimum real property tax exemption from $25.00 to
$100.00 that increase would not be out of line.
Mr. Chaffin asked if there was a way of relating an ordinance to the
maximum of the highest county or whatever is reasonable. Mr. Hunt felt
that the rate of$100.00 should(at least)be the lowest for Kauai. When
compared to the Big Island, it has more properties and ways to spread it
amongst its taxpayers. Mr. Hunt stated that he can understand why the Big
Island wants to be the lowest because they also have some the lowest land
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SUBJECT DISCUSSION ACTION
values and areas that are not really supported because some of the land is
located in areas that are hard to reach.
Mr. Hunt stated that the reason Kauai is second to the lowest is because its
level of service is spread amongst fewer parcels. He felt that Kauai needs
to a higher step-up.
Chair Apao stated that the Hawaiian Homes has a seven(7) year step-up
where they don't pay taxes until after the 7th year. Chair Apao stated that
if the Commission decides to increase the minimum tax of$150.00, the
Hawaiian Homes exemption would increase to $150.00. Mr. Hunt said
yes, he explained that when the taxpayer pulls a permit for a completion of
a home that process starts the seven(7) year period. Mr. Hunt asked if the
Hawaiian Homes are still paying for trash pick-up services. Mr. Hunt said
yes, they are being billed.
Mr. Takenouchi asked for the amount of parcels in comparison to Maui
that Kauai has. Mr. Hunt said that Kauai has taxable parcels of 34,172.
He believes that Maui County has over 11,000 taxable parcels. The Big
Island over a 100,000 taxable parcels and Oahu has been primarily
condominiumized.
Ms. Sterker noted that she would like to make a recommendation to
increase the minimum real property tax exemption to $150.00.
Mr. Kaneshiro questioned whether there was a way to review the minimum
real property tax exemption every few years. Ms. Sterker agreed that it
should be reviewed every few years however, it is not for this Commission
to decide but either the Mayor or the County Council. Mr. Kaneshiro
explained the reason why he inquired is because the County has not
reviewed its minimum property tax exemption since the early eighties.
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SUBJECT DISCUSSION ACTION
He indicated that by reviewing the tax exemption once every few years, the
public would not be burdened with the increase if any.
Ms. Sterker suggested that the Commission make a recommendation to
increase the County's minimum real property tax exemption from $25.00
to $150.00 and that the Commission review the exemption in five (5)
years.
Mr. Hunt stated that the only concern he had was for the people that are on
a fixed income and how it would affect them. Mr. Hunt stated that he did
some research to find out when the minimum tax of$25.00 was first
implemented he found that it was between years 1975 -1976. If you take
what the Social Security Administration COLA (Cost of Living
Adjustments)preconceive back then to current, the $25.00 would
essentially translate to about $103.00 today.
Ms. Sterker asked whether there are places on Kauai that do not have
police or fire services available, with the exception of Kalalau valley.
Mr. Hunt stated that he believes every call which involves the Fire/Police
Department is protected.
Mr. Chaffin indicated that he would not be supporting Ms. Sterker's
motion, he suggested that the minimum tax be increased to $200.00 rather
than$150.00.
Chair Apao disagreed with Mr. Chaffin's recommendation to raise the
amount to $200.00. He indicated that being that there hasn't been a change
for many years, he felt that the $150.00 increase was sufficient at this time.
Mr. Chaffin asked whether the Commission can include in the motion for
the Commission to review the exemption again in three (3) years instead of
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Regular Open Session
June 18, 2012 Page 14
SUBJECT DISCUSSION ACTION
five (5) years. The Commission agreed.
With no further discussion, Chair Apao called for the motion Ms. Sterker made a motion for a
recommendation to increase the County's
minimum real property tax exemption from
$25.00 to $150.00 and that the Commission
reviews the exemption again in three (3) years.
Staff was instructed to draft the recommendations in ordinance form for
review and approval at the July 9th meeting.
Announcements • Next meeting is scheduled for July 9, 2012 at 1:30 p.m. at the
Mo'ikeha Building in the Liquor Conference No. 3.
• Mr. Takenouchi announced that he would not be attending the July
meeting.
• A request was made to invite Economic Development Specialist
Glenn Sato to a future meeting to provide the Commission with a
progress report on the ESCO.
Staff acknowledged the request and would contact Mr. Glenn Sato and
invite him to the July 9th meeting to update the Commission on the Energy
Savings Performance Contract.
Adjournment With no further business to discuss, Chair Apao called for the motion to At 2:35 p.m. Mr. Chaffin moved to adjourn the
adjourn the meeting. meeting. Ms. Sterker seconded the motion.
Motion carried 4:0
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SUBJECT DISCUSSION ACTION
Submitted by: Reviewed and Approved by:
Mercedes Youn, Staff Support Clerk Dirk Apao, Chair
( ) Approved as circulated(add date of meeting approval).
(X) Approved as amended. See minutes of July 09, 2012 meeting.