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HomeMy WebLinkAbout030810_MINUTES_COST_APPROVED COUNTY OF KAUAI Minutes of Meeting REGULAR MEETING —OPEN SESSION Board/Committee: COST CONTROL COMMISSION Meeting Date MARCH 08, 2010 Location Mo'ikeha Building— Liquor Conference Room 3 Start of Session: 1:30 p.m. 7717E—nd of Session: 3:15 p.m. Present Commission Members: Lawrence Chaffin Jr., Chair, Sandi Sterker, Vice-Chair, Dirk Apao, Linda Faye Collins Also, Alfred Castillo, County Attorney, George Costa, Director of Economic Development, John Isobe, Executive Assistant and Boards and Commissions Administrator, Amy Esaki, 1 st Deputy County Attorney, Cyndi Ayonon, Administrative Aide and Mercedes Youn, Staff Excused Commissioner's: Randy Finlay, Michelle Swartman. Absent SUBJECT DISCUSSION ACTION Call To Order The meeting was called to order at 1:30 p.m.by Chair Chaffin. Approval of March 08, 2010 Commissioner Sterker moved to Agenda approve the agenda, seconded by Commissioner Apao and unanimously carried. 4:0 Approval of the Meeting minutes for February 8, 2010. Minutes Commissioner Sterker- noted that on page 3, 5th paragraph of the minutes there was a grammatical error. It should state that"Chair Chaffin stated that he believes that the problem [was]with that some of the former Cost Control Commission members chose to resign because of that one issue. Also on page 5,6th paragraph, it should state that Chair Chaffin questioned if this system is applicable to the 4 or 5 buildings that [are]+s-being discussed. Commissioner Collins— indicated that she would like to have consistency in the spelling of her name. Chair Chaffin—also noted that on page 6, 1 st paragraph of the minutes should state that Councilmember Furfaro's intent was to educate the Commission on the capacities and items that the county has in place over the last few years, and to provide the Commission with a thorough understanding of what they can contribute and how it is being currently managed. Commissioner Collins suggested that any future agenda items or a request for information pertaining to the current agenda items should be indicated in the minutes. Unless, staff prefers that the request be in a form of a motion. Executive Assistant John Isobe stated that the proper procedure to assure that all future items that the Commission desires to be placed on the next agenda should be in a form of a motion, and that Cost Control Commission Regular Meeting—Open Session March 08, 2010 Page 2 SUBJECT DISCUSSION ACTION goes for requests for additional information and/or for an individual to be present at the next meeting. *Staff will follow up by sending a notification to the appropriate department to be present at the next Commission Collins recalls that at the Commissions last meeting; she asked Mr. Isobe, if the county meeting. has a program in place that would properly educate users to utilize electricity to its best advantage. Commissioner Sterker indicated that the intent was to place reminder notices by each light switch and thermostat's within the county facilities, and that a request to educate the users was addressed to Brian Inouye. Commissioner Collins said that from what she understood, Mr. Inouye indicated that it was not their kuleana to educate the users. Commissioner Sterker stated that Mr. Inouye said that it was not their kuleana to monitor the users, but did state that they would educate the users. As part of the discussion, Chair Chaffin stated that from what he understood the Building Division would not monitor the users because it is not part of their responsibility. Mr. Isobe stated that this is clearly an issue that the Commission can recommend as part of its duties, responsibility and authority. Mr. Isobe also indicated that the in its recommendation, the Commission does not necessarily have to specify who should do the monitoring. The recommendation can merely state that the county place signage's near light switches and thermostats within the county facilities. Commissioner Sterker stated that in the minutes of February 8, 2010, Commissioner Collins made a request that the Commission put together a campaign requiring that the users be made aware of their role to conserve energy within the county. Staff indicated that it was a request and no motion was made. Commissioner Collins stated that she would like to make a motion in reference to the request. First Deputy County Attorney Amy Esaki advised Commissioner Collins that the motion should be made under the agenda item Communications ", Response from Mr. Glenn Sato". Chair Chaffin stated that because there are many new Commissioners', this is a good learning experience. Chair Chaffin expressed that he is concerned that this Commission is not just spinning its wheels, and that the Commissions thoughts and desires are being utilized. And every recommendation made by the Commission is being followed through. Commissioner Sterker stated that all formal recommendations that are made by the Commission within the year are submitted as part of the Commissions yearly Annual Report which is due by the end of December and advertised in the Garden Island Newspaper. Cost Control Commission Regular Meeting—Open Session March 08, 2010 Page 3 SUBJECT DISCUSSION ACTION Mr. Isobe indicated that the Commission can make a recommendation at any time, he advised the Commission to review the previous Annual Reports and use it as a guideline in terms of making recommendations that the Commission would like the county to incorporate into their policy making. After the recommendations are completed it then complied making easier for the Commission to do a follow up check on its recommendations. Chair Chaffin stated that in his interpretation any or all recommendations should be reflected in each meeting minutes, making it easier to reference to as the Commission gets ready to do their yearly Annual Report. Mr. Isobe suggested that the Commission periodically make its recommendations, and at the end of the year we consolidate all the recommendations into an Annual Report. Chair Chaffin suggested that all recommendations that are made by the Commission be reflected in the minutes and indicated on the outside of the folder. Being that there is no further discussion, Chair Chaffin called for the motion to approve the minutes of February 8, 2010, as amended. Commissioner Sterker moved to approve the minutes as amended, seconded by Commissioner Collins and unanimously carried. 4:0 Chair's Report Referring to the Board of Ethics ongoing deliberations regarding Section 20.02D. Chair Chaffin encouraged the county to resolve this issue as soon as possible. As it may affect some of the Commission serving on this Board. First Deputy County Attorney Amy Esaki advised Chair Chaffin that he can only discuss items that are listed on the agenda and if he wishes to have an item place on the agenda, he can work with staff in getting the item place on the next agenda. Commissioner Collins asked with the Sunshine Law, how one gets an item placed on the agenda. First Deputy County Attorney Amy Esaki stated that members would make the request with the Chair and he will then work with the staff. Cost Control Commission Regular Meeting—Open Session March 08, 2010 Page 4 SUBJECT DISCUSSION ACTION Mr. Isobe stated that a member can make a request at the meeting for an item to be placed on the next Commission agenda. However, you cannot deliberate on that item until such time when the item is formally placed on the agenda. Commissioner Collins asked if the agenda's were standardized. Mr. Isobe stated that we could place on the agenda a heading for Items for discussion as a standing item. Chair Chaffin suggested that the Commission keep notes on specific items that they wish to have placed on the agenda for discussion. With no further discussion the Commission moved to the next item of business. Communication Agenda item - Response from the Honorable Mayor Bernard P. Carvalho Jr., dated 02/08/2010, relating to the Board of Ethics ongoing deliberations on Section 20.02 D, of the Kaua'i County Charter, including the County's fiscal condition and personnel areas. o Attached is a copy of the Proposed Interpretive Rule Commissioner Sterker referred to the letter from the Mayor which states that the Board of Ethics has scheduled a public hearing on March 11, 2010, and she encourages the Commission to submit written testimony or participate in the public input process. Commissioner Sterker asked "How can we do that"? Isn't it prohibited? First Deputy County Attorney Amy Esaki stated that the Commission as a whole may submit written testimony. Chair Chaffin stated that the Commission seems to be confused with two separate issues. 1. The Commission may submit a written testimony; 2. And if any member of this Commission wanted to appear or submit testimony as an individual citizen they could. Commissioner Sterker stated that she does not think that this Commission cares about giving individual testimony as compared to submitted testimony as a body. Cost Control Commission Regular Meeting—Open Session March 08, 2010 Page 5 SUBJECT DISCUSSION ACTION Mr. Isobe stated that the issue that is before the BOE is whether or not a Board or Commission member can in fact appear before a government entity to represent a private interest. For example, if a member is representing the Ethics Commission—he/she is in fact representing a Chair Chaffin requested that this non-private interest because government is a non-private interest. A private interest would be a matter be deferred to the end of the private company that he/she may work for or own. With that said, Mr. Isobe stated that a member business item. of this Commission may appear before the BOE to testify on behalf of the Cost Control Commission, as long as the Commission has designated that member to represent them as their spokesperson. Commissioner Collins moved to Chair Chaffin asked the members how they would like to proceed. Commissioner Sterker stated approve the draft testimony as that the Chair should be the designee to present testimony on behalf of the Cost Control submitted, seconded by Commission. Commissioner Sterker, and unanimously carried. 4:0 Chair Chaffin stated that he would be happy to do so, if that is what the Commission desires. The members agree to designate Chair Chaffin to appear before the BOE to give testimony on behalf of the Cost Control Commission. • Agenda Item - Response dated 02/22/2010, from Mr. Glenn Sato, County Energy Specialist, regarding a request for an update on the County's efforts on implementing an Energy Audit Performance Contract. Present at the meeting was Mr. George Costa, OED Director, who gave an update report on the Energy Recommendations. Mr. Costa stated that in December 2009, Mr. Sato contacted the State Dept. of Accounting and General Service (DAGS)for information. Previously, the County has signed on to use to a pre- qualified list of Energy Service Companies (ESCO's)that DAGS had pre-screened for compliance for minimum qualifications. By using this list, the advantage to the County would be time savings in determining if the companies submitting proposals were qualified to do the work. Since the DAGS list of prequalified list of ESCO came out, both DAGS and the University of Hawaii's Community Colleges (specifically Kaua'i Community College) have issued requests for proposals. Both agencies are in the contractual stage now. Although they have provided some information to Mr. Sato, the majority of the information that he seeks is confidential and will not be released until the contracts have been executed. Mr. Costa stated that the expected date should be by April 2010, barring any unexpected circumstances. It is important to follow the RFP's that have already been issued as this will reduce the proposal development time and also reduce or eliminate any potential mistakes. While we wait for DAGS and the Kaua'i Community College to complete their contracting Cost Control Commission Regular Meeting —Open Session March 08, 2010 Page 6 SUBJECT DISCUSSION ACTION process, we have started work on a draft RFP document that will be issued in accordance with the Kaua'i County procurement requirements. Once DAGS and KCC have completed their contracts, we will be able to review their documents and refine the County RFP initiative. In addition, Mr. Costa stated that the County has also requested facility information from the Department of Parks As a follow up to this matter the and Recreation, Building Division, Water and Wastewater Department's to assist in building the Commission requested additional data base for the Performance Contract. The request includes facility information such as hours of information from the Office of operation, types of energy use. And as of March 5'h, 2010, 5% of the RFP has been drafted. Part Economic Development pertaining of the report a Tentative Performance Contract RFP Development Schedule was included. As a to it issues: note an Energy Efficiency Implementation Measures and Product testing is being conducted at the various county facility locations such as the Lihu'e Civic Center, Workforce One-Stop Job Center, 1. If the State DAGS requirements Convention Hall. are in compliance with the recently adopted Kaua'i County 2009 Uniform Electrical Code; 2. If the prequalified ESCO's would meet the Kaua'i County qualifications and if not, how will it affect the selection process ad timeline for entering in the Energy Savings Performance Contract? 3. Will it be possible that the County utilize the State DAGS list to save the County time in determining if the companies submitting proposals are qualified to do the work? 4. In additional the Commission has also requested for Mr. Glenn Sato be present at the next Commission meeting. Staff will follow up on the Commission's request. Business Agenda item - Deliberation with County Attorney Alfred Castillo Jr. on various Cost Control Commission Regular Meeting—Open Session March 08, 2010 Page 7 SUBJECT DISCUSSION ACTION issues relating to the County Attorney's utilization of services for special outside legal counsel. *Note—The Commission is interested in exploring the cost and circumstances under which the County Attorney's Office utilizes the services of special outside legal counsel. Mr. Castillo distributed materials to the Commission relating to: 1. The Organizational structure of the County Attorney's Office. (A copy of the Organizational Chart for the Office of the County Attorney's Office was provided to the Commission.) County Attorney—Alfred Castillo Jr. First Deputy—Amy Esaki Dept. Staff Assistant-Joy Goto Supervising Legal Clerk— Pam Cox (8) Deputy County Attorney's (3) Legal Clerks III (1) Legal Clerk I (1) Law Clerk—vacant position 2. The assigned functional and operational responsibilities of each member of the legal team. (A copy of Attorney assignments was provided to the Commission.) Mr. Castillo stated that each Attorney is primarily assigned to at least one (1)department, and that some Attorney's service more than just one (1) department and or Commission. 3. The criteria and/or rationale that is used for determining whether the services of outside special legal counsel is needed. Mr. Castillo stated that the criteria and rationale that he uses to determine whether or not to seek outside counsel is if there 1)a conflict of interest, 2)termination occurs within the office and 3) lack of expertise. Although this County has 10 attorney's, they are knowledgeable in every single thing. They do try to do things in-house first...(but)you almost have to be an expert. Mr. Castillo stated that his office does not have a litigation team, and clarified that such a team would likely include at least two attorney's and two (2) support staff. This year, the deputy county attorneys salary is budgeted up to$94,454 a piece, not including some benefits as well as space and equipment. How much a litigation team Commissioner Sterker moved to would save the county money in outside attorney fees is unclear, he states that specialized fields, receive the follow up report from the Cost Control Commission Regular Meeting —Open Session March 08, 2010 Page 8 SUBJECT DISCUSSION ACTION like the recent bond float, and conflicts of interest would be sent outside unavoidably. But a team County Attorney, seconded by handling lawsuits could be beneficial as "this is a litigious society". Commissioner Apao, and unanimously carried. 4:0 4. A written summary of the dollar amount and purpose for which special outside legal counsel has been secured over the past three (3)fiscal years. (A copy of FY 2008-2009 & 2009-2010 was provided to the Commission) The Commission has requested additional information pertaining to The Cost Control Commission members encouraged Mr. Castillo to allow them to help him these matters: streamline his department, maximize efficiency and save the county money. 1. Provide an litigation history Analysis of the past two (2) years expenditures pertaining to special counsel. 2. Provide recommendations to the Commission that would help the Department run more efficient,and a cost analysis. Staff will send a communication to County Attorney Alfred Castillo Jr., reminding him of the Commission's request for additional information. Next Meeting 0 Monday, April 12, 2010, at 1:30 p.m. at the Mo'ikeha Building—Liquor Conference Room 3 Adjournment With no other business to discuss Chair Chaffin called for a motion to adjourn the meeting. Commissioner Sterker moved to adjourn the meeting, seconded by • Meeting adjourned at 3:15 p.m. Commissioner Collins, and unanimously carried. 4:0 Cost Control Commission Regular Meeting—Open Session March 08, 2010 Page 9 SUBJECT DISCUSSION ACTION Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Lawrence Chaffin Jr., Chair (x) Approved as is on 04/12/2010. ( ) Approved with amendments. See minutes of meeting.