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HomeMy WebLinkAbout041210_COST_MINUTES_APPROVED COUNTY OF KAUAI Minutes of Meeting REGULAR MEETING—OPEN SESSION Board/Committee: COST CONTROL COMMISSION I Meeting Date April 12,2010 Location Lihu'e Civic Center- Mo'ikeha Building - Liquor Conference Room 3 1 Start of Session: 1:33 p.m. End of Session: 3:45 p.m. Present Commission Members: Lawrence Chaffin Jr., Chair Sandi Sterker, Vice-Chair, Randy Finlay, Dirk Apao, Linda Faye Collins Also: Amy Esaki, First Deputy County Attorney, Mona Clark, Deputy County Attorney, Lenny Rapozo, Director of Parks and Recreation, George Costa, Director of Economic and Development, John Isobe, Executive Assistant& Boards and Commissions Administrator, Cyndi Ayonon, Administrative Aide and Mercedes Youn, Staff. Public: Glenn Mickens, Ken Taylor, Ed Coll and Carol Bain. Excused Absent SUBJECT DISCUSSION ACTION Call To Order The meeting was called to order at 1:33 p.m. by Chair Chaffin. Approval of the Commissioner Sterker Agenda for April 12, moved to approve the 2010. agenda, seconded by Commissioner Apao and unanimous) carried 5:0. Approval of Minutes Commissioner Sterker of March 08, 2010. moved to approve minutes as submitted, seconded by Commissioner Collins and unanimously carried. 5:0. Cost Control Commission Regular Meeting—Open Session April 12, 2010 Page 2 SUBJECT DISCUSSION ACTION Communications CCC 2010-1 Request from Chair Chaffin, to discuss a news article from the Garden Island newspaper entitled, "Ethics Board has a change of heart", to new Rule 20.02D. Chair Chaffin asked Deputy County Attorney Mona Clark to clarify Article XX of the Charter, relating to Section 20.02D. Mona Clark, Deputy County Attorney— Ms. Clark stated that in compliance with Section 20.02D. It states that"No Officer or employee of the County shall appear in behalf of private interests before any County board, commission or agency". This interpretation shall not prohibit: 1. an individual's right to testify at a hearing of a county board, commission or agency regarding his or her personal opinions. 2. An individual's right to appear in a matter that involves only ministerial action by a department, such as applying for a driver's license, building permit, water meter, or filing a police report. 3.An individual's right to represent himself personally or appear before any agency to petition for redress of grievances caused by an official act or action affecting such person's or such person's immediate family's rights, privileges, or property, including real property. 4. An officer's or employee's business or professional partner's or associate's right to practice or appear before a County agency, provided, however, the officer or employee shall not participate in any discussion, decision-making or vote on the related matter. With no further discussion, Chair Chaffin called for a motion to receive this agenda item. Commissioner Collins moved to receive, seconded by Commissioner Sterker and unanimously carried 5:0. CCC 2010-2 Request from Chair Chaffin, to discuss a news article from the Garden Island newspaper entitled, "As State's economy worsens, park facilities fray". Article was posted on March 14, 2010. Commissioner Collins—stated that the reason for bringing this issue up for discussion was to ask the head of the Parks Department about the adequacy of their maintenance budget and weigh that against funds to be used to acquire more parks than the County is unable to take care of. Public Testimony Mr. Glenn Mickens—Mr. Mickens testified that he is highly against the use of the volunteer's being the primary source for care of the county park facilities. In respect to Lenny Rapozo, Director of Parks and Recreation, Mr. Mickens stated that the county parks are not being well maintained. Referring to the 2001 Cost Control Commission Regular Meeting—Open Session April 12, 2010 Page 3 SUBJECT DISCUSSION ACTION study that was done by Ms. Carol Bain of the League of Women Voters, the study revealed that there was only one (1) park that got an average C rating, the rest of the 8 parks received a D or lower grade. Since the study nothing has changed. A great example is the Lydgate Park, Mr. Mickens stated that you cannot swim there because of the debris that comes down from the Wailua River and goes right into the Lydgate area. In all his years of volunteering, he was told that they would be raising the wall to keep the logs from entering into the Lydgate Pond. It has been two weeks and the logs still remain in the pond, any cleanup efforts won't happen until the weekend (Saturday). Mr. Mickens stated that a volunteer is only a supplement, and it is NOT the answer. Mr. Mickens feels that the Parks and Recreation maintenance budget should be increased to provide adequate care and maintenance to the existing county parks. He questioned, "Why would the county want to acquire more parks such as Black Pot, when the county is unable to take care of what it already has". Mr. Mickens suggested that the county looks into a purchasing a beach cleaning machine or hire someone on the island who has the machine on an as needed basis. Commissioner Sterker questioned the cost of the machine. Mr. Mickens stated that the machine costs between $200,000 and $300,000 dollars, and that a guy in Po'ipu had one, which he brought to Lydgate Park on a trial run and the outcome was good. Unfortunately, he passed away but his machine may still be on the island. Chair Chaffin suggested that Parks Director Lenny Rapozo coordinate a meeting with Glenn to see if the machine is still available. Mr. Rapozo stated that in the interest of mandating the mission of the Cost Control Commission which is to control the cost of government, Maybe Mr. Mickens can raise the money to purchase the machine then donate it to the county. Referring to the volunteers Chair Chaffin stated that in his opinion the volunteers usually volunteer their time on a project by project basis. Ken Taylor stated that he has 35 years of experience in landscaping business and during that period he has done a lot of maintenance work for shopping centers and homes. Mr. Taylor believes that the county needs do a performance audit on the parks maintenance department, and the reason for that is because he observed a park maintenance worker using a weed eater to mow a strip of grass estimated to be at least 500 feet in length and 6 feet wide. If the worker had used a lawn mower it would have taken him less time, instead of being there all day. This is an example of the use of inadequate equipment and time. In another incident, Mr. Taylor stated that while at a county park he observed nine (9) park personnel standing around engaging in conversation and drinking coffee. After a while one of them proceeded to fix the broken water sprinkler. The incident lasted about 4 hours. Mr. Taylor stated that this kind of activity is unacceptable and suggested that a performance audit be done. With his experience of being in the landscaping business, Mr. Taylor, stated that he kept a time log for each job performed by a worker, the information gathered has proved to very useful. He suggested that Mr. Rapozo should consider having a performance log in place as a cost effect measure. Cost Control Commission Regular Meeting —Open Session April 12, 2010 Page 4 SUBJECT DISCUSSION ACTION Chair Chaffin commented that Mr. Taylor's suggestion of a performance audit is well taken and as suggestion by the Commission he would refer the issue to the County Auditor. Ken Taylor stated that he will be more than happy to work with Parks and Recreation Director Lenny Rapozo on the process. Commissioner Collins stated that she would like to hear input from Parks Director Lenny Rapozo, on any performance studies that includes training. Parks Director Lenny Rapozo stated that in order for him to respond to Mr. Taylor accusations, he would need more time to research the situation; he also made it clear that the parks department does not repair water sprinklers and does speak for the other departments. For the maintenance and training process, Mr. Rapozo stated that all new employees are properly trained to become certified users of the tools and equipment needed to complete the job. Mr. Rapozo informed the Commission that the county is going through a tough financial situation, which may leave the parks department short staffed. He commended the men for taking pride in doing a fabulous job in maintaining the parks with the resources that they have or may not have. Mr. Rapozo stated that the parks department has the responsibility to care and maintain 480 acres of county parks throughout the island, and during certain parts of the week they are short staffed because of the rotation process and other times they are not. Commissioner Collins questions the needs of the parks department that would help making it run more efficiently. Mr. Rapozo stated that the parks department could always use more man power; however, you must understand that the county and the state are going through a difficult financial time. Commissioner Collins asked whether having better equipment would save time. Mr. Rapozo stated that yes, but now is not the time to purchase new equipment and we must make due with what we have and we are doing it. Chair Chaffin asked if the Parks Department has any requests as to how the Parks Department could be better organized. Mr. Rapozo stated that his department is working on that issue and finds it premature to reveal at this time. With no further discussion, Chair Chaffin called for a motion to receive this agenda item. Commissioner Collins moved to receive, seconded by Commissioner Sterker and unanimously Cost Control Commission Regular Meeting—Open Session April 12, 2010 Page 5 SUBJECT DISCUSSION ACTION carried 5:0. CCC 2010-3 Request from Chair Larry Chaffin, to discuss a news article entitled, "Proposal would merge L.A. agencies". Article by David Zahniser of the L.A. Times newspaper. Chair Chaffin stated that he wanted this article placed on the agenda because it relates to the consolidation of personnel from various departments/agencies within the County that would result in cost *As a follow up to the issue savings and better organization within departments. the Commission has requested that the Director Commissioner Sterker stated that she would like to know who the Commission would speak to of Personnel be present at regarding this issue, and suggested that the Director of Personnel be present at the Commissions next the next meeting. Staff will meeting to answer questions that the Commission may have. send a notification to Malcolm Fernandez, With no further discussion, Chair Chaffin called for a motion to receive this agenda item. Director of Personnel Services to be present at the next meeting. Commissioner Sterker moved to receive, seconded by Commissioner CCC 2010-4 Request from Commissioner Sandi Sterker to discuss a news article from the Garden Island Apao and unanimously newspaper entitled, `Paving for it twice". Article written by Mr. Ed Coll carried 5:0. Commissioner Sterker stated that although she is not a cable subscriber, she is concerned with what the article states and that the consumer is being charged twice, "Once in your monthly cable TV bill and *Staff will send a notification again by paying the county taxes". to: Public Testimony 1. Hoike requesting for a representative to attend the Ed Coll stated that he is the author of the article"Paying for it Twice". Mr. Coll explained that looking from next meeting and to a franchise view, the money goes from the cable subscriber directly through a state-mandated cable address questions relating franchise fees (Time Warner Cable) and they cut a check to Hoike. From the county's view—the tax payer to: pays county taxes of which a portion of it goes to Hoike. The county has a contract with Hoike to record and televise on the government access channel. He expressed concern that the county will be entering a. How much of each cable into a contract with Granicus, a for profit organization, questioning how will it affect the contract with Hoike bill is being paid to them and why does the county want to pay all this money for something that is basically been paid for. and how many subscribers do they service. 2. The appropriate county Cost Control Commission Regular Meeting—Open Session April 12, 2010 Page 6 SUBJECT DISCUSSION ACTION Commissioner Sterker requested for a representative from Hoike to be present at the next meeting. department requesting that they attend the next meeting to address questions relating to: a. What the process is for the county to apply for cable With no other discussion, Chair Chaffin called for a motion to receive. funds; and why is the county paying again for Business services. Commissioner Sterker moved to receive, seconded by Commissioner Collins and unanimously carried 5:0. CCC 2010-5 Communication dated, 02/22/2010, from County Energy Coordinator Glenn Sato, providing an update from the Administration on the Cost Control Commissions Energy Recommendations and the Commissioner Sterker County's efforts on implementing the Energy Savings Performance Contract. leaves the meeting at 3:00 p.m. to attend training. • Response dated 03/16/10, from Energy Coordinator Glenn Sato, relating to the Commissions As a follow up to the Energy follow up request for additional information. Performance Contract RFP. Glenn Sato will provide an Public Testimony update on the selection of the ESCO's and the options Glenn Mickens asked whether the lighting system for the county park facilities have a mechanism in for securing the ESCO's will place to turn off the lights at the ball parks when not in use. He stated that he has seen the lights on at be scheduled in the ball parks with no one in sight. August/September. Mr. Sato stated that he is not familiar with the lighting system for the county park facilities. It may be that the timer be may be set as requested for 3 hour practice and is used for only for 2 hours, he adds that he is not sure if it is a timer function or if someone has to go back to turn the timer off manually. Chair Chaffin asked Mr. Sato if he would be able to research the prospect of where the energy savings would come from and a come up with a recommendation. Mr. Sato stated that would be a function of the ESCO and the performance contract for them to look at the parks and recreation which is the major Cost Control Commission Regular Meeting —Open Session April 12, 2010 Page 7 SUBJECT DISCUSSION ACTION agency that we are including in the performance contract, and once the recommendations come in from the various agencies, it would be appropriate for him and the agencies to come before the this Commission and discuss what is being proposed. Once the agencies review the proposals, they have to sign off on the recommendations, and the bottom line is that the savings has to pay for the measures, where the energy service company has to guarantee the savings in order to pay for the program and its cost. Ken Taylor stated that the process to develop cost savings measures regarding the lighting system for the county ball park facilities is important. However, his concern is that the Commission is looking at small peas when they should be concentrating at a bigger picture like the total energy consumption relating to the wastewater sanitary department; these two departments are the highest consumers of electrical use, (60% of total county consumption). Having solar panels on these facilities would be very cost effective. Mr. Taylor also referred to the new facility being built in Waimea; it is his understanding that there is no discussion on plans to have solar panels included. Commissioner Collins stated that there are plans to have photo-voltaic included that will provide a good percentage of the energy. With no further discussion, Chair Chaffin called for a motion to receive this agenda item. Commissioner Collins moved to receive, CCC 2010-6 Discussion with County Attorney Alfred Castillo Jr. on various issues relating to the County seconded by Commissioner Attorney's utilization of services for special outside legal counsel. (Deferred from 03/08/10) Apao and unanimously carried. 4:0 County Attorney Alfred Castillo Jr.— In response to the various issues relating to the County Attorney's utilization for special outside legal counsel, Mr. Castillo pointed out that his department would benefit from having in both EOCC and federal court training. Although the litigation expertise that his department *As a follow up staff will currently has is enough for them to go to court and be litigators. send a notification to the County Attorney requesting Commissioner Collins stated that it may be beneficial that a comparison and cost analysis be done on a larger Cost Analysis and the benefits of having additional staff, clerks, etc. Mr. Castillo stated that although he is a little hesitate comparison on hiring more because he does not know what the economy will look like in a couple of months, he will do the cost staff versus hiring outside analysis as requested as it might be beneficial as a future resource. special counsel. Chair Chaffin questioned if the department should have 1 or 2 litigators in house, would the litigators have to be specific in their expertise, to be assigned to different cases. Mr. Castillo stated in his department, he has (5) litigators and their level skills are different; who he would assigned to a federal court case would depend on the training and experience one received in a certain discipline. Cost Control Commission Regular Meeting—Open Session April 12, 2010 Page 8 SUBJECT DISCUSSION ACTION Commissioner Collins commented that she thinks it may be a danger by just look in at a department and the amount of staff without doing a cost analysis because you are always going to have choice to either outsource or do it in-house. Because you do not want to cut the manpower when there are other ways to achieve the same results in the long run by doing the cost analysis of benefits. Mr. Castillo stated that he understood. Public Testimony Glenn Mickens stated that Commissioner Collins asked the key question, because there are many people from the public who is also questioning why is the county spending hundreds and thousands of dollars a year for outside legal counsel. Is it because the county's deputy county attorneys do not have the expertise? (He has yet to hear the answer). Mr. Mickens questions if the county is hiring the proper staff that have the proper expertise and experience to do the job. Ken Taylor stated that County Attorney Alfred Castillo, Jr. is doing a fine job compared to the previous County Attorney and the staff that he put together is also doing a great job. He is aware that there are times when these special cases needs to be addressed and seeking outside legal counsel is appropriate However, based on the cost breakdown of the 2 EEOC that was paid to the outside counsel , it did not include the cost of the in-house staff time. Mr. Taylor stated that it is important to look at the numbers. Chair Chaffin questioned First Deputy County Attorney Amy Esaki, if the staff's time is allocated per case. Ms. Esaki stated that the office does not have time keeping, we just handle whatever is placed on our desk as expeditiously as possible. Commissioner Collins asked if it is true that even with outside special counsel, the staff covers the case at the same time. Ms. Esaki said that there is a staff attorney who monitors the case, does the research, and works alongside special counsel; in turn it gives the staff attorney training in specialty cases. Commissioner Apao moved to defer this item, seconded by Commissioner Collins and unanimously carried. 4:0 Cost Control Commission Regular Meeting —Open Session April 12, 2010 Page 9 SUBJECT DISCUSSION ACTION Chair's Announcements Next meeting will be on Monday, May 10, 2010, at 1:30 p.m. at the Mo'ikeha Building in the Liquor Conference Room 3. • On April 19, 2010, the Office of Boards and Commissions will be offering (2)free training sessions on the "Sunshine Law", for all Boards and Commissions members and employees of the County. Adjournment Commissioner Finlay moved Meeting adjourned at 3:45 p.m. to adjourn the meeting, seconded by Commissioner Apao and unanimously carried 4:0. Cost Control Commission Regular Meeting —Open Session April 12, 2010 Page 10 SUBJECT DISCUSSION ACTION Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Lawrence Chaffin Jr., Chair (X) Approved as is. Approved on 05/10/2010. ( ) Approved with amendments. See minutes of meeting.