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HomeMy WebLinkAbout040813_CCC Minutes_Approved1m(CZ)(tt)COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: I COST CONTROL COMMISSION Meeting Date I April 8, 2013 Location Mo'ikeha Building — Liquor Conference Room Start of Meeting: 1:30 p.m. End of Meeting: 3:37 p.m. Present Chair Sandi Sterker; Vice -Chair Arryl Kaneshiro; Members: Lawrence Chaffin Jr., Dirk Apao, and Laurie Yoshida Also present: First Deputy County Attorney Amy Esaki; Boards & Commissions Office Staff: Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Managing Director Gary Heu; County Engineer Larry Dill; and County Attorney Alfred Castillo, Jr. Excused Commissioner Glen Takenouchi Absent SUBJECT DISCUSSION ACTION Call To Order Chair Sterker called the meeting to order at 1:30 p.m. Approval of Regular Open Session Minutes of March 11, 2013 Commissioner Apao moved to approve the Minutes meeting minutes as circulated. Commissioner Yoshida seconded the motion. The motion carried 5:0 Communications CCC 2013-11 Memorandum dated 3/14/13 from Chair Sandi Sterker and Members of the Cost Control Commission to May_ or Bernard P. Carvalho, Jr., in support of the Civil Service Commission's request for the implementation of the Human Resources Information System. Chair Sterker invited Mr. Heu to talk about the Human Resources Information System. Mr. Heu stated that prior to going out to procure services and software for the HRIS, newly appointed Finance Director Steve Hunt felt that it would be a good idea to form a taskforce headed by Deputy Finance Director Sally Motta. The taskforce would to do an assessment on the needs of the various stakeholders within the County and with the information gathered they would know more about how each department handles their own personnel functions within their department and try to find a solution so Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 2 SUBJECT DISCUSSION ACTION that all departments can operate on the same level. He indicated that the system would benefit the Human Resources Department tremendously because it would give them the capabilities to carry out the functions to better manage staffing issues as well as generate personnel reports. Chair Sterker called for a motion to receive item CCC 2013 -11. Commissioner Yoshida moved to receive item CCC 2013 -11 for the record. Commissioner Apao seconded the motion. Motion carried 5:0 CCC 2013 -12 Memorandum dated 3/14/13 from Chair Sandi Sterker to County Engineer Larry Dill, requesting his presence at the Commission's next meeting on April 8, 2013 to provide an update on the master plan of the County's Space Planning which includes the old Big Save building, Mr. Dill stated that prior to receiving the final report of the office space plan in August 2010 a consultant was hired by the County to look at all of the County's facilities and do an assessment on the projected needs to determine how the building space could be best utilized to accommodate the needs for office space. He explained that the consultant interviewed the various departments to find out what their space needs were and applied it to the available spaces. He shared with the Commissioners that in 2010, the former Big Save space was not considered to be available because at that time it was still a grocery store and no one knew back then that Big Save was going to close its doors. He explained that with the closing of Big Save the County started to look conceptually in -house at how they might best utilize the Big Save space. In the meantime, the County was pursuing its first phase of renovation of the Pi'ikoi Building which now houses the Fire Department's administrative offices. He explained that prior to being relocated the Fire Department was renting space in the Pumehana Building. Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 3 SUBJECT DISCUSSION ACTION Chair Sterker asked how much rent per month did the County have to pay. Mr. Dill stated that he was unsure. Mr. Chaffin asked whether the new office space is larger than the space in the Pumehana Building. Mr. Dill stated that he can't say for sure but assumes that the office space in Pi'ikoi is much larger because it would provide for some growth for an alternate EOC (Emergency Operating Center). Mr. Chaffin asked who the original Space Planner was. Mr. Dill replied Architects Hawaii. Mr. Dill shared with the Commissioners that the renovation of the Pi'ikoi Building would be done in phases because it is a very expensive project to pursue and that the assessment that was done helped to identify priorities as to the different needs in each department. He stated that monies have already been appropriated by the Council to move forward with the next phase, which is to relocate the Solid Waste and the Wastewater Division offices of the Department of Public Works. He indicated that they are currently in the process of procuring services for a consultant to do the architectural design work for both offices and to revisit the 2010 office space plan to incorporate the Big Save space to find out how to best utilize the space. Mr. Dill mentioned that the majority of the space in the Pi'ikoi Building is currently being used for storage and that the 2010 space plan had identified a significant need for storage space in what he believes to be in the range of least fifteen to eighteen thousand square feet of storage space. He stated that in 2010 the administration added a 2 million dollar line item into the CIP budget to purchase a facility or land to build additional storage space. He indicated that subsequent to that the Big Save space became available and in essence met the space requirement, which provided a great opportunity for the County to save the two million dollars appropriated in the CIP budget to funds elsewhere. He stated that the former Big Save Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 4 SUBJECT DISCUSSION ACTION space would largely be used for storage needs however, other proposals have come forth to consider making that space a food hub where various local agricultural products would be processed for retail. Chair Sterker asked why the County has so much paper storage when the best solution would be to put the information on digital disks. Mr. Dill replied that there is an on -going effort by the County to digitize the majority of that information but he was told that some records need to be kept as hard copies. Mr. Chaffin asked if there was a combined effort between the County and the private sector to bring in an organization to help reduce the bulk of all of those records. Mr. Dill replied that there is a contract in place where an organization was hired to reduce the bulk of the records however, he does not know to what extent. Mr. Chaffin stated that he recognized members of the Kaua'i Historical Society in the audience and that he is pushing for their records to be kept in a digitized format. Chair Sterker asked if there was a study done to see what the departments' needs were as far as space that they don't have. Mr. Dill replied yes, however, he doesn't know of any departments that don't need more space. Chair Sterker stated that it seemed to her that there are so many departments that need more space and that the new Human Resources Department should be a high priority. Mr. Dill stated that he doesn't recall if the HR Department was high on the priority list. Mr. Heu invited the members of the Commission to take a walking tour of the areas in question so that they could see for themselves how limited the space is that some of the departments are working in. He indicated that relative to the Big Save space the County was prepared to go out and acquire a facility to help with its storage needs; however, he felt that the Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 5 SUBJECT DISCUSSION ACTION needs go far beyond just storage. In fact, the Police Department is looking to have a modular unit for training facility. He noted that at one point in time, the Big Save space was looked at as a possible spot for a common conference /training facility, which to the extent would make sense for the County to have a facility in which they could conduct their training annually. However, that proposal has been side lined because the space is being identified for other needs, but should the opportunity arise they would certainly look at doing that versus creating multiple training facilities for the various departments. Mr. Heu shared with the Commission the two areas that were not part of the assessment; one of which was the old Historic Building and the other was the Annex building that houses the Elections division. He explained that the reason why an assessment was not done for those facilities was because plans were well under way to renovate those facilities, but with continued discussions, they might want to do an analysis of those facilities to see if space is available in order to maximize its usage. Chair Sterker stated that it would make more sense cost wise for the County to utilize its present facilities instead of having to look elsewhere to acquire another facility. She asked whether the Big Save building could be expanded. Mr. Dill replied that the County is looking at options to expand the existing footprint by building a mezzanine or a second floor to accommodate its needs for storage but such plans are still in its primary stage. Chair Sterker stated that it would make sense cost wise to expand the Big Save building and keep everything within the County rather than to build another facility elsewhere. Mr. Dill agreed. Chair Sterker asked whether the County has a long range plan in place. Mr. Dill replied that the 2010 space plan can be updated as discussions continue. Chair Sterker requested Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 6 SUBJECT DISCUSSION ACTION that the Commission be provided with a copy of the 2010 plan. Mr. Dill stated that he would provide the Commission with a digital copy of the 2010 County of Kauai Comprehensive Space Plan and Needs Assessment. Mr. Heu informed the Commissioners that the rent for the Big Save building was twenty thousand dollars per month. Chair Sterker asked how much in rent was the County paying for the Fire Department per month. Mr. Heu replied that he did not know at the time but he would provide the information to the Commission, which would include the lease rent for the County Auditor who is still housed in the Pumehana Building. Mr. Chaffin stated that he would like to know how much space is required for each department now as opposed to a few years ago when they didn't have computers or computer records because he felt that the space for each individual should be great in its use. He said that he would hope that the analysis doesn't only show the amount of square feet needed or the added percentage. Mr. Dill stated that without getting into the details, noting that he is unfamiliar with initiation of the 2010 plans before his time, it is his understanding that the consultant first looked at the current industry standards in order to do a comparison with the needs of the County to help customize the need for space. Mr. Rich Gage, President of the Kauai Historical Society, stated that the reason he is here today was mainly to share information with the Commission that the KHS wants to relocate its office from its present location, which is in the old Historic County Building, to a space in the old Big Save building. He indicated that the KHS had made a proposal to both the Council and the Mayor that they are willing to take the responsibility of archiving and providing storage for the old County records in exchange for space in the old Big Save building. He stated that KHS currently has a lease rent in the Old Historic County Building, but they were informed by Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 7 SUBJECT DISCUSSION ACTION the Council of the intent to move the County Auditor's office into their space. Mr. Gage stated that unless KHS has another location to go to they would not be relocating anytime soon. He suggested an alternative measure in which the County would lease space in the old Big Save building to KHS and in turn KHS would archive and store the County's old records. He urged the Commission to consider the requirements of the Lihue General Plan and the comprehensive zoning ordinance and base its decision on that information. Chair Sterker asked whether the Commission could be provided with a copy of the KHS draft plan for the old Big Save building. Mr. Gage stated that he would provide the Commission with a copy of the draft. Chair Sterker expressed her support for KHS largely because she felt that it is an important part of Kauai's culture and having a location where the public could assess the information would be ideal. However, the Cost Control Commission has no power over the final decision and that it can only make recommendations. Mr. Chaffin asked whether KHS has the equipment to digitalize the old County records. Mr. Gage stated that the KHS is very anxious to move forward with that process and that they would seek a historical grant fund to purchase the equipment needed, but they would still need the adequate space. Commissioner Yoshida moved to receive item With no further discussion, Chair Sterker called for a motion to receive CCC 2013 -12 for the record. item CCC 2013 -12, for record. Commissioner Apao seconded the motion. The motion carried 5:0 Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 8 SUBJECT DISCUSSION ACTION Business CCC 2012 -16 Discussion on the County's special counsel contracts and expenditures to date. (On-going) Mr. Castillo began by presenting an overview of the requirements of the County Attorney as indicated in the County Charter in which the County Attorney is the legal advisor and legal representative of all County agencies including the Council. He indicated that on numerous occasions he was asked why the County Attorney has to always goes out to retain special counsel to represent the County. He explained that prior to this fiscal year the County Attorney's office saved the County roughly two million dollars from going out to seek special counsel. He shared with the Commission that with the money saved he wished he could have convinced the Finance Department to give him that money to hold in an escrow account because with the upcoming fiscal year the County Attorney's office had to cut a million dollars of its budget. He explained how the County Attorney's office analyzes the need for special counsel by reviewing each case to look for the legal requirements as stated in the Kaua'i County Charter. Mr. Castillo stated that the Deputy County Attorney position cost the County about $143,000 a year with a base salary of $94,000, which includes benefits. He explained that in fiscal year 2012 -13 the County encumbered about a million dollars in special counsel costs which was not due to the Endangered Species Act when the County was prosecuted by the federal government for the Shearwater. He explained that the reason the County Attorney's office did not seek special counsel for that lawsuit was because he had attorneys in his office with enough expertise to handle the case. However, in a case that involved the Kauai Police Department where the plaintiff sued the County of Kaua'i and three police officers, special counsel was retained to represent the County of Kaua'i and three of the County Attorneys were assigned to represent each police officer in Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 9 SUBJECT DISCUSSION ACTION their individual and official capacities. He further explained that in this case the County was able to conclude the case where the exposure to the County was twenty thousand dollars and that he doesn't know what the County paid for special counsel services but understands that his office saved the County a lot of money for that case. Mr. Castillo shared with the Commission that the County recently had a case in which he was given the option to choose whether he wanted to participate in the litigation to defend the County of Kaua'i during trial. He stated that because it is his area of expertise he accepted to represent the County in trial. Mr. Castillo stated that there are various reasons why certain departments feel that they need to retain special counsel; however he is not at liberty to provide information about the differences in opinion. He added that although he does not always agree that special counsel is always necessary, his office still receives negative comments about retaining special counsel. Mr. Castillo stated that the County Attorney's office does not have a litigation team and at times find it difficult to service the various County agencies that include the Office of Boards and Commissions and at the same time have to litigate cases. He indicated that he has to inform the County Council that an attorney cannot be present at their meeting because he or she is busy doing a deposition on the mainland which can be very expensive to perform this type of service, especially if special counsel has to do it. Mr. Castillo stated that having a litigation team is necessary because it would save the County money in having to go out to seek special counsel. In addition, the County Attorney's office could, via the Office of Disciplinary Council, initiate a policy whereby they would create legal walls that will allow the County Attorney's office to litigate cases on behalf of the County. Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 10 SUBJECT DISCUSSION ACTION Mr. Castillo pointed out that the numbers just for this year show an increase although there were times where he felt that there was no need to seek special counsel but some of that was beyond his control. He further explained that the County Charter has a requirement that if the Council determines that there is a need for special counsel they can approve it, despite his objections. Chair Sterker stated that as the years go by there seem to be more lawsuits in the making because people are feeling the need to sue the County. Mr. Castillo agreed. Chair Sterker stated that if the County does not get back on track at this point it may end up way beyond the eight ball. She shared with the Commission that change is needed because the goal is to save the County money in terms of not having to go out to seek special counsel. She noted that based on the discussions, she felt that the County Attorney provided adequate information in terms of the cost incurred to seek special counsel compared to having a litigation team in- house. In addition, the litigation team would perform other duties such as legal research in preparation of a case, which would allow the deputy attorneys to service the various County agencies as required by the County Charter. Chair Sterker asked whether the Commission would consider a recommendation based on the information provided by the County Attorney that there is a need for a litigation team. Mr. Castillo indicated that the County is lucky to have its own in -house litigators who have the experience however, it can become overwhelming and time consuming (not to mention the cost to retain special counsel) for these attorneys to service the various County agencies and perform litigations and depositions at the same time. Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 11 SUBJECT DISCUSSION ACTION Mr. Castillo stated that he hopes to bring in another deputy county attorney soon to replace Justin Kollar; someone who has the initiative to learn how to litigate and brings with him the energy and a positive outlook. Chair Sterker asked whether he felt that it would be appropriate for the Cost Control Commission to make a recommendation to the Mayor to have a two member litigation team in the County Attorney's office. Mr. Castillo replied yes, because it would save the County money based on looking at the type of cases that the County had in the past year compared to the type of cases that are coming on board which have litigation potential. Mr. Chaffin pointed out that it seemed to him that the Cost Control Commission is interfering with the County Attorney's daily operations and that the recommendation should simply ask for just two additional attorneys instead of two litigators because he felt that County Attorney should be the one to determine their job assignments. Mr. Castillo stated that it would be essential for the next deputy county attorney to have some litigation experience because it would really help in the area where it is sorely needed. Mr. Kaneshiro asked for clarification on whether the two litigators are in addition to the new deputy county attorney that is being hired. Mr. Castillo said yes, and stated that the new deputy county attorney is only to replace Justin Kollar's position. Chair Sterker called for a motion for a recommendation to the Mayor to Ms. Yoshida moved to make a recommendation have a two - member litigation team in the County Attorney's office. to the Mayor to hire a two member litigation team in the County Attorney's office. Mr. Kaneshiro seconded the motion. Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 12 SUBJECT DISCUSSION ACTION Mr. Chaffin stated that he would not be supporting the recommendation. In fact he believes that it should be left up to the County Attorney to have whatever attorneys he needs and let him decide what specialties are needed rather than saying that we need only litigators. Ms. Castillo stated that depending on the ebb and flow on the amount of cases it would primarily involve litigation; however, there would be other duties assigned and the attorneys hired would have to have litigation experience. Mr. Chaffin stated that based on his experience if a person has a certain problem they would seek a law firm with only litigation experience instead of going to other larger firms who have a variety of expertise. Generally speaking he would rather have an attorney who has other expertise than just litigation. With no further discussion, Chair Sterker called for the vote. The motion carried 5:0 Ms. Morikami asked Ms. Esaki to clarify for the Commission on the process of the recommendation. Ms. Esaki explained that the recommendation would go to the Mayor for introduction to the County Council for consideration. Ms. Esaki pointed out that because the budget for FY 2013 -14 is already in process, the recommendation should be slated for FY 2014 -15. Ms. Morikami pointed out that the Commission's recommendation should be amended to reflect that the hiring takes place in FY 2014 -15 budget. Chair Sterker called for a motion to amend the original motion. Ms. Yoshida moved to amend the original motion. Mr. Kaneshiro seconded the motion. The motion carried 5:0 Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 13 SUBJECT DISCUSSION ACTION Chair Sterker called for a new motion. Ms. Yoshida moved that a recommendation be forwarded to the Mayor to hire a two- member Litigation Team for the County Attorney's office for FY 2014 -15 budget. Mr. Kaneshiro seconded the motion. The motion carried 5:0 CCC 2013 -10 Discussion on the County's non - profit organization tax exemption. On- going) Chair Sterker explained that at a previous meeting, the Commission reviewed and discussed the possibility of eliminating certain non - profits and increasing the minimum tax exemption. Ms. Yoshida stated that in order for the Commission to do that it would have to place the item on the agenda for discussion. Ms. Esaki reminded the Commission about Councilmember Rapozo's concerns regarding the Commission's previous recommendation which was to increase the real property minimum tax from $25.00 to $150.00. Ms. Esaki also stated she would follow up with Finance Director Steve Hunt on the status of the real property minimum tax increase and report back to the Commission at its next meeting. Ms. Yoshida commented that if the Commission does not want to change the non - profit exemption status a motion should be made to "receive" the item, then the issue would not appear on future agendas. Other members expressed concerned that they lacked the background and knowledge to adequately determine whether the non - profit organization tax exemption should be maintained, revised or eliminated. Cost Control Commission Regular Meeting - Open Session April 8, 2013 Page 14 SUBJECT DISCUSSION ACTION With no further discussion, Chair Sterker called for a motion to receive Ms. Yoshida moved to receive item CCC 2013 - item CCC 2013 -10. 10 for the record. Mr. Apao seconded the motion. The motion carried 5:0 Announcements • Ms. Yoshida requested a written report on the status of the minimum real property tax increase from Finance Director Steve Hunt at the Commission's next meeting in June. • Request draft plans from the Kaua'i Historical Society regarding the old Big Save building for continued discussion at the June meeting as it relates to cost cutting measures to relocate the County Auditor's Office from its present location to the old Historical Building. • Review the County of Kaua'i Comprehensive Space Plan and Needs Assessment for possible discussion in June. • Request the presence of Budget and Purchasing Director Ernest Barreira to provide an overview of the final FY 2013 -14 budget at the Commission's meeting in July. Chair Sterker suggested that instead of having the meeting in May that the Commission schedule a tour with the Space Planner of the County facilities as suggested by Mr. Heu. With that being said, Chair Sterker announced that the next meeting would be scheduled for Monday, June 10, at 1:30 p.m. in the Liquor Conference Room. Adjournment Chair Sterker called for a motion to adjourn. Commissioner Chaffin moved to adjourn the meeting. Commissioner Yoshida seconded the motion. The motion carried 5:0 The meeting adjourned at 3:37 p.m. Cost Control Commission Regular Meeting - Open Session April 8, 2013 Submitted by: Mercedes Youn, Staff Support Clerk (x) Approved as circulated on May 13, 2013 ( ) Approved as amended. See minutes of _ Page 15 meeting. Reviewed and Approved by: Sandi Sterker, Chair