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HomeMy WebLinkAboutBudget Deliberations & Preliminary Decision-Making, FY 2014-15 • • 5/12/2014 - 5/13/2014 DELIBERATION AND PRELIMINARY DECISION-MAKING FY 2014-15 COMMITTEE OF THE WHOLE DELIBERATION AND PRELIMINARY DECISION-MAKING FY 2014-2015 ANNUAL BUDGET MAY 12, 2014 A Deliberation and Preliminary Decision-Making Meeting on the FY 2014-2015 Annual Budget of the County of Kaua`i was called to order by Jay Furfaro, Chair, Committee of the Whole, on Monday, May 12, 2014, at 9:29 a.m. at the Council Chambers, 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawai`i and the presence of the following was noted: Honorable Tim Bynum Honorable Mason K. Chock, Sr. Honorable Gary L. Hooser Honorable Ross Kagawa Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro The meeting proceeded as follows: Chair Furfaro: Aloha, good morning. I would like to welcome all of you to the Deliberation and Preliminary Decision-Making of the County Council on the upcoming Operating Budget. I do want to touch on a few comments before we go forward and at the same time I want to thank everyone and the staff who made this weekend so successful for the 100th Anniversary of the building. We had a number of blessings, the food was tasty, the music was excellent, and we had over a hundred and seventy-two (172) people that came for the presentation of the actual history of the building. It was a very successful anniversary. We kept a guest book, so we have something to share with the next 100 years. On that note, I want to say thank you to everyone. Before we begin, I want to remind everybody that I will be making a small introductory presentation and turning the meeting over during the presentation to Mr. Rapozo, the Vice Chair of the Committee of the Whole. I will be giving the Mayor some time to speak as well but today is really the start of decision-making on the Annual Operating and CIP budget for the County of Kauai. The second and final reading of the budget will be held in just over two (2) weeks on May 28 but the Council should be able to come up with an understanding of the budget agreement. If not, the Mayor's March 14 budget submittal will go into effect. It is our responsibility as Councilmembers to finalize the budget and negotiate a conclusion that both works for the County of Kauai for the people as well as for the Administration. However, due to the changes in the revenue from the Transient Accommodations Tax (TAT) and depending on the Council actions regarding the revenue proposal, the March submittal would not accurately reflect the balances and the budget if we do not reach an agreement. I do not want to spend July and August with a flood of money bills if we cannot come to an agreement today and that is exactly what will happen. I am saying to all who are here as well as the Council, this is our duty and responsibility to come up with the responsible financial figures for our Operating and have an accurately reflected budget for this County. There are some challenges facing us and I want to be sure that Councilmembers are aware of those items and the different potential scenarios especially when it comes to revenue. I do understand that in the Mayor's presentation we will have a better picture of the trends that were indicated to us as it deals with the allocations. Perhaps Steve will bring us as current as he possibly can but that in fact is the decisions DELIBERATION & PRELIMINARY DECISION-MAKING 2 MAY 12, 2014 and presentation that need to be made at the start of the meeting so that you are all well informed as it relates to our retirement system. Again, that is not the perfect timing but that is the timing that we have. They change from a trends analysis to an actual. To the Mayor and Steve, we are anxious to hear your final conclusion on that as it relates to retirement system and our Other Post Employee Benefits (OPEB). Again, I just want to reiterate, it is important that everything we discussed over the next two (2) days; it gives us some realistic numbers that they are in fact obtainable to commitment and dedication for the Operating Divisions here. The proposed cuts, should they exist in the next two (2) days, should also reflect items that are realistic and obtainable. On that note, Mr. Rapozo, I would like to make a presentation on the opening again. I will turn the floor over to you. Chair Furfaro, the presiding officer, relinquished Chairmanship to Mr. Rapozo. Mr. Rapozo: Thank you, Mr. Chair. The floor is yours. Chair Furfaro: The first one is self explanatory. The first sheet as it relates to Real Property Taxes, I would like to make note that in comparison and comparison, the County has had a reduction in property loss of revenue to the tune of seven point eight million dollars ($7,800,000) as it relates to comparisons through the period of 2008 and 2013. 2008 as you all know is where we peaked, but at the same time I would like to provide an acknowledgment to the whole Council for the period of 2008 — 2013, we did during that period, cap primary residents owner-occupied property which gave about fifty- one million nine hundred thousand dollars ($51,900,000) of Real Property Tax relief to the taxpayers over the period of time. Next slide. We also reacted to three (3) Charter Amendments and I want to point out to you again, the Charter Amendments are mandated to us by the voters, these are the items that the Charter Amendments created. A stand- alone Parks and Recreation Department in the 2006 Charter Amendment that also over that period of time has actually increased the expenditures for the County of Kaua`i by about fifty-six million dollars ($56,000,000). We also by Charter Amendment, prepared by the voters, added the Office of Boards and Commissions in 2006. That added four point eight million dollars ($4,800,000) in costs through those periods. Finally, the Office of the County Attorney in the Charter Amendment of 2008, which added four point one million dollars ($4,100,000). As you can look at the last year on the chart there for 2013, you can see those Charter Amendments that mandated changes through our County operation as the corporation of the County of Kauai on the yearly averages of those increases. By action of joint efforts by both the Administration as well as the Council, the Transportation Agency, which draws from the General Fund, extended bus services around the island, and these increases compared to the 2008 budget, added about two million five dollars hundred thousand dollars ($2,500,000) annually. Next, there were large non-bond fund capital improvement projects that were identified and I have listed those here as they are direct benefits to the community, and added to our assets for projects that were greater than five hundred thousand dollars ($500,000). This included Cultural Works from the Heiau in Po`ipu to the ongoing projects with Kekaha landfill expansion, Kilauea Bridge, and the Piikoi Building renovations. Next slide. Gentlemen, I think these numbers are pretty small but you can see over this period of time from 2008 the growth, and this is in your worksheets, you can see the growth by the individual Departments across the board for this last six (6) year period. This is for your comparison and it covers all of the general operating Departments. There are some additional explanations as it relates to the Transient Accommodation Tax amounts that we have lobbied for with the State. The losses in the three (3) years... that we agreed to the cap for three (3) years thinking that this year we would get back to our original allocated amount was substantial each year. From seven point five million dollars ($7,500,000) in year 2012 to ten point four million dollars DELIBERATION & PRELIMINARY • DECISION-MAKING 3 MAY 12, 2014 ($10,400,00) in year 2013, and an estimated nine million dollars ($9,000,000) for 2014. We have well over twenty-seven million dollars ($27,000,000) of decreases and anticipated revenue and hopefully we need to just continue to lobby for our fair share of these TAT costs. On Real Property taxes I want to point out to you and it should be known, there had been no changes to the Real Property Taxes between Fiscal Year 2009 — 2012. I want to repeat that with all of the reductions and revenue and the Charter Amendments that added operational functions to the County there has been no real change in Real Property taxes from 2009 — 20012. I want to compliment you because I think that is quite an accomplishment during that period of time. I would also like to point out in Fiscal Year 2013, the Council decreased the homeowners tax class by thirty-five cents ($0.35) on building and we decreased ninety-five cents ($0.95) on land and that was in the homestead category which is the primary category for owner-occupied property. We increased only the single-family residential tax class and only on land by ninety cents ($0.90) and these are for homes that are not owner-occupied or sometimes secondary homes owned by mainland seasonal visitors and rentals. We have in the past year increased the hotel and resort tax by thirty cents ($0.30) on building and twenty-four cents ($0.24) on land and that was in 2013. There were no real changes during the period of 2009 and 2012. Again, this is just some history, but we do know at this point that we do have a proposed two dollars ($2) increase on the hotel and resort categories. A very important piece in FY 2014, we transitioned to a single value tax rate structure. So we no longer calculate the taxes on land and building separately. From 2009 to 2012 there have been no changes in Real Property taxes however the Administration and the Council continued to add projects that were done without raising taxes. I think that is something we do not say enough about. At the same time we gave substantial breaks on property owned by owner-occupants. As we go to the decision-making schedule, and I want to make sure again that we give the Mayor and Steve appropriate time to comment on their supplemental communication which came to us over the last week and I would allow time for that today. We also agreed to use the Mayor's supplemental budget as a starting point and except all changes between March and May before decision-making begins. I want to make sure I say that again, we are going to operate over the Mayor's supplemental budget as it was submitted this time and the changes that were reflected between the March and the May schedule. Five (5) votes are needed to add and four (4) votes are needed to delete. Pursuant to the Kauai County Charter, the Council must pass the budget on final reading on June 7 otherwise the Mayor's initial budget submitted on March 14 goes into effect. Decision-making schedule. We have to take these into consideration upfront and I want to share that with you because we have to have an understanding at the workshop about these particular revenue opportunities even though they will be voted on later in the week. The revenue areas that are important have discussion and have an understanding of where the votes are going and that is just the way the schedule worked out here; Motor Vehicle Weight Tax, Solid Waste Tipping Fees, the Public Access Open Space Natural Resource Preservation Fund, planning for the TVR certificates, which is a proposal going to the Planning Commission, and Real Property Taxes. I do not plan to revisit all of these particular parts too often today but I want an indication. Yes, Mr. Bynum. Mr. Bynum: Just a process question. I believe that it is essential that we discuss Real Property Taxes after decision-making on cuts and adds. That is how we can balance the budget at the end. These other ones, I agree, we can deal with upfront but I strongly urge that we save property tax decision-making for after we know what the budget is and what the expenditures are. DELIBERATION & PRELIMINARY • DECISION-MAKING 4 MAY 12, 2014 Chair Furfaro: JoAnn. See if you have the same question as Mr. Bynum, I will answer it with one answer. Go ahead. Ms. Yukimura: I just wanted to say that when we come to the Public Access Fund, I will be talking about property tax rates just under necessity. As long as we understand that and I presume that is okay because... Chair Furfaro: I presume both of you just said exactly what I intend to happen during this decision-making. There are no reservations here. Property taxes, revenues, and so forth —what I am pointing out on the board here is these bills are not in their final reading until Wednesday, but if you make a commitment here to me right now, a Nana koko lele if you change your mind because we are going backwards. Ms. Yukimura: Totally. I understand. Chair Furfaro: That is what I want you to understand. Because if we do not have an understanding here and we get to Wednesday and your vote is different, this whole budget no can. Tim. Mr. Bynum: Thank you for the dialogue and we are going to probably have a very different spending picture at the end of decision-making and when we know what the decision-making...what is about expenditures then my position on Real Property Tax will probably change based on that outcome. I just strongly request we save that decision-making for the final. The rest of these revenues, and I agree with you, the commitments we make here we need to be prepared to vote for it when we officially put it on record. But the real deadline decision (inaudible). I am just requesting that one portion of revenue be saved to the end. Chair Furfaro: Again, all I want to say is we have to have an understanding and then please if you commit to an understanding I expect you to commit your vote accordingly. Mr. Kagawa, did you have a question? Mr. Kagawa: I just wanted to reiterate what you just said, let us go through the process as we intend with our cuts and adds and if we want to have that discussion about revenues now that we see all the cuts and adds then I guess we can have it. But it may not be set in stone because people do change their minds. They can come up with amendments on Wednesday on Real Property Taxes, but for now, let us just stick to the plan and see how far we get. Hopefully, I would like to see us wrap it up in a day— all of this. But we will see. Thank you. Chair Furfaro: Mr. Hooser. Mr. Hooser: I just want to be clear on the process because there are a lot of conversations going. So, we are not going to be asked to vote on tax rates until after we know what the expenditures are, is that correct? Chair Furfaro: I am going to basically say again through the day we will be asking to have some commitments about the Operating costs, but to get us to start at the beginning I would like to know the status of where I think these bills are going. What I am saying is if we have this kind of idea of where these bills are going but then on Wednesday, we change our vote on them, it is kind of hard and we wasted two (2) days if there are major changes. DELIBERATION & PRELIMINARY DECISION-MAKING 5 MAY 12, 2014 Mr. Hooser: I agree with all of them. The are pretty straight forward except the property taxes because there are a lot more moving parts in the property tax discussion then there are on the other bills. Chair Furfaro: I would agree but I will be very honest with you right now, as I just painted for the members that have been on this Council, there is a lot of dialogue that seems to recognize that since 2009 this Council has not raised a lot of taxes since these periods and not understanding what has happened to the TAT until we have a clear picture right now. There are these financial pieces that have changed as to the contribution of what is going into the General Fund. But there is no problem of basically reminding ourselves that maybe it is in the situation that we have to visit some revenues that we have not visited for several years. Mr. Hooser: If I could respond? Chair Furfaro: Please, go right ahead. Mr. looser: I agree that at the end of the day there will have to be some revenue increases in the property tax but it is the amount and the various categories and it deserves a robust discussion and we only know what the target is after we do the expenses. I was going to ask you on your presentation, you said between 2009 and 2012 there were no property tax increase. Chair Furfaro: On certain classifications. Mr. Hooser: Right. Though you are speaking on rate increases and not net property tax increases to residents because... Chair Furfaro: Yes, you are correct. Mr. Hooser: So values did go up and property owners did pay more taxes during those periods. Chair Furfaro: What I did say Mr. Hooser, and I want to get this straight, the property tax assessments peeked about 2008 and then in fact property values went down no matter what happened with the rates. So, the values went down, the price assessments stayed the same, and in reality, taxes did not go up. Mr. Hooser: Okay. I wanted to be clear on that. Chair Furfaro: And that was the first part of my presentation on the net difference of those five (5) is about seven point seven million dollars ($7,700,000), values going down and rates staying the same. Now we are going the other way where values are finally recovering but our proposal has rates pretty much staying where they are except the hotel and resort. Mr. looser: Thank you for clarifying that because I think it is important. Mr. Rapozo: Mr. Chair, I am going to ask that you finish your presentation because we are starting to get into the dialogue of the decision-making. Can you finish the presentation and then we can come on back. DELIBERATION & PRELIMINARY DECISION-MAKING 6 MAY 12, 2014 Chair Furfaro: I have no problem agreeing with you. Mr. Rapozo: You only have a page or two left. Chair Furfaro: I did not want to ignore questions being asked. A couple of pages left here and to reiterate if you indicate to us where your decision-making is going to be on these revenue bills, it would be appropriate that you understand I expect you to be in the same place when we actually vote on the bill. As a reminder not supporting this revenue measures will mean that we will somehow need to identify other funds which really the only part we have would be the real property, and that was the comment that I was not able to complete before the questions and answers (Q&A). I want to say that all in all please consider again the proposed cuts, let them be realistic if you have cuts proposed, and at the same time if you are going to make a commitment about a revenue piece, but to add revenue I would expect that we have your vote during this workshop, and is the same vote that we are looking for when the bill actually comes in front of us. Just in closing again, the Administration will have to deliver some news to us as it deals with the actuarial. Steve had a very important meeting in Honolulu and he has to deliver that news to us. Those are trends if they adjusted the trends downward that would be favorable to us and again as it comes to some answers for some of these other particular parts, I have some worksheets for you — ten cents ($0.10) on all categories means adding about a million six dollars ($1,600,000) in revenue, twenty cents ($0.20) of course then means we are adding three million two dollars ($3,200,000) in round numbers. That is the amounts across the board on all categories including hotels again. Mr. Rapozo, I am done with my presentation. Mr. Rapozo: Thank you. Did you want to come back? Chair Furfaro: Yes. If you can invite up the Mayor and Steve. We have a question. Mr. Rapozo: Mr. Bynum. Mr. Bynum: I would like an opportunity to make some opening comments and how I am going to approach it and I think it would be very useful to hear from other Councilmembers as well. Chair Furfaro: It is your call. Mr. Rapozo: Let us do the...when we come back in session we can do the discussion part. For right now, I would like to stick with the schedule and when we reconvene as a full Council, we can then have that discussion. I do not have a problem with that at all, just that I want to stick to the schedule otherwise we will be here all night. Mr. Chair, I will turn it back over to you at this point. Mr. Rapozo returned chairmanship to Chair Furfaro. Chair Furfaro: Welcome Mr. Mayor. There being no objections, the rules were suspended. BERNARD P. CARVALHO, JR., Mayor: Aloha and good morning. DELIBERATION & PRELIMINARY DECISION-MAKING 7 MAY 12, 2014 Chair Furfaro: I am delighted to have you and your staff here as we begin the deliberation period. As promised in our correspondence, I will give you fifteen (15) to twenty (20) minutes or so to make some commentary. I would like to hear from the Finance Director on the outcome on the trends analysis as it relates to the actuals. Mayor Carvalho: First of all, good morning Chair and members of the Council. Mahalo for the opportunity to speak. I appreciate the presentation that you presented Chair on some of the areas that we all talk about numerous times over and over again. Now we are here to look at our supplemental budget and get into the details of it. I wanted to have a chance to just give an overview, and then of course our fiscal, along with Steve and Ernie who will give us in depth information. I also wanted to thank Chair and the Council for a wonderful event this past weekend. I got to attend and it was a really nice celebration — 100 years...very successful. I understand the tours went well. So, that was really good. Anyway, several significant things have happen that influence our decision- making while developing the supplemental proposal and believe me, we have rolled up our sleeves like I said and we are going to try to figure out how to address the issues before us, received and used with our bond rating from Fitch has been downgraded. There were several reasons why this happened but the basic underlying problem is that our revenues and our expenses are just not in line at this time but we foresee us working together and making it better for all of us. And of course our annual operating budget is not sustainable. We are trying to see how we can make it sustainable. Second, our share of the TAT obviously was not restored to the extent that we thought it would be, so that put another big wedge into what we had to do to discuss the issues. This leaves us little room to add new expenses or reduce the proposed revenue enhancements. So more than ever, we feel that the basic premise of our March 15 proposal was prudent and necessary; however, I would like to go over just two (2) major changes and then turn it over to Steve folks to go into the specifics. In our supplemental proposal, we reduced our operating expenses by an additional one million dollars ($1,000,000) including dollar funding seven (7) positions that are currently vacant. Based on above cuts and recent EUTF estimate cost, the amount we budgeted in the May submittal for employee health benefits will now fully fund our obligations. While you have very tough decisions to make, we stand ready. Our whole cabinet is right behind me ready and willing to answer any questions and concerns you may have. We have gone there, met with you one by one, we have come across to give you information as much as we could, we submitted our budget on May 7 to give you time to look at it as well, and so I am very ready to talk and see how we can move forward. I know you folks have your sessions and information to do but just know that we are ready to assist in any way we can. With that, that gives a brief overview, I will turn it over to Steve to get into the specific areas. Steve. STEVEN A. HUNT, Director of Finance: Thank you, Mayor. Council Chair, Vice Chair, and members of the Council, Steve Hunt, Director of Finance for the record. The primary goal that we set for ourselves at the Administration was to fully fund our OPEB requirements. At the time we submitted our March submittal, that unfunded balance was about four point five million dollars ($4,500,000), we were only funding about seventy-three percent (73%) of our obligation. Naturally we were a bit disappointed at the amount of the TAT revenue that was allocated to the Counties during the Legislative session. Kaua`i County had been hoping for an increase of about ten million dollars ($10,000,000) which would have been removing the collective County's cap of about ninety-three million dollars ($93,000,000) and restoring it to...currently it is at about a hundred and sixty-five million dollars ($165,000,000) would have been the total share of which Kauai County would have been approximately twenty-three million dollars ($23,000,000) of that. However, the fallback that we had anticipated was at about seven and a quarter percent (7.25%) of the TAT revenue as opposed to nine and a quarter percent (9.25%) which would still resulted in DELIBERATION & PRELIMINARY DECISION-MAKING 8 MAY 12, 2014 about five million dollars ($5,000,000) in additional revenue for the County of Kauai. The primary reason the March 2015 submittal was underfunded, the OPEB, was that it seemed like a reasonable assurance that we would be made whole with the bottom of five million dollars ($5,000,000) and a ceiling of ten million dollars ($10,000,000) from the TAT. Again, we were somewhat shocked at the decision to allocate only one point four five million dollars ($1,450,000) and the Mayor and Councilmember Rapozo was there. I think Councilmember Rapozo and I are probably still have some rug burns on our chin from our jaws dropping so far. But it is what it is. So we had to come back with the continued goal of trying to fund OPEB. The tax increases that have already been proposed, the vehicle weight, solid waste tipping, TVR registration, properties classified as hotel having an increase with the tax rate combined with the underfunding of the Public Access Open Space to make up the four point five million dollars ($4,500,000) OPEB difference, we really were looking at budget cuts from operations as well as relooking at some fund balances that still were available. In our May 7 submittal this year, the additional net revenue was about eight hundred and fifty-five thousand dollars ($855,000). Of that, the TAT was one point four five million dollars ($1,450,000) plus our revised projections on transportation on the bus based on how they are trending currently, added another hundred thousand dollars ($100,000) but we also realize that in our March submittal we had a million one thirty-eight thousand dollars ($1,138,000) in the bond subsidy which is a fund balance and we actually did not have that fund balance available. It was anticipated fund balance which is again writing a check that we do not have the funds to cash. Based on the revised estimates we had to draw that down from our revenue projection by six hundred and ninety-five thousand dollars ($695,000), so the combination of that really gives us only eight hundred and fifty-five thousand dollars ($855,000) in new revenues between the March submittal and the May submittal. To achieve, again, trying to fully fund our OPEB, we went back to the budget. We looked at unassigned fund balances. There were about a million fifty-four thousand dollars ($1,054,000) that was transferred from unassigned fund balance to get us closer to budgeting. We did have a reduction of about a hundred and ninety-two thousand dollars ($192,000) from other fund balances. There were over a million dollars ($1,000,000) in net reduction from operational expenses. In fact it was closer to one point three four million dollars ($1,340,000) in cuts but we did have some adds to net out. So, over a million dollars ($1,000,000) in operational expenditure cuts and the overall result is a budget that is approximately six hundred and sixty-three thousand dollars ($663,000) higher than our March submittal. But that also includes an additional two point seven two million dollars ($7,200,000) in OPEB funding. The May submittal as we knew prior to Friday was going to fund nearly ninety percent (90%) of our OPEB obligations still leaving us about one point seven million dollars ($1,700,000) short. As Chair mentioned I attended a meeting on Friday with the EUTF Administrator and our actuary's from Dallas Texas. We went through each Counties reports looking at the funding that is going to be required. Again, we started funding it in 2007. It is essentially a thirty (30) year mortgage to get us whole to build that endowment that will cover our unfunded liability. Based on several factors which included a lower than anticipated Rx drug costs, continued high levels of Federal subsidy for the medicare part "B" and a strong equities market, the OPEB payment for what we call an Arc both consists of two (2) parts, a pay as you go which covers your current employees plus their portion on the future liability, as well as the current retirees that were funding the unfunded portion. That was reduced based on performance going from about twenty-three percent (23%) of our fringe and salary cost down to twenty point three percent (20.3%). Again, that savings was about a million seven hundred thousand dollars ($1,700,000) which now brings us to a fully...with the submittal we submit with no changes, we are now based on the actuary report fully funded in OPEB. I feel that continuing to fully fund OPEB is critical to achieving another objective which is developing an operational budget that is structural balanced and sustainable over DELIBERATION & PRELIMINARY DECISION-MAKING 9 MAY 12, 2014 time. In getting into the details of our cuts, the cuts to the operating expenditures, the largest amounts were in vacation payout of about four hundred and fifty-four thousand dollars ($454,000). About three hundred and seventy-seven thousand dollars ($377,000) in regular salaries, a hundred and seven thousand dollars ($107,000) in overtime and about eighty-five thousand dollars ($85,000) in leased vehicles. These cuts include, as the Mayor mentioned, seven (7) more dollar funded positions since our March 15 submittal bringing the total dollar funded count to nineteen (19) dollar funded positions. Also, six (6) more short funded positions bringing the total of short funded count to eleven (11) positions. Again, speaking about the vacation payout this essentially creates a moratorium because the funding for vacation payout will no longer be a budgeted line item in terms of a specific line item but will actually be funded by the retiring or departing employees annual appropriation for their salaries and benefits. So if they have accumulated vacation or comp- time payout, it will be funded from their positions which mandate you cannot fill that position until you make whole the obligation for vacation payout. Regular overtime was another area that was cut primarily by the Fire Department and I guess as the Director of Finance, I oversee the overall County budget, of course along with the Budget and Purchasing Director Ernie Barreira, and our two (2) superb budget analysts Anne Wooten and Ken Shimonishi, but I also prepare and implement the budget for the Department of Finance. I am aware that an updated vacancy report has been provided to Council for your review and that positions that remain vacant but funded could very well be on the chopping block. Speaking in my capacity as the Department Head and probably for the Department Heads behind me this morning, the goals and objectives that were presented during our April budget presentations are dependent on having adequate staffing. Similarly, providing customer service to the public, answering Council's inquiries, completing scheduled projects, maintaining regular business hours, and keeping overtime to a minimum are all predicated on a level of staffing that is being budgeted currently. If certain positions are not filled, I can assure you that there are pockets of work that simply probably will not get done in FY 2015. This does not include any future work or requirements that may arise from Ordinances that may have yet to be enacted. As you review the Countywide position vacancies, I urge Council to be careful in considering the potential ramifications of these cuts. While I fully understand that increased taxes and fees do not sit well with our constituents, I also feel that we need to adequately fund the costs of government services to avoid these increases. Council within their discretion certainly can reduce the OPEB contributions, raid what is left in our (inaudible) fund balance, dollar fund remaining vacancies, to get a balanced. Budget but it does not provide us a means of getting towards a structurally balanced budget. If we do not position ourselves with rates and fees that are commencer with our peers, making it more difficult and costly to fund a project such as the lateral expansion of the landfill and the Material Recycling Facility (MRF) and other infrastructure costs, I feel that we will have a very long road ahead of us. Mayor Carvalho: Also Chair, just using your word, "a hang koko lele," I never heard that for a long time but that kind of reminds me of some of the decisions we got to make. I just wanted to be sure that if there are any major types of cuts or decisions that have to be made that you give us a chance to explain the services that could be impacted. I know you know that so thank you for the time. Chair Furfaro: Thank you. Just a couple questions for you. First of all on OPEB, I want to make sure what I am understanding here, on the March submittal we were funding it seventy-three percent (73%) and we were short four point seven million dollars ($4,700,000). Then after the submittal that you had given to us, we were still short two point seven million dollars ($2,700,000) but we were now funding eighty-nine point nine percent (89.9%) and with the recent trends analysis and the Arc DELIBERATION & PRELIMINARY DECISION-MAKING 10 MAY 12, 2014 reports, we are going to get that million seven covered so we are going to be one hundred percent (100%) funding again our employee retirement system? Mr. Hunt: That is correct. Chair Furfaro: I just wanted to say congratulations. I know it is a Friday going over there and spending time in Honolulu to go through our county personnel but thank you so much. The TAT I want to say, nobody is more disappointed than myself because I thought we had an understanding from the House, but we need to be lobbying every day so we can go forward to make sure that the State understands the importance of our fair share. We have funded on my time an additional seventeen (17) lifeguards for the beaches. We have done a lot of things and need to do even more with public safety which is related to also our visitor responses, and we need to be very constant on that message. Thank you for the current staffing reductions and we do have the May 9 report and I am also proud to say that the Council sacrificed a position as well to get you there with a fulltime position. I am wanting to make sure we clearly understand the vacation payout that you taken off the credit of the payroll liability. You are basically saying to us that when someone is planning to retire and if they got nine hundred and sixty (960) hours in the bank or seven hundred and twenty (720) hours, you are sending them on vacation before the conclusion of their employment and there is no real money left or carryover for cross training that persons replacement? Mr. Hunt: That would be an accurate statement although it could also work that they could leave with vacation and then we cannot fill with the length that they... Chair Furfaro: Understood. I want to make sure that there is a little issue with continuity there. What is our current position with our actual reserve? Mr. Hunt: We have two (2) reserves. The first is the unassigned fund balance. Chair Furfaro: Yes. Mr. Hunt: We will be leaving approximately, I believe, it is four hundred and thirteen thousand dollars ($413,000) in there. Chair Furfaro: Four hundred and thirteen thousand dollars ($413,000)? Mr. Hunt: Correct. Chair Furfaro: Okay. Mr. Hunt: And then the committed reserve with the appropriations that are in the current submittal, we will be funding a total of about three point six million dollars ($3,600,000). Chair Furfaro: Okay. I want to thank you very much for the very comprehensive review. Let me see if I have other comments from other members. I also want to say with the bond rating we still only heard from Fitch. We have not heard from Standards & Poor in writing in a document, am I correct? DELIBERATION & PRELIMINARY DECISION-MAKING 11 MAY 12, 2014 Mr. Hunt: Moody actually did their review in the summer. So, I do not think we are having a secondary review within the year, so there has been no movement. I do not anticipate a movement until the next review potentially. Standards & Poor recently got a questionnaire filled out and there has not been any follow-up but they are certainly aware of the Fitch rating. So whether there is going to be follow-up or a reduction in the rating downgrade is yet to be seen. Chair Furfaro: And then the last one before I open it up to the other members, I do want to...if there is an incremental increase and we replenish the Open Space Fund, I do want to say that I think that goes towards our bond rating as well because they see this money there for acquisition of land which then leads them to determine that we either have money or we have enlarged our asset holding and that should go to our favor. Mr. Hunt: On the first part of that question, no, they actually do not look at that as available funding because it is a specific use fund. It cannot be for other obligations. But on the second part, yes, it is an increase to our asset based on the fixed asset side so it does expand the value of our holding as a County. Chair Furfaro: So it would increase our review of our total assets but they do not look at that account as being cash available? Mr. Hunt: Correct. It is not a positive influence on our Fund Balance. Chair Furfaro: Even though it would go towards acquisitions of assets? Mr. Hunt: Correct. Chair Furfaro: Okay. Thank you very much. I will go around the table. Mr. Bynum. Mr. Bynum: Hopefully, we are all going to get five (5) minutes to talk about our approach to the budget. Chair Furfaro: You are all going to get five (5) minutes. Mr. Bynum: So, I will just say that Mayor, I have not objected to your spending proposals since you have been Mayor. I think they have been prudent and reasonable. I believe they are, this year, as well. It is always been your approach to revenues that I disagree with, respectfully. This time your priorities about what we do with any additional revenues, I hear very strong priority to fully fund OPEB and pride in that. I hope during this discussion we talk about what the impacts of all of the cuts both short- term and long-term. I will just say that my first look at OPEB, I had the same reaction that everybody else did. I was like, `oh my gosh, if we come to that..." right, but now I feel differently about that and I hope we have some time to discuss some specific questions. The Chair answered one that this new approach to overtime. I understand it from a budgetary position but from an administrative position, or vacation pay, I am sorry, can results in whole positions on hold and no...I thought we were going to try to move to the other way where we can have continuity and training and actually fill positions while the current position is in place for training purposes. This is going for...in terms of being able to efficiently administer the County in the wrong direction I believe. I understand that is part DELIBERATION & PRELIMINARY DECISION-MAKING 12 MAY 12, 2014 of the budget proposal now but I hope it does not stay that way. I just wanted to make those comments. You said we needed to charge rates and fees commencer it with our peers. I agree with that but this year is the Mayor's first ever property tax revenue proposal in the entire time that he has been Mayor, I believe that is true. It comes kind of late in the game, Mayor. The public record will demonstrate that revenue proposals to stem the loss of revenue were not forthcoming, right, but I understand that and it is good. That is your position and I think that will be part of the discussion this year. Last thing I want to say is, I will make some comments about the reality and history as the Chair has of how we got in this hole but I want to move forward. That is water under the bridge. We are where we are at now. I want to make sure that when that information is put out, that it is accurate. So I can see me interjecting if people want to rewrite history that is not consistent with the public record and what actually occurred — the CAFR, for instance. Again, I said your spending proposals, I think, since the day you have been Mayor have been really good ones and I will largely support it and I intend to do that this year. Thank you very much. Chair Furfaro: I want this time for questions. I am going to give you your five (5) minutes for comments. Questions? Ms. Yukimura: Good morning. Thank you for all your hard work because it has been a hard budget. My question is about your vacation pay policy. It seems very counterproductive especially as Councilmember Bynum has said that we have been looking to smooth the transition between retiring employees and incoming replacements. Then again, Mayor, your priority is consumer service and it is going to affect consumer service when we have these huge gaps in service and availability of County personnel. I am wondering if...what that seems to be doing is pushing the priority of customer service and succession planning to a much lower priority then say OPEB funding or raising taxes. Is that a wise decision? How can you justify that? Mr. Hunt: Councilmember Yukimura, I think one of the challenges is not necessarily the funding but the structure of civil service. Unless you actually have two (2) positions of the same title available, you need to do the recruitment. You cannot hand select your incumbent. So you would have to be able to have a position available and pay them at the level it is even during the training process. So, that is something that is inherently difficult in civil service to begin with. So, if you have a manager that is retiring, you cannot just look at your staff below you and say, "I am going to select that person as a manager," until the position is available. Even if we had the funding still in there, we still have some challenges just based on how civil service works. Ms. Yukimura: That is exactly my point. You already have that challenge, why are you making it harder? What are we doing to change the civil service system because we have to keep improving a system if it is outdated and it is not working for better succession and better customer servicing? Who do we not change it? Mr. Hunt: And that is a much larger question then the County of Kauai. Ms. Yukimura: I know but we are about making the change that makes the difference, right? Mr. Hunt: Let me first answer your first portion of your question. You talked about the gap between someone who is departing. That is making the assumption that there is a lot of vacation payout left. Some people do decide to use them throughout the year when they are retiring that year so there may not be from the time the DELIBERATION & PRELIMINARY DECISION-MAKING 13 MAY 12, 2014 position opens, they may have already taken their vacation or have a smaller payout then it would be at the full seven hundred twenty (720) hours that is allowable. Ms. Yukimura: What is the percentage of those cases? Mr. Hunt: I do not have that figure available. Ms. Yukimura: I do not think that they are common. Mr. Hunt: But I sign off on a lot of...my Department of Finance employees in terms of their approved vacation right now, the higher ones are definitely not the norm. Most people are using vacations. Ms. Yukimura: Okay. So, that is going to make it a shorter period, I mean... Mr. Hunt: To rehire. Ms. Yukimura: How long of periods will it be? I thought we were trying to close the gap. Mr. Rapozo: Let me just say that I do not believe there is any impact on the time to refill the position. What it does is it takes the salaries that would normally be in the line item for salaries and would end in the surplus and now you are using it for General Fund expenditures for this current year. I think it has nothing to do with... it does not change the effect of the hiring date. It is the same. The body leaves when the body leaves. In the old system that money, let us say it takes six (6) months to hire someone, we had a budget item for vacation and we had a budget item for fully year funding. That is six (6) months that you did not have a person would go into the surplus. So what they are saying now is that they are transferring that money into a vacation payout line which freezes out that money for us to use. I think it is a fabulous idea. I think it is the right way and it takes away from our surplus at the end of the year but if we were trying to get to accurate budgeting, that is the way to do it. Thank you for thinking that and making that happen but it has no impact on the hiring fund at all. Ms. Yukimura: Okay, then I stand corrected if that is the case. I am not... Mr. Rapozo: Well, that is what I was told. I am hoping that is what is happening because that is what I was assured and if it is not, please correct me right now. ERNIE W. BARREIRA, Budget & Purchasing Director: Good morning. That is correct, sir. Also what should be considered is that we have left over two hundred thousand dollars ($200,000) within the Department of Personnel Services for this very purpose. So, if we had a critical situation where we needed to fill immediately and had to utilize the money elsewhere to fund the vacation payout, we still have that flexibility within the budget. Ms. Yukimura: Thank you for explaining that. I was not aware of that. Basically the main impact is decreasing the fund balance at the end of the Fiscal Year? I mean you do not have as much lapsing at the end of the Fiscal Year? DELIBERATION & PRELIMINARY DECISION-MAKING 14 MAY 12, 2014 Mr. Hunt: Potentially. Because if you are now using the salaries and fringe to pay off...instead of having two (2) line items, you are using one (1) to pay off that same expenses accrued to the County which then reduces the lapse of funds that would have been in fringe and salaries for that employee when you rehire. Ms. Yukimura: And there is the case that if there is a huge vacation payout that you would go beyond the period that it takes to recruit. No? Mr. Barreira: That is possible. The ability to recruit and fill that vacancy could be longer than normal but generally speaking as DPS has made tremendous strides in more expeditiously filling positions and they shown that as evidence this year especially the Police Department. But essentially you could have with large seven hundred and twenty (720) hours plus twenty-one (21) days to be carried over if you retire at the end of the year, the payout could be extensive but once again we have that two hundred somewhat thousand dollars still available to us for those certain situations. Ms. Yukimura: So it will be your policy then to use that money to ensure that there will not be any additional delay beyond that recruitment time? Mr. Barreira: One of the things that the Managing Director talked about during her budget presentation is the creation of this Vacancy Review Committee. We are going to diligently commit to this process so that we can conduct analysis about positions that vacate to determine alternatives of what can be done; filling, re-describing, or perhaps making a decision that we can leverage other resources and not have to fill every position. It is about the sustainability. We have been talking about revenue and expenditures. I think that evaluation process will help us determine in what direction we go, but in order to be sustainable we not only need to look at revenue enhancement, we need to look at our cost situation and make prudent decisions where that could be adjusted as well. Ms. Yukimura: I totally understand that and I think the vacancy review process would be very helpful because if you see the position is very critical to customer servicing that you cannot...the County would not be advised to just let that position stay open for a long time. You could use that two hundred thousand dollars ($200,000) fund or do whatever it takes to accelerate a quick hiring. Mayor Carvalho: Let me just say overall, with the Human Resource Department moving in the direction that we are going, the people there are trying their very best to look at it and focus on moving the process quickly in a very efficient and timely manner. I think that is the biggest part there. The commitment, I want to make sure is still there to of course look at the customer service report and we have shown you folks in many different instances where our Departments have brought in new people. We were able to work closely with Human Resources, and we work very hard on getting those recruitments pieces out and moving. So, with this whole new Department structure and the people there, the commitment is there and we are going to keep moving. We have to look at every single way possible and this is just another opportunity for us to look at how to meet the need of this budget. Ms. Yukimura: Well the expeditious filling of vacant positions has been long awaited and we are really glad to see that happen because it is one of the most important ways you can support all the different Departments in their work. We appreciate that. My other question then is, this issue of keeping an adequate reserve and DELIBERATION & PRELIMINARY DECISION-MAKING 15 MAY 12, 2014 also getting a good rating from the Bonding companies, how do you weigh that against a full OPEB? Or is there any real distinction between the two (2)? Mr. Hunt: There is. I think you have to consider this in all terms because we do as a budget serve multiple masters here. An obligation is much like if you had the choice of paying your rent or in this case an obligation would be a mortgage. If you had a mortgage but then you also have utilities. Your obligation is the mortgage first, because without that you are evicted. So you do not have the funding to pay everything, you have to make those tough decisions which utilities you may not be able to do without. I view OPEB as an obligation— this is something we have to pay. Maintaining fund balances and a good bond rating, credit rating for the bond certainly is a goal that we want to strive to, but it is not an obligation. There are costs associated with not doing that and certainly going from an AA rating to an AA minus is probably going to cost us ten (10) basis points on any new feature leveraging for bond. Is it a deal breaker ten (10) basis points? Not that much relatively but on a large offering it could be in the hundreds of thousands of savings by having a better rating. One, we need to find out first when we are going out for a new bond issuance. We do not want to go out early because right now we will have to show where our repayment sources are going to be. We need revenue to pay for that bond so it is something we want to strive to certainly do before we do another bond issuance. How long it's going to take to build those adequate reserves is in question. Really it is getting to a structurally sound budget where at least not drawing anymore fund balances down first before we can move towards building that reserve. Ms. Yukimura: Okay. Thank you for a very clear answer. So what you are saying is the issue of reserve is not as pressing or eminent unless we are thinking of floating a bond this year or something that we have time to build our reserve and perhaps what is most important rather than actually building it right now to the sacrifice of other things is a plan that will get us overtime to a good reserve? Mr. Hunt: I think that is the more critical issue is getting a plan that gets us to building a reserve. Ms. Yukimura: Right. Mr. Hunt: Ideally I would like us to have a reserve but I do not think we are going to do that in any one (1) given year. Ms. Yukimura: Okay. Mr. Hunt: And if given the choice of sacrificing OPEB to build the reserve, at this point, I view OPEB as the more important obligation because every year we make that payment, we are getting closer and closer to reducing our balance of payments. At some point it is like having a home where you no longer have a mortgage on, and at that point we are going to have funding that is going to be available for a reserve. Ms. Yukimura: With one exception that is we are part of a bigger fund and if the other parties are not properly funding... Mr. Hunt: That is actually not correct. On OPEB we have our individual trust fund for OPEB. Kauai County is separate and we are actually with the exception of I believe the Department of Water that is actually funded a little bit ahead of us. We are the highest funded ratio of all the Counties. DELIBERATION & PRELIMINARY DECISION-MAKING 16 MAY 12, 2014 Ms. Yukimura: Thank you for correcting that. So it is on our pension fund and not OPEB that we are in jeopardy? Mr. Hunt: Yes. Ms. Yukimura: Because of other government entities not keeping their obligations. Mr. Hunt: Correct. Ms. Yukimura: So OPEB, we are firmly and legally safe? Mr. Hunt: Yes. Ms. Yukimura: So that makes more reason to fund it currently? Mr. Hunt: Yes and just to embellish a little bit on Friday's meeting, one of the questions that I raised because we had our Investments Strategist there as well is that if one (1) County reaches its goal faster than the other Counties, does the investment strategy change? Are we getting out of growth equities and more into stable funds because now that we achieved it, does the County of Kauai get treated separately. The reality is no because you still have future retirees coming on and it is always the number that is adjusted. But that was something I raised because they are individual trust funds Kauai County is treated as separately. Although they are invested in a pool, the actual accounting of it is separate. Ms. Yukimura: So we could work for a change to make the pension fund like that too? Because we are so vulnerable based on other jurisdictions lack of funding, I mean that is something that we can look into because we need to protect ourselves. Chair Furfaro: Excuse me, if I may? We have looked into that before, Steve. Mr. Hunt: Yes. Chair Furfaro: We have the documents that says, "they will not pool our pension fund," that is a very big concern. I shared that letter with Wally Rezentes and his response, "I will make sure I will get you a copy of that." Very, very important. Mayor Carvalho: Chair, I just wanted to say, both sides, we said we made a commitment to fund OPEB and I know we both said that from the beginning, right? And whatever way possible and we found a way and we are going with it. Ms. Yukimura: Yes, I appreciate that very much. Last question. Mr. Rapozo: I thought the last one was your last question, JoAnn? Ms. Yukimura: I did not say that. Mr. Rapozo: You did and I want to respect everybody's time as well. DELIBERATION & PRELIMINARY DECISION-MAKING 17 MAY 12, 2014 Ms. Yukimura: Okay. Mr. Rapozo: You said that was your last question...is it related in any way? Ms. Yukimura: Just a question on Moody's... Mr. Rapozo: Go ahead. Ms. Yukimura: Is Moody's timing such that it is based on old data that they did not have the current data that Fitch had? Mr. Hunt: No the CAFR was not released so it was on older data. I think they were prodding as to what our estimates were going to be but the CAFR had not been released at the time we did the Moody survey. Ms. Yukimura: So it is possible that Moody's...when time comes around for Moody's evaluation that they could downgrade us to... Mr. Hunt: Correct. Ms. Yukimura: Thank you. Mr. Rapozo: Thank you. I think the scenario is like credit reports—Experian...you know you got three (3) credit bureaus. Today you might check your credit bureaus and two might be stellar and one might be bad. It is just a matter of time. Steve, you and I both know that. It is just a matter of time before the other review boards make the same decision. It is what it is and we just got to deal with that realty. Chair Furfaro: Before I go to Mr. Hooser, I just want to say that I would have appreciated when I asked the question and you went silent without the vacation fund, what would you be doing for training money and you did not answer me on that two hundred thousand dollars ($200,000) line. But you know what, when I opened the door for you to give us an explanation, welcome, give us the information. Mr. Hooser. Mr. Hooser: Thank you everyone for being here. I know the budget is important to you. The most important thing we do probably during the course of our work. I am going to follow on the bond rating a little bit and I thank Councilmember Rapozo for using that example of credit report. Part of the discussion is for us to make good decision-making and I think a big part of it is for the public to understand how this decision is made and why we are in this situation where there are property taxes and other fees that will likely go up. So much of this is Greek, if you would, for many people. We talked about bond rating and Fitch and so using it as an example for a credit report, I think, is a good one. If you miss a mortgage payment then it is harder. It costs you more money when you go out to refinance and that is the situation we are in now. In looking at Fitch remarks, one of the drivers they say is, "persistent operating imbalance." I asked this question before and I would like to ask it again just to get it on the record, so what Fitch is saying, one of these bonds rating company is saying, is that we persistently do not have a balanced budget. When was the last time the County of Kaua`i, the Administration presented us with a balanced budget? DELIBERATION & PRELIMINARY DECISION-MAKING 18 MAY 12, 2014 Mr. Hunt: Just to answer the question, we present every year a balanced budget, now, structurally balance where you are not drawing down fund balances and reserves to make a whole your balance budget. I believe 2008 or 2009, was the last structurally balanced budget where we had sufficient revenues to cover our expenditures including transfers out to our enterprise accounts which is one of the larger draws. Mr. Hooser: So 2008 to 2009 and I believe Fitch, our bond rating agency would say that a balance budget is money coming on and operating funds...revenue equals expenses and does not include drawing down fund balances. I think that is the underlying key issue here. Mr. Hunt: They are looking at stability of revenues and expenditures with maintaining a stable level of fund balance. That would be their definition of structural balance. Mr. Hooser: So the County of Kauai since 2008 or 2009 has every year spent more money than they brought in through traditional revenue like property taxes as opposed to taking money out of your savings? Mr. Hunt: From operational revenue, that is a correct statement. Mr. Hooser: And we made up that difference from taking out of our balances. Mr. Hunt: Which is our savings. Mr. Hooser: I think is it important for the public to understand that, I really do. We talk about cuts and we talk this foreign language sometimes and I think that it is important that they understand that the County has done this. The Administration and members of the Council will justify that as to why that had to happen. But in fact, the County has spent more money than it has brought in since 2008 or 2009. We have our unassigned balance which is essentially our savings account, is that correct? Just correct me if I am wrong. That it is not dedicated to some other purpose. Mr. Hunt: Correct. There would be two (2). The other one would be committed reserve as well. Those would be the two (2) that would be more less unassigned balances. They are committed a little more stringent in that there has to be a purpose that is noted whether emergency or the stated purposes for that fund. Mr. Hooser: So, for emergencies, for example, if we had a hurricane and our economy was broken like it has happened in the past; for emergencies how much do we have now in the savings account that we could spend for emergencies? Mr. Hunt: In those two (2) accounts, yes, we would have based on the balance as presented in the May submittal, we would have approximately four hundred and thirteen thousand dollars ($413,000) in unassigned, and we would have approximately three point six million dollars ($3,600,000) in the committed. Mr. Hooser: Okay, so the unassigned is four hundred and thirteen thousand dollars ($413,000), we would have and we could use in a moment notice for emergency. DELIBERATION & PRELIMINARY DECISION-MAKING 19 MAY 12, 2014 Mr. Hunt: Correct. That would be moneys that would be made available prior to any lapse funds from the current operational FY 2014 December/January assessable, for the lapse funds that would go into unassigned fund balance. Mr. looser: And approximately in 2008-2009 what was that balance? Mr. Hunt: In all funds, I believe it was sixty-eight million dollars ($68,000,000) in all funds. Mr. Hooser: So unassigned funds... Mr. Hunt: In terms of unassigned and committed, I do not have those figures readily available. Mr. looser: Would it be ten million dollars ($10,000,000)? Mr. Hunt: I would have to research that. Mr. looser: So sixty-eight million dollars ($68,000,000). Mr. Hunt: I know the current CAFR says we have thirty- three million dollars ($33,000,000), but as you know only twelve point seven, eight (12.78) was actually available as unassigned of the thirty-three million dollars ($33,000,000) in fund balance. Mr. Hooser: Okay. Mr. Hunt: The last two (2) years eating at about eleven million dollars ($11,000,000) a year into our fund balance. Mr. Hooser: So if we had an emergency today, we would have four hundred and thirteen dollars ($413,000) to spend on plus we have the three point six million dollars ($3,600,000)? Mr. Hunt: Correct. Mr. Hooser: And you said that is committed fund balance. Mr. Hunt: Committed reserve which is actually for disasters. Chair Furfaro: Thank you for finally saying that. The three point six million dollars ($3,600,000) is committed by policy and ordinance for emergencies. Mayor Carvalho: Right. Mr. Hooser: So that is for savings account for emergencies, those two (2) figures right now? Mr. Hunt: Correct. DELIBERATION & PRELIMINARY DECISION-MAKING 20 MAY 12, 2014 Mr. Hooser: One of the reasons I bring this up is because I think there is more reasons to have a fund balance and savings then just the very important reason of our credit ratings, because even four million dollars ($4,000,000) is not going a long way if we had an extended downturn in our economy. It is just evidenced by the last five (5) years. Mr. Hunt: Yes. Mr. Hooser: So we had not had a structurally balanced budget according to Fitch's definition, and according to my definition since 2008-2009, is the budget the Administration is proposing today meet that criteria? Mr. Hunt: No. Mr. Hooser: Why not? Mr. Hunt: You are still drawing fund balance to balance the budget. Mr. Hooser: Why are you not submitting a balanced budget according to Fitch's definition and my definition? Why are you not balancing income and expenditures? Mr. Hunt: It would require incredible sacrifices and dramatic rate changes to get to that picture. We are slowly getting there but we are not there today. Mr. Hooser: And when will you be there? Mr. Hunt: Future budgets that we are looking at in five (5) year increments at a time, so we are looking to project out where we need to be. And there is also some of the revenue enhancements in terms of potentially even new class classifications that have yet to be delivered, so we are working on that as well. We anticipate having another movement in that direction with potentially additional tax classes coming forward. Mr. Hooser: Okay, so Fitch in their report also says, "an inability to restore General fund structural balance will likely add further downward rating pressure." So what we are saying is that our credit report is going to continue to get worst in terms of the bond rating, so we are in this downward spiral in terms of our credit rating and bond rating and we do not know when we will have a balanced budget. You said five (5) years? Mr. Hunt: No, we are looking at a five (5) year period for projecting out what our budget needs are going to be. Incorporated in that we also have to look at some of the six (6) year CIP projects and timing it to the financial needs for those. So as we go forward we will have to know when funds will be available, what types of funds will be needed, and associate the debt service with those funds that are going to be needed. So, we are not just doing an annual budget anymore but more of a budget projection for sustainability. Part of that will include again, additional revenue classifications for taxes, as well as what our needs are going to be. DELIBERATION & PRELIMINARY DECISION-MAKING 21 MAY 12, 2014 Mr. Hooser: I think it is important. This is the key element here. We have not had a structurally balanced budget since 2008-2009. We do not have one presented to us today, and so my question is when does the Administration expect to have one? Is it next year? Is it the year after that? Is it four (4) years from now? What is the plan? Mr. Hunt: I am not prepared to answer that because I do not have all the information as to what the next five (5) years ahead are going to look like. Mayor Carvalho: I think that question is good for both sides, both of us to understand. We are trying to find all different ways to manage this budget process from 2008 till today. Mr. Hooser: Right. Mayor Carvalho: And we share with you all the different ways that we try to be creative, and understand to the people watching that we done as much as we could and touched on very open areas as well. We are getting there. We have a strategy piece in place. We want to look at different areas. I remember in 2008 we were hoping that it would get better. We did what we needed to do and we tried to do what we could. But now we are here with the facts and figures before you and we are just hoping that it gets better. Mr. Hooser; So, we are hoping that it will get better and I hope that it gets better too. Thank you. Chair Furfaro: Excuse me just a second here. Can I have that Resolution please? Steve, this is the document here and I want to make sure we all understand. It is easy to forget what happens in the past but you made no reference to this Resolution. This Resolution is about spending down on some of the fund balances but it is also about building a reserve, am I right? Mr. Hunt: Yes, it is. Chair Furfaro: Okay. Basically it says that we would be at the point that Mr. Hooser is asking for when we have a reserve of about ten million dollars ($10,000,000), of which fifty million dollars ($50,000,000)... fifty percent (50%) of that would be set aside for the emergency account which would be given money accordingly for any kind of emergency. We are not there yet but this is the document that basically says as we move to build a reserve, we would keep fifty percent (50%) of it for operating cash flow and working capital. We will keep twenty-five percent (25%) of it for economic fluctuation and for budget stabilization. We keep fifteen percent (15%) of it for extreme events including disasters, and another ten percent (10%) as it relates to risk management. Is this the policy that we are trying to pursue? Mr. Hunt: It is very similar. I think the GFOA standards are even a little higher in terms of the revenue. We will probably be looking at about eighteen to twenty million which will be two (2) months of operational expenditures as the goal. Chair Furfaro: That is the GFOA standard, right? Mr. Hunt: Right. DELIBERATION & PRELIMINARY DECISION-MAKING 22 MAY 12, 2014 Chair Furfaro: And it would be a percentage of our operating budget, right? Mr. Hunt: Correct. Chair Furfaro: And it is also right here in this section of past budgets, it has a definition here as to what the current terms are to get us to that place. It is in the Ordinance. I cannot believe that you did not refer back to what is some of the policy grades that we wanted to have. Nadine. NADINE K. NAKAMURA, Managing Director: I just wanted to follow-up on Councilmember Hooser's comments. During our budget discussion and the Mayor's Office presentation, and you may have been out of the room at that time, but we did talk about the need to develop a five (5) year financial plan for the County. That is something we do not have in place but is something that we believe is necessary to articulate what are some of the needs in the future over the next five (5) years, what are some of the requirements based on collective bargaining, what are some of the assumptions about a rate of growth but also looking at where we need to make the cuts of what are the potential revenue opportunities. I think in the context of the Chair's Resolution and budget provisos, pull it all together so that there is a plan and a clear line of action or intent for the County on how we will balance this budget. It will take structural changes in every category you mentioned. I think we are going to need to collaborate with the Council in order to get a plan that we can all agree upon going into the next budget. Mr. Hooser: Thank you very much for that further explanation. I appreciate the fact that the Administration understands the value of having a five (5) year plan. It is just very frustrating to be at this point where we are at now with no reserves and no plan. So that is the frustrating from my position, but I am happy to hear that we are going to be working on a five (5) year plan. I would be happy to work on that with all of you. What the Chair brought up about the Resolution, I think is important. The two (2) most important elements it seems like our...the reserves but also to have a balanced budget in the way that our bond rating agencies and I defined it, the income and expenses is equal as can be and those are the two (2) things. I appreciate that we have a plan. I appreciate the commitment that you are making for this. Thank you. Ms. Nakamura: I just want to add one (1) more part and that is that Chair Furfaro pointed out that certain decisions were made about taxes and whether we were going to tax the public during a recession period. I think the decision was made to minimize those taxes to hopefully come out of the difficult financial times and we were hoping that with the lifting of the TAT, with better economic growth on the island that we would not have to increase the taxes during those hard times. Anyway, I just wanted to put that all in perspective as well. Chair Furfaro: Again pointing out there is a Resolution which I introduced, and that Resolution was incorporated in the proviso, which is the budget Ordinance. So, you folks should be following those pieces as well. Also, I think that this is very revealing on what happened to us to the TAT because we should have also received... I mean if we had the ten point eight million dollars ($10,800,000) that we thought we were going to have after we agreed to a three (3) year deferral, we would have a substantial amount of money to address public safety as well as rebuilding the reserve. We do have the policy in the Resolution and we do have the adopting of that policy in the budget proviso. Mr. Bynum, you have the floor. DELIBERATION & PRELIMINARY DECISION-MAKING 23 MAY 12, 2014 Mr. Bynum: I said earlier that I was not going to talk about the past unless it was to be corrected. These are facts that are in the CAFR and in the public record. The Council did not adopt a reserve fund when they had the opportunity. Taxes did go up during the entire period almost for resident homeowners, and they went down for everyone else during the recession. That is a fact. Fitch says that this is about erosion about our fund balances. OPEB is a concern, but when I met with the Mayor, I said, "no further erosion in our fund balances," and the submittal had further erosion in fund balances. No new revenue proposals. So you did get the message from some of us that further erosion in the fund balances was the top priority. Fitch has now agreed with us a hundred percent (100%). Those are facts. Currently, if I got this right, the Mayor's proposal if we adopted it would take our fund balances to about three and a half percent (3.50%). When your Administration argued for a fifteen percent to twenty percent (15% - 20%) reserve just a few years ago and when we had the opportunity to put that in place, we did this Resolution instead and this is my memory and this Resolution does not set a policy goal, right? But this is basically taking us to flat broke fund balance. Chair Furfaro: We need to move on from this. I want you to understand a Resolution is a Resolution. But that policy was put in as a proviso in the budget ordinance. Mr. Kagawa, you have the floor. Mr. Rapozo: Mr. Chair, I just want to make a point of order before Mr. Kagawa. Chair Furfaro: Yes. Mr. Rapozo: If we are going to use this time for discussion or commentary then I would ask the Clerk to run the timer because I do not think it is fair that some members are going around using this opportunity to make comments and philosophical points when it is supposed to be for questions. Chair Furfaro: I will say it again, Mr. Rapozo, and members, you have a question or you respond to a question, you will get your five (5) minutes. Keep it at that. Mr. Kagawa, you have the floor. Mr. Kagawa: Just to reiterate, I was hoping that we get done in one (1) day because I think it is a thin budget and you know if we just keep going round and round and do not stick to a plan then we will take more than two (2) days, actually. If we can all focus and work together and try and I think the ultimate objective is that we get through our plus and minus's at some point instead of discussing what our personal beliefs are. First of all, I want to thank you guys for finding the one point seven million dollars ($1,700,000) or getting the one point seven million dollars ($1,700,000) of OPEB resolved. I came in feeling happy actually because I heard that this morning and it was great news. It is one point seven million dollars (1,700,000) of cuts that we got before we even started cutting. I want to thank you for that. The vacation payout issue, and even if as Councilmember Yukimura said we do not have a successor coming in immediately, does that provide an opportunity for our County to look at possibly downsizing that area? Because if we are looking at being sustainable and balancing our income and expenses, I mean, it is Human Resources that needs to at some point be more efficient, smaller if possible, unless it means taxing more. Does that provide an opportunity to look at downsizing? DELIBERATION & PRELIMINARY DECISION-MAKING 24 MAY 12, 2014 Mr. Hunt: In fact there is a Committee now that is looking at all vacancies as they come up. That does provide us a window of opportunity to not only look at the vacancy in terms of its current function but whether it is going to be used in future functions as well. The fact that we do not have to budget vacation payout is a bonus on top of that because we are using the salary and fringe to pay that former person their vacation payout while we are looking at that position to see whether it is still needed in the current structure. Mr. Kagawa: Because the fact of the matter is a hundred percent (100%) of the people that retire maybe are not model workers, right? I know a lot of times they say, "big loss to the County," that certain person but on the same hand sometimes I hear, "thank you, he is gone," right? I mean that is not a hundred percent (100%) of our managers or even workers are modeled employees, right? Mr. Hunt: Again, I tend to look at it more on a position basis then a personal basis. But the reality is whether the work can get done with the personnel assigned and needed for that responsibility or whether that responsibility can be redefined in a way that technology can be used and not an individual. Mr. Kagawa: Exactly. I was thinking that even in the areas of... you may have a position such as a Planner that maybe we have caught up...we had the Planner and we planned it all out and you know at some point the Planner may be able to do the Manager job when it becomes vacant so it does provide opportunities of movement and possibly reducing workforce, right? Mr. Hunt: Yes. Mr. Kagawa: That is what I hope we work to because in our budget now that we are proposing, basically if I can summarize it, four point four million dollars ($4,400,000) will be coming from our visitors and tourist, right, with the real property taxes and the TVR fee? Mr. Hunt: It is actually quite a bit more than that. We are talking about the increases, the four point three million dollars ($4,300,000) plus the TVR fee and that is in the increase not the actual revenue. All the property taxes are still much higher if you look at what they are paying as a resort class or a vacation rental. Mr. Kagawa: Yes, that is what I meant in the increase, yes, and in the increase to the general public if everything passes, we are looking at the vehicle weight tax and the tipping fee. So, there are some increases that will be happening in this FY and that would be two point three million dollars ($2,300,000), right? Mr. Hunt: That is about right, I think. Mr. Kagawa: I just want Councilmembers to be aware that if you want to look at options to increase the visitors and the residents, they are already being asked to help with increases to our County budget. I think the way we have to look at matching our revenues and expenses is actually in areas of cuts and that is proven to be very difficult. That is why we are here and we are still not yet balance right? Mr. Hunt: Right. Just to add a little bit to...what we would probably more described as a user fee for some of the vehicle weight and tipping fee, that does go into again the strategic plan of how are we going to continue to maintain our road, DELIBERATION & PRELIMINARY DECISION-MAKING 25 MAY 12, 2014 paving, knowing we cannot use bond moneys that is R&M. We need to find the funding for that and it is either General Fund which is taxing and then moving it over to cover that or you are having a user fee saying we are going to increase or commit to increasing those sources that can get us moneys to do that specific task. Mr. Kagawa: Steve, if today I came up with more cuts then adds and I said OPEB is already taken care of, I want to put it into our reserve or savings, is that an option? Is that a good option for us? Mr. Hunt: It is an option but remember when you are doing the cuts, you have to look at which fund they are being cut from. They may not all be General Fund cuts so when you are looking at reserves specially if you want to cut out money that you want to earmark to put into reserves, make sure you are using the appropriate funds that those cuts are coming from. Mr. Kagawa: Okay. Chair Furfaro: And I want to remind us also, Mayor, the next time I give you the brief about fifteen (15) minutes or so, it is intended for you. If you are going to bring your staff up, I want to make sure you know you are subject to questions like this, okay? Mayor Carvalho: Yes. Chair Furfaro: Just so we understand if you choose to bring them up, you choose to answer the questions as directed. Mr. Rapozo. Mr. Rapozo: Total OPEB liability to the County is about fifteen million dollars ($15,000,000)? Mr. Hunt: I believe it is reduced to about fifteen million dollars ($15,000,000) now. It is fourteen point nine, five (14.95) or something like that... Mr. Rapozo: I know the Mayor talked about the commitment to refund OPEB but I believe that was because of the anticipation of getting the TAT. I guess my question is, and you touched on it earlier, about how important or how you believe that OPEB should be the mortgage or should be treated like the mortgage... but let us just say fifty million dollars ($50,000,000) for discussion purposes. A ten percent (10%)...because the State requires us to fund how many? How much percent? Mr. Hunt: Twenty percent (20%) of the "catch-up" payment, if you will. It was redefined as of Friday. I thought it was of the total because how they defined Arc, but actually it is the normalize cost that is not part of it. It is the pay as you go plus the catch-up, and that portion you are allowed to fund twenty percent (20%) of your catch-up payment. Mr. Rapozo: Okay. Mr. Hunt: So roughly if you took rough numbers seven and a half million dollars ($7,500,000), you could only...you could afford to go to twenty percent (20%) of that seven and a half million dollars ($7,500,000) by law but then you are just deferring that... DELIBERATION & PRELIMINARY DECISION-MAKING 26 MAY 12, 2014 Mr. Rapozo: Right, right. Mr. Hunt: You get behind on your mortgage payment basically is what it is. Mr. Rapozo: Right. And basically you are just paying the interest. Mr. Hunt: Not even. Mr. Rapozo: How damaging...because we are comparing increasing taxes which the public will obviously pay versus deferring payment on OPEB and let us just use a small amount of ten percent (10%) and so forth, saving a million or two here and there. But what is the damage of doing that? I guess my concern is that when you raise the tax, you reset the baseline for the taxpayer, so any future tax increases will be based on a higher baseline, that is just how it works versus total payment or repayment of OPEB next year. Say we went with ten percent (10%), we funded ninety percent (90%), and that would give us one point five million dollars ($1,500,000) to offset some increases. I know I requested a breakdown of all the hotel properties that would be impact with the two dollars ($2) per thousand increase and I am not sure if we got that back but...did we look at what was the range? I asked for the range of the lowest impacted hotel and the highest impacted? Mr. Hunt: I do not think one completed that assignment. Mr. Rapozo: Because I think that is information that I need anyway because I think if it is an impractical increase to a property then I think it is counterproductive to the community. I guess my question is, how serious is it to not fund OPEB at a hundred percent (100%), let us just say ninety percent (90%) or eighty-five percent (85%)? Mr. Hunt: I guess philosophically it comes down to how committed are we to getting to a structurally balanced budget as defined by a rating agency. If we are taking a step backwards saying we are going to take away an obligation and fund less of it and the exchange of that is reducing rate to lower impact, we kind of gotten away from where we need to go. We are taking a step backwards. Mr. Rapozo: Right but arguably are you not basically saying, we are funding OPEB but to sustain this budget, we are going to have to raise taxes again next year as well and the year after that, right? Mr. Hunt: If there is not substantial growth in the base, you probably are looking at that and potentially again different rate classes if we carve out potential areas within classes that currently exist that pay more. Mr. Rapozo: If we reduce OPEB or the contribution to OPEB then the burden falls on the County to repay next year, correct? Because we got to figure out a way on how we are going to catch up. Mr. Hunt: At some point we are going to have to catch it up, yes. DELIBERATION & PRELIMINARY DECISION-MAKING 27 MAY 12, 2014 Mr. Rapozo: And if we just increase the tax then we put the burden on the taxpayer who needs to make up the losses or the difference to balance the budget. So I am not sure what... Mr. Hunt: OPEB again is a percentage of salaries as well. So as salaries increase, and again it is one of the things that if we start falling behind, the catch-up is going to be even harder because as the continued raises start kicking in the OPEB is a percentage of that. Mr. Rapozo: I guess this coming FY would be the largest impact in the increases from collective bargaining or is it just going to be the same for the next four (4) years? Mr. Hunt: I think in Unit 13 they are because of the shredding and the multiple steps but some of the other ones are back and loaded still I think. Mr. Rapozo: Okay. Thank you. Chair Furfaro: Go right ahead, Mr. Hooser. Mr. Hooser: Just a quick follow-up on what Councilmember Rapozo and the OPEB discussion because I think this is really the key to the big part of the whole debate about where we are going the rest of these two (2) days. When I first heard the concept of not funding OPEB, I was shocked. I am sure it was not an easy decision to make. Mr. Hunt: It was not easy. Mr. Hooser: However as we look at it and look at all the various challenges we have, it is moving funds around basically, so if we went back for example to the original proposal that was how many million was that? Mr. Hunt: We added two point seven, two million dollars ($2,720,000). Mr. Hooser: So the two point seven million dollars ($2,720,000) figure if that amount was either put into reserve, then it is like borrowed money but there is no interest we are paying on that, is that correct? Mr. Hunt: Yes, on the OPEB there is no direct interest that we are paying. It is not an obligation in a sense that there is a percent mortgage on it. Mr. Hooser: So in theory we could borrow that money from OPEB, put it in the reserves which might make Fitch and the other people more happy and provide us more stability in case of emergency and/or it might decrease the pressure of raising taxes. So that is a component that can be placed...that amount of money in either one of those categories as part of the process, right? Mr. Hunt: Yes, like I said the only obligation is to pay twenty percent (20%) of the catch-up, so anything above I do not have the direct number but I could calculate that out. But I mean there is a number that you have as an obligation which is probably somewhere in the neighborhood of eleven million dollars ($11,000,000) DELIBERATION & PRELIMINARY DECISION-MAKING 28 MAY 12, 2014 that you would have to pay in (inaudible) is voluntary but again whatever we cut out is just ...we are probably chasing half a million to a million next year on top of whatever we short fund next year. Mr. Hooser: Right. But in terms of the financial stability from Fitch's perspective, for example, it would seem and correct me if I am wrong that they would look more favorably on those funds being in our reserve then not. Mr. Hunt: From a just purely reading agency, you are probably correct that they would like to see fund balance over paying your OPEB obligation. Mr. Hooser: Okay. Thank you, Chair. Chair Furfaro: I am going to make a short announcement here. We beat this OPEB thing quite a bit and we still have to get to a portion that we have to have a motion on what line item we going to use. I am also surprise that if anything you defer in that liability as their increases go up and it is not paid, that is like interest, Steve, because that increases the amount of what you thought it was at the time if you had paid the liability. Mayor Carvalho: Right. Chair Furfaro: Mr. Bynum. Mr. Bynum: Fitch obviously would be much happier with that decision but they are just one (1) of many factors that we have to determine. They, for instance, are going to love that we take money from Open Space, they do not care about... they much rather have that into... so, that is just one but here is my question...we currently have no liability in this OPEB, right? Because we have been paying all along, correct? Mr. Hunt: We do not have any back accrued liability. If we are not paying it, we still have a lot of future liability that we are paying. Mr. Bynum: Right, so every year the County and State has the option of paying their current obligations and they have until the State law obligation to not pay any of the future liabilities, correct? Mr. Hunt: Correct. Mr. Bynum: And what did Hawai`i County do? Mr. Hunt: Hawai`i County did not pay their OPEB and they actually have a similar bond rating as us as a AA minus. Mr. Bynum: And the State did not pay their OPEB, did they? So they are going to carry huge liabilities, correct, for years to come? Mr. Hunt: Their liabilities will be extended beyond our liabilities because we are ahead. DELIBERATION & PRELIMINARY DECISION-MAKING 29 MAY 12, 2014 Mr. Bynum: So currently we have none of those liabilities if we accrued some for a few years or for one (1) year, what is the real world impact in the short run? Very little, correct? Mr. Hunt: In the short run, very little. It just adds both to the backend plus the amount that you are going to catch-up in the... Mr. Bynum: Right, so now if we carry that liability for twenty (20) years, right, and it was like a couple of years say eight to ten million dollars, what would the real world impact be in thirty (30) years? Mr. Hunt: Again, my concern is if you are carrying that short funded amount for any period of time, every year is growing, not just your percentage. We only have five (5) years to fully fund. It is twenty percent (20%) this year required, forty next, sixty, eighty, and then by the fifth year you have to be at the hundred percent (100%). So the further you get away from the hundred percent (100%) goal, which again is on an increasing slope because it is based on salaries which are tied to collective bargaining, the further you get the more dramatic your steps are going to have to be to raising those funds by the fifth year to be in compliance with State law. Mr. Bynum: Right. I agree with everything you said, but Kaua`i County carried that liability and I am not suggesting that we will, when we get into a better space we are going to meet that obligation because we always have. But even if we did carry that liability out forever, it would be minor compared to what Hawai`i County is carrying. The State is going to carry and the State now has passed the law that requires those Counties to do what we did all along, correct? Mr. Hunt: Correct. Mr. Bynum: And so for all of those reasons if we have to choose between further erosion of fund balance in the short run and using these funds for a couple of three (3) years and then getting back...I mean do a further analysis. I mean, I did not know we were going to get into this now but it is key to this budget. Thank you. Mayor Carvalho: If I can just add that we submitted our version of a balanced budget, you have that before you. We have gone through the same discussions should we do OPEB or not, and how do we...if we had the TAT, guess what, maybe we would not have to do this. We do not have the TAT so now we have to look at other versions. We are all trying to figure this out and I think the people watching really want to get good direction. We are trying our best to sort through some of these discussions but be assured that we vetted out many scenarios here and I just wanted to be clear on that. I want the people to know that we also had opportunity to speak with each and every one of you to explain to you what we are doing, how we are doing, and what we are looking at. So now I think it is good that we can move to the next step and look into some of the other issues that we need to talk about. I just wanted to say that. Thank you. Mr. Bynum: I agree Mayor that your budget has seven point seven million dollars ($7,700,000) in further erosion in fund balance that is your proposal to take us down to almost nothing in real world terms. Thank you. Mayor Carvalho: Just look at that and we will see what the balance is. We are more than willing to talk. DELIBERATION & PRELIMINARY DECISION-MAKING 30 MAY 12, 2014 Mr. Bynum: Thank you. Chair Furfaro: Anymore questions on bond rating, OPEB, TAT? There are some people here that do not maybe quite understand that fact of the matter is when we allow the State to take our share of the TAT which was a substantial amount and we agreed, okay. Quite frankly if we ever get it back, that is the State's liability to us. That money should be earmarking some kind of building of a reserve. On the flipside, the OPEB is a liability to us and it does grow if we under pay it. Anymore questions on these items? Thank you. Now we are going to have to take a couple motions here and then take a break. I guess really I would like to start by having an understanding and discussion that the motion that I am looking for and I need a vote on it is to start this budget section with an understanding that we are going to work off the May supplemental as a starting point. Mr. Chock moved to work off of the Mayor's Supplemental Budget Submittal, seconded by Mr. Bynum. Chair Furfaro: Discussion? Voice vote, please. The motion to adopt the Mayor's Supplemental Budget Submittal was then put and unanimously carried. Chair Furfaro: It is agreed to the Administration that is where we are going to start from. We are now going to take a caption break which we are required to do and when we come back we are going back to talk about the revenue bills which was part of my presentation, to have an understanding where those votes might fall. The Administration, you are certainly welcome to stay for that but we need to take a ten (10) minute caption break. There being no objections, the Committee recessed at 10:52 a.m. The Committee reconvened at 11:09 a.m., and proceeded as follows: Chair Furfaro: We are back from our recess. As I made the presentation this is where I want to go. I am looking for a mock vote on the revenue bills only and then we are going to plus and minus's as it relates to reductions first. Again, I am going to the bills that we know are pending for Wednesday and I want to have a mock vote so we know where we are or are not when it comes to revenue. Jade, I am going to ask you to just highlight again the motor vehicle weight tax bill because I would like to get an indication. That indication is...I would just like you to say if you support it or you do not support it. Jade, go ahead. JADE K. FOUNTAIN-TANIGAWA, Deputy County Clerk: This is the motor vehicle weight tax; did you want to go around the table? The vote to support Bill No. 2543 Relating to Motor Vehicle Weight Tax carried by a vote of: FOR SUPPORT: Bynum, Chock, Kagawa, Yukimura, Furfaro TOTAL—5, AGAINST SUPPORT: Hooser, Rapozo TOTAL—2, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—0. DELIBERATION & PRELIMINARY DECISION-MAKING 31 MAY 12, 2014 Chair Furfaro: 5:2. Again, I just want to go around the table here and then we are going to give everybody five (5) minutes to talk and then we are going to go into reductions. By our rules, the next is the Solid Waste Tipping Fee. The vote to support Bill No. 2542 Relating to Integrated Solid Waste Management carried by a vote of: FOR SUPPORT: Bynum, Chock, Hooser, Kagawa, Yukimura, Furfaro TOTAL— 6*, AGAINST SUPPORT: Rapozo TOTAL— 1, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. (*Pursuant to Council Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Yukimura is noted as voting silent but shall be recorded as an affirmative for the motion.) Chair Furfaro: Now the Public Access, Open Space, and Natural Resources Preservation Fund. Ms. Tanigawa: This is the current proposal by the Administration... The vote to support Bill No. 2541 Relating to the Public Access, Open Space, And Natural Resources Preservation Fund failed by a vote of: FOR SUPPORT: Kagawa, Rapozo TOTAL— 2, AGAINST SUPPORT: Bynum, Chock, Hooser, Yukimura, Furfaro TOTAL—5*, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL— 0. (*Pursuant to Council Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Chock is noted as voting silent but shall be recorded as an opposition for the motion.) Chair Furfaro: So we have 4 no's, 1 silent, and 2 yes's. So that would be a 2:5 vote. The next. Ms. Tanigawa: Yes, against. Chair Furfaro: The next one is the Planning Department TVR certificates that are currently at the Planning Commission. The vote to support an increase to the TVR certificate fees carried by a vote of: FOR SUPPORT: Bynum, Chock, Hooser, Kagawa, Rapozo Yukimura, Furfaro TOTAL— 7, AGAINST SUPPORT: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—0. DELIBERATION & PRELIMINARY DECISION-MAKING 32 MAY 12, 2014 Chair Furfaro: 7:0. The real property tax as it is proposed. I am just asking for an indication as proposed. The vote to support Resolution No. 2014-11 failed by a vote of: FOR SUPPORT: Chock, Kagawa TOTAL—2, AGAINST SUPPORT: Bynum, Hooser, Rapozo, Yukimura, Furfaro TOTAL—5, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—0. Chair Furfaro: 2:5 no. Yes, Mr. Hooser. Mr. Hooser: I want to comment. Chair Furfaro: I am going to give everybody five (5) minutes around the table. Mr. Hooser: This is a process comment. Chair Furfaro: Yes, go ahead. Mr. Hooser: I understand what we just did was a more or less a straw vote. Chair Furfaro: Yes. Mr. Hooser: Okay, I just want to point out and I understand the need for good planning for us to be consistent; however, from the public's perspective, the public is still allowed to engage in these issues up until our final vote. And so the public may or may not be submitting testimony and I think it is important that the public know that we are still listening and that this was not a final vote. This was just an indication of how we are thinking at this particular moment in time. Chair Furfaro: Yes. Mr. Hooser: And that when the actual vote is taken, we will take whatever information is given, I will speak for myself, I will take whatever information that has been presented between now and then and make that final decision. Chair Furfaro: I too believe in the democratic process that is why it is on the schedule for Wednesday, so we can take public testimony and we can get to our final vote. As I announced this was an indication. Mr. Hooser: Right. Chair Furfaro: Because we have to have an indication so that we understand where we are going with the plus and minus side. Mr. Hooser: I understand. Chair Furfaro: Mr. Bynum. DELIBERATION & PRELIMINARY DECISION-MAKING 33 MAY 12, 2014 Mr. Bynum: I appreciate that process that by the end of decision-making, as you mentioned earlier whatever commitments I make at that point will be reflected in the official vote. So whenever that end comes I just want to say I agree with you that commitment will be more solid. Chair Furfaro: Mr. Kagawa. Mr. Kagawa: I think because it is such a big amount — four point three million dollars ($4,300,000) for the Real Property Tax increase to the hotel class, I think this straw vote does not really complete the task. Some members may want amendments that may raise perhaps instead of four point three (4.3), we may raise two point three (2.3) or what have you but I think we need to have an indication as to maybe not specific tax areas where it is going to be plus and minus. But just overall, what kind of ballpark figure the members are looking at from that area. If you are going to cut four million, you better have the cuts of four million because...then you are not really being honest with yourself or with the public. For myself, I do not have four million dollars ($4,000,000) of cuts which is why I supported the increase but I think all members do have specific increases but just not supporting the four point three million dollars ($4,300,000) all to the hotel class. Chair Furfaro: Understood. Well said. Anymore dialogue on this straw vote? Mr. Rapozo. Mr. Rapozo: It is difficult. I am starting off obviously with trying to get through this budget without any increases. I have no idea what other members are proposing as far as adds, and what they are proposing as far as cuts. I am hoping to be enlightened in the next day and a half and if I believe at that point that the revenues (inaudible) is necessary then obviously I will support it but at this point I do not feel that as this body has had the opportunity to have the dialogue amongst ourselves to determine what is actually essential and none essential. I reserve that right for a later time. Thank you. Chair Furfaro: I certainly recognize that and that is one of the reason we are publicly and openly here at the table for two (2) days to have the dialogue amongst ourselves and to discuss various point of views from the various Councilmembers. On that note, I am now going to allow each of you five (5) minutes of comment time. You will be timed and we will allow you to have some dialogue about overall comments at the starting of and please refer to the May revised budget as it is. Mr. Bynum, I could start with you, if you would like? Mr. Bynum: Can you give me a one (1) minute warning, please? This is a really difficult budget year as have been all of the ones recently, but this one more than ever. This is the reset year and let me be clear the crisis in our budget is caused almost entirely by the Legislators assault on County finances over the last five (5) years. The Legislature has given the neighbor islands a lot of neglect and fiscal problems. The approach to the budget, it is always about opinions about what priorities are. I am going to tell you that I believe as I said that our Mayor has given us really good revenue...I mean spending proposals ever since he has been the Mayor. I am sorry to see a second round of cuts that eliminates positions that you were counting on because our government in many ways is performing much better than it ever has since I have been involved for fifteen (15) or twenty (20) years and I credit the Mayor with that. I do not have a lot of proposals for cuts, very few, but I know other Councilmembers do and so I am going to be very thoughtful and listen to those proposals and vote accordingly. Review needs to be DELIBERATION & PRELIMINARY DECISION-MAKING 34 MAY 12, 2014 balanced. The Mayor, as I mentioned, has not made a property tax proposal in his entire term until this year and it is twenty-three percent (23%) all at once on one (1) category. That is not a balanced approach at revenue and so I am going to be looking at more balanced way to collect revenue. When it comes to adds, we are in a really tight year and so I have very few of those to propose. A few but a very few that I think are critical priorities. At the end of the day though, I am committed to funding the budget at a sustainable budget. My top priority and I communicated this pretty much all along is no further erosion in fund balance. It is fiscally irresponsible to erode our fund balance lower than it is. The big numbers are...you look at the General Fund plus transfers out combined a hundred and twenty-eight million dollars ($128,000,000). The Mayor's proposal will leave us just with four million dollars ($4,000,000) in both committed and uncommitted reserve of right around three percent (3%). This Resolution that the Chair said, sets a twenty to twenty- five percent (20% — 25%) standard. GFOA says five to fifteen percent (5% - 15%) and Wally Rezentes argued very strongly for fifteen to twenty percent (15% - 20%) saying that we needed to be on the upper hand of that. To go to three percent (3%) is fiscally irresponsible according to the Government Finance Officers Association. Is that easy to do? No, it is not but it is actually doable and I think we will show that at the end. I am looking at no further erosion in the fund balance as the primary goal which means...let us say that we identify more cuts — say a million more on top of the Mayor's million. Well then our revenue...you know what we need to do to get revenue sustainable but the Mayor's proposal is to take seven point seven million dollars ($7,700,000) additional from fund balances when they are already at a minimum we should let them go in my opinion. Of course Fitch is going to agree with that. I am glad we had the OPEB discussion that we had today because I believe that will be a part of my proposal, is to use similar savings to what the Mayor suggested. At first I was appalled but when you do the full analysis, it makes sense to use that mechanism for a couple of years and then get back because we have revenue coming. We are in a good revenue picture for the future. I and the Administration will have tax revenue proposals before the Council soon that will impact the next FY. Ms. Tanigawa: One (1) minute. Mr. Bynum: Valuations are going up and so our fund picture looks good. If we borrow, and that is a good term from OPEB, for a few years during this critical crunch that was imposed on us by the Legislature, I believe that a logical conclusion will be that it is prudent and that fuller version of fund balances is a big mistake. I respect the Mayor's proposal, since Steve, Ernie, Ken and Anne have come on the Budget Team. We have structurally got the County correct. I got to finish in thirty (30) seconds. This is the reset year. Four thousand (4,000) people under the Mayor's proposal is going to have...local residents are going to have increase property taxes next year. Some of them five, six, seven hundred dollars and more. Five thousand (5,000) are going to have decreases because the reality of the cap is it protected some homeowners at the expense of others but the class went up. We structured at a great place this year, thank you Mayor and the budget team... Ms. Tanigawa: Five (5) minutes. Mr. Bynum: ... and this Council for squeezing down the variances and doing all the structural changes that put us in the right structural position. Now, if we get the revenues matching expenditures, Fitch will be happy. I will be happy and I think a lot of other people will to. Thank you very much. Chair Furfaro: Would anyone want to go next? Okay, I am going down the row, JoAnn... DELIBERATION & PRELIMINARY DECISION-MAKING 35 MAY 12, 2014 Ms. Yukimura: Chair, I do not have anything to say at this point but I would like to reserve my five (5) minutes to the closing when we adopt the budget. Chair Furfaro: I do plan to give everybody another five (5) minutes then. Ms. Yukimura: Yes but I may need a little bit more than five (5), but I will not take any right now. Chair Furfaro: She is a none taker, okay, got it. Mr. Bynum: That is a first. Chair Furfaro: Can we report that in the (inaudible)... Mr. Hooser, you have the floor. Mr. Hooser: My comments will be very brief and actually Councilmember Bynum said much of what I wanted to say. I think that it is actually an opportunity for the Council to exert some leadership and I am hopeful that we will pass a budget that does not further deplete our fund balances and actually increases fund balances and is more balanced if not in balanced then has been since 2008/2009. Whether funds coming in and the funds going out — operating funds, revenue and expenses are balanced and I am hopeful and confident that we can between the cuts and the revenue increases, we can come to that conclusion. Again, pass a balanced budget that is sustainably balanced budget and that it begins again to rebuild our fund balances instead of depleting it. Thank you. Chair Furfaro: Coming around the table here, Mr. Kagawa, I will go to you first. Mr. Kagawa: We are in this predicament a lot because the failure of the State Legislator to give us more of the TAT like what we used to have. One of the options of not getting that is taxing the hotel even more and it concerns me. It is taxing our biggest producer on the island. It is taxing something that is always been there for the island — has been a strong point of our island and I am worried about the consequences of passing on this tax while we look at it as four point three million dollars ($4,300,000) it will be spread out, who knows how much it will affect. The prices are one of the main problems of why visitors are choosing other destinations. They say coming to Hawai`i is very expensive. It concerns me however it is tough to see where else do we tax. We are already taxing...well indirectly we are taxing the people with the vehicle weight tax, tipping fees but you know I have some aggressive cuts this year. I think it is our job to get a budget that is sustainable and one that we can support. I am putting the (inaudible) on the management of each individual Department as I make my propose cuts. I will be very frank it will be to the overtime budgets of everyone. I believe overtime can be managed through better management. I think overtime is an area that a lot of the public looks at and says, "what is the reason for overtime?" I think management can deal with overtime the way private sector does. In the private sector when business is struggling, the primary objective is to cut overtime. It is looked at by profitable businesses as a waste of money. We need our management to step up and make the right decisions. We need to see how we can eliminate it. Right now we are just saying if we do not do it then people will suffer and services will suffer, no, with better management you can still accomplish the same level of services by being more efficient in the office, having people cover those periods and those additional work that used to be cause for overtime could be paid for by people working with their DELIBERATION & PRELIMINARY DECISION-MAKING 36 MAY 12, 2014 normal hours. I really believe that this can be achieved and if not achieve, like Councilmember Hooser said, there is another option. If overtime cannot be achieved then you can draw from other funds that are lapsing each year. I think the Departments are unwilling to cough up those amounts just for the fear that they will run short but we have seen historically every year that there are balances that are lapsing and we are relying on the Administration to tighten our belts, be more accountable, and try to stick to our budget. I think that is how we finally can cut down on our budget. I think we need to tighten the belt and we have to let managers get more involved in cost savings and cost cutting. I think that can be done. I think that leads us to a better road down the future. It will be very interesting. Having that said I think if my cost cutting measures get approved, the additions I have proposed are much less than the total amount. My plan is to...now that OPEB is paid out, my proposal is to push my reserve balance to the reserve account or savings account, whatever you call it, and when Departments do see mid-year or what have you, they can come up to us and that would be the time when we see how Councilmembers felt about adding more money's back to the overtime or whatever running short in the Fiscal Year. That is my proposal and I am confident that together we can get a sustainable budget going forward and we can work together and make sure that we do not tax our businesses and our citizens anymore than we have to. Hopefully we will have some types of savings at the end of this budget process. Thank you. Chair Furfaro: Mr. Rapozo. Mr. Rapozo: I think Councilmembers bring up some valid points. Ross talked about the reason we are in the position is because of the State's failure to adequately fund TAT and you know we can cry over spilt milk all we want but at the end of the day it is what it is. Unfortunately we got dealt that rotten hand. The newspaper came out with a "County hits the jackpot" the other day, big eighty million dollars ($80,000,000) CIP and everybody was like "hurray, thank you very much." When you do a closer analysis of the projects, thirteen (13) of those projects were already funded in the prior year that were never released and never completed. There are eleven (11) new projects in the CIP budget and I thank the Legislature for that but it is almost like...I hope it is not like a pacifier like we are going to take your TAT because I do think we are entitled to that TAT money and because of that we are forced to take some drastic measures. It is almost like déjà vu, it seems like we have had these discussions year after year. The difference is that every year the passes we just have less money and less reserve. In FY 2012-2013 I voted against the budget and a lot of people said, "Mel, you soured grapes, you loss the Mayor's election, you just...no matter what you just..." that is not true. I am not a financial guy like Steve and Ross and all these accountants but I am a business man that could see what was coming down the pipe. I saw it coming because I knew we just could not sustain that. I was assured that there were different mechanisms in place and strategies that we could use. TAT was always one of those things that we felt that we would never get taken away but it did and now we are in a bind and I really do not know how we get out of. I honestly cannot sit here today and tell you, "if we do this, we will achieve that." I cannot see that because of collective bargaining, rising costs, and property values...we do not know. Somebody sells a twelve million dollars ($12,000,000) home in the North Shore and the real estate people sends out the press release saying, "the boom is coming back" because it skews the numbers because they sold one (1) or two (2) big properties and yet how many of the properties here are heading to foreclosure? How many of the people are facing short-selling their homes or losing their homes because they just cannot make ends meet? That is the reality. If you read the Pacific Business News it is quite telling how many bankruptcies and foreclosures right in our own backyard. I think we need to pay attention to those kinds of...those are • real as far as I am concern, those are the real indicators. Not the press releases from First DELIBERATION & PRELIMINARY DECISION-MAKING 37 MAY 12, 2014 Hawaiian Bank Economist and Bank of Hawaii Economist — you know they all want to paint a better picture but when you look at the people that are losing their homes, getting sued, cannot pay their credit card bills and that is the business I am in with serving these poor people. That is the true indicator. Not the stuff that we read in some of the publications out there. Back in 2008-2009 prior to that my business was very successful; I had a lot of clients. We did extremely well with six (6) employees at one (1) time and then the economy started to turn. What happened? I had to start letting people go. I had to start laying people off. I was down to my last employee which was the lifeline for my business was my receptionist/secretary/investigator/server she was doing it all because she had to and then I can never forget the day I had to call her and say, "we cannot anymore. I am sorry we do not have the revenue." I had to move my office to a cheaper location, cut services, and most importantly I had to cut expenses. The things I was subscribed to, the services that I could buy off of the internet to make my work easier, I could not afford it anymore. The publications of newspapers, certain publications that I use on a weekly basis to make my job easier, I could not afford it anymore. I had to let it go. I think my message to my colleagues is that as we go through this next two (2) days, that is what we have to start looking at. What are essential and what are none essential? What can we do without and what can we not do without? That is why I voted against any of the increases because I think there is a way we can get through this by reducing some of the none essential services. At that point if we are absolute ground zero there is no more places to cut then we look at the revenue enhancements but to start off with revenue enhancements and then try to...I am having a difficult time with that. I just look at the budget and I am not going to use my time to go over some of the positions that I believe are none essential but there are positions. I would venture to say in Council Services there are some positions that we may not need and in every Department. I think we can do more with less and I think we just got to figure out how we can do that. Is that five (5) minutes? Okay. So, I look forward to a very colorful animated two (2) days, thank you. Chair Furfaro: Mr. Chock. Mr. Chock: I will keep it really simple and short here. I am really excited because it is not only my first time going through budget and this process here but I am learning so much in it. It has been said that in the face of adversity is when leadership and leaders emerge and especially when you do not have too many options. The opportunity there for a small wind would be that we look towards stronger collaboration and look for some agreements, shared agreements and that is what I am excited about. Maybe a reset, is what I heard someone say, for us to get a little bit closer together and have a plan. The outcome here for me is balancing this budget but also the beginning of us seeking opportunities to restructuring that five (5) year business plan that I am looking at. That is where my money is and that is what I want to focus on. I have had my meetings with the Director of Finance and everyone else regarding the budget and so this is how I am moving into these two (2) days, it will be to support the revenue enhancements as you seen us in our mock vote here. I want to support. I think there is a need and I think we need to step up to it. Including the property taxes that were mentioned, I know that they are up in the air and I am looking to see what kind of options we have in (inaudible) and we are spreading it amongst other classes. I fully support the vacation pay that was talked about earlier and how we would restructure that out of one (1) account. My only request would be that we look at how it is we are incentivizing to decrease those hours of vacation pay within our individual Departments so that we do not even have to get to that point of that payout. I think that is what I would like to see and I know some Departments, they require that they use this time and also in terms of the customer service or balancing it, it would be important that we offer that vacation time so that we do not use traction of how it is we are conducting our business. The other area that I am interested in hearing about is from DELIBERATION & PRELIMINARY DECISION-MAKING 38 MAY 12, 2014 Councilmember Yukimura's suggestions that she will be presenting and how they might be directly connected to the Open Space, something that I think we are all agree that is very important arena to look at. In terms of expenditures, I am open. I am not proposing a whole bunch of cuts here but as Councilmember Kagawa is suggesting in overtime, I am...I would look at that intently as well as other areas that are prudent, effective, but do not take the ability to serve the community because I have seen a lot of us go after Departments and say, "this is not working," but if we are cutting their legs off from them, it would be difficult for them to do that job. The balance of that would be that...yes, we want to build capacity and competency so there are obvious areas that we can do some cuts as Councilmember Rapozo said. I will be looking at that more intently. The priority would be to fund OPEB fund reserves balance, any additional funds in Open Space. I think that is it. Thank you, Chair. Chair Furfaro: So the year starts out headlines, "State of Hawaii reforecast revenue eight hundred and twenty-two million dollars ($822,000,000) additional revenue..." that was in February. Then we come along and it is April and we get this revised statement of, "oh, it is not eight hundred twenty-two million dollars ($822,000,000), it is only six hundred thirteen million dollars ($613,000,000)." We still kept our hopes up for the TAT and the fact of the matter is that I submitted testimony in a Bill to see if they could at least reinstate our inspectors in the Ag Department, five hundred and ten thousand dollars ($510,000) and we read the Garden Island headlines and it is like, okay, we are going to move forward on this and take good care of it — we did not get any new Ag inspectors. Unbelievable. It is getting tougher and tougher to do business especially when the new revenues are being found and they are just being used to fund shortfalls from the past. I am sure that some of the money that the State had used was also to catch-up on their delinquency of OPEB. Remember that they are delinquent; we are not. More importantly here, one of the things I want to make sure you all understand is that in the new general, finance, and accounting systems next time around when we do our CAFR, they are going to require us to list the unfunded liabilities. So, if you decide that this new plan that the Administration has given to us that maybe we can play with some of that money and so forth. Also, it is good for you to know that you are going to have to identify that liability that you created for yourself and that is not going to be excepted well on the Big Island. That is not going to be excepted well in the State. And then also I want to let you know that where we are at with our TAT, the fact of the matter is that they are going to revisit it in two (2) years, and when that gets disclosed on their CAFR, I have to tell you that I am very concerned about the future of the TAT and us ever finding ourselves getting our fair share to do it. I just want to put that out on the radar screen to you to understand what some of those liability requirements are. Now, along the ratings of bond rating and so forth, I think it is important that we look at this OPEB funding and from the standpoint. I do believe that part of it anyway, and Steve confirmed, will affect us in our future borrowing part. I think thinking that if we do get any kokua on the TAT, it in fact will find us in a situation where we can help to build our reserves —if that relief comes. I also want to say that I am a little disappointed here. I help create the building report and we still have not gotten a report for nine (9) months and if I was able to go to a document to indicate what kind of building activities was happening on this island, especially since we were convinced to split the tax rate on land from the building rate, I do not have anything that I can look at and say, "we have accomplished an increase of four million dollars ($4,000,000) in assets in building and if I put some formula that is there, I would know what we are growing in the way of revenue." We need to get back on track with that. That is not part of today's formula. Some of the other things we all got our fingers crossed, you know, Coco Palms get rebuilt, Coco Palms will add some tax base for us, and we are all waiting for our next upgrade report on what is happening there. DELIBERATION & PRELIMINARY DECISION-MAKING 39 MAY 12, 2014 As it relates to operating goals, I think we got to ask the Administration to hold our...along with what Councilmember Kagawa is saying on the overtime. The fact of the matter we have to remember the difference on the overtime... Ms. Tanigawa: One (1) minute. Chair Furfaro: ...is only the premium pay. But it is premium pay that we already are staffing for and so we need to make sure that if we talk about overtime, we understand that it is necessary at times. When it is not necessary, it should not be used. Also, we talk about all the things happening with the Green Action here. Well, I will be proposing in one (1) of my cuts, a cut of a hundred and eighty-six thousand (186,000) kilowatt hours because there is no energy reductions in the budget here. Yes, it may only be a hundred thousand dollars ($100,000) but it is a goal and if we do not have goals in our budget, we cannot hold people accountable. So, I will be proposing some reduction overall especially on the good news that we hear from KIUC and the changing of light fixtures for our roadways. I mean, we should be experiencing some revisiting on that. That is my last minute here. In the visitor industry I have to tell you, watch what is going on, please. Kaua`i will not see a share in the Asian market, the Thai market, the Philippine market. In fact these are flights Hawaiian Airlines is either reduced or canceled. These were recent routes they have gotten approved. I think that is easily could be overstated. Watch the market as it comes through. In 2008, the market dropped all the way to eleven thousand (11,000) and it is back up to sixteen, five (16,500) and when it comes to travel people like the islands in the U.S. and the North American continent because it is under U.S. law, it is under U.S. dollars and in fact that is an area that touches on our public safety. I want to share with you a little bit of the good news but we also have to push to the Administration on some of these items and expect some savings reducing overtime, and managing energy. That is what we set up these teams for. On that note, I am really able to start the dialogue and I want to thank everybody if we can be real focused, we can do this in two (2) days easily. Thank you very much. Now, to the staff, I guess I want to go around the table first time and we have an indication on these revenue Bills on where we are at. I want to go around the table first time entertaining one at a time if anybody has something to suggest in a way of savings, first. Does anyone want to go first? Mr. Kagawa, I will give you the floor. Mr. Kagawa: One of my easiest cuts that I made was the Health Fund reduction. What I am proposing is a five percent (5%) cut to the Health Fund reduction. It will save us three hundred and twelve thousand four hundred and nine dollars ($312,409). Basically the way they budget is they add five percent (5%) to the actuals of the previous year and we are just...we are going to be budgeting with actuals and like I said there is always a little fat in any budget. If you come upon a case where your health fund is more than the actuals of the prior year then you can use it from other accounts in your budget. That would be my first cut. Thank you. Chair Furfaro: Questions for Mr. Kagawa? Discussion? Mr. Hooser: I had a question, Chair. Chair Furfaro: Go right ahead. Mr. Hooser: I like the general direction but how is this different from the OPEB? Mr. Kagawa: It is for the current employees on our payroll. DELIBERATION & PRELIMINARY DECISION-MAKING 40 MAY 12, 2014 Ms. Yukimura: Is that not OPEB? Mr. Rapozo: OPEB is post-employment for the retirees. Ms. Yukimura: Okay. Mr. Hooser: OPEB is obligation for retirees and this is for active and this is based on actuals, okay. Mr. Kagawa: Well the budgeted amounts that we see in our budgets is five percent (5%) that is added to the actuals of the prior year. So, the actuals of this year... Mr. Hooser: So, you are taking that out? Mr. Kagawa: Yes, we are taking out the fat, basically. Mr. Hooser: Okay. Mr. Kagawa: And we are saying that you budget with your prior years amount hoping that it will not go up significant. Mr. Hooser: Okay. Mr. Kagawa: It raises three hundred and twelve thousand dollars ($312,000) of projected moneys, I guess, and keeping it with actuals. Mr. Hooser: If I could follow-up, Chair? Chair Furfaro: Go right ahead. Mr. Hooser: So you are saying that the Mayor's budget proposes to increase it by five percent (5%) and your proposal is to keep it flat? Mr. Kagawa: Yes. Mr. Hooser: Based on last year? And then similar to your discussion on the overtime, if in fact they run short, they can appropriate from other parts in the budget to do that. Mr. Kagawa: Yes. Mr. Hooser: Okay. Great. Thank you. Mr. Kagawa: You are welcome. Chair Furfaro: Mr. Bynum, you have a question. Mr. Bynum: Just a question to the Administration. Chair Furfaro: Ernie, could you come up, please? DELIBERATION & PRELIMINARY DECISION-MAKING 41 MAY 12, 2014 There being no objections, the rules were suspended. Mr. Bynum: This is part of union contact, right? Can we do this? Are these funds not contractually obligated? Mr. Hunt: The Health Fund is where the medical premium co-pays that the County pays for medical insurance for current employees comes from. It is very difficult to estimate because each employee could either rely on insurance from their spouse, take a single party plan, a two-party plan, family plan, so we try to use the historical to come up with where we anticipate that fund going. The other component to that is the actual premiums that are changed year to year when HMSA, Kaiser, all the providers present what those premiums are. The recent round of collective bargaining use either a seventy-five/twenty-five (75/25) or eighty/twenty (80/20) plan to establish what the County pays based on each of those types of plans. It is a fixed amount but what we do not know...and it has increased based on the new rates that were set in the new collective bargaining but what we do not know is what each employee will choose as a plan. That is somewhat a guestimation process. If a new employee comes in and the person who left was on a single party plan and they come in with a family plan, it costs the County more. If they come in and do not elect it because their spouse has a better program, it costs us less. Again, it is somewhat of a guessing game in terms of what that amount is going to be. Mr. Bynum: I do not want this to happen over and over again where we have big discussion. I mean, I am very interested in all of these proposals...what is the Administrations take on it? It is like, oh, we can live with this or this is going to kill us and here is why and try to get some answers to those questions because I announced that I want to support your budget if there are cuts proposed here that are going to cause grief and make the difficulties that the Chair talked about last year where we are constantly moving funds around and there is no flexibility then I am not going to support it. I need guidance from you about what is acceptable, and what is something we can work with. Like in this case, your short answer is no, it is not contractually obligated. We are estimating future costs. Mr. Hunt: Well it is contractually obligated once the employee chooses the plan, we have to pay the fixed dollar amount associated with that. Mr. Bynum: Right. So, this amount was based on your... Mr. Hunt: On the last round of collective bargaining. They established the rates by each of the plans and each of the providers what that fixed amount will be. Mr. Bynum: Well it is not an arbitrary number. Mr. Hunt: No, it is not. Mr. Bynum: It is a number based on years of experience. Mr. Hunt: And it did increase. In fact some of the premiums now have gone up even higher than...I think the highest was twenty-two percent (22%) but our amount that we pay is fixed. I do not know what the actual increase was. Mr. Bynum: Thank you. DELIBERATION & PRELIMINARY DECISION-MAKING 42 MAY 12, 2014 Mr. Barreira: Just one (1) item Councilmember Bynum, we also with the new collective bargaining agreement, we are at sixty/forty (60/40) again as opposed to fifty/fifty (50/50). Mr. Bynum: I am well aware of that. That why I raised the question — is this money we absolutely have to spend and you are saying most likely we will. Mr. Hunt: I believe that the five percent (5%) increase that Councilmember Kagawa is referring to is a conservative number conservatively low, I do not know if we have a lot of fat to burn on that. Mr. Bynum: Thank you very much. Chair Furfaro: Do we have two and a half percent (2.5%)? Mr. Hunt: Again, it is an estimate till we know what our actual base employees will be for FY 2015. Chair Furfaro: Was this estimate made on all positions being filled? Mr. Hunt: Yes. Chair Furfaro: Okay so you just shared with us the importance also that if these are vacancies, we did not account for the savings in those vacancies. Do you get my point? Mr. Hunt: Right, the funded vacancy would be accounted for and the dollar funded, I believe we reduced based on the total fridge that is associated with health being one of that, I believe. Chair Furfaro: Okay, there is a difference between "I believe" and "we did." Did you reduce this for all the dollar funded positions based on their actual salary and earnings, and the PT&E benefits associated with it? Mr. Hunt: I am going to leave it with Ernie to confirm but I cannot one hundred percent (100%) confirm without discussing with Budget Analysts. Chair Furfaro: Let us see if Ernie has a response. Are you getting us a response? Mr. Barreira: Working on it. Chair Furfaro: Okay, I am going to turn the floor over to Mr. Kagawa then. Mr. Kagawa: Historically the Health Fund account based their amounts on employees selecting family plans, right? Mr. Hunt: It is actually based on actuals. DELIBERATION & PRELIMINARY DECISION-MAKING 43 MAY 12, 2014 Mr. Kagawa: Now, it is based on actuals but historically it was based on family plans? Mr. Hunt: Historically. Mr. Kagawa: Now we are using actuals and we are adding five percent (5%) just as a buffer, right? Mr. Hunt: I believe the increase includes both the collective bargaining increase as well as what we anticipate the current pool of employees and their current plans plus again those vacant positions with some assumptions about what they would elect as a plan. Mr. Kagawa: We do not know whether that five percent (5%) is needed or not, right? Of course from a budgetary standpoint your answer would seem safer if you said you need it but it is a legitimate based on actuals, right? Mr. Hunt: Again the only caution is in prior budgets we were not doing actual to actual. We are in a current FY 2014 that would have better data when it closes but we do not have that figure or even estimated if we are going to be lapsing this year. If we were lapsing this year then I would feel a lot more comfortable saying, "yes, there is some fat," but without FY 2014 numbers where we are on actuals, I am a little concerned about making assumptions that we are going to have lapse again. Mr. Kagawa: Thank you. Mr. Barreira: Chair Furfaro, when I get the response I will route it to your support staff, if that is okay sir? Chair Furfaro: I would also like to know if this range could also be looked at a reasonable two and a half percent (2.5%) in other words taking the three, twelve, four, zero, nine (312,409) that is here and looking. at one, fifty-six, two, zero, four (156,204) —half of that. Mr. Barreira: Chair, I will do that. I do have a response that it was based on actuals and if the position was vacant then that would have been in fact excluded. It would not have been in the budget. In fact the time that the budget is put together, the position was vacant. Dollar funded—excuse me. Chair Furfaro: Which plan they took and use to calculate these benefits were based on who selected the actual plans? Mr. Barreira: It was based on the actual expenses of the previous year, yes sir. Chair Furfaro: We will look into that number. Mr. Barreira: Two point five (2.5). Chair Furfaro: But we will put it on the side for now. Mr. Barreira: Very good sir. DELIBERATION & PRELIMINARY DECISION-MAKING 44 MAY 12, 2014 Chair Furfaro: JoAnn, you have the floor. Ms. Yukimura: I am sorry, I did not get clear on whether vacant positions were included or not. Mr. Barreira: They were not included if the positions were vacant. Ms. Yukimura: Okay so no money attributed to vacant positions were included in this five percent (5%)? Mr. Barreira: And as Steve had pointed out the concern there that scenario may change in the future FY 2015 —that position could be filled. Ms. Yukimura: Okay. Thank you. Mr. Barreira: But I will get an analysis on the two point five percent (2.5%). Chair Furfaro: Based on the information you gave us, so when the fat going forward if that is not the case that these positions were not counted and someone comes to us and wants to activate a dollar funded position, you are going to then 'show us... say a fifty-two thousand dollars ($52,000) along with a twenty-six thousand dollars ($26,000) benefit package, you are going to be asking us to be funding a seventy- eight thousand dollars ($78,000) position? Because you do not have the PT&E included. Mr. Hunt: Correct. When it is a dollar fund the fringe and apparently the health is part of that has been removed from that calculation. Chair Furfaro: Okay, let us make a footnote for that, Jade, that we are starting after July 1. Further discussion? Mr. Hooser. Mr. Hooser: I want to speak generally in support of Councilmember Kagawa's suggestion. I think reality is that we have to find the money somewhere and it is through tax increases or cuts. In my opinion the least disruptive we can be to the Administration, the better. So we are not taking away people. We are cutting in an area or proposing to cut in an area that would have very little disruption and leave the Administration still the option of looking within its existing finances — it is the whole tough love thing. It forces them to operate more efficiently to come up with the money internally. I think the nature of these types of cuts are the very cuts that we should be looking for, again, because they are least disruptive to the process. Thank you. Chair Furfaro: Okay. Mr. Bynum. Mr. Bynum: So we do not need to have this discussion again, we do not know what the final outcome is going to be but your proposal is to have four hundred thousand dollars ($400,000) unassigned fund balance so should your estimates that you say are conservative...you will have to come back with a money bill and the only place to get that money is that four hundred thousand dollars ($400,000), am I correct? Mr. Hunt: That would be correct unless I am interrupting also Councilmember Hooser's statement that you are going to have find it within your operating budget elsewhere first. DELIBERATION & PRELIMINARY DECISION-MAKING 45 MAY 12, 2014 Mr. Bynum: Okay. Mr. Hunt: Closer to the end of the FY we still do not have adequate funding then we are going to have to be here asking for funding. Mr. Bynum: I just want to be clear for this and other similar types of cuts — I am not going to support them because...in other years I would. When your proposal is to leave us with a fund balance that two or three of these bad predictions can gobble it up. What are we going to do mid-year if we do not have fund balance and we have a critical emergency need? What are we going to do? Mr. Hunt: Will not have many. Mr. Bynum: Will not have any other option than to borrow money. Can we borrow money short-term for emergencies?The Charter allows us to do that but I do not know if we ever done it. Chair Furfaro: It is never a good plan to borrow money to pay operating bills. Mr. Bynum: Normally I would...in this tight fiscal situation I would support these kind of...what I consider maneuvers to save money short-term hopefully and that is okay when you got a fund balance to back stock you but we are not perhaps. I do not want to have this dialogue every time a similar cut comes up like this so I just want to say it now but I am not going to support this cut or similar ones. In other years I would. Thank you. Chair Furfaro: Okay. Now, what I would like to do is the Administration is going to actually give us information — I would like to vote on this item and at the same time if we can have some better information after lunch time, I would appreciate it. I think there should be some reach in this. I will not support the five percent (5%). I might support two and a half percent (2.5%) but I want to hold my comments until you are able to get back some information after lunch. If this vote fails at the five percent (5%) as Mr. Kagawa is saying and I get the information after lunch, I will be prepared to support him on the two and a half percent (2.5%) item. That is where I am at. I do not want to have a lot more dialogue on this suggestion unless the introducer would like to have some time? Mr. Kagawa: No. Chair Furfaro: Go ahead, you have the floor. Mr. Kagawa: Can we vote? Chair Furfaro: We can vote but we are voting on the five percent (5%). I do not know where you are at with the vote but I plan after lunch to come back with the two and a half(2.5%). Mr. Kagawa: Do you need a motion? Chair Furfaro: Yes, we would need a motion. DELIBERATION & PRELIMINARY DECISION-MAKING 46 MAY 12, 2014 Mr. Kagawa moved to reduce General, Highway, Solid Waste, Sewer, and Golf Fund Health Fund contributions by five percent (5%), seconded by Mr. Hooser. Chair Furfaro: Further discussion? If not, I guess I should do a roll call. The motion to reduce General, Highway, Solid Waste, Sewer, and Golf Fund Health Fund contributions by five percent (5%) was then put, and carried by the following vote: FOR REDUCTION: Hooser, Kagawa, Rapozo, Yukimura TOTAL—4, AGAINST REDUCTION: Bynum, Chock, Furfaro TOTAL— 3, EXCUSED & NOT VOTING: None TOTAL—0. Ms. Tanigawa: 4:3 motion passes. Chair Furfaro: It passes. Mr. Kagawa: Thank you. Chair Furfaro: I still want the information because I was prepared to support it at two and a half(2.5) but it would be good for us to have something for us to measure there. Okay to the staff, 4:3 at this point. Reductions, next one please. Does anyone have one to introduce? Mr. Rapozo: Mr. Chair, are you going to have that thing on the... Chair Furfaro: Yes, they are going to do it right now. They are working on it. Mr. Rapozo: Okay. Chair Furfaro: It is on the screen and they are working on it. I think it is just warming up. Okay, next one. Mr. Kagawa: My second cut is proposing to dollar fund the new Deputy County Attorney position — the six (6) month position. The reason I am dollar funding is because I want to give the County Attorney the option of taking moneys out of his Special Counsel account and using that to hire the person that would allow Mauna Kea or Steve Hall to do litigation full-time. I have heard it from the County Attorney that having that litigation position open...positions filled by Mauna Kea and Steve Hall will reduce the amount of moneys needed for outside Counsel. I am saying, if that works then why do you not just take that money in the amount of seventy-two thousand two hundred and twenty-five dollars ($72,225) and take that out of your Special Counsel account and you can go ahead and hire that position. When we see how it works in next year's budget if I am still here, I would be more incline to maybe even add another on that. Thank you. Chair Furfaro: Mr. Rapozo and then Mr. Hooser. Mr. Rapozo: I just want my colleagues to know that I also have a proposal but mine is a little bit different. It is to remove the position altogether. I think over the last year or so, I think we all share the concern with the accountability of the DELIBERATION & PRELIMINARY DECISION-MAKING 47 MAY 12, 2014 Office of the County Attorney. I do not believe that in fact adding one more position, one more Attorney creates a litigation team. I just do not believe that. I have been around attorney's long enough to know that if you are going to have a litigation team, it is a team. It comes with a package and just simply one more attorney is not going to do that. It is not going to meet the goals and objectives that I believe was presented to us. I will not be supporting the dollar funded. I want my colleagues again to understand that if they agree with me then they can vote your support on the removal of the position. I think it is based on accountability. I think a good manager in that office can make that office run more efficient. I want to give that a shot first before we just keep rewarding, in my opinion is the bad behavior with more positions. I am going to be support very few of the new positions proposed by the Administration this year and this is one of the positions that I simply cannot support. Thank you. • Mr. Hooser: I had to actually look at my own proposal which is real similar to what was brought up earlier and initially I was thinking that Councilmember Kagawa is right on. I looked at my proposal and it is also to delete and not to dollar fund. I would support the deletion and then let the County Attorney's Office prove itself and then come back and ask later. Thank you. Mr. Bynum: There has been a lot of discussion about accountability of the County Attorney's Office lately on Council that I have not been able to participate in. There is also the accountability of the Council's decisions and how it impacts this issue. For all the controversy of the County Attorney, we avoid looking at the successes of that team over the last couple of years. I am not going to support cutting this. Ms. Yukimura: I like the creativity of Councilmember Kagawa's suggestion. I was just wondering why we would not just reduce...transfer the money from the Special Counsel accounts and just fund the Deputy County Attorney? Mr. Kagawa: I just figured that dollar funding it means that we support it but the money would have to come at your discretion and if you want to fill it, you can go ahead and take it out of the Special Counsel account as you told us that the Special Counsel need would go down if we can have Mauna Kea or Steve Hall to do the position. I am confident in those two (2) and that is why I am choosing to dollar fund it. We can have that County Attorney come in...the new County Attorney come in and pick up some of the work that they are working on and free them up totally to work on litigation. But I think us funding it and taking it out of Special Counsel would not be giving Al the direction. This way, he can do basically what he wants with the Special Counsel money. Ms. Yukimura: The actual amount needed for this year was over a million, I think, right? I am trying to remember. Chair Furfaro: Let me recap, I think it would help with the discussion. Two (2) years ago the County Attorney's Office operated on a million dollars budget and that was for Special Counsel. After one (1) year, they reduced it to seven, fifty ($750,000) against some of our recommendations but that is what they submitted and that is what they have to live with. Then last year they reduced it to five hundred and twenty- eight ($528,000). We recently and I want to thank Mr. Hooser for voting silent on that but we recently gave them another half a million so it bought up their whole budget to one million twenty-eight thousand dollars ($1,028,000) for this year. You will see in contrary to what Walter Lewis letter implied this weekend, I do not know how he knows that I am disgruntled with the County Attorney's Office or lack the faith in it but he says that in his article but the reality is that there is basically, I did the math real quick, there is only three DELIBERATION & PRELIMINARY DECISION-MAKING 48 MAY 12, 2014 hundred and twenty-six dollars ($326,000) left in that account. He now has a system that he reports back to us where his pending is. Ten (10) of those nineteen (19) accounts he has hit the sixty-five percent (65%) spending criteria already. That is why we had ten (10) Executive Sessions on Wednesday. I am say to you right now whether you give them that Attorney or not, reality is that we should have known in cases and he will be alright, there will be nothing to carryover. I hope that helps you understand. Ms. Yukimura: It does and so I am seeing that in the Special Counsel in the Supplemental Budget, it shows six hundred fifty thousand dollars ($650,000) which is already a big drop from the two (2) previous years. Given that we do not have very big reserves, I think I will have to vote against this proposal to cut out. I think there is a great potential to reduce Special Counsel costs both through a litigation team or a focus anyway on litigation from the inside and also by better management of Special Counsel. I think by the reduced amount already we are asking for some of that kind of efficiency and I would like to give the litigation focus a chance so I guess I am not going to vote for it. Thank you. Chair Furfaro: Mr. Hooser, you have the floor. Mr. Hooser: I would like to say that if we hear the same information and come to different conclusions and that is kind of what happened here because another reason not to fund it, I think, is because their entire budget is short- funded. They are going to spend over a million dollars in their budget or six hundred and fifty and there is only four hundred in their...so they are already way too short so I would say we take out this additional money — the seventy-two thousand dollars ($72,000) or eliminate the position. Thank you. Mr. Rapozo: I just asked Mr. Kagawa if we could go with my proposal first and see how that does before we go to his at the time of the motion. I do want to say that this Council and prior Councils has offered very strong recommendations to the County Attorney's Office over the last many years, going back to the six-five percent (65%) threshold going back to the form of how to assess the case that we wanted to see this assessment form. The fact that we wanted to be briefed more often and I guess the frustration is none of those were acted upon by the County Attorney — none. Until it was becoming publicly known that this Council was getting really frustrated with this County Attorney, all of a sudden we have ten (10) Executive Sessions now. My point is, let us try the accountability mode first. Let us try to hold him accountable to that Office before we start rewarding him with more positions. This Council at any time can create a position for that Office if they want or feel they need to but I am saying let us try the avenues that we have been asking for years, let him implement that, and see where we go. I would guess, in fact, I am almost positive that if in fact what we have asked for the last several years are implemented, the costs to run that Office will drop. I believe that in all my heart and I think to give more positions, that is not how you hold Offices accountable. So, I would seek your support on my proposal. Thank you. Chair Furfaro: Anybody else have anything to share? Again, I was just referencing this comment made in Sunday's paper that, "the Chairman has no confidence," I do not know where that came from but here is the reality folks, he put in the Special Counsel because he reduced his Special Counsel fund by two hundred thousand dollars ($200,000). I would just caution you and you saw those in my notes going about, if you do not go with the additional Attorney the know that we should put money back in the Special Counsel because if not, we are going to be reliving the same thing that we are living DELIBERATION & PRELIMINARY DECISION-MAKING 49 MAY 12, 2014 right now. Mr. Kagawa, did you yield to letting us vote on Mr. Rapozo's item first? Okay, Mr. Rapozo, I will give you the floor. Mr. Rapozo moved to remove funding for the New Deputy County Attorney for the Litigation Team (6-Month Funding), seconded by Mr. Hooser. Mr. Rapozo: That is only six (6) months so if you put this in, that becomes pretty close to a hundred and fifty thousand dollars ($150,000) expenditure going forward. Chair Furfaro: This is Mr. Rapozo's piece? Mr. Rapozo: Yes. Chair Furfaro: Further discussion? If not, roll call vote. The motion to remove funding for the New Deputy County Attorney for the Litigation Team (6-Month Funding), was then put and failed by the following vote: FOR REMOVAL: Hooser, Kagawa, Rapozo TOTAL— 3, AGAINST REMOVAL: Bynum, Chock, Yukimura, Furfaro TOTAL—4, EXCUSED & NOT VOTING: None TOTAL—0. Chair Furfaro: 4:3. Ms. Fountain-Tanigawa: It does not pass. Chair Furfaro: I guess we will go to Mr. Kagawa's piece now. Mr. Kagawa moved to Dollar Fund New Deputy County Attorney for the Litigation Team (6-Month Funding), seconded by Mr. Hooser. Chair Furfaro: Further dialogue, Mr. Kagawa, I will give you the floor? No? Roll call vote, please. The motion to Dollar Fund New Deputy County Attorney for the Litigation Team (6-Month Funding), was then put and carried by the following vote: FOR MOTION: Chock, Hooser, Kagawa, Rapozo TOTAL— 4, AGAINST MOTION: Bynum, Yukimura, Furfaro TOTAL— 3, EXCUSED & NOT VOTING: None TOTAL—0. Ms. Fountain-Tanigawa: 4:3, motion passes. Chair Furfaro: Councilmember Kagawa's piece passes. Staff, can you put the appropriate number on the board. Do we have any new cuts? Mr. Kagawa. Mr. Kagawa: I am going for the hat-trick — I got two for two so far. Thank you, members. My last one is the toughest one because I know it will be hard to bite but again this falls in line exactly with my colleague Councilmember Hooser said at some point we must do and we must tighten the belts of each Department and the management has the ability, I believe, with the amounts that has been lapsing each year in each Department. If they do not want to give up the cuts then we as the Council need to be DELIBERATION & PRELIMINARY DECISION-MAKING 50 MAY 12, 2014 the strong ones and tighten the belts ourselves. This will be an overtime reduction of twenty percent (20%) to every overtime line item saving the County eight hundred and ninety-nine thousand four hundred forty-one dollars ($899,441). Can I make a short comment, Mr. Chair? Chair Furfaro: Yes. Mr. Kagawa: When I look at the direction of the County in the next four (4) years or so especially...I am not picking out any Department but just looking at Police and Fire the operations, salaries are thirteen million dollars ($13,000,000) in the Police Department and two million dollars ($2,000,000) overtime for those operations of Police. The Fire Department, they came under the Cost Control Commission because it came up as a concern — eight point eight million dollars ($8,800,000) operations in salaries and overtime, if you add up regular overtime of seven hundred thousand dollars ($700,000), you add the rank for rank of eight hundred and fifty-nine thousand ($859,000), you add the premium pay of four hundred and fifty-eight thousand dollars ($458,000), for eight point eight million dollars ($8,800,000) of normal salaries, over two million dollars overtime pay. I am just looking forward now. These are when the lowest paid salaries of each Department is at fifty-five thousand dollars ($55,000) approximately. In three (3) years the lowest paid Police Office and Fire man will be up to seventy-one thousand dollars ($71,000). If we do not start controlling overtime now, it will break the camel's back. I am very afraid for the future of our island and our status and how the regular middle class and poor person will be able to afford surviving on this island. I urge Councilmembers, this is the year that we can take that strong stance for the future and I believe management can do it. It is always been...they have been trying but they have not been trying hard enough in scrutinizing approvals of overtime. Again, I believe it will not impact the services that are out there. I think tough choices need to be made and if it cannot be made, I believe there is fat. If I just talk about Police and Fire, those are the two (2) largest budgets in the County if you say that everybody has fat, the largest budgets will have the most fat. This certainly goes for every account in the County and I think it is all about kOkua, Mr. Chair, and everybody needs to kokua including our own overtime budget. Thank you. Mr. Bynum: I do not know where to start with this...but let me start with Police and Fire. I have been here a long time and the Police and Fire have come here and have given us very detailed analysis of their overtime. These Departments use overtime structurally to run at the most efficiency. I will not be supporting this by any way shape or form. I think if we vote for this without calling the Police Chief and Fire Chief up here and asking them what impact this will have and have us remind them in their Departments overtime is used structurally for efficiencies, the Police Department has to use overtime because they have to serve the public and they have not been able to be fully staffed until recently. This is just untenable this kind of twenty percent (20%) across the board, in my opinion. Thank you. Ms. Yukimura: I appreciate Councilmember Kagawa's look at these issues but I am deeply concerned about the small Departments that are doing a huge work on behalf of the public — Transportation used all of its overtime, it is part of the bus system as it works and I think they are already struggling with a small budget that is very, very lean. So to cut twenty percent (20%) across the board, to me, is untenable with the small Departments. I look at Housing too and they are struggling just to survive in terms of their positions, their federal funding is being cut, it is down to the bone and I do not think we can do that to them. It would be really hurting their operations and the people that they serve. I would be open to a more focused kind of cut but not across the board. DELIBERATION & PRELIMINARY DECISION-MAKING 51 MAY 12, 2014 Mr. Kagawa: Can I respond? Chair Furfaro: Sure. Mr. Kagawa: We are ignoring the fact that we always hear that there is a lot of money that are lapsing each year in every Department, so your comments fine however you are assuming that every Department is spending every dollar and that is not happening. That has never happened. We are always lapsing money and Transportation is not a small budget. It is a big budget. Just like every other Department that is being asked, I think, if you remember what I said earlier, all of my savings will go into our savings or reserve account and if there is a need mid-year, they can come before the Council and we can put it right back so that those that are seriously effecting services and what have you will have that savings. This is a way to tighten the belt and we will have that savings. If we do not make any cuts, we will not have any savings and we will not be able to give anything upon emergency. I just think it is a big step. It is a tough step but we are certainly elected to do. We need to serve the general public and we need to try to do what we can to control our spending going forward. Thank you. Mr. Hooser: Again, I support Councilmember Kagawa's initiative on this and it does not eliminate or prevent these services from being provided. It just holds the Departments far more accountable and it makes it far more difficult for the money to be spent. As they move forward and if the reality of their budgets are as such that they absolutely have to have more funds for more overtime, they cannot live within their budget then they come back and they justify that request to the Council. It makes everybody work much harder to spend the money. It is not so easy just to go run through their budgets. I believe this is the budget year, if any year, that we need to tighten up the process as much as we can. Again, if there are legitimate needs, come before the Council or work within your own budgets but if need be come before the Council and ask for additional funds but it will definitely increase accountability, increase efficiency, and help us balance the budget. Thank you. Mr. Rapozo: If Mr. Kagawa was asking for the eight hundred and ninety-nine thousand dollars ($899,000) to build the sports complex or a project that he would like to see done then I can tell you that I would not support this but right now there is really no incentive or pressure for any Department to really scrutinize overtime. Last week here I asked Solid Waste if they had changed the schedule which had been an issue for a couple budgets now of the green waste hauling, if they had changed the schedule of the hauling to move it from a weekend to a weekday — that they had the overlap. The acknowledgment I got or the response I got from Solid Waste was that they did not. Until the well is dry, nothing is going to change. The behavior is not going to change. That is one (1) area that could drastically cut overtime. I share the concerns of the public safety and the fact that the Police and Fire rely a lot on their overtime but I also believe that forcing all Departments to be more accountable, to actually sit down and figure out a way in their staff meetings how we can cut overtime, nothing is going to change. Until that happens, nothing is going to change. We just look at it as a given and we got to work around this and do not worry about it because the taxpayers will pay. We will just raise the taxes to meet these demands of expenditures when we are not, I do not think we are doing our fair share. We are not sharing with the public saying that we are cutting and we are asking you to help out. I will feel more comfortable when we asking the taxpayers to step up when we, ourselves are stepping up and not just cutting dollar funding positions or moving money from one account to another. I am talking about real cuts. I would definitely agree with Mr. Kagawa that these funds need to go into the emergency fund/surplus fund so that it is available should the Department, regardless of which Department it is, can justify the need DELIBERATION & PRELIMINARY DECISION-MAKING 52 MAY 12, 2014 for more overtime that we will have it available. I think the exercise need to get started and I think this is the year to do it. I am going to support the proposal. Thank you. Chair Furfaro: I want to caution all of you and I want you to know that I said this purposely this morning. I am talking to right now with several years of management experience. I know we got to propose cuts but I have to tell you that these cuts need to be realistic and they need to be documented in a sense the those people managing those areas need to have a chance to tell us what kind of goals they can set and so forth. That is where we should deliver the message. We should not do this by force and just saying that is what it is, so I would like to postpone the on this until after lunch, and then after lunch have the Police and Fire Chiefs here. Also, if you read my notes, I already tapped the Fire Department in my comments and they followed through, am I correct Steve, and I just need a shake of the head. Ms. Yukimura: Yes. Chair Furfaro: So it is not necessarily something across the board and that was based on the fact that we had this very unfair overtime handed to us in the rank for rank that they have been working on. I would hope that you would allow me to take this item after we have the Police Chief and Fire Chief here just to hear from them. Is that acceptable? Okay, we are going to do that and we are...did you want to comment? Mr. Bynum: JoAnn brought up another Department where overtime is not a luxury, it is part of the structure of the Department, I believe, so I definitely encourage us to do that. I need we need to hear from the Police and Fire but I do not think they can function with this cut as intended. My final point is that this budget happens in the context of years of structural change. This Council that I am very proud of because we addressed this variance issue very assertively and the Administration responded. We have tightened up all of those places very considerably to the point where some of these cuts, I said no can...I do not see how these Departments could function if we took this out. They would be coming back here for certain. It is not, maybe they will come back and we even talked about hope today, "I hope this..." we cannot talk about "hope," we have to do something we know will work next year. Chair Furfaro: So, if you folks do not mind, Mr. Rapozo, you have the floor real quick. Mr. Rapozo: I know it is coming up on lunch, so I just wanted to try to get one that we could probably do relatively quickly. Chair Furfaro: I think it is lunch time now. Again my comments here is from a standpoint of being a senior manager, I have read operating budgets since (inaudible) and I think if we are going to hold a reduction like this to these Department Heads, it would be good to hear from them. Also, in my earlier go about, I did make a reduction in the Fire Department, so I am•not sure if it can be across the board but I appreciate what you are doing here Mr. Kagawa, please do not get me wrong but I would like to hear from these two (2) public safety Department Heads. We will recess for lunch on this note. We will be back at 1:30 p.m. There being no objections, the Committee recessed at 12:31 p.m. The Committee was called back to order at 1:37 p.m., and proceeded as follows: DELIBERATION & PRELIMINARY DECISION-MAKING 53 MAY 12, 2014 Chair Furfaro: We are back from lunch and we will continue on our decision-making process here. I see Nadine just explained to me that the Department Heads here were here for the opening comments but they were scheduled to be back as we go into decision-making process. I just want to point out that I had only asked for the Police Chief and the Fire Chief. Coming back from lunch, we had an item that was proposed on the floor. We do not have a seconded and it deals with overtime. The proposal on overtime was to reduce overtime by twenty percent (20%). Before we go any further, I want to get some clarification and I do not care if it is from Steve or Ernie, but I would like to get one (1) of you. I would like to get a definition of something. Could one (1) of you come up to the table? There being no objections, the rules were suspended. Chair Furfaro: In the hotel and resort business we define overtime as an issue that deals with call-backs for filling in vacancies, additional staffing requirements because changes in the house count or the forecast of the restaurant and so forth, and other particular overtime is often referenced as premium pay. Premium pay is pay that is given for contractual agreements — holidays, mandated requirements to fill in for supervisors that are off and so forth. We have overtime here defined as any one and a half times of pay regardless of it being in a contract or not, you do not...there is no differential in the line item or the terminology. So, when we say overtime, it is all overtime including that is in the bargaining unit agreements, can you help us understand before I give the floor to Mr. Kagawa? Mr. Barreira: This came up during the budget deliberations and hearing earlier this year. All overtime for County and State employees are all driven by that which is defined in our collective bargaining unit agreements. Chair Furfaro: But what I am saying is if you have an bargaining agreement that specifies who needs to be used or who is called back when there is a filling for a vacancy, some of those are done by contract and that is not referred to as premium pay or is referred to as premium pay? Then there are other demands that occur that are pure overtime for operational issues but here it is one line item. Mr. Barreira: This issues with respect to premium pay, I would like to get you an accurate information so when we are pursuing other business, I am going to ask Human Resources (HR) to speak to that issue and get you through Council staff a specific answer in terms of premium pay. I can tell you that in terms of overtime Chair when you talked about a specific order, that also especially in the UPW and all unions are defined by seniority. Chair Furfaro: That I understand but there is no definition when we have a bill being introduced to reduce overtime by twenty percent (20%) across the board, you are basically telling me that there is no way that I can decipher which are by contract, transfers, and so forth versus operational issues. You cannot define that to me. You do not have two (2) separate line items in the budget. Mr. Barreira: I will get you a response to answer your question, sir. The meeting was called back to order, and proceeded as follows: DELIBERATION & PRELIMINARY DECISION-MAKING 54 MAY 12, 2014 Chair Furfaro: Okay. That is the best we can do for now. I want to keep the questions limited because we do not have a second on this motion yet. I would like to get a seconded before we go any further. Mr. Hooser: I actually did not hear the motion but I am prepared to second. Mr. Kagawa moved to Reduce Overtime by 20% (General Fund, Highway Fund, Solid Waste Fund, Sewer Fund, and Golf Fund), seconded by Mr. Hooser. Chair Furfaro: Now I will take discussion. Mr. Kagawa: I think you called the Police Department and the Fire Department here to come and tell us by cutting twenty percent (20%), what are going to lose? Let me tell you what my justification for saying that we do have money in there as Councilmember Hooser said to move around within the Department. I am looking at page 34 of the CAFR, you all have that. In FY 2013 the Police Department lapsed nine hundred and one thousand dollars ($901,000), the Fire Department lapsed one point six million dollars ($1,600,000). That is money that was in the budget that was not spent. For the Police Department, they have the most to lose. They have two million dollars ($2,000,000) in their overtime budget — twenty percent (20%) of two million dollars ($2,000,000) is four hundred thousand ($400,000). For the Fire Department, their overtime budget only has about seven hundred thousand dollars ($700,000) in there because I do not believe the overtime cut will affect premium and rank for rank because that is all contractual obligated. But seven hundred thousand dollars ($700,000) take twenty percent (20%) is a hundred and forty thousand dollars ($140,000) so the Police Department is the one that will be most affected but they have like I said if you look at the last lapsed amount in the CAFR, I believe that they may have enough money in there and like I said the reason that we are going to try and reduce overtime County-wide and we will have those money in fund balance so that if the need arises and they do not have money that are extra or lapsing, they can come back to the Council, and they can have exactly what they asked for in the • budget or even more if the need arises. At some point we need to tighten the belt across the board in the County and there is money that is lapsing. I can look at every Department, almost and they have it but as Steve pointed out we are getting closer to actuals. The lapsing amounts are reducing. Those are the two (2) big ones. For example, Transportation only lapsed ninety-one thousand dollars ($91,000) that is not a lot of play and they are pretty close to actual. Like I said it is a fair... "across the board means every Department giving up something." What are we achieving? We are achieving a savings instead of achieving zero or just a balanced budget where we have no savings. I feel like this is a way to go to achieving our chances for bond rating and I do not know really what is the big fuss because I believe that it can be done it you just look at page 34 of the CAFR. Thank you. Chair Furfaro: Just for clarification so we all know especially you in the audience; that is the carryover of the whole Department. That is the carryover of the pay roll line. That is for the whole Department. Mr. Bynum: Like I said I have been here for a while. We have been discussing and scrubbing overtime for a number of years, the variances that Councilmember Kagawa talks about have been reduced substantially over the last few years with collaborative work between the Administration and the Council. We have already a tight budget. I believe Fire just cut overtime recently. I believe not overtime is created equal. Sometimes overtime used judiciously saves money and is structural and in some Departments like Police and Fire, I think it is structural to their operations. I do not DELIBERATION & PRELIMINARY DECISION-MAKING 55 MAY 12, 2014 believe that some of these Departments...and that is my question, can operate with this big of a cut — four hundred thousand dollars ($400,000) additional from the Police Department right now. They are counting on this. They already scrubbed and we dealt with the variances and the positions. This budget is happened in a context of a lot of work that brought us to this point. I really want to hear from those Departments in particular but there may be others where overtime is not a bad thing. It is something that is part of the structure of the Department and necessary. I do not support this kind of very large cut without thoughtful consideration of its impact on each Department. Thank you. Mr. Hooser: Chair, if the Department Head is going to speak, I will listen to them first and then speak. Chair Furfaro: Fair enough. We will likely hear from the Police Chief and the Fire Chief first from public safety to talk in terms of the budgeted overtime. There being no objections, the rules were suspended. DARRYL D. PERRY, Chief of Police: Good afternoon. With respect to the economic situation...I really appreciate having the time to explain... in terms of the CAFR the nine hundred and so thousand dollars, I would have to look at each line item but in regarding to overtime, again, you have to realize that we are filling all of our positions. We did use the three (3) year actuals and came out with a baseline number and of that we cut another two hundred and fifty thousand dollars ($250,000). In terms of our assessment of our needs, we felt that we are as low as we can go. Now the CAFR indicates that there is about nine hundred thousand dollars that we returned and those were based on the status of the Department from last year and equipment purposes that we were not able to make. But these situations are going to be changed in the very near future not to mention the collective bargaining agreements that were reached recently. Those are financial liabilities...well I should not call it liabilities...obligations that we need to honor because it is collective bargaining. In terms of our overtime expenditures, there are aside from personnel changes and the TA and the rest, there also unanticipated events that take place. These are the anticipated events that we cannot predict and that is why we use our actuals. For example, recent hostage situation in Iuilauea, recent traffic fatalities, the GMO of course we all know about that, and the amount of money that we spent there, tsunami warnings...I am cautiously saying that these events will continue to escalate. In Civil Defense, we continue to check what is happening in the world and the areas such as South America and our other neighbors and there is an increase of number of earthquakes that have been going on. Now, we have not received any tsunami alerts yet but it is only a matter of time. These are events that are unanticipated that will cause overtime for our officers to respond. Deputy, is there anything else you would like to say? MICHAEL M. CONTRADES, Deputy Chief of Police: Good afternoon. I just wanted to add and reiterate what the Chief said. The outlook this year is going to be a little different than in the past. We are very close to filling all those vacancies. I think you got the report and current status of each position. We will not have unexpended salaries to rely on anymore. I listened earlier about how the plan was to utilize peoples positions that retire and utilize the money that was in that position to pay for vacation payouts and whatnot, that is going to be another area where we will not be able to tap into if we needed the funds. I think another thing that needs to be recognized is that because of the raises, we are going to be paying higher overtime rates when people make overtime. We have done a tremendous amount to reduce overtime as much as we can. We are going to continue to keep clamps on it and watch it very closely but as the Chief said there will be things that occur that we cannot anticipate. We did budget as close to reality as possible. We were DELIBERATION & PRELIMINARY DECISION-MAKING 56 MAY 12, 2014 using and we think it is a great idea with the three (3) year averages and like the Chief mentioned, we budgeted based on our three (3) year average and then reduced another two hundred fifty thousand dollars ($250,000) from that. And so another four hundred thousand dollars ($400,000) will be a tough hit for us to take. Our alternative is that we are going to have to look at different ways to reduce overtime which includes services. So at some point we may have to make difficult decisions that we prefer of course not to make. We have tried this past year very, very hard to reduce that amount of overtime. Chair Furfaro: As to the two (2) gentlemen the same question I am going to ask the Chief, as it relates to the CAFR and it relates to your total budget versus what is perceived as the payroll. For the whole Department this year you have a budget of twenty-eight million nine ($28,900,000). When the CAFR was concluded in June 2013, your Department spent twenty-five one, so those are actuals against your new forecast. The difference is two million seven, what are the substantial differences in your Department starting first with the payroll increases that happen through bargaining unit? We are all thinking there is nine hundred thousand dollars left over but when you compare with actual ending last year to what is in the books now, you have to add back in some of the big costs and I am going to be asking the Fire Department the same thing. There is a perception there is nine hundred thousand dollars worth of wiggle room but in reality there is two point eight million dollars difference. How much of that is in bargaining unit agreement? Chief Perry: Chair, I do have that information for you today but I can get it for you. Chair Furfaro: Okay, we need to have that. You need to know the difference between the 2013 actual, we do not have an ending for 2014 but there have been a lot of things happening from the CAFR till now. Pretty much that nine hundred thousand is not available whether it is coming from the payroll line or not, that is not what your operating budget is reflecting. I would think that the Administration, Finance, and the Budget people are prepared to answer that question for me, Ernie? Okay? I am asking you right now we have a CAFR of twenty-five million one in FY 2013, we have a budget now of twenty-eight nine, the difference is three million eight, how much of that is payroll, new leases, operating costs for utilities and so forth. That is the only way we can make a true comparison. Gentlemen, if you can help them with that, I would appreciate it. Questions for the Police Department? No. Thank you. Can we have Fire up? ROBERT F. WESTERMAN, Fire Chief: Good afternoon. JOHN T. BLALOCK, Deputy Fire Chief: Good afternoon. Chair Furfaro: Gentlemen, same question comparing the FY 2013 CAFR ending and the new FY 2015 budget. Your CAFR went from twenty-one million nine to twenty-five nine with a difference of almost four million dollars ($4,000,000). How much of that in two (2) years is bargaining unit agreements, new equipment, and other operating cost as it relates to especially with the fire houses, energy increases and cost associated with the new equipment, do you folks know? Chief Westerman: We can get that for you, Chair, but I can tell you that ninety percent (90%) of that was negotiated in the new bargaining unit because we actually reduced our operating funds by almost five hundred thousand dollars. Chair Furfaro: So, Chief, you are following my question here. DELIBERATION & PRELIMINARY DECISION-MAKING 57 MAY 12, 2014 Chief Westerman: Yes, sir. Chair Furfaro: Because you cannot take the 2013 CAFR and in between two (2) years you have had bargaining unit increases, utility changes, and equipment additions and say that is going to be a carryover. Chief Westerman: Yes, sir. Chair Furfaro: So same question I have for you folks is the same question I have for Police. Go ahead, JoAnn. Ms. Yukimura: Chief, you said that ninety percent (90%) of that four million difference in this year's budget versus next year budget is due to collective bargaining increases? Chief Westerman: Yes, and I can get you the exact figures on that. I am speaking off the top of my head but I know what I budgeted I did not budget any increases that I absolutely did not have to. Ms. Yukimura: Yes, okay. Chair Furfaro: Was she just sweater to ask the question so you will get it back to her or will tend to get it back to me? Chief Westerman: Yes, sir. I am sorry. Chair Furfaro: Oh thank you. Just thought I would get that clarified. Chief Westerman: Sorry, Councilmember, I will get that answer back to the Chair. Ms. Yukimura: I understand that is what you were going to do. In other words you actually reduced your operating, you said, by five million to try to stay within the budgetary guidelines? Chief Westerman: No. I did not say that I reduced my operating budget by five million. I reduced my operating budget, if I remember right, by about five hundred thousand. Ms. Yukimura: Five hundred thousand dollars ($500,000), okay, thank you for the correction. Thank you for the recent cuts in your overtime that have already been made in the supplemental, right? Chief Westerman: Yes, and we appreciate the Administration coming to us and saying, "where is it that you can cut," instead of taking a broad slash of twenty percent (20%) off anything. Ms. Yukimura: Right. Chief Westerman: This is a good example, I agree there is seven hundred thousand dollars in overtime, if we just talk the overtime section of the operating DELIBERATION & PRELIMINARY DECISION-MAKING 58 MAY 12, 2014 budget but in that category are two (2) different categories, one is overtime and that is for when people who do not show up and we got to pay for it or we are doing fires and we got people... that is only seventy-seven thousand dollars ($77,000). The other six hundred and eighty thousand dollars ($680,000) in that line item is for holiday pay. Now we did reduce that by some already because holiday pay even though it is negotiated needs to be paid, they do not all take holiday the same way. Some guys might actually take the day off, some firefighters might actually take the day off and take their holiday pay, other may work it and we will have to pay them overtime for working the holiday. The majority do that. Again, that is one of those line items that is a best guess. We could budget a little either way and we already reduced some of that early estimates. The other line items and it is kind of the same in each of the Divisions except for Admin—for the most part. It is only the BC's but the rest of us on the forty (40) hour week we take the time off the same way with training and prevention. Ocean Safety and operations which are two (2) biggest budget items, they have to work the holiday. Ms. Yukimura: Thank you for having that breakdown. That is very helpful. Chair Furfaro: Mr. Bynum. Mr. Bynum: Would it be accurate to say over the years you presented us pretty tight budgets and had maybe the least amount of variance of any Department, would that be accurate? Chief Westerman: Well we tried to and I agree there are years that we lapsed more money than others and in those years, a good example, three (3) CAFRs before that we lapse ninety-three thousand dollars ($93,000). At twenty-two million dollars budget, believe me that my cheeks were tight as we were coming up the end of the year because if I would have over spent, we would have really been in a predicament. The next year we plus up something's and did not cut down some others so we lapsed a little more. In the last one also as we were moving through and brining on the full cost of the safer — the fifteen (15) safer and that is kind of why our budget line items have changed. What might seem drastically too is we have finally brought the full cost of the fifteen (15) safer firefighters. So, that incrementally has increased our budget over the last five (5) years. Mr. Bynum: I think you are kind of making my point that not all overtime is created equal. We had a cut earlier today that was five percent (5%) of the health fund contribution. Five percent (5%) I do not think that is a wise kind of thing to do but in this instance it is twenty percent (20%) of overtime when you just said that the vast majority is just about a circumstance you meet to the Fire Department that you do not take holiday's off—the firefighters do not anyway. Thank you. Mr. Kagawa: I am just looking at this CAFR page 34 and it shows that for FY ending June 30, 2013 you lapsed one point six million. Chief Westerman: Yes, sir. Mr. Kagawa: Which was by far the largest in any Department in the County. Would it be fair to say that in that year you did not do such a good job in projecting your budget? You actually asked for one point six million more than you needed. Chief Westerman: I guess you can make that assumption. DELIBERATION & PRELIMINARY DECISION-MAKING 59 MAY 12, 2014 Mr. Kagawa: Is there a particular reason why that happened? Chief Westerman: No, I thought as we went through the budget process and actually we cut back significantly as we went through the budget process that that is what we would need to expend through the year. Again, a lot of things that happened in the budget; how much overtime we used, shortage of Water Safety Officers, shortage of Firefighters, salary items that...and I look at it this way, I did a very good job of not spending my entire budget because I did not use personnel and took a risk on any one (1) day versus another and did not use overtime or salary for a particular day. Now, I agree that is significant and a lot of it was OPEB. OPEB was one of those ones we guessed at through the years and we try to fund it as much as we possibly can but I do not want to misspeak for Finance but we budget for twenty-four or twenty-five percent (25%) and we ended up... the actuary only charges us twenty-two or twenty-three percent (23%) and on an eighteen million dollars worth of salaries, that is pretty huge. Mr. Kagawa: I appreciate that, Chief because I know some manager, the Department Heads will make it a point to spend all of their money whether they need it or not just to show a small variance. Chief Westerman: Right. Mr. Kagawa: And by showing a large variance that means you pretty much...you bought what was necessary and you did not overspend in areas that you did not need to. I am not saying that it is a bad thing to lapse a lot of money. What I am saying is in doing our cuts this year, I just thought of it as a fair way to tighten everybody's belt and this is where you could take some of those moneys if you are short a hundred and forty thousand after I make my cut, if you are short even two hundred thousand, you could take it from other accounts which you may foresee as being more than needed, more than the actuals are going to end up and do whatever you need to do as a manager and provide the same services that you would be providing anyway. I think every budget has some that lapse and I am saying that there is a little room for everybody but it is just our way on the Council of trying to set a tone where managers will try and get that overtime numbers down. I do feel that although, I know some points it is inevitable that we need to spend overtime whether it be two million a year or what have you but I am just afraid for the future. How long can we continue to increase overtime and just say, "we cannot do anything about it?" I am troubled that if we do not at least try to do as much as we can internally that we are heading for a very dark future. That is all my reasons. It is not to pick on any Manager or Department. I think it is trying to do a good thing actually in trying to make sure that we set a better tone going forward because we are not at the point where we have that big savings anymore. Mr. Rapozo: Chief, I just went through the budget real quick and basically what I saw from each Division, I am showing a non-contractual overtime amount of about two hundred and five thousand. Does that sound right? Chief Westerman: I would say that sounds about right. That would include some...you must have gotten a good chunk of that out of prevention also? Mr. Rapozo: Yes. Chief Westerman: And we use that for our education program but yes, that (inaudible). DELIBERATION & PRELIMINARY DECISION-MAKING 60 MAY 12, 2014 Mr. Rapozo: Anything that was not contract mandated I just put it on. I think the training section or prevention section was somewhere like ten thousand or something like that. Chief Westerman: Yes. Mr. Rapozo: It was very small. Chief Westerman: With recruit class. Mr. Rapozo: But we actually have control over that is not required by contract is about two hundred grand. I am not sure what number our staff used when they calculated the General Fund overtime, I am not sure how they allocated if it was total because obviously we cannot touch the collective bargaining required for Fire and Police on overtime, I mean holiday, night differential, all of these things that get premium pay. Obviously we cannot touch that. I did not do the Police Department because it is a much larger budget to go through but I would assume it is similar that majority of the overtime goes towards the contract mandates. My question is as you sit here today and you plot out your trends for the reminder of this FY what is your anticipated lapse or what will your anticipated lapse be without any rush to spend? Let us just say if you stay on track as you are right now, borrowing any natural disasters or anything like that, what do you anticipate your lapse or your... Chief Westerman: On the current year that we are in right now? Mr. Rapozo: Yes. Because I think that is the point that Mr. Kagawa is trying to make using the CAFR numbers. Chief Westerman: Right. Mr. Rapozo: And sometimes the CAFR numbers can be deceiving as well because there are some funds that were approved for the current budget that had not been encumbered and for whatever reason we talked about the Police car, eighteen (18) months they get a Police car delivered. I would assume that there is some of that in there but it is very difficult to tell. But using the real numbers today... Chief Westerman: I must apologize I can give you that exact amount only I do not have that document with me right now. I carry it with me on a daily basis and I track where our spending is going but if I remember the last time I looked at it, we are right now on track for turning over five hundred and twenty thousand dollars ($520,000). Mr. Rapozo: Lapsing about five hundred twenty thousand? Chief Westerman: Lapsing about five hundred twenty thousand dollars ($520,000) but again since we are not near the end of the year, we have salaries now that we did not have in the past and so we are going to start slowing that trend down because now we have the full hires on, their overtime will go down, and a lot of other things will affect that but right now if I remember the last time I looked at it a couple days ago, it was about five hundred and twenty thousand dollars ($520,000). Mr. Rapozo: I do not need to Chief to come up but if you can provide that to us as well, what you anticipated... what did you just call it? DELIBERATION & PRELIMINARY DECISION-MAKING 61 MAY 12, 2014 Mr. Blalock: Lapse. Mr. Rapozo: No, you called it something else. Turn back or turn in...whatever you not going spend. I would appreciate that if we could get that at some point today, maybe staff can go run over there and see if they have it. Chair Furfaro: So to the two (2) Chiefs, I hope you guys understood the differences I was pointing out in comparing the CAFR and I think Mr. Rapozo summed it up very well too because there is money you may have gotten towards the end of the year in 2013 that did not actually be tapped when the CAFR closed. Also, you have a situation here where you have... I think you probably with your own accounting people have a better number then us because we only have until the end of February in front of us to know what those lapses would be. Here is the other problem; we do not have all the data entry people here that can categorize every line item we have here for overtime. We do not know how much is premium by contract, how many is overtime for call back sick, but yet it is provided to us but it is not categorized for us. I still want you do the exercise I asked along with Finance. I want you to take the numbers that I read to you as it relates to 2013 CAFR, all the bargaining unit increase that you had, you had new electric equipment that came onboard to the fire houses, all of those things. So, that is where you can explain the variances especially for this line item which was overtime. I will close by asking you because I think Mr. Kagawa is on to something but let me ask you, on pure overtime, what if you felt the amendment was asking for a five percent (5%) reduction in your overtime, how do you feel about that? Chief Westerman: Again Chair it depends on which line items you want to classify as overtime. Chair Furfaro: We are going to do operating overtime. Chief Westerman: Just on operating overtime. Chair Furfaro: Yes. Chief Westerman: The five percent (5%) is fine. Chair Furfaro: Okay. Questions? Mr. Bynum. Mr. Bynum: Two hundred thousand dollars ($200,000) is contractually and we want to cut that one forty, what is that going to do? And if five percent (5%) of two hundred...what is five percent of that? Chief Westerman: Ten thousand dollars ($10,000). Mr. Bynum: That is a big difference between that and a hundred and forty. Chief Westerman: Yes. Mr. Bynum: And if all you have is sixty thousand for the whole year, are you going to make it through the year realistically? DELIBERATION & PRELIMINARY DECISION-MAKING 62 MAY 12, 2014 Chief Westerman: Well we will just have to transfer funds from somewhere else, watch what we are doing, and transfer funds. We do that in our routine basis now so as we run ourselves short somewhere, we transfer funds somewhere else. The difference again being that we can only move salary to salary items and so we are just talking salary items here. Mr. Bynum: Okay. Thank you. Chair Furfaro: In all fairness you could at least attempt to reach five percent (5%) if Mr. Kagawa came back with another offer here? Chief Westerman: Yes, sir. Chair Furfaro: It is reasonable reach. Chief Westerman: Yes. Chair Furfaro: Anymore questions for the Fire Department? Ernie, did you want to add anything before we move on? Okay. I will call the meeting back to order. The meeting was called back to order, and proceeded as follows: Chair Furfaro: Mr. Kagawa, we would take a vote here and whatever the outcome is if it does not pass, would you consider reintroducing at five percent (5%)? Mr. Kagawa: Five percent (5%) is better than zero. At least it is...we are not tightening our belt four notches, we will be tightening it one (1) notch. Chair Furfaro: And I appreciate what you are attempting to do in your motion. Mr. Hooser: Chair, I appreciate the discussion and from Police and Fire especially and Councilmember Kagawa for making this all happen in terms of the conversation and discussion that we are having today. It is important to put this in a context and we did that a little bit in the beginning of the meeting but I think it is important to remind the public and ourselves that we have four hundred thousand dollars ($400,000) in unrestricted funds in the budget leftover. We just had our bonds downgraded...our bond rating downgraded and we really are in very, very bad shape. Someone say could easily be in bankruptcy if something bad happen in terms of an economic downfall other kind of disaster so we have to remember that and remember that we cannot just have taxpayers picking up the dime on everything. There are people out there on fixed incomes, businesses are struggling, and to them just like it is difficult for the Police and Fire to make their budgets work with overtime, it is very difficult for many people in the community to make their budgets work as well. I think we should tighten this belt just as tight as we can and I would much rather see a ten percent (10%) reduction and just go halfway on Councilmembers proposal and again if we get to the last three quarters of the next year and they are having trouble, they can come in and validate to show legitimately where that money was spend and the condition of the budget, they can ask for additional funds. At the end of the day the taxpayers will have to make up the difference and when we have to rebuild our surpluses and we have to have in my opinion a DELIBERATION & PRELIMINARY DECISION-MAKING 63 MAY 12, 2014 sustainable budget and it is our responsibility to do so and I think this is a good step in the right direction. I would encourage people to think about ten percent (10%). Thank you. Ms. Yukimura: Yes, I still have my concerns about the small Departments. I think they are much more impacted by what seems to be like small cuts and I would be willing to consider five percent (5%) to the larger Departments but I am not clear yet that smaller Departments can really handle it. If they have to come back again, if that becomes a given, that does not help either—just the time and effort and paperwork to come back. That does not make sense either. If it is a more "if y" question about whether that is going to happen, I can see the value of that but not to just make extra work and extra time to come back. It does not make sense to me. Mr. Rapozo: I would ask Mr. Kagawa to hold off on the vote right now. I am concerned because we are talking about two (2) different numbers. We are talking about mandatory overtime which we have no control of and then we have the...as you call it the operating overtime which is for the day to day unexpected —people that call in sick or whatever and you got to call in sick. We are talking about two (2) different numbers and it is significant. Twenty percent (20%) of the total number that Mr. Kagawa proposed versus five percent (5%) is substantial but what I would like to see as described the fire none required overtime is two hundred five thousand dollars ($205,000), that is what I would call a discretionary overtime where the Chief actually has the discretion and the ability to control through shift changes, through certain different things that he could use within his power and authority to correct the excessive use overtime. I guess what I am asking is that we have staff and with the help of the Administration separate those numbers and I think this only applies, I would assume it would only applies to Solid Waste, I would guess. Solid Waste might have some...because they work on holiday's right? I think that even extends to that Department as well but what are the true numbers that we are talking about that I would call the discretionary overtime and if Scott could work with the Administration and get that numbers. I think then we can make up a more educated and informed decision on how much we believe can be reduced. I appreciate the Fire Chief saying five percent (5%) would be okay but I mean I would kind of like for all of us be on the same page as what are we really talking about. What number are we really talking about? If Mr. Kagawa does not mind, I would ask if we hold off on that. I do not know how long it would take to get those numbers. That would be my request Mr. Chair. Chair Furfaro: To the big Departments — Chief, Fire, Public Works, I am going to ask you to provide my staff with that number as I showed you in this document. It is not broken down that we have an understanding. Now we understand that we are dealing with two hundred five thousand dollars ($205,000) for the Fire Department and at five percent (5%) it is a savings of ten thousand two fifty dollars ($10,250) but I am asking those big Departments on the operating overtime to give those numbers to my staff so we can revisit this. So we are all on the same page, okay. Mr. Bynum, you wanted the floor? Mr. Bynum: Every budget happens in the context of this FY and this one more than ever because we have eliminated the cap, we have so many moving parts, and we have no revenue proposals from the Administration for this entire economic downturn. The kind of cuts we are talking about now, I think, if we are going to entertain them at all the Chair is moving in the right direction what is discretionary and what is a small percentage of that where you can move around but we have been through this. This Council with the Administration for the last four (4) to five (5) budgets has looked at the overtime at length. We had lengthy discussions with the Fire and Police Chief about overtime and their efforts. We are in this structure we are in now...we always make a DELIBERATION & PRELIMINARY DECISION-MAKING 64 MAY 12, 2014 commitment to public safety, number 1, five hundred and seventy thousand dollars ($570,000) cut in overtime proposed to public safety. If that is not a (inaudible) on the commitment to public safety, I do not know what is. I am a former civil servant, and I worked as a mid-level County Manager for many years. We have been through this process. There is not twenty percent (20%) of overall in there. I am not going to support_ anything that is this kind of thing that does not honor all of the work that this body has done and the Administration has done. It does not make sense. Mr. Rapozo said make a thoughtful consideration, well you need data and information to do that. I am making a very thoughtful consideration in the context of my role on this Council that we have scrubbed these budgets of these things. There is not big twenty percent (20%) moves in these budgets that makes sense for the County and efficient running of the government and honoring the work of all of our wonderful civil servants. We are doing a better job than ever since I have been on the Council. I am not going to support it. Now, if we get down to where we actually know the discretionary spending and it is going to be a small percentage like the Chair is suggesting, I might be open to that but even that it is not going to be significant enough savings for us to do this. That is the last time that I am going to say this and I am just going to vote from now on. Chair Furfaro: Well first of all I appreciate the public safety people coming over as well as we are looking for the number from Public Works. Again, I want to say that this is my constant theme here, if we had proposals on reducing operation costs which I think we have complete jurisdiction over to look at these things, my comments have always been to make sure that the proposed cuts are realistic and obtainable and we are still digging to find the kind of information we need to come to those right conclusions. On that note, I am actually going to take a ten (10) minute break because we are required to have a tape change and we might as well take our first break of this afternoon right now. We are on a ten (10) minute recess. There being no objections, the Committee recessed at 2:24 p.m. The Committee reconvened at 2:38 p.m., and proceeded as follows: Chair Furfaro: The Decision-Making is called back to order. I wanted to get some clarification on the earlier business today. I do plan to leave at 4:30 p.m. today because I have my beautiful bride at home of forty-one (41) years and today is our anniversary. Thank you very much. We do want to close, but to do that, I want to get some clarification on the straw poll one more time as it relates to the hotel resort tax that is proposed. Ms. Fountain-Tanigawa: Chair, you are going to retake the vote on the Real Property Tax... Chair Furfaro: The straw poll, yes. Ms. Fountain-Tanigawa: This would be to approve the two dollars ($2) as proposed by the Administration on the Hotel and Resort class... Chair Furfaro: As submitted in their Budget. Ms. Yukimura: Mr. Chair? Chair Furfaro: Yes? DELIBERATION & PRELIMINARY DECISION-MAKING 65 MAY 12, 2014 Ms. Yukimura: I am thinking that it is not a vote on that if you are voting on all of the resolution. People may be voting against it not because they are against the hotel room tax, but because they want to amend other pieces of it. Chair Furfaro: That is where the confusion is. You will get five (5) minutes tomorrow if you want to get room tax proposals, but to start our sheet, we need to have an indication of who will support... you may want to introduce something for more, but who is going to support what they originally submitted without it... right now, we are standing at four million nine hundred and something thousand dollars short and I will not be able to go home and open some sparkling wine and things of that nature with my wife this evening. Ms. Yukimura: Chair, it is really great that your anniversary comes at the time of Budget. Chair Furfaro: I will not be able to use that as an excuse of why I did not get home. Ms. Yukimura: I think what you want is a vote on the hotel rate increase. Chair Furfaro: That is what she is going to do, as it stands right now. Ms. Yukimura: Okay. Chair Furfaro: That will substantially change where we are at. If you want to introduce something that adds the next time around, we are open to that. I will you the time or another five (5) minutes tomorrow to talk about tax rates and so forth. Right now, before the day ends, I want to make sure we understand where we are at. Mr. Hooser. Mr. Hooser: Earlier, I voted no because I want to look at the whole property tax offering. What do we have... like half a dozen or whatever categories— the rate... if we are talking about the rate, it depends on what the other rates are. Chair Furfaro: I understand that. Mr. Hooser: I understand for the record that in order to close the gap at the end of the day, property taxes will need to be increased and I understand that the hotel sector will be carrying a significant portion of that in my opinion. Chair Furfaro: As proposed by the Mayor, yes. Mr. Hooser: Right. I have a difficult time saying "yes" or "no" and that is why I said "no" before because I am not happy with that package, so I do not want to support that package. I anticipate... I can say "no" again, but just for the record so you know, that is where I am coming from. Chair Furfaro: I have gone through a day here that talks about people being responsible and so forth. I am very responsible— I want you to know that. I just want to make sure we all clearly understand what it takes because there seems to be some confusion on this. Your vote is your vote; my vote is my vote. I want to make sure we DELIBERATION & PRELIMINARY DECISION-MAKING 66 MAY 12, 2014 understand that what deficit is as it stands right now. That is what I want to get clarified. JoAnn. Ms. Yukimura: I actually feel the same way Councilmember Hooser does and I would like to say that I am going to vote for this for the hotel room tax at this time as an indication that I am committed to providing that amount of money that it will provide the exact allocation amongst the tax rates may change a bit, but I would not vote to reduce the proposed increase unless I had something else to make up those moneys. Chair Furfaro: Okay. Wear your deep pockets when you come in because we may be reaching, but I understand what you are saying. Mr. Hooser. Mr. Hooser: Just a brief follow-up. I do not want to over speak my time, but there are other factors also that there is the OPEB discussion that we kind of talked about. I think five (5) minutes may not be enough, quite frankly, in terms of a proper proposal on property taxes. It might take a little bit more. I will just ask for your discretion with that. Chair Furfaro: What would you think is fair and reasonable? I want to handle it with equity for everybody. Mr. Hooser: Right. Chair Furfaro: How much time for each Councilmember? Mr. Hooser: I do have a property tax proposal, but I imagine that others who have spoken are going to have more, so maybe ten (10) minutes might be sufficient. I do not imagine that all of us are going to want ten (10) minutes to do it, but I would think that perhaps ten (10) minutes might be sufficient. Chair Furfaro: Okay. Mr. Hooser: Thank you. Chair Furfaro: JoAnn, I am going to go to Mr. Bynum first because he had his hand up. Mr. Bynum. Mr. Bynum: Just for the record, this is the second time we took this vote today. This is a straw poll. I voted "no." I feel the same way as Councilmember Hooser. I know the resort sector is going to have to contribute, but I do not believe that hitting just one... just think hotels and not vacation rentals for instance... they are both from the resort sector is a balanced approach. I am voting "no." I will definitely have proposals that give sufficient revenue to fund our government. Thank you. Chair Furfaro: I will not even bother to revisit the straw poll based on what the three (3) of you said. We are four million nine hundred thousand dollars ($4,900,000) short, right? Is that it in round numbers? I cannot see the screen. Mr. Kagawa. Mr. Kagawa: I think what I would like to see is a vote on not who we are taxing, but I think Councilmembers may have other proposals to raise the money. I would like to see a vote on raising real property taxes in general to get to the four point three million dollars ($4,300,000). I think that is a worthwhile vote. I think we are in DELIBERATION & PRELIMINARY DECISION-MAKING 67 MAY 12, 2014 disagreement as how to get there. I am the most reluctant to vote on that. As I said earlier, the worst thing is to bite the hand that is feeding you and this is what this proposal does. It is taxing our main thrust of our economy, the hotel industry, but I am going along with the Administration on this. I do not want to tax our residents anymore because we are already taxing them in other ways. I would like to see a vote to see if we can close that four point three million dollars ($4,300,000) because like I said, if you do not vote for the revenue proposal, then where is your cuts? So far, our proposed cuts and looks like my cuts are going down... well, one of my cuts is going down. Thank you. Chair Furfaro: Mr. Rapozo. Mr. Rapozo: I would just say, Mr. Chair, that we can continue with the proposed cuts. Hopefully we can finish everyone's proposed cuts today, and then we have a better understanding of where we need to be. I think we are putting the cart before the horse, talking tax revenue when we still have a bunch of cuts that we have not even talked about yet. Chair Furfaro: Okay. I want to make sure it is not the cart before the horse. We voted on the May submittal from the Mayor. In the May submittal from the Mayor is the property tax from the hotels. When we went around and voted on that in particular, it is just an item that is showing us four point nine million dollars ($4,900,000). If you kind of want to know where everybody thinks they are at right now, I will tell you where I think I am at. I have no problem with the two dollars ($2) on the resorts. In fact, to build a reserve, I have no problem on ten cents ($0.10) for everybody else because they will benefit from having the Open Space thing completely funded. That is ten cents ($0.10). That also gives us credibility in the bond market, but I am not going to have anymore dialogue about that. We are going to end the day and it is going to be negative. That is all I wanted to find out if we all understood. We are going to leave the day. I am going to run and get some (inaudible) and it is going to be negative, whatever that number is at that point. End of story. You can propose your taxes across the board or reductions, but the goal is for a balanced budget. I do not think the two dollars ($2) as proposed from the Mayor is something that the resorts cannot live with. Anyway, let us go back to where we were. We will leave it at what clarity there is here if there is any clarity. It is like a pasta dish where the noodles are all over the place, but everybody knows how serious that category is. Jade, where are we at now when we took the break? Ms. Fountain-Tanigawa: So we are not going to redo the tax vote? Chair Furfaro: No. We did it. We will stay with that straw poll only showing the four point plus negative. Ms. Fountain-Tanigawa: Okay. We are still on the twenty percent (20%) overtime issue as proposed by Councilmember Kagawa. Chair Furfaro: Okay. Has the different departments submitted a number over here? Not yet? Okay. I am going to defer Mr. Kagawa's motion for now. We will move onto a next cut. Does anybody else have a next cut? Mr. Rapozo: I have another one if you do not mind. Chair Furfaro: Go ahead. DELIBERATION & PRELIMINARY DECISION-MAKING 68 MAY 12, 2014 Mr. Rapozo moved to reduce the Tourism Kaua`i Visitor's Bureau - Consumer Promotion for the Kaua`i Marathon by fifty thousand dollars ($50,000), seconded by Mr. Kagawa. Chair Furfaro: Thank you. Mr. Rapozo: That is self-explanatory, Mr. Chair. I think we have beaten this horse several times over the years. We had commitments from the Kauai Marathon. I believe we fulfilled them. In fact, we went one (1) year beyond the commitment. I think at some point, what I talked about earlier, what is essential and non- essential... this definitely falls into the category of"non-essential." Thank you. Chair Furfaro: Okay. Let me just get a minute. I am going to pull mine out. I have the same proposal. JoAnn. Ms. Yukimura: I have that cut as well, but it is proposed as a way to fund what I feel is a very important initiative. I just want to make that known now if now is the time to speak about that initiative, I would like to do that. Chair Furfaro: You can do that as well because I had hoped that half of that money would go to support something for culture and the arts. Ms. Yukimura: Great minds think alike. Mr. Rapozo: Mr. Chair, if I may. Chair Furfaro: We are not on the additions right now. Mr. Rapozo: Thank you. Ms. Yukimura: Okay. I will reserve it, but I just want you to know that in voting to cut it, I have a proposal. Mr. Rapozo: I want you to know that I am voting to cut it to save the increase in taxes from the public. That is why I am cutting. I do not have any adds. Chair Furfaro: The item on the agenda right now is the cuts. You can speak for me later on the additions. Ms. Yukimura: I wanted to explain my vote on the cut just so it would be fully... Chair Furfaro: I will give you a moment, but we are not going to go into dialogue about adding right now. Ms. Yukimura: Thank you. Mr. Rapozo called for the question, seconded by Mr. Kagawa. Chair Furfaro: Okay. The question is to reduce the Kauai Marathon in its fifth year and removing that money towards a savings. DELIBERATION & PRELIMINARY DECISION-MAKING 69 MAY 12, 2014 Ms. Yukimura: May I say one thing before we vote? Chair Furfaro: Go ahead. Ms. Yukimura: I am a strong supporter of the Kauai Marathon. I think it is a wonderful event. I have supported it in the past, but I believe that the Council had an agreement that we would fund it for three (3) years. In fact, I believe the commitment from the promoters from it, as well as Economic Development, was that it would then develop its own sustainable sources of funding. I believe that we need to use our Economic Development budget, especially in these tight times, to seed, not to subsidize. We want to get programs on their feet or to get something very good completed. We cannot, as much as possible, continue to support something ongoing when there are so many other needs and sectors of our economy that we have to promote and encourage. I feel like we have fulfilled our commitment to the Kauai Marathon and we did not only three (3) years, but we did a fourth year beyond our original commitment. That is why I am voting to remove it from the budget. Chair Furfaro: Okay. Any further dialogue? I want to make a comment as well. When we do a promotion like that, and this is for Economic Development— we need to have a point in time where these things are sustainable in themselves to continue to use tax money to subsidize them over a period of time is not what the plan should be. The original plan was for three (3) years. We have gone four (4), as both JoAnn and Mel have pointed out, and I will be supporting this as well. Any further dialogue? If not, I am going to just call for a voice vote. The motion to reduce the Tourism Kaua`i Visitor's Bureau - Consumer Promotion for the Kauai Marathon by fifty thousand dollars ($50,000) was then put, and unanimously carried. Chair Furfaro: Okay, that is done. 7:0. Any additional cuts? We can continue with you, Councilmember Rapozo. Mr. Rapozo: I proposed this last year as well. It did not pass. I do not expect it to pass again, but again, it goes back to the theory of what is essential and what is not. The airport greetings, fifty thousand dollars ($50,000)— that is another fifty thousand dollars ($50,000). Many say that is vital and that is important and if we do not have that, then people will not come; people will not get an experience. Although I agree to some extent, I think at some point, the County has to start pulling back the non-essential spending and get the industry themselves... as I spoke about the other day with the tech center, at some point, the people that are using the resources to generate revenue— the State and the hotels that benefit from this, they need to come in and start contributing as well. Mr. Rapozo moved to remove the fifty thousand dollars ($50,000) from the airport greetings tourism budget, seconded by Mr. Kagawa. Chair Furfaro: JoAnn, you have the floor, followed by Mr. Bynum. Ms. Yukimura: I wonder if the Council would be willing to consider an amendment. I understand Councilmember Rapozo's point. During our budget hearings, I suggested that we propose to the Airports Division of the State that we do a one- to-one match, so we keep twenty-five thousand dollars ($25,000) in, but on the condition DELIBERATION & PRELIMINARY DECISION-MAKING 70 MAY 12, 2014 that the Airport come forward to do their part to support what is essentially an airport function because I think it is wonderful to have music there and to feature our musicians. I have been in several other international airports where this happens in a very beautiful way. It has the effect of promoting our musicians, promoting Hawaiian music, and creating a very pleasant environment in the airport. I really think that the Airport needs to rise to the occasion. I was going to approach the Manager about this, but have not had the time. We can still structure it in our budget just as a match, so the twenty-five thousand dollars ($25,000) does not get expended unless the Airport steps forward. I would like to throw that out as an idea. Chair Furfaro: Mr. Bynum. Mr. Bynum: Last year's proposal was to cut the fifty thousand dollars ($50,000). I do not remember how it happened, but it was twenty-five thousand dollars ($25,000). It is back in there at fifty thousand dollars ($50,000). Of all the cuts we have made in ten (10) years, this one bugs me the most. It really does. I feel pretty emotional about it. This is a long tradition on Kauai. Our musicians are the most giving group of people. They do millions of things in our community almost always pro bono. I wanted to have a list of the musicians, just their first names, that are doing the airport greetings over the year. Is this essential County service? No. But in a one hundred forty million dollar ($140,000,000)— to take out fifty thousand dollars ($50,000) for this long, Hawai`i tradition that supports these musicians, they are so giving in our community and makes Kaua`i special. I would like to increase this to one hundred thousand dollars ($100,000), but fifty thousand dollars ($50,000) is what we have had. It works. I cannot support cutting this. Mr. Hooser: I would like to propose a blend of the ideas that have been discussed. I have a proposal also for a cut around twenty-four thousand dollars ($24,000) from the Consumer Promotions Grant from KEDB. I was hoping to shift that money to Agriculture. That cut combined with a twenty-five thousand dollar ($25,000) cut to the airport greeting program, the net amount would be around fifty thousand dollars ($50,000). I think that would be a suggestion I would like to make, to make this cut twenty- five thousand dollars ($25,000) and then I would propose an additional cut to just around twenty-four thousand dollars ($24,000) so the net would be real similar. Thank you. Chair Furfaro: I am not going to hold anybody back from initiating their proposed cuts, but right now, Mr. Rapozo's item is on the floor with a second. Mr. Chock. Mr. Chock: I just have a point of clarification. Mr. Hooser, where is that twenty-four thousand dollars ($24,000) that you were suggesting? Mr. Hooser: It says twenty-three thousand nine hundred twenty-five dollars ($23,925), just under twenty-four thousand dollars ($24,000), and it is out of the Tourism / Kaua`i Visitor's Bureau Consumer Promotion Grant. They get existing at two hundred seventy-five thousand dollars ($275,000) is in the budget, so this takes out twenty-three thousand nine hundred twenty-five dollars ($23,925) out of that. As a footnote, the entire Visitor Industry in the Economic Development budget gets six hundred ninety thousand dollars ($690,000), so they get a pretty healthy chunk of money, six hundred ninety thousand dollars ($690,000) that we are discussing here. Again, it is not about adds, but Agriculture for example gets three hundred twenty-three thousand dollars ($323,000) versus almost seven hundred thousand dollars ($700,000) for tourism. DELIBERATION & PRELIMINARY DECISION-MAKING 71 MAY 12, 2014 Mr. Chock: I am open to the amendment that Councilmember Yukimura has on the table. Chair Furfaro: Okay. Mr. Kagawa. Mr. Kagawa: Thank you, Chair. This is one of the items when I look at the State, last year, they had a surplus of eight hundred million dollars ($800,000,000) or something and six hundred million dollars ($600,000,000) went to the Hawaii Tourism Authority (HTA). Much of the six hundred million dollars ($6,000,000) was spent on developing new markets in the orient like China and Korea to develop new markets. If this is such an important item, maybe new Senate Vice President Kouchi can fill that gap of fifty thousand dollars ($50,000). I realize that the budget process... there is no reward for being on the short end of the vote. I can count. I would be willing to support Councilmember Hooser's amendment. We will get the same net result. I will make a motion to amend if... Chair Furfaro: Let me recognize the introducer of the amendment. Mr. Rapozo. Mr. Rapozo: Mr. Chair, I would just ask that we vote as is and when it fails... I think it is just cleaner that way. I just want to say that this Council, this County, funds the Economic Development Office under tourism also one hundred thousand dollars ($100,000) for special programs and special projects. If the State wants this, have them apply for a grant. I guess I am just getting frustrating sitting here about how broke we are, yet we even entertain something like this. When we start looking at "what do we really need to do this year..." We know we are going to raise taxes. I would not want my taxes to go up because we are funding something that we keep saying is the State's responsibility. Let us stop funding and let the State pick up the ball. It just makes sense. That is responsible. I like it to. I can tell you. When I go to Los Angeles International Airport (LAX), I get greeted with people begging me for money. Does that stop me from going to LAX? No. I have to go to LAX. I have been to Korea and Japan, but I was never entertained by any Korean and Japanese entertainers in those terminals. I do not know where you went, JoAnn, but I am sure it exists. I have been through airports throughout this Country and I have not been serenaded by the culture. I have not. I still go back. This is not ordinary times, I guess is my point. These are times where we are telling the people, "We are going to raise your taxes. We are going to raise your fees." At the same time, we think this is so important that we are going to keep it in. I would ask that we take the vote on this, Mr. Chair, and if anyone else has proposals, that is fine. Chair Furfaro: Okay. I will be intending to follow through on voting on Mr. Rapozo's proposal, and then you can introduce options later. Mr. Bynum, you have the floor. Mr. Bynum: The County of Kaua`i decided to do this. We said we want to do this because we are Kauai. We are special. We want to treat visitors differently. It just happens to happen in a State airport. It is a tradition in this County that we have had for many years. It supports the musicians who support our community and are nonprofits in so many ways. The KEDB funds— I do not support cutting either. They have demonstrated repeatedly that they give us value for every dollar we spend and promote Kaua`i as a visitor destination. The hotels can handle a little bit more. It is not going to impact their employment. It is a small part of their overall budget. KEDB— we give them twenty-five thousand dollars ($25,000) and they turn it into more visitors every time. I do not support these cuts to KEDB or especially the airport greeters. DELIBERATION & PRELIMINARY DECISION-MAKING 72 MAY 12, 2014 Chair Furfaro: Is there any further dialogue? JoAnn. Ms. Yukimura: I do not see the airport greeting as the means for having a visitor whether to come or not; I see it as creating the ambiance for this island of welcoming them and exposing our musicians, giving our musicians some exposure and getting money into the economy directly to our people. Chair Furfaro: Okay. On that note, I am going to call for the vote. Let us do a roll call vote, please. Ms. Fountain-Tanigawa: This is a roll call vote to reduce fifty thousand dollars ($50,000) for airport greetings. The motion to reduce fifty thousand dollars ($50,000) from the airport greetings tourism budget was then put, and failed by the following vote: FOR REDUCTION: Kagawa, Rapozo TOTAL— 2, AGAINST REDUCTION: Bynum, Chock, Hooser, Yukimura, Furfaro TOTAL— 5, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—0. Chair Furfaro: Mr. Hooser, I will give you the floor. Mr. Hooser: I would like to introduce a cut. Staff can pass out the cuts. I spoke about it earlier. We will talk about the adds when the adds come, but the intent is to support Agriculture with this amount. Twenty-three thousand nine hundred twenty-five dollars ($23,925) from the Tourism / KEDB Consumer Promotion Grant. This is a relatively modest cut, I believe that the emphasis given on the budget on tourism is significant and deserved to large extent, but we need to support Agriculture to a greater extent and I will be talking about that during the adds. I will make a motion to do that. Mr. Hooser moved to reduce twenty-three thousand nine hundred twenty-five dollars ($23,925) from the Tourism / KEDB Consumer Promotion Grant, seconded by Ms. Yukimura. Chair Furfaro: Discussion on the floor, please. JoAnn, do you want the floor? Ms. Yukimura: Yes. Is this what is called an MCI program? Mr. Hooser: No, it is not. Ms. Yukimura: Okay. I do not want to cut that, but a generalized cut... I guess I need to look at the itemization. Chair Furfaro: Okay. Mr. Bynum. Mr. Bynum: I just want to clarify one thing. This is from the same line item that we just cut the marathon from, right? This is an additional cut for the same line item? DELIBERATION & PRELIMINARY DECISION-MAKING 73 MAY 12, 2014 Ms. Yukimura: Yes. Mr. Bynum: I already said that I am not going to support those cuts because I have lobbied for years with the Mayor to give KEDB a sustainable budget for Kaua`i based promotions like Maui has two million dollars ($2,000,000) to three million dollars ($3,000,000). This year, I thought his budget proposal was modest for them and I want to support it. Thank you. Chair Furfaro: Further discussion? I will do a roll call vote on this one, please. The motion to reduce twenty-three thousand nine hundred twenty-five dollars ($23,925) from the Tourism / KEDB Consumer Promotion Grant was then put, and carried by the following vote: FOR REDUCTION: Chock, Hooser, Kagawa TOTAL— 3, AGAINST REDUCTION: Bynum, Rapozo, Yukimura, Furfaro TOTAL—4, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL— 0. Chair Furfaro: The motion fails. Let us go to additional cuts still. Mr. Kagawa, you have an item. Mr. Kagawa: Yes. I have a cut from all of the Miscellaneous Funds Account regarding travel. The total cut, if Staff could pass around, would be three hundred forty-four thousand nine hundred fifty-nine dollars ($344,959) and it will reduce our travel to the 2013 actual cost levels. I believe we are in tough times. I believe that I have seen the travel budgets grow more and more. I believe that if the travel is really important, it could be used from other funds within their account. This is just another means of tightening our belts and trying to deal with decreasing expenditures to meet our goal of having sustainable budgets. Mr. Kagawa moved to reduce the miscellaneous travel budget accounts in various funds budget by three hundred forty-four thousand nine hundred fifty-nine dollars ($344,959), seconded by Mr. Hooser. Chair Furfaro: Mr. Kagawa, may I ask what this percentage of the reduction is? Mr. Kagawa: I believe we are going from our... we are reducing it to our 2013 actual amounts. Chair Furfaro: Considering all things equal, we do not have a number in here for the County Council. I think if we are going to reduce the Administration, we should reduce the County Council. Mr. Kagawa: We are. • Chair Furfaro: Where is it? Mr. Kagawa: We are reducing it all. Every General Fund Account for Travel would be reduced. DELIBERATION & PRELIMINARY DECISION-MAKING 74 MAY 12, 2014 Chair Furfaro: Is it in there? Mr. Kagawa: Yes, Sir. Chair Furfaro: Does everybody have a backside like I do? Thank you, Scott, for pointing it out for me. Everything is fair and equal there. Mr. Kagawa: Yes. Chair Furfaro: Do I have a second? Ms. Yukimura: Yes. Chair Furfaro: Okay. Go ahead, JoAnn. Ms. Yukimura: I am looking at the small departments again. Are you interpreting in terms of Housing? The proposed cut is what? Mr. Kagawa: If I can answer, Mr. Chair. The Housing will go from five thousand nine hundred ninety dollars ($5,990) to three thousand nine hundred thirty-eight dollars ($3,938). Like I said, if they need to spend five thousand nine hundred ninety dollars ($5,990), they can look for two thousand dollars ($2,000) within their budget that they can foresee that maybe actually I guess over-budgeted. Ms. Yukimura: Can I get some Staff help here? What is the one we are cutting? In Transportation, what is the cut? Mr. Kagawa: Transportation does not really have travel budgets in their General Fund Account. They have only eight hundred fifty-six dollars ($856) and they will go down to three hundred thirteen dollars ($313), so maybe one (1) person can fly to Oahu. Mr. Rapozo: One-way. Chair Furfaro: I have paddles in my office. Ms. Yukimura: I just want to say that during this past Legislative Session, Housing and the Administration, and myself as Housing Committee Chair, had to lobby strenuously against the effort of Department of Hawaiian Homelands (DHHL) to take Housing Credits and we got in at the last minute, but what they chided us for was to not come. Even though we had submitted testimony at every Committee Meeting, they said, "Why were you not there?" This is a critical thing that would have affected their budget tremendously. I am sorry. I cannot vote to cut any more from a department that is already bleeding. Mr. Kagawa: Can I ask you a question? Ms. Yukimura: Yes. Mr. Kagawa: In 2013, were we not lobbying the Legislature? DELIBERATION & PRELIMINARY DECISION-MAKING 75 MAY 12, 2014 Ms. Yukimura: Yes. But the three hundred dollars ($300) to five hundred dollars ($500)... one or two trips really make a difference. Mr. Kagawa: Like I said, that five hundred dollars ($500)— they can look for it within their budget and as I told you last time, Transportation lapsed ninety-one thousand dollars ($91,000) in the last budget and perhaps five hundred dollars ($500) can be taken out of their future lapse amount. Ms. Yukimura: That is not true. I was talking about Housing. Even in Transportation, I guess we would have to analyze what caused that balance, but ninety-one thousand dollars ($91,000) out of five million dollar ($5,000,000) or six million dollar ($6,000,000) budget was not much and it could have been positions that were vacant because of transitions and so forth. They are still on a very tight budget. I am sorry. Mr. Kagawa: If I can respond. I am trying to find a fair way to let every department feel the pain of this budget. The taxpayers out there are feeling the biggest pain and they are asking us to try and tighten up. To take out a single department and say that you are not going to be hit by my cut is really being prejudiced, so let us vote it up or down. Ms. Yukimura: Right. I agree with you. I think you are making valiant attempts. I am not trying to denigrate that. I do want to say that not every department feels the same kind of pain. Some are so tightly budgeted that every bit affects them. That is one of the disadvantages of across the board cuts. Chair Furfaro: Mr. Bynum. Mr. Bynum: I just have a question. Ross, is the proposal to go department by department back to their 2013 allocations? Mr. Kagawa: Yes. Mr. Bynum: Okay. I have been clear on not being really supportive of these kinds of cuts, but this in particular because there has been so many changes since 2013. Those departments have different personnel and personnel have moved around. They have different needs. The Administration has given us an overtime budget based on each departments' needs, which may be very different than 2013. Thank you. Chair Furfaro: Mr. Kagawa, I have my own amendment that goes forward and across the board, just reduces travel by ten percent (10%), which is an amount of about seventy-nine thousand dollars ($79,000) altogether. That includes the Council and so forth. I will not be supporting yours, although I appreciate it. I think one of the things you realize too is that our travel year is not over here and our travel budget has changed substantially because it is an election year too. We have accounts that include going over Elections and so forth as well. I just want to let you know that I am very appreciative of what you are doing, but I will be proposing the seventy-eight thousand dollar ($78,000) reductions at ten percent (10%) for all the travel departments. Mr. Kagawa: I want to just say that I am really making our Office feel the biggest pain because if this passes, Councilmembers will be hurting themselves the most. DELIBERATION & PRELIMINARY DECISION-MAKING 76 MAY 12, 2014 Chair Furfaro: Yes. Mr. Kagawa: I think that is leading by example and saying that instead of going to everything that we think can help, we will be selective and go to the real high priority events that we think we can help the County. It is just a way of leading by example. Thank you. Chair Furfaro: Again, I appreciate what you are attempting to do. This year, our travel budget is not finished and I think Ricky traveled three times this week alone for Elections with the changes coming up. Mr. Bynum. Mr. Bynum: It is election year and 2013 was not. You are comparing apples and oranges. If we are going to cut at this, I suggest that we do it as a percentage from the Mayor's Budget because they made that thoughtful analysis from each department. Chair Furfaro: Okay, there is not more discussion. Again, I want to say that I plan to vote in reduction in travel, but I have my own amendment to introduce which is a percentage and will be circulating that soon. I want to call for a roll call vote. Ms. Fountain-Tanigawa: Okay. This is a roll call vote on Councilmember Kagawa's proposal to reduce travel to the 2013 levels. The motion reduce the miscellaneous travel budget accounts in various funds budget by three hundred forty-four thousand nine hundred fifty-nine dollars ($344,959), was then put, and carried by the following vote: FOR REDUCTION: Chock, Hooser, Kagawa, Rapozo, TOTAL— 4, AGAINST REDUCTION: Bynum, Yukimura, Furfaro TOTAL— 3, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. Chair Furfaro: I do not plan to introduce my amendment since it passed. I want to remind all of you that the Council will take a very substantial hit here. Please understand that when I reject your travel for future years, but you will be allocated your appropriate amount. That will be the fact of the matter. Go ahead and put that full amount up on the board right now. Scott, please scratch my amendment. Mr. Rapozo: Mr. Chair? Chair Furfaro: Go ahead. Mr. Rapozo: I know this probably is going to cause a lot of dialogue, but I think we can save the philosophical disagreements because I think this could in fact take a lot of time, which is not the intent. This is regarding the funding for the Enforcement Specialist for Ordinance No. 960 for salary, fringe, and all related office costs. This is one hundred twelve thousand six hundred fifteen dollars ($112,615). This is supposedly for the Enforcement Office to enact or enforce Ordinance No. 960. As I stated, this law is in limbo in court. This law is one that the County has disagreed with. Some of us were saying that it was going to cost money to have this bill but, I think for what is required of this Ordinance, as I read the Ordinance... DELIBERATION & PRELIMINARY DECISION-MAKING 77 MAY 12, 2014 Chair Furfaro: You will get a briefing this Wednesday from our attorneys as to those particulars. I also believe that there is an attempt by the Administration to demonstrate to you what that particular scope and job description would be for this individual on the enforcement portion. If they have not caught up to you yet... Mr. Rapozo: In fact, I have spoken with Nadine, the Managing Director. Chair Furfaro: Okay. Those were the answers to the questions. Mr. Rapozo: Again, I understand, agree, and believe that this County is mandated and obligated to enforce the Ordinance as it was passed. I do not have a problem with that because that is the law. My problem is that based on what the law requires this County to do, I believe we can do it with the existing resources. I believe we can do it with existing Inspectors that we already have on Staff. To go out and retain or hire a brand new person— I think it is not necessary at this time. I understand that there is a temporary... an eighty-nine (89) day contact position that was already hired for this to put the structure together, but this is not a very difficult Ordinance to enforce based on how it is written today... as Ordinance No. 960 is written. I do not believe that we need to go out and hire a brand new person to do what is required. I would ask and highly recommend that the Administration look within... whether it is the Planning Department or Economic Development utilizing the existing Agricultural Specialist that is in there. I believe we have the resources in-house right now to accomplish the enforcement of that Ordinance. Mr. Rapozo moved to remove the funding for the Enforcement Specialist for Ordinance No. 960 for salary, fringe, and all related office costs with a total of one hundred twelve thousand six hundred fifteen dollars ($112,615), seconded by Mr. Kagawa. Chair Furfaro: I just want to remind all of you, as I did at the very beginning, I put in a request for the State to reinstate the positions that they cut back during the Lingle Administration. We had narrative from the State and from the Governor's Office that they were going to do just that during budget time and they did nothing. We got no new Inspectors. Mr. Hooser, you have the floor, followed by Mr. Bynum. Mr. Hooser: I appreciate the discussion actually. I had similar thoughts, however did not want to take away the resources of the Administration. I do not want to give any excuses or reasons why it is not being enforced, if that in fact happens in the future. So I hesitated to offer budget reductions. I believe it does take some resources to enforce it. When I first heard there was a full-time position, I thought that was overkill myself and thought that there were different ways to do it for a significant amount of less money or if we were going to fund a full-time position like this, have the person do half of his or her responsibilities of the enforcement and the other half be some agricultural related support position. I want to make it clear that as a result of the actions of implementing or passing Bill No. 2491, there is an additional fifty-five thousand dollars ($55,000) per year coming in from tax revenue from these companies that would not have happened without this. For what it is worth, that helps subsidize this cost. These were property taxes that were not being paid. As we dug into it, they are now paying these taxes and I want to say that it is fifty-seven thousand dollars ($57,000) a year or slightly less than that. Perhaps, almost half of this amount is being funded from those property taxes that were not being paid. Honestly, I hesitate or cannot support cutting the full amount. I want to be able to give the Administration the tools they need to do proper enforcement. I DELIBERATION & PRELIMINARY DECISION-MAKING 78 MAY 12, 2014 do not believe that it deserves this much money a year for a full-time position, so perhaps half of it... I might find acceptable, but not to remove the full amount. I want to make sure the Administration has the resources and I do not want it to be used where we cut the budget, so therefore it is not being enforced and that kind of thing. I want to give them the tools they need. Thank you. Chair Furfaro: Mr. Bynum. Mr. Bynum: I just want to say that during the discussion for this Ordinance... and I believe the way it is in its current form, that the enforcement issues are not going to be monumental. However, since we settled on the Ordinance, the Administration has been very diligent in responding to their responsibilities to enforce it. We have had meetings. It will be emergent, I am sure, but it is much better to be cautious and have enough staffing. The Ordinance put it in the Office of Economic Development (OED). There are some advantages for it being there and OED has other enforcement issues. I hope that this position is generic and if you find that the needs are not that great, they can be used in other enforcement areas in OED like the farmers market and other things. That would be my only input. I think the Administration has not given us... they have not said, "Oh my goodness, this is so awful that it is going to cost us millions." Their response has been prudent and appropriate and part of it is this position and I am going to support it. Chair Furfaro: Okay. Anybody else wants to speak before I recognize Mr. Hooser again? Mr. Rapozo. Mr. Rapozo: Thank you, Mr. Chair. Again, in this budget includes twenty-five thousand dollars ($25,000) for a Consultant. I have trouble with that. I think Mr. Hooser made a good point. Is this a full-time position? The difference between a full-time position including OPEB and the Consultant and all of that is one hundred twelve thousand dollars ($112,000) versus a part-time employee. I cannot imagine that it would take forty (40) hours a week to enforce the Ordinance. It just will not. Again, that is the difference because now you add on the additional fringes, which takes it from a fifty thousand dollar ($50,000) position... fifty thousand dollars ($50,000) a year including the consulting expense to one hundred twelve thousand dollars ($112,000). I just cannot support that. Again, I would like to see the vote on this, but Mr. Hooser would introduce an amendment for part-time so we alleviate the benefits. Remember, employees are the gifts that keep on giving. I understand it is a temporary position in the budget, but I cannot imagine it being taken away. It would have to remain. Especially now as this thing goes through court, I do not think it is wise to bring in a full-time employee at this point. I think a part-time employee without the benefits would be sufficient. Thank you. Chair Furfaro: JoAnn, you have the floor. Ms. Yukimura: I feel that the Administration has been very diligent in trying to anticipate what it is going to take to enforce this. Even though the Mayor was not in support of the Bill itself, he and his Administration have taken on the responsibility of trying to responsibly enforce it. I feel like there has been a lot of detail thinking about it. Not all of this is... it is not possible to predict everything to complete accuracy because we are threading new ground, but to want to put in place machinery that will responsibly enforce Ordinance No. 960 is something for us to be grateful for. I believe the Consultant Services are in case there needs to be contested cases. It is not an automatic expenditure. It was something that was put there in anticipation of some possible appeals. I think we need to view that as something that may not be fully DELIBERATION & PRELIMINARY DECISION-MAKING 79 MAY 12, 2014 expended. I think if we want to go part-time, we need to discuss this with the Administration before just cutting it out. I certainly am not in favor of just eliminating the position. I think this discussion is worthwhile in terms of us being real clear what we are trying to do here and what it is going to take. Chair Furfaro: Mr. Bynum. Mr. Bynum: I just want to stick with this idea of enforcement for a minute because I learned so much about enforcement from Councilmember Rapozo from the time I have been on this Council. It has been a frequent topic of his initiatives, many of which I have supported. We need to get it started and do it right. Councilmember Hooser just said that lack of enforcement on tax ordinances... when we looked into it, we got fifty-five thousand dollars ($55,000). I will tell you that lack of enforcement of other tax ordinances is going to show a huge potential increase in revenue coming up shortly. We have (inaudible) ordinances that we do not enforce. If we did, we would save energy and thousands of dollars in Solid Waste. We have a sign ordinance that is enforced only by complaint and it causes all kinds of tension in the business community. When we do not get enforcement right, we pay dire consequences. I agree with the premise that I do not believe this law, as currently written, is going to be that cumbersome. That is why I am talking about more generic enforcement so we can address some of these other issues that we find. Let us not start off from the beginning of not having the proper tools in place. Thank you. Chair Furfaro: Mr. Hooser. Mr. Hooser: I started the conversation following up on Councilmember Rapozo's thought and agreeing basically with him that my first impression was likewise that it is not that complicated and should not take that much work; therefore, we may not need this much money. Because of the sensitive nature of the topic, it is new, and the Administration is stepping up, I will support the full amount, but I would hope that the Administration will report to us promptly as how these funds are being spent and would consider shifting or adding on to the responsibilities of this, whoever the person is, to provide a support role in agriculture. I do think that we need to do a lot more than what we are doing with agriculture and this perhaps can be a person that could evolve into that position where you do enforcement, but you also maybe provide other services. Because of the nature of the Ordinance and the sensitivity and amount of energy that has gone into it, so far, I do not think we should err on the side of shorting it at the Administrative level. I will be supporting the full amount that is in the budget. Thank you. Chair Furfaro: Anymore? Mr. Rapozo: I call for the question. Chair Furfaro: Fine, but may I have the privilege of speaking? I want to tell you folks that from the briefing that I received, I think there is a lot to this position that we need to recognize. We are either going to bake bread with all the ingredients in it or we are not going to bake bread. If you are not going to fund this fully, then your recipe does not work. There is a lot to this piece and we owe it to ourselves to deliver a fully baked loaf of bread when we address this. May I have roll call vote, please? Ms. Fountain-Tanigawa: This is a roll call to remove the funding for the Enforcement Specialist as proposed by Councilmember Rapozo. DELIBERATION & PRELIMINARY DECISION-MAKING 80 MAY 12, 2014 The motion to remove the funding for the Enforcement Specialist for Ordinance No. 960 for salary, fringe, and all related office costs with a total of one hundred twelve thousand six hundred fifteen dollars ($112,615) was then put, and failed by the following vote: FOR REDUCTION: Kagawa, Rapozo TOTAL—2, AGAINST REDUCTION: Bynum, Chock, Hooser, Yukimura, Furfaro TOTAL— 5, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. Chair Furfaro: We are still on the area for items that are going to be reduced. Do you have one? Mr. Bynum has one. You have the floor. Mr. Bynum: I think I maybe only have one. I lost the paper already but it is in the Mayor's Office, Facilitator for Host Community Benefits (HCB). Let me say why. Like I said, public record has a history of everybody's position on Host Community Benefits. The record will support that I supported establishing Host Community Benefits. I supported expanding it. I supported putting in the funds and tying them to the tipping fees, so there was a formula. I supported making sure they got interest on the funds that were put because that was request from the community. I did not support this Facilitator position because our contribution to Host Community Benefits this year is one million two hundred thousand dollars ($1,200,000). We have sacred cows, and this is one of them. Politically, it is a sacred cow, as is the Open Space Fund, but we can consider asking for one million ($1,000,000) contribution. We did not ask Host Community Benefits for any contribution in this one million two hundred thousand dollars ($1,200,000) that we send them roughly this year. They wanted to not even pay any administrative costs, not even one (1) penny, so we put an additional body in to facilitate their meetings. I think that those administrative costs for any funds that ever went are reasonable to come out of that fund. I think it is sixty thousand dollars ($60,000) plus benefits. I do not know what the total amount is. It is a contract, right? I fully expect that contract will continue. They have access to one million five hundred thousand dollars ($1,500,000). I do not know what their current balance is. We have one million nine hundred thousand dollars ($1,900,000). I think they can take the Facilitator out of that. Mr. Bynum moved to remove funding for the Host Community Benefits (HCB) facilitator from the Office of the Mayor in the amount of $60,000, seconded by Ms. Yukimura. Chair Furfaro: Mr. Rapozo, you have the floor. Mr. Rapozo: Thank you, Mr. Chair. I have been following this for several years and as far as I understand it, those funds cannot be used for the Consultant. That is just the way that is drafted and it is crafted, so the only way for the funding is through the General Fund. I will tell you... I think many of us who have participated in the Host Community Benefit meetings over the years will tell you that I think a lot of progress was made with this Facilitator. I have seen it develop with my own eyes. I have seen the whole tone of that body change with this Facilitator. I was there from when we had the mainland Facilitator. I do not know where he came from. He had no local knowledge or no cultural knowledge and that was a mess. Then we had another Facilitator and that did not work too well. This one here... I believe it was a competitive bid, if I am not mistaken. It went out for everyone to apply. This person won it. Number one, I believe we need the Facilitator; no doubt about it. That group will not function DELIBERATION & PRELIMINARY DECISION-MAKING 81 MAY 12, 2014 without a trained Facilitator. Number two, it cannot be funded by the HCB moneys, so we need to fund it with the County funds. I will not be supporting this. Thank you. Chair Furfaro: Okay. Other dialogue? Mr. Bynum. Mr. Bynum: I am just making it clear that I am not making any judgment about the Facilitator or the need for a Facilitator. I agree with Councilmember Rapozo that that has helped the process. We certainly did not want our Solid Waste and the Mayor's Administrative people facilitating like they did at one time. That was above and beyond. I do not know that that is the case. I have not heard about a restriction about how we can spend those funds. If that is the case, I will modify this to take sixty thousand dollars ($60,000) of the one million nine hundred thousand dollars ($1,900,000) or one million one hundred ninety thousand four hundred seventy-nine dollars ($1,190,479). If there is a restriction from us taking sixty thousand dollars ($60,000) from there, then I would like somebody to tell me where that restriction comes from, then I will modify it. I think it is important to... it probably stupid and it is not going to... if there is no votes for it, then I will just drop it. "Do not touch that sacred cow. Go ahead and hit Open Space." Anyway, can somebody from the Administration answer that question? Chair Furfaro: Is someone coming up? There being no objections, the rules were suspended. Mr. Barreira: Good morning, Chair. We are working to see if there is any restriction. We are not aware offhand that a restriction exists. The current funding is in the General Fund CIP. You are correct, Mr. Rapozo, that this fund is in the General Fund as well. We are researching and hopefully can get an answer to you shortly, Sir. Mr. Bynum: Mr. Chair, I think I have a pretty clear view from when JoAnn says for discussion purposes only. I do not want to belabor this. If there is no support for this, I will just drop it and we can move on. Chair Furfaro: Okay. Mr. Rapozo. Mr. Rapozo: I believe that it was a decision... the action was made by the HCB themselves that they would not utilize the HCB funds, that in fact, aside from the Administrative costs, that all the funds for that will be specifically used for the projects and the grants. BETH TOKIOKA, Director of Communications: Yes. Basically, we do not spend that money unless it is upon recommendation of the Citizens' Advisory Committee (CAC). If this money was eliminated, there would be no guarantee that the CAC would agree to appropriate the money for a Facilitator. I believe there is about a little over three hundred thousand dollars ($300,000) right now that is liquid in that account and the rest is tied up with various grants that were approved. There are in the process of doing another round of grants. They have about three hundred thousand dollars ($300,000) and some change to spend and they have grant proposals that are double the amount. I have every expectation that they will grant out all of those... all the funds that are currently liquid. Chair Furfaro: Thank you. Beth, I want to take a moment to thank you. JoAnn, Mr. Hooser, and I were out on the west side this week and I had an opportunity to talk to some west side people about this project and so forth and they had DELIBERATION & PRELIMINARY DECISION-MAKING 82 MAY 12, 2014 high praise for the progress that is being made and I guess for the lack of a better word, "the waitlist" and that people were going to benefit from that. I was flabbergasted by the number of people who had qualified for their years and ownership of a home out on the west side and I think the Facilitator had a lot to do with the successes they are experiencing right now. That would not have been possible without me also thanking you. I was very pleased with the feedback that I got. Ms. Tokioka: Thank you. Yes. She has done an incredible job of getting that process well-established and the Committee moving together very well. We are in a really, really good place. As it has been stated, I do not think it could move forward as it is without having a Facilitator. The person who is under the contract has done a fantastic job. Chair Furfaro: Thank you, Beth. Mr. Bynum. Mr. Bynum: Thank you, Beth. I think the CAC could fund this Facilitator and they have three hundred thousand dollars ($300,000) of liquid funds. I know how great this is going down there. I am sure that the facilitator has a lot to do with it but it is not about that. It is about the funding and...so they could do that...they could allocate that? Ms. Tokioka: Yes, they could. There is no guarantee that they would actually agree to do that but...and if not then... Mr. Bynum: No, they were clear. They came here and said, "no, we want every single penny to go to our projects, we want you to find the facilitator," and we agreed. I did not personally because I thought that was real stretch and I still do. Like I said if there is no support for it then we will just move on. But I know how important this is that is why I am not proposing taking anything from the principle, sort to speak. Chair Furfaro: Thank you to the Administration. We had a motion and second for discussion but I did hear the introducer indicate that he is prepared to withdraw. Any further discussion before Mr. Bynum withdraws his piece? No? Okay. Mr. Bynum withdrew his motion to remove funding for the Host Community Benefits (HCB) facilitator from the Office of the Mayor in the amount of$60,000, Ms. Yukimura withdrew the second. Mr. Bynum: Thank you for the dialogue. Chair Furfaro: Any additional reductions to be introduced? I have a couple myself but I will let you folks go first. Mr. Rapozo: One last one. Chair Furfaro: I am never going to catch up with you and Councilmember Kagawa. Mr. Rapozo: Well, I mean it is either cuts or increase revenue and I think we are just trying to do our best to try to cut as much as we can. DELIBERATION & PRELIMINARY DECISION-MAKING 83 MAY 12, 2014 Chair Furfaro: Mine was reduced by two (2) because you guys duplicated what I had. Go ahead. Mr. Rapozo: I will just make the motion, this would be to reduce the OPEB by ten percent (10%) to fund OPEB at ninety percent (90%) which would generate a...basically it is a loan. We are borrowing against OPEB for one million four hundred thirty-six thousand and two hundred forty-three dollars ($1,436,243). Mr. Rapozo moved to Reduce OPEB by ten percent (10%) in all Funds except Liquor and Misc. Housing Funds, seconded by Ms. Yukimura. Chair Furfaro: I just feel compelled to share with you what I shared earlier that the GFOA will in future start to earmark in our CAFR the amounts that were short if you so plan to go there. It will actually show that in our financial as being a unfunded liability under the new standard accounting system. So, I said what I needed to say. I will not be supporting this now that we finally got back up to a hundred but for those exact reasons. Mr. Rapozo. Mr. Rapozo: I do want to remind my colleagues that with the recent visit to Honolulu and the actuarial that we found out that we had over paid OPEB by...what was the number? Chair Furfaro: It is one point seven million. Mr. Rapozo: That happens every year. We go to Honolulu and we... so we can very well based on...depends what happens in the next year with retirees but we could very well be over paying OPEB. Although it just maybe an overfund today, it could be like what happened this year— an overfunding. This could do the correction on the amount. Again, it is a temporary thing and I am expecting we will have the same results and we will find out that we were on track with our payments. This does infuse another one point four million back into the budget at what I believe a very low risk or low liability — ten percent (10%). If you just look at all the projects in our budget if we had to find one point four million next year, I think it would not be a problem. I hate doing this because it is like kicking a can down the road but... Chair Furfaro: That is what it is. Mr. Rapozo: It is and that is what we are all doing. We are kicking this can down the road in all areas of this budget unless we stop the bleeding —we cut. I do not think anyone has proposed cutting any warm bodies but until we do that, we are just kicking the can down the road because the cost just continues. This infuses one point four, three, six back into the budget and I would ask for your support. Thank you. Chair Furfaro: JoAnn, you had your hand up first and then Mr. Bynum. Ms. Yukimura: Just a question, Councilmember Rapozo, so I understand this clearly. Cut OPEB by one point four million and put it in the reserve, is that your proposal? Mr. Rapozo: No, it just reduces the deficit. Chair Furfaro: We are looking for a pot of money. • • DELIBERATION & PRELIMINARY DECISION-MAKING 84 MAY 12, 2014 Mr. Rapozo: Right. Chair Furfaro: Where they go will come from the revenue cycle. Mr. Rapozo: I have not decided to allocate...we are only doing cuts. I am not doing adds but since you talked about your add, I am contemplating getting a helicopter for the Council so we can go to Honolulu for a lot less. Chair Furfaro: Great way to carry our travel expenses. Mr. Rapozo: A nice one. Ms. Yukimura: Actually under these circumstances that is not even funny. Mr. Rapozo: This is just a cut. Basically we are chasing money. We are chasing a deficit that we got to bring down. This decreases the deficit by one point four million. Ms. Yukimura: I see. Chair Furfaro: Are you finished, JoAnn? Ms. Yukimura: I am just wanting to say, I guess, that if it would go to the reserve and strengthen our financial standing with the bond companies, that would be one thing but just cutting is not good because as you said yourself it is kicking the can down the road. Mr. Rapozo: May I respond to that? Chair Furfaro: You may respond since you are the introducer. Mr. Rapozo: As long as you do not spend the one point four, six million, JoAnn, it will go into the reserve. I do not have a use for it. I do not have any adds, so for me that is where it is going to go. I am getting really concerned because it seems like only Ross, and I, and the Chair maybe, have put in cuts. So to balance this budget, I do not know where else to... Ms. Yukimura: Well the other use for it is to offset some of the revenue proposals. Mr. Rapozo: That is what this does. Chair Furfaro: That is what it does by going in the pot. Ms. Yukimura: But it does not go to the reserve then... Mr. Bynum: We decide that later. Ms. Yukimura: I know we decide that later. Mr. Bynum: This is about cuts. DELIBERATION & PRELIMINARY DECISION-MAKING 85 MAY 12, 2014 Ms. Yukimura: I am just sharing my thought process which is part of what underlies my vote. Thank you. Chair Furfaro: That only reinforces why I wanted to have a straw poll so that we understand what we are chasing versus what we are building. Mr. Bynum has the floor. Mr. Bynum: Sticking to just the cut portion of this...I am not going to repeat the earlier OPEB discussion. The Mayor proposed initially four point four million from this source and then said well I was hoping to put it back when we get the TAT, we did not get the TAT and the Mayor is not going to source anymore in his proposal. This is a long way of saying I support Councilmembers. I am going to vote for this and we may choose to do even more because you are right, this is a cut, it is kicking the can down the road, that is true but that is opposed to taking cuts the is going to impact services and employees next year. Thank you. Mr. Hooser: I also am supporting this but in the context of the entire package also. I share Councilmember Yukimura's desire that at the end of the day to have these cuts result in a larger fund balance at the end. So not to offset tax increases necessarily, it could offset some of them but it is going to take a combination. At the end of the day I would like to see our fund balances increase and then we have a sustainable budget. This is a tool that takes us down that path. Hopefully, we can go all the way down the path and we do not stop when it comes to the revenue side but I do support this and I want to thank Councilmember Rapozo for putting it forward. Just to clarify that there is no stronger supporter at this table for Councilmember Kagawa's tax cuts then Councilmember Hooser. He offered all the cuts that I was going to make. I really want to commend Councilmember Kagawa for taking the initiative on those cuts and I know he is not quite done. He is still looking at one or at least it is hanging up there. Thank you. Chair Furfaro: We will refer to you as the "dynamic duo" then? Mr. Hooser: That is right. Chair Furfaro: Very good. Mr. Kagawa. Mr. Kagawa: I was very hesitant about supporting this but when you, yourself need support of fellow colleagues and a colleague comes up with a brave measure...that is not going to get a lot of praise but it is going to put the County in the better position, I believe us having some kind of reserve in the end and the larger the better is going to put us in a better position. We do not know what the true amount of the underfunding is going to be at the end because as Steve found out today, sometimes we are in better shape than we actually thought we were when the actual results come out. I will be supporting this as well in this tough budget. Thank you. Chair Furfaro: Further discussion? Okay. I will not be supporting this. I want to give thanks to the Administration for going and spending time with the actuarian that brought us back to being able to fully fund the OPEB. I think that we are in a better position than really taking this contingency, this is a contingency right now because it does not end the liability, it just defers it. So talking about merits of courage and so forth, I do want to pass around a few at the table but I believe this should be more of a last resort thing then to defer OPEB. May I have a roll call on Mr. Rapozo's motion. DELIBERATION & PRELIMINARY DECISION-MAKING 86 MAY 12, 2014 The motion to Reduce OPEB by ten percent (10%) in all Funds except Liquor and Misc. Housing Funds, was then put and carried by the following vote: FOR REDUCTION: Bynum, Hooser, Kagawa, Rapozo, Yukimura TOTAL— 5*, AGAINST REDUCTION: Chock, Furfaro TOTAL—2, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—0. (*Pursuant to Council Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Yukimura is noted as voting silent but shall be recorded as an affirmative for the motion.) Chair Furfaro: We have 4 yes, 2 no, and 1 silent with Yukimura which will go to the positive. That passes. I do want to remind everybody anticipate the line item in the next CAFR that indicates that liability stands. Moving to additional cuts, does anybody have anymore? I know you guys touched on two (2) of mine, if not, I will be glad to start introducing a few. Can we start with the energy piece please? We are hearing some good things about the Green Team. We even had Ben tell us that we should shoot for a goal of maybe three percent (3%) in managing our energy reductions. I am circulating one that talks about reducing kilowatt hours and then the kilowatt hours are converted into actual dollars. A two percent (2%) reduction on nine million two hundred and sixty thousand kilowatts is a hundred and eighty-five thousand kilowatt hours. A hundred and eighty-five thousand kilowatt hours at forty-eight cents would save us over all Departments; General Fund, Highway, Solid Waste, Sewer, and Golf would save us eighty-eight thousand dollars. I think that is a reasonable reach. I think we have to have some goal setting here. Again, as you remember Ben Sullivan felt that moving forward we could reach for three percent (3%) and this is two percent (2%) and also hopefully we could see something happen with the streetlight changes that have been launched but KIUC. That would be my motion. Chair Furfaro moved to Reduce Electricity of two percent (2%) across General Fund, Highway Fund, Solid Waste, Sewer Fund, and Golf Fund, seconded by Mr. Kagawa. Chair Furfaro: Further discussion? Seeing none. Roll call. The motion to Reduce Electricity of two percent (2%) across General Fund, Highway Fund, Solid Waste, Sewer Fund, and Golf Fund, was then put and carried by the following vote: FOR REDUCTION: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 7, AGAINST REDUCTION: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. Chair Furfaro: The next one is...and I do not want to get it confused with a revenue forecasting because this adds income without adding expenses and the next one I would like to pass around is about the number 9 booth at Spouting Horn which is reflected in the budget as being vacant. I am indicating that even if it went out to fill the last one because it is the least desirable, it should be able to add twenty-four DELIBERATION & PRELIMINARY DECISION-MAKING 87 MAY 12, 2014 thousand dollars ($24,000) in rent. That is only sixty-six percent (66%) of what the current rates are but I do want to send a message to Economic Development and the Administration that we should not have a booth that sits empty in the forecast. Ms. Yukimura moved to Account for filing vacant Spouting Horn Concession and increase amount in Parks & Recreation Improvement Fund, seconded by Mr. Kagawa. Chair Furfaro: Again, it is not the full amount that I am putting there but it is a necessity to add this revenue. Mr. Rapozo: So, Mr. Chair, this is not a cut? Chair Furfaro: No. This is adding thirty thousand dollars worth of rent with no additional expenses. Mr. Rapozo: Yes, okay. Chair Furfaro: So, it adds revenue. It becomes positive on the savings. Further discussion? I think I said twenty-four but it is thirty for a reduction. Roll call. The motion to Account for filing vacant Spouting Horn Concession and increase amount in Parks & Recreation Improvement Fund, was then put and carried by the following vote: FOR REDUCTION: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL– 7, AGAINST REDUCTION: None TOTAL– 0, EXCUSED & NOT VOTING: None TOTAL–0, RECUSED & NOT VOTING: None TOTAL–0. Chair Furfaro: Could I take a short recess to get my pieces in order? There being no objections, the Committee recessed at 3:58 p.m. The Committee reconvened at 4:10 p.m., and proceeded as follows: Chair Furfaro: We are back from the break. Thank you for allowing that time. I just have two more items. Under the duplication, we found that the Building Fund for the public restroom facilities— there was about forty thousand dollars ($40,000) in duplicate design fees. I want to share with you that I would like to get some acknowledgement that that duplicate could be earmarked in CIP for the purposes of Parks designing expanded skateboard facilities. That was the duplicate that we found on the two (2) parks for design element only. I would like to get some acknowledgement on that. If somebody would make the motion for me, I would appreciate it. Ms. Yukimura moved to cut the duplicate amount of forty thousand dollars ($40,000) for the comfort station design in the Bond Fund - CIP and apply it to design of an Islandwide Skateboard park, seconded by Mr. Chock. Chair Furfaro: Further discussion? • DELIBERATION & PRELIMINARY DECISION-MAKING 88 MAY 12, 2014 Ms. Yukimura: Chair, is it your intention that it focuses on a particular park in a particular area? Chair Furfaro: I am just basically saying that at this point, we will leave it to the Parks Department, but the money would be available that way because this was designed money for building. Ms. Yukimura: Okay. I am in support of this. The way I understand the basic approach is that there is going to be an effort to redesign and reconstruct the skateboard park in Kapa'a as sort of the main skateboard park, and then we are looking at smaller designs in other communities, which I support. I recently spoke to people in Waimea and Kekaha who want to see a park there and previously have been working with the kids in Lihu`e. I am just saying that we need sort of an overall plan and I see two different kinds of parks; one, a major place where major tournaments can be held if there is such a thing, and then smaller neighborhood parks, which would be less elaborate skateboard parks but still serve a need for kids on a daily basis. I am hoping that the Parks Department will give some direction in plan. I know they are working with the private sector and... Chair Furfaro: We know what you are referring to... the world famous... Ms. Yukimura: What is his name? Chair Furfaro: Way. Ms. Yukimura: Yes, Dan Way. Thank you. It would be great to bring that kind of public/private partnership to it, but we need some kind of a plan and I hope that is forthcoming soon because the kids have been waiting for a long, long time. Some of them have already graduated from high school and gone off to college. Chair Furfaro: Mr. Hooser. Mr. Hooser: I have more of a process question. Are we going to be doing ads now? Chair Furfaro: No, we are not doing ads. We have an item that I sent over to them that said, "What happened to the forty thousand dollars ($40,000) in design?" It is in the CIP Budget, so it is also part of the CIP Budget. I am really just talking about the CIP Budget right now. If you folks would want to prefer to it for another day, that is fine with me. I just want to point out that it is there. Right now, it is sitting there in the process. It is CIP money that needs to stay in CIP. We can scratch that for another day. • Mr. Hooser: No, I am just trying to figure out what the process is. Are we doing CIP and Operating separate or it does not matter? Chair Furfaro: However you guys want to do it. We can just drop the topic for now. Mr. Hooser: I do not want to rain on your parade though. You are the Chair. DELIBERATION & PRELIMINARY DECISION-MAKING 89 MAY 12, 2014 Chair Furfaro: At least last time I checked I was, but if you have a difficult time with the process, this can wait another day. Mr. Hooser: I am just asking the question, Chair. Chair Furfaro: Okay. Mr. Rapozo. Mr. Rapozo: Thank you. I had a similar question. The Bond Fund CIP— I am assuming we can make amendments to that here. Does it have to go through the... Chair Furfaro: Actually, I think this is where the discussion should be. Since we only have another fifteen (15) minutes for today, maybe we should take that up tomorrow. Mr. Rapozo: Obviously, I would support the removal of the forty thousand dollars ($40,000) because I thought that was supposed to be done by the Administration. We had that agreement that they would... Chair Furfaro: I thought we had that agreement, but it did not show up. Mr. Rapozo: I do support the forty thousand dollar ($40,000) removal. I am not ready to support the add, simply because I want to hear what everything else is on the table by other Councilmembers as well, and then prioritize that as we go forward. I guess I would prefer seeing the reduction and vote on that today, and then do the add when we get to the adds tomorrow, if that is not a problem. Chair Furfaro: I have no problem with that. We can vote on that. Like other things, I too, would like to have my share of contributions on cuts, but I would also like to have my share of comments tomorrow for adds. That can wait for tomorrow. Are we all in agreement that the adjustment should be made on the design fee of forty thousand dollars ($40,000)? Ms. Yukimura: Yes. As the maker of the motion, I will accept this friendly amendment to just make it a motion to cut the forty thousand dollars ($40,000) from the comfort station improvements. Ms. Yukimura moved to cut the forty thousand dollars ($40,000) from the Comfort Station Improvements in the Bond Fund - CIP, seconded by Mr. Kagawa. Chair Furfaro: Thank you so much. May I have a roll call please on cutting the duplication? The motion to cut the forty thousand dollars ($40,000) from the Comfort Station Improvements in the Bond Fund – CIP was then put, and carried by the following vote: FOR MOTION: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL– 7, AGAINST MOTION: None TOTAL– 0, EXCUSED & NOT VOTING: None TOTAL– 0, DELIBERATION & PRELIMINARY DECISION-MAKING 90 MAY 12, 2014 RECUSED & NOT VOTING: None TOTAL— 0. Chair Furfaro: Thank you. We will save that when we look for other items, but the forty thousand dollars ($40,000) is floating in the CIP Budget. The last item I have... I think Mr. Chock has one before we end the day as well, but after looking at the forecasted improvements and the golf course without changing rates, which is a separate item in a different meeting, I believe that the golf course revenue can grow in a twelve (12) month period by about eighty thousand dollars ($80,000). Again, this is added revenue without adding any expenses and that is based on my projections. It does not take rates; this is just a reflection of adding additional paid rounds for one (1) year. Mr. Bynum moved for the addition revenue of eighty thousand dollars ($80,000) to the Golf Fund for additional paid rounds for one (1) year, seconded by Ms. Yukimura. Chair Furfaro: Is there any further discussion? If not, roll call vote, please. Ms. Fountain-Tanigawa: Eighty thousand dollars ($80,000) to the Golf Fund. The motion for the addition revenue of eighty thousand dollars ($80,000) to the Golf Fund for additional paid rounds for one (1) year was then put, and carried by the following vote: FOR REDUCTION: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 7, AGAINST REDUCTION: None TOTAL—0, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—0. Chair Furfaro: Just as a preview, I added about one hundred ninety thousand dollars ($190,000) of cuts and tomorrow, I only have thirty-seven thousand dollars ($37,000) of additions. I contributed one hundred fifty thousand dollars ($150,000) to the cuts. Mr. Kagawa, you have the floor. Mr. Kagawa: I was just wondering as to when we would be ready to address the overtime cuts that I proposed in a vote. I think the Staff was not clear on the direction. We wanted to make sure that the percentage taken was not out of contract-obligated items in the Police or Fire, and that it just dealt with the normal overtime. I do not know if Staff is ready today with those cuts or not, so maybe we can perhaps address them first thing tomorrow. Chair Furfaro: No, let us ask the question because I asked them earlier if they were ready and did not indicate that they were, but let us ask them now. Are they ready? Did you get numbers from the Administration on Mr. Kagawa's... no? You did not? When can we expect that? Mr. Kagawa: Chair, it looks like twenty (20) is kind of out of the question, so maybe we can get two estimates; one at ten percent (10%) and one at five percent (5%). DELIBERATION & PRELIMINARY DECISION-MAKING 91 MAY 12, 2014 Chair Furfaro: Okay. Ernie, the question is from the introducer, Mr. Kagawa on the overtime, when are we going to see a number for ten percent (10%) and a number for five percent (5%) reducing operational overtime? Mr. Barreira: Chair, once again, my understanding was that there was some discussion about Countywide and there was discussion about large departments. Are we now looking at Countywide? Chair Furfaro: I asked for Fire, Police, and Public Works at five percent (5%). The others should be reported to us as well, but at the five percent (5%) and at the ten percent (10%). Mr. Barreira: Very good. I provided the Analysts here two of the three larger departments. There are some issues that are more complex with Public Works that I will work out and get to the Council. We will give the numbers that you are requesting, but it will most likely have to be tomorrow, Sir. Chair Furfaro: Can you give us an idea of when we can have our orange juice on this in the morning? Is it late? Is it early? Mr. Barreira: We will shoot for opening session so that you can work on that. Chair Furfaro: Does that satisfy you, Mr. Kagawa? Mr. Kagawa: Yes. I think if workers have to go overtime, I could perhaps wait until after lunch. I think we have had a lot of cuts. We can go into the adds maybe in the morning, unless we have further cuts. Certainly, I would like to have a vote on just that generally, I think we should look at having managers get deeper into their overtime issues and any cut I think will force them to do that. Chair Furfaro: Okay. We will hope to get that before lunch. Let us shoot for 12:00 p.m. Mr. Barreira: Chair, may I make one minor request? While we have heard from the Police Department and the Fire Department in terms of the overtime implications, I think it would be fair to hear from Public Works because I cannot speak accurately to the impacts of the various overtime challenges. That would be my request, Sir. Chair Furfaro: Have you had that discussion with them? If you did not hear what I said on the floor, I will send an E-mail. I said Police, Fire, and Public Works— the three big ones. They should start working on it. Will you have something for us by12:00 p.m.? Mr. Barreira: Yes, Sir. I guess I am not being clear. Forgive me. The Council has heard from the Police and the Fire Department about the implications of overtime. My suggestion is that the Public Works be allowed to speak to that issue as well. Chair Furfaro: Maybe you did not hear it from me. I said Fire, Public Works, and Police. If you could give my Staff that number. Have you given them that number? DELIBERATION & PRELIMINARY DECISION-MAKING 92 MAY 12, 2014 Mr. Barreira: I have given Police and Fire, yes. Chair Furfaro: Okay. You are due for Public Works and then the rest of the County for the smaller departments, but I want to see them as separate numbers. Mr. Barreira: Five percent (5%) and twenty percent (20%)... sorry, five percent (5%) and ten percent (10%). Chair Furfaro: Yes. The twenty percent (20%) is off the table to the credit of Mr. Kagawa. Mr. Barreira: Five percent (5%) and ten percent (10%). Very good. Chair Furfaro: Mr. Bynum. Mr. Bynum: I am just a little confused. I kind of liked where Councilmember Rapozo was going with this discussion earlier about what is contractually obligated and what is not. Like in Police, like Fire, it was two hundred thousand (200,000) that was "discretionary" was the word I think we used and the proposals to cut one forty thousand (140,000) of that. It is different in every department. Are we doing an analysis of that? What is discretionary versus what is contractually obligated? The Chair was coming from five percent (5%) to ten percent (10%) of discretionary versus five (5) or ten (10) across the board. Chair Furfaro: That is where I believe we are at, right? Mr. Barreira: Yes. Chair Furfaro: Ten percent (10%) on the discretionary overtime and five percent (5%) on the discretionary overtime, especially from those three big departments. Mr. Bynum: Okay. Thank you for the clarification. Chair Furfaro: Mr. Chock has an item. Mr. Chock: I have a small item from the Office of the County Auditor. Earlier in the year, we had a discussion on an agreement made upon an independent computer network. This is a small amount moving into the next fiscal period. It does not seem necessary looking at a cut of twelve thousand dollars ($12,000). Mr. Chock moved to reduce the Computer and Accessories line item for the "Independent Compute Network and Telephone System" in the amount of twelve thousand dollars ($12,000) seconded by Mr. Kagawa. Chair Furfaro: Discussion? Mr. Kagawa: Councilmember Chock, if you can kind of reiterate... the County of the Auditor was asked about if this would be implemented and the answer was not in this fiscal? DELIBERATION & PRELIMINARY DECISION-MAKING 93 MAY 12, 2014 Mr. Chock: The discussion that appeared earlier on the Council floor was about whether or not he would have an independent network or an internal network, which the cost was attributed to. Going forward, the agreement is that it be internal, instead of with our IT. Mr. Kagawa: Thank you. Chair Furfaro: Further discussion? Mr. Rapozo. Mr. Rapozo: That was agreed upon by the Auditor himself? The last discussion we had, the meeting with you and myself downstairs, it appeared that the agreement from the Administration was that they were going to pursue this independent network. Mr. Chock: IT and Steve was a part of that conversation. They all met. We were briefed on it prior to us. Mr. Rapozo: The Auditor was part of that discussion? Mr. Chock: That is correct. Mr. Rapozo: And he was okay with it? Mr. Chock: Yes. Mr. Rapozo: Okay. Thank you. Chair Furfaro: Okay. We are going to need to vote on that item. May I get a roll call, please? The motion to reduce the Computer and Accessories line item for the "Independent Compute Network and Telephone System" in the amount of twelve thousand dollars ($12,000) was then put, and carried by the following vote: FOR REDUCTION: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 7, AGAINST REDUCTION: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—0. Chair Furfaro: Thank you very much. I have a couple of announcements here for you folks as we go forward. I want to acknowledge that tomorrow, Mr. Kagawa has agreed after we talked about our travel pieces and I indicated again that the Council travel budget was subject to the cuts, but I want to point out again that 2014 is an Election year, so they need to go back and look at the cost as it deals with our Staff dealing with the State Office and running the Election. I believe he will be introducing an amendment to that. Can I say that is correct, Mr. Kagawa? Mr. Kagawa: Yes. Chair Furfaro: Okay. JoAnn, do you have a question? Go ahead. DELIBERATION & PRELIMINARY DECISION-MAKING 94 MAY 12, 2014 Ms. Yukimura: I have a proposed revenue increase, so should I do that tomorrow? Chair Furfaro: This is how I am going to do it. If you have proposals on revenues in the beginning, I am going to give everybody who wants to speak ten (10) minutes to talk about items that may have come to their attention after our first day here and that might be a good time for you to make your presentation. Ms. Yukimura: It would be a motion too, right? Chair Furfaro: Yes. Ms. Yukimura: Very good. Chair Furfaro: A presentation and a motion. I will give everybody ten (10) minutes tomorrow. Is that acceptable? Ms. Yukimura: Yes. As long as I have some time because this is in the same light of the revenue proposal. Chair Furfaro: We will do that tomorrow morning in the beginning. Mr. Hooser. Mr. Hooser: I had a question on the CIP, but it may relate to the Operating Budget. Is this the time to bring it up? I notice that the CIP Manager is here. Chair Furfaro: Yes. It might be a good time to bring it up so that they are aware of the discussion tomorrow. Mr. Hooser: Okay. Chair Furfaro: Do you want the CIP Manager up? Mr. Hooser: Yes. Chair Furfaro: Keith. Mr. Hooser: The answer to the question will tell me whether I have work to do tonight on this. Thank you. In looking at the first page of this that you gave us, it says, "General Fund — Kamala Bridge, Stream Erosion." If I am reading it correctly, the proposed Budget Ordinance has a total of one hundred two thousand nine hundred twenty-nine dollars ($102,929) in General Funds as opposed to Bond Funds. Is that correct? There being no objections, the rules were suspended. Mr. Suga: Can you repeat that one more time, please? Mr. Hooser: Okay. The breakdown that I have here, it looks like the proposed Budget Ordinance has one hundred two thousand nine hundred twenty- nine dollars ($102,929) in General Funds, I think. I can show you this. This shows that DELIBERATION & PRELIMINARY DECISION-MAKING 95 MAY 12, 2014 one hundred two thousand nine hundred twenty-nine dollars ($102,929) of General Funds are being used for these Capital Improvement Projects. Mr. Suga: That is correct. Mr. Hooser: My question is if we were able to locate other Capital Improvement Projects that were being funded by Bond Funds— could those Bond Funds supplant this one hundred two thousand dollars ($102,000) and then this one hundred two thousand dollars ($102,000) go back into the General Fund? Mr. Suga: Yes. Mr. Hooser: Okay. My final question is— it is for the Administration in general. If we were looking for a bond funded project that we can shave one hundred two thousand dollars ($102,000) off of, would you have any suggestions for what that might be? You can tell me tomorrow if you would like to think about that. Mr. Suga: Sure. I would like to have some time. Mr. Hooser: Okay. Do you understand where I am trying to go? Mr. Suga: Yes. Mr. Hooser: That would achieve a savings to the General Fund of one hundred two thousand dollars ($102,000) if we were to do that. Thank you. In the morning, you can talk perhaps? Mr. Suga: Sure. Mr. Hooser: Okay. Thank you. Chair Furfaro: Please be familiar with those conditions, Keith, as it relates to moving Bond Fund moneys for projects that need to qualify as Bond Projects. Mr. Suga: Yes, Sir. Chair Furfaro: Thank you. Are there any more questions for today? It is my desire to be finished tomorrow at 4:30 p.m. It is my desire to remind you that Wednesday, we have revenue votes during the Council. Also, I want to point out again that on Wednesday, we will be starting the Council by going into a number of Executive Sessions as it relates to those ten updates. Now that they are using our new forms, we will get updates on our financial status of a number of the lawsuits. Until tomorrow at 9:00 a.m., may I say a big mahalo to everyone. We are recessed for today. There being no objections, the meeting was called back to order, and proceeded as follows: There being no objections, the Departmental Budget Decision-Making was recessed at 4:32 p.m. The Deliberation and Preliminary Decision Making reconvened on May 13, 2014 at 9:08 a.m., and proceeded as follows: Deliberation and Preliminary Decision-Making: Honorable Tim Bynum Honorable Mason K. Chock, Sr. Honorable Gary L. Hooser Honorable Ross Kagawa Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro, Council Chair Chair Furfaro: Aloha and good morning. I would like to call back our session that went into recess yesterday. I would like to go around the table giving each member five (5) minutes to make comments or suggestions as a review of yesterday's work that ended last evening. Then we will be talking today about Capital Improvement Projects (CIP). We will be talking about revenues as it relates to the property tax piece. During the property tax piece, I will give each member ten (10) minutes for their comments as well. So, we will start around the table and Mr. Kagawa, we will give you the first five (5) minutes here to recap anything you wanted to say about yesterday's work. Mr. Kagawa: Thank you, Chair. First of all, we are going to be proposing instead of twenty percent (20%) reduction in overtime, I am going to be proposing just a five percent (5%) reduction and the five percent (5%) for Fire would only come from restricted funds. Well, I guess, funds that are not contractually obligated. From the Police, they said none of the overtime is unrestricted. So, they said that they could live with the five percent (5%) and specifiy specific line items that would be taken out. As far as the travel account, there were several accounts that, and I will just name them: Prosecuting Attorney, Personnel, Planning, and Economic Development, that went the other way by reverting to 2013. They actually got more money than they asked for in this fiscal year which is of course, we are adding to their budget when they are not even asking for it. So, those are just corrections to restore their 2015 request. For Council Services, we are adding eighteen thousand five hundred dollars ($18,500) to the travel budget because this year is an Election Year and in 2013, there was not an election. So, Elections Division needs those moneys restored to account for it being an Election Year. As far as the Finance Department, I had a lengthy discussion with Mr. Hunt and they are going to be severely affected. The cut to Finance was going from fifty-five thousand dollars ($55,000) back to fifteen thousand dollars ($15,000), a reduction of forty thousand dollars ($40,000). That was the largest percentage among all cut Departments. He said that things that would be affected would include the audit, the Comprehensive Annual Financial Report (CAFR), et cetera, and we definitely do not want to affect those timings being late because those are necessities. So, being that he took the time to contact us about it and saying specifically what would be affected, I am proposing that we restore thirty-four thousand four hundred six dollars ($34,406) and that would get them back up to their request. The last item, well, I would just like to end by saying that we receive a lot of comments from Departments, from the public as well, and one of the things that the public is still concerned about is, I think, the vehicle weight tax and asking me how much it is going up. So, your bill is going to go up again to reiterate, from one hundred ninety-five dollars ($195) to possibly two hundred twenty dollars ($220) or two hundred fifteen dollars ($215). So, you would basically be paying about twenty-five dollars ($25) more per vehicle DELIBERATION AND 2 MAY 13, 2014 PRELIMINARY DECISION-MAKING that you own. If you own two (2) cars it would be fifty dollars ($50) a year more, and they expressed concern. I think one of the things that they said was that if they are going to be taxed more for their car, then let us do a better job on taking care of the roads. One of the roads that I just drove by yesterday that is in really bad shape is Nawiliwili Road. We talked about Puhi Road being bad, but Nawiliwili, right in front of our shopping center is just so highly traveled. I mean, that road is just horrible. So, I think we can justify charging more for vehicles, but I think in the end we need to see some improvement on the way we take care of our main thoroughfares. Hopefully, that will happen. So, I would say that I would be still supporting the vehicle weight tax and I will be working together with Public Works and let us start working on that priority list and seeing what we can do to get some of these roads done. That way we can justify to the public that hey, we are charging you more, but you are getting better service and we are trying to put that increase to work. So, with that, thank you Chair, and I look forward to a quick day. I know the adds always take faster than the cuts. Chair Furfaro: Yes. Mr. Rapozo, you have time to discuss yesterday's events or anything new you would like. Five (5) minutes. Mr. Rapozo: I will just be brief. I think I said most of my comments yesterday. My position has not changed at all. I think in football if you are playing the season, you have to win the game, but you also have to think about next week, the week after it, and if you are into the playoffs. You have to strategize your game plan to make sure that you have enough oomph to finish out and win the championship. I think that is critical. Similarly here at the budget, we have to make sure that when we are discussing costs, adds, and cuts we cannot just be thinking about this year's budget. We have to be thinking about next year and the year after. I mean, I have professed that every year, that we cannot look at it as a one (1) year budget. Mr. Hooser yesterday in his opening remarks kind of put everything in perspective as to where we are at and why. Now, if today is the starting point, I mean, I have heard several Councilmembers say, "This is the correction year." Well, let us think about that. Let us think about going down next year, the year after. The State does a biannual budget. We do a two (2) year budget. Maybe that is something that we have to look at because we cannot just do things today to get through this year and then be in a worse position next year. So, we have to tell out taxpayers, "Sorry, we tried, but we still need more." I think that is just the mindset that I am setting myself in today as we go through the discussions. I just ask that the rest of us think about next year and the year after and the year after because that is what we are here for. It is not just to get out of the hole we are in, but to make sure that we set ourselves up in a good way for next year and the year after that. Thank you, Mr. Chair. Chair Furfaro: Okay. Thank you. Mr. Chock: Thank you, Chair. I just wanted to first thank some of my colleagues for the great work that they did and Councilmember Kagawa, for the introduction of some cuts that we can consider and talk about because if it was not there then it would not exist. We would not have this chance to just talk about it. While we have had to make decisions, what I like to think is that this is a process. The process is that we present these thing and we get to talk about them and where there needs to be changes or adjustments, that is what we can move towards. So, again, I am thankful for the opportunity to look at everything that is being shared and that we can come towards resolutions to come to some sort of balance. I kind of see, just like life, an overcompensation of needing to act on certain things and then when we can find the middle road, just like in dealing with people's perspectives, then we can have some balance. DELIBERATION AND 3 MAY 13, 2014 PRELIMINARY DECISION-MAKING There is just one (1) area that I wanted to bring up since I had a discussion with the Managing Director and Director of Finance on the travel. I would ask that they continue to do their work. They have a presentation on the travel. By lunch, I think, is when they will have it. It leads towards their accounting of the County structure that they had within the years that we looked to change. So, to help them along that road would be to reconsider how it is we are adjusting it. Right now, the proposal is to look at a twenty percent (20%) cut of the total travel. However, there are a few classes or Departments that have been conservative while others have probably been a little bit...could use some trimming on their end. So, I would like to look at what they have to say. Chair, if we could look at that at lunch. Other than that, I am looking forward, again, to seeing where else we might be able to trim and then look at our enhancements. Thank you. Chair Furfaro: Okay. Continuing going around the table. Mr. Bynum. Mr. Bynum: Thank you. I thought it was a good and spirited day. There were surprises. I surprised myself by voting for cuts that I did not probably initially come in intending to vote for, but I understood the rationale, particularly those proposed by the Chair who was kind of a master at finding places where we can trim that do not have a huge impact on the operations. I am very pleased to hear Councilmember Kagawa and an effort to relook at the travel cuts because the way it happened, I do not think gives the flexibility. So, wherever that was, I was considering saying, "Let us just go the same dollar amount, but cut it from the existing budget." I hear that there is an effort in way to help accommodate the Administration, how they distribute those cuts, is what I am hearing. I really applaud that. I just want to put this in context. This year is the reset year. This is the year that the cap is no longer a part of the equation and what that means is that there is a lot of reset happening among resident homeowners. People who have been paying very low taxes for ten (10) to fifteen (15) years, many are going to have significant increases. Other citizens that are among our taxpayers in the upper side that were paying very high taxes, sometime three (3) or four (4)...two (2) or three (3) times what their neighbors were paying for the same value home are going to have tax decreases. Currently, under the Mayor's proposal, that is...where is the account? Scroll over. Four thousand six hundred (4,600) resident homeowners that have exemptions that will have tax increases this year and five thousand six hundred sixty-six (5,666) that will go down if we leave the homestead rate unchanged. If we raise the rate up, then there will be more people paying increased taxes at a higher rate. If we lower the homestead rate at all fewer people will be paying increases and the increases they would be paying will be smaller. So, the decisions we made about revenues and what came clear yesterday, that equally strong commitment and upset at some of the measures we have to take and we are debating which of the egregious ones is the one that we should do. That outcome will come today. But what we decide today on tax rates and on this bigger issues is going to set...the dye will be cast because most of our structural changes are done this year. We have put in increased exemptions for homeowners. We have put in long term rental incentives that landlords who choose to rent their rentals at a lower price can be in the homestead rate that I hope to keep low and if we lower that rate, we give our landlords who are keeping their rentals. Greater incentive to keep affordable housing available for working people as opposed to that housing going up, market rate, or into vacation rental. We structurally have made wonderful changes over five (5) years, but this year, we reset and believe me, those folks that get a six hundred dollars ($600) or seven hundred dollars ($700) increase in their taxes, when they go from...some of them like four hundred dollars ($400) to nine hundred fifty dollars ($950) all in one (1) year, they are not going to be happy. The choices that we make here will decide the fate of those individuals, DELIBERATION AND 4 MAY 13, 2014 PRELIMINARY DECISION-MAKING our friends and neighbors. Again, those people are paying big increases. They have enjoyed tax rates well below most of their neighbors for ten (10) or twelve (12) years. So, this readjustment is just. It is appropriate. So, this is the reset year. Yesterday we did good work here. I really appreciate looking at some of the cuts that I voted against, but I lost. That is democracy. Now to be able to reprogram those a little bit that make more sense for our workers out there so it does not hit the Departments as strong. I still have huge concerns about an across the board cut in overtime. Anything that is across the board is going to cause these anomalies and we have like just a few hours for the Administration stand up and say, "Wait, wait. Did you think of this?" I expected the cuts from all of things that people said, the big cuts, not be that kind of across the board let us cut this and you folks figure it out, but what I heard was people saying, "Hey, there are things that we just have to quit doing." I expected there to be cuts in Departments that says this service, we cannot just do it anymore. There kind of cuts that are across the board... ALLISON S. AR.AKAKI, Council Services Assistant I: Five (5) minutes. Mr. Bynum: ...and an already trimmed budget, make it really difficult to administer our government and we should think about that too because part of that difficulty will be perhaps a flood of Money Bills coming over because we cut it so tight that they have to come back to us when reality strikes, but overall, this is democracy in action and it happens pretty good here on Kauai. Thank you. Chair Furfaro: Okay. JoAnn. Ms. Yukimura: Thank you. I thought we did good work yesterday, hard work, not easy at all, but I appreciate the thinking and offerings of my colleagues and also the discussion that we had around the table. I continue to be concerned about the across the board cuts as I have mentioned before about the smaller Departments and Divisions. As I gave an example about Housing, it was very critical that Housing be at the Legislature this year to talk about a very important issue where the Department of Hawaiian Homelands (DHHL) is taking away the housing zoning credits that we have where we require developers to build affordable housing. DHHL is able to just take all of those credits and use it instead of the County using it for our constituency, which is the people of Kaua`i. So, I would be in favor of the cuts if they are the...only for the discretionary cuts and only for the larger Departments. I agree with Councilmember Rapozo that we need to be thinking about the years ahead and not just this year, and that is why I will be proposing an Arts & Culture Comprehensive Economic Development Strategy (CEDS) implementation program to work with the artists in the community on a project that can bring together arts and economic development. We have been having some hard time getting that Arts & Culture piece of our economic plan launched and young entrepreneurial artists have stepped forward to work with the County on this proposal. I think that there is all of the elements for a very successful way to build arts into the economy and service our young people, our residents, and our visitors in a way that will make this economy prosper. I also thought the newspaper article in today's front page of the Garden Island, about the United States Department of Agriculture (USDA) report that farmlands are increasing in the State, but decreasing on Kaua`i to be very timely. We have to begin to look at how to increase food production on our island, both for self-sufficiency terms and also for economic diversification. We have the potential for some...I mean, the basic essential for food production is long term tenure for farmers. We have several agricultural park proposals which will require a lot of investment of time and money, and we need to DELIBERATION AND 5 MAY 13, 2014 PRELIMINARY DECISION-MAKING make sure that these proposals are successful. So, I am proposing, for a very small amount, an Agricultural Workshop where we can bring together those who have been working on this issue for a long time. Farmers who have been very successful over the years like Richard Ha who is a banana farmer on the Big Island, and because of his work Hawaii is fifty percent (50%) self-sufficient in bananas. Larry Jeffs because of his work, we are thirty percent (30%) self-sufficient in melons. To tap the brains of these people, Neil Hannahs, my college classmate, Kamehameha Land Assets Manager, who is looking carefully at how to give Kamehameha's Bishop Estates lands to farmers for farming and how to do that in an effective way. I would like to bring them all together in an Agricultural Workshop where we can meet with our farmers and our policy makers like this Council, like ADC, the Agribusiness Development Corporation, like the Farm Bureau, and others and work together to move toward a vision of greater agricultural production. So, my time is up. I want to say we are doing very important work not only to stabilize the budget, but also to prepare for the future. So, I look forward to the work that we are going to do today. Chair Furfaro: Mr. Hooser. Mr. Hooser: Yes, thank you, Chair. I also think we did great work yesterday and I want to commend Councilmember Kagawa, especially for being willing to put forth some strong measures of budget cuts. I want to reassure the people watching on television, the millions, that none of these cuts will impact any contractual obligations whether it is for overtime, or health care, or whatever. It is not going to increase costs to any individuals in terms of the health care or diminish any contractual obligations that might occur in overtime and others. I agree that these cuts are better made by the Administration and that broad-based cuts are not the most efficient way to do it. We asked the Administration to make those cuts and they made some, but they did not make enough. So, we have to then go back and do the best we can. I would encourage the Administration and the Council, the Administration, if they think they can restructure some of these cuts better, to put those proposals forward and as long as for me personally, the net amount does not change. Let us say for the travel for example. It is x amount of dollars that we put up there on the table. If they want to rearrange things within their Departments and come up with the same amount of savings, I am okay with that whether it is in all categories, but I do not want to see those numbers increase. I want them to decrease in terms of the savings. I believe we need to stay focused on the ball, keep our eye on the ball and for me, the ball is that we need to increase our reserves. This budget started out as a hallow budget with, I want to say four hundred thousand something in uncommitted reserves and that is with...just for one (1) example. The County Attorney's Office has a budget that was unrealistic. They are going to spend over one million dollars ($1,000,000). I believe it was budgeted much less. So, at the end of the day, I would like to wind up with increase reserves and a budget that for once in the past six (6) years or so, is balanced with the income coming in from tax revenue and fees equals the expenses that are going out in operating expenses. Yes, we have to kick the can down the road a little bit maybe in some of these areas over others, but I would like to see this Council come up with a budget at the end of the day that increase reserves which will increase and help our bond rating, and balances income and expenses. I think that is a responsible thing to do and I would only put two (2) caveats on that for myself personally. I cannot support an increase in vehicle weight tax and I would like to see a reduction in owner occupied real property tax rates, certainly no increase. Other categories can be increased, but my main priority in terms of the people is to protect people who are on fixed incomes. People in fixed incomes cannot afford twenty dollars ($20) or thirty dollars ($30) or forty dollars ($40) more on their car. They just do not have it. All of the other...their expenses are going up. The same with their property taxes. They do not have any method of increasing their revenue to pay for that. So, those would be my caveats as we move forward, but at the end of the day I want DELIBERATION AND 6 MAY 13, 2014 PRELIMINARY DECISION-MAKING to wind up with increased reserves and a balanced budget. I also encourage the Administration to help us here. I am looking...we ended yesterday's conversation, I did anyway, with looking for one hundred thousand dollars ($100,000). We are looking at the CIP budget. There is one hundred thousand dollars ($100,000) in round numbers of Operating Funds that could be replaced by Bond Funds. So, we just need to find a project that is not going to be funded or it is unlikely to be spent this year. We know there is tens of millions of dollars for projects that, if they follow history, will not happen. So, we could either look into those CIP projects and pick one (1) and take one hundred thousand dollars ($100,000) off it or we could, the Administration could offer up one (1) or offer up ten (10) ten thousand dollars ($10,000) on ten (10) different projects, but wherever. That is a more efficient way to do that budget cutting. Not for me or for any of us just to reach in there and do things, but to ask them to work with us on this. I am pleased with the way the direction is going and hope that we could have the same success if you would, as we go through the revenue increases that are going to be difficult for us to make as well. So, thank you all. Thank you, Chair. Thank you, to the Administration. Aloha. Chair Furfaro: Okay. Before my time, I have a few announcements here. So, I sense after what I have heard around the table, that between Mr. Kagawa and Vice Chair Chock, maybe there will be a revisit of the travel pieces. So, before we do that, and we can do it a little later today, I want you to know because we took a vote on that, I am going to ask is it Mr. Chock's position that you would like to reconsider that vote and we can do that later on? Mr. Chock: Sure. Chair, the request is for us to amend that current proposal. Chair Furfaro: Okay. Mr. Chock: If it takes us...it is easier to look at the best options and consider Councilmember Kagawa as a combination, I am happy to start again and rescind my vote. Chair Furfaro: Okay. Why do we not plan to look at an amendment then and we will do that a little later after you folks have had time to talk at the break? Mr. Kagawa. Mr. Kagawa: Well, actually I do have an amendment. I think the fact of the matter is even with my amendment the Council will still be, second to the Mayor's Office, the largest Department hit by this cut. So, we are actually...we are cutting ourselves the most, but again, I think Councilmember Hooser hit the nail right on the head in that we had large variances or lapses for Fiscal Year 2013, the CAFR. This is fact. We had in public safety.... Chair Furfaro: Excuse me. I was just asking if you were going to reconsider. I still have not been able to have my time. So, go ahead. Mr. Kagawa: Yes. I am just saying that they do have moneys in their accounts. It is just if they do not give it to us as far as where to cut, this is the only, I think, fair way to cut every Department is to look for an account that everybody has and reduce it. Especially the travel account, which has really blown up. If you look at the history from 2012 to 2015, oh my goodness. I mean, I do not think it is inflation, but anyway. DELIBERATION AND 7 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: Okay. So, we will be shooting for an amendment then after you folks talk. Mr. Kagawa: Okay. Chair Furfaro: Rather than a reconsideration. That is what I wanted to hear from the two (2) of you. Mr. Kagawa: Thank you, Chair. I have my amendment, but if he wants the Managing Director to propose the amendment and we get to the same point, then I am happy with that. Chair Furfaro: I want to leave the discussion between the two (2) of you. Mr. Kagawa: Thank you. Chair Furfaro: And we will do that before lunch. Mr. Kagawa: Okay. Thank you. Chair Furfaro: How is that? Now, along the way I want to make sure I thank Mr. Bynum for the comment that he made that he said I am pretty good at this. I think I do know some of the moving parts. You can start my time, please. I proposed yesterday my changes. My reductions came to one hundred sixty-eight thousand nine hundred dollars ($168,900). I do want you to know that I do plan to look at a couple things with my savings. One (1) of them is I would like to pass out this article from Kamehameha Schools as it relates to the agricultural community and the need to have a system to manage our bee harvests here on the island (Attachment 1). So, I do not want to go into discussion. I just wanted to let you know that I am looking for about twelve thousand dollars ($12,000) here for the beekeepers. I will also be supporting with my cuts, the idea about cultural and the arts and twenty-five thousand dollars ($25,000). I piggy- backed on that with Councilmember Yukimura. Next, I want to talk a little...talk about terminology here. If I can, it is really important. I noticed that the Garden Island, and JoAnn referred to it. The Garden Island referred to two million four hundred thousand dollars ($2,400,000) worth of cuts today, but the reality is they are not cuts. They are IOUs. Okay? One million five hundred thousand dollars ($1,500,000) in deferring of Other Post-Employment Benefits (OPEB) is an IOU. It is not a cut. Please, we need to make sure we use the right terminology because yesterday was very critical for the Council as we used Fund Balances for taxes we collected on projects that we need and so forth. Well, that is duplicating the same thing. That is a liability. That is a liability that we need to be aware of and that is why if at last resort we have to go there, then we will, but I did not vote to defer that one million seven hundred thousand dollars ($1,700,000). It is a future debt service. So, along those lines, I also want to touch on the fact that in the revenue side that I proposed, there was thirty-six thousand dollars ($36,000) for the Spouting Horn vendors and that is handled as a Parks repair & maintenance (R&M) item, but I wanted to say to the Administration, I am looking for how we are spending two hundred eighty-four thousand dollars ($284,000) that is currently in that account? Where is the plan for that R&M? That should be happening twice a year, that we get updated on it. So, please DELIBERATION AND 8 MAY 13, 2014 PRELIMINARY DECISION-MAKING understand. So, that money of rent added actually goes and is added to the two hundred eighty-four thousand dollars ($284,000) that is there. I am pleased to hear from Mr. Kagawa and Mr. Chock that they will be working on a relook at the travel. That is really important. On the staffing guides, I want to remind us also when we talk about the positions as being half-time and so forth. Unless they are less then nineteen (19) hours they are in reality, still entitled to benefits by Federal law. So, please make a note of that. Nineteen (19) hours and less, people do not collect any overtime benefits and/or medical and other retirement benefits. Twenty (20) hours starts that clock ticking. So, please understand I think this is really important for us to recognize. Then on the revenue cycle, I want you to know that the hotels and resort business, I know pretty well. I do not think that the attempt to get us to the same value as hotel and resorts on other islands is difficult and here is what I am trying to share with you. I will ask this to be circulated if I can to the members (Attachment 2), but this is the growth on the Transient Accommodation Tax in revenue, but the revenue is tied to the growth and average daily rate. The average daily rate on Kaua`i is tied to the fact that the Grand Hyatt is now the Grand Hyatt because of renovations. The Sheraton Princeville is now the St. Regis. The Sheraton Kauai entered into a twenty-seven million dollars ($27,000,000) repositioning of their project. Even Sue Rizzle came to us four (4) years ago, who is the Asset Manger for Le Sera. The owners of Sheraton Princeville said, "We are prepared to revisit our tax base, but let us get through our renovations first." These hotels are repositioned and the other hotels that we are dealing with now are either in time share inventory and/or shared ownership. So, there is room, but at the two dollars ($2) rate, it is probably at the top of the line. So, on that note I would ask this be passed out and I would ask to consider my comments on this deferral as being a future payment, but it is owed and we will start to talk a little bit about CIP, which is where we left off yesterday. Yes, JoAnn. Ms. Yukimura: Mr. Chair, just a process question. I did want to propose some increases like you did on the Golf Course and there is this Park Fund issue in terms of potential savings to the General Fund if we can use the Special Fund for some repair & maintenance. So, I was wondering when we would be able to discuss it. Chair Furfaro: I think we can discuss that as we are going around thorough the CIP because some of the things that we are spending repair & maintenance on are confusing at times under the terminology of the Principles of Accounting. For example, the sprinkler system that was put in the at the Wailua Golf Course is being charged to the operation as if it is an R&M item, but in reality the sprinkler system is a capital improvement. I have always had that position because it added value to the whole golf course. Unfortunately, that is one of the reasons we have a one million dollars ($1,000,000) lawsuit with the Golf Course because we are carrying the debt service of a CIP item, but we kind of ended yesterday, Mr. Hooser wanted to chat in terms of CIP. We left Keith with some questions along with Ernie, and I would like to kind of start from there. Ms. Yukimura: Okay. Chair Furfaro: I will be open to it. Yes, Mr. Kagawa. Mr. Kagawa: Thank you, Chair. Are we going to deal with the overtime budget cut prior or after? Chair Furfaro: No, I heard that they also wanted to consider that before lunch. DELIBERATION AND 9 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Kagawa: Oh, okay. Chair Furfaro: Okay. So, we are going to do that travel and the overtime before we get to lunch. Mr. Kagawa: I thought that Councilmember Nakamura just wanted...I mean Managing Director Nakamura just wanted to address the travel. I thought the overtime, we were getting responses from Public Works, Police, and Fire. We got those responses. So... Chair Furfaro: Oh, did we get them all? Mr. Kagawa: Yes. Chair Furfaro: Okay. So, maybe we will go there first. Mr. Kagawa: That piece is ready. We just vote it up or down and we will see. Chair Furfaro: Fine. I have no problem with that. I did not realize that. Yesterday they only finished Fire, I think, but if they got everything, we are ready to deal with it. Mr. Kagawa: Yes. Thank you, Chair. Mr. Kagawa moved to Reduce Regular Overtime by 5% across all Departments, except Public Works ($2,500 reduction in General Fund, Highway Fund, Sewer Fund, and Solid Waste Fund) in the amount of one hundred fifty thousand three hundred seven dollars ($150,307), seconded by Mr. Hooser. Chair Furfaro: Okay. We have a motion and a second. Discussion? Ms. Yukimura: Question. Chair Furfaro: Yes. Ms. Yukimura: Of course I am interested in the Transportation Agency and I am just looking at this material for the first time. What is the proposal exactly with respect to Transportation because in speaking with the Executive yesterday, the cuts as I understand them would result in cuts to services? Mr. Kagawa: So, the cut to Transportation would be five thousand one hundred thirty-three dollars and seventy cents ($5,133.70). Ms. Yukimura: Where is that? Mr. Kagawa: It is on the third page. Well, the comma is at the wrong place. From one hundred two thousand dollars ($102,000), we will be cutting five thousand dollars ($5,000). Like I said, Transportation, I can read the CAFR again, but I have done it several times. They lapsed in 2013, I think, ninety thousand dollars ($90,000) or something. So, they know where ninety thousand dollars ($90,000) they lapsed. They know where those moneys are in their budgets that they have a little more than they need. DELIBERATION AND 10 MAY 13, 2014 PRELIMINARY DECISION-MAKING What I am saying is that if it really crucial that they have that additional five thousand dollars ($5,000), which I am pretty sure they do, they can pull that five thousand dollars ($5,000) out of whatever lapses. If they are getting better at tightening their budget, they will still have seventy thousand dollars ($70,000) or fifty thousand dollars ($50,000) or whatever left in some type of budget account. They can pull it from there. So, it is a very small cut. Ms. Yukimura: So, has the Administration quarried their Heads to see whether they can live with this without cutting services? Mr. Kagawa: I believe so. Ms. Yukimura: I need some acknowledgment from the Administration. Chair Furfaro: Please come up. There being no objections, the rules were suspended. ERNEST W. BARREIRA, Budget & Purchasing Director: Good morning, Chair Furfaro and members of the Council. Ernie Barreira, Budget & Purchasing Director. My apologies for a couple of the errors. This was done very late last night and we were able to get that transmitted to Scott this morning. This communication was sent to all County Departments and obviously, while there are concerns about reduction in overtime, particularly with Police, Fire, and in Public Works. They have had an opportunity to check the numbers and because of the lack of time, I did not have the chance to speak to them on critical issues about impacts to each Department, but they have qualified that the numbers that were provided were correct. Beyond that, there simply was not ample time to talk about what the impacts would be, especially Public Works continues to have some concerns particularly because the cut last year was about two hundred forty thousand dollars ($240,000) in overtime as a result of significant shift changes and negotiations with United Public Workers (UPW). So, I apologize Councilmember Yukimura. I cannot tell you that we have had time in the late last night discussions to get the impact from individual Departments. I can tell you that there are concerns. Whether they are going to be debilitating to each Department, I cannot speak to that, but the Department Heads are here if some commentary would be desired from them. Mr. Kagawa: Thank you. Chair Furfaro: Okay. I am not sure that...I am just going to ask the question. This has now gone from twenty percent (20%) reduction to five percent (5%). Are we accepting that? Mr. Barreira: Much appreciated at the five percent (5%), sir. Chair Furfaro: And we are accepting that? Mr. Barreira: Yes, sir. Chair Furfaro: Thank you. Mr. Bynum. Mr. Bynum: So, some Departments were able to respond and share their concerns and other Departments were not? DELIBERATION AND 11 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Barreira: Mostly just to qualify that the late night mathematics were correct, sir. Mr. Bynum: So, I just want to make sure I heard you clearly, Ernie. You have not had enough time to analyze this to know that true impact on all Departments and whether there might be debilitating circumstance? Is that what I heard you just say? Mr. Barreira: That would be an accurate statement. Yes, sir. Mr. Bynum: Okay. Thank you very much. Chair Furfaro: JoAnn. Ms. Yukimura: I think this is a question more for the introducer of the motion. In our discussion yesterday we were talking about discretionary overtime and overtime required by contract. The motion does not specify. So, I would like to know...because I think if it is clear that it is overtime that does not affect services, which means that is why we would have to cut services. The money would be required by contract and we could not do it without cutting services. So, can we get a clarification? Mr. Kagawa: Yes. That is why Public Works, we had that exemption for them... Ms. Yukimura: So... Mr. Kagawa: And for Police, all of their overtime is non-discretionary. Ms. Yukimura: Well... Mr. Kagawa: And for... Ms. Yukimura: Okay. So, can we say that non-discretionary for all Departments? Mr. Kagawa: Yes. Ms. Yukimura: Because otherwise...okay. Mr. Kagawa: The staff took out those that could not be touched, basically. Ms. Yukimura: Well, is Transportation non-discretionary? Mr. Kagawa: Well, we just feel like there is no, I guess, the law says that the bus needs to function on overtime. However, it is five thousand dollars ($5,000) and it is in my view, a small measly amount that can be covered with their amount that they have been lapsing every year. Ms. Yukimura: Small measly amount for... Mr. Kagawa: Five thousand dollars ($5,000). DELIBERATION AND 12 MAY 13, 2014 PRELIMINARY DECISION-MAKING Ms. Yukimura: For... Mr. Kagawa: I would say that is pretty small. Ms. Yukimura: For operations that are very, very tight may not be small, but perhaps we can ask our Executive on Transportation. Mr. Kagawa: If the Transportation Manger wants to come up, she can answer. Ms. Yukimura: Okay. Thank you. Mr. Kagawa: If it would make this... Chair Furfaro: Wait a minute. That is my decision. I am not...we are in decision-making. I am going to call up someone from the Administration. If you want to consult with the Transportation people, fine, but for every decision to be calling up Department Heads, we have a deadline. Now, have you folks been able to discuss this? Mr. Mayor, if you want to add to the...yes. BERNARD P. CARVALHO, JR., Mayor: First of all, thank you so much for reconsidering this particular discussion. We have talked with all of our Department Heads and everybody at five percent (5%) is very clear and understands that this is okay. • Ms. Yukimura: Alright. Mayor Carvalho: We are very appreciative of rethinking and looking at this. So, thank you so much. Chair Furfaro: Thank you for coming up, Mayor. Ms. Yukimura: That is all we needed to hear. Mayor Carvalho: Thank you. Ms. Yukimura: Thank you. Chair Furfaro: So, did you have additional questions for Mr. Barreira from the Budget Team? No? Mr. Rapozo: I have. I just had one (1) real quick. Chair Furfaro: Go right ahead. Mr. Rapozo: Thank you, Mr. Chair. The Police Department, you said all of the overtime is discretionary? That is not correct, right? I heard Mr. Kagawa say it. I am not sure if...I just want to make sure the number for the Police Department is, the two million one hundred thousand dollars ($2,100,000), is the discretionary overtime. Mr. Barreira: The information that is provided came directly from the Deputy Police Chief. DELIBERATION AND 13 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Rapozo: Okay. Mr. Barreira: And all of the information that was provided was verbatim and I received his permission to provide that to all of you. Mr. Rapozo: Okay. So, the non-discretionary overtime, meaning the Collective Bargaining, the Holiday Pay, the Standby Pay, and all of that overtime pay, premium pay, is not in this number? Mr. Barreira: I believe that is, but let me get a nod from the Deputy. Mr. Rapozo: That is fine. I think...because the Police overtime budget is much more than two million one hundred thousand dollars ($2,100,000), the total overtime. Chair Furfaro: Steve, would you come up? Mr. Rapozo: That is a critical number because if you are cutting into the Collective Bargaining non-discretionary overtime, then I do have a problem with that. STEVEN A. HUNT, Director of Finance: Steve Hunt, Director of Finance, for the record. I believe in the sheet that you have on the front page, there is actually a breakdown of the two million one hundred thousand dollars ($2,100,000). Of those items, you have one million one hundred sixty-five thousand dollars ($1,650,000) at regular sort of overtime that is discretionary. A portion of that is designated for the Field Training, one hundred seventy-two thousand dollars ($172,000). Special Events, that would be discretionary, fifty-five thousand dollars ($55,000). Holiday Pay would not be discretionary. That is three hundred eighty-five thousand dollars ($385,000). Standby Pay, again, through Collective Bargaining, not discretionary. Kauai Police Activities League (KPAL) fifty thousand dollars ($50,000) would be. IA Investigations, I am not sure on that one. Mr. Rapozo: So, that number is not correct? Mr. Hunt: Non-discretionary. Okay. Mr. Rapozo: That number needs to be changed. The two million one hundred thousand dollars ($2,100,000) needs to reflect the removal of the three hundred eighty five thousand dollars ($385,000) plus the one hundred fifty thousand dollars ($150,000) because that is non-discretionary. Mr. Hunt: Right, and if you were to base it on the total overtime including the non-discretionary, these figures, it shows what would be the sacrifices to hit that figure. Chair Furfaro: Okay, let us stay with the subject matter. The subject matter, and I asked that you folks are ready, and obviously you are not. The subject matter was five percent (5%) on the operational items that are non-discretionary, okay? So, if you have what Mr. Rapozo is pointing out, the three hundred eighty-five thousand dollars ($385,000) and the one hundred fifty thousand dollars ($150,000) is included in this total, the number you gave us is wrong. Okay? Let us go back and fix it. DELIBERATION AND 14 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Kagawa: Okay. Chair Furfaro: Okay? We will have you come back later today. Hold on, Steve. Question from Mr. Bynum. Mr. Bynum: I am sorry. I will try to go down this as quick as possible. The one million one hundred sixty-five thousand dollars ($1,165,000) is regular overtime, right? That is... Mr. Hunt: Correct. Mr. Bynum: That is not...so that is discretionary? Just tell me what the non-discretionary items are. Mr. Hunt: The non-discretionary ... Chair Furfaro: The non-discretionary items are the three hundred eighty-five thousand dollars ($385,000) and the one hundred fifty thousand dollars ($150,000). Mr. Hunt: And I would likely say the Field Training Officers. I mean, that is overtime that would be associated with training the new recruits. Chair Furfaro: The one hundred seventy-two thousand dollars ($172,000)? Mr. Hunt: Yes. Chair Furfaro: So, we have three (3) numbers there, Tim. Mr. Bynum: Okay. Mr. Hunt: Four (4). The one hundred seventy-two thousand eight hundred dollars ($172,800) for the... Chair Furfaro: Please go back and fix it. Mr. Hunt: I will. Chair Furfaro: Go ahead. Mr. Bynum: I just want to say that I really expected aggressive cuts to come consistent with that I heard is, there is this fat and things that the County does not need to do and these cuts now has gone from hundreds of thousands of dollars to now going to be revised again, less than one hundred dollars ($100). It is still going to take one hundred thousand dollars ($100,000). I want to hear from the Police Department if this is so, does that mean KPAL is going to get cut and Citizens Police Academy instructors and staff is going to get cut, and Underage Activity Investigations are going to get cut? These are what? We are cutting. I want to know. Are we going to cut these things because of this provision? DELIBERATION AND 15 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: First of all, let us make sure we understand. You are not cutting the fifty thousand dollars ($50,000) from KPAL. You have this on the list as a five percent (5%) of that is going to be reduced, right? Mr. Hunt: Yes. Chair Furfaro: So, clarify that for Mr. Bynum, okay? Mr. Bynum: So, five percent (5%) of regular overtime, five percent (5%) of one million one hundred thousand dollars ($1,100,000), somebody help me. How much is that? Mr. Barreira: I think if you look at the narrative that is provided by the Deputy Chief, he looked at the likely potential impacts on services should the different percentages be applied, and that is what the disclosure was that was provide to the Council this morning. So, we are going to go back and recount the numbers. It might have an impact. Mr. Bynum: I am sorry. What was this disclosure that was...this is just saying where the overtime time is distributed. It does not say where the Police Department is going to choose what activities are currently involved in that they are going to cease. That is what I want to know. Mr. Hunt: Okay. Mr. Bynum: Because of this cut. Mr. Hunt: If I can, the number that would be considered discretionary would be one million three hundred... Chair Furfaro: Steve, go back and fix it. We are not going to sit here. You go back and fix it. We left it yesterday as the discretionary amounts. What is on this does not cover that, okay? Go back and fix it. We have a lot of business to cover today. I will bring it back when we have an agreement and the answers to Mr. Bynum's questions, okay? Mr. Bynum: Do I still have the floor, Chair? Chair Furfaro: Yes, go ahead. Mr. Bynum: So, I read further in the document. They are saying that they are going to take fifty thousand dollars ($50,000) from Underage Activities Investigations. So, we are going to stop doing Underage Activities Investigations at the Police Department because of this cut. Is that correct? Mr. Hunt: You are going to have to ask the Police how they intend to manage it. The cuts are up to you in terms of controlling the purse strings. How they manage the budget is up to the Police. Mr. Bynum: Okay. I would like those answers and I would like them...I would like every Department to be able to do that analysis when we do these across the board cuts. I will not support any cuts in overtime. This is not down to less than one hundred fifty thousand dollars ($150,000) and we are going to stop doing things like DELIBERATION AND 16 MAY 13, 2014 PRELIMINARY DECISION-MAKING this and create these anomalies what Mr. Barreira just said, unknown. There may be critical problems that are going to arise. I mean, the Mayor, I understand his statement saying we are grateful it is not hundreds of thousands and now it is down to one hundred fifty thousand dollars ($150,000). So, we will accept that. That is a big picture look at it, but the small picture look is this is...to save one hundred fifty thousand dollars ($150,000) and one hundred eighty-five million dollars ($185,000,000) budget, we are creating all of these turmoil. It is not worth it anymore. I beg our colleagues, just call for the question and vote these cuts and overtime down. Mr. Kagawa: Let us do it. Mr. Bynum: They are not meaningful anymore. They are not meaningful in terms of the whole context and they are going to create problems. The Police just told us in writing that they are going to stop doing Underage Activities Investigations because of this cut. That, I just...I cannot see how that is a wise decision to save one hundred fifty thousand dollars ($150,000). Chair Furfaro: You got the instructions from the Chair. Mr. Barreira: Yes. Chair Furfaro: Go back and fix it. Mr. Hunt: Will do. Chair Furfaro: You are not ready to make this presentation. Okay, we will probably hope to see you at mid-day. Let us come back and talk about the CIP areas. If we could have Keith back up, I would appreciate it. KEITH SUGA, CIP Manager: Good morning Chair, Vice Chair, and Councilmembers. Chair Furfaro: Good morning. Mr. Suga: Keith Suga, County CIP Manager. Chair Furfaro: Yes, and actually, I am going to give Mr. Hooser the floor. Mr. Hooser, as we ended the day yesterday you had some specific questions. Mr. Hooser: I did. Chair Furfaro: About CIP. So, let us take care of that this morning. Mr. Hooser: Thank you. There was approximately one hundred two thousand dollars ($102,000) of CIP projects that were General Fund funded. So, my question to the CIP Manager was what Bond Fund projects could we identify to transfer that one hundred two thousand dollars ($102,000) out of the Bond Fund into the General Fund and therefore put that General Fund money back into our reserve? So, that was my question and whether it was one (1) project or whether it was multiple projects. We spoke earlier. Do you want to restate your position? • DELIBERATION AND 17 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Suga: Sure. First of all, I do want to say I do appreciate Councilmember Hooser's creativity because that...I similarly did an exercise for the March submittal. So, as you requested yesterday, I went back and I looked through the Bond funded projects that we currently have, and what I found was a lot of the projects that we have Bond funded are projects that are in motion in terms of either they are in the design phase, or the design is completed, and we are at the construction phase. A lot of the projects that we have proposed for the Fiscal Year 2015 budget, majority of them are the lighting projects at the park facilities for which the designs are complete. So, we are proposing to move those moneys towards construction. So, as I scanned through all of the Bond funded projects, I see a lot of projects that are committed and in motion as well as the new projects that are being proposed for construction. We discussed several projects, Councilmember Hooser and I, such as Aliomanu Road that budgeted for about just under three million dollars ($3,000,000), and that is a project that we are currently awaiting agreements with Department of Hawaiian Homelands to be finalized so that we can advertise and go out for construction for that project, as well as the Moana Kai project which is about one million five hundred thousand dollars ($1,500,000) worth of construction funds that we are waiting U.S. Army Corps of Engineers' approval to move forward with that project for construction. So, what I would fear is if funding was removed from some of these Bond funded projects, that at the time of construction advertisement or design advertisement, that we would not have sufficient funds to award. So, at this time, I was not able to identify Bond funded projects that could supplant the one hundred two thousand dollars ($102,000). Mr. Hooser: Questions? Chair Furfaro: You have the floor. Mr. Hooser: Okay. Thank you. So, what is the total amount of Bond funded projects nonetheless, round numbers? Mr. Suga: About twenty-three million dollars ($23,000,000). Mr. Hooser: About twenty-three million dollars ($23,000,000). So, how long has the `Aliomanu project been on the books? Mr. Suga: I am not sure. It was on the books prior to me coming. Mr. Hooser: For years? Mr. Suga: Yes. Mr. Hooser: For years, I think. As we forecast looking at next year, we are sitting here next year doing the budgets if we are still around, what percentage of these projects will be complete? Mr. Suga: That is a fair question. A couple years ago, our percentage of expenditure and encumbrance of CIP funds was about twenty-three percent (23%). This year, we reported through April it was about forty percent (40%). So, I am encouraged that we will...I am confident that we will continue to make improvements with that percentage. With the capacity in the Department of Public Works Engineering Division under the leadership of Michael Moule, I am even more excited at the efforts that are going to be happening there. Just as an example, we are currently, or I just recently DELIBERATION AND 18 MAY 13, 2014 PRELIMINARY DECISION-MAKING saw Puhi Road plans that were close to being one hundred percent (100%) complete, which would allow us to submit that to Hawai`i Department of Transportation (HDOT) to be able to have Federal Highways obligate their Federal moneys for us so we can go out to advertise for that project. Similarly, Engineering has been working on the various collector roads design work in-house. I just saw ninety percent (90%) plans for those as well. So, I see the change in the Engineering Division and I am excited about the possibilities that are ahead for this upcoming year. Mr. Hooser: I think the reality though is, I appreciate your optimism. I think the reality of it is a year from now there will be a significant amount of money that has been unencumbered or unspent. I mean, I think if you look at history every year it is like that. Every year these projects move forward and we do the best we can, but every year there is money unspent. So, that is my frustration. I would think that we could fine one hundred thousand dollars ($100,000) that will not keep any of these projects from moving forward. The Aliomanu project is just under three million dollars ($3,000,000) and it has been on the books for a long, long time. If one hundred thousand dollars ($100,000) was taken off of those Bond Funds and it goes out to bid and so we do not know what the bids would be. So, we do not know if we need that three million dollars ($3,000,000) or not, right, because we will not know until the bids come in? Mr. Suga: Based on our latest estimates from the consultants, they have indicated that is the projected estimate that we would need. Now, again, until the bids come in, we will not know for sure. Mr. Hooser: When will the bids come in? Mr. Suga: As soon as we resolve some items with Department of Hawaiian Homelands, we will be able to go out and advertise the project. Mr. Hooser: How long have we been negotiating with Department of Hawaiian Homelands? Mr. Suga: I do not have a date for you right now. Mr. Hooser: Okay. So, what would be the worst case situation if we transferred one hundred thousand dollars ($100,000) off of the Aliomanu project and then went out to bid and the bids came in above what moneys is there? Mr. Suga: We would not be able to aware the construction contract and we would either have to potentially modify the scope, reduce scope, or we would have to come forward with a Money Bill. Mr. Hooser: So, you would have to value engineer it, reengineer it, or come back and ask the Council for one hundred thousand dollars ($100,000)? Mr. Suga: Possibly, yes. Mr. Hooser: Okay. So, it would not stop the project though? LYLE TABATA, Deputy County Engineer: Chair, Lyle Tabata, Deputy County Engineer, if I may. DELIBERATION AND 19 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro Okay. You may, but keep it very short because I am not going to parade Department Heads up here. We had three (3) weeks of it. Mr. Tabata: I understand. This project is on the verge of being launched. Our County Attorneys are working on a right-of-way agreement. Instead of doing an easement, which we originally planned with Department of Hawaiian Homelands, they suggested we go the route of a right-of-way. As soon as we get that, we are going to launch this project. Mr. Hooser: Okay. Mr. Tabata: So, it is eminent at this point in time. We feel that if we touch this project in particular, we risk quite a bit. As you mentioned, it has been a long time. This is before I came aboard. Mr. Hooser: Okay. So, just one (1) final question, Chair, and then I am done. Chair Furfaro: You still have the floor. Mr. Hooser: So, what would be your preference? I mean, we had the discussion earlier, you were in the audience, and we are talking about doing across the board cuts, and we would much prefer to have the Administration suggest where these funds be taken from. So, do you have any suggestions? Mr. Tabata: I do not at this time because I went back to work on overtime with Ernie, that was my charge last night. Mr. Hooser: Okay. Mr. Tabata: I honestly cannot say right now. I have to really sit down and go through it. I would not want to jeopardize other projects. As Keith mentioned, we are really making strides right now and I feel it would better than forty percent (40%) that we are going to encumber. So, I mean, we have been climbing this hill. That is all I want to say, and we are on the verge that great things are going to start happening. So, I cannot, unless I really sit down and go through with a fine tooth comb. Mr. Hooser: I understand and I appreciate the time you are putting in with the overtime issues and everything else. Mr. Tabata: Thank you. Mr. Hooser: So, thank you. Thank you, Chair. Chair Furfaro: Okay. Any further discussion, and I think just for the general thought of this, I want people to understand that funding for the General Fund as Mr. looser is trying to pursue the question, there is one hundred two thousand dollars ($102,000) that he is trying to see if these pieces could be done within the Bond Fund so that the one hundred five thousand dollars ($105,000) or the one hundred two thousand dollars ($102,000) becomes available for this budget series if you are not following the discipline there. Do you have anything to add, Keith? Okay. Mr. Rapozo? No? No? Mr. Hooser, thank you for your questions. DELIBERATION AND 20 MAY 13, 2014 PRELIMINARY DECISION-MAKING There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Now what I am going to do is I am going to take a ten (10) minutes recess now, okay? I want you folks to have an opportunity to talk about your ten (10) minutes as it related to the revenue cycle. So, if you can have your thoughts together. So, we are going to take a ten (10) minute recess now and come back and talk about revenues. There being no objections, the Committee recessed at 10:12 a.m. There being no objections, the Committee reconvened at 10:28 a.m., and proceeded as follows: Chair Furfaro: Ernie, may I have you up for a moment? There being no objections, the rules were suspended. Chair Furfaro: How long before we can revisit the subject? Mr. Barreira: I would say, Chair, within the hour. Chair Furfaro: Okay, within an hour. Mr. Barreira: Yes, sir. Chair Furfaro: So, we will come back to that and then I will go into the revenue cycle now then. With the revenue cycle, I am going to let each Councilmember have time for ten (10) minutes for them to have a presentation. Mr. Barreira: Very good, sir. Thank you. Chair Furfaro: Yes? Mr. Bynum: As I said when we started this process, I do not want to put forward any revenue proposals until we finish the cuts and additions so we know what the target is. To do it short of that... Chair Furfaro: Okay. Do you have some more cuts? Mr. Bynum: I am sorry. Chair Furfaro: Do you have some more cuts? Mr. Bynum: I do not think we are done with cuts and additions. Chair Furfaro: Members? Mr. Bynum: I did not even do any additions, right? Chair Furfaro: No, we did not do that. Any more cuts? Mr. Kagawa: We have two (2). DELIBERATION AND 21 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: But they are both not ready. Mr. Kagawa: Both not ready. Mr. Rapozo: I am done. Chair Furfaro: JoAnn. Ms. Yukimura: Shall I make a proposal about freeing up some General Fund money? Chair Furfaro: Is that what you want to do? Ms. Yukimura: Yes, which is like a cut. Chair Furfaro: And how that is like a cut? Ms. Yukimura: Yes. Chair Furfaro: Okay, well let us hear from you then. Ms.Yukimura: Okay. Well, I mean we are still...I do not have a paper to circulate, but I want to propose that one hundred thousand dollars ($100,000) or less of repair & maintenance projects in Parks be placed under the 209 Fund which has two hundred eighty-four thousand dollars ($284,000) in it unspecified. Chair Furfaro: That was my question earlier. Parks does not have and has not made a proposal to us on what they are spending the two hundred eighty-four thousand dollars ($284,000). That is what I opened this morning with. So, why would we add and not know what the proposal of what the two hundred eighty-four thousand dollars ($284,000) is for? Ms. Yukimura: Sorry. Chair Furfaro: I said, we do not know what the two hundred eighty-four thousand dollars ($284,000) is going to be used for, so why would we add money to an account we do not know what is already earmarked for? Ms.Yukimura: No, we are not adding money. We are cutting from the General Fund moneys that... Chair Furfaro: You want to take out one hundred thousand dollars ($100,000)? Ms. Yukimura: Take out one hundred thousand dollars ($100,000) from the Parks moneys that are...and use the two hundred ninety thousand dollars ($290,000)...is that it? 209 Fund, to fund those repair & maintenance items in the Parks budget. Chair Furfaro: Okay. Can I have both Ernie and Steve up? DELIBERATION AND 22 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Rapozo: Mr. Chair, the 209 Fund, is that the Spouting Horn? Chair Furfaro: That is the vendors... Ms. Yukimura: Yes. Chair Furfaro: ...money that earlier this morning I spoke about that that account has two hundred eighty-four thousand dollars ($284,000) in it. Ms. Yukimura: And here is the Ordinance that governs that fund. Chair Furfaro: I understand how it works so I do not need a copy. Mr. Rapozo: It was my amendment that put the money in the fund. Chair Furfaro: I think so, yes. Mr. Rapozo: But they could not use it for anything else. I am very familiar with it. Chair Furfaro: Okay. Ms. Yukimura: But it does say, "The Council shall appropriate any fees paid in." That is our job. Chair Furfaro: Okay, hold on. Steve, you both understand the two hundred eighty-four thousand dollars ($284,000) that is in the 209 account is what we are talking about? There being no objections, the rules were suspended. Mr. Hunt: Yes. Chair Furfaro: And the Council has the power to make adjustments to that account, probably not necessarily in this format. I am not sure. I would have to revisit the Ordinance, but do you have any commentary about any conditions already committed to on that two hundred eighty-four thousand dollars ($284,000)? Mr. Hunt: The current budget before you on page 268 of the budget proposal actually identifies where the 209 Funds are being budgeted for, repair & maintenance and contingency for facilities. Those are spelled out. What is not spelled out is what those funds are going to be used for. Chair Furfaro: Yes, that is what I am saying. We were supposed to get a report on a pretty regular basis, but we have not gotten a report. We do understand it is for R&M as it relates to Parks. Mr. Hunt: And I believe when Director Lenny Rapozo was up here speaking about the funds from the 209 Fund, that a portion of that, in fact a large DELIBERATION AND 23 MAY 13, 2014 PRELIMINARY DECISION-MAKING four hundred thousand dollars ($400,000), I believe, which included some of the fund balance was going to be used on renovations for the facilities at Spouting Horn itself. He said it was time that we put money back into the bathrooms and renovate the Spouting Horn area which is the economic driver that provides funding for that. Chair Furfaro: Okay. Mr. Hunt: How much of the operating will go in versus how much fund balance will go in, I cannot speak to that. I think I would prefer that the Parks Director speak to that. Chair Furfaro: Okay. Well, what we are here to do is we are here to hear from a Councilmember on what her desires are for that money. So, just so we are all on the same page and where we are at on that money, I am going to give the floor to JoAnn. JoAnn. Ms. Yukimura: So, the Council is owed a detailed plan for how these moneys are going to be used. That is part of the budget process and we have not gotten that and to put most of those moneys back into Spouting Horn does not make sense to me. I mean, those moneys are really to be used for Parks and Recreation's at-large. That is the intention of the law. The law says that they shall be used for repair, maintenance, and improvement projects. So, to me, that is CIP, for Parks and Recreation facilities. They shall not be used for salaries and other personnel expenses, but it does say, "The Council shall appropriate any fees." So, what I would like to propose is that one hundred thousand dollars ($100,000), unless we see what the plans are and approve those plans for expenditure, we take one hundred thousand dollars ($100,000) out of this fund, give the Administration the discretion to use that moneys, and replace the General Fund moneys that are being used for the Parks Department in repair & maintenance. I have identified about two hundred thousand dollars ($200,000) of my own, and I can propose those. R&M buildings on page 200, repair & maintenance supplies like sprinkler systems one hundred fifty-five thousand dollars ($155,000). Let us see...R&M building again on page 210, R&M equipment twenty-four thousand dollars ($24,000), sixteen thousand dollars ($16,000), and then make General Fund moneys available either for the reserve or for the additions that we have. Chair Furfaro: Do you have any comments? Mr. Hunt: Yes. Chair Furfaro: If not, I want to dismiss you. Mr. Hunt: Okay. I do see Director Rapozo if they...he has some specificity as to the use of the 209 Fund that is in the current Operating Budget. That would be my only concern, that we have not consulted with the Director for Parks & Recreation, but in terms of the appropriation just basically moving. Currently, items that are general funded within Parks that are R&M in nature into this account to identify how this two hundred eighty-four thousand dollars ($284,000) will be used, that seems...it is not any kind of supplanting that would be an inappropriate use of the funds. So, I do not see a problem with that. Mr. Barreira: Chair? Chair Furfaro: Yes. DELIBERATION AND 24 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Barreira: May I make a comment, sir? The only thing that we would vet, and you are looking at one hundred thousand dollars ($100,000) which is a conservative amount, which is good. One of the things...historically the fund has been used for, as you are all well aware, is unexpected repair & maintenance requirements that may come up during the course of the year and we understand now that the law mandates that we come to the Council even if those situations arise, to expend any money. So, we would like to hopefully keep some resources available in that fund to continue to be able to tend those unexpected repair and maintenance items. Ms. Yukimura: I am not planning to touch the contingency which you already have in the fund. Chair Furfaro: Excuse me. Mr. Kagawa has a question. Mr. Kagawa: Thank you, Chair. Just process question. I thought this decision-making is about plus/minuses (+/-) that will affect either...add to our surplus or reduce our surplus. It seems like something that could perhaps be done at a Council Meeting or a Committee Meeting where... Ms. Yukimura: This will add to our surplus. Mr. Kagawa: This is just a wash in my view. We are taking from one account and putting it in another account. We are not adding or subtracting to our overall surplus of deficit. Ms. Yukimura: We are because by freeing up the General Fund moneys it is like cutting them. Chair Furfaro: You need to... Ms. Yukimura: Cutting them out of the budget. Chair Furfaro: You need to put this in a proposal to us. Ms. Yukimura: Yes. Chair Furfaro: You want to take one hundred thousand dollars ($100,000) out of that account. You have to earmark where it is going, which will then loosen up the money. Ms. Yukimura: Okay. Chair Furfaro: You need to put that in proposal. Ms. Yukimura: Alright. Thank you. We will get that. Chair Furfaro: That is on that item where we need to be. Mr. Rapozo. Mr. Rapozo: I appreciate that. I was just going to say, Mr. Chair, proposals should be done in writing. Chair Furfaro: Yes. DELIBERATION AND 25 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Rapozo: I need to not (inaudible). I think it has to be here so we can...and just like your proposal yesterday for the forty thousand dollars ($40,000), the one... Chair Furfaro: Yes, yes. The forty thousand dollars ($40,000) on the duplication. Mr. Rapozo: In my opinion is not fair to do that cut and the addition in one (1) motion, and I would expect all of us to follow that same rule. Chair Furfaro: Yes. So, we did my reduction, we will leave it at that, and JoAnn, if you would like to make this as a proposal go right ahead. Put it in writing for us. Ms. Yukimura: Okay. Thank you. I did say yesterday that I had a proposal to increase revenues as well. Chair Furfaro: Okay. Let us make sure we understand that pace here. Are we finished with cuts? Mr. Kagawa: For now. Ms. Yukimura: Except for the pending. Chair Furfaro: The two (2) pending items. Ms. Yukimura: Two (2) are with Ross. Chair Furfaro: Are there anymore reductions proposals? None? Okay. Now, is there anymore dialogue on CIP? None? Then I said before the break when we come back we are going to be addressing revenues. I said I was going to give everybody ten (10) minutes if they have something. Yes, Mr. Bynum. Mr. Bynum: Sorry. I do not mean to belabor it, but if we still have additions and we vote for them, then it changes the revenue target. So, I will just repeat my request from the beginning that after we know what the target is and we are done with both take away and additions, we take a break so we know what the target is and then make it then. Chair Furfaro: Okay. This is my beginning statement for you folks. When nobody would let us take the straw vote on the revenues it is kind of that kind of proposal as that revenue is a moving target that is in the budget, but you want to go to additions, and we do not know what we are going to actually have for revenues, that is good. I have no problem doing that discussion now. I would prefer that we are doing and know what pot we have before we do any additions, but if you want to do the additions first, I am okay with that. JoAnn. Ms. Yukimura: I think it could be useful to have a discussion on the revenues without making firm decisions because it gives us an indication of how tight or how much leeway we have. I do not know what my other colleagues think. I can go either way. DELIBERATION AND 26 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: Okay. To the Clerk, I want to work on Provisos now. We are going to do revenues after lunch, okay? Let us work on Provisos for the budget. We have some. These are housekeeping items. Do we have those Provisos to introduce? Looking to the staff, do we have Provisos? Mr. Kagawa: I have one (1). Chair Furfaro: You are introducing a Proviso? Mr. Chock: Housekeeping. Chair Furfaro: Housekeeping. Mr. Chock: Chair, we have on the Operating Budget Provisos housekeeping amendments. Chair, if we could circulate those and have a motion for that. Mr. Chock moved to approve Housekeeping Amendments to Operating Provisos, seconded by Mr. Kagawa. Mr. Chock: Thank you. Chair Furfaro: Okay. You can have the floor to talk about these Provisos that... Mr. Chock: Thank you, Chair. They are pretty self-explanatory. You are looking at just sentence structure and some grammar changes. If you go through it, they are highlighted in your packet. Chair Furfaro: They are highlighted in yellow? Mr. Chock: That is correct. Nothing of substance in terms of the content. Mr. Bynum: Housekeeping. Mr. Chock: Any questions? Mr. Rapozo: Yes, I have a question, Mr. Chair. Chair Furfaro: Go right ahead. Mr. Rapozo: I just...I mean, am I missing something? The Kauai and the Hawai`i? We are taking out Hawaii and adding Hawai`i, we are taking out Kauai and adding Kaua`i? Mr. Chock: Where is that? What page is that? Mr. Rapozo: Section 15. I mean, is there like a trick question? You are testing us? Mr. Chock: That is the new Kaua`i. DELIBERATION AND 27 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Rapozo: Oh, I see. Is there an explanation for that? I am just curious. Chair Furfaro: Excuse me, you are going to have to go on the microphone if you are going to get an explanation from the staff. Mr. Chock: So,.just clarification. It is to stay the same just on those two (2), correct. Mr. Bynum: Good catch. Chair Furfaro: That is under Section 15. Mr. Chock: Section 15. Chair Furfaro: Stay the same. Okay. Mr. Rapozo: I know I am tired, but... Mr. Chock: You are seeing double. Mr. Rapozo: Yes, okay, and it happens again. I mean, it is like it is all. All of the Kauai. So, maybe we have to housekeep the housekeeping. Chair Furfaro: Okay. Mr. Rapozo: It really has no effect. It just... Mr. Bynum: If it is good, we can pass it... Chair Furfaro: Excuse me let me ask, are there any more Provisos? Mr. Kagawa: Yes. Chair Furfaro: There are? Okay, I am not going to act on this until after lunch. Everybody gets a chance to work through it. Mr. Kagawa. Mr. Kagawa: Yes, I have a Proviso amending the way we, well, currently we do not post any signage when we have large construction contracts and my Proviso is going to say that for every contract over two hundred fifty thousand dollars ($250,000) that they will have to put up a sign similar to what the State puts up as to who is the contractor, what is the cost, what work is being done, and this is recommended by former Councilmember Bob Yotsuda. He said that they had a recent project, Department of Water project that lasted long. It impacted the community terribly with dust and noise. He said it looked like the County was not even really inspecting that project and he said calls were made by himself to Public Works and they did not know who the contractor was. I think he just said that if the taxpayers are paying for the bill, then we should know who is working on the contract, what is being done, who can we call if we are inconvenienced, and in the response we got from Public Works, it will cost six hundred dollars ($600) to put up a sign to put up a sign. My feeling is that if the taxpayers are the one footing the bill then they should know without having to search and be frustrated with knowing who is doing the work and who can they call if they feel like they are being inconvenienced. I think it DELIBERATION AND 28 MAY 13, 2014 PRELIMINARY DECISION-MAKING just brings accountability to our contracts that we contract out. So, I do not know if members feel comfortable about that amendment, but I think it is a reasonable request. Those of you who lived in Wailua Houselots, I think, know about that project. Ms. Yukimura: Is that being passed out? Chair Furfaro: Is that being passed out or is it being worked on? Mr. Kagawa: Do you folks have it? I know I saw a draft earlier. Mr. Chock: Chair, if I can make a clarification too. I think what occurred in the process here for the Kauai and Hawai`i's were just automatic correct happened on the revision. So, it is in reference to the okinas that were added and it is in two (2) Sections, Section 24 and Section 15 as noted by Councilmember Rapozo. Chair Furfaro: So, will you say that one (1) more time please, very clear to everybody so we know? Mr. Chock: Very good. Chair Furfaro: There was some talking going on at the time. Go ahead. Mr. Chock: So, the housekeeping measure here would be for adding okina to Kauai and Hawaii. In the process of the change, automatic correction changed all of them so they are all showing up as correct at this moment. So, those are the two (2) Sections, Section 24 and Seton 15, in question. Mr. Rapozo: So, there is no change. It is just because the automatic correction, when you put in the new language? Mr. Chock: It corrected the old one as well. Thank you. Mr. Rapozo: Okay. Chair Furfaro: Great observation. Mr. Kagawa, you still have the floor. Your piece has been passed out. Mr. Kagawa moved to add a new proviso to the CIP Budget proviso to read: For all Capital Improvement Projects that utilize $250,000 or more of County funds, construction signage indicating the name of the project, estimated cost of the project, project description, estimated start and completion date, name of contractor, and contractor contact information shall be posted for public information purposes, seconded by Ms. Yukimura. Chair Furfaro: We have a second and now discussion, please. Mr. Kagawa: And if I can just clarify again, with a personal request that we made to Public Works, they said the cost would be approximately six hundred dollars ($600) per sign. DELIBERATION AND 29 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Bynum: I just want to know, is there any provisions about what type of signage we are talking about, like you mentioned the State? I know generally those signs are up there for political reasons. It is like, look what your Governor did for you, right? I like your idea though for the reason. So, I would hope that sign would be this big on the construction site so people could get that, but not the big highway sign that stays up often way too long. So, I think it is a really good idea that would make people informed and I support it. I just would...I would have difficulty supporting it if it is going to be these big signs like the State does. Mr. Kagawa: I would say, if I can, Mr. Chair, respond? Chair Furfaro: Yes, you have the floor. Mr. Kagawa: I would say that if we pass the Proviso we could work with Public Works and make sure that they are going to do it appropriately and like you said, not use it as it is for political reasons or what have you, that is just goes up at the construction site and it comes down when then construction is completed. Mr. Bynum: Right. Thank you. Mr. Kagawa: Thank you. Mr. Hooser: Another question. Chair Furfaro: So, yes. Let me just say, so, this is basically what we have right now which indicates the name of the project, the estimated cost of the project, the project description, the estimated start date, the estimated completion date, the name of the contractor, and the contractor's contact information shall be posted on this public sign. That is what it reads, and the refinements will come later, I think, is what you are saying? Mr. Hooser, you have the floor. Mr. Hooser: Yes, just a clarification. Who pays for the sign? The contractor of the County? Mr. Kagawa: I would hope the contractor, but I assume the County. Mr. Hooser: So, I think you can make this a part of the contract, right? Chair Furfaro: Yes, I would think part of the contract issue awarded would require them to put this sign up at their cost. Mr. Kagawa: I stand corrected. I believe the contractor. Mr. Hooser: Okay. Thank you. Chair Furfaro: Okay. Further discussions? I think as Mr. Kagawa said, it can be further refined in other words here, but the cost is by the winning contractor. Mr. Bynum. Mr. Bynum: I will just take a minute for one (1) question. This is all public record I assume. Is there an easy way for citizens to access this DELIBERATION AND 30 MAY 13, 2014 PRELIMINARY DECISION-MAKING information on the web and is that something we could move towards, but do not answer that question now. This is all public information I assume. There is no legal restriction to this? Chair Furfaro: No, it should be. There is no legal restriction. Mr. Bynum: Okay. Thank you. Chair Furfaro: So, any further discussion on this first Proviso, or this is the second Proviso? I am sorry. Mr. Rapozo: Call for the question. Chair Furfaro: Okay. We have a motion and a second. Do we have that second, Jade? Ms. Yukimura: Yes. Chair Furfaro: Yes, we do. Okay. Roll call vote, please. The motion to add a new proviso to the CIP Budget proviso to read: For all Capital Improvement Projects that utilize $250,000 or more of County funds, construction signage indicating the name of the project, estimated cost of the project, project description, estimated start and completion date, name of contractor, and contractor contact information shall be posted for public information purposes was the put, and carried by the following vote: FOR ADDITION: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 7, AGAINST ADDITION: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. JADE K. FOUNTAIN-TANIGAWA, Deputy County Clerk: Seven (7) ayes. Chair Furfaro: 7:0. Can we go back to the original Proviso that was put in there? Is there additional work that needs to be done there now that we understand what happened with the electronic? It is pau? It is pau, right? So, I will give you the floor and then I will ask for a motion and a second. Mr. Chock: I think we might have a motion and a second already. Chair Furfaro: Oh, do we already have a motion and a second? Okay. Thank you. Anything more you want to say? If not, roll call vote, on Mr. Chock's Operating Budget statement. The motion to approve Housekeeping Amendments to the Operating Budget Provisos was then put, and carried by the following vote: FOR AMENDMENT: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 7, DELIBERATION AND 31 MAY 13, 2014 PRELIMINARY DECISION-MAKING AGAINST AMENDMENT: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. Ms. Fountain-Tanigawa: Seven (7) ayes. Chair Furfaro: I was reading something. I am sorry. Ms. Fountain-Tanigawa: Seven (7) ayes. We have one (1) more. Mr. Chock: Chair, I have one (1) more CIP Proviso amendment. Chair Furfaro: I am going to recognize Vice Chair Chock. We have one (1) more CIP amendment. Mr. Chock: Yes. Circulated is just another housekeeping, just some small changes again, but this would be to the CIP Budget Provisos. So, if we could have a motion to receive those...I mean, accept those. Mr. Bynum moved to approve the Housekeeping Amendments to the CIP Budget Provisos, Section 3-12, seconded by Mr. Rapozo. Mr. Chock: Thank you. Chair Furfaro: Discussion? Mr. Chock: Seeing none. Chair Furfaro: Okay, do a roll call vote on this Proviso. The motion to approve Housekeeping Amendments to the CIP Budget Provisos, Section 3-12 was then put, and carried by the following vote: FOR AMENDMENT: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 7, AGAINST AMENDMENT: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL—0. Ms. Fountain-Tanigawa: Seven (7) ayes. Chair Furfaro: Seven (7) ayes. So, we are taking of there. Is any more housekeeping items? Okay. If not, the question now is we are at...Ashley, are we at negative two million nine hundred forty-three thousand dollars (-$2,943,000)? Did she hear me? I cannot see it. This is the worst place to be. Negative three million two hundred twenty-four thousand dollars (-$3,224,000) at this point. Now, if I am understanding, people want to have a discussion about additions when our checkbook is negative. So, we can start...oh, you have another Proviso? Ms. Yukimura: Inaudible. DELIBERATION AND 32 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: Oh, we are ready for the cuts? I am ready to take it. We are not ready? We are not ready on the other two (2) cuts yet? Discussion about additions at this point? Mr. Hooser. Mr. Hooser: Yes. I have a small addition under Economic Development. It will be passed it. It is for agriculture and I had tried to propose some cuts, and the cut I had to match this specific one unfortunately did not make it through. However, let the record reflect of my enthusiasm to support other people's cuts. Hopefully, it warrants the twenty-three thousand dollars ($23,000) addition. This is for agriculture. It is being passed out. The Hawai`i Farmers Union United is proposing to train forty (40) farmers in Korean style farming, which well, takes into consideration the condition of the land and the soil. I think as I go around the community talking to different people in agriculture the repeated theme is that there are not enough farmers. We need to train farmers, we need to engage more people, and we...relatively speaking, we support agriculture very modestly. So, I would hope that I could have support for this addition. Mr. Hooser moved to add funding to the Office of Economic Development in the amount of twenty-three thousand nine hundred twenty-five dollars ($23,925) for "Agriculture —Agriculture Grants," seconded by Ms. Yukimura. Mr. Hooser: Thank you. Chair Furfaro: Okay. There is a motion and a second. Discussion? Mr. Hooser has given us an overview. JoAnn, if you want to post your questions to Mr. Hooser, that is fine. Ms. Yukimura: Oh, it is not a question. I am in strong support of this. The proposal that I have seen is very exciting in that it is not just training...I mean it is training farmers in a method of enriching the soil that has been extremely productive. It comes out of Korea, but the proposal is to use local inputs or things that are here and find out how to enrich the soil. In talking to a lot of the farmers...Kaua`i's soils sometimes needs replenishment and to do it without importing expensive oil based fertilizers, but instead using things from here would be a very important way to help our farmers survive and thrive. So, I think it is well worth the moneys that we would be putting here. Chair Furfaro: Question, Mr. Chock. Mr. Chock: Thank you. So, what I heard was forty (40)? It will fund forty (40) farmers, is that right? Mr. Hooser: The proposal is for forty (40). Mr. Chock: For forty (40). So, that is about six hundred dollars ($600) per person for the course, at least is that what our contribution is or is it matched? Mr. Hooser: There is an application fee. Mr. Chock: Okay. Mr. Hooser: That they would pay a portion of. I think both of them is a modest fee. DELIBERATION AND 33 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Chock: I see. Yes, I am familiar with the methods and it is a good program. So, I appreciate it. Thank you. Chair Furfaro: Okay. Ms. Yukimura: May I say something too? Chair Furfaro: I will give it to Mr. Bynum next. Ms. Yukimura: Okay. Mr. Bynum: Just real briefly. I am in support of this. The Hawai`i Farmers Union is doing a lot of interesting work about sustainability and different options for farming. This is consistent with our goals that we have set in CEDS and our Mayor's Holo Holo goals. So, thank you. Chair Furfaro: JoAnn. Ms. Yukimura: Yes. As I understand it, they are going to be doing some soil tests to actually see the evidence in terms of the improvement in soil quality. So, that is going to be a part of the cost. It is not just the training, but also a testing and a validation. I just want to say that this kind of information and expertise would be very important in successful farming. Our efforts to build agriculture are really important and the article in today's paper made that very clear. So, trained farmers who are committed to farming on this island are part of the essential elements for food production. Mr. Chock: I just have a follow-up question. Chair Furfaro: Go right ahead. Mr. Chock: I am sorry. I do not have the application or anything about it, but so my question is, does the application process ensure that it goes to Kaua`i residents or it is open? Who can apply it the tuition? Ms. Yukimura: I think it is open to all farmers, but it is designed for Kaua`i and I heard that it is not just for growing food, but actually related to livestock production as well. Mr. Chock: Understood. Ms. Yukimura: Because livestock production has some of the inputs into soil replenishment, but I have a copy here. Mr. Chock: Thank you. Thank you, Chair. Chair Furfaro: Mr. Rapozo. Mr. Rapozo: Thank you, Mr. Chair. Is this an earmarked grant for that? I mean, your text just says adding twenty-three thousand nine hundred twenty-five dollars ($23,925) for Agricultural Grants. I do not know if Economic Development is committed to... DELIBERATION AND 34 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Hooser: The... Mr. Rapozo: For that specific agency organization or is it just adding money to the grant fund so that others can apply for Agricultural Grants? Mr. Hooser: The...do you want me to respond? Mr. Rapozo: Please. Chair Furfaro: Yes, go ahead. Mr. Hooser: The intent is to have the funding go to this specific proposal, which was submitted to the Office of Economic Development, which we could circulate. I have copies of it. Yes, so that is the intent. Just like whether it is the bees or whether it is... Mr. Rapozo; Yes, just that the text does not reflect that. Mr. Hooser: Okay. Mr. Rapozo: In your proposal. So, I just wanted to... Mr. Hooser: So, if the text needs to be amended, we could amend the text. Mr. Rapozo: No, as long as there is an understanding with Economic Development. Mr. Hooser: Okay. Thank you. Chair Furfaro: Question? Go ahead. Directed at Mr. Hooser? Mr. Kagawa: No, I just...I am in support, but I just need to know that Economic Development is in support as well. I mean, if we are going to put the moneys in and there may be problems with them going forward with the grant, then I am not going to support it. So, if George, if you can... Chair Furfaro: George. There being no objections, the rules were suspended. GEORGE K. COSTA, Director of Economic Development: Aloha Chair Furfaro and honorable Councilmembers. For the record, George Costa, Director for the Office of Economic Development. This grant, I was approached by Ray Maki of the Hawai`i Farmers Union United and as Councilmember Hooser stated, this is a Korean natural farming method. This was presented to me last week and one of the things that I had mentioned because of the timing, the Administration has already submitted its grant proposal. In fact, this along with the Arts & Culture, and there was another one from the Food Bank were all submitted last Friday. So, basically, I just listened to Ray on the proposal, but I am not about to make any commitment from the Office of Economic Development until deliberations are made. Ms. Yukimura: Question. DELIBERATION AND 35 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: Questions? JoAnn and then Tim. Ms. Yukimura: So, George, if there are five (5) or more votes who put it in the budget, will you do your best to implement it? Mr. Costa: If that is the desire. I know I would refer to my boss, the Mayor. Again, I am not familiar with this program, but obviously if it comes into the Office of Economic Development, we would have to work with the organization and manage the grant. I know in the write up it says forty (40) farmers, but it is not specific to if it is...I am pretty sure it is open to anyone as far as my understanding. Chair Furfaro: Tim. Mr. Bynum: Without knowing the details of this specific proposal, I am really familiar with this. Farmers Union work all over the County and all over the world. This is about education, right, about learning? So, you want some people to come from elsewhere if you have things to teach them and like out people, go elsewhere to learn things. Agriculture is in a big transition. We have made a commitment as a County to look for food sustainability as a...anyway. So, I am in supporting of this and I am just appreciative of it. To me, totally consistent the Holo Holo and we have earmarked specific grants many times before. So, your willingness to facilitate, that is appreciated. Thank you. Mr. Costa; If I can add. One (1) of the items that was mentioned as part of this grant is the soils testing, and we briefly covered that. I think soils testing is good. I am just not sure what laboratory the samples are going to and chain of custody and all of that. So, we did not have time to review that, but I guess that would be a part of the grant. Mr. Bynum: That would be part of it, yes. Thank you. Chair Furfaro: JoAnn. Ms. Yukimura: So, George, I mean, I think we understand that you would do your review, which you are required to do. As Economic Development Director it is sort of your due diligence, but if the project is found to be aligned with the County's goals of self-sustainability and our goals for agriculture, you would give it your favorable consideration I would guess? If it meets those criteria. Mr. Costa: Right. The Office of Economic Development would do our best. Ms. Yukimura: Yes. Thank you. Chair Furfaro: Thank you, George. There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Mr. Hooser. Mr. Hooser: Yes. I have slightly amended the proposal. DELIBERATION AND 36 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Hooser withdrew his motion to add funding to the Office of Economic Development in the amount of twenty-three thousand nine hundred twenty-five dollars ($23,925) for "Agriculture — Agriculture Grants." Ms. Yukimura withdrew her second. Mr. Hooser moved to add funding to the Office of Economic Development in the amount of twenty-three thousand nine hundred twenty-five dollars ($23,925) for "Agriculture — Korean Natural Farming/IMO Farmer Training and Soil Study," seconded by Ms. Yukimura. Mr. Hooser: The only amendment is it specifics the title/IMO Farmer Training and Soil Study of the grant, which is Korean Natural Farming. Just the amount of money is the same. This is the only add that I will be requesting as an individual Councilmember. Chair Furfaro: Okay. Mr. Hooser: It is the only add that I will be suggesting, and as the Chair of the Agricultural Sustainability Committee, I think it is a very modest request that will yield potential great benefits to agriculture and sustainability. So, thank you. Chair Furfaro: We had a second from JoAnn on the amendment. Am I right? Just a voice vote before we go any further. Mr. Rapozo, go ahead. Mr. Rapozo: I actually like the first proposal better, Mr. Hooser, simply because I think it gives the Office of Economic Development the opportunity to go through the grant request. I just saw this right now for the first time. Mr. Chock just passed it over to me. So, I am not familiar at all. I did read real quickly and obviously, it does seem like a great program. I am looking at the budget and out of the funding, twenty three thousand nine hundred twenty-five dollars ($23,925). This is the proposal from this organization, which is twenty-three thousand nine hundred twenty-five dollars ($23,925) and they are going to add another two thousand dollars ($2,000) by charging each participant fifty dollars ($50). So, of a total budget of twenty-five thousand nine hundred twenty-five dollars ($25,925), eleven thousand dollars ($11,000) goes to the instructor's stipend and Administration. I think I am having a problem with that. Almost half of the money that the County would provide would go to the instructor and the other half would be spread up amongst supplies. I am one that does not want to see our County taxpayer money pay people salaries or stipends or whatever you want to call it. If we give twenty three thousand dollars ($23,000) then it should go to the training. It should go to the arming, the operation, the soil testing, and so forth. I do not see any...I mean, I see seven thousand dollars ($7,000) for soil test, but I just would much rather have the Economic Development or whoever is going to manage the grant vet out the program to make sure it is viable and so forth because I do not think we can do that here with this write up in five (5) minutes. So, I would prefer your first proposal. I can support that and having the money available, but not earmarked and then give the Economic Development people the opportunity to go and vet out this grant proposal as you do with the rest, and at that point, make the determination whether or not. I just...I do not know. I never heard of this organization to be honest with you. I have not personally. Yes, I have not. I mean, there are many organizations that I am very familiar with that none of you are and so do not punish me for not knowing that. I just do not know and if I am going to approve funds today, obviously, for me personally...so, I would support the first one, Mr. Hooser. That is DELIBERATION AND 37 MAY 13, 2014 PRELIMINARY DECISION-MAKING broad and I think we heard from Mr. Costa that they would take a look at it. I could do that. Thank you. Chair Furfaro: JoAnn. Ms. Yukimura: Okay. I mean, I understand the concern and I mean, we pay consultants. For training,to happen, there has to be a trainer, but I think that whatever moneys we put in there Office of Economic Development (OED) goes through a process of review and can negotiate. Like the Kauai Marathon, they made sure that the moneys went for advertising and not for personnel because they felt that the contribution to the County should be in the public relations (PR) part of it. So, they can do that and we can leave it to them, I mean, in the way that our budget works, they can take that money and use it for something else actually. So, we are relying on their review process. Chair Furfaro: Mr. Kagawa. Mr. Kagawa: I would like to see us growing more of our own food. I think we need to learn what works elsewhere and from experts. I think education could go a long way. However, I am just staring at that number there and we are still three million dollars ($3,000,000) behind and to be adding, kind of troubles me because I had hoped that we could have maybe a reserve in the end of that kind of amount. That was my hope, but we are in the opposite direction. I think it is going to be very tough for me to support any additions going forward until we resolve that deficit. Thank you. Chair Furfaro: Further discussion? Mr. Hooser. Mr. Hooser: In the interest of moving this along, if we could revert to our original proposal and trust that the Office of Economic Development will, frankly, either one that moves forward, the Economic Development office will make the final decision to spend the money or to implement the program or not. So, that is not going to change, but in order to ensure that the votes are here, I would agree to Councilmember Rapozo's request and generalize the proposal. Mr. Hooser withdrew his motion to add funding to the Office of Economic Development in the amount of twenty-three thousand nine hundred twenty-five dollars ($23,925) for "Agriculture — Korean Natural Farming/IMO Farmer Training and Soil Study." Ms. Yukimura withdrew her second. Mr. Hooser moved to add funding to the Office of Economic Development in the amount of twenty-three thousand nine hundred twenty-five dollars ($23,925) for "Agriculture —Agriculture Grants," seconded by Ms. Yukimura. Chair Furfaro: Okay. So, we are back to the original submission, and on that note, I guess I will call for the vote. Let us do a roll call vote on this item, please. The motion to add funding to the Office of Economic Development in the amount of twenty-three thousand nine hundred twenty-five dollars ($23,925) for "Agriculture — Agriculture Grants" was then put, and carried by the following vote: FOR ADDITION: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 7*, AGAINST ADDITION: None TOTAL—0, DELIBERATION AND 38 MAY 13, 2014 PRELIMINARY DECISION-MAKING • EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. (*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Council Councilmember Kagawa was noted as voting silent, but shall be recorded as an affirmative for the motion.) Ms. Fountain-Tanigawa: Six (6) ayes. Chair Furfaro: It is six (6) and one (1) silent, which makes it 7:0. Thank you. Okay. I have one (1) to add and it is in the agricultural area. It is tied to the narrative that I sent out to you earlier about the value of bees to Hawaii's story and Hawaii's agricultural activities. Ms. Yukimura moved to add funding in the amount of twelve thousand dollars ($12,000) for "Other Services - Bee Pollen Testing Grant," seconded by Mr. Kagawa. Chair Furfaro: The issue here is simply about ten thousand four hundred dollars ($10,400) for testing our, I think, twenty-seven (27) licensed beekeepers on the island for the Varroa mite as well as the health of our bees. There is a subsequent Resolution that is available that touches on that, but we have a strong request from the State Department of Agriculture on getting rid of the Varroa mite that is in Hawaii and also hopefully, we can get some Federal help if in fact we had our bees tested. Again, this is the...have the bee inspector here on two (2) trips. The salary and wages for that are part of the State Agriculture Department and it is about four hundred dollars ($400) cost to test the licensed beekeepers here. So, it is a simple add of twelve thousand dollars ($12,000). I guess as Chair, I need a motion and I need a second. Ms. Yukimura: I did do a motion and there was a second. Chair Furfaro: Oh, you did? Very good. This intent is to be administered under Economic Development as well, but for once and for all, I will find out if we do have the mite here and how exactly healthy our bees are. Mr. Kagawa: Question for you. Chair Furfaro: Yes. Mr. Kagawa: Thank you, Mr. Chair. I understand the sentiment. If the job does not get done, then let us do it ourselves, but is this not the State Department of Agriculture's responsibility to do this? Chair Furfaro: I felt the same way and the apiarian, which is the bee inspector, there is only one (1) and they are in fact on the Big Island, part of the Department of Health. In my dialogue with them, they would be glad to participate with us, but they too, could not allocate even two (2) trips to Kauai to work with the beekeepers on the test. So, I am just at the point that I believe for the health of our Agricultural Department, we need to do this, but it is pitiful at this point. Mr. Kagawa: Is there any...I mean, I have talked to several beekeepers and they indicated to me, and I will name one (1). One is Cohn Wilson and the other is Jan TenBruggencate, and they both said that I guess they have developed a technique to deal with the mite. I do not know if they had it upside down or...they have DELIBERATION AND 39 MAY 13, 2014 PRELIMINARY DECISION-MAKING some technique where I guess the mite drops. So, I guess their hives have not been affected by those mites. I do not know if there is others that maybe George can share, that those mites are in fact, affecting negatively. Regardless, if it is happening I want to help attack it because I think we have to get rid of the mites, not just find techniques to get around the mites, I guess. Chair Furfaro: Well, again, this is testing to first verify that we do not have the mites and then in fact if we do, the ability to get some extra Federal funds to help. JoAnn. Ms. Yukimura: I may be wrong, but I do not think the mites are here on Kaua`i yet. Chair Furfaro: At this point, they are not, but we have never been tested. Ms. Yukimura: But there is another infestation of some sort that has come here, but the other thing that these tests show is also pesticide residue. So, that would be important given all of the issues we have heard about pesticides to keep track of whether the bees are...whether pesticides are infiltrating into the hives. So, I think it is an important thing to know and have. Mr. Kagawa: Yes, I mean, if I can clarify. I think there was another well, culprit, that I think were affecting the bees. I had asked Jan and Colin if it was affecting their hives. They had some type of technique, but maybe it was not the mites, but it was recent that I asked them and they said their hives are actually thriving, and this was maybe six (6) months ago when I talked to both of them. So, I do not know. Like I said, if we need to do that mite testing, I will support it. Chair Furfaro: Thank you. In the Resolution that I am preparing to introduce, it does reference that second pest. It has a long Latin terminology to it. Mr. Hooser. Mr. Hooser: So, these funds go to the Office of Economic Development? Chair Furfaro: Economic Development, yes. Mr. Hooser: And then they implement it, they are the ones that contract the testers? Chair Furfaro: They would with working with the State Agriculture Department from the Big Island, yes. Mr. Hooser: Okay. Has the Office of Economic Development agreed to do this? Chair Furfaro: It has been a while since we have even had a • conversation about it. If you would like to bring George up again... Mr. Hooser: I do not need to bring him up. Chair Furfaro: Okay. DELIBERATION AND 40 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Hooser: I just want to make sure that... Chair Furfaro: It has been a while. It was actually a Big Island visit with Chairperson Kokubun that I had. Mr. Hooser: Okay. No, as long as you are confident that they will do it, it is okay with me. Chair Furfaro: We are still in touch with, I believe, the inspector that we are dealing with, Denise on the Big Island is highly recommended for her work. JoAnn. Ms. Yukimura: Yes. I just want to say that a logical partner in this would be the Beekeepers Association too. Chair Furfaro: Yes. Ms. Yukimura: So, there would be different ways to work with those organization. Chair Furfaro: Yes, and I do want to make note, this is for being licensed. George, you do not need to come up. This is for licensed beekeepers. Do you want George to come up? Ms. Yukimura: No. Let us go on. Chair Furfaro: Okay. Mr. Bynum. Mr. Bynum: I just wanted to say that I am one hundred percent (100%) in support of this. Since my first week on the Council I know that the Chair has focused on invasive species issues. He has saved our island almost single handedly, in my opinion, from serious infestation because of his attention and I applaud him. I just so admire it. So, thank you. Chair Furfaro: I do want to say though, it was with everybody's kokua and also I had JoAnn dragging me along. So, I have to share the credit. Okay. So, I have a motion and a second on this twelve thousand dollars ($12,000). Can I have a roll call vote? The motion to add funding in the amount of twelve thousand dollars ($12,000) for "Other Services - Bee Pollen Testing Grant" was then put, and carried by the following vote: FOR ADDITION: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 7, AGAINST ADDITION: None TOTAL—0, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—0. Ms. Fountain-Tanigawa: Seven (7) ayes. Chair Furfaro: Seven (7) ayes. Thank you very much. Mr. Kagawa. DELIBERATION AND 41 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Kagawa: We are finally ready to knock off one of the final cuts, which we want to do all of the cuts before we get to revenues. So, I can circulate it now if you want, Mr. Chair. Chair Furfaro: Let us do that. Mr. Kagawa: It is the piece on overtime reduction. Now, instead of raising one hundred fifty thousand dollars ($150,000) or so, we are only raising fifty-four thousand one hundred fifty-seven dollars ($54,157). Mr. Kagawa moved to reduce Regular Overtime by five percent (5%) with the exception of Public Works (5% reduction only for discretionary Regular Overtime for Fire and Police), Public Works to reduce Regular overtime in the amount of two thousand five hundred dollars ($2,500) in General Fund, Highway Fund, Sewer Fund, and Solid Waste Fund, seconded by Ms. Yukimura. Chair Furfaro: Okay. I have a motion and a second. Would you like Mr. Barreira to come up? Mr. Kagawa: I believe all Departments have agreed that they can live with these cuts including our Mayor and we will all try to change the direction. I guess, and try to get management to try and really focus on trying to cut down whatever can be avoided. Chair Furfaro: I would like to say to the Administration, thank you for going back to the drawing board. I hope you took my direction of going back to work on this in the spirit that it was given. So, we did not want to overstate that number. JoAnn. Ms. Yukimura: I want to thank the Administration for helping me be reassured that the different, especially small Departments, are not going to be affected adversely in their work because in my opinion, they do very important work. Even in the large Departments, this kind of discernment about what we can cut and we cannot is really important. That is why a broad brush cut really worried me, but with the kind of work that now has been done on it, I feel okay about voting for it. Thank you, Councilmember Kagawa, for initiating the thinking about it and then working with the Administration. Chair Furfaro: Mr. Bynum. Mr. Bynum: May I ask some questions of the Police Department, please? The Deputy Chief is here. Chair Furfaro: The Deputy Chief is here, but to be consistent this was an item that I would like to have Mr. Barreira up with the Deputy Chief as well. So, the Budget Director can come up. There being no objections, the rules were suspended. Mr. Bynum: So, Mr. Barreira, under this new proposal, the reduction to the Police Department would be what? DELIBERATION AND 42 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Barreira: I am sorry, sir. I could not hear you. Could you repeat yourself? Mr. Bynum: On this new proposal, the reduction of the Police Department would be how much? Mr. Barreira: The five percent (5%) of the one hundred eighty- five thousand dollars ($185,000) identified would be nine thousand two hundred fifty dollars ($9,250). Mr. Bynum: So, we went from the original proposal at four hundred thousand dollars ($4,000) as I recall, to one hundred and whatever it was the last time, right? Mr. Barreira: Yes. Mr. Bynum: What was it last time? One hundred five thousand dollars ($105,000)? Mr. Barreira: The cuts, the proposed five percent (5%). Mr. Bynum: And now we are down to nine thousand two hundred fifty dollars ($9,250)? Mr. Barreira: Yes, sir. Mr. Bynum: Okay. Chair Furfaro: For Police. Mr. Bynum: What does that make the total cut in overtime package now? Mr. Barreira: I believe Mr. Kagawa reflected. I have not calculated that. I heard fifty thousand dollars ($50,000) figure. Chair Furfaro: It is on your worksheet. Fifty-three thousand dollars ($53,000). Mr. Bynum: So, we went from eight hundred thousand dollars ($800,000) or nine hundred thousand dollars ($900,000) originally proposed to right, total, down to fifty thousand dollars ($50,000)? Mr. Contrades, thank you for being here. MICHAEL M. CONTRADES, Deputy Chief of Police: Thank you, sir. Mr. Bynum: What programs will have a reduction of what you are doing because of this nine thousand dollars ($9,000)? Mr. Contrades: With the nine thousand dollars ($9,000) we are going to have to look at those programs that are listed. That would include Special Events Management, KPAL, Citizens Police Academy, and the Underage Drinking and make a determination in terms of priority where that nine thousand dollars ($9,000) is going to have to come from. DELIBERATION AND 43 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Bynum: So, something you are doing now is going to be truncated, correct? Mr. Contrades: In some way, yes. Mr. Bynum: If we would have stayed at the one hundred thousand dollars ($100,000) you would have to eliminate some of these things completely, right? Mr. Contrades: Absolutely. Mr. Bynum: Thank you for that. I appreciate it, for those answers. Mr. Contrades: Thank you. Chair Furfaro: JoAnn, and JoAnn, your microphone is not on. Ms. Yukimura: Yes, thank you. With respect to the Underage Activates Investigations of fifty thousand dollars ($50,000), may I just suggest that the Liquor Commission has moneys that are set aside for this purpose? So, it may be possible to supplement the moneys form that. Mr. Contrades: We will look into that. Ms. Yukimura: Yes. Thank you. Chair Furfaro: Okay, and JoAnn has had a very good suggestion there because there is a percentage of their fees that can be used for these kinds of special programs. So, please work closely with them. Mr. Contrades: Will do. Chair Furfaro: Thank you. Mr. Bynum again. Mr. Bynum: Are we still...I am done with questions. Chair Furfaro: Oh, you are not done with questions? I thought you were. I am sorry. Mr. Bynum: No, I am done with questions. Chair Furfaro: Oh, you are done with questions? Mr. Bynum: If I have the floor, it would be just for discussion. Chair Furfaro: Okay, then we are pau with both of you gentlemen. There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Mr. Bynum. DELIBERATION AND 44 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Bynum: I am not going to vote for any reductions in overtime. Look at what we just did in this process today. We asked...you know, I thought we were going to come in there and say here is what we are currently doing that we can stop doing to save money. That is what a real cut is. I mean, everybody said that we have to look at what we can do and what we cannot afford to do any longer, but virtually all of the cuts have been these broad brush strokes of cut twenty percent (20%) and we almost called for the question on this twenty percent (20%), nine hundred thousand dollars ($900,000). I am like wait, wait, I want to talk to the Police. Wait I want to talk to Fire. I want to know how this impacts them. Then in the second integration, oh, some of this is contractually obligated. Let us figure it out. So, we do an analysis for the Departments that are hit the worse. Police and Fire, wow. To me, I made a commitment when I got on this Council, that I would not be an obstacle ever in budget to the Police doing the job they need to do for our community. If the cut is nine thousand dollars ($9,000) or the cut...he just said he is going to have to not do some of these things as robustly as they intended, right? Those are the realities of these cuts that are not targeted. Now, Police and Fire, because it was...because of our strong commitment to them, supposedly, we did a big analysis and we have made it not so egregious, right? What about the other small Departments that did not have time to do this analysis? These are not cuts that say our government is too big, let us cut it back. It says let us spend too much money so let us niggle money everywhere we can that is going to create, because I have been a civil servant for many years. All kinds of grief for all of these Departments because we grabbed fifty thousand dollars ($50,000) here and forty thousand dollars ($40,000) here without any really thoughtful analysis of it. I am not going to vote for these cuts in overtime and I am deeply saddened if we do this. My final closing is when we get to revenue, we have Residential Class now that has just people who have homes that they use for commercial purposes. They rent them at market or do other things. If we added one cent ($0.01) to their tax rate, one cent ($0.01), we could generate fifty thousand dollars ($50,000). So, if we ask those homeowners that own a five hundred thousand dollars ($500,000) home, "hey, this year we need you to pay five dollars ($5.00) more," five dollar ($5.00) so we can fully fund our Police Department and let our Departments run without imposed restrictions where we are going to have to be running around niggling all year long. Every single dollar we are going to get all of these moneys transferred around. So, please, I implore my colleagues not to vote for this type of cut, not this one at all. What difference...we did all of this work. Fifty thousand dollars ($50,000). We are going to create these issues for the Administration for fifty thousand dollars ($50,000) of savings. This is not cutting fat and waste. Chair Furfaro: Okay, that is your opinion and I have other opinions on the table. So, Mr. Rapozo and then Mr. Kagawa. Mr. Rapozo: Thank you, Mr. Chair. I have reserved my opinions throughout this process thus far because I think everybody has the right to their opinion, but I do feel compelled to defend my colleague to my left here because when we got into this budget we saw the number and it was a desire to cut the budget as much as we can. This overtime cut is not so much a fifty thousand dollars ($50,000) cut. It is a message that we need to change the way we schedule and we need to change the way we operate. We talked about Solid Waste and when they do green waste hauling. I mean, all of these things can be done by the management of the Departments. Now, we make it seem like we cut fifty thousand dollars ($50,000), the Police is going to shut down KPAL. That is not true. This Council has never denied any Department, any Department that came up here for extra money in a Money Bill for overtime for whatever. This Council never did that. I do not think nine thousand dollars ($9,000) or whatever it is, is going to break the Kauai Police Department. If you look at the historical CAFRs, you will see that the lapse is quite DELIBERATION AND 45 MAY 13, 2014 PRELIMINARY DECISION-MAKING substantial. This is more of a message to the County Administration saying, hey, we have to start looking at...and the Department to their credit in the last year or so has done a remarkable job. I understand, Deputy Chief, that is your doing. That is what I have been told. Not by you, but by others, that it was Deputy Chief that has...and I know it is working because the men and women are complaining because they do not have the easy pot of overtime that they used to. So, I commend the Administration, but I do not think we deserve comments such as irresponsible or egregious and without thought. We are here to try to balance this budget with the least impact to the taxpayers. That is my philosophy, I believe that is Mr. Kagawa's. Because one (1) Councilmember does not agree, I will tell you. I took notes yesterday. Yesterday we have fourteen (14) or fifteen (15) proposals to cut, fifteen (15) proposals. Ten (10) of them passed. Ten (10) of them passed, and Mr. Bynum voted against seven (7) of them. So, I understand that he does not want to cut. That is his prerogative. I am not going to criticize him for that, but I do not expect to get criticized because I am supporting the cuts. I mean, we need to balance that budget and I can tell you right now, I am not going to consider raising anymore taxes. I am not. So, I just...I feel, Mr. Chair, like I said this morning. I was trying to be very patient, but sometimes the comments get a little offensive and I felt the need to defend Mr. Kagawa who I believe, for such a new young Councilmember is doing what I believe is the right thing in budgets. Thank you. Chair Furfaro: Mr. Kagawa, you have the floor. Mr. Kagawa: Thank you, Chair. One of the main directions that I have given to all of the Department, the Managers, is that there is available moneys in your accounts if it is really necessary. It exists. I am looking at a fact-based sheet. Page 34 of your CAFR. Mr. Bynum yesterday, said the Fire Department is the thriftiest tight budgeted Department. They have the biggest variance or lapse in 2013. They lapsed one million six hundred thousand dollars ($1,600,000). That means one million six hundred thousand dollars ($1,600,000) was approved in their budget that they did not need that year, and he calls that responsible budgeting? I call that irresponsible budgeting. So, I am trying to get down so that we are spending our taxpayer's money wisely, not overtaxing our citizens, and not restricting certain other Departments. I believe now they have caught that up. I think now their budget is tight and I think everybody's budget it tight because we no longer have the money that we used to have, but there is still...everybody is not one hundred percent (100%) paid for. There is always a little bit of each budget. Maybe the Police, I do not know. Now that they are filling all of their positions they are pretty tight and they have been subject to some cuts because they are a huge budget, but when I do these cuts and it affects areas like the Police and Fire, please do not take it personal. I just have a concern that you have a thirteen million dollars ($13,000,000) payroll in your operations and you have overtime. If I add regular overtime of two million one hundred thousand dollars ($2,100,000) and if I add Premium Pay of one million two hundred thousand dollars ($1,200,000)...so, for a force of thirteen million dollars ($13,000,000) you have overtime being paid of another three million dollars ($3,000,000). I am just thinking to myself, in four (4) years when we have beginning officers getting seventy-one thousand dollars ($71,000) a year and you are adding another twenty-five percent (25%) of salary, if twenty-five percent (25%) of their salary is the going rate, you have a beginning officer making almost one hundred thousand dollars ($100,000) a year. Can our County afford that or do we have to change our ways of paying officers because at some point, we are going to break the bank and it is going to be a point of no return? Wisconsin experienced that recently. I mean, we have to control the overtime somehow. If you are getting paid seventy-one thousand dollars ($71,000) a year, that is almost fifty thousand dollars ($50,000) more than the starting teacher. That is good money already. If you need overtime as well or a lot of it, then maybe you are getting overpaid, but I mean, we have to DELIBERATION AND 46 MAY 13, 2014 PRELIMINARY DECISION-MAKING start figuring out this balance of how we are going to set the tone for the future. I just cannot accept that how we are doing it is good and there is no room for change. To me, that is unacceptable. We always can improve. Everybody can improve, myself included, but that is the only way are going to change our ways, is that we always look to improve because with overtime pay, you are paying time and a half for an hour of work. If we can cut down on that, fine. If some is unavoidable, fine as well, but let us always try and get better. That is the way we set that tone for the future. Thank you, Chair. Chair Furfaro: Okay. Anymore dialogue? I am not going to recognize anymore dialogue between the people that spoke. I am going to call for the question. I am not going to turn this into this dialogue going back and forth. A couple things you need to recognize here, you cannot keep comparing the CAFR to what we are going now because there have been a lot of increases related to costs, bargaining unit, and so forth. But the point is, we have to have tangible, measurable outcomes, and I think that is where Mr. Kagawa is at. Mr. Bynum: Point of order, Chair. Chair Furfaro: So, I am calling for the question. Mr. Bynum: Point of order. Chair Furfaro: What is your Rule that you are calling point of order on? Mr. Bynum: You just said you are not going to allow anymore dialogue and then you took the floor. Chair Furfaro: That is true. I apologize for it. I am calling for the question. I need a motion from somebody on the table. Mr. Bynum: I am not calling for action on a point of order. Ms. Fountain-Tanigawa: We have a motion and a second. Mr. Rapozo: Motion is done. Motion and second is done, Mr. Chair. Chair Furfaro: Thank you very much. Roll call vote, please on the item. Ms. Fountain-Tanigawa: Councilmember Bynum. Councilmember Chock. Mr. Bynum: Wait. I made a call for the question. Chair Furfaro: I heard you. I am calling... Mr. Bynum: I heard no ruling. Chair Furfaro: I did not hear the Rule that you referenced. Give me a number and we will take care of it when we come back. Ms. Yukimura: Mr. Chair, maybe... DELIBERATION AND 47 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Bynum: Call for the question. Ms. Yukimura: Okay. Chair Furfaro: Call for the question. Mr. Bynum: Unequal Rules. One (1) set of Rules for one (1) Councilmember... Chair Furfaro: Mr. Bynum, I just told you after... Mr. Bynum: ...another set of Rules for another... Chair Furfaro: Mr. Bynum, I just told you... Ms. Yukimura: Mr. Chair... Chair Furfaro: ...after the vote we will go to the Rules. Ms. Yukimura: May I... Mr. Bynum: No, let us just take the vote. Ms. Yukimura: May I move to close debate? Mr. Kagawa: Take the vote. Ms. Yukimura: And take a vote on that issue, then the body will decide whether to allow... Mr. Bynum: I am entitled under the Rules to the floor. Chair Furfaro: Call for the roll. Mr. Bynum: And then you say, "No" and then you... Ms. Fountain-Tanigawa: Councilmember... Mr. Bynum: And then you take the floor. Ms. Fountain-Tanigawa: Councilmember Bynum... Chair Furfaro: I had three (3) seconds of summary. Call for the question. The motion to reduce Regular Overtime by five percent (5%) with the exception of Public Works (5% reduction only for discretionary Regular Overtime for Fire and Police), Public Works to reduce Regular Overtime in the amount of two thousand five hundred dollars ($2,500) in General Fund, Highway Fund, Sewer Fund, and Solid Waste Fund was then put, and carried by the following vote: FOR REDUCTION: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 6*, DELIBERATION AND 48 MAY 13, 2014 PRELIMINARY DECISION-MAKING AGAINST REDUCTION: Bynum TOTAL— 1, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. (*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Council Councilmember Hooser was noted as voting silent, but shall be recorded as an affirmative for the motion.) Chair Furfaro: Now, give me a Rule number, please. Mr. Bynum: It is too late. There is no point. Ms. Fountain-Tanigawa: Six (6) ayes. Mr. Bynum: I would like the floor. Chair Furfaro: You have the floor. Put your microphone on if you want the floor. Mr. Bynum: I am very passionate about these issues because I am very passionate about our government. I came into this and Councilmember Rapozo choose to talk about how many I voted. Turn that into dollars, Councilmember Rapozo. How many dollars of cuts did people vote for yesterday? We are here to give our mana o. My mana o is that these are not real cuts. These are niggling cuts that cause real issues for our Departments. I am entitled to express that opinion. You cannot just take numbers from this year's budget and make these conclusions that are out of context and I said from the beginning, I do now want to debate the past because the past is done, but rewriting the past and making conclusions based on numbers that are out of context, that do not give an accurate picture, this is the kind of dialogue that is helpful for us. We just spent...we contemplated and almost voted one nine hundred thousand dollars ($900,000). In some Departments that would have decimated it. The Police Department...we almost voted on second round until I said I want more questions and Councilmember Rapozo said oh no, let us look at what really is discretionary. We almost voted on it. That would have eliminated KPAL. I mean, that is what they said in the document. So, they came back and they did it again. What about all of the other Departments? This is not good budget making. These are not wise decisions that make sense. That is my opinion. I have a right to express it. Thank you. Chair Furfaro: Okay. I want to make sure we all understand a couple things here. Although we were (inaudible), JoAnn, it is the duty of the Chair in Rule 13(e) to address to speak to any member and those members speak through the Chair. Any remarks confined to the question or under discussion needs to avoid personalities. That Rule, 13(a)(3) under the Chair. It is the Chair's duty to maintain that proper order and decorum. Thank you. Mr. Hooser. Mr. Hooser: Could I ask for a brief recess? Chair Furfaro: Sure. Good idea. We are going to go to a recess. There being no objections, the Committee recessed at 11:41 a.m. There being no objections, the Committee reconvened at 11:53 a.m., and proceeded as follows: DELIBERATION AND 49 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: Okay, we are back from our recess and I would like to share again, with all members. It is important that we keep the discussion focused on the item at hand. I would also like to make sure that we should really address each other as my colleague, the member of the Council, and so forth and try to not find it being directed personally. It is important. I also want you to know that in our Rules 13(e), the fact of the matter is if you call for a point of order, you should not call for it when a vote is being taken. The vote should be done and completed. That is also covered in Section 6(j) of our Rules. I also want to thank Mr. Hooser for his recommendation to take a break. That was a good point, but I want to let you know that the decorum is, by our Rules, in the hands of the Chairman. I do reserve that right to speak on an item to try to temper the issue and especially get an interpretation only after the vote, and that is in our Rules. So, we have now traveled to review. I believe that was the next cut item that we have for this review period. Is the Administration ready? They are not ready? Okay, JoAnn has her ready now. So, JoAnn, I will recognize you. Ms. Yukimura: Thank you. If staff could pass it out. So, my proposal is to cut repair & maintenance expenditures that are in the Parks budget, but it does not mean they will not get done. Instead, they would be paid for by the repair & maintenance account, the 209 account. I am proposing one hundred thousand dollars ($100,000) out of the account of two hundred eighty-four thousand dollars ($284,000), and you will see it on page 200...let me see. Page 268 is the 209 Fund. You will see that there is already a contingency fund for repair & maintenance of eighty-five thousand dollars ($85,000). I am not touching that. Instead, taking from the one hundred ninety-nine thousand dollars ($199,000) that says repair & maintenance projects. That is where the repair projects would be paid for, and that would be freeing up one hundred thousand dollars ($100,000) in General Fund moneys. Ms. Yukimura moved to utilize funds in Fund 209 to be used for these repair & maintenance expenses that are being removed from the General Fund Chair Furfaro: Before we go further on this discussion. I was able to look at the Ordinance a little bit and it seemed the Ordinance to me, was very clearly stating there was a point in time where we would touch money. Prior to that, we could not address this money. Could I get some interpretation from the Administration? There being no objections, the rules were suspended. Mr. Hunt: Steve Hunt, Director of Finance for the record. There was a point in time which was the passage in May of 2013 that the 209 Fund was no longer a general ledger balance sheet fund, but moved to the operating and this is the first fiscal budget since the passage of that. The funds that had been on the balance sheet had been committed or were available to commit. I believe a breakdown was provide in the fund balance estimates including a portion since the May to the end of the CAFR, of the Fiscal Year 2013 CAFR, which would have been available to appropriate by Council for specific projects or repairs. Since then, we have moved it into the operating budget and those funds that are shown there on page 268 are funds that are available for Parks & Recreation to handle maintenance items or improvement items. I do not have a breakdown of how those funds are intended to be spent. Chair Furfaro: Okay. JoAnn, do you have questions for Steve? DELIBERATION AND 50 MAY 13, 2014 PRELIMINARY DECISION-MAKING Ms. Yukimura: Yes. So, the Ordinance says that the Council shall appropriate the fees in this budget, right? Mr. Hunt: Yes. Ms. Yukimura: And it also says that...so it says improvement. So, it might potentially be usable for CIP? Mr. Hunt: I believe that would be the case. Again, the appropriation is the Budget Ordinance itself. So, it is going to be appropriated through the Ordinance. Right now on page 268 if you adopt the budget as is, it is appropriated, but it is just non-specific as to what those funds are... Ms. Yukimura: Correct. Mr. Hunt: And you are attempting to add specificity on that. Ms. Yukimura: So, my proposal is to cut from the General Fund moneys and to pay for the repair & maintenance by these 209 funds, which are specifically for repair & maintenance. So, the cuts are on page 200 and 194 if you want to look at them, but they specifically say repair & maintenance buildings and repair & maintenance equipment. Thank you. I am done. Chair Furfaro: Any further questions for the Finance Director? Yes, go ahead. Mr. Rapozo: Oh, it is really not the Finance Director. It is... Chair Furfaro: Let me just see if there is any for him then. Hang on. Any questions for the Finance Director? If not, Steve, thank you. You can take a seat. There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Mr. Rapozo. Mr. Rapozo: I think this is more for Lenny, and I would hate to have a budget discussion here on this decision-making, but I think it goes along with what you were saying earlier regarding the report or the plan for that fund. I am not sure if we are taking one hundred thousand dollars ($100,000) to replace some General Fund projects is going to affect the Parks' plan for the use of that account. I am not sure if you want to bring him up or not, but because I think in essence what this does, it just takes...it just cuts one hundred thousand dollars ($100,000) from the General Fund. Because the existing 209 Fund, they could use that fund for these projects that Councilmember Yukimura is suggesting in here. So, in reality, we are just taking one hundred thousand dollars ($100,000) out of the General Fund and allowing the Parks Department to utilize part of that two hundred forty-eight thousand dollars ($284,000) to accomplish or backfill, which his almost what Mr. Hooser wanted to do with the CIP budget. Ms. Yukimura: Right. DELIBERATION AND 51 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Rapozo: And then using backfilling. Again, I think that is the Parks Department's prerogative to use that fund how they want. So, I could definitely support the cut of one hundred thousand dollars ($100,000) from those General Fund accounts and then leaving the decision on how they want to use the 209 Fund to the Parks Department. Ms. Yukimura: Okay. I am okay with that. Chair Furfaro: Procedurally, I do need a second for that. I do not have one. Mr. Chock seconded the motion. Chair Furfaro: I have a second now. Good. Lenny, do you want to come up? There being no objections, the rules were suspended. LEONARD A. RAPOZO, JR., Director of Parks & Recreation: For the record, Director of Parks & Recreation, Lenny Rapozo. Chair Furfaro: JoAnn, do you have anything specific for Lenny? Mel? Ms. Yukimura: Do you have any concerns about this? Mr. L. Rapozo: Yes. In the past budgets, the last two (2) budgets, we had done exactly what you have stated or what you want to do. We have used the 209 Fund to help the General Fund, but with the anticipated...what we have left in the fund, the moneys that we have collected so far, according to our accounting, it is about two hundred sixty-four thousand seven hundred sixty-three dollars ($264,763). Finance has anticipated that whatever rents will be coming in for this fiscal year and added that, and that is the number that they have put into our budget. Parks, we have always spent what we had on hand without spending what we do not have. By reducing the 209 by one hundred forty-two thousand dollars ($142,000), according to my calculations at the accounts that wants to be removed, based upon how we traditionally operated, would leave us about one hundred twenty-two thousand dollars ($122,000) left in our account. That is not withstanding whatever rents that we would be collecting, moving from July forward. So, any big repair projects, and I am going to use something like Kilauea. We were lucky enough that the bids were as high as one hundred seventy thousand dollars ($170,000) to what we were able to get to ninety-six thousand dollars ($96,000). That would put us in a burden if we do not have the 209 account. Ms. Yukimura: The whole intention of the budget and this Ordinance was that you would, like any other Department Head, anticipate what your projects are going to be for the year and what you would need. So, I mean, we are giving you pretty much a blank check of two hundred eighty-four thousand dollars ($284,000) or one hundred sixty-four thousand dollars ($164,000). I mean, no other Department has that and this is taking out the one hundred thousand dollars ($100,000), but freeing that up for the General Fund. I mean, it is like Councilmember Hooser was trying to use where there was...if there was extra money. As it turned out with Keith's report there was not, but in this case there is. So, it seems to me you need to be able to use whatever resources you have first in your Department and then go for General Fund moneys. DELIBERATION AND 52 MAY 13, 2014 PRELIMINARY DECISION-MAHING Mr. L. Rapozo: Okay. So, what I am hearing from you exactly two (2) things. One, the intent of the Ordinance. Ms. Yukimura: Right. Mr. L. Rapozo: Last year, when we were here, the intent of the Ordinance, from my understanding sitting here, was that the Council needed the information as to how we are going to use that money, but you did not want to remove the latitude that we needed if we needed to make repairs immediately. The way that the Ordinance got written and the final Ordinance that came out is a little different in terms of its interpretation. Again, prior to that, we had done that when the fund was over two million dollars ($2,000,000). We did make that commitment to help the General Fund and we did fund our R&M projects through it, but I believe now, the fund is down to what I had stated. So, by depleting it that much we take the risk of anything being more than one hundred twenty-two thousand dollars ($122,000) that we would not have the moneys there ready to readily move on fixing emergency repairs. Ms. Yukimura: And you would come before us then? Mr. L. Rapozo: Yes. Ms. Yukimura: But the whole intention of the Ordinance and if the Administration the Ordinance is not right, then you need to come and propose an amendment. The whole intention of the Ordinance is the Council shall appropriate. So, we shall put forth whatever we do with all of our other moneys. We take them from different funds, but we need to put them out for whatever use and that needs to be clear in the budget. So, I think what we are doing is we are saying you have one hundred sixty-four thousand dollars ($164,000) for emergency repairs... Mr. L. Rapozo: I can disagree with what the intent of the Ordinance was because we had the discussion, but we will leave it at that. Ms. Yukimura: Okay. Mr. L. Rapozo: I am telling you what the effect would be if you make this decision. Ms. Yukimura: Okay. Mr. L. Rapozo: So, I leave it up to you. Ms. Yukimura: Okay. Thank you. Chair Furfaro: Any additional questions for Lenny? Mr. M. Rapozo: He answered it already. Chair Furfaro: Okay. Thank you. There being no objections, the meeting was called back to order, and proceeded as follows: DELIBERATION AND 53 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: Discussion members? Mr. Kagawa. Mr. Kagawa: You talk about making cuts that is not discussed with the Administration or not getting their approval, this is one of them. I will not be supporting it. Chair Furfaro: Other discussion? Ms. Yukimura: Yes, Mr. Chair. Chair Furfaro: Go right ahead. Ms. Yukimura: In passing this Bill, I think it was very clear to us that we wanted accountability in terms...and transparency in terms of how there moneys are being used and that it be part of the budget process. So, that is what I am doing here. I, actually, this morning I asked staff where is the proposal for the use of these funds and they...we do not really have a breakdown, but I think my taking one hundred thousand dollars ($100,000) still leaves a big bulk of money, one hundred sixty-four thousand dollars ($164,000), which the Parks Department has full use of at their discretion for emergencies or otherwise. So, I think this is...in terms of every Department using their resources maximally in a time of tight budget this is no different. Chair Furfaro: Okay. Any additional discussion? If not, we are going to go ahead and vote on Councilmember Yukimura's proposal. Let us do a roll call, please. The motion to utilize funds in Fund 209 to be used for these repair & maintenance expenses that are being moved from the General Fund was then put, and carried by the following vote: FOR APPROVAL: Bynum, Hooser, Yukimura, Furfaro TOTAL—4*, AGAINST APPROVAL: Chock, Kagawa, Rapozo TOTAL— 3, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL— 0. (*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Council Councilmember Bynum and Council Chair Furfaro was noted as voting silent, but shall be recorded as an affirmative for the motion.) Ms. Fountain-Tanigawa: So, it goes with the nos. Chair Furfaro: It passes. Ms. Fountain-Tanigawa: It goes with the nays. RICKY WATANABE, County Clerk: No, the nays. Mr. Hooser: Passes? Ms. Yukimura: Passes? No, it does not pass. Ms. Fountain-Tanigawa: It goes with the nays. DELIBERATION AND 54 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Watanabe: It goes with the nays. Mr. Rapozo: It goes with the motion. Mr. Watanabe: Affirmative of the motion. Chair Furfaro: The question is it goes with the motion. You have two (2) silent. What is the outcome? Mr. Watanabe: Oh, yes. Mr. Rapozo: It goes with the motion. If the motion is to remove, then the vote is...in essence it is an aye. It goes with the motion, not with the majority. Ms. Yukimura: That is right. Mr. Rapozo: It is with the motion. So, it would be a 4:3 passage if Roberts is correct. Chair Furfaro: Because the motion is to approve? Mr. Rapozo: You know Mr. Robert? Chair Furfaro: We know him. Mr. Rapozo: Thank you. Chair Furfaro: So, you are concurring with both Mr. Rapozo and I? The silent votes went with the motion? Mr. Watanabe: Yes. It goes with the affirmative of the motion. Chair Furfaro: Yes, okay. Mr. Bynum: Can I just... Chair Furfaro: Go ahead, Mr. Bynum. Mr. Bynum: I just wanted to point out, it is one of the anomalies of always voting first. I really did not know the outcome. I was really torn. So, I stayed silent because...anyway, but I really did not know what the outcome would be, but when you vote last you know. Chair Furfaro: Okay. So, was that something calling for us out there? Mr. Rapozo: I do not know. Chair Furfaro: Can we just take a short recess? Mr. Rapozo: Somebody very happy or somebody... DELIBERATION AND 55 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: We are on a short recess here, three (3) minutes. There being no objections, the Committee recessed at 12:10 p.m. There being no objections, the Committee reconvened at 12:11 p.m., and proceeded as follows: Chair Furfaro: Can I get your folks attention here? We have one (1) more add item. Let me ask, Administration, are we going to come some travel idea before we go to lunch please? There being no objections, the rules were suspended. Mr. Barreira: Chair, we had conveyed the instruction to all of our Department Heads and our intention is to gather those numbers and collectively have something prepared for you after the lunch break. If that is okay? Chair Furfaro: Okay. Will it be right after the lunch break? Mr. Barreira: We believe so, sir. Chair Furfaro: Okay, because in the afternoon, I want to work on real property, okay? Mr. Barreira: Understood. There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: So, on the additions we have one (1) here from Mr. Bynum, and you have another add? Okay. Might as well. We are negative a bunch. Go ahead, Mr. Bynum, you have the floor. Mr. Bynum: I appreciate the opportunity. The item is one hundred twenty-five thousand dollars ($125,000) for, and I forgot how it was framed. Yvette, if you can...the name of that one. Has this been circulated to Councilmembers? So, let me just start with the narrative as she is passing that out. I have discussed this several time that we, in my opinion, have a pretty severe data collection and access crisis our County. I had a meeting with Jay, Steve, and Brandon a few months ago addressing a variety of concerns. I met with Planning, and I do not want to belabor this because unfortunately, we did not get the agenda item, but I have an agenda item coming up to have a more robust dialogue on these issues, but just a couple of examples. I still do not know for five (5) years in Planning for instance, of our agriculture parcels, which one have been subject to a one-time subdivision. I asked that questions five (5) years ago. I still do not know the answer. We do not know where we have agriculture dedications to whom. We do not know. We have not been able to compile it in six (6) months since the introduction to understand exactly where all of our agriculture leases were and what the extent is. Famously, we have text data that was reported in aggregate to the Council and it turned out later when we dove down into the detailed analysis that the data had been presented to the Council was wrong, hugely wrong, for years and we made policy decisions based on that. I think since Brandon has come in he has done an outstanding job. We are working. He is working. He has been cautious and slow. He left positions open. I do not mean this to be criticizing because you have to get the right people in the right place to accomplish DELIBERATION AND 56 MAY 13, 2014 PRELIMINARY DECISION-MAKING these very complex tasks, but I could go on and on in these examples. During the presentation, Mike will come here from the Planning Department and talk about what they are doing to be ready to deliver the data when we have some place to collect and analyze it. Enough said about that. The purpose of this is to get a consultant to work with Information Technology (IT) to identify the scope-of-work and the most critical priorities. I know there is priorities where I do not have access to data and I consider it critical, but the Administration is the one who should do an overall analysis of that, not at the Council level. So, I would like to put this in the budget. IT, for a consultant to begin this data analysis and look at the scope-of-work about how we get up to speed to meet these critical needs. That is it. Chair Furfaro: Discussion members? JoAnn. Ms. Yukimura: So, have you spoken to IT about the project and is it something they can do this year or begin to do this year? Mr. Bynum: I have asked that question for three and a half (3.5) months from IT and Finance, and I have not got a real specific answer. I think, and you can call them up and ask them. I think what they would say is, "Yes, we recognize this is a critical need and we would move some key people into key positions," but hopefully they will say having resources to really organize and get the scope of the need and get us started is something that I believe they easily could do, but they have no given me a straight answer. The answer is I have not gotten a straight answer, but I did pose a question six (6) months ago about it. Chair Furfaro: Further discussion? Mr. Kagawa. Mr. Kagawa: Thank you, Chair. If we are at this point still at a deficit of three million one hundred thousand dollars ($3,100,000) and it was not determined important enough by the Administration to put it in at least the supplemental budget, then I feel that we should not be approving something that is not a green light, a strong green light, by the Administration. Thank you. Chair Furfaro: JoAnn. Ms. Yukimura: One of Councilmember Bynum's greatest strength is his ability to look at fiscal numbers and Real Property Tax and analyze it. I have learned so much from him and the analysis software that Steve has worked on is extremely useful in terms of looking at real property tax scenarios and figuring out to the person how people would be affected by it. So, I feel like Tim is talking about something very important here and as someone who back in 1978 went to the Planning Department as a young Councilmember and tried to figure out how many lots in agriculture we had that were already one time subdivide and were not, and how many five (5) acre, ten (10) acre, thirty (30) acre, and one hundred (100) acre agriculture lots we had. I was flipping thorough the applications and trying to tally it myself. I know how important data is to our decision-making, but I think this is premature because actually, there needs to be some kind of scoping before the project is even costed or proposed. I would encourage Councilmember Bynum to work on that and I am willing to help to scope out...it needs a scope and I know that you cannot do it alone and that it does involve IT and maybe Finance. So, I am willing to work on something that will get us to better data. I think we are crying for Global Information System (GIS) data. I think there is one (1) project that is already a formulated for that, and so we would have to talk about interfaces and all of that. DELIBERATION AND 57 MAY 13, 2014 PRELIMINARY DECISION-MAKING That is why I think we need some more preliminary work done before we fund something like this. Chair Furfaro: This is Mr. Bynum's item, and I think he want to address a question to you, I believe. Ms. Yukimura: Sure. Chair Furfaro: I am going to give him the floor again. Mr. Bynum. Mr. Bynum: No, actually I want to withdraw this. I wanted the opportunity to have this discussion. I am requesting of the Chair. We met about these issues with staff several week ago. I have to concur with JoAnn. Without Steve jumping up here and saying, "Yes I want this and I can make it," it is premature for a budget decision. It is not premature in terms of the need and so we will have the agenda item. We will have a more robust discussion about the need. I will continue to seek to work with Brandon to scope it better, but it will probably need a Money Bill, and depending on the outcome of this day, there may not be any money to tap into. So, that was one of the reasons I wanted to bring it up here. What if we determined in three (3) months that this really is critical and we cannot wait? We need to put five hundred thousand dollars ($500,000) in to it. Well, the Mayor's proposal leaves us only four hundred thousand dollars ($400,000) for that purpose. So, we could not do it. So, that is why I want to kind of put it forward. I thought people might say, "Yes, I experienced this too. Let us get this money in there, frontload it, and get this going," but at this point, I would like to withdraw it and let the process go a different direction. Chair Furfaro: Okay. Mr. Rapozo. Mr. Rapozo: No. Chair Furfaro: Pass? Okay... Mr. Bynum: Just one (1) final comment. None of this should be considered a criticism of Brandon or IT. We all had hoped to have this more flushed out by now, but it has been kind of a busy year for everybody. So, thank you for the patience. Chair Furfaro: Okay. We have ten (10) here before lunch. Do we have anymore items to add? JoAnn. Mr. Rapozo: Mr. Chair, real quick. I just have a process. Chair Furfaro: Yes. Mr. Rapozo: If the additions are coming in, if you could put it on a paper and let us know if you had gotten concurrence from the Administration. That would help. Ms. Yukimura: Okay. Mr. Rapozo: Thank you. Chair Furfaro: JoAnn. DELIBERATION AND 58 MAY 13, 2014 PRELIMINARY DECISION-MAKING Ms. Yukimura: Yes. I would like to propose an Agricultural Park Workshop at twenty thousand dollars ($20,000). I started discussing it today, but let me just say a... Ms. Yukimura moved to add funding to the Office of Economic Development in the amount of twenty thousand dollars ($20,000) for "Agriculture: Agricultural Park Workshop," seconded by Mr. Chock. Chair Furfaro: Okay. We have a second for discussion on putting in a twenty thousand dollars ($20,000) Agricultural Workshop. JoAnn, you have the floor. Ms. Yukimura: Yes. Do you have the proposal sheet too? I hope we have one. Oh, wait. That has been passed out. Has...here is a more detailed description of the workshop. This is a rough scoping. Please do not get tied up in the details because they are not in stone. So, as I pointed out there was an article in today's paper, USDA study showing that the number of farms on Kauai has dropped form seven hundred forty-eight (748) to five hundred ninety-one (591), and that our agricultural acreages in agriculture have declined by one hundred thousand (100,000) acres. Some of it is with the plantations going out, but when you look at the farms, the number of farms that are dropping, you will see that it is not just about big plantations. We are all concerned and the Mayor's Holo project is about agricultural self-sufficiency. So, we are looking at increasing agricultural production and increasing food. There are several agricultural parks that are being proposed. One (1) came before this Council already when we gave the Stewardship...we approved the Stewardship Agreement to the Kilauea Agricultural Association and the farmers. There is also one being proposed at Kalepa and one being proposed on the West Side, and in Anahola. There are big...these would require big investments of time and money, much of it public money, but what they would give is long- term leases to farmers so they can make their own investments and grow the crops. Right now as we heard from Bobby Farias and others in terms of ranchers, they have month-to- month leases effectively, and for even Rodney Hariguchi and the taro farmers in Hanalei, they are on very short-term leases as well. They cannot make any kinds of building investments or soil building investments or anything on that kind of short tenure. We can look to our private lands and we should do everything we can to encourage the use of private lands, but we do have the competition of Country estates and out lands being looked at and used for basically, fancy homes. Farmers cannot compete with those prices. So, to use our public lands for farmers is the way we need to go and we have some good lands. But, how we do that, how we manage our lands, how we select our farmers, how we give them economies of scale in terms of cooling and processing facilities, transportation, markets, all those kinds of things need to be looked at? So, this Agricultural Workshop, it would bring people together and discuss these issues, work with experts like...expert farms like Larry Jeffs and Richard Ha, agricultural park developers like Stevie Waylan who just finished like a one thousand nine hundred (1,900) acre agriculture park on Oahu. Jimmy Nakatani from Agribusiness Development Corporation (ADC), Roy Yamakawa from Kaua`i Extension Agency, and this list is just a beginning list. To talk about all the different issues that we need to address in the design and planning of agricultural parks. So, I think...let us see. Let me see the study here. Oh, I am asking for twenty thousand dollars ($20,000). This thing says twenty-five thousand dollars ($25,000), but it is twenty thousand dollars ($20,000). So, that is the proposal. It is building for the future. Chair Furfaro: You seconded the motion, did you not? So, I will give you the floor first and then Mr. Bynum. DELIBERATION AND 59 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Chock: Thank you, Chair. Councilmember Yukimura, can you...do you have somewhat of a breakdown for the twenty thousand dollars ($20,000)? How much of it is going to Kauai Planning & Action Alliance (KPAA) is what I am interested in specifically. Ms. Yukimura: The full amount. Mr. Chock: Full amount? Ms. Yukimura: Yes, and in the design of the workshop, they would work it, but it would be plane fare, ten percent (10%) probably administrative fees, and the report writing and research probably through a consultant. Mr. Chock: So, generally, I am supportive of this and I want to see this kind of work happen. Maybe there is just...if I could just get more confidence in some specific outcomes that we could look forward to in spending twenty thousand dollars ($20,000) on this initiative I would feel more comfortable. So, I am supportive. Ms. Yukimura: Okay. Mr. Chock: I would like to see a little bit more direction on it. Ms. Yukimura: So, may I try to answer that. Mr. Chock: Okay. Chair Furfaro: You have the floor. Go ahead. Ms. Yukimura: In terms of the report out, it would be suggestions about what happens from the synergy of other group coming together, listening to experts, the issues about whether you would allow houses on the land, what the issues about allowing houses, what kind of competition process there would be for selecting farmers, who would be a manager and what kind of costs you would look at. There has been proposals for like small acreages with beginning farmers and then making sure that they would have larger acreages to move to, to actually develop a farm business. It is those kinds of very complex issues that have not been thought through in developing an agricultural park proposal. So, what would come out it hopefully, is some really good agricultural park proposal with the kind of funding. Now, the report would not do that. This is mainly a learning process because there are different parties. ADC controls Kekaha and Kalepa. The IQilauea Agricultural Association is in charge of the Kilauea lands. DHHL, and I think the Mayor and the Administration have been talking to people. I am not sure who they are talking about, but it is basically a training process for everybody who is involved in the design and planning of agricultural parks. Chair Furfaro: Okay. Mr. Bynum, you have the floor. Mr. Bynum: Yes, I just have a...again, conceptually very supportive. Did George Costa know about this proposal prior to toady? Ms. Yukimura: Yes. He knew about it last night. Mr. Bynum: And... DELIBERATION AND 60 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: Well, technically that is correct prior to today. Ms. Yukimura: And... Mr. Bynum: Well, JoAnn, here... Ms. Yukimura: No, I am being honest. I could have...I am just...I had told George about this proposal about six (6) months ago and I shared the first rough draft with Councilmember Nakamura just before she left of work with the Mayor because I was the one who put in the line item for last year's budget for an Islandwide Agricultural Park System. I saw this as the preliminary to the development of an Islandwide Agricultural Park System. So, it was in rough draft back in summer...last summer, but to work on...I mean, we had Bill No. 2491. Do I need to say more, shoreline setback, and some other things? So, it is only now that I was able to work on this proposal, but I ask you to look at the thinking and the proposal. This has been thought through and it is logical as the first step for an agricultural park...for agricultural park development on this island. It is like looking at all of the agricultural parks in the State and some are no longer in existence. Some have mainly homes on it, not farms. Others have thriving farms on it. We have to know what works and what...some have mainly landscapers like at Waimanalo. Chair Furfaro: JoAnn, you are responding to the question from a Councilmember. Ms. Yukimura: I thought I was. Thank you. Chair Furfaro: He has the floor. Mr. Bynum: I have been also looking at all of these issues and this is being worked on all over the place, right? Certainly, Economic Development has their own agenda here that is well established and Nadine who helped start that over here is now over there shepherding it. So, I am not clear how this integrates in a way that is meaningful. So, with all due respect, just like you questioned my about whether my proposal was premature. I was able to say I would discussed this with Steve Hunt, Mike Dahilig, the Chair, and had meetings. I think I was a little more prepared than you appear to be right now. So, if I ask other questions, have you consulted with the Chair of our Sustainable Agriculture Committee about this proposal? Ms. Yukimura: I think I mentioned it in passing. Mr. Hooser: Yesterday. Mr. Bynum: So, I will just cut to the chase. I believe at the Council level, bring together all of the players when there is a disjointed thing can be really valuable and it can also be not valuable. I am not...I do not know enough now to say that we should go with this visions and how it might compete or contrast or conflict or converge possibly with all of the other agricultural initiatives that are occurring. So... Ms. Yukimura: May I answer that? Mr. Bynum: Sure. DELIBERATION AND 61 MAY 13, 2014 PRELIMINARY DECISION-MAKING Ms. Yukimura: So, if you look at this, it addresses all these disparate things that are going on, would bring people altogether, and in a shared learning forum. It does not have a...it is the first step toward a vision. It is not a vision itself. I am hoping that...this is so preliminary a step compared to a big major study. This is just the convening of all people around a very critical subject that there is disparate parts to that could be both a catalyst and a way of bringing together. I did look at the discussion that Diane Zachary had. I have looked at the minutes and I think this is a nice next step to what is being suggested. It does not contradict anything or stop or go against anything that is ongoing right now, but it does address a major piece of land tenure that is going to come majorly through an agricultural park. Chair Furfaro: Okay, right there I am going to hold you. Mr. Hooser. Mr. Hooser: Yes. I support giving additional funding and support to promoting agriculture in our community, specifically promoting food sustainability, but I do not support the prescriptive nature of this particular proposal focused on just agricultural parks. I would suggest that the...it be reframed as simply food sustainability support and then we could work with the Department of Economic Development to see. There is many moving parts. The meeting that was referred to with Diane Zachary, I attended that meeting. Land availability, marketing, water. I mean, there is a lot of moving parts, and agricultural parks per se are an important component, but there may be other ways to more effectively support food sustainability than focusing on agricultural parks, quite frankly. I believe it is not up to us as a Council who none of us are real farmers, to decide what the best direction is being. So, I would suggest that we definitely approve these funds and use them to bring local farmers together to determine what their priorities are other than assert our priorities on them. Again, there are many ways I think we could improve and support expanding food sustainability and supporting local agriculture, but I cannot support the prescriptive nature of this request. So, thank you. Chair Furfaro: Okay. Any members? Mr. Rapozo. Mr. Rapozo: Thank you. Many years ago I learned in the budget process that we can approve whatever we want here and the money will go get appropriated at the Administration, but if they are not interested in doing it, it does not get done. So, it ends up just money that could have been used in the surplus or for some reason, but sits in there or worse yet, which we have seen as well, used for another purpose. So, I am looking at that number and the last ten (10) times I looked up it still has not changed. It is still three million one hundred thousand dollars ($3,100,000). Unless, again, absolutely necessary, absolutely essential, I am not going to be supporting any more additions period, plain, and simple. KPAA, I am not sure how much KPAA get from the County collectively through all of their grants and I believe it is probably upwards fifty thousand dollars ($50,000), sixty thousand dollars ($60,000), somewhere around there. Maybe more than that. I am not sure, and I guess I get concerned when we start targeting the funds to one (1) agency when other agencies can provide that service. That is, I think, in fairness to a lot of the non-profits out there. With Mr. Hooser's proposal, like I said, have them apply for the grant. I do not want to earmark, this body, earmarking moneys to any specific agency unless it is an agency that is the only agency that provides that service like the Civil Air Patrol or Red Cross or something like that, but I get real uncomfortable when we start shoving money to a specific non-profit. I do not think that is proper. I think does not give the community non-profits an equal opportunity to provide a service. I mean, I would assume that there is some great agricultural farming organizations out there that DELIBERATION AND 62 MAY 13, 2014 PRELIMINARY DECISION-MAKING could provide this, some planning organizations out there that could do this. So, this is not a hit against KPAA. I am just saying that as I look through the budget, every year it seems like there are just more moneys and I just do not think that is our job here on the Council to make that decision. So, I will not be supporting it. Thank you. Chair Furfaro: Okay. I am going to take one (1) more question and then we are going to call for a vote. We are coming up on lunch. Go ahead, Mr. Chock. Mr. Chock: Okay. Just two (2) things that I need in order to support this. One is a nod from our Director at Office of Economic Development that he will follow through on this or not and then two, I have some issues with paying for lunch for this as well as venue costs. I mean, I am being nitpicky, but that is what we are doing. I just think that we need to really...we have to be creative in what to spend our money on or would spend our money on. Bring people here, the right experts here to be a part of the program, but I want to relook at the twenty thousand dollars ($20,000) is my second request. That is all. Thank you. Chair Furfaro: JoAnn, and then I am going to call for a vote. Ms. Yukimura: I just wanted to respond to Councilmember Hooser's concerns. I do not object to making it more general. The reason why I focused on agricultural parks is because the tenure issue is so important and there is movement in that direction already in a lot of different places. So, it is a means to getting to all these others issues because without production the issues of transportation, marketing, and value added all of this is not much to talk about if you are not first producing the food. So, that is why I focused on this, but I am open to using this money to move forward. The thing is that sometimes it has gotten so generalized that it has not manifested in any specific results. To Councilmember Rapozo's concerns about specifying it to an agency, these are non-profits that do planning works. I am open if Economic Development would like to go through a selection process as Councilmember Rapozo himself said. Nothing is set in stone when we pass this because it is all in the discretion of Economic Development, but I want to point out that one of the greatest successes using an agency, for example, like Kauai Economic Development Board (KEDB), has been the Creative Technology Center. We needed it, a consultant like that, and we needed somebody...we needed an entity like Kaua`i Economic Development Board who had the expertise to know...reach out and find the right consultant and to manage the consultant and introduce them to the community. So, we saw the results of really good work by a non-profit working with a consultant. That has been our model in several case were we have had success. It has also been places where it is not. So... Chair Furfaro: So, on that note, I am going to call for the vote. We have a motion... Ms. Yukimura: I would like to amend it to make a generalized agricultural production or food sustainability support. Ms. Yukimura moved to amend the motion to add funding in the amount of$20,000 for"Other Services—Agriculture Production/Food Sustainability Support." Mr. Bynum: I have a question about that. Chair Furfaro: Go ahead. DELIBERATION AND 63 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Bynum: So, that would make this an additional twenty thousand dollars ($20,000) to Economic Development to support their current agricultural initiatives in essence? Ms. Yukimura: With consideration for what has been discussed here, but they will make the final decision. Mr. Bynum: Okay. Thank you. Chair Furfaro: Okay. Do we all understand that the title has changed? Mr. Rapozo: You need a second. Mr. Bynum seconded the motion. Chair Furfaro: Thank you. All those in favor of the change, please. Ms. Yukimura: Of the amendment. Chair Furfaro: Of the amendment. The motion to amend the motion to add funding for "Other Services —Agriculture — Ag Production/Food Sustainability Support was then put, and unanimously carried. The motion to add funding to the Office of Economic Development in the amount of twenty thousand dollars ($20,000) for "Other Services —Agriculture Production/Food Sustainability Support was then put, and carried by the following vote: FOR ADDITION: Bynum, Chock, Hooser, Yukimura, Furfaro TOTAL— 5*, AGAINST ADDITION: Kagawa, Rapozo TOTAL— 2, EXCUSED & NOT VOTING: None TOTAL—0, RECUSED & NOT VOTING: None TOTAL—0. (*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Council Chair Furfaro was noted as voting silent, but shall be recorded as an affirmative for the motion.) Chair Furfaro: Okay. So, we have 4:2, one silent. It is 5:2, passes. On that note, we are 12:45 p.m. We are back at 1:45 p.m. There being no objections, the Committee recessed at 12:43 p.m. There being no objections, the Committee reconvened at 2:00 p.m., and proceeded as follows: Chair Furfaro: Okay. I think there is a couple housekeeping items we still have to review here, and I think that was what we said we would do when we got back from lunch. That, in fact, will be the travel piece. If it does not bother anybody, I would like to first address it from the standpoint if it does include the Council rates, I DELIBERATION AND 64 MAY 13, 2014 PRELIMINARY DECISION-MAKING would like to start by basically saying there is a reconsideration, just to get the piece straight. Do we have a motion for a reconsideration of request? Mr. Rapozo: I am sorry. On what section? Chair Furfaro: We voted on the travel. Mr. Kagawa has some changes, but Mr. Chock is the vote that would require a reconsideration. Mr. Kagawa moved to reconsider the motion to reduce travel to Fiscal Year 2013 actual amount in the amount of$344,959, seconded Mr. Chock. Chair Furfaro: Got enough to orchestrator here. So, there is a motion to reconsider... Ms. Yukimura: I second it or did somebody second it? Chair Furfaro: We got that. Ms. Yukimura: Okay. Chair Furfaro: We have a motion and a second for the reconsideration. I will let Mr. Chock speak first on his willingness to reconsider and then I will give the floor to you, Mr. Kagawa. Mr. Chock: Thank you, Chair. For the record, I think what the motion here was that Mr. Kagawa will be the reconsideration on the vote. We did have a discussion on the proposal as it has come together, some of our ideas along with the Administration. So, that is what you have before you. I will turn the floor over if it is okay with you, Chair, to him. Chair Furfaro: That is fine. Mr. Kagawa: I guess in discussion with the Managing Director and Steve Hunt, we found out that perhaps reverting back to 2013 would unfairly take away travel funds when the travel funds were already I guess, discussed, I guess, in detail as to what Department had plans for the particular travel. Instead, I think we have a better compromise with this request by Managing Director Nakamura, and thanks to her she came up with something that came from the Administration that amounts to one hundred thirteen thousand dollars ($113,000). So, while we would be losing a little over two hundred thousand dollars ($200,000), these cuts are coming from them and if I stuck to my guns with the three hundred thirteen thousand dollars ($313,000) I believe we would be losing a vote and I would have zero (0) instead. So, I will work with Councilmember Chock and support this new amended version. The two (2) major hits come to the Police and Fire. So, before we get into a heated battle about that, let me just explain a little bit about where they went and where maybe perhaps they need to be reigned back in. In 2013, well, the current request let us say, the Police, is going down to about eighty thousand dollars ($80,000). So, for this current budget they will be getting eighty thousand dollars ($80,000) when they asked for one hundred thirteen thousand dollars ($113,000). So, their cut is about thirty-three thousand dollars ($33,000), but the eighty thousand dollars ($80,000) is still up thirty thousand dollars ($30,000) from last year. Last year they got fifty-one thousand dollars ($51,000) in travel. So, you could say that they are getting a hefty increase to their travel budget compared to last year of thirty thousand dollars ($30,000). So, up from fifty-one thousand dollars ($51,000) to thirty thousand dollars ($30,000) this DELIBERATION AND 65 MAY 13, 2014 PRELIMINARY DECISION-MAKING year and we still managed to take away thirty-three thousand dollars ($33,000) from them. For the Fire Department, their request was for one hundred thirty-six thousand dollars ($136,000) and the Managing Director was able to reduce that budget by forty thousand dollars ($40,000) and their current...for next fiscal they will be having ninety-six thousand dollars ($96,000), which is down from the one hundred twenty-five thousand dollars ($125,000) they received in 2013. However...no, from 2014. However, in 2013 their budget was only seventy-seven thousand dollars ($77,000). So, you could say in two (2) years they still jumped up about twenty thousand dollars ($20,000). So, it is still, I would say, it is still an increase and I think this is a good compromise. I hope Councilmembers will support this version. We had a much more stringent version the first time around, but I think is something that everybody can certainly live with a lot better than the previously proposal. So, I will be supporting it. Chair Furfaro: Okay. Mr. Kagawa: Thank you, members. Chair Furfaro: Discussion? Mr. Rapozo: Mr. Chair, just process. We should probably vote on the motion to reconsider. Chair Furfaro: Oh, that is true. Mr. Rapozo: And then get that so that it is officially on the floor and then Mr. Kagawa could introduce the... Chair Furfaro: It was the chicken and the chow fun at lunch that made my sleepy here for a moment. Yes, very good. The motion to reconsider the motion to reduce travel to Fiscal Year 2013 actual amount in the amount of$344,959 was then put, and unanimously carried. Chair Furfaro: Okay. Mr. Rapozo: Now you can make your motion. Chair Furfaro: Now, we need the new motion. Mr. Kagawa moved to reduce funding for travel in the amount of$113,004, seconded by Ms. Yukimura. Chair Furfaro: I have a second from Councilmember Yukimura. Discussion? JoAnn, you have the floor. Ms. Yukimura: I really appreciate the work that has gone into this. So, thank you, Councilmember Kagawa, Councilmember Chock, and Managing Director because I was really uncomfortable with just a broad brush cut and by really scrutinizing and trying to understand what is cuttable or reducible and what is not, I think, we are trying to achieve the goal of reducing the expenditures without unduly and adversely affecting our operations. So, thank you very much. Chair Furfaro: Further discussion? DELIBERATION AND 66 MAY 13, 2014 PRELIMINARY DECISION-MAKING Ms. Yukimura: Let us see. These are selected Departments, right? Mr. Kagawa: Yes. I believe... Ms. Yukimura: It is not every Department? Mr. Kagawa: No. It is only Prosecuting Attorney, County Attorney is giving up six thousand dollars ($6,000), Prosecuting Attorney four thousand dollars ($4,000), Finance giving up five thousand five hundred dollars ($5,500)... Ms. Yukimura: I see here. Mr. Kagawa: Yes, and Civil Defense has indicated that they will be trying to recover those moneys and perhaps more via grants. Ms. Yukimura: I appreciate all the work everyone has done. Thank you. Chair Furfaro: Okay, I am going to ask Managing Director to come up since she was a big contributor to this. Nadine, welcome to your old hometown along with Steve. There being no objections, the rules were suspended. NADINE K. NAKAMURA, Managing Director: Thank you. Good afternoon. Nadine Nakamura, Managing Director. Mr. Hunt: Steve Hunt, Director of Finance. Ms. Nakamura: So, I just wanted to mention that we did not include all of the Departments in this list. Some of the Departments, the 2013 were actually higher than the 2015 numbers. So, those we took out and then those where they really budgeted close to actuals would have been unfairly impacted by this approach. Also, if you look at the second, third, and fourth pages, there is a breakdown by line item. So, I think that is the information you need for your budgeting purposes. This was generated by the Department Heads. Also, the only one that does not have the details, but I did receive it over the phone during lunch time is from the Auditor's Office. So, there is a breakdown there that I will be giving it to staff. I will add those numbers onto this list and then get them over to staff. So, that is also part of this...the total budget cuts. Ms. Yukimura: Thank you. Chair Furfaro: Fair enough. Mr. Kagawa. Mr. Kagawa: Thank you. I just wanted to kind of point out that the County Auditor cut was not asked for by the County Auditor's Department. Mr. Nakamura: No. We looked at all of the line items and included that one in the entire discussion. Mr. Kagawa: Okay, because the one too, I noticed that it kind of jumped. So, it was ten thousand dollars ($10,000) in 2013. In 2014 it went up to thirty DELIBERATION AND 67 MAY 13, 2014 PRELIMINARY DECISION-MAKING thousand dollars ($30,000). So, that is a huge jump. It went up twenty thousand dollars ($20,000). In this year, they are asking for basically the same amount as last year, which is twenty thousand dollars ($20,000) more. So, I think I would say that if you are looking percentage wise, that is a very fair cut. Ms. Nakamura: Okay. Mr. Kagawa: Thank you. Chair Furfaro: Further discussion? Mr. Hunt, did you want to say something? Mr. Hunt: I wanted to add a point of clarity just because we are talking about some still major increases from 2013 and more so for the public's benefit as well. A lot of the travel prior to Fiscal Year 2014 resided in other accounts. It was not in the five thousand six hundred dollars ($5,600) account. We also have training, a two thousand four hundred dollars ($2,400) account and in Personnel, a six thousand seven hundred dollars ($6,700) account. So, when you went back to Fiscal Year 2013 as a starting point a lot of the funding for travel was actually not included in just looking at the five thousand six hundred dollars ($5,600) account. So, it is not a true measure of the travel or the growth, and that was one of concerns, I guess, that was expressed, was it is not really capturing all the travel in the County, just what was budgeted or spent from the five thousand six hundred dollars ($5,600) series account. So, I mean, that was a real important issue for us to compare and I think for the benefit of the public, these increase that we are showing here are not truly increases because it does not include moneys from the two thousand four hundred dollars ($2,400) or six thousand seven hundred dollars ,($6,700) series accounts. Chair Furfaro: Thank you for giving us a briefing on the chart of accounts. Mr. Hunt: Thank you. Chair Furfaro: I appreciate that. Mr. Hooser. Mr. Hooser: Yes. Since you brought it up, are there other travel buried in other accounts that we are not aware of? Mr. Hunt: No. That was actually the budget instructions, for Fiscal Year 2014, was to consolidate all cost that into the five thousand six hundred dollars ($5,600), so that we could track it separately because you are absolutely right. In . the past, they had been in other pockets and they would be using training as travel training and other areas. So, we had to consolidate that and list it out. There is ten (10) accounts within the five thousand six hundred dollars ($5,600) series and travel training is now one of those. So, unless you are using that account you cannot take training money and use it for travel. Mr. Hooser: So, all of the travel money is contained within the account we are taking about? Mr. Hunt: Beginning in Fiscal Year 2014, yes. Mr. Hooser: Okay, for every Department? DELIBERATION AND 68 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Hunt: Yes. Mr. Hooser: Okay. Thank you. Chair Furfaro: • My. Bynum. Mr. Bynum: So, I understand the governance...just to make sure I understand the documents that are before me the first two (2)...this is the total cut of one hundred thirteen thousand dollars ($113,000) and this is the breakdown by Department. What is this last sheet of paper here? Ms. Nakamura: The last sheet is the Fire Department's breakdown. Mr. Bynum; So, this...if we pass this it will result in a ninety- five thousand dollars ($95,000) cut for Fire or forty thousand dollars ($40,000) cut? Ms. Nakamura: Forty thousand dollars ($40,000). Mr. Bynum: Oh, because this over here says ninety-five thousand dollars ($95,000) total that will be... Ms. Nakamura: That is the adjusted account. Mr. Bynum: I see. • Ms. Nakamura: And the cuts, it will reflect forty thousand nine hundred sixty-three dollars ($40,963), which is...sixty-two (62). Mr. Bynum: So, forty thousand dollars ($40,000) from Fire... Ms. Nakamura: They must have rounded up. Mr. Bynum: ...Thirty-three thousand dollars ($33,000) from Police? Ms. Nakamura: Yes. Mr. Bynum: And this is in addition to the overtime cuts we already approved? Ms. Nakamura: That is correct. Mr. Bynum: Thank you. Chair Furfaro: Any additional questions for the Managing Director and the Finance Director? If not, thank you very much. There being on objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Okay. We have a motion and a second on this. So, I would like to do a roll call vote. DELIBERATION AND 69 MAY 13, 2014 PRELIMINARY DECISION-MAKING The motion to reduce funding for travel in the amount of$113,004 was then put, and carried by the following vote: FOR REDUCTION: Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL—6, AGAINST REDUCTION: Bynum TOTAL— 1, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. Chair Furfaro: 6:1. Ms. Fountain-Tanigawa: Six (6) ayes. Chair Furfaro: Thank you. Staff will make the appropriate adjustments here. Now, before we go to JoAnn's last one, I want to submit to you folks yesterday I had talked about identifying some Bond Fund money that is already there that was for the duplication of the bathhouses, and then I think we all agreed to put that on hold, but then Mr. Rapozo asked if I would wait until we go through the other pieces. So, again, this is Bond Fund money and I am identifying that for the general project for Islandwide Skate Park design. Ms. Yukimura moved to add funding in the Bond Fund— CIP for "Islandwide Skate Park" in the amount of$40,000, seconded by Mr. Rapozo. Chair Furfaro: Thank you. Discussion? Mr. Rapozo. Mr. Rapozo: Yes. Just for clarification, this forty thousand dollars ($40,000) is basically a transfer from the duplicate forty thousand dollars ($40,000) into a new account? Chair Furfaro: Yes. Mr. Rapozo: It is a wash? Chair Furfaro: It is a wash. Mr. Rapozo: Thank you. Chair Furfaro: Okay. JoAnn. Ms. Yukimura: I want to thank you, Chair, for introducing this. The request for skateboards has been made many, many times over several years now and I think the need is great. So, to have this money in there so that we can move toward actually getting a skate parks in our communities is a wonderful thing. Chair Furfaro: Any further discussion? If not, roll call vote, please. The motion to add funding in the Bond Fund — CIP for "Islandwide Skate Park" in the amount of$40,000 was then put, and carried by the following vote: FOR ADDITION: Bynum, Chock, Hooser, Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 7, DELIBERATION AND 70 MAY 13, 2014 PRELIMINARY DECISION-MAKING AGAINST ADDITION: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. Ms. Fountain-Tanigawa: Seven (7) yes. Chair Furfaro: Thank you very much ladies and gentlemen. I believe we have one (1) more addition. It should be our last one. JoAnn, you have the floor. Ms. Yukimura: Thank you. Ms. Yukimura moved to add funding to the Office of Economic Development in the amount of$44,000 for"Other Services - CEDS—Arts & Culture—KEDB". Ms. Yukimura: Can I get a second? Mr. Chock seconded the motion. Ms. Yukimura: Thank you. So, as we know, Kaua`i is rich in culture and arts and it is one of the clusters that is identified in our CEDS, our Comprehensive Economic Development Strategy. The question is how to leverage our rich cluster if you will, of culture and arts into economic development meaning jobs; dollars in the economy; and prosperity for our community, for artists, and cultural practitioners. At the public hearing we heard many exciting suggestions about how that could happen. They came from accomplished artist entrepreneurs who are accomplished artists first of all, but also have been able to use their art and turn it into a business as well. They testified also to areas in the United States where art has become an integral part of the economy while enriching the landscape as well in terms of things for people to do and visitors to see. So, the key elements of a successful economic development project are local champions, a good consultant or guide, a well thought out plan, and the seed money to make it happen. An example of artists stimulating our economy is what is happening in Kapa'a with First Saturday. Actually, in the room today is Kat Cowen who was the spark for this very wonderful event that happens once a month. For one of the businesses, it is just an example, but they make their month's minimum in that one (1) night which shows how wonderful this kind of stimulus can be. So, the idea with these moneys, it would go to KEDB to work with the artists in the community, the cultural practitioners, and a consultant to find the best way to turn arts and culture into successful economic development. That is it. Chair Furfaro: Okay, and I had a second? Ms. Yukimura: Oh, there was a second. Chair Furfaro: Discussion? Mr. Rapozo. Ms. Yukimura: Yes, it was you. Mr. Rapozo: In the Economic Development budget, as I go through all of the projects. This is the rough part of this job, is when...I am sure we all have received numerous requests. I mean, the last couple of days I probably had more than a dozen E-mails pertaining to this item that the public knew about, that I did not know about and I do not think Economic Development knew about it either, but I have been asked anyway, by numerous organizations that they want some County help. The hardest DELIBERATION AND 71 MAY 13, 2014 PRELIMINARY DECISION-MAKING thing for me is to tell them, "You know what, times are tough." As we look at the number that was on there, it went up I think since we came back from lunch. Well, the last time I looked at it anyway. It seems like it keeps going up. In Economic Development budget, there is for cultural programs right now, there is two hundred thousand dollars ($200,000). One hundred thousand dollars ($100,000) allocated for other projects. Those are undefined projects that I would call them "Grants-In-Aid" that organizations can apply for and compete for, but just in this budget alone, there is two hundred thousand dollars ($200,000) for cultural programs. There is a lot of programs or items in the Economic Development budget that I had highlighted because of the tough financial times that I question, but I am not going to go there. It is programs that are not very expensive, but nonetheless, add to that number that we see up there, the three million two hundred thousand dollars ($3,200,000). Conceptually, it is great. I think we want to help as many organizations and concepts we possibly can, but there comes a point where we have to say, "I am sorry, not this year." At the beginning of the budget session I made the comment that it is really do we need it this year or can it wait, and this is one that I believe can wait. The testimonies that I have received or the E-mails that I have received, very compelling, but so are the twenty (20) or thirty (30) others that I have received for other various community projects that I think this community would benefit from, but it is like the parent that has to tell the kid, "Sorry, son we cannot get that right now because we cannot afford it" and that is kind of where I am at. I am not sure, Councilmember Yukimura, if your reduction...where your reduction, where you plan on getting the funds, but this has to be tied to some funding, some money. Ms. Yukimura: I did propose some cuts that were approved. Mr. Rapozo: Amway, I cannot support this today. Thank you. Chair Furfaro: Mr. Bynum. Mr. Bynum: I am going to give my one hundred twenty-five percent (125%) support to this. I will have a question in a minute, but just to expand on the economic development, Kapa'a business town has been a particularly interest mind for a lot of years since I was on the Business Council there when I had a small business, which I do not have anymore, but what is happening in Kapa'a is exciting. We waited many years for this. I learned a lot in the last few days and I am concerned that this proposal did not come sooner and that it be fully integrated into the CEDS efforts that we are already doing and that will be the source of my question, but regardless, we have this thing that happened. I learned interesting things. Carol Yotsuda and Kanikapila and all of that, and her Garden Island Arts Council, somebody told me that she is not compensated at all. She has been carrying his ball with almost nothing for years and years and so we know from Kat's experience and when artists connect with the business community, with the Hawaiian Church, with the Historical Kauai, synergy happens. If we were on the mainland, I am supposed to say that, but if we were ion the mainland cities would be bending over backwards to fund this because the sales tax revenues are going up in Kapa`a, right, and they are. Oh, those are General Excise (GE) Tax revenues here and we do not see those. We do not see the competitive nature so I cannot sit here and say this has a direct return on investment, but it does in terms of our people, our artists, our community, and this vision that Kapa'a has had in particular. The Hawaiian Church, there by the way, hosts now craft fair on Saturdays and it had helped revitalize the funds of that Church who gives their facilities to all kinds of community groups all of the time and all of a sudden by a nominal little fee there because of this event, their Church finances are in much better shape and have a future. So, this ancillary affects just are really widespread and big. So, for all of DELIBERATION AND 72 MAY 13, 2014 PRELIMINARY DECISION-MAKING those reasons, but I will ask in writing where, for future reference how the Administration will integrate this into ongoing efforts and not have it be duplicative. Thank you. Chair Furfaro: Mr. Kagawa, then I will go to Mr. Chock. Mr. Kagawa: Thank you, Chair. I got to perform an audit of DAGS, the State Department of Accounting General Services, back when I worked for my Certified Public Accountant (CPA). It was when Ray Sato was the Head of DAGS, Kauai boy, but I remember the State Foundation on Culture and Arts having and account. It was an "S" fund I believe. As I looked on that website I see that they do, do grants and programs. We could not ask the question at the public hearing because it came up only during the public hearing that we should be looking at funding this, and normally no questions & answers (Q&A) is allowed at public hearings. I was just curious as to whether they had pursued any State funding from the State Foundation on Culture and Arts. I assumed that if they did it was not successful, but I think perhaps trying to get the grant from the source that has a knowledge in that area perhaps may be the better route rather than establish this new office on culture and arts in our Economic Development Office. I think we have Ordinance No. 960 now we have to get into. I think we are spreading ourselves so thin that I think we have to stick to what we do best and let the State do what they do best. If it comes to the pint where like I said, the State does not do the right thing and they cannot help our community and they will not fund this, then perhaps we should do it, but I do not know if the effort has been made to try and get the State funding first. So, for that reason, I will not be supporting this at this time. Thank you. Chair Furfaro: Mr. Chock. Mr. Chock: Thank you, Chair. I seconded the motion just for discussion and there are so many things that are important. Removing Mangrove, acres of it in order to restore our water system and changing mindsets of leaders so that we can affect some good social change. This project there that is being proposed is just as important if not more important, but I have to balance that with the fact that whatever comes to this...to us in front of us we need to be able to look at it objectively and I do not have that. When people come up here and boy, we take them apart in terms of grants and requests. So, I am having a difficult time. I am having a difficult time with all of the additions, actually, and that is why I do not have any additions. When entertaining these, one, I do not have anything to really look at. I am fully supportive on this and I would support it in another way if there was a way to do it or if we can find it or if that number up here was significantly higher, but right now, I am having a difficult time saying yes to this just in its current stage. Thank you. Chair Furfaro: Okay. Mr. Chock: Oh, sorry. Not higher, lower. Chair Furfaro: Mr. Hooser, did you want to comment? No? JoAnn. Ms. Yukimura: Yes. Oh... Mr. Hooser: Go ahead. Ms. Yukimura: I guess the most...the thing I can point to is the Creative Technology Center, which was first the cluster of...let us see, Science and DELIBERATION AND 73 MAY 13, 2014 PRELIMINARY DECISION-MAKING Technology, Sustainable Technology Practices, one of those clusters anyway. It was convening the local people involved in this cluster and working with them to develop a concrete plan for how to best leverage this cluster into economic development. So, that is the model that we are looking at. In fact, we have been in extensive conversation with KEDB and with some consultants about how this might be done. That is the intention here. So, that it would be after this phase that you would have some concrete proposals, but this is the due diligence that a lot of projects do not do because they just go for a concept and start funding it right away. This is kind of a feasibility exploratory stage to try to really look at all of the options and with the help of a consultant who knows how to do this, work on the most viable ideas. Certainly, there is a piece that has been developed, which I think you were sent, but you can look at it. It is a very general piece, but some of the ideas that were talked about and the focus for some reason has been on Rice Street, which is already an Economic Development target with our Planning Department, with our housing project down there, and with the kinds of walkable smart growth improvements that are going to be made there. So, that is one of them. There has been talk about a Cultural & Arts Commissioner that could be a liaison just the same way that our Film Commissioner is and our Elderly Affairs Executive, and so forth. Then there is...so that idea, but we are not proposing those ideas. Those are the ideas that are going to be explored. When you talk to the artists just like we talked to the farmers, they are talking about the need for store fronts that can have retail, education, and training. So, that is also the ideas. Then there is an ongoing project now working with young people. It was described at the public hearing where all these different art groups photographers, designers, marketing, and creators are coming together training young people just to take thrift shop materials and turn them into fashion. This proposal had the support of the arts community from the long time champions like Carol Yotsuda and Carol Davis, to the younger entrepreneurs like Tori Smart and Denise. So, that is the concept and idea here. Chair Furfaro: Mr. Hooser. Mr. Hooser: Yes, Chair, I am supporting this enthusiastically even though the amount of detail that I think we should have on it, we would normally have in front of us, but if you look at the...and I think one of the prior speakers had a very good point. There are lots of worthwhile organizations that do a lot of good things in our community and I for one, would rather fund and leverage their efforts and cut overtime, cut travel, and cut a lot of the other things. I think we get a lot more mileage out of our dollars by giving ten thousand dollars ($10,000), twenty thousand dollars ($20,000), forty thousand dollars ($40,000) to a community group that has demonstrated over the years what they can do for your community with no pay at all. The example of the Kapa'a even, First Saturdays, is a small and recent one. Actually, I should say big one and recent one. It has tremendous economic impacts to our entire County and would not have happened without the community dedication and work of Ms. Cowen and many others in the community. There is a long list of events and activities the art community has put forward and enriched our community and our County. Again, through pure volunteer effort. A similar rationale goes to some of the agricultural proposals that were offered earlier. These are community based events or community based projects with people involved in these projects who have proven themselves for years and I would like to encourage and support that kind of activity and if it means cutting out other aspects of our government services, again, like overtime or services like that, then I am more than happy to do so. It is relatively a small amount of money in the scope of things and the payoff we get is many times, many, many times the amount of money we are putting into it. I am hopeful and would request that if we are fortunate and this goes through, that the Kaua`i Economic Development Board follow the lead of the art community and listen to them very closely in terms of how they move forward on this and how these funds are spent. So, the art community has come to request DELIBERATION AND 74 MAY 13, 2014 PRELIMINARY DECISION-MAKING it and worked so hard for it, play a meaningful role in its implementation as we go forward. So, I know it is difficult with tight budget times, but I think the leverage and the "bang for the buck" that we get out of these kinds of things are tremendous and encourage all my colleagues to vote in support. Thank you. Chair Furfaro: Mr. Bynum. Mr. Bynum: My mentor always tells me, "Just speak your mind and do not sensor." So, I thought this was really good discussion and I had two (2) proposals today that I did not have enough time to completely flush.out and I withdrew them. This has elements of that as well, no doubt. However, the things that are different about this is this group organized and is petitioning us. They are coming to us and Councilmember Hooser spoke eloquently to the nature of these individuals and who they are. These are not some folks we do not know. We are already committed to work on these things. We have an Office of Economic Development that works with a lot of these people on other projects and they are emergent issues that we are responding to. Our economic development is responding to First Saturday what I call pleasant dilemmas. We have parking issues. We have been talking about Kapa'a parking for four (4) years. There has been proposals for four (4) years. It is great now that we have a crisis, a parking crisis in Kapa`a because maybe that will put this to action. So, because these are emergent issues, because Economic Development is already working on them, we have very competent people there, and because this group petitioned us. I will never forget it. I think my first budget this young man came in and said the surface of the skate park in Kapa'a was causing road rash and all we have to do was put the same surface we put on the tennis courts. Well, you can bet we came up with that money that day. It is a similar circumstance. This group is really organized, has petitioned us, it fits, and there is emergent issues. So, those are the things that make it different for me. Thank you. I am hopeful we can come up with five (5) for this. Chair Furfaro: Anybody else wants to speak before I speak? Mr. Chock: Just one (1) clarification, Mr. Char. Chair Furfaro: Go right ahead. Mr. Chock: Is it the intent to have KEDB be the facilitator of this feasibility study? Ms. Yukimura: The answer is yes. Mr. Chock: Okay. Thank. Thank you, Chair. I am just torn on this one. Chair Furfaro: Okay. Mr. Rapozo: Mr. Chair, I had one. Chair Furfaro: Oh, go right ahead, Mr. Rapozo. Mr. Rapozo: Thank you. I know the feeling, Mr. Chock, and it is tough. It is tough, but I think at the end of the day you vote with the philosophy that you came in with. I mean, it is an emotional issue. I will say that sometimes the community can do a heck of a better job than County or KEDB or anybody. I think that is proven. I DELIBERATION AND 75 MAY 13, 2014 PRELIMINARY DECISION-MAKING think what the Garden Isle Arts Council has done over the last few years, I have personally witnessed it at the hotel that I work at night when they have their events at the hotel. I mean, it is packed, standing room only. They generate a lot of interest, but I mean, these people are doing that because of the passion for the arts. They are doing it because I do not think they do it with any expectation of compensation at all. I go back to my passion of the youth sports. I mean, if you look at all the coaches, trainers, and cheerleaders, the coaches, the board members, football, baseball, and soccer. All of these that we are talking about leveraging. I mean, these people touch thousands and thousands and thousands of kids' lives every single year. They do it without any assistance, financial assistance from the County. Not that they have not tried, believe me, I get a lot of inquiries about, "hey, can the County help" as I stated earlier? Unfortunately, we cannot. We cannot help every organization. We cannot solve every problem. We can do it sporadically. As I look through this budget, we have done more than the County's fair share in assisting in non-profits and social programs that many jurisdictions will not even touch at the County level, but we do that because this community is a caring community, but like Mr. Chock said, I think he said it best. When it gets dropped in our lap here, now, today, I did not get a copy of what you were looking at, Mr. Chock. I am not sure where you got that from, but I did not have that. I mean, I have a one (1) page thing that says forty-four thousand dollars ($40,000) and without an opportunity to vet is out, it is just difficult. It is just very difficult for me to support, but I do want to remind my colleagues that if in fact we are going to set up...the other Counties for example, and I think many of you are familiar with this. The Council sets up funds for projects. So, they allocate and you basically spend the Council's the County's allocation of projects that they want. It is your allocation. You spend it how you want. This County is not there. This County is where now we have to get seven (7) people or five (5) people to agree, but I could think of off the top of my head, I can think of six (6) right now I could have staff draft up that I think are worthy, that our return of investments would be great. I just do not think the time is right right now. I just do not think we have the disposable income or revenue to make that happen. So, I just want to be cautious. My last point is, JoAnn, you talked about the CEDS programs and I think it is a great thing. I remember when Councilmember at the time, Nakamura, brought up CEDS. I did not know what it was and I was thinking to myself, look at this newcomer coming here with some hifalutin CEDS, more money, blah, blah, blah. Turned out that in fact, it was a great thing you did, the CEDS studies. It turned out to be very good, but if you look at the budget today, what started out as the Video Technology Center...it started as a CEDS project, small. I forget thaw the original funding was and this year we are funding it to the tune of one hundred fifty thousand dollars ($150,000) because it grows. It takes on a life of its own. How many of these projects can we sustain going forward? So, I think we have to get good at what we do and then use the successful as a model for future programs, but I think to shotgun and just say we are going to do it all, we just cannot afford it. We cannot afford it, not this year, not next year and the year after. So, thank you, Mr. Chair, for the additional time. Ms. Yukimura: Mr. Chair. Chair Furfaro: JoAnn. Ms. Yukimura: I want to point out a really important distinction that this is not about funding non-profit groups. Those issues came up in our last budget in terms of a youth afterschool program and we developed a process for doing that. This is about economic development. It is...and that Kanikapila is an incredible economic development example in terms of people plan their vacations to come back and participate in those things. It sparked so much interest in Hawaiian music and it gives...it so enriches the cultural life which spills over into attracting visitors. It has all kinds of aspects and DELIBERATION AND 76 MAY 13, 2014 PRELIMINARY DECISION-MAKING what we are trying to do is make these kinds of things sustainable in a sustainable economic development. So, you cannot just run it on passion. I mean, we have an extraordinary living treasure in Carol Yotsuda, but if you want to have sustained economic growth and progress, you need to have a good foundation for that and that is what this proposal is to do. It is not just to fund a cultural program or an art program. It is to develop and economic foundation, a diversification, and support of the local arts community so they can become self-sustainable. It is a seeding, not a subsidy. Chair Furfaro: Okay. So... Mr. Rapozo: Mr. Chair, I just have one (1) question for Ms. Yukimura. Chair Furfaro: Sure. Go ahead. Mr. Rapozo: I know Mr. Kagawa kind of talked about the State Foundation of Culture and Arts. Did anyone apply for that grant? Ms. Yukimura: I think there is...as I know it, their arts projects that are funded, but I do not know if any kind of feasibility that is funded. I know that the artists have been in conversation with the State Culture & Arts Representative, who is Joel Guy. They have had conversations with him, but I do not know that money is available for this type of project. Mr. Rapozo: Well, I do not know, and I think that would be the place to start because as I look at the website and I looked at it a couple of weeks ago, that is quite an organization that offers substantial amounts of money. They have a staff of thirteen (13) people in Honolulu. I mean, it is not a...it is a huge organization that is State, that I would suggest that they go through it because they have the resources or possibly have the resources and it is not the legislature. This is an actual entity that awards grants. Thank you. Chair Furfaro: Anybody else want to say anything? Mr. Hooser. Mr. Hooser: Just as a follow-up. I think nothing precludes the organization from reaching out to other entities for grants and further support. If the Office of Economic Development or Kaua`i Economic Development Board, whoever was going to be managing this process could very well request the applicants to do that and depending on the results, structure the support accordingly. Again, I think it is a very worthwhile program. I, like all of us, have seen the benefits that have come from the individuals who are making the request. I think it is deserved. I think the money, well, financial benefit to the County will come back many times and I think moving forward, we should encourage in the future budgets, other non-profits so we can leverage their good work whether it is cleaning Mangrove or whether it is painting parks or whether it is developing art programs or training farmers. I believe that is some of the best areas that we can spend the meter dollars that we have available for community projects. So, thank you. Chair Furfaro: Mr. Bynum. Mr. Bynum: I will just try to give a new reason. Youth sports, I do not think we contribute directly to little league, right, but we do have KPAL that runs a big sports league and we have baseball fields, tennis courts, and all kinds of facilities for DELIBERATION AND 77 MAY 13, 2014 PRELIMINARY DECISION-MAKING expression of athletics and we all support that. They used to be only for men until Title IX and Patsy Mink changed that in our history. Maybe we need Title IX for artists too because they are on the sidelines kind of, so to speak, and they come to us, but it truly is framed properly. This is an economic development that is consistent with the commitments we are trying to make to the arts community already. Chair Furfaro: I am going to say what I need to say and then we are going to have to have a tape change, and then we will vote on the item after the tape change. I am trying to get us to a point at the end of the day we also know where we are at. I think there were good point and choice points on both sides here, but with this...adding this piece we will be at three million three hundred twenty-two thousand dollars ($3,322,000) short. That is by adding the forty-four thousand dollars ($44,000). So, where does that put us? Well, that puts us at a point that we are going to be reviewing the property taxes next and it tells me that yes, we are going to have to get the four (4) votes to put the resort tax back in which will give us four million three hundred thousand dollars ($4,300,000) and that will leave us one million eighty-eight thousand dollars ($1,088,000) left. Well, from that even if we put another one-half percent of one percent (0.5%) back into the Open Space Committee, that will take us to about four hundred thousand dollars ($400,000), five hundred thousand dollars ($500,000), which can go into a reserve. I think that was one of the items that we wanted to do. It is hard to talk about those things based on the fact that when we did the straw poll, nobody wanted to commit where they were at on the Resort Tax, and if nobody commits to the Resort Tax, we are three million three hundred thousand dollars ($3,300,000) short and where we go from here is the Mayor's choice, not ours. So, I just want to say that. I think there is a possibility that the Tipping Fee will pass on Wednesday. I do not feel the same about the Motor Vehicle Weight Tax. So, that will put us another five hundred thousand dollars ($500,000) the other way, and then there goes the contribution to the Reserve Fund again. So, for the purpose of supporting this at this point, I will probably go along with it, but I want to tell you, at the end of the day, I reserve the right if we are negative to find ourselves not able to balance any kind of budget that this might be an item that I have to come back and revisit. So, on that note, can we take a roll call vote for the forty-four thousand dollars ($44,000)? The motion to add funding to the Office of Economic Development in the amount of $44,000 for "for "Other Services - CEDS —Arts & Culture — KEDB"was the put, and carried by the following vote: • FOR ADDITION: Bynum, Chock, Hooser, Yukimura, Furfaro TOTAL— 5*, AGAINST ADDITION: Kagawa, Rapozo TOTAL— 2, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL—0. (*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kaua'i, Council Chair Furfaro was noted as voting silent, but shall be recorded as an affirmative for the motion.) Chair Furfaro: So, it is four (4), one (1) silent, and two (2) no's. It passes 5:1. Again, I want to support it. I went silent because we are chasing three million three hundred twenty-two thousand dollars ($3,322,000). We are going to do a tape change. There being no objections, the Committee recessed at 2:52 p.m. DELIBERATION AND 78 MAY 13, 2014 PRELIMINARY DECISION-MAKING There being no objections, the Committee reconvened at 3:08 p.m., and proceeded as follows: Chair Furfaro: Okay. Here we are at seven (7) minutes past 3:00 p.m. and I want to have a draft budget that gets completed today. We do not have any more posting time after today with the way our decision-making was setup. So, let us be prepared to stay very focused and also let us be very sincere about some of the realities here. I did summarize for you a little bit on my last silent vote that we are chasing three million three hundred twenty-three thousand dollars ($3,323,000) at this point. We have the Resort Tax piece that is in the Mayor's budget. I want to also remind you that if we vote on these tax pieces that are actually in the Mayor's proposal, we will need four (4) votes. If we have items that go that increase those, by our own Rules, we will need five (5) votes, okay? So, as I said to everybody when we got to his point I would allow people to have ten (10) minutes to go around the table, and thank you for Mr. Hooser's comments who I first said I would give five (5) minutes around the table and he indicated that we probably should get at least eight (8) minutes, and then we compromised by going with ten (10) minutes. We are at a point, before we go into the revenue cycle to give each of you the time for that discussion. Is there anybody who wants to start their ten (10) minutes? You will start, Gary? Go ahead. Mr. Hooser: And I do not need the full ten (10) minutes. Chair Furfaro: Well, we will put you on the timer. Mr. Hooser: Okay, and any time I have left, I will yield to Councilmember Bynum. Chair Furfaro: Okay. Mr. Hooser: We have been working together on this and I have to give him, really, the credit in terms of the person who understands the spreadsheets and puts them all together. He has spent hours and hours and hours on this. So, I will cover the broad strokes if you would. I have said from the beginning when I first came in that what was import to me was for this Council to show leadership in the face of adversity, if you would. The budget that was presented by the Administration had a four hundred thousand dollars plus ($400,000+), just a small plus, cushion and the Bond Council has downgraded our bonds and we do not have a sustainable budget as presented. I feel it is our commitment of our obligation as a Council to turn that around significantly. So, the budget revenue projections that Mr. Bynum will cover here in a second will increase the remaining Fund Balance at the end of the day, to around four million five hundred thousand dollars ($4,500,000) plus or minus. We will get the exact numbers after I am done talking. I am talking in broad strokes. It will include some modest tax relief for people that owner-occupy their own homes. I think that is very, very important to me, and will not quite be a balanced and sustainable budget, but it will be significantly further along than we have had, in my opinion, in a long time. Certainly, further along. Much further along that what was presented to us a short time ago by the Administration. I think we need to send a strong and clear message to the community and to our Bond Council that we are serious about this. We are serious about rebuilding our reserves. We are serious about getting close to a sustainable budget that money coming in equals money going out. I commend my colleagues for making the cuts that were made in the process. I commend Councilmember Rapozo for the OPEB proposal and if there was will to increase that even more perhaps to the amount the Mayor had originally proposed, that would give us that much more reserves even though given that there are obligations that they are still DELIBERATION AND 79 MAY 13, 2014 PRELIMINARY DECISION-MAKING in reserves and they would still increase, in my opinion, the fiscal stability of this County. So, that in a nutshell, is my remarks. Again, broad strokes, about this Council turning the ship of state around the budget, if you would, and rebuilding some faith and confidence from the Bond Council and getting us on track. Thank you. Councilmember Bynum... Chair Furfaro: How much time is that? Ms. Arakaki: He used three (3) minutes. Chair Furfaro: Okay. So, we will give seven (7) minutes to Mr. Bynum at your request. Mr. Hooser: Okay, and he will complete the proposal. Chair Furfaro: When the time comes. Who would like to speak next? Okay. So, I will give you...no? Mr. Bynum: My laptop battery died and she is helping me. Chair Furfaro: Okay. We will go to JoAnn. Ten (10) minutes, set the timer, please. Ms. Yukimura: Oh, you want to go first? Mr. Bynum: Please. Ms. Yukimura: Oh, okay. (Inaudible). It is fine with me if Mr. Bynum goes first. Mr. Bynum: I am sorry. I am just a little at a disadvantage because the laptop battery ran out. Chair Furfaro: So, let me ask a question. Are you not going now, JoAnn? Are you going to let Mr. Bynum go now? Ms. Yukimura: Yes. Chair Furfaro: Okay. Mr. Bynum: No, I am... Ms. Yukimura: Are you ready? Mr. Bynum: Councilmember Hooser and I are proposing these rates together so I wanted to follow-up. Chair Furfaro: Okay. Set the clock for seventeen (17) minutes. Mr. Bynum: So, what I have heard during the course of this is a lot and I think Councilmember Hooser and I have tried to incorporate all of the mana`o we have heard here. The Mayor's proposal was to put OPEB back one hundred percent (100%). That was a strong effort for...and for other Councilmembers. That was a high priority. For me and others, a high priority was maintaining Fund Balance, maintaining a DELIBERATION AND 80 MAY 13, 2014 PRELIMINARY DECISION-MAKING reasonable Fund Balance. If I had my way we would take the Mayor's proposal about OPEB and keep the Fund Balances fully intact, but during the course of the discussion, the Council votes and accepted about one million six hundred thousand dollars ($1,600,000) contribution from OPEB. So, the proposal we are putting forward does not go any further with that. It honors that is as far as we are willing to go with it, but it does increase revenues by about four million four hundred thousand dollars ($4,400,000) above what the Mayor proposed. It uses that primarily to fund the shortfall and to decrease the draw on the Fund Balance. So, we are not doing these increased revenues to spend more money. We are doing it to not draw down on our Fund Balance. So, to me, it is a really good compromise that hits the place in the middle. Now, this is also the year we have reset taxes for all the categories. So, I do not know if the rates have been passed out, but I want to be specific about the rationale for each rate because this changes all of the rates some. When the Mayor presented his proposal it was his first rate increase that I recall him ever proposing, and it was forty- three percent (43%) on hotels, that is a twenty-three percent (23%) increase all at once. It was a big one. Hotels are ready for it. They have been ready for it since 2008 and I will not go into all of that, but they have been on notice since 2008 that we were undervalued in the resort sector and we were going to make this adjustment, but the Mayor did not propose any rate increase in Vacation Rental class, which we created this year. That has transient accommodation, Vacation Rentals. It has condominium units that are used for vacation rental purpose. We created this category for some people that increase their taxes by moving into the category, but we have been saying here for a long time that we are going to increase taxes on Vacation Rental category and the hotels. So, this does an increase on the Vacation Rental category that generates three million eight hundred thousand dollars ($3,800,000) in revenue. It does a small increase on the Residential class, which now the way we are restructured, has homes that are used for commercial purposes. They are rented at long-term or they are used for other commercial purposes and rented at market. If they are rented at affordable, they would not be in this class because we have created this great incentive for long-term affordable, they would be in the Homestead class. This is a relatively modest increase in this category along the lines of do we want to keep...do we want to spend our borrowing down to nothing or do we want to get closer to having the revenues that equal our obligation? So, Commercial and Industrial only go up ten cent ($0.10). It is very little change because they did not have a big drop in their taxes during the downfall like Resorts, Agricultural, and other classes did. Industrial, Agricultural, and Conservation go up thirty-five cents ($0.35). So, all combined, it has increased revenues by going back to the Mayor's eleven dollars ($11) of eight million seven hundred forty-five thousand dollars ($8,745,000). That more than makes up our differential and reduces our draw on the Fund Balance. This does not spend money somewhere else. It reduces the draw on the Fund Balance. Now, the last class that I did not discuss is the Homestead class. We now have a Homestead class that includes all resident homeowners who use that as their primary residence. It also includes, if you had two (2) homes and one (1) of them was affordable, you would stay in that class, on your lot. If you are a landlord and you have rental and you were rented affordable, you are in this class. This is the kama`aina class. This is the class of the people who live and work here. It is a fact that during the economic downturn hotels, resorts, out of State landowners, second homes that are in the Residential class got big decreases in taxes by us not adjusting rates while at the same time resident homeowners had increases. They did not get the decrease we did. I have been arguing for this kind of reset for a long time. Last time...anyway. So, this has very modest decrease in taxes for homeowners by setting the rate at two dollars and fifty-five dollars ($2.55). It is about, and I do not have the spreadsheet here, but it is about one million four hundred thousand DELIBERATION AND 81 MAY 13, 2014 PRELIMINARY DECISION-MAKING dollars ($1,400,000) of additional relief bringing the total relief to this class of like three million four hundred thousand dollars ($3,400,000) when they were entitled to five million four hundred thousand dollars ($5,400,000) at least. The last point about that is this is the reset year and if this laptop comes up I can tell you the numbers. As I mentioned, all of the people that were in this Homestead class, and I had hoped to show you this chart that is on this. Some are paying very high taxes, some very low. This year, they are all going to pay market taxes. We agreed on that. This is a report and structural change, but that means that people that have been paying low taxes are going to have increases. If we lower this Homestead rate, the amount of people having increases goes down and the sizes of those increases go down. So, I want to put more economic vitality into the hands of the people that live here so they can spend it in our local businesses, but more importantly, people that have been around know I have been pursuing this tax relief for five (5) years. I lost. It did not happen. We could make a little modest adjustment this year, but we cannot make the big one I had hoped for. We can make a modest one this year and we can move to a very close sustainable budget. Next year, we can make up that one million six hundred thousand dollars ($1,600,000) in OPEB, next year. That is about revenue forecasting, but our revenue outlook is not bleak. It is not great, but it is not bleak. Steve has already announced that he has proposals to put before the Council for next year that will increase revenues. I have one (1) that is coming very soon. So, this is the year we have to get through and do the reset. So, I would love to entertain questions or other ideas about how we make up this shortfall, but to me, this draws no further down in OPEB, but it leaves about five million five hundred thousand dollars ($5,500,000) in our Fund Balance. It will make the Fitch and Moody people happy. Now, that is not my goal, but that also is a benefit. Chair Furfaro: You still have eight (8) minutes. Mr. Bynum: If I can get... Chair Furfaro: That was the ten (10) minutes line that went over. Mr. Bynum: I would love to put this spreadsheet up here so you can...which is coming up now. It has power. Chair Furfaro: okay. So, wala'au a little bit more while the power is coming up. Ms. Yukimura: Can we ask questions? Mr. Bynum: Absolutely. Chair Furfaro: Freeze the time here. It is on his clock time. You can ask him questions afterwards. I want to give him all of his clock time first. Ms. Yukimura: Okay. Mr. Bynum: It is a thirty-eight (38) megabyte spreadsheet. So... Ms. Yukimura: Process question while we are waiting. DELIBERATION AND 82 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Bynum: Yes. Ms. Yukimura: Chair. Chair Furfaro: Okay. We are now...freeze his time. Go ahead. Ms. Yukimura: So, I guess we could ask him questions or we could go around making our revenue comments and then have question and answer. Mr. Bynum: Well now that I have this, I am ready. Chair Furfaro: Okay. Ms. Yukimura: Oh, he... Chair Furfaro: This is what we are doing. There is not changes to this rule. Ms. Yukimura: Okay. Chair Furfaro: Mr. Hooser gave seven (7) of his minutes to Mr. Bynum. Ms. Yukimura: Right. Chair Furfaro: Mr. Bynum has the floor, his ten (1) minutes plus seven (7). He can talk about his presentation here while his screen gets booted up, okay, and it seemed to be coming? Mr. Bynum: Yes, it just does not have...yes. Mr. looser: There is it. Mr. Bynum: Very close. Chair Furfaro: There it is. How much time here is on the clock? Ms. Arakaki: Eight minutes fifty-one seconds (8:51). Chair Furfaro: Very good. It is unfrozen at eight minutes fifty-one seconds (8:51). Mr. Bynum: If I could get some help just for a second here while I talk. So, what is up on the screen shows the change in tax rate on the far right and the tax revenue or minus. So, by moving the tax rate to two dollars fifty-five cents ($2.55) in Homestead, it generates one million seven hundred thousand dollars ($1,700,000) of tax relief for that class. So, that is a minus. Then you go to Residential, which are these second homes, homes rented long-term at market, and out of State homes, those kinds of folks. That goes up thirty-five cents ($0.35) and it generates one million nine hundred thousand dollars ($1,900,000) of additional revenue. Vacation Rental is the class that the Mayor...that is tied to the resort industry. The Mayor went two dollars ($2) on Hotels. We are suggesting one dollar forty-five cents ($1.45) on Vacation Rental and that is a big hit. That is what they expected. It is part of the Resort class and those increases in the Resort DELIBERATION AND 83 MAY 13, 2014 PRELIMINARY DECISION-MAKING class are still well below our loss from Transient Accommodations Tax (TAT). So, Hotel & Resort remains at the Mayor's proposal, but in this thing shows a two dollars ($2) increase, but going to the eleven dollars ($11) that the Mayor proposed. Commercial and Industrial have these modest increases of ten cents ($0.10) and Agricultural and Conservation similarly thirty-five cents ($0.35) increase. Commercial and Industrial less. Again, because during the economic downfall they did not get a big tax break like the Residential class, the out of State owners, the hotels, resorts, Vacation Rentals, and Agricultural. During...between 2008 and 2010 had big reductions in taxes. So, altogether this generates eight million seven hundred thousand dollars ($8,700,000) more filling our gap that was up there and then reducing our draw on the Fund Balance. As soon as somebody can do that math, we can have it and then calculate...I did not understand this too well, the second page. Ms. Yukimura: Who did it? Mr. Bynum: Maybe...yes. Chair Furfaro: While they are talking, just in round numbers this does not generate eight million seven hundred thousand dollars ($8,700,000) more than the Mayor's proposal. It generates four million four hundred thousand dollars ($4,400,000) more. Mr. Bynum: Right. Chair Furfaro: Because you already counted the four million three hundred thousand dollars ($4,300,000) in there. Mr. Bynum: Did we get these rates? Anyway, yes. So, I can explain the second page. Of the Real Property Tax (RPT), this has an eight million seven hundred thousand dollars ($8,700,000) increase to Real Property Tax when it includes the Mayor's proposal. Chair Furfaro: That is what I wanted to say. Mr. Bynum: Right, and so when it does not include it, it is about four million four hundred thousand dollars ($4,400,000). So, we kind of went with the Mayor's proposal and then looked for this additional revenue. Then you look down and it says one million one hundred twenty thousand dollars ($1,120,000). One million one hundred twenty thousand dollars ($1,120,000) has to go to the Access Fund because we did not vote to take from there. That makes the shortfall three million two hundred twenty-nine thousand eight hundred eighty dollars ($3,229,880), right, and then this four million two hundred ninety dollars ($4,290,000) is revenue above that. So, this four million two hundred ninety dollars ($4,290,000), by default will go to the General Fund and will reduce the draw on the Fund Balance. So, we will maintain what Government Finance Officers Association (GFOA) says is a prudent minimum reserve. Under the proposal we are draining our Fund Balances almost to zero (0). We go to three percent (3%). GFOA said, "Five percent (5%) minimum" and Wally Rezentes on behalf of the Administration stood up here and said, "No, we want fifteen percent (15%) or twenty going to need more than five percent (5%). We cannot go down to three percent (3%) responsibly in my view and I think others believe that. Chair Furfaro: That was three (3) more minutes, Mr. Bynum. DELIBERATION AND 84 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Bynum: Oh, okay. So, I am kind of done other than to get these in here and say...oh. The important one is...let us put this at two point five (2.5). Ms. Yukimura: It disappeared. Mr. Bynum: The last piece is the count of increased taxes under this proposal... Chair Furfaro: It is aloha. Mr. Bynum: Under this proposal with the Homestead rate at two dollars fifty-five cents ($2.55), two thousand five hundred seventy-six (2,576) taxpayers in the Homestead class are going to have tax increases and...oh, this one does not...I used to have the average in here. If we stick at three dollars five cents ($3.05)...do that. Then four thousand six hundred (4,600) local taxpayers are going to have increases and the average is going to go up about two hundred dollars ($200) to I think it is three hundred fifty dollars ($350) on average. So, we never did this reset to kind of...that was anticipated in 2008. In 2008 the Administration proposed a thirty-five percent (35%) reduction in homeowner's taxes. It did not happen. It went up. Then they have come down depending where they were. This will bring them down just a little bit. I am kind of pau. Chair Furfaro: You are finished? You are complete? Mr. Bynum: I think there are many others ways to analyze this, but I think this is a really balance approach based on what I think everybody's priorities were during these last two (2) days. Chair Furfaro: Thank you. Begin to call the time now. Now let me ask other members, do other members have presentations at this time inside your ten (10) minutes? If not, I am going to ask for... Ms. Yukimura: I do. Chair Furfaro: You have another presentation? Okay. Get ready, we are going to give JoAnn the floor, and we are going to count her ten (10) minutes. Ms. Yukimura: So, I promised that I would have a proposal to offset my no vote on the Open Space law, which...and that Bill would have taken a way to the Open Space Fund by about one million dollars plus ($1,000,000+). I wanted to just let everybody know, and I am open to a lot of other ways to do it. I guess I first looked at increasing the Hotel rate by another fifty cents ($0.50) to generate one million dollars ($1,000,000) because the visitor industry does greatly impact out open spaces. You can look at Po`ipii Beach Park, Salt Pond, Hanalei, Black Pot, and the visitor use on those beach parks are great, but I really hesitated because of the rate increase already proposed by the Administration. So, I looked instead at the Residential class, which is mainly second homes. They are not owner-occupied classes and if we increased the rate by twenty cents ($0.20) it would generate one million dollars ($1,000,000). I am thinking that they are also using our parks and could pay a small bit, per one thousand dollars ($1,000) is twenty cents ($0.20) on one thousand dollars ($1,000) additional to what they are paying. That would generate one million one hundred fifteen thousand two hundred eighty-seven dollars ($1,115,287) and I think it makes that class bear its share of open space impact and allows us to keep the Open Space Fund intact so we can accumulate the moneys that we will need to acquire new open space, public access, any major acquisition to expand our Open Space DELIBERATION AND 85 MAY 13, 2014 PRELIMINARY DECISION-MAKING Fund. (See Attachment 4) I also looked at, and this is...increasing all tax classes by ten cents ($0.10) with the idea of replenishing the reserve Fund by about one million three hundred thousand dollars ($1,300,000). That means everybody does...every class does its share on a very small amount, ten cents ($0.10) per one thousand dollars ($1,000) valuation, but putting all of us back because the reserve is a basic indicator of the health of our budget, putting all of us back better in some replenishment of the Reserve Fund. (See Attachment 5) So, those were two (2) ideas that I put forth for consideration. I think this is a good practice that we are doing right here to look at various alternatives and achieve our budgetary goals, which is a healthier reserve, not raiding the Open Space Fund, a honed down budget that tries to cut as much fat or at least take some share for every Department, every operation which I know the Administration has worked hard on and still fund some of the initiatives for the future, which we have to keep doing if we are to do our job and prepare for the future. Chair Furfaro: Okay. Mr. Kagawa. Mr. Kagawa: First of all, I would like to say that we, myself and Councilmember Rapozo, have a third option. (See Attachment 6) First of all, I would like to thank Councilmember Bynum and Councilmember Yukimura for their proposals. It is very clear and easy to understand where the proposed increase will take place. I think myself and Councilmember Rapozo, and I am talking broad, as Councilmember Hooser, broad strokes. We are looking at splitting the difference between both the Vacation Rental and Hotel & Resort classes. So, instead of...like Councilmember Yukimura is just sticking with the Mayor's proposal at raising four million three hundred thousand dollars ($4,300,000), we are looking at raising only one dollar ($1) and getting two million one hundred fifty thousand dollars ($2,150,000) out of there and we will be getting the rest of the two million one hundred thousand dollars ($2,100,000) or whatever from the Vacation Rental. So, that is basically our proposal in a nutshell. I will give the rest of my time to Councilmember Rapozo, but I just wanted to give my overall view, Mr. Chair, that if I have to choose between Councilmember Bynum and Councilmember Yukimura's proposal, I will pick Councilmember Yukimura's, but I had one (1) question for her. Maybe I can ask it later, but is that the assumption that the Residential class is more non-residents or what is the rationale for just selecting that one class, the Residential class? Chair Furfaro: Go ahead. Do you want to respond? Ms. Yukimura: May I respond? Yes, these are basically, I think, second home owners because these units are not their primary home. So, it is a different situation where it is the sole property and home of a group. Mr. Kagawa: I guess my next question would be if these are second homes and they are in the Residential class, are not all of those Residential homes being rented out to local residents and what would be the effect of them on the rent? I understand that it is not a really huge increase, but I was just wondering whether we considered that perhaps may trickle down to the local families. Ms. Yukimura: That is a consideration. They are renting, however, those who are renting at low rates, at affordable rates, by our Real Property Tax laws are not in that category. They are getting the rates of the homeowner occupant rate. Am I correct? Those who qualify for the long term affordable rentals are not being charged the rate of the... DELIBERATION AND 86 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Kagawa: I understand. If they go out and fill out those forms from the Real Property Division, right? Ms. Yukimura: Right. So, they do have to be lower rents, but they are the ones who are providing affordable rentals to our people. Mr. Kagawa: So... Ms. Yukimura: The assumption is that the others are renting, but at market rates. Mr. Kagawa: Okay. Ms. Yukimura: So, it is an investment property in that respect. Mr. Kagawa: I understand. You are saying that for those that have affordable rents and for those that need the prices to be the lowest for that class that needs it the most, they are not going to be affected? Ms. Yukimura: Those landlords who are renting at the standards that qualify for a long term affordable rental are not being affected by this rate proposal. Mr. Kagawa: Thank you. Chair Furfaro: Did you folks finish your presentation, Mr. Rapozo? Do you want... Mr. Kagawa: He has the rest of my time. Chair Furfaro: Oh, you have the rest of his time? How much extra time is that? Ms. Arakaki: Eight (8) minutes. Chair Furfaro: Okay. Mr. Rapozo: And I just purchased Councilmember Chock's ten (10) minutes for one hundred dollars ($100). So, I have like twenty-eight (28). Chair Furfaro: Very skillful. Mr. Rapozo: Yes, not bad, right? Chair Furfaro: Very skillful. Go right ahead. Mr. Rapozo: I guess I will just, and thank you to Councilmember Kagawa for bringing up the proposal. We are here today because of the way we have performed. We meaning collectively, the administration and the Council. When times were good we did a lot and it has caught up. Now the economy and many other reasons have caused us to be in this predicament that we are in. This was not the fault of the public. The public does not vote on this. The public does not spend the money. We do. They should not be penalized for action that they were not responsible for. I tried to convince myself not to support any tax increases this year, but after going through this DELIBERATION AND 87 MAY 13, 2014 PRELIMINARY DECISION-MAKING process it is inevitable. I mean, there is no doubt that we have to increase revenue at some point. The proposal that Mr. Kagawa talked about, all it does is it splits up the...I do not think it is fair to go after the Hotel & Resort for a two dollars ($2) increase. I think that is just not fair. I think that is not practical. I think for a lot of people to think the hotels and resorts are doing well, maybe some are, but some are not. That is a hit. That is a huge hit for one (1) class to take. Vacation Rentals on the other hand, I believe, should also carry some of the burden because of the extra burden that they put on the communities as well. So, if we go with a one dollar ($1) on both the Vacation Rental and the Hotel & Resort classes we almost come to a similar result with Councilmember Yukimura's except we do not touch the Residential class. I am kind of hesitant to support the Residential class increase because it does involve a lot of local families that just because they own two (2) home does not make them rich. There is a lot of fixed income families on Kaua`i that just happen to have an extra house. It may be an old house. I may be a home that they are just hanging onto, barely, and could be using it for affordable rental or not, but it does not matter. It is just that I think at this stage, I believe, that with the increase of one dollar ($1) per thousand d (1,000) in the Vacation Rental and the Hotel & Resort would be sufficient. Does that get us to where I want to be as far as the Reserve? No, not even close, but I had hoped that we would have been able to reduce the budget by a substantial amount. I thank my colleagues that supported my proposal of almost one million five hundred thousand dollars ($1,500,000) that passed yesterday, and the Chair is right. One (1) of that, the big one, is not a cut. It is an "I Owe You" (I.O.U.), and I fully recognize that. I think that this County, we, the government, now needs to basically, and not as a sexist comment, but to basically say, "We have to man up now." We have to pull us out of this hole and we have to do it ourselves. We have to do it with the least impact to the citizens who had no fault in this. We do not predict the economic future. I mean, we can try, but things happen and many can blame the Mayor, but the Mayor cannot really do anything without the blessing of this Council. The budgets were all approved by this Council. So, it is a collective thing. We moved forward and I can relate to this personally because as a business owner I did the same thing. You take risks. You go and you try to improve your services and you find out that, for me, you got in over your head and all of sudden you cannot afford nothing. You do not have the cash flow to maintain the level of service that you once had. That happens. That is what this is all about. I am trying to figure out how to get through this with the least impact to the taxpayers and I think the proposal that we have is a very fair one. We are not going to make the Hotel & Resort and Vacation Rental communities happy, but I believe that they should pick up the tab on some of these burdens, and in addition to the cuts that were made. This is just a starting point. I mean, we have to look forward now, to further make our operations efficient. I mean, we just have to do it within our individual Departments and hopefully gain some ground, but I think to tax every class, I definitely cannot support that. The other thing I cannot support is, this may sound horrible, but to give tax relief at this time. One of the biggest argument, and I spend a lot of time at the legislature, one of the biggest comments that I heard from the State Legislature from many of the Representative and Senators was that when we everyone else was struggling and with this County, because we had the resources we did not lose certain things. We did not do the furloughs. We gave tax relief when we probably should not have. They do not forget those kinds of things. The State Legislature does not forget those kinds of things. The fact that we got our TAT kind of cut, that played a big role and that is what I hear directly from the Legislators, that we were giving money back and no we are saying, "State, give us more money." So, I do not think we should be, as much as I would like to, I do not think we should. You saw the numbers. We are chasing millions of dollars. Why would we give tax relief? I mean, it is at a stable point right now and that I think we should maintain that. I think we should tax the classes that can sustain. I think two dollars ($2) for the hotel is not sustainable. I think it will hurt more than help, and the DELIBERATION AND 88 MAY 13, 2014 PRELIMINARY DECISION-MAKING impacts in the Hotel & Resort, believe me. Now that I have participated in that line of work, they do not have a problem, unlike the County, the State, and government, they do not have a problem sending people home when revenues drop. I see it every day. The house count drops, the restaurant is empty, you go home. Just like that. Hours cut. That is what I am afraid of when we do things that may be counterproductive to what we are trying to accomplish. So, I believe our proposal is fair. I think one dollar ($1) for Vacation Rentals, one dollar ($1) for Hotel & Resort would be sufficient. I think, I guess, the lease impact to our taxpayers and I think that is all I have. I yield the rest of my time to Mr. Chock and I will ask for my money back. Chair Furfaro: You have the floor. Mr. Chock: Thank you, Chair. First, I just wanted to thank Councilmember Bynum for the cool spreadsheet of being able to take that tool and play with the numbers. It really has been helpful and I wish I had taken more advantage of it in the process here. The only thing that I have done is just really listen to what people's interests are and put together my own here for us to look at, which is a combination of them. Before I present it, I mostly just had some questions. So, I would not want to present it until we get some of those questions vetted, if possible. Chair Furfaro: Okay. Anybody else want to speak? I have not had my turn now. Okay. First of all, I want to thank all of the members for putting these three (3) proposals that we have out here. I also think it is appropriate probably at this time, how quick we forget what happened to us. A big part over here is, everybody quickly forgets that we yielded twenty-seven million dollars ($27,000,000) over the last three (3) years to the State. Yielded. The legislative piece said we were entitled to after the Convention Center, fourteen point five percent (14.5%) of the balance of forty-eight percent (48%). They capped us. Gentlemen, I want to reiterate that, how quickly we forgot that is what happened to us as well. Now, granted, we have some other situations here that also said, "And going forward, do not count on any increase in the TAT." If fact, they gave us one million four hundred thousand dollars ($1,400,000) more and they said, "That is all you will get for the next two (2) years, and oh, by the way, in year three (3) we are going back to the lesser number." Big part of this. Big part of this. So, these pieces are very interesting and I would probably like to be able to take a recess to study them a little bit because they put us in a situation that we have to realize two (2) of the proposals still do not quite make up for the fact that the straw poll that we took indicated that we may not be getting one million one hundred seventy-eight thousand dollars ($1,178,000) from the vehicle tax that is coming up on Wednesday. That is what the straw poll indicated. So, we have to take that into consideration too. The way we count this out is we should take these increases that are proposed here that reflect our ten million four hundred thousand dollars ($10,400,000) that we are all counting on for the TAT this year and we should start deducting from the fact that three million three hundred twenty-two thousand dollars ($3,322,000) is the shortfall that is on the board, one million one hundred seventy-eight thousand eight hundred fifty dollars ($1,178,850) may not pass with the vehicle tax, and one million eighty-three thousand dollars ($1,083,000), I have not heard from the group. We have one (1) group that is saying only half percent (0.5%) going back at the Open Space Fund and if we go back to the one point five percent (1.5%) that is law, that also has to deduct from there, one million eighty-four thousand dollars ($1,084,000) to replenish the Open Space. That is what gives us the net. So, I would like to, and I hope Mr. Chock could take advantage of it, to take a recess here so we can all dialogue a little bit and digest. I will have no more time. My time is pau. Mr. Bynum, and then I will go to JoAnn. DELIBERATION AND 89 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Bynum: I am fine with that. I hope to be able to dialogue with Steve Hunt about this proposal, but if you want to take a recess first, whatever you want. I hope to dialogue with Steve and get his input. I am sure there are things in that the Administration are not that happy with, but... Chair Furfaro: I do plan to call them up so we can all hear on your recess. Mr. Bynum: Good. So, I just want to say that this was an intent to be comprehensive and address all of the issues we heard during this time and compromise. Thank you. Chair Furfaro: JoAnn. Ms. Yukimura: I was wondering if Councilmember Chock would share his proposals so we could have all proposals on the table. I do not know, Chair, if you have any you want to share, but it just would be helpful to hear everybody. Chair Furfaro: I am just trying to be a good listener and a facilitator, okay? Ms. Yukimura: Okay, that is fine. Chair Furfaro: Mr. Chock, do you want to share anything before we go on the break? Mr. Chock: Sure. Thank you. Part of the questions I had were how we got...Councilmember Bynum came up with the other classes, Commercial and Industrial for ten cents ($0.10), and the Agriculture and Conservation at thirty-five cents ($0.35) because I kept those in mind here, but I am unclear as to how we came to those or how he might have come to those. Again, I wanted to kind of get more feedback before I complete this. Ms. Yukimura: I see. Mr. Chock: As I said, so far what I have done is just I have not gone with the Homestead decrease. I cannot see us cutting or relieving here when we are asking everyone else to contribute on a higher level. Then splitting out some of...just as Councilmember Rapozo has done. They split out of Vacation Rental and Hotel & Resort and kept the Residential at twenty cents ($0.20) as you have. That is what I have. The only else standing section was the other classes that I did not have an explanation for. (See Attachment 7) Ms. Yukimura: Thank you very much. Chair Furfaro: Mr. Hooser. Mr. Hooser: Yes. I think it is useful that we have a little bit of dialogue before we break so we all have a real thorough idea of where we are coming from. With regards to offering the Homestead a reduction, it is my understanding because of market conditions, everyone one will be naturally going up anyway. So, even if we do not change the rate many if not everyone is going to be paying more taxes. Again, we are raising other, or contemplating raising other fees. Those are the people, as I have said DELIBERATION AND 90 MAY 13, 2014 PRELIMINARY DECISION-MAKING often times, those on fixed incomes will be in that class. Those people that are homeowners on fixed incomes or have affordable housing rentals will be in that class. So, that is the people in my opinion, that deserve it most. That is one (1) thought. The other thought is that the OPEB, I supported that earlier, but it was my...the context in which I supported it was that it would be, at the end of the day, part of the Fund Balance, and I do not see in some of the proposals...that balance is not there. So, in effect, we are spending the OPEB. I am okay with parking it in a savings account and understanding that even that is kicking it down the road to a certain extent, but to actually spend it is another entire new story for me. The third is that, and Chair, maybe you can answer this or the Finance Director at some point. If one of our goals is to rebuild Fund Balances toward a level that is looked favorably upon by the bond rating agencies, what minimum, if you would, level would that be for us to strive for? Is it four million dollars ($4,000,000), three million dollars ($3,000,000), or two million five hundred thousand dollars ($2,500,000)? Right now, I believe we are looking at only a four hundred thousand ($400,000) or three hundred dollars ($300,000) carryover. So, I think that would be, at least a goal we should know of what it is. So, we can have that be a part of the discussion. Thank you. Chair Furfaro: Thank you for pointing that out because that was part of my comments at the opening portion. First of all, I think the public should really realize also, although our bond rating by one (1) bond company was downgraded, the reality we did hear and we are lagging bit from our Finance Director, that we are still waiting to hear from the other two (2), but out bond rating is also based on the total restate value of the island's assets and we do not get really critical on what we can borrow until we exceed more than about three point five percent (3.5%) of that total value. The bond rating, what it hurts is not on the amount we borrow if we want to borrow, but it is the rate we pay back. So, build that credibility I think as I said earlier, we would probably want to get to a minimum over a few years of about ten million dollars ($10,000,000) in reserves, which means we should be parking about two million five hundred thousand dollars ($2,500,000) every year. That is my take on it. Yes, Mr. Kagawa. Mr. Kagawa: I just wanted to point out that I was kind of happily surprised with Councilmember Chock's proposal because it is pretty close, I believe, to our proposal and Councilmember Yukimura's proposal. I think if we can kind of get some kind of agreement as to what can agree on, then we can kind of get out of here and it would be a good day. Chair Furfaro: I do not think we will conclude by 4:30 p.m., but we will get out of here today, I think, before the sun goes down. Mr. Kagawa: I hope we can get out by 4:30 p.m., but we will see. Chair Furfaro: So, why do we not...JoAnn. Ms. Yukimura: Yes. I agree with the hesitation about lowering any rate, but I would like to have Councilmember Bynum maybe answer some questions about whether the people who will experience rate increases if we did nothing, what kind of amounts are we looking at on that average? Maybe you know the answer already. Mr. Bynum: Yes. I mean, I had that spreadsheet calculate it. I just want to say, I have been dogging the spreadsheets so we could make informed decisions for two (2) years and it is not done. I have been making modifications. So, that analysis can happen and I just had it on there, but I wanted more than average because average numbers get skewed. I wanted a mean, but I just...the numbers that are accurate DELIBERATION AND 91 MAY 13, 2014 PRELIMINARY DECISION-MAKING on there is four thousand (4,000) under the Mayor's proposal are going to pay increases that range...well, the average, I believe, was about three hundred dollars ($300), but the range is huge because of the anomalies. I have a scattered chart that graphically illustrates this on that. Ms. Yukimura: Right. Mr. Bynum: But I was limited to ten (10) minutes and I did not have the spreadsheet. We had an agenda item to spend two (2) hours to discuss this, but the spreadsheet was not ready. That is a separate issue. You can look at every single taxpayer and what they will pay. Yes or no. It is like... Ms. Yukimura: Can I ask another question? Mr. Bynum: Yes. Ms. Yukimura: I do really honor and commend you for working on the spreadsheet because I know you have worked for many, many years to get the software in place and get this instrument, this tool, that is very helpful in place. So, thank you for that. I guess my question is where there...thank you for the average which you say is three hundred dollars ($300), and for the ones that are large those are the ones that were very, very low for many years, right? Mr. Bynum: If I can show one (1) chart that I have prepared, that actually Jennifer prepared, it will graphically illustrate what we are talking about. Ms. Yukimura: Okay, so maybe during the break you can try to get it on, but thank you for the information that you do have. I appreciate it. Chair Furfaro: Okay. We are going to take a break for fifteen (15) minutes and when we come back I am going to allow Mr. Bynum to put up one (1) sheet, okay? Those are the rules. JoAnn, if you want to know, my increase for my place in one of the high districts, mine was two hundred seventy-four dollars ($274). So, very close to what Mr. Bynum just said. Ms. Yukimura: Thank you. Chair Furfaro: We are going to take a fifteen (15) minute break. Let us have everybody be back in fifteen (15) minutes. There being no objections, the Committee recessed at 4:00 p.m. There being no objections, the Committee reconvened at 4:31 p.m., and proceeded as follows: Chair Furfaro: Okay, we are back from that break. As I said at the break, Councilmember Yukimura had the floor, she had some questions directed at Mr. Bynum about specifics as it related to the Homestead category, I believe. Mr. Bynum said he could demonstrate those variances in a one (1) page piece. So, I am going to give Mr. Bynum the floor to make his presentation and then JoAnn, I will come back to you for Q&A on that. You have the floor. You have to turn your microphone on. DELIBERATION AND 92 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Bynum: So, Chair, I can show this all really quick. This is from the spreadsheet I have been working on. We did not complete this part, but this is a data set that was from median value. Median of homeowners, which is four hundred eighteen thousand dollars ($418,000). That is a modest home on Kaua`i right now, four hundred eighteen thousand dollars ($418,000), I think. I do not know many that are for sale less than that. The blue line is...this is at three point zero five (3.05), right? So, the blue lines are the...yes, it started at three point zero five (3.05), right there. That, what you just highlighted, if you could make that three point zero five (3.05). That is the Mayor's proposal. Now look at the chart. So, the red is what these taxpayers, and this is pretty random. I did not select this. Actually, Jennifer, the Secretary did. The red dots are what they paid last year. The blue dots are the new market taxes based on our restructuring of taxes under the Mayor's proposal. So, everyone with a red dot below that blue is paying an increase. You can measure the increase. The range varies a lot. That is why averages are not helpful. The people who have red dots that are above the blue line are going to pay...are going to have tax decreases. Those folks are the ones who have been paying very high taxes. I mean, if you just look at the range between under three hundred dollars ($300) to over one thousand dollars ($1,000) for the same valued homes, but that will not be the case anymore because we are going to go to that blue line. Now, if you could go put the two hundred fifty-five thousand dollars ($255,000) in there please. Right there. This is one of the tools that Jennifer Van Gorp, Steve, others, and I have been working on. It is into done yet, but now what you see is the blue line has moved down, right? Fewer people are going to pay increases and the increases they pay are going to be less. Now, that is also going to be bigger tax decreases for those above the line, but again, those are the people who have been paying exorbitant taxes. How can one person pay one thousand five hundred dollars ($1,500) and then the person across the street pay less than three hundred dollars ($300)? We finished that. We are not doing that anymore. It is just in this reset, just pragmatically, we lower this a little bit. I wanted to show you one (1) other tool if it is okay with you, Chair. Chair Furfaro: Go ahead. Mr. Bynum: This is just a screen shot of the proposal that Gary and I proposed, but on the spreadsheet it compares it with the Mayor's proposal, right? So, you see zero (0) in Hotel & Resort because we said we were going to keep it the same, right, but we know that generates four million four hundred thousand dollars ($4,400,000). So, we have this target of four million four hundred thousand dollars ($4,400,000) in order to accomplish goals we already discussed; keep a substantial or a prudent fund Reserve and also address it. So, you can see the impact of the tax savings, the two hundred fifty-five thousand dollars ($255,000), that is one million seven hundred forty-four dollars ($1,744,000) back to homeowners and reducing taxes for the people who live and work here, but I do not think the legislature or anybody is going to complain if we increase revenue overall and show...and demonstrate that we are moving towards a sustainable budget. This is almost there. We take the OPEB and a little less funding. That is like four million dollars ($4,000,000) from being sustainable and we can do that next year and pay the OPEB back. I am done. Did I answer your question? Ms. Yukimura: Yes. I mean, that is very helpful. Chair Furfaro: Okay. Ms. Yukimura: And my main concern would be I saw there some increase below one hundred (100) or about one hundred (100) paying a tax right now of one DELIBERATION AND 93 MAY 13, 2014 PRELIMINARY DECISION-MAKING hundred dollars ($100) to almost six hundred dollars ($600). So, there is a five hundred dollars ($500)...somebody is going to need a five hundred dollars ($500) increase. Mr. Bynum: The spreadsheet, you can analyze it. You go down the list, you see the plus, who is getting an increase, who is getting a decrease... Ms. Yukimura: Yes, I do not care who is getting...well, I do... Mr. Bynum: Well, then if I had time I would further analyze it to say how does this impact people on low income? How does this...I just did not have the time to complete this tool. Ms. Yukimura: Well, you do not have income information though. You are basing it on assumptions by neighborhood or... Mr. Bynum: It is based on value of homes as all ad valorem taxation is. Ms. Yukimura: Right, because... Mr. Bynum: But in this spreadsheet you can see who has senior discounts, who has low income discount... Ms. Yukimura: Right. Mr. Bynum: And what their taxes are. When you see some of those changes in the blue line, they are all explained by a tax credit or policy, not by some random event about where you lived or when you got in the system. So, I am very pleased regardless of this outcome, that we structurally have fairness. Ms. Yukimura: I thank you for the work that you have done on that, educating all of us. Mr. Bynum: Those are the Mayor's proposal in the long run. Ms. Yukimura: Yes, and the cooperation you got from the Mayor's Department. This is a very useful tool. So, my concern again, would be if there is anybody who is in a low income bracket that has to pay five hundred dollars ($500) all at once. You are wanting to make it more gradual for everybody to the tune of about one million something, right? Mr. Bynum: I said I was not going to talk about the past, Councilmember Yukimura, but three (3) years ago, I offered a proposal that would have lowered... Ms. Yukimura: I... Mr. Bynum: ...the line and gradually move those people back, but the Council rejected it. We are going to reset this year. It is just how big the impact going to be. Ms. Yukimura: Right. Thank you. DELIBERATION AND 94 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: So, after the recess we now have three (3) documents in our hands. Again, and I will look to the Clerk to disagree with me if I have got this wrong. All of these proposals, because they are different form the original, will require one (1) to pass with five (5) votes. That is yes? Ms. Fountain-Tanigawa: Yes. Chair Furfaro: That is yes. Okay, so keep that in mind everybody. You have a question toward the Clerk? Go right ahead. Mr. Bynum: Setting tax rates is a four (4) vote...it is a four (4) votes. Ms. Yukimura: I think so. Mr. Bynum: I mean, that is under the Charter. So... Chair Furfaro: That is why I asked the question, but I... Mr. Bynum: I just... Chair Furfaro: I understood, and asked... Mr. Watanabe: Real Property Tax is part of the budget. Chair Furfaro: Excuse me, let me clarify this first. Mr. Watanabe: Okay. Chair Furfaro: I asked this question this morning and I got the fact that if the tax rates were different from what was submitted in the budget, it would require five (5) votes for the change. Could you clarify that for me? Mr. Watanabe: The reason that it requires five (5) votes is because it increase the revenues considered under Real Property Tax and an increase over the Mayor's budget requires five (5) votes. Chair Furfaro: Okay. Mr. Bynum: I... Chair Furfaro: Excuse me, so you folks are not changing the comments that you made to me this morning? Okay. Mr. Bynum, you have a question for the Clerks? Go right ahead. Mr. Bynum: I believe that we went through this about three (3) or four (4) years ago and the County Attorney offered an opinion. These are tax rates. They are set. They are not actually set until them. I believe the Clerk is absolutely correct about any additions to spending. These are tax rates. They are done by simple majority under the Charter. That is my belief, and so if we have a conflict, let us ask the County Attorneys. DELIBERATION AND 95 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: County Attorney, would you come up please for an interpretation? Ms. Fountain-Tanigawa: Council Chair. Chair Furfaro: If you need time to consult with the Clerk, we will take a little time to do some research before we commit to something that is different than I was informed earlier. Ms. Fountain-Tanigawa: Council Chair, for clarification just to explain Councilmember Bynum's point. The Real Property Tax rates are adopted by Resolution. Chair Furfaro: Yes. Ms. Fountain-Tanigawa: That is four (4) votes, but the increase in revenues, which is an addition to the Mayor's March 15th budget takes five (5) votes because you are adding to it, and that is per the Charter. Chair Furfaro: And that is the answer you gave me this morning, per the Charter. Al, do you need time to research that? There being no objections, the rules were suspended. ALFRED B. CASTILLO, JR., County Attorney: Council Chair, I do recall... Chair Furfaro: Al, you need to introduce yourself. Mr. Castillo: I am sorry. Council Chair, Councilmember, good afternoon, Al Castillo. I do remember going over this I do not know how many years ago. I would agree in the budget sense. Since it is an increase, I do agree that in the normal sense you have because this is taxes, it is a four (4) vote, but because this is an increase and it is within the realm of the budget, it is five (5) votes instead of four (4). Chair Furfaro: Okay. Go ahead. Mr. Bynum: I will accept that interpretation, but I am going to ask for it in writing with a full analysis. This would be news to me. We set the tax rates later. This is just a straw vote today about our intention of setting those rates when they come before the Council. Mr. Castillo: Then I welcome you to send that question and we will answer it. Mr. Bynum: Okay. Thank you. Mr. Castillo: Thank you. There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Now, as we go forward here, JoAnn, we got out interpretation from the County Attorney. It is going over in writing. Let us kind of move DELIBERATION AND 96 MAY 13, 2014 PRELIMINARY DECISION-MAKING no here. We have proposal "A," which I believe came from JoAnn Yukimura. We have proposal"B" which came from Mr. Rapozo, I believe. Am I correct? Mr. Rapozo: No, mine is "Rapozo" on the top. JoAnn has two (2) that is A and B. Chair Furfaro: Somebody...JoAnn has two (2)? Ms. Yukimura: Chair, may I explain? Chair Furfaro: Yes. Ms. Yukimura: I tried to listen to everybody's goals and proposals and tried to find a compromise or a...what Steven Covey calls a third alternative. So, this is the...the "A" is what I am wanting to propose, but I know that there was some concerns about the Hotel & Resort rate. So, we did another analysis of a Hotel & Resort rate that is less than the one I am proposing just so people could see, and I am thinking it may come down to voting on each class one by one or at least on the issue where there is disagreement. May I explain "A"? Chair Furfaro: First of all, "B" is the one you introduced then earlier? Ms. Yukimura: No, I never introduced any. We all shared our different proposals. The one... Chair Furfaro: No, which one was shard with the group? Was it "A" or "B"? Ms. Yukimura: It was neither. Chair Furfaro: It was neither? Ms. Yukimura: It was only a change to the Residential rate really, which is what I introduced to offset the Open Space Bill. Chair Furfaro: I am going to allow you to introduce one (1). You need to pick which one that you would like to introduce. Ms. Yukimura: I am introducing "A". Chair Furfaro: "A" is being introduced. I have Bynum and Mr. Hooser's and then Mr. Rapozo, you and Mr. Kagawa's one is the one that still has your name on it? Mr. Rapozo: Yes. Chair Furfaro: Okay, got it. I am going to give JoAnn the floor for A. Ms. Yukimura: I am sorry. I do not have Mr. Rapozo's. If I could get a copy, but in the meantime I will be explaining "A". It is based on the theory that everybody does their share a little bit, some more than the others for a variety of policy reasons, but "A" would leave the Homestead rate at that proposed by the Mayor. So, it is DELIBERATION AND 97 MAY 13, 2014 PRELIMINARY DECISION-MAKING not increase or decrease though. I do acknowledge the result in taxes will both increase and decrease for different people. For the Residential class, which is basically second homes, they are not owner-occupied. The rate would be twenty cents ($0.20) for one thousand dollars ($1,000) assessed value, and that was my first proposal when we were not making formal proposals, but that would restore...would enable us to restore the Open Space Fund. Then the others, there is a seventy-five cents ($0.75) increase to the Vacation Rentals category and a twenty-five cents ($0.25) decrease to Hotel & Resort, twenty-five cents ($0.25). You are looking at B. I am talking about A. Then for Commercial, Industrial, Agricultural, and Conservation there is a ten cents ($0.10) on each. The result on the second page is that it restores the Public Access Fund and then the last figure in the column, two million six hundred eighty-one thousand dollars ($2,861,000) is the remaining that would result from these proposed rate increases. If we acknowledge that there is three hundred thousand plus in the Reserve, Unassigned Fund, and then three million six hundred thousand dollars ($3,600,000) in the Emergency Reserve for a total of three million nine hundred thousand dollars ($3,900,000), we would add two million six hundred eighty-one thousand dollars ($2,861,000) to the total Reserve to get about six million dollars ($6,000,000), six million five hundred thousand dollars ($6,500,000) in our Reserve assuming that we allocated to the Reserve or we do not spend it on anything else. Now, this still assumes a one million nine hundred thousand dollars ($1,900,000) of lack in the OPEB. So, we would be at ninety-eight percent (98%) rather than one hundred percent (100%). So, those are all of the parameters that result from this proposed rate increases. Chair Furfaro: So, everybody has "A" in front of them as the official entry from JoAnn. Mr. Hooser. Mr. Hooser: I had a question. The other moving part would be the vehicle weight tax. So, does that assume to pass? Ms. Yukimura: Pass, that is correct. Chair Furfaro: Again, the straw poll that I just revisited while we were on the break, they passed. Mr. Hooser: Okay. Chair Furfaro: So, the concern about the vehicle weight tax, the vote was 5:2. Mr. Hooser: Okay. Thank you. Chair Furfaro: Mr. Rapozo, is there anything on your piece that you want to revisit? Mr. Rapozo: No, I think I have...they were pretty far apart though. Chair Furfaro: Mr. Hooser and Mr. Bynum is there anything on your piece that you would like to reintroduce? Mr. Bynum: I just have a process question. We put a lot of work into it. So, I do not think we are going to make changes, but is this it? We get one (1) shot up or down on these three (3) proposals and there is no second round? DELIBERATION AND 98 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: Well, here is the piece folks. First of all, I want to extract from you folks an understanding that whatever the outcome here is we have to give the staff time to reconcile it. If there is any change in those amounts or different from what is on your second sheet, any amount, I am just saying they are projected as if it is going to the Reserve because until they balance, we do not know that the actual number that we are saying is the real number. It could be a variance of ten thousand dollars ($10,000) or fifteen thousand dollars ($15,000) when the rounding occurs. So, if we can have the understanding. Is there anyone that is prepared to withdraw their proposal? Did they see anything that the liked at the twenty (20) minute of so break that I gave? No? Mr. Rapozo: I am willing to support Mr. Chock's first suggestion right before the break. He may have changed his position, but if that means anything I can support that as a deviation from mine. It encompasses what I am most interested in and it is the big hit to the Hotel & Resort. So, I could really support that first proposal. Again, I think he may have changed. I do not know, but I will just say right now, I will not support any proposal that is taxing every class. Chair Furfaro: Vice Chair, it seems like you have an opportunity here for some support in your piece and did it change? Mr.'Chock: I will just speak to it, Chair. What happened was not an official proposal, but a discussion on a combination of proposals that were looked at. At the break in the twenty (20) minutes that we had together Councilmember Yukimura and I, along with everyone else that was involved with it tried to get to something that was equitable. The result is "A", Exhibit "A" that she has presented of which I am willing to support at this time in order to get us closer together. Not everyone is happy. I understand, but it is a compromise by all. Chair Furfaro: Mr. Kagawa has the floor. Mr. Kagawa: Well, if I look at "A", I look at Councilmember Bynum's, and our proposals, "A" certainly looks closer to Councilmember Bynum's proposal than ours because it primarily, I mean, it still really taxes hard the Hotel & Resort class just dropping twenty-five cents ($0.25) and it taxes every other class except the Homestead. I am not comfortable taxing all of the classes besides Vacation Rental and Hotel & Resort. Chair Furfaro: JoAnn. Microphone please. Ms. Yukimura: Yes, thank you. I guess we could ask...I mean, if we just do away with the categories from Commercial to Conservation, which are very small and for that reason, I do not think they are onerous, spread among many owners, but they still generate two hundred thousand dollars ($200,000). That is the kind...I mean, we were trying to plus or minus much smaller amounts than that. The question is whether that would be acceptable. With respect to Hotel & Resort, I just want to say that our...when we assessed the visitor related expenses of our budget it added to forty-four million dollars ($44,000,000), and even if you were conservative and cut that in half to twenty million dollars ($20,000,000) that is a lot of visitor related costs in our budget from parks, lifeguards, roads, emergency medical services, and police. So, the industry has to pay its way and if they want to do it through the TAT, they should lobby with us to get TAT moneys. Otherwise, our taxpayers, our residents are paying for those visitor related costs. I mean, we are spending money on a shuttle for KOloa-Po`ipu that will relieve some of the parking problems. Also a shuttle for the North Shore. We are providing lifeguards everywhere. I mean, there is so many ways that we are supporting the visitor industry. So, DELIBERATION AND 99 MAY 13, 2014 PRELIMINARY DECISION-MAKING they need to support our budget, but not them alone. I think everybody is supported by this budget and we have also asked our Departments to do their share and cut their expenses. So, to me, because we have such a big problem with our budget and this is going to go into the Reserve that will allow us to get better rates on our bond rates, it will benefit everybody. So, everybody doing their share to come to a structurally budget as Councilmember Hooser said, is what we need in order to do our job here on the Council. Chair Furfaro: Mr. Rapozo, you have the floor. Mr. Rapozo: Thank you, Mr. Chair. I think that we should not undervalue what the visitor industry does for the island in the way of jobs. I mean, if you add up all employees that these hotels and resorts employ, I think that is a huge contribution to the community. They do not just take from the community. I think they give a lot back and to go after them at the highest, I think, it is just not fair, not right. We never got the information back from the Administration as to what the impact would be to some of the properties. That was a concern of mine. We do not know what the impact would be. I do not know. Maybe the Chair has a better understanding, but it is...what is the typical appraisal of a property of a hotel? I do not know. Do you have any idea, Mr. Chair? Chair Furfaro: We have properties that are valued at one hundred five million dollars ($105,000,000). Mr. Rapozo: Okay. So, one hundred five million dollars ($105,000,000) times two dollars ($2) per thousand dollars ($1,000) is a substantial impact, huge impact. The Vacation Rental on the other hand, employs a very small workforce, many of them for cash. That is the reality of it. So, to not want to charge the Vacation Rental at least what the resorts charge, I think that, I do not know. I just cannot understand that. I think the impact to the communities in the Vacation Rentals are much greater than a hotel and a resort because the hotels and resort are in Hotel/Resort Districts. Vacation Rentals are in Residential Districts, most of them. So, I think that we can get by this year with the Vacation Rentals and the Hotel & Resort class. I do not think we should go beyond what we need to do as it comes down to taxes. I think we should tax to where we need to tax our citizens so we can get a balanced budget and move forward and again, work internally within the Departments to become more efficient so we can save that way next year as we move down the road, but to tax just because we can to generate...I mean Conservation District, we are going to raise the taxes of ten cents ($0.10) to generate seven thousand five hundred dollars ($7,500). That is not an impact to the County's budget. I think if we get away, and again, my proposal was one dollar ($1) for Vacation Rental, a dollar ($1) for Hotel & Resort and with Mr. Chock's proposal initially with the Residential, as much as I do not want to tax the Residential, I can actually support that, but anything beyond that three (3) classes, again, I will just not support. Chair Furfaro: Before I recognize Mr. Hooser, and I will recognize you after that, ladies and gentlemen, I just want to tell you here is my observation. I have three (3) proposal of two (2), two (2), and two (2). That does not win much in Las Vegas. I got three (3) proposals of two (2), two (2), and two (2), okay? So, Mr. Hooser. Mr. Hooser: Yes, I appreciate the work everyone has put into this process and we are down to the last strokes, if you would. I keep looking at the carryover balance at the bottom. On proposal A it is two million six hundred thirty-one thousand dollars ($2,631,000), I believe. The way I look at that, that consists of OPEB, DELIBERATION AND 100 MAY 13, 2014 PRELIMINARY DECISION-MAKING which is health payments to retirees and vehicle weight tax, which is everybody. I do not see the visitor industry carrying any significant portion of that and I certainly do not see them excessively burdened. I have had numerous calls and E-mails form people, residents, talking about taxes going up and fees going up as we did last year and encouraging me to hold the line. I have not had one (1) hotel Executive...I do not remember any testimony for that matter. The Mayor's proposal was in excess of this, right? They were two dollars ($2) and we are at one dollar seventy-five cents ($1.75) here. If I remember correctly the presentation that we were still below, at least some of the other Counties. I believe we are below O`ahu and maybe Maui or something like that. Chair Furfaro: I think we are below one (1). Mr. Hooser: We are below one (1). They do represent a tremendous asset to our community, but also very significant burden when you look at the per capita amount of people on the island at any one time that come every year compared to our small population. So, I am disappointed that we were not able...or that this proposal does not include relief to those who need it the most, who will be impacted by the vehicle weight tax as well, people that cannot make it up. Hotels & Resorts can pass it on to consumers, Commercial can pass it on to their customers, Industrial can pass it on, but Homestead people cannot pass it on and again, it affects a very lowest people most in need. I mean, if we are looking for a compromise, "A" is much closer to what I was looking for, but still is greatly lacking in my opinion in terms of the relief for the Homestead class and the size of the carryover balance. Thank you. Chair Furfaro: Okay. So, as I am following the dialogue here I have a little bit of movement here from Mr. Rapozo as it related to "A". I have a little bit of movement here from Mr. Hooser as it relates to "A", but nobody is fully, fully committed so far. Mr. Chock, I will give you the floor. Mr. Chock: Chair, I know it is late. Well have been talking about this for a while now, but there may be a few more ideas it seems to me, that we could talk about. I was wondering if we might take a short recess. If I could request one. Ms. Yukimura: Before we break, may I ask a question? Chair Furfaro: Yes. Councilmember Yukimura has a question before we break, and I will give another fifteen (15) minutes. We took twenty-two (22) minutes last time. Fifteen (15) minutes, when we are on break. JoAnn. Ms. Yukimura: Before we break, okay. Thank you. Chair Furfaro: Yes, before break, but before a fifteen (15) minute break. Ms. Yukimura: So, Councilmember Rapozo, if we do away with the increases in Commercial, Industrial, Agricultural, and Conservation, did you say you could live with that? Mr. Rapozo: Not a one dollar seventy-five cents ($1.75). I can...00ps, sorry. I will think about this on the break, but if you look at your proposal "B" and you remove the ten cents ($0.10) increases in Commercial, Industrial, Agricultural, and Conservation and you just are looking at the top three (3), I can consider that. I will consider that on the break. DELIBERATION AND 101 MAY 13, 2014 PRELIMINARY DECISION-MAKING Ms. Yukimura: Alright. Thank you very much. Chair Furfaro: May I just encourage you folks to give this some real thought on the break? We will break at nineteen (19) minutes after 5:00 p.m. We will be back here at this table. We will take a fifteen (15) minute break. There being no objections, the Committee recessed at 5:21 p.m. There being no objections, the Committee reconvened at 5:21 p.m., and proceeded as follows: (Mr. Kagawa was noted as not present.) Chair Furfaro: We are back. Now, I want to share with you folks that we took this recess so that some of you could have some dialogue about Proposal "A". Proposal "A", okay? I want to let you know, I do and will make a compromise offer if we cannot get a vote here on this "A" item. I will take some dialogue now and see where you folks are at. Mr. Hooser. Mr. Hooser: Yes, Chair. I was focusing on "A." I was going to suggest a possible compromise so I will throw it out there. I would say we add ten cent ($0.10) to the Residential rate and make it thirty cent ($0.30), we add ten cent ($0.10) to the Vacation Rental rate. It makes it eight-five cents ($0.85). Ten cents to the Hotel & Resort rate, which makes it one dollar eighty-five cents ($1.85). We keep Commercial and Industrial at ten cents ($0.10) a piece, and then we zero Agricultural and Conservation. That would generate...I have part of the figure there. I do not have the Residential figures for the extra dime, but the Vacation Rental and Hotel & Resort combined would generate an additional four hundred eighty thousand dollars ($480,000) which comes close to...well, just pushes us over the three million one hundred thousand dollars ($3,100,000) mark on the carryover, which I think adds some meaningful dollars. Not as much as I would like and does not provide the Homestead break that I was hoping we would get and I think that homeowners deserve, but it does push us a little bit further towards the direction of restoring some faith and confidence in our fiscal situation in terms of carryover balance. Thank you. Chair Furfaro: Comments on the amended "A"? JoAnn. Ms. Yukimura: Yes, I mean, I think Councilmember Rapozo has expressed a concern about the Residential rate. That is the second home he has pointed out to me that there are local residents who do have rentals and so I have tried to keep it lower. I guess I am a little concerned to raising it more. Let us see, so removing...so we are really getting the bulk of it from Vacation Rental. The extra, what are you saying? That the three (3) increases you are proposing would generate how much do you think? Mr. Hooser: The Vacation Rental would generate... Chair Furfaro: Microphone, Gary. Mr. Hooser: I am sorry. Chair Furfaro: Microphone. DELIBERATION AND 102 MAY 13, 2014 PRELIMINARY DECISION-MAKING Mr. Hooser: The Vacation Rental...while staff looks up the Residential difference of adding ten cent ($0.10), the Vacation Rental increase would increase by two hundred sixty-five thousand dollars ($265,000), the Hotel & Resort would increase by two hundred fifteen thousand dollars ($215,000), and we will wait for the Residential number, but that would be the two (2) increases. Chair Furfaro: I think she is putting it on the board right now. JoAnn has the floor. Ms. Yukimura: I am not sure how that is going to get us to five (5) votes. Chair Furfaro: Do you have a question JoAnn? Ms. Yukimura: No, that is it. Thank you. Chair Furfaro: If not, I am going to give it to Mr. Bynum. Mr. Bynum. Mr. Bynum: Okay. If you have a five hundred thousand dollars ($500,000) home that you are renting ten cents ($0.10) is fifty dollars ($50). Ms. Yukimura: That is true. Mr. Bynum: Okay? So, if that is your second home and you live somewhere else or if you are resident and you rented, and we know rents are escalating, you have chosen to rent it at market. You have the option to get a very favorable tax rate by renting it affordable as five hundred (500) or six hundred (600) people are currently doing. I do not know that number exactly, but I just want to put this into perspective. Ten million dollars ($10,000,000) of value at ten cent ($0.10) is one hundred dollars ($100), right? So, these...when you look at the hotel cost for instance. So, Councilmember Yukimura, the amendment moves us in the right direction. I understand those concerns about increasing anyone's taxes, but when the choice is between having a reasonable Fund Balance and fifty dollars ($50) on a home that gets rented for profit, I do not think that is a big reach. So, I support the proposal that Gary Hooser and I put forward, but this amendment makes it better, clearly, to me. So, I would...if I have to choose that, I will choose that as opposed to...yes. Chair Furfaro: Mr. Rapozo, do.you have any comments? Mr. Rapozo: No, I think I made my comments about taxing the other classes and I made an offer to stretch and go with the tensely cents ($0.20) Residential, but that is my limit. Chair Furfaro: Mr. Chock. Mr. Chock: Chair, I would like to request a vote on the...Councilmember Yukimura's Exhibit"A". DELIBERATION AND 103 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: Okay, we first have to do...Exhibit "A" as amended by Mr. Hooser? Mr. Chock: Is that what you did? Amend it? Ms. Yukimura: He was not formally proposing it. Mr. Hooser: Well, it was not a formal amendment, but it was proposal that...yes, trying to again, it is a long, long way from what Councilmember Bynum and I are suggesting, but I am willing to compromise. Yes, so it is intended to be an amendment. Chair Furfaro: But my question to you is are you supporting it without the amendments that you want or are you supporting it with the amendments? Mr. Hooser: I am supporting it with the amendments that I proposed. Chair Furfaro: So, let us make the motion on the amendments and then see where we go. Mr. Rapozo: Well, I think, Mr. Chair, you have to make a motion to get that Exhibit "A". That exhibit was never introduced. Mr. Bynum moved to increase real property taxes in the following tax classes: Residential $0.30, Vacation Rental $0.75, Hotel & Resort $1.75, Commercial $0.10, Industrial $0.10, Agricultural $0.10, Commercial $0.10; appropriate any carryover funds to the Reserve Fund and/or unappropriated fund balance. Ms. Yukimura: Moved for the what? Chair Furfaro: We need the second on "A". Mr. Chock seconded the motion. Chair Furfaro: Okay. Now we have the amendments required. Mr. Hooser moved to amend the motion to increase real property taxes in the following tax classes: Residential $0.30 from $5.75 to $6.05, Vacation Rental $0.85 from $8.00 to $8.85, Hotel & Resort $1.85 from $9.00 to $10.85, Commercial $0.10 from $8.00 to $8.10, Industrial $0.10 from $8.00 to $8.10. The tax rates for the Homestead ($3.05), Agricultural ($6.75), and Conservation ($6.75) tax classes remain unchanged. Appropriate any carryover funds to the Reserve Fund and/or unappropriated fund balance, seconded by Mr. Bynum. Chair Furfaro: Further discussion on the amendment? None. DELIBERATION AND 104 MAY 13, 2014 PRELIMINARY DECISION-MAKING The motion to amend the motion to increase real property taxes in the following tax classes: Residential $0.30 from $5.75 to $6.05, Vacation Rental $0.85 from $8.00 to $8.85, Hotel & Resort $1.85 from $9.00 to $10.85, Commercial $0.10 from $8.00 to $8.10, Industrial $0.10 from $8.00 to $8.10. The tax rates for the Homestead ($3.05), Agricultural ($6.75), and Conservation ($6.75) tax classes remain unchanged. Appropriate any carryover funds to the Reserve Fund and/or unappropriated fund balance was the put, and carried by a vote of 6*:1 (Councimember Rapozo voting no.) (*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was not present, but shall be recorded as an affirmative for the motion.) Chair Furfaro: Now we are at the main motion as amended. JoAnn, you have the floor. Ms. Yukimura I do not think I have any more discussion. Chair Furfaro: Okay. Mr. Hooser, do you have? Okay. Mr. Bynum, do you have anymore? No? Mr. Chock? Okay, and I have no more. We need five (5) votes here. Roll call vote, please. The motion to increase real property taxes in the following tax classes: Residential $0.30 from $5.75 to $6.05, Vacation Rental $0.85 from $8.00 to $8.85, Hotel & Resort $1.85 from $9.00 to $10.85, Commercial $0.10 from $8.00 to $8.10, Industrial $0.10 from $8.00 to $8.10. The tax rates for the Homestead ($3.05), Agricultural ($6.75), and Conservation ($6.75) tax classes repnain unchanged. Appropriate any carryover funds to the Reserve Fund and/or unappropriated fund balance was then put, and carried by the following vote: FOR INCREASE: Bynum, Chock, Hooser, Kagawa, Yukimura, Furfaro TOTAL—6*, AGAINST INCREASE: Rapozo TOTAL— 1, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL—0. (*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Bynum was noted as voting silent and Councilmember Kagawa was not present, but shall be recorded as an affirmative for the motion.) Chair Furfaro: Okay, we have five (5) ayes. It is based on one (1) nay, one (1) absent, which will go with the majority. We have one (1) silent which will go with the majority, and we have four (4) votes. Ms. Fountain-Tanigawa: 6:1. Ms. Yukimura: 6:1. Mr. Bynum: 6:1. DELIBERATION AND 105 MAY 13, 2014 PRELIMINARY DECISION-MAKING Chair Furfaro: I just said that. Let me say it again, okay? We have one (1) absent which will go with the majority, okay? I want to explain that. We have one (1) silent which will go with the majority, and we have four (4) ayes, okay? So, we are 6:1. It was a compromise that came quite a ways. Now, I am going to make a request. Can I make a motion when we round out these numbers as I said earlier, that we leave in the staffs hands to appropriately put any balances in the, I guess, the right terminology for that after we round everything out, it would fall into the Reserve Fund? Mr. Chock moved to appropriate any carryover funds to the Reserve Fund and/or unappropriated fund balance, seconded by Ms.Yukimura. Mr. Bynum: I am sorry. Can you restate the motion again? Chair Furfaro: Okay. I am asking for the motion again. As they round out the numbers, I am asking for a motion that it be understood that any rounding would go into the Reserve Fund. Discussion? Ms.Yukimura: So, if they find a balance, they would take from...a negative, they would take from the Reserve Fund and if they find a plus, they would put it into the Reserve Fund, right? Chair Furfaro: That is exactly right. Ms. Yukimura: Okay. Thank you. Chair Furfaro: We leave it in the staffs hands. Now, Jade, would you tell us where we need to go from here as far as if we have the understanding, will we be finished for the day? Ms. Fountain-Tanigawa: Yes. Chair Furfaro: Okay, let us record it as such. The motion to appropriate any carryover funds to the Reserve Fund and/or Unappropriated Fund Balance was the put, and carried by the following vote: FOR MOTION: Bynum, Chock, Hooser, Kagawa, Yukimura, Furfaro TOTAL— 7*, AGAINST MOTION: Rapozo TOTAL—0, EXCUSED &NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. (*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was not present, but shall be recorded as an affirmative for the motion.) Chair Furfaro: At this point, we are concluded with this piece and that is under the understanding that we have the appropriate votes on Wednesday for DELIBERATION AND 106 MAY 13, 2014 PRELIMINARY DECISION-MAKING the other matters. We are wanting to say thank you for everyone, and I am sorry I had to just kind of drag us to the point, but three (3) pairs was not going to get us anywhere. We are adjourned. There being no objections, the meeting was adjourned at 5:33 p.m. Respectfully submitted, aaci--4c:SCfritatd h-- Allison S. Arakaki Council Services Assistant I Darrellyne Caldeira Council Services Assistant II Codie K. Yam c i Council Services Assistant I APPROVED at the Committee Meeting held on June 4, 2014: 411111 — JAY F Chair, C Gv�— Attachment I. -----! The IV essenger . . . 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'. . . , [......_..g;,::._,).,_4,A'01$!?%.• . s,s.;,...0.{74..;0,;',•,...„',It;',::. .' ,,...:-..,•0..f• .'• .' • .. ., %I!: '.., ...' .• •'• IN NATURAL SCIENCE A ;li • A Story of {-lawai' 's Sees by Dr. Neal Hawai'i's honey bees have got a problem.Well, many agricultural businesses(such as coffee and actually more than one—a mysterious thing called macadamia)successful. Evenhuis Colony Collapse Disorder(CCD)and a disease-causing But all is not well in the bee world.Yes,CCD and pest called the Varroa mite.Both are triggering severe the Varroa mite(the mite contains a virus that kills)are problems to bee populations.The last few years have problems for the honey bee,but Hawaii native bees seen efforts made by both bee growers and state also face dwindling numbers.Various factors,including agriculture officials to help stem the tide of the ever- being outcompeted by honey bees,have caused the decreasing numbers of bees that pollinate our crops reduction and even possible extinction of some species and produce delicious honey.That we have honey of the yellow-faced bees.Bishop Museum's collections bees here In Hawaii is a well-known fact,but do you are useful in showing the history of our state's plants know that they are not native?And do you know that and animals,and in this case,it shows that many Hawai'i does,in fact,have native bees that pollinate Hylaeus bees were much more common in years past. our flowering plants? Researchers have found that yellow-faced bees are Our honey bees were purposefully introduced and monophilic'loyal-to-one-species"pollinators(honey .._''`. Bishop Museum has a connection to this:its founder bees are more general pollinators)and some species • Charles Reed Bishop.In 1851,the Royal Hawaiian are the major pollinators of the rare and endangered r1', Agricultural Society decided honey bees should be silversword plants only found here in Hawaii.So,they ", imported to Hawaii to increase crop yields because the ARE necessary to keep our native plants surviving. ')! , f native bees here were not as productive.The native Despite all the bad stuff,hope for both bees exists. ' _• pollinators,the most common of which were the Recent research has found the cause of CCD and the native yellow-faced bees(Hylaeus bees),pollinated state is on top of getting rid of Varroa mites.Additionally, plants,but did not pollinate crops of introduced plants. the cute little yellow-faced bees are getting federal Contrastingly,honey bees are easily domesticated attention as efforts have been made to put some on in artificial hives,the hives contain honey,and also the Endangered and Threatened lists,which will help contain hundreds of little bees packed together,eagerly protect them.In a perfect world,we should be able waiting for the sun to rise so they can zoom out and to both have our honey and watch yellow-faced bees pollinate flowers. pollinate our native plants. It actually took three tries to get the bees here. The first time the bees died in transit.The second time a few bees survived the trip,but soon died.Mr.Bishop Oahu is often thought of as either so Incredibly bought the dying hives of the second shipment in urbanized or the land altered so much for agri- hopes they would survive,but they unfortunately did culture that any surviving native Hawaiian species not.The third try in 1857 included nine hives sent are rarely seen.A recent happy discovery that from San Jose,California.They arrived safely and soon goes against that theory was made by Museum after,more hives arrived and it wasn't long before research affiliate Dr.Karl Magnacca,who found feral bee colonies started appearing in O'ahu's forests. a new species of native yellow faced bee in the Growing honey bees in artificial hives quickly intensified WaPanae Mountains and named it Hylaeus makaha and has led to the bee populations we have today, (see its portrait above).Photo:Karl Magnacca all critical to pollinating Hawai'i's crops and making 20 KA'ELELE Spring 2014 Attachment 2 TRANSIENT ACCOMMODATIONS TAX Transient Accommodations Tax (TAT) Collections Amother measurement of the HTA's performance is the TAT Distribution FY 2013 ($mil.) amount of TAT collections that the state receives each month.The more TAT collected,the more benefits that Tourism are accrued to the state as a whole,to - -- Special Fund the individual counties,and ultimately, General Fund $71.0* to the benefit of Hawai'i's residents. $171.5 Importantly,this revenue finds its way i Convention Center into the local community on each island _ Enterprise Special to support schools,police,infrastructure Fund and parks,and contributes to an $33.0 improved quality of life for Hawaii residents.In FY 2013,the state collected a total of$368.5 million in TAT,which Counties was a 4.3.IEercent increase from FY $93.0 2012 when t e total collection was $323.9 million. Act 103,SLH 2011 was passed *Inclusive of$1 million proviso allocating monies to the State Department of in the 2011 Hawai`i state legislative Land and Natural Resources.Source:State Department of Taxation session that capped the TAT revenue to be deposited in the HTA's fund at$69 million.Act 171,SLH 2012 was passed in the 2012 Hawaii state legislative TAT Distribution FY 2014 ($mil.) session that increased the cap on TAT revenue to be deposited into HTA's fund to$71 million.Act 161,SLH 2013 was Tourism passed in the 2013 Hawaii legislative Special Fund session,setting the annual allocation of General Fund $82.0 TAT to the Tourism Special Fund and $161.0 • Convention Center Enterprise Special . Fund at$82 million and$33 million, • respectively,beginning July 1,2013. Convention Center Additionally,$3 million is allocated _ Enterprise Special to the state Department of Land and Fund Natural Resources(DLNR)with the $33.0 expenditure of funds to be approved by both the HTA and DLNR Board Department of Land Counties of Directors.With these additional &Natural Resources $93.0 resources,HTA remains optimistic and $3.0 committed to maintaining the vitality of Hawai'i's tourism economy. •-71t -./AX /J' VVA4/ n MW/14 7'17.b).-1' cs, 2013 Any�J/ ✓�31�- 27 Attachment 3 uifyf EXHIBIT I NET TAXABLE VALUE - 100% FMV - Less Exemptions TAX TAX - Less 50%Appeals . REVENUE RATE HOMESTEAD 3,489,094,500 (1,744,547) (0.50) RESIDENTIAL 5,576,433,050 1,951,752 0.35 VACATION RENTAL 2,626,160,600 3,807,933 1.45 HOTEL& RESORT 2,151,899,200 4,303,798 2.00 COMMERCIAL 984,821,900 98,482 0.10 INDUSTRIAL 343,885,450 34,389 0.10 AGRICULTURAL 763,156,850 267,105 0.35 CONSERVATION 75,366,350 26,378 0.35 Subtotal - 16,010,817,900 8,745,289 Less: Home Preservation Limit Differential (29,580) 8,715,709 $ 108,058,426 Total RPT $ 8,715,709 Increase in RPT $ 8,584,974 Remaining Amount After Public Access Contribution at 1.5% $ 8,672,131 Remaining Amount After Public Access Contribution at 0.5% $ 1,620,876.40 $ 518,233.00 $ 1,102,643.40 To Public Access Fund $ 7,613,066.05 $ 3,322,988.00 Shortfall $ 4,290,078.05 Attachment 4 EXHIBIT I A NET TAXABLE VALUE - 100% FMV - Less Exemptions TAX TAX - Less 50%Appeals REVENUE RATE HOMESTEAD 3,489,094,500 - 0.00 RESIDENTIAL 5,576,433,050 1,115,287 0.20 VACATION RENTAL 2,626,160,600 1,969,620 0.75 HOTEL &RESORT 2,151,899,200 3,765,824 1.75 COMMERCIAL 984,821,900 98,482 0.10 INDUSTRIAL 343,885,450 34,389 0.10 AGRICULTURAL 763,156,850 76,316 0.10 CONSERVATION 75,366,350 7,537 0.10 , Subtotal- 16,010,817,900 7,067,454 Less: Home Preservation Limit Differential (29,580) 7,037,874 $ 106,380,591 Total RPT $ 7,037,874 Increase in RPT $ 1,595,708.86 $ 518,233.00 $ 1,077,475.86 To Public Access Fund $ 5,960,397.85 $ 3,278,988.00 Shortfall $ 2,681,409.85 Attachment 5 yu HY\U rr2 EXHIBIT I NET TAXABLE VALUE - 100% FMV -Less Exemptions TAX TAX - Less 50%Appeals REVENUE RATE HOMESTEAD 3,489,094,500 - 0.00 RESIDENTIAL 5,576,433,050 1,115,287 0.20 VACATION RENTAL 2,626,160,600 - 0.00 HOTEL& RESORT 2,151,899,200 4,303,798 2.00 COMMERCIAL 984,821,900 - 0.00 INDUSTRIAL 343,885,450 - 0.00 AGRICULTURAL 763,156,850 - 0.00 CONSERVATION 75,366,350 - 0.00 Subtotal - 16,010,817,900 5,419,085 Less: Home Preservation Limit Differential (29,580) 5,389,505 $ 104,732,222 Total RPT $ 5,389,505 Increase in RPT $ 5,308,662 Remaining Amount After Public Access Contribution at 1.5% $ 5,362,557 Remaining Amount After Public Access Contribution at 0.5% $ 1,570,983.33 $ 518,233.00 $ 1,052,750.33 To Public Access Fund $ 4,336,754.68 $ 3,278,988.00 Shortfall $ 1,057,766.68 •. Attachment 6 Vac 0 EXHIBIT I NET TAXABLE VALUE - 100% FMV - Less Exemptions TAX TAX - Less 50%Appeals REVENUE RATE HOMESTEAD 3,489,094,500 - 0.00 RESIDENTIAL 5,576,433,050 - 0.00 VACATION RENTAL 2,626,160,600 2,626,161 1.00 HOTEL&RESORT 2,151,899,200 2,151,899 1.00 COMMERCIAL 984,821,900 - 0.00 INDUSTRIAL 343,885,450 - 0.00 AGRICULTURAL 763,156,850 - 0.00 CONSERVATION 75,366,350 - 0.00 Subtotal- 16,010,817,900 4,778,060 Less: Home Preservation Limit Differential (29,580) 4,748,480 f v ■ k $ 104,091,197 Total RPT $ 4,748,480 Increase in RPT $ 1,561,367.95 $ 518,233.00 $ 1,043,134.95 To Public Access Fund $ 3,705,344.85 $ 3,278,988.00 Shortfall $ 426,356.85 $ 104,091,197 Total RPT $ 4,748,480 Increase in RPT $ 520,455.98 $ 518,233.00 $ 2,222.98 To Public Access Fund $ 4,746,256.82 $ 3,278,988.00 Shortfall $ 1,467,268.82 Attactnt 7 EXHIBIT I B i NET TAXABLE VALUE - 100% FMV - Less Exemptions TAX TAX - Less 50%Appeals REVENUE RATE HOMESTEAD 3,489,094,500 - 0.00 RESIDENTIAL 5,576,433,050 1,115,287 0.20 VACATION RENTAL 2,626,160,600 1,969,620 0.75 HOTEL & RESORT 2,151,899,200 3,227,849 1.50 COMMERCIAL 984,821,900 98,482 0.10 INDUSTRIAL 343,885,450 34,389 0.10 AGRICULTURAL 763,156,850 76,316 0.10 CONSERVATION 75,366,350 7,537 0.10 Subtotal - 16,010,817,900 6,529,479 Less: Home Preservation Limit Differential (29,580) 6,499,899 $ 105,842,616 Total RPT $ 6,499,899 Increase in RPT $ 1,587,639.24 $ 518,233.00 $ 1,069,406.24 To Public Access Fund $ 5,430,492.68 $ 3,278,988.00 Shortfall $ 2,151,504.68