Loading...
HomeMy WebLinkAboutMIN FC 2024/04/02 (2022-2024)Committee on Finance 32"1 Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii April 2, 2024 CALL TO The regular meeting of the Committee on Finance was called to order at ORDER: 9:01 a.m., in the Council Chambers, Hilo, by Mr. Matt Kaneali`i-Kleinfelder, Chair. ROLL CALL: Present: Mr. Matt Kaneali`i-Kleinfelder, Chair Ms. Cindy Evans, Vice Chair Ms. Michelle M. Galimba, Member (came in later) Mr. Holeka Goro Inaba, Member Ms. Jenn Kagiwada, Member Ms, Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) CHR. KANEALI`I-KLEINFELDER: Let the record reflect that Council Member Galimba has joined us. With that, Mr. Clerk, let's go to our first order of business. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 13.31: REPORT OF CHANGE ORDERS AUTHORIZED: FEBRUARY 16 -- 29 2024 From Finance Director Diane Nakagawa, dated March 13, 2024, transmitting the above report pursuant to Section 2-12.3 of the Hawaii County Code. Motion to Close File: Ms. Lee Loy moved to close file on Comm, 13.31. Seconded by Mr. Inaba. CHR. KANEALI`I-KLEINFELDER: Council Members, discussion on the measure? Council Member Kimball, go ahead. FC-32 April 2, 2024 MS, KIMBALL: Just wanted to disclose that one of the Change Orders is for Fleming and Associates, which is my husband's firm. Of course, we're just receiving this communication and not decision making on the Change Order itself, so I do not feel conflicted. Thank you. CHR. KANEALI`I-KLEINFELDER: Thank you. Okay, further discussion? Hearing and seeing none, the motion is on the floor to close file on Communication 13.31. All in favor? Any opposed? Vote on Comm. 13.31: The motion to close file on Comm. 13.31 was carried by Filed the following voice vote: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kaneah'i-Klcinfelder — 9. Noes: None. Absent: None. Excused: None. Comm. 139.3: SECOND QUARTER CLAIMS REPORT: OCTOBER I — DECEMBER 31, 2023 From Claims Investigator/Adjustor Clifford D. Victorine 11I, dated March 7, 2024, transmitting the above report pursuant to Section 2-9 of the Hawaii County Code. Motion to Close File: Ms, Lee Loy moved to close file on Comm. 139.3. Seconded by Mc. Inaba. CHR KANEALI`l-KLEINFELDER: We do have Mr. Victorine joining us today in Council, should there be any questions from the Council Members, Council Member Kimball. MS. KIMBALL: I just had a question about the General Liability Claim for the vehicle damage due to County road conditions and what was involved in that particular claim. (Note: At this time, Corporation Counsel Claims Investigator/Adjustor Clifford D. Victorine III, came forward to address the members of the Committee.) MR. VICTORINE: Good morning Chair and Members. Cliff Victorine with Corporation Counsel. What was the question again? MS. KIMBALL: The General Liability Claim, no, that's not the one. Vehicle damage due to County road conditions; Shiraki, Kevin? MR, VICTORINE: The road itself, a lot of times people hit potholes, and they think just because they hit a pothole, it's the County's fault. Page 2 F C-32 April 2, 2024 There's a lot more that goes into it than just that. So, when we look into it more, then the maintenance should have been done better; or it should have been done, they had enough notice, and it wasn't done in time. Then it's something that, if taken more into consideration. So, in that case, it was more than just that the person hit the pothole, There was amiss, shall we say. I don't want to say a lack of —but the repair was overseen and not done in a timely manner. MS. KIMBALL: Okay, so, there's a reporting element to it. for us to have that liability? MR. VICTORINE: That might be part of it. There's a whole lot of different factors that come into play. But, for instance, if you're going and a pothole pops up tonight, right, and somebody hits it that time. Was that a reasonable time for the County to have notice that it's there? And then respond and fix the hole. So, that's one of the things we'll look at. MS. KIMBALL: The reason I'm asking about it is, I have a roadway in my district that is being used as a detour because of some other County work, and it was not intended for the type of traffic that it's getting now. And so, I'm getting a lot of complaints from folks about damage to their cars because it's in a substandard condition. We have Judge Strance. MR. VICTORINE: I would recommend that if they're having those types of complaints that you direct them to the Department of Public Works. They do have a hotline that they monitor. They can also email. So that would be the repairing department if it's them that's actually doing the work, so. (Note: At this time, Corporation Counsel Elizabeth Strance, carve forward to address the members of the Committee.) MS, STRANCE: Good morning, Elizabeth Strance, Corporation Counsel. There needs to be more than just an uncorrected pothole. And so, as Mr. Victorine was saying, there's a number of other factors, some factors including where the driver should be taking care. So in emergency situations, for example, the County is not going to be able to pave a road to address an emergent situation. So, there would be a number of factors, and there are some legal factors associated with assessing whether the County is negligent in these kinds of situations where we should be making payment. I agree with Cliff that people should, if they're concerned about road conditions, their first lime should be to contact the Department of Public Works who's responsible for road maintenance. But I don't want to give the impression that the County's going to pay for every damage to a vehicle for somebody hitting a pothole, you know. And so, there has to be something unique or significant about a particular event that would cause us to pay out. Page 3 FC-32 April 2, 2024 MR. KIMBALL: Okay, that's what I was trying to understand because the description is so brief: That seems to happen a lot. There has to be special conditions. MS. STRANGE. Yeah, that had caught nay attention, too. Cliff and I discussed that. MS. KIMBALL: Alright, thank you. I yield, Chair. CHR, KANEALI`I-KLEINFELDER: Council Member Galimba, go ahead. MS. GALIMBA: Yes, I just wanted to ask, since we're asking, about Kona Hills, LLC. The mistitling that led to a loss of value. Could you tell me a little bit more about that? MS. STRANCE. We're just discussing what level of detail we can go into in an open session. So, I think it would be okay to just give her a general overview, but not get into the weeds on it, a little bit. So, maybe what the allegation was and then that we settled for that amount. But if you want a more detailed analysis of what went into our assessment, we would prefer that be done in Executive Session. MR. VICTORINE: Just generally, you know, we all have vehicles that we've got to title. So, it was titled in a way that the person was not aware that the value of it was not where it should be, and the people titling it were aware of it and mistakenly titled it, MS. GALIMBA: Thank you very much. CHR. KANEALI`I-KLEINFELDER: Okay, seeing no more discussion, my one point I wanted to bring up, Mr. Victorine, we talk about this all the time. At least I kind of hammer on this. But in our last round of discussion with Fire Department, their new RFPs (Requests for Proposals) are going to have 360 view camera systems. Hopefully, being installed in the new trucks corning in, which should help us avoid some of these accidents that we have here. I'm not saying HFD (Hawai`i Fire Department) is the only one. Because there's a number of different agencies on here. But I love that they're moving in that direction. So, hopefully, we see less of these claims over time. MR. VICTORINE: Just to touch on that. I have discussed that and let it be known that this question consistently comes up. I'm not running from it, but it's something that they should look into. A lot of these departments are responsible for ordering their own vehicles. So, it's going to be great. We're going to have a Safety Committee that's going to be starting up again, and it's going to have a representative of each department there. Page 4 FC-32 April 2, 2024 And it would be again, a place for us to go directly to the department and talk to them. Department Heads, we'll try to let them know that hey, this is something of concern and should be looked at too when they're ordering their vehicles; placed in there. I think, like you talked about the cameras. I've always brought up the sensors also. They work great together. CHR. KANEALI`I-KLEINFELDER: Good job, well done. Thank you. Okay, seeing no further discussion, the motion on the floor to close file on Communication 139.3. All in favor? Any opposed? Vote on Comm. 139.3: The motion to close file on Comm, 139.3 was carried by Filed the following voice vote: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kane ali `i-Klcinfelder — 9. Noes: None. Absent: None. Excused: None. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 142: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALING ORDINANCE NO.23-46 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2024 Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, Student Helpers, and Senior Community Services Aids for various County agencies, and incorporates updates to minimum wage positions. Reference: Comm.781 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Motion to Approve: Mr. Inaba moved to recommend passage of Bill 142 on first reading. Seconded by Ms. Galimba. CHR. KANEALI`I-KLEINFELDER: Discussion? Mr. Holeka Inaba, go ahead. Page 5 FC-32 April 2, 2424 MR. INABA: Thank you. I just wanted to make sure I understand it. So, the only changes as compared to the current Salary Ordinance is Section 3 (A) and (B), Sections 7.01 and Section 7.02, is that correct? Okay, we have a nod from our HR (Haman Resources) Director. Okay, sounds good. Thank you. In support. CHR. KANEALN-KLEINFELDER: Thank you. Council Member Galimba, MS, GALIMBA: Thanks. I just wanted to ask, for the Council Aide, was there an A and B that was there previously that's no longer there? Okay, I just wanted to check. Thanks. CHR. KANEALI`I-KLEINFELDER: Thank you, Council Member Evans. MS. EVANS: Yes. When I first looked at this, it was like, we're not touching the salaries of the Legislative Branch. However, I wanted to go back to Section 2, Payroll Periods. And I do have a question for someone from Human Resources. Is that who's present? Thank you. I have a question about fractional computation. I had the experience of finding someone to came to work for me, and they agreed to it. And it was like four or five days before —here's a better example. So January 2,d; love to have you come onboard, we'll fill out the paperwork, and we'll get you there. And then I'm told that they can't start until January 16`', because your payroll period is twice a month, and you don't do fractional. And yet I'm seeing a comment here called fractional computation. So, why can't we hire son -cone whenever we hire, and they show up when we want them to show up? Instead of saying, you can't show up until the first of the month or the 16`h of the month. (Note: At this time, Human Resources Specialist Michele Lamkin, came forward to address the members of the Committee.) MS. LAMKIN: Hi, my name is Michele Lamkin. I'm the Program Specialist in Human Resources for classification of pay. And I'm the one who helps draft this document every year. So, what they're talking about there, it's not that they have to only start on the I" and the 16"'. Only because sometimes those days will be on a weekend. For instance, myself, I started October 2"d in 2017. So, it was off. When they're talking about fractional computation is when we take the rate of compensation, and it has to be divisible by 24. If it comes out as, you know, say per hour, 23.111111, then it's considered fractional pay. That's why we had to change the pay rate of compensation in Section 3 of those positions. They Page 6 PC-32 April 2, 2024 weren't divisible by 24. So, that's basically what it's referring to. So, we're not requiring that everybody has to start on the I" or the 16"' MS. EVANS: So, they can start on the 10"'. MS. LAMKIN: Yeah, and we have people starting effective —well it was April I", I should say. But we have people all the time; employees starting within the month. Then Payroll will adjust their pay manually for that first pay. It's not always going to be for the frill two weeks. But the fractional pay is basically speaking about the, you know, the division. It has to be divisible by 24. And if it comes out to .25, you know. Say you're going to earn 30.25 cents per hour, that's fine. Or if it's .50 or .75, but it just can't be those fractional numbers that go on kind of into infinity. That's difficult. MS. EVANS: Right. That makes sense. (Note: At this time, Human Resources Director Sunrmer Tokihiro, came forward to address the members of the Committee.) MS. TOKIHIRO: Good morning, Summer Tokihiro, Director of Human Resources. To answer your question regarding starting someone mid -pay period, that is able to happen with the approval of the Finance Director. So, a request is made to the Director of Finance to start mid -pay period. MS. EVANS: Okay, yeah, well that's good to know. And then in terms of structuring the bill, was there a reason we had to put in Section 3, which talks about the Legislative Branch's salary. Is that because you're tying -I'm trying to figure out what we're doing with the legislative part. I understand what you're doing with the Housing part. See Section 7.01(b), I understand what you're doing there, but why is the Legislative Branch included in this bill? MS. LAMKIN: It's because the better pay comes out of the Salary Ordinance. It has to be the authority to pay those positions. Those positions are not on our Compensation Plan. MS. EVANS: Right, right. Page 7 FC-32 April 2, 2024 MS. LAMKIN: And they're not under where they would be paid for, like the Directors, excluded managerial or exempt types of positions. So, they're deemed the authority to pay these particular positions and comes from the Salary Ordinance. That's why we renew each year. Because if we didn't, then there would be no authority to pay. They do give descriptions. So if you look at Section 3 (B), it will talk about that. It will have the pay grades next to it and list those types of positions. So, like Position EA, Executive Assistant to the Council Chairperson. They're in this plan because it's the only authority to pay those positions. MS. EVANS: Okay, that makes sense. What if we disagree with the salary and the ranges that you have? MS. LAMKIN: Oh, well, we don't set those. Actually, the beginning of February of each year, I send it out to the various departments. So, it goes to the Office of the County Clerk; goes to the Office of Management; Housing and Community Development; also, the Office of the County Auditor, So, I ask thetas to review the draft and make any changes. Last year, we had quite a few changes, and ahnost every salary was changed for those levels. And some steps were added; well, we call them steps, but they're numbers. MS. EVANS: Yeah, I remember last year. MS. LAMKIN: It was a big one. MS. EVANS: They subtracted and added, I saw that. MS. LAMKIN: So, they're the ones that make the decision, because they're appointing the positions, and they can appoint them at what salaries they want. MS. EVANS: So, there's no changes being recommended this year. I'm sorry, I just need to learn this. So, it went to our Chair to review in February. MS. LAMKIN: Not the Chair, no. For that particular one, the Office of the County Clerk. So, I sent it to them; they review it and come back. The only reason why Section 3 (A) and (B) has changed is because they were divisional. We had to clean it up so it was divisible by 24. Those numbers were always fractional division. The only salaries that really changed was the Office of Management, the County Physician, and the Assistant County Physician. Also, the minimum wage, that changed by law. Page 8 %C-32 April 2, 2024 MS. EVANS: Right. I saw that. Yeah, that was good. So, I guess for process, in February, this would have gone to our Clerk? MS, LAMKIN: Yeah, the Office of the County Clerk to review. They're given about three or four weeks. Then they come back and tell me, okay, these are the changes we want. Then we run it by and once they make the changes, then we send it to the Finance Department to Budget. They look at it; then it goes to Corporation Counsel for form and legality. MS. EVANS: Well, thank you. I just want to state for the record, that I don't like seeing any salary starting for any of our staff in the Legislative Branch at $30,000 a year. I think we should be higher, Yes, you can say, you know, it's at the call of us snaking the decision we're to hire within the Step Grade. Looking at it, it just bothers me that that's the kind of salary for full-time employees that were even seen on our Step Grade, and I wish that was different. But, anyway, these are my comments. I yield. CHR. KANEALI`I-KLEINFELDER: Thank you. Council Member Villegas. MS. VILLEGAS: .lust real quick. First off, thank you, Council Member Evans for your statement on that. I was also a little surprised that something started that low in salary. Unfortunately, I think that exists a lot of places. But I'm grateful that we have the autonomy as Council people to pick the salary and pay grade for the staff that we hire. I also wanted to say thank you. I have received a number of emails in the last year or two from the County Physician. And with some of the frustration and challenges of being part-time. I apologize. I'm not remembering all of those exact details right now, but I'm hopeful that what I'm seeing here is a remedy for those issues that were being experienced by our County Physician and Assistant County Physician. Yes. MS. LAMKIN: Yes, they were increased. So, possibly that will be helpful. MS. VILLEGAS: Wonderful. Yeah, we have a challenged time to keep medical providers here. And someone that serves our County ohana of employees. I think it's great. So, I just want to say thank you for helping to rectify that situation. I yield. CHR. KANEALI`I-KLEINFELDER; Thank you. Seeing no fiirther discussion, thank you very much. Thank you for the information and bringing this forward. Okay Council Members, we do have the motion is on the floor to forward Bill 142 to Council with a favorable recommendation. All in favor. Any opposed? Page 9 PC-32 April 2, 2024 Vote on Bill 142: The motion to recommend passage of Bill 142 on first (Approved reading was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Chair Kaneali`i-Kleinfelder — 8. Noes: Noise. Absent: Committee Member Lee Loy -- 1. Excused: None. ADJOURN- There being no further business on our agenda today, Chair KAneali`i-Kleinfelder MENT: adjourned the meeting at 9:27 a.m. Thank you very much. Approved: ( Kr� Mr, Matt KAneali`i- einfelder, Chair (Date) Finance Committee MK/dt Page 10