HomeMy WebLinkAboutREP FC 439 08/27/1991 REPORT OF THE
COMMITTEE ON FINANCE
Date: August 27, 1991 Re: Comm. 2759
Place: Councilroom
Time: 10 : 00 a .m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Finance, to which was referred Bill 471, reports
as follows :
The purpose of Bill 471 is to authorize the issuance of thirty
million dollars ($30, 000 , 000) of General Obligation Bonds of the
County of Hawaii for the purpose of financing various public
improvements of the County of Hawaii ; fixing the form,
denominations, and certain other details of such bonds and providing
for their sale; and authorizing the issuance and sale of a like
principal amount of General Obligation Bond Anticipation Notes in
anticipation of the issuance and sale of such bonds .
Communication No . 2759 from Councilman Harry S. Ruddle, Chairman,
Hawaii County Housing Agency (HCHA) dated August 18, 1991, transmits
subject Bill 471 and Bill 470 which amends Ordinance 91-51 by adding
the Waikoloa Affordable Housing Project and appropriating
$30, 000, 000 for which funds will be provided from the sale of the
general obligation bonds described in Bill 471 .
Also transmitted together with Bill 471 is a letter dated August 8,
1991, from the County Bond Counsel Wood Dawson Smith Hellman to
Frank Manalili , Treasurer, COH. Therein is stated that the subject
Bond Ordinance 471 (Draft 1) had been modified to reflect suggested
changes made by the bond underwriter to permit the issuance of
variable rate bonds, which will be issued as reimbursable general
obligations . It further states, if variable rates bonds are issued,
the County Council must adopt at the time of sale of the bonds a
resolution approving the support facility agreement, tender
agreement and remarketing agreement .
Your Committee reviewed and heard testimony regarding Communication
No . 2799 , dated August 19 , 1991 from the Council Chairman to the
Managing Director, which questioned the impact the $30 million bond
issue would have on the County' s present and future municipal bond
rating, and Communication No . 2800, dated August 26, 1991, the
Managing Director ' s response to Communication 2799 . The
Administration' s representatives explained they had received
assurances from their bond counsel that the issue would not
negatively affect the County' s bond rating and the debt service
projections were within legal and financially prudent limits .
FC REPORT NO, 439
ADOPTED: SEP 10 1991
•
FC-439 Page 2 August 27, 1991
Referring to a debt service projection chart attached to
Communication No . 2800, they stated the subject G.O. Bond issue of
$30 million, plus anticipated sewer and wastewater bond issues
totalling approximately $44 . 6 million, plus the County' s existing
funded debt would not exceed the legal net funded debt limit
allowable under the State Constitution. They noted the Constitution
places a 15% ceiling on the County' s net funded debt which is based
on the County' s total Net Assessed Valuation of Real Property. They
further explained the State Constitution allows them to exclude the
subject $30 million bond issue from the County' s net funded debt
calculations .
However, the Administration did add the $30 million issue and all
present and future issue amounts when calculating the prudent
financial limits of debt service based on general fund revenue
projections . Again, the projected debt service is below the prudent
financial ceiling of 15% of general fund revenues over the
anticipated 20 year term of the $30 million bond issue.
The Administration explained the $30 million bond issue is scheduled
to be retired within 5 years from issuance, but due to the present
favorable bond market conditions and uncertainty of future market
conditions for the sake of financial flexibility, the 20 year
schedule for repayment was incorporated into the issue and used for
debt service projections .
Your Committee members questioned the practice of retaining bond
counsel for the subject bond issue prior to receiving Council
authorization to proceed with issuance of the bonds . The County' s
Treasurer responded by explaining the bond counsel Wood Dawson Smith
& Hellman has been used for many of the County' s previous G.O. Bond
issues and provided satisfactory services . He also stated that
although the same bond counsel has provided opinions regarding the
subject $30 million issue, the firm has not been formally retained
and the County will not be charged until the Council authorizes the
issue and the Administration selects bond counsel .
Some Committee members expressed their concern that the $30 million
bond float represents the largest issue in the history of the
Council for public improvements and will be the first time the
County has engaged in such a large financial endeavor with a private
developer . The Administration responded by saying although there
are risks, the savings possibilities and benefits outweigh the risks
to the County.
FC- 439 Page 3 August 27, 1991
Your Committee noted the development agreement Section 2(b) (ii) and
(iii) states, units to be sold or rented at prices affordable to
families earning more than 100% of the Median Household Income, but
Section 4 states rentals available to families earning up to 100% of
Median Household Income. The OHCD representative stated this
reference was an oversight, and the intent had always been to
provide rentals to only those persons in the category earning less
than 100% the Median Household Income. He further stated the use of
the term "Development Agreement" was not appropriate and a new draft
inserting "Agreement" in place of "Development Agreement" was being
prepared.
Your Committee Chair indicated she had several more questions to the
Administration and developer but she yielded to another Committee
member, who made a motion to move the previous question. After this
motion passed, the original motion to approve said Bill 471 and pass
it on to the full Council for adoption, was passed by a majority
vote.
Your Committee on Finance is in accord with the intent and purpose
of Bill 471 and recommends that it pass first reading .
HELENE H. HALE, CHAIRWOMAN
ROB' RT H. MAKUAKANE, VICE CHR. BRIAN I . DE LIMA, MEMBER
TA SHI DOMINGO, MEMB MERLE K. LA , MEMBER
HARRY S. DDLE, MEMBER SPENC K. SCHUTTE, MEMBER
POL
• • MIS.JRITY REPORT OF THE COMMIT`. ON FINANCE
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
We do not concur with the Finance Committee Report regarding
Communication 2759/Bill 471 because we do not believe that the issues
were thoroughly discussed.
We believe that a General Obligation bond float of $30, 000, 000 for a
private developer is too important a decision to be made without more
public input . In particular, we object to the motion to "call the
previous question" which effectively cuts off debate.
. i 1_-- �'
HEL NE H. HALE, COUNCILWOMAN MERLE . LAI , COUNCILWOMAN