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HomeMy WebLinkAboutMIN FC 2017/03/21 2016-2018CALL TO ORDER: ROLL CALL: COMMITTEE ON FINANCE 6th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii March 21, 2017 The regular meeting of the Committee on Finance was called to order at 5:56 p.m. in the Council Chambers, Kailua-Kona, by Ms. Maile Medeiros David, Chair. Present: Ms. Maile Medeiros David, Chair Ms. Karen Eoff, Vice Chair Mr. Aaron S. Y. Chung, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member Ms. Eileen O'Hara, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Jennifer Ruggles, 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.) COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 7.4: FINAL MONTHLY BUDGET STATUS REPORT FOR THE MONTH ENDED OCTOBER 31, 2016, FROM THE DEPARTMENT OF FINANCE From Finance Director Collins Tomei, dated February 21, 2017, transmitting the above report pursuant to Hawaii County Charter Section 6-6.3(h). Vote on Comm. 7.4: Mr. Richards moved to close file on Comm. 7.4. Seconded Filed by Ms. Eoff and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair David - 9. Noes: None. Absent: None. Excused: None. FC -6 CHR. DAVID: Mr. Clerk, Communication 7.5 March 21, 2017 Comm. 7.5: FINAL MONTHLY BUDGET STATUS REPORT FOR THE MONTH ENDED NOVEMBER 30, 2016, FROM THE DEPARTMENT OF FINANCE From Finance Director Collins Tomei, dated February 22, 2017, transmitting the above report pursuant to Hawaii County Charter Section 6-6.3(h). Vote on Comm. 7.5: Ms. Ruggles moved to close file on Comm. 7.5. Filed Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair David - 9. Noes: None. Absent: None. Excused: None. Comm. 7.6: FINAL MONTHLY BUDGET STATUS REPORT FOR THE MONTH ENDED DECEMBER 31, 2016, FROM THE DEPARTMENT OF FINANCE From Finance Director Collins Tomei, dated February 27, 2017, transmitting the above report pursuant to Hawaii County Charter Section 6-6.3(h). Vote on Comm. 7.6: Mr. Richards moved to close file on Comm. 7.6. Filed Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair David - 9. Noes: None. Absent: None. Excused: None. Comm. 15.4: REPORT OF FUND TRANSFERS AUTHORIZED: FEBRUARY 1 - 15, 2017 From Controller Kay Oshiro, dated February 21, 2017. Page 2 FC -6 March 21, 2017 Vote on Comm. 15.4: Ms. Eoff moved to close file on Comm. 15.4. Seconded Filed by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair David - 9. Noes: None. Absent: None. Excused: None. Comm. 15.5: REPORT OF FUND TRANSFERS AUTHORIZED: FEBRUARY 16 - 28, 2017 From Controller Kay Oshiro, dated March 3, 2017. Vote on Comm. 15.5: Ms. Poindexter moved to close file on Comm. 15.5. Filed Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair David - 9. Noes: None. Absent: None. Excused: None. Comm. 146: 2016 ANNUAL REPORT OF THE REAL PROPERTY TAX BOARD OF REVIEW From Real Property Tax Board of Review Chairman Donald David, dated December 21, 2016, transmitting the above report pursuant to Hawai `i County Code Section 19-97(e). Vote on Comm. 146: Ms. Poindexter moved to close file on Comm. 146. Filed Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair David - 9. Noes: None. Absent: None. Excused: None. Page 3 FC -6 March 21, 2017 ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 101-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF A MULTI -FISCAL YEAR AGREEMENT FOR FURNISHING GREENWASTE DIVERSION OPERATIONS IN WEST HAWAII AND EAST HAWAII FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT The new contract would be for three years with the option of two one-year extensions, with an anticipated start date of July 1, 2017. Reference: Comm. 140 Intr. by: Ms. David (B/R) Postponed: March 7, 2017 (Note: There is a motion by Ms. O'Hara, seconded by Ms. Poindexter, to recommend adoption of Resolution 101-17.) CHR. DAVID: Council Members, discussion, please. Ms. Poindexter, go ahead. MS. POINDEXTER: I was going to ask to still make a continuance of this. Are we on 101? CHR. DAVID: Yes. MS. POINDEXTER: I want to hear from Council Member O'Hara on this. I think she is— CHR. DAVID: Council Member O'Hara. MS. O'HARA: Actually, I'd like to understand why you would go for a continuance on this. I'm just curious. MS. POINDEXTER: Because this would give them the opportunity to go out and get agreements and another reason to say that their—the termination of the contract would be okay now, if they're going out to do these greenwaste diversion operations. MS. O'HARA: Well, let me just understand the process then. This resolution is in Committee. MS. POINDEXTER: Right. Page 4 FC -6 March 21, 2017 MS. O'HARA: And even—no matter what we vote, "yes" or "no," it has advanced to Council. Isn't that correct? CHR. DAVID: Yes. MS. O'HARA: And then if the Council were to vote "no" on this, that does not award them the right to go out for a multi-year contract. Is that correct? MS. POINDEXTER: Can I answer? CHR. DAVID: Yeah. MS. POINDEXTER: Yes, but I was saying then maybe we should have a discussion. More discussion on Council, if you wanted to vote it—have a negative recommendation to move it up to Council. But then when it would come back to Council in a couple of weeks, then we either got to vote it down or vote it forward, and I don't know if we're going to be ready at that point because we're still looking at the termination of that contract. MS. O'HARA: Yeah, thank you for the discussion. What we're hearing, at least as represented in the recent Executive Session, was that the contract has been formally terminated according to the administration. So I don't—although we may not agree with that action, I don't know how stalling this motion has any impact on it. I guess I'm just not clear. MS. POINDEXTER: Okay, can I explain to her what my thoughts are? CHR. DAVID: Yes, go ahead, Ms. Poindexter. MS. POINDEXTER: I thought, coming out of Executive Session, too, that there was a question in regards to the authority, and if the Mayor had that authority and he was—who was considered the governing body, and the interpretation of that. So, I thought that was still being looked at. I don't know, I may be wrong but— MS. O'HARA: I would need a greater advice. And since we do have a seated attorney, maybe Councilman Chung could—no, I was going to ask you, Councilman, to respond to that. Because, to me, it sounds like that is more of a legal challenge that would be done not through an action by the—I mean, the Council could choose to take the action and make that legal challenge, but it would play itself out in court not in any discussion with this body. Is that correct? What, what? How do you foresee that? CHR. DAVID: Mr. Chung, would you like to respond to that? MR. CHUNG: I don't mind, but what's the question? Page 5 FC -6 March 21, 2017 MS. POINDEXTER: Well, basically, is if—should we keep this in Committee or move it forward to Council within that time? But I was thinking don't move it to Council yet because I thought we still had a chance of—I didn't think the termination of the contract was like officially done yet, because I thought in Executive Session there were things that we discussed that was going be taken back to the Mayor; and then, also, the question of the governing body and the authority, whether it would be the Finance Director or who was making that decision. There was a lot of—it was kind of muddy, all over the place. So I'm saying that, would it be wise ? For me, I don't feel it would be wise to move this to Council, and keep on moving this when we're going to be voting on this, if it moves to Council in the following two weeks, and we would have to go either one way or the other. MR. CHUNG: Is that a legal question? I don't think so, right? It's just— CHR. DAVID: It's just a question. MS. POINDEXTER: It's my comments. Yeah, it's my concern. MR. CHUNG: Really needs a legal assessment. Whatever each of you feel is appropriate. But since I have my mike on, can I? CHR. DAVID: Mr. Chung, go right ahead. MR. CHUNG: This is what I'm going to do, I'm going to vote against this resolution, okay? And, I'm hoping that our team over there can talk to the Mayor and persuade him to at least reconsider his position. Yeah, Joe cannot hear. But I've got to say I don't like the decision that made in canceling the present contract. It's eroded my trust in their ability to make sound decisions. So now we're just going to just scrap that and give them the authority to enter into something else, sorry, not me, I can't do it, yeah? Unless I see some movement on that other thing, I am just inclined to really go with anything that comes out of that department already. CHR. DAVID: Thank you, Mr. Chung. Mr. Kanuha. MR. KANUHA: Thank you. And, I'm kind of piggy -backing on what Mr. Chung said, which is what pretty much I was going to say as well. Being that we stated a lot of what happened in this last contract, I was completely against what happened in the beginning of canceling the contract. And to move forward with something that is—it's different than the original. I'm not in favor of moving forward with what we have now. I was in favor of what we had in the beginning; that's why we voted on it before and addressed Page 6 FC -6 March 21, 2017 that, so I can't possibly vote in favor of this right now. It just seems contrary, as was stated earlier to what our position was as a Council, so I'll state that. CHR. DAVID: Thank you, Mr. Kanuha. Anyone else? Mr. Richards. MR. RICHARDS: I'm going to echo, previous to Councilmen's' decisions and comments. Yeah, going forward with this, I think it's a procedural question. Keep it in Council, oh, excuse me, keep it in committee, or sending it forward with a negative recommendation, I suggest keep it in Committee. We're not set. We're not ready for prime time yet. CHR. DAVID: Thank you, Mr. Richards. Ms. O'Hara. MS. O'HARA: I'm for moving forward with the resolution and taking the vote today. I do not plan to support the resolution. As I said in our last meeting, before we decided to postpone it, is that I couldn't vote for this resolution in the way that it's worded because it doesn't provide me any assurance that we are going to pursue the goals of controlling invasive species or composting. Neither of those elements are in this resolution, and I stated that last time. So I wouldn't be voting for this even if we were at the end of a normal ten-year contract. We needed a—to authorize going out for a new contract because of the wording of the resolution. And, my concern that the only way we're going to get a cheap deal is to walk backwards on what we're doing currently, which is finally, finally, after the 15 years that I've been involved with the County greenwaste operations, we're finally controlling foreign invasive species. I'm not going to walk that back, not with what's at stake between little red fire ants, coqui frogs, stinging caterpillars, I could go on. We need to prevent the spread of these types of organisms all over the island. We haven't been doing a good job, and we need to do it right. So, that's why I would not be supporting this resolution now. I also have some concerns, because in Executive Session we did have some discussion about various parties that may be interested in pursuing eventual contracts with the County. And I just observed a representative of one of those companies, who sat through the entire hearings, not the Executive Session of course, no one was allowed in here, but I find that a little disconcerting. So if the administration wants to show good faith, I would urge the two gentlemen over there to please speak with the Mayor, as has our Senator Kahele and our Representative Chris Todd, to encourage him to reconsider the decision he made. Thank you. CHR. DAVID: Thank you, Ms. O'Hara. Ms. Eoff, go ahead. Page 7 FC -6 March 21, 2017 MS. EOFF: So I'm kind of torn because I see the reason for leaving it here in Committee and not acting at all. But if we really want to send a strong message to the Mayor, then I guess we can vote on it. If we vote "no" and send it with a negative recommendation, I think it kind of—is a stronger message that we're not really interested in, at this point, looking to go out for a new contract. We're satisfied with what we have currently, and we'd like to see that continue. So, I'm kind of torn because I do see—if we just leave it here, then it kind of keeps it more open, depending on what's going to happen. I feel like we're in a kind of lose -lose anyway. So I guess I can vote—if we don't make a motion to postpone, I'll just vote "no" on this resolution. CHR. DAVID: Thank you, Ms. Eoff. Anyone else? Ms. Poindexter. MS. POINDEXTER: And I see your point, Council Member Eoff. I definitely want to vote "no" on this. However, if it gets up to Council and something else comes up and somebody's putting in an amendment and stuff, and then there's a chance—I don't know if there would ever be a chance of it going through. You never know. That's why I'm so afraid of it going up to Council because the period is so short for either it to go through or not. And if some argument would come up— Point of Order: MS. O'HARA: Point of order. Am I correct, Clerk? I remember my first meeting I tried to amend a resolution, and I was told you don't amend resolutions. MS. POINDEXTER: Yeah, you do. MR. HENRICKS : You can. It might have because it was trying to make a verbal amendment, perhaps, is why. Like a substantial verbal amendment is the only thing I think of where you would've provided any guidance that you can amend a resolution. I think it might have been a verbal amendment on the floor that wasn't a typo, perhaps. MS. O'HARA: Okay. I just wanted that clarification. Thank you. MS. POINDEXTER: And you could make that amendment at Council, as well. So, I like the idea of sending this strong message. Because I don't think anybody, any one of us, would vote for this as it reads now; but, someone could amend it to be very strong and change the whole—I mean, gut most of it or add a lot more. But, my concern is time. And I would hate something to be pushed through, in two weeks from now, because of some fluke. I don't know. You never know what can happen, so that's why I'm cautioning time. Page 8 FC -6 March 21, 2017 CHR. DAVID: Thank you, Ms. Poindexter. Ms. Ruggles. MS. RUGGLES: If we don't approve this and it be brought to us again, or is this pau? So if we don't approve it, it'll stay in Committee? Oh, okay. Okay, thanks. CHR. DAVID: Anyone else? Okay, Ms. Eoff. MS. EOFF: Well, just her question. In Committee, we cannot really kill it, so it has to move to Council with either a positive or negative, But that was a good question. Because if we do kill it at Council, can the administration come back with another similar resolution or will that prevent that option? CHR. DAVID: Well, Mr. Clerk, I believe—does that fall under the same— bringing in the same resolution? MR. HENRICKS: Key words are "substantially the same form." CHR. DAVID: "Substantially the same," in the same terms. MR. HENRICKS: And you guys can make that decision, I believe, if something isn't— MS. EOFF: So something else could come forward, if it was— MR. HENRICKS: Provided it wasn't in substantially the same form. MS. EOFF: Okay. CHR. DAVID: Thank you, Mr. Clerk. Anyone else before—no? Okay, I'm just going to say really quickly my thoughts. Given our discussion in Executive Session, and I think in session, there was a unified position that this body took. And I really believe that resolutions move forward anyway with a negative or positive. I really support sending a strong but not an obnoxious message to the Mayor, so I really want to send a respectful, strong message to the Mayor, and that's why I would be voting—I'd rather vote on it than postpone this matter. So, my colleagues, all those in favor of approving Resolution 101-17? I'll do a roll call, don't worry. Approval of Resolution 101-17, I'm going to take a roll call vote. Mr. Clerk, please? Page 9 FC -6 March 21, 2017 Vote on Res. 101-17: The motion to recommend adoption of Res. 101-17 failed Failed by the following roll call vote: Ayes: None. Noes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair David - 9. Absent: None. Excused: None. (Note: Ms. Poindexter voted " Unalua" then "no.") (Note: Res. 101-17 will be forwarded to Council with a negative recommendation.) CHR. DAVID: Mahalo. This resolution moves forward with a negative recommendation. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. (There were none.) CHR. DAVID: So, please may I have motion to adjourn? ADJOURN- There being no further business, at 6:17 p.m., Ms. Lee Loy moved to adjourn MENT: the meeting. Seconded by Ms. O'Hara and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair David - 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: We are adjourned. Approved: Ms. Maile Me eiros David, Chair (Date) Finance Committee MD/na Page 10