HomeMy WebLinkAboutMIN FC 2018/07/24 2016-2018Committee on Finance
39t` Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
July 24, 2018
CALL TO The regular meeting of the Committee on Finance was called to order at
ORDER: 1:32 p.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff,
Vice Chair.
ROLL CALL -
Present: Ms.
Karen Eoff, Acting Chair
Mr.
Aaron S. Y. Chung, Member
Mr.
Dru Mamo Kanuha, Member
Ms.
Susan L. K. Lee Loy, Member
Ms.
Eileen O'Hara, Member (via videoconference from Hilo)
Ms.
Valerie T. Poindexter, Member
Mr.
Herbert M. "Tim" Richards, III, Member (via videoconference from Hilo)
Ms.
Jennifer Ruggles, Member (came in later)
Absent: Ms.
Maile Medeiros David, Chair
ACTING CHR. EOFF: Council member David is absent today. She has a minor
medical procedure, so as Vice Chair I'm going to be chairing the Finance
Committee.
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.
ACTING CHR. EOFF: Mr. Clerk, let's move on to Communication 7.24.
Comm. 7.24: MONTHLY BUDGET STATUS REPORT FOR THE MONTH ENDED
MAY 31, 2018, FROM THE DEPARTMENT OF FINANCE
From Finance Director Deanna Sako, dated June 27, 2018, transmitting the
above report pursuant to Hawaii County Charter Section 6-6.3(h).
FC -39
July 24, 2018
Vote on Comm. 7.24: Ms. Poindexter moved to close file on Comm. 7.24.
Filed Seconded by Mr. Kanuha and carried by the following
voice vote:
Ayes: Committee Members Chung, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff – 7.
Noes: None.
Absent: Committee Members David and Ruggles – 2.
Excused: None.
ACTING CHR. EOFF: Let's move on to Communication 377.4.
Comm. 377.4: FOURTH QUARTER REPORT OF PERSONS EMPLOYED UNDER A
CONTRACT FOR LESS THAN 90 DAYS: APRIL 1 – JUNE 30, 2018
From Human Resources Director William V. Brilhante, Jr., dated June 29, 2018,
transmitting the above report pursuant to Section 2-12.5 of the Hawaii County
Code.
Motion to Close File: Ms. Poindexter moved to close file on comm. 377.4.
Seconded by Mr. Kanuha.
(Note: At this time, Deputy Finance Director Nancy Crawford came
forward to address the members of the Committee.)
ACTING CHR. EOFF: Any questions or comments, Council Members?
MS. O'HARA: I have one, Chair.
ACTING CHR. EOFF: Ms. O'Hara.
MS. O'HARA: With the contract for the last individual named here, it appears
this is something recent that has occurred since the eruption.
ACTING CHR. EOFF: I'm sorry, Ms. O'Hara, which one were you pointing out?
MS. O'HARA: I'm sorry, are we are on Communication 7—maybe I'm on the
wrong communication. Is it 377.4?
ACTING CHR. EOFF: Yes. I just didn't hear what you said.
MS. O'HARA: Okay. Oh, no. What I was saying is—and Ms. Crawford's trying
to get a copy of it. You can have mine, if you'd like. Well, I'm not sure if that's
appropriate. I don't know. But it's an individual that was hired for Civil Defense
GIS (Geographical Information System) specialist, and the date of hire is the date
Page 2
FC -39 July 24, 2018
of the eruption, so I'm assuming that it was eruption related. Is this going to be
something that we're going to be compensated for?
MS CRAWFORD: Nancy Crawford, Deputy Director of Finance. Yes, that is an
allowable cost. This is because they don't currently have a GIS specialist in there.
They were able to bring someone in on contract, who's been serving us very early
on in the event and will be eligible for not full reimbursement but should be
eligible for the 75 percent that FEMA (Federal Emergency Management Agency)
reimburses, and has been absolutely essential in the ongoing reporting. Not only
related to coverage and parcels lost and so forth, but also the coverage and
planning for everyone to report and coordinate and see where we're at at any
given point and time.
MS. O'HARA: That's what I was hoping to hear. I actually believe that Civil
Defense should have a position like this on a regular basis. I'm really glad we
could find somebody to come in to serve that need.
MS CRAWFORD: Right, they have a vacant position right now. She's filling in
on a contractual basis.
MS. O'HARA: Alright, thank you. Thank you for answering.
ACTING CHR. EOFF: Okay, thank you, Ms. O'Hara. Anybody else? Seeing
none, all in favor please say "aye."
Vote on Comm. 377.4: The motion to close file on Comm. 377.4 was carried by
Filed the following voice vote:
Ayes: Committee Members Chung, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
and Acting Chair Eoff — 7.
Noes: None.
Absent: Committee Members David and Ruggles — 2.
Excused: None.
ACTING CHR. EOFF: Communication 976.
Comm. 976: FOLLOW-UP AUDIT REPORT: COUNTY OF HAWAII PURCHASING
From Legislative Auditor Bonnie S. Nims, dated June 26, 2018, transmitting
the above report pursuant to Hawaii County Charter Section 3-18(4)(3).
Motion to Close File: Ms. Poindexter moved to close file on Comm. 976.
Seconded by Mr. Kanuha.
Page 3
FC -39
July 24, 2018
ACTING CHR. EOFF: Is Ms. Nims in the Hilo Chambers?
MS. O'HARA: Yes, she is.
ACTING CHR. EOFF: Okay, thank you. Then, Council Members, do you have
any questions or does Ms. Nims want to make a brief presentation?
(Note: At this time, Legislative Auditor Bonnie S. Nims came forward to
address the members of the Committee.)
MS. O'HARA: Perhaps you could just give us a real short summary. It's not a
very long report.
ACTING CHR. EOFF: Ms. Nims?
MS. NIMS: Hi. Bonnie Nims, Legislative Auditor. We just recently reissued a
follow-up report on our County of Hawai`i's Purchasing Card Program audit that
was originally issued in July of 2015.
We did do some limited research and found that the County had implemented all
six of our audit recommendations. In addition, just to verify that
recommendations had been implemented, we did look at all pCard transactions
from August 2015 through December 2017. We did pull 67 transactions for
review, totaling about $24,000, and we found that they were following the County
policy.
So we will consider ongoing monitoring as stated in our audit plan throughout the
next fiscal year, basically just spot-checking vendors, seeing if there's anything
that would have any questionable County purposes. That's about all I have.
ACTING CHR. EOFF: Okay, thank you, Ms. Nims. Council Members, do you
have any questions? Ms. Lee Loy.
MS. LEE LOY: Thank you. Thank you, Ms. Nims. I just had a question. At the
conclusion of your audit, you mentioned considering "ongoing monitoring of
purchase card transactions as part of our fiscal year 2018-2019 audit plan." When
is that audit plan coming out? Is that in October?
MS. NIMS: Actually, I think that's a typo issue. It should be fiscal year
2017-2018. That will probably also consider the 2018-2019 plan also.
MS. LEE LOY: And then, one follow-up question. You mentioned 67 receipts
over a time period. What percent would that encompass of all purchase cards?
Page 4
FC -39 July 24, 2018
MS. NIMS: I'm sorry, I don't have that number off the top of my head. I can get
it for you, if you'd like. Typically, there's quite a few in a given month. I'd say
it's a fairly low percentage that we felt the need to follow-up with.
MS. LEE LOY: Okay, thank you. I yield.
ACTING CHR. EOFF: Thank you. Any other comments or questions? Seeing
none, then all in favor please say "aye."
Vote on Comm. 976: The motion to close file on Comm. 976 was carried by the
Filed following voice vote:
Ayes: Committee Members Chung, Kanuha, Lee Loy,
O'Hara, Poindexter, Richards, Ruggles, and
Acting Chair Eoff — 8.
Noes: None.
Absent: Committee Member David —1.
Excused: None.
ACTING CHR. EOFF: Moving on to Communication 977.
Comm. 977: FOLLOW-UP AUDIT REPORT: VARIABLE FREQUENCY DRIVES FOR
PARKS AND RECREATION SWIMMING POOLS
From Legislative Auditor Bonnie S. Nims, dated June 29, 2018, transmitting
the above report pursuant to Hawaii County Charter Section 3-18(4)(3).
Motion to Close File: Ms. Poindexter moved to close file on Comm. 977.
Seconded by Mr. Kanuha.
(Note: At this time, Legislative Auditor Bonnie S. Nims came forward to
address the members of the Committee.)
ACTING CHR. EOFF: Any questions or comments? Bonnie, would you like to
give us a brief overview of this one?
MS. NIMS: Sure, I'd be happy to. Bonnie Nims, Legislative Auditor. Again,
this is a follow-up report from an audit that we did in June 2015oh, I'm sorry,
December 2015. Basically, we had two recommendations for the Department of
Parks and Recreation to implement variable frequency drives at some of their
pools. The specific recommendations, including developing program measures
and I'm sorry, plan and budget for installing addition VFDs (Variable
Frequency Drives). Based on our audit, we found that there was a significant cost
saving as these VFDs are implemented at pools. We found that both of our
recommendations have been partially implemented.
Page 5
FC -39
July 24, 2018
In September 2017, Parks and Recreation applied for and received a rebate of
$11,000. If they keep installing these VFDs, not only will we get the energy cost
savings back but we also get the rebates, so they typically pay for themselves in
just a few years.
When we looked at the cost savings or the energy cost for the Kona Community
and Aquatic Center and the Laupahoehoe pool, we found both a 21 percent
savings at the Kona Community Aquatic Center as well as a 15 percent saving at
Laupahoehoe, so pretty significant cost savings by implementing these VFDs.
We want them to continue trying to develop some program measures and try to
put that into a formalized plan to realize that cost savings.
ACTING CHR. EOFF: Thank you. Questions, Council Members? Ms. Lee Loy.
MS. O'HARA: Chair, I just wanted to let you know that the Deputy Director and
Director of Parks and Recreation just arrived, if there's any questions for them.
ACTING CHR. EOFF: Ms. Lee Loy, did you want to ask your question? Go
ahead.
MS. LEE LOY: Thank you, Chair. And again, Bonnie, you know I always enjoy
reading your reports. Your conclusion section on this one is "Despite the
department's efforts, auditors determined that the cost savings associated with the
audit team's initial findings has not been fully realized." If they were to stay on
track, would you have a best guess on when we could fully realize the potential of
these cost savings through the cost of energy reductions?
MS. NIMS: Sure. In our initial audit, we did take a look at the six swimming
pools and did a projected cost savings based on actual cost savings from
previously installed VFDs. We did find in five years that if—Parks and
Recreation could save the County approximately $600,000.
MS. LEE LOY: Thank you. I'm going to yield. Maybe at some point
Ms. Waltjen or Mr. Messina might be able to provide their thoughts on continuing
this cost saving program. I yield.
ACTING CHR. EOFF: Thank you. Mr. Richards.
MR. RICHARDS: Thank you, Chair. So, Bonnie, just looking really quick, it's a
2006 recommendation for three swimming pools. And then the report actually
says two, so one of them has not been done. Is that what I'm reading here?
MS. NIMS: Sorry, my auditor is not in attendance and he has the details.
MR. RICHARDS: Okay, no worries. We have Director Waltjen and
Deputy Messina here.
Page 6
FC -39
July 24, 2018
(Note: At this time, Parks and Recreation Director Roxcie Waltjen and
Deputy Director Maurice Messina came forward to address the members
of the Committee.)
MR. MESSINA: Maurice Messina, Deputy Director of Parks and Recreation.
MR. RICHARDS: Yeah, thanks, Moe, for being here. I realize this is 2000
looks like 2006, when it first started. It predates all of us. But then reading the
report, it looks like two of them have been done, two out of three have been done,
and so the third one is still on deck. Is that correct?
MR. MESSINA: That's correct. What we're trying to figure out right now isso
we've got a couple of issues at some of our pools and we're trying to go out for
bids to fix these pump rooms in these pools. What we would like to do is install
the third one at one of these pools when we fix it. Basically all at the same time.
That's our goal in this one.
MR. RICHARDS: Okay. And then obviously from the report, it looks like we're
getting about 20 percent savings on our power, so obviously the sooner we start
implementing it, the better long-term. I appreciate the fact there's a capital
investment upfront that we have to fund that going forward, so it's balancing that.
Okay, that makes sense to me. I yield.
ACTING CHR. EOFF: Okay, thank you, Mr. Richards. Ms. Lee Loy has a
follow-up question.
MS. LEE LOY: Thank you, Chair. Mr. Messina, Ms. Waltjen, thank you. You
know, I wanted to give you folks an opportunity. But I'm beginning to hear is
that there are other problems with the facilities that require attention to, regarding
the age of the infrastructure and some of the infrastructure, like the pumps. So
it's kind of the hip bone is connected to the leg bone. It's hard to realize the cost
savings, if some of the other pool equipment isn't working properly. Is that a safe
assumption?
MR. MESSINA: Yes, it is, and that's exactly the way we're looking at it too. As
we're working with the different companies that are looking to put bids in on our
pools and the pump equipment itself, that's what we have to do. You know, do
we install brand new into an old pump room that could, like really degrade what it
should be doing, where we don't realize the 20 percent cost differential; or when
we go into this new pump room to make the new repairs and make everything up
to par, then we go in and put this to where—it is going to cost the money to
upgrade these facilities the way they need to be. For instance, the Kohala
swimming pool, the pump room in there is really bad. But if you would go and
look at the Pahoa swimming pool, at the pump room in there, and you look at the
way it looks now after the all the upgrades and just how beautiful it is, that's the
Page 7
FC -39
July 24, 2018
kind of pump room that you need to put these VFDs in to realize our cost savings,
yes. I hope I answered your question.
MS. LEE LOY: Thank you, yes. Maybe this might be an opportunity for the
department to provide me a thumbnail sketch on a strategic plan on these different
repairs and how we begin to realize a return on investment. So with the capital
improvement of repairing the pumps, you know, what's the return on investment?
Is it an energy saving cost, you know, better quality? Maybe that's an opportunity
for the department to put something together as we move forward, especially into
our next budget cycle, which we know will be extremely challenging. So, I yield.
Thank you.
MR. MESSINA: And to answer your question, that is exactly what we're doing.
But not just at our pools, to every one of our facilities, including the zoo, the golf
course, Mauna Kea recreational area, every single facility that we have. That's
exactly what we're doing.
Once the budget got passed, we're doing a complete countywide assessment of
every facility we have. What are the shortcomings? What can we live with?
What can work for another couple of years, while we look to put our funds onto
the facilities that are really degraded and maybe even have a little bit of a bigger
impact on the community that surrounds those facilities?
MS. LEE LOY: Thank you for that, Mr. Messina. I really do appreciate that.
You know, we all have to be working harder and smarter and really making sure
we are using our tax dollars in the most effective and efficient way possible.
Chair, I yield at this time.
ACTING CHR. EOFF: Thank you, Ms. Lee Loy, and thank you, Mr. Messina.
Ms. Nims, is there anything more to add?
MS. O'HARA: Chair, I have a few questions.
ACTING CHR. EOFF: Sure, Ms. O'Hara.
MS. O'HARA: Thank you, Chair. You mentioned, Bonnie, that you had looked
at six pools.
MS. NIMS: In the original audit, yes.
MS. O'HARA: And what were those six pools?
MS. NIMS: Honoka`a, Kohala, Kona Aquatic Center, Konawaena, Laupahoehoe,
and NAS (Naval Air Station).
MS. O'HARA: Okay, so you didn't look at the Pahoa pool?
Page 8
FC -39
July 24, 2018
MS. NIMS: Not at the time, no.
MS. O'HARA: Okay. And how many pools do we have in total, Parks and
Recreation?
MR. MESSINA: Approximately ten. I would have to get you those exact
numbers.
MS. NIMS: I hope we don't have one that we
MR. MESSINA: Yeah, we also have—right.
MS. O'HARA: So we have agreements for use of other pools? I got you, okay.
How long do these VFDs warranted for? How long are they expected to last?
MS. NIMS: I'd have to get you that information, I'm sorry.
MS. O'HARA: Okay. Because pumps are generally, what, seven years average,
or are we talking longer than that?
MR. MESSINA: Well, it all depends on what our
MS. O'HARA: Not that they always last that long, but yeah.
MR. MESSINA: So when wePahoa pool, for instance.
MS. O'HARA: Okay.
MR. MESSINA: We have a very stringent preventative maintenance schedule
that we're doing on all of our facilities. So we don't just put the pump rooms in
there and just let them run. We have a very stringent preventative maintenance
schedule. So when you see that, for instance, a diaphragm starting to wear,
through our preventative maintenance inspections, we can notice that. We can
make them last a lot, lot longer. For instance, my vehicle has 275,000 miles on it
because I do a lot of preventative maintenance on it; so just like that, that's the
way we're trying to run everything. Everything that we do now, the way we're
inspecting all of our equipment—even our roofs now, because we want to make
everything last longer and just try to fix it as we go. That way, we don't have one
big problem at the end.
MS. O'HARA: Thank you for that, I appreciate. Preventative maintenance is the
way to go, and sometimes we're not able to do that and we pay the price. But
yeah, I was just kind of curious how those warranties—how they travel alongside
each other and whatnot, your need to upgrade some of the other pool pumpage so
that it's relevant and worth putting the VFD.
Page 9
FC -39
July 24, 2018
MR. MESSINA: For instance, when our electricians go into a pump room, even
though they're just looking at one piece of equipment, they inspect every single
thing around so they can let us know. Because one of the things that our director
tells these guys, "Don't let us know of a problem after something explodes or
blows up, or it's bad or starts leaking." We want to know about problem way
beforehand so that we can fix it. You know, instead of spending $500,000 to fix
an entire pump, well, maybe we can spend $2,000 to fix one piece of equipment,
That if it goes out, it has a cascading effect on other equipment.
MS. O'HARA: Thank you. I'm a little aware of having run a large size
community pool for five years. Things happen. Anyway, great. Appreciate it.
Thank you.
MR. RICHARDS: Chair?
ACTING CHR. EOFF: Mr. Richards.
MR. RICHARDS: Thank you. Deputy, what I think I heard you say, you're
coming up with a list of all the maintenance that you believe that we really need
to get done, and you'll be putting that together and then bringing it to Council
relatively soon. Is that what I'm hearing? I was going to ask how much is it
going to cost to do the pool pump room repairs? But if that's part of the whole
process going forward—and I fully appreciate you don't want to put a piece of
brand new equipment into something that's going to fail and then lose that piece
of equipment, that doesn't make a lot of sense. Is that what I'm hearing, you're
trying to put together the wish list for fixing?
MR. MESSINA: So, not just that. We're actually going out and inspecting every
one of our facilities. In every one of facilities, we want to know, okay, create a
punch list for every one of our facilities. For instance, your pool, we're going up
to do the bids to fix the Kohala pool right now.
MR. RICHARDS: Okay.
MR. MESSINA: But yeah, we want a punch list for every single one of our
facilities because there are some that are out there that have been there for years
and years and years, and there's something that's been wrong that we don't even
know about. But if we know about it, we can fix it.
MR. RICHARDS: Okay, alright. Yeah, so I won't push you on that one. But
we'll be getting that list in a recently near future or at least the first crack at the
list? The reason I'm asking is, as was stated, when we start looking towards the
budget, the sooner we start knowing what scale of needs, that will help us start
planning for the future. We're going to start talking about next year's budget very
soon.
Page 10
FC -39 July 24, 2018
MR. MESSINA: That's exactly, actually almost word-for-word for what
Roxcie—the reason she said wanted this.
MR. RICHARDS: That's why we get along, Roxcie. Alright, I yield.
ACTING CHR. EOFF: Okay, thank you, Mr. Richards. Any other follow-up
comments or questions? Seeing none, then all in favor of filing
Communication 977 please say "aye."
Vote on Comm. 977: The motion to close file on Comm. 977 was carried by the
Filed following voice vote:
Ayes:
Committee Members Kanuha, Lee Loy,
O'Hara, Poindexter, Richards, Ruggles, and
Acting Chair Eoff – 7.
Noes:
None.
Absent:
Committee Members David and Chung – 2.
Excused:
None.
ACTING CHR. EOFF: Can you please read Communication 978?
Comm. 978: ANNUAL AUDIT PLAN FROM THE OFFICE OF THE LEGISLATIVE
AUDITOR
From Legislative Auditor Bonnie S. Nims, dated June 26, 2018, transmitting
the Fiscal Year 2018-19 Audit Plan, pursuant to Hawaii County Charter
Section 3-18(4)(2).
Motion to Close File: Ms. Poindexter moved to close file on Comm. 978.
Seconded by Mr. Kanuha.
(Note: At this time, Legislative Auditor Bonnie S. Nims came forward to
address the members of the Committee.)
MS. NIMS: Hi. Bonnie Nims, Legislative Auditor. In our 2018-2019 plan,
based on some risk assessment, which includes general themes that we've
identified through national organizations, constituent complaints, concerns that
we hear during Council meetings, any number of risk -identifiers, based off of that
information we develop our audit plan of the audits that we are planning to initiate
during the next fiscal year. This is just a plan. It's not set in stone. They do tend
to fluctuate based on increased concerns, emergencies that we may need to look
at, et cetera. We manage the contract for the Financial and Single Audit of the
County, so that is every year on our audit plan.
Page 11
FC -39
July 24, 2018
This year we have five self -initiated performance audits planned, including
building permits, facilities maintenance, real property tax, road maintenance, and
overtime.
We also have three follow-ups planned: Information Technology, Asset
Management, from 2015; cash handling at Parks and Recreation, from 2016;
inventory management at Public Works - Highways Division, from 2017. We're
also continuing our audit from Council's Resolution 287-17, on Department of
Water Supply contingency plans.
This year we're also hoping to do some ongoing monitoring of surprise cash
accounts. Kind of checking on a surprise basis any department that's receiving
cash over the counter. Making sure that cash is accounted for and that internal
controls are working.
We will also consider spot checking purchasing card expenditures and travel
expenditures. So that is our grand plan for this next year. I'm happy to answer
any questions.
ACTING CHR. EOFF: Okay, thank you. Questions, Council Members?
Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. Ms. Nims, on the self -initiated performance
audit, you know, the five listed there, are they prioritized based on that matrix?
MS. NIMS: Not typically. We try to work with the departments and their
schedules. You know, if we know that they're having staff change or a system
change, like an IT (Information Technology) system change, we may put it off for
a few months. We may go back and forth between a couple. We realize that we
work on top of an already overworked schedule typically, so we try not to over
burden our departments but still try to get our work done. So it's not prioritized,
necessarily, but we try to get what we can.
MS. LEE LOY: So that message, just alphabetical.
MS. NIMS: Hyperbetical?
MS. LEE LOY: Well, alphabetical.
MS. NIMS: Oh, alphabetical. Coincidentally, yes, it is.
MS. LEE LOY: Okay. Well, if I could suggest? At building permit process, I
think would go a long way for the entire County. You know, that's an
opportunity for us to expedite construction, bring more real property tax revenue
into the County, and if there was anything I would like to prioritize, it would be
that one for sure. Just my suggestion. I yield.
Page 12
FC -39
Vote on Comm. 978
Filed
ORDER OF
RESOLUTIONS:
July 24, 2018
MS. NIMS: Thank you.
ACTING CHR. EOFF: Okay, thank you. Any other comments or questions of
Ms. Nims? Anyone in Hilo? No. Okay. Well then, thank you very much for
presenting this ambitious plan. We look forward to the reports.
MS. NIMS: Thank you.
ACTING CHR. EOFF: All in favor of filing Communication 978 please say
Ic aye.
The motion to close file on Comm. 978 was carried by the
following voice vote:
Ayes: Committee Members Chung, Kanuha, Lee Loy,
O'Hara, Poindexter, Richards, Ruggles, and
Acting Chair Eoff — 8.
Noes: None.
Absent: Committee Member David —1.
Excused: None.
ACTING CHR. EOFF: Okay, moving to Resolutions.
The Chair directed the Committee to proceed to the next order of business,
Order of Resolutions.
ACTING CHR. EOFF: Resolution 616.
Res. 616-18: AUTHORIZES A DECREASE IN THE COUNTY OF HAWAII FUEL TAX
FOR FISCAL YEARS 2018-2019 AND 2019-2020
Decreases the fuel tax by 5 cents per gallon for Fiscal Year 2018-2019,
bringing it to 14 cents per gallon, and by 9 cents per gallon for Fiscal Year
2019-2020, bringing it to 14 cents per gallon. Fuel taxes may be used to
support the safe and efficient operation of County roads, mass transit, and
highway infrastructure.
Reference: Comm. 940
Intr. by: Mr. Richards
Postponed: May 21 and June 5, 2018
(Note: There is a motion by Mr. Richards, seconded by Ms. Lee Loy, to
recommend adoption of Res. 616-18.)
ACTING CHR. EOFF: Okay, thank you. Mr. Richards, there's a motion on the
floor already.
Page 13
FC -39 July 24, 2018
MR. RICHARDS: Thank you, Chair. Chair, this was all part of kind of a
tax restructuring that we were looking at before our island blew up. I had
postponed it; I asked to defer it until a later date. I'd like to do it one more time to
probably the first week of October. Our County is still not settled, and I don't
think it's prudent to do anything about our income streams at this point, until we
have a better understanding. We're starting to get a better feeling of where we're
going, but I'm not comfortable of doing anything at this point. So I'd like to
postpone it until the first Council meeting, excuse me, Committee meeting of
October. Clerk, if you could give us a date on that one?
MR. HENRICKS: As of now, it's schedule for Tuesday, October 2.
ACTING CHR. EOFF: Okay, so is that the motion, postpone until October 2na.
MR. RICHARDS: Yes.
Vote on Motion Mr. Richards moved to postpone Res. 616-18 to
to Postpone: October 2, 2018. Seconded by Ms. Poindexter and
(Approved) carried by the following voice vote:
Ayes: Committee Members Chung, Kanuha, Lee Loy,
O'Hara, Poindexter, Richards, Ruggles, and
Acting Chair Eoff — 8.
Noes: None.
Absent: Committee Member David —1.
Excused: None.
ACTING CHR. EOFF: Mr. Clerk, Resolution 636-18.
Res. 636-18: AUTHORIZES A GRANT OF EASEMENT 5-41 ON, THROUGH, AND/OR
OVER A PORTION OF KAOMOLOA ROAD, LOT R-1 OF FILE PLAN 1683,
TAX MAP KEY NO.: 6-7-003, FOR SEWER PURPOSES TO WAIMEA
WASTEWATER COMPANY, INC., SITUATED AT LALAMILO AND
WAIKOLOA, WAIMEA, DISTRICT OF SOUTH KOHALA, ISLAND,
COUNTY AND STATE OF HAWAII
The roadway contains an area of approximately 860 square feet, and would be
used for a sewer easement to serve the Lualai Subdivision, with an anticipated
sales price of less than $1,000.
Reference: Comm. 980
Intr. by: Ms. David (B/R)
Motion to Approve: Mr. Richards moved to recommend adoption of
Res. 636-18. Seconded by Mr. Kanuha.
Page 14
FC -39
July 24, 2018
(Note: At this time, Nahua Guilloz of Parker Ranch came forward to
address the members of the Committee.)
ACTING CHR. EOFF: I have a note that Nahua Guilloz from Parker Ranch is in
Hilo, is that correct?
MR. RICHARDS: She's in the Waimea office.
ACTING CHR. EOFF: She's in the Waimea office.
MR. RICHARDS: Ask Nahua to come up?
ACTING CHR. EOFF: Yes, if she's available. Mr. Richards, shall we see what
she has to offer first or would you like to ask some questions?
MR. RICHARDS: No, I think, let's just go ahead and start with Nahua. I can see
her at the Waimea office. Go ahead, Nahua. Introduce yourself, and could you
give us a quick overview, please?
ACTING CHR. EOFF: Oh, there she is.
MS. GUIL,LOZ: Hi. My name is Nahua Guilloz. I am a Vice President,
Business Administration, at Parker Ranch, and I also am the Corporate Secretary
for Waimea Wastewater Company.
So this was basically a grant of easement that was overlooked. In the process of
cleaning up our easements, jut making sure everything was correct, we noticed
that this one was missing. Part of the road has already been dedicated to the
County.
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Committee.)
ACTING CHR. EOFF: Council Members, Mr. Kamelamela is here and he's
prepared. I'm not sure if you had something you wanted to tell us or are you just
here ready for questions?
MR. KAMELMELA: Good afternoon, Chair and members of the County
Council. So what she had said is correct.
ACTING CHR. EOFF: Okay. Okay, are there any further questions regarding
Resolution 636? Hearing none, all in favor please say "aye."
Page 15
FC -39 July 24, 2018
Vote on Res. 636-18: The motion to recommend adoption of Res. 636-18 was
(Approved): carried by the following voice vote:
Ayes: Committee Members Chung, Kanuha, Lee Loy,
O'Hara, Poindexter, Richards, Ruggles, and
Acting Chair Eoff — 8.
Noes: None.
Absent: Committee Member David —1.
Excused: None.
BILLS FOR The Chair directed the Committee to proceed to the next order of business,
ORDINANCES: Bills for Ordinances.
ACTING CHR. EOFF: Mr. Clerk, Bill 163.
Bill 163: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the State Grants — Hawai`i Tourism Authority account
($145,000); and appropriates the same to the Hawaii Tourism Authority
account. Funds would be used by the Department of Research and Development
to develop and implement its Ho`okaulike Signage project.
Reference: Comm. 983
Intr. by: Ms. David (B/R)
Vote on Bill 163: Ms. Poindexter moved to recommend passage of Bill 163 on
(Approved): first reading. Seconded by Mr. Kanuha and carried by the
following voice vote:
Ayes: Committee Members Chung, Kanuha, Lee Loy,
O'Hara, Poindexter, Richards, Ruggles, and
Acting Chair Eoff — 8.
Noes: None.
Absent: Committee Member David —1.
Excused: None.
ACTING CHR. EOFF: Bill 165.
Page 16
FC -39
July 24, 2018
Bill 165: AMENDS CHAPTER 19, ARTICLE 10, OF THE HAWAII COUNTY CODE
1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY
TAX EXEMPTIONS FOR DISABLED OR UNEMPLOYABLE VETERANS
Removes the phrase "totally disabled" from Section 19-73, and replaces with
"100 percent disabled or 100 percent unemployable, or both." Further amends
Section 19-73 to exempt disabled or unemployable veterans from all real property
tax, where "totally disabled" veterans are currently subject to the minimum tax
provided for in Section 19-90(e).
Reference: Comm. 989
Intr. by: Mr. Kanuha
Comm. 989.1: From Council Member Dru Mamo Kanuha, dated July 20, 2018, transmitting
proposed amendments to Bill 165.
Motion to Approve: Mr. Kanuha moved to recommend passage of Bill 165 on
first reading. Seconded by Ms. Lee Loy.
ACTING CHR. EOFF: Mr. Kanuha.
MR. KANUHA: Thank you, Madam Chair. This bill came about byI had
constituents coming into my office, trying to explain to me that when we increased
the minimum tax, was it last year or the year before, from $100 to $200, that
minimum tax for those that were 100 percent disabled also increased. I mean,
across the board everybody had to pay that minimum tax, and they said it doubled
the amount that they were going to have to pay. They came to me saying it really
put a burden on some of the members in the community having to pay this double
amount, and I agreed with that. So I went to Finance and Real Property Tax, just
to find out who's in this category, you know, all the different details involved.
Really, at the same time that this was happening, the Real Property Tax Task Force
came out with recommendations, and one of the recommendations was that the
veteran disability annual real property tax be zero. I was like "wow," you know,
this is all kind of coming out at the same time. So let's try to move this forward.
The Real Property Tax Working Group gave the recommendation to do this. Not
really this year but the next fiscal year, 2019, which I'm going to have an
amendment to change the date that this goes into effect. But basically to receive
this benefit, the current program requires that the veteran be 100 percent disabled
or 100 percent unemployable due to a service related injury, and that the property
needs to be the veteran's primary residence.
This program currently has—we have Lisa Miura and Nancy Crawford in Hilo, but
I'm pretty sure these numbers are all correct. Maybe they can correct me if I'm
wrong. But currently has 600 parcels, and at the current $200 minimum tax the
County receives about $121,000 in revenue annually. The Tax Board or Working
Group discussed this pretty extensively, but the consensus with the group was that
Page 17
FC -39
July 24, 2018
these were 100 percent disabled veterans due to a service related injury and that
they've already paid the ultimate sacrifice. So that was why they recommended
this to us, which is why I believe that it should be introduced, and it was really a
good thing for our County to do.
So we cleaned up some of this language. Instead of you seeing "totally disabled,"
the VA (Veterans Administration) now goes with 100 percent disabled or
100 percent unemployable. So we just added that language into coincide with the
VA and how they process these applications. It's not an easy thing to be 100or
to get that status. But the VA does a lot of outreach with the veterans. We really
go off of what the VA—how they do the applications. Lisa can tell us more about
how they go through with it.
I thought this was a good thing to do for our veterans and it just made a lot of sense
to me. Really, that's how this process works, having our community members
come in to us, advocating for a certain position that we put forth these bills.
But if there's any questions, I'd be happy to answer it. I do have an amendment
coming forth, and I can do that after discussion. But I ask for your support.
Questions, you have Finance Department in there for questions as well. I'll yield
at this time, and I just ask for your support.
ACTING CHR. EOFF: Council Members, do you have any questions or would
you like to hear from Lisa Miura? Lisa, are you available?
(Note: At this time, Real Property Tax Administrator Lisa Miura and
Assistant Administrator Keita Jo came forward to address the members of
the Committee.)
ACTING CHR. EOFF: Thank you.
MS. MIURA: Good afternoon. Lisa Miura, Real Property Tax Administrator.
And I also have Keita Jo here, who is the TA (Temporary Assignment) to the
Assistant Administrator position, if you have any questions.
ACTING CHR. EOFF: Do you want to add any statistics or information for us?
MR. JO: Keita Jo, Acting Assistant Administrator for Real Property Tax. I just
wanted to provide some updated numbers. The numbers provided earlier were
based off of 2017 certification, so we have since certified 2018. Our current count
for individuals who are receiving the veteran's disability is 656, and the taxes that
are represented of that would $131,200.
ACTING CHR. EOFF: Okay, thank you. Council Members, do you have
questions?
Page 18
FC -39
July 24, 2018
MS. O'HARA: Chair, I do.
ACTING CHR. EOFF: Ms. O'Hara.
MS. O'HARA: Yes, of the 656, do they currently have to demonstrate that they're
disabled as a result of a service injury?
MR. JO: Yes. The certification goes through the Veterans Administration. So the
Veterans Administration actually has to sign off on the disability application.
MS. O'HARA: So this would not change anything that they currently have to do.
They already are doing that in order to get a reduction in property tax.
MR. JO: Correct.
MS. O'HARA: Previously, my understanding was that they were charged $50. Is
that correct? And then it was raised to $100, do I have that correct? Or was it $75
raised? No?
MR. JO: From my understanding, they had always paid the minimum tax. So the
minimum tax was $100 and been since increased to the $200 class.
MS. O'HARA: Oh, okay. I thought there were couple other categories with
minimum tax. No?
MS. MIURA: Well, if their—because they all have—in some case, the dwelling
was worth a lower amount and they had the primary homeowners, it did mean that
they could have paid a little bit less, so it just depends. But that was also tied to
the homeowner.
MS. O'HARA: Okay. And so the reduction to total revenues would be $131,200
if this were enacted in this year; but this would be not enacted in this year, the
following year.
MS. MIURA: It would be in the following year with the draft.
MS. O'HARA: Okay, I think that answers my questions. Thank you.
ACTING CHR. EOFF: Okay, thank you. Any other questions?
MR. RICHARDS: Chair?
ACTING CHR. EOFF: Oh, I'm sorry. We'll go to Mr. Richards.
MR. RICHARDS: Okay, just really quick. Lisa, thanks for the statistics. I will be
supporting this. Councilman Kanuha, I appreciate you bringing this forward to us.
Page 19
FC -39
July 24, 2018
This is in the right direction. This is what we had talked about. And as we were
trying to go through all of our dealing with real property tax, I think this is one of
the things that we had an oversight, so this is correcting that. Thank you very
much. I'll be supporting.
ACTING CHR. EOFF: Okay, thank you. Mr. Chung.
MR. CHUNG: Yeah, it's of course very difficult going against something that is
really an appreciation for our veterans who gave the ultimate sacrifice. However,
I'm troubled by the elimination of the minimum tax, and I'm going to voting
against this for that reason.
You know, what happensI don't know how much—what was that figure, about
one hundred somewhat thousand dollars? It may seem like a small amount in the
grand scheme of things, but it is after all $100,000 less in in our coffers. What
happens there is, that means someone else has to pick up the tab, and that's been
the criticism of the minimum tax throughout the years, I mean, in whatever form
it's taking. But we support it, you know, particularly for the elderly, those who
have lived here many, many years. They've contributed to the communities. We
want to at least pay back.
Same thing with the veterans, we want to recognize what they've given to all of us,
but I still think they've got to pay the minimum tax. When they're 100 percent
unemployable, 100 percent disabled, it conjures images of people who—because
you're unemployable, you can't earn a living. But they're receiving benefits from
the United States government. It's not like they cannot pay. I don't want to seem
like a cold-hearted bastard or anything like that, but I just think that we have a
minimum tax and that is the minimum tax. It's designed to help people. Now
we're going to take it away, that means something else has to—we have to raise
taxes again somewhere else to balance our budget.
I'd like to give. I always want toyou know, it's easy to give away things, but at
some point, it becomes a dangerous, slippery slope. So I have to be voting against
this, sorry. Thank you.
ACTING CHR. EOFF: Comments, Council Members? Ms. O'Hara.
MS. O'HARA: Chair, I have a couple. I do have concerns about eliminating the
tax all together down to zero because it is the case that when we don't pay for
something, we tend not to value it as much. Now, if I understand correctly, this
class was previously paying $100 as minimum tax. Is that correct?
MS. MIURA: Correct.
MS. O'HARA: Okay, and at that rate did we have requests for appeals on that or
were you hearing from this population?
Page 20
FC -39
July 24, 2018
MS. MIURA: In every group, we always have some that feel they shouldn't pay
any tax. So I would say that through the years this part of our Code is no different.
We have had individuals feel that they shouldn't have to pay tax.
MS. O'HARA: Okay. But generaly that was an acceptable amount for the
majority? At least they were paying it. I mean, you didn't have a lot of
nonpayment on this class.
MS. MIURA: Correct.
MS. O'HARA: Okay. Would it be worth considering, and I'm just throwing this
out to Mr. Kanuha who has this bill going, to consider creating a minimum tax for
disabled veterans. Is that something that we could potentially consider? I don't
know; I guess I should also ask the Real Property Tax Director.
MS. MIURA: You're asking if they can pay a different amount, the $200 to $100?
You could propose that.
MS. O'HARA: Yeah, that might be a consideration. I don't know what
Mr. Kanuha thinks about that, but it kind of plays it in the middle a bit. I yield.
ACTING CHR. EOFF: Okay, thank you for that comment. Any other comments?
Ms. Ruggles.
MS. RUGGLES: Thank you. First, I want to appreciate Mr. Kanuha for bringing
this forward. I honestly didn't know that this was an option for us to do.
When we first had heard increasing the minimum tax, I was adamantly against it
because of its effect on disabled veterans, and I believe I brought that up. A lot of
my district, namely the upper areas, Fern Forest and Eden Rock, the most isolated,
the most impoverished areas, with no access, public transportation or services,
would be subject to this doubling in their taxes while they live on fixed income.
These are people who—they're one hundredI mean, they're disabled. They
cannot work anymore, a lot of the them, because of the sacrifices that they made.
When they believed that they were standing up for our freedom and put their life
on the line physically, mentally, emotionally, and spiritually. Certainly, they are
getting benefits but they paid a cost to get those benefits. So unless we're actually
going to increase their benefits, then any increase to their cost of living, like their
property tax, they have no opportunity to accommodate for.
I whole-heartedly support this. I think it was—out of all the tax increases that we
looked at, to put the highest increase, we doubled their tax. We gave small
percentage increases in all the other types of taxes that we have, but we haven't
doubled a tax like this. So we doubled it on the most disadvantaged, struggling
Page 21
FC -39
July 24, 2018
population of our constituents. So to reverse that, I think, is appropriate. I hope
that it passes. Thank you.
ACTING CHR. EOFF: Thank you, Ms. Ruggles. Any other comments or
questions? Mr. Kanuha.
MR. KANUHA: Thank you for all the discussion, and I appreciate everybody's
discussion on this. Just the point to Ms. O'Hara, this thing is still in play. We can
amend this bill however we choose to. If somebody wants to put forth an
amendment to the $100 minimum, you know, it's going to be discussed. I just did
this because I thought it was the right thing to do and it also coincided with the
recommendation from the Tax Review Working Group. I thought this was the
good thing to do. It's open for amendments now and into the future. I'm still
going to ask for your support at this time. I yield.
ACTING CHR. EOFF: Any other questions or comments? I just wanted to ask
Mr. Kanuha a question. So the recommendation from the Task Force was to drop
it from even the $100 minimum down to zero? That was one of the? Thank
you. Okay, any other questions? Then we'll go ahead and
MS. LEE LOY: Chair?
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: Thank you. Maybe this is a question for Ms. Miura. You know,
I'm listening carefully to all of the discussion. My general concern is, are we
creating like a special category that's not for anybody else? My concern is this
may create somewhat of a slippery slope. So my question is, Ms. Miura, is this
unique?
MS. MIURA: It would be for us as the County in the State of Hawaii. There are
other counties that do have other programs that pay zero tax, but we would be the
only ones doing a full or zero tax for disabled veterans.
MS. LEE LOY: So what I'm hearing you say, it's not your Maui County, or City
and County of Honolulu, they do zero tax?
MS. MIURA: Not that we're aware of, unless they recently changed.
MS. LEE LOY: During the Working Force Group conversation, do you have any
rationale as to why they felt this was—you know, I'm with Mr. Kanuha. We're
trying to hep, but in the same breath everything costs something. Do you have any
rationale, Ms. Miura, as to why this particular group—
MS. MIURA: They spent a lot of time talking about this one part of the program.
They did go back and forth between just lowering it to $100 minimum tax or zero.
Page 22
FC -39
July 24, 2018
Like Mr. Kanuha said, and I think they put it in their report to Council, is that they
felt that 100 percent disabled, service related injury, that they already paid their
ultimate price. That was ultimately what they decided at the end; that they had
already paid for it. They did recognize. They did discuss the income they get .
We did discuss it with Colonel Han, with the U.S. Veterans Administrations, about
what it does take to get qualified. It's not an easy process. I know a lot of people
are very leery of how government approves things. But I think for anybody who's
really dealt with VA, it's not the easiest thing to get the 100 percent disabled
veteran due to a service related injury. We see a lot of them come through our
office at 80 percent, or 50 percent, or 20 percent. And people all the time tell us,
"I should be 100 percent." One hundred percent unemployable could also mean
PTSD (Post Traumatic Stress Disorder) and other areas. But the VA, it's about a
two-year average process for them to get the 100 percent. For the total number of
veterans in the State of Hawaii, it's a very low percentage that actually get the
100 percent. So they weighed a lot of different options. There were some in the
group that felt that everybody should pay some sort of tax.
Last year, the County Council did also approve—when you asked if anything else,
if we are on a slippery slope, I mean, everything valued at $500 or less also pays
zero tax, whereas before their minimum was $25. So I think it does depend what
the County Council's goal is. As for our office, we'll implement whatever you
decide because that will become law.
MS. LEE LOY: Ms. Miura, follow-up question. During the Task Force Working
Group, you know, the suggestions coming forward, did they make any
recommendations as to where we would make up for the gap?
MS. MIURA: There are other areas that they have coming forward. I mean, one
of them that was also submitted in the same report, was to completely repeal the
non -spec residential program, and they do have other areas. But their whole role
goal was to make the program fair and equitable. I think they felt that this was
step forward to improving the living for people in this category. Although their
goal isn't necessarily to be budget or income neutral, they also don't want to give
away the house. So I can tell you that it wasn't a quick and easy decision to come
to zero. It took about three -and -half meetings, and it sounds like a little bit. But
when it's over a year's time, they really, really did struggle with looking at it and
coming at it from all angles.
They looked at who was—not "who" in particular the names of people, but the
values of the parcels. You know, what they would pay if they weren't in it, and
making sure they were all primary homeowners. That's the other thing we have to
remember, people in this class, this isn't their second home. They are all primary
homeowners. So they have to qualify for the homeowner's exemption, as well.
MS. LEE LOY: Thank you, Chair. Mr. Kanuha, I'm going to be supporting this at
this time but maybe there might be an opportunity to look at some amendments,
Page 23
FC -39
July 24, 2018
and maybe even if there's a follow-up status report from the Task Force on where
to make up that gap. You know, it's like a rising tide. We kind of give up this
opportunity for a revenue source. It's going to have to come out of somebody
else's pocket. I'd actually like to see how those two would be connected to one
another. Thank you, Ms. Miura. I yield.
ACTING CHR. EOFF: Okay, thank you. Mr. Chung.
MR. CHUNG: Yeah, thank you. I hate talking about this thing because whenever
you talk about doing things against disabled veterans, you know, it only brings
down that popularity meter, right? But I just wanted to make sure that the other
side, the other opinion was given in this discussion.
Really, my vote kind of—it's consistent with my just overall philosophy of how
things are going in the United States, really. We are a democratic society. You
know, democracy, we have elected officials, and the lifeblood of each of those
elected officials are the voters. What happens is it's easy to give things away.
That's how people get votes.
But we have to think about things on a broader level. We owe it to the overall
community to provide services. Now, you take away $100,000 here, a $100,000
there, $100,000 somewhere else, it has to be made up in other areas and that's
what really, really concerns me. Once you give something away at the County
Council level, in terms of exemptions and things like that, you can never get it
back. I'm sorry, I've never seen it happen. So I just wanted to offer that caution.
Obviously, an unpopular position that I'm taking but I'm just very concerned if we
keep on going on this path. Thank you.
ACTING CHR. EOFF: Thank you. Any other comments? Ms. O'Hara.
MS. O'HARA: Yes, Chair. Questions, basically. Ms. Miura, do you know
approximately where, in which districts, these 656 properties are located? Is there
a predominance in one district to another?
MS. MIURA: We have it broken down to East Hawaii districts versus the
West Hawaii districts, and most of the veterans disability are in the East Hawaii
districts.
MS. O'HARA: And what is the average value of property?
MS. MIURA: The average value, the area that have the most veterans' disabilities
were under $400,000.
MS. O'HARA: Okay. And the real property tax reform group, have they come up
with recommendations to reduce any other classes to zero?
Page 24
FC -39
Motion to Amend
July 24, 2018
MS. MIURA: No.
MS. O'HARA: This is the only one?
MS. MIURA: Correct.
MS. O'HARA: And what are other counties currently charging disabled vets who
own property? Is there a standard model across the state? What are they doing?
Do you know?
MS. MIURA: We did have to come up with that information for the group, but
that was several months ago, so I'd feel pretty uncomfortable trying to wing it off
my memory on what that number is at this time.
MS. O'HARA: So there's no set model?
MS. MIURA: No.
MS. O'HARA: No. Each county is different?
MS. MIURA: Correct.
MS. O'HARA: Okay, that would be interesting to know. Alright, thank you. I
just had some questions.
ACTING CHR. EOFF: Thank you. Any other comments or questions?
MR. KANUHA: Madam Chair?
ACTING CHR. EOFF: Mr. Kanuha. At this point, I'd like to amend Bill 165 with
the contents of Communication 989.1.
Mr. Kanuha moved to amend Bill 165 with the contents
of Comm. 989.1. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Does everybody have Communication 989.1? Oh,
Mr. Kanuha, you can explain this amendment.
MR. KANUHA: Sure. It's basically removing the "ordinance shall take effect
upon approval" toand adding—taking out "upon approval" and adding "on
July 1, 2019." I mean, the recommendation was to change this for the year 2018,
but obviously we've got to be more realistic in the budget deadlines and everything
that's going on. I think it's obviously more appropriate to have it take effect
July 1, 2019.
Page 25
FC -39 July 24, 2018
ACTING CHR. EOFF: Okay, thank you. Any questions or comments,
Council Members? Seeing none, all in favor of amending with
Communication 989.1 please say "aye."
Vote on Motion to The motion to amend Bill 165 with the contents of
Amend: Comm. 989.1 was carried by the following voice vote:
(Approved)
Ayes: Committee Members Chung, Kanuha, Lee Loy,
O'Hara, Poindexter, Richards, Ruggles, and
Acting Chair Eoff — 8.
Noes: None.
Absent: Committee Member David —1.
Excused: None.
ACTING CHR. EOFF: I guess back to the main motion. Are we ready to vote on
Bill 165 as amended? Any further discussion?
MR. RICHARDS: Chair?
ACTING CHR. EOFF: Mr. Richards.
MR. RICHARDS: Yeah, just a quick procedural question. My understanding is
we can't touch real property tax rates unless we're in the year previous to the tax
rate that it will be affecting. So when we're talking about that, coming forth, we
have to have the budget before us, and in the year previous of the tax year we're
affecting. Is that a true statement? That's what I ran into when I was trying to
work with the budget previous. And this is not about supporting the intent of this,
this is about a procedural question. Clerk?
ACTING CHR. EOFF: Is that a question for the Deputy County Clerk?
MR. RICHARDS: Yes.
ACTING CHR. EOFF: Mr. Henricks, would you know how to answer that?
MR. HENRICKS: I guess I don't quite understand your specific concern,
particularly since the bill was just amended, so it wouldn't affect until the next
fiscal year. I think that was the purpose of the amendment; so that should this be
approved, the administration can plan for not having this source of revenue in the
future, yeah? Is that the concern that you have, Mr. Richards?
MR. RICHARDS: Yeah. Well, again, procedural. Because as I understood, we
can't affect real property tax rates this far in advance, because we're talking about
next fiscal year. And then also, the question came up, do we need a public hearing
as far as that goes?
Page 26
FC -39
July 24, 2018
MR. HENRICKS: I think I understand your point now. As far as I'm aware, the
Council, through ordinances, could affect certain aspects of real property, such as
this, where other exemptions or other things. Naturally the administration would
prefer that those policies take effect at the beginning of the next fiscal year again
so they could plan accordingly. But that is wholly separate from actually setting
the real property tax rates; which do have only a certain window of time, between,
I believe, April and June 20' to be increased or decreased. But the Council could,
as they are doing, well, at least potentially doing with this bill, affecting general
policy when it comes to how real property taxes—for example, exemptions such as
this.
MR. RICHARDS: Okay.
MR. HENRICKS: I suppose the Council could have adopted this bill and had take
effect now, and then the administration would just have to absorb that and perhaps
amend the budget accordingly. But I think Mr. Kanuha is just following the
suggestion or request of the administration to make this a little bit simpler and
have it take effect on July 1 of next fiscal year.
MR. RICHARDS: Okay. Yeah, I'm getting the—like I said, strictly a procedural
thing. But I'm getting what you're saying here. Okay, I yield.
MR. HENRICKS: Right, and no public hearing is required for this particular type
of ordinance.
ACTING CHR. EOFF: Okay, thank you. Comment?
MR. CHUNG: Me again.
ACTING CHR. EOFF: Mr. Chung.
MR. CHUNG: You know, I was just checking online, and this might be subject to
fact checking, but I just briefly looked.
A person who is totally disabled from a military injury gets $3,000 plus a month,
okay. And again, just based on my quick review, that's nontaxable. So in other
words, you're looking at basically a $50,000 income. What about those guys who
are 70 percent disabled? Now, they've got to work and they've got to pay the
minimum tax. I mean, something is not right with this equation. I know you guys
were talking about the ultimate sacrifice, 100 percent unemployable. But there are
other considerations here too. Thank you.
ACTING CHR. EOFF: Okay, thank you for that, Mr. Chung. Ms. Lee Loy.
MS. LEE LOY: Thank you. Mr. Clerk, with this ordinance taking effect at the
beginning of the next fiscal year—but as we go through our budget cycle for that
Page 27
FC -39 July 24, 2018
fiscal year, will this be reflected if we go up or down on those real property tax
categories?
MR. HENRICKS: If this change is made and the 656 people that we understand to
be qualified for this don't pay any property tax, are you asking if that would affect
potentially tax rates? It could, but then again there's other manners and methods.
It would depend upon how the administration crafts the budget for the next fiscal
year. And then also, of course, when they see, you know, in that mid-April time
when they have the valuations for property, that is really the telling thing. As I
understand it, for them it's—you know, were they increases, decreases, or status
quo, when it comes to the building and land properties that we have to charge
those rates against.
MS. LEE LOY: Yeah, I think my question was more focused on the category
itself. We have residential category, or hotel category, affordable housing. Would
this be a line item category in those real property tax rates which we set at that
particular point and time in which we take out to public hearing or does this not
show up?
MR. HENRICKS: You know, I'm presuming that Lisa Miura or Keita Jo are still
available. But I feel safe in saying the answer to that question is "no."
MS. MIURA: Correct. They're currently in the homeowner's exemption already,
or in the homeowner's classification, so we don't have a separate classification and
tax rate for veterans.
MS. LEE LOY: Thank you, Ms. Miura. And thank you, Clerk. I yield.
ACTING CHR. EOFF: Further comments or questions? We'll just take a vote.
All in favor of approving and sending Bill 165, as amended, to first reading please
say "aye."
Vote on Bill 165: The motion to recommend passage of Bill 165, as amended,
Draft 2): on first reading was carried by the following voice vote:
(Approved)
Ayes: Committee Members Kanuha, Lee Loy,
O'Hara, Poindexter, Richards, Ruggles, and
Acting Chair Eoff – 7.
Noes: Committee Member Chung –1.
Absent: Committee Member David –1.
Excused: None.
MS. EOFF: And that is the end of Finance Committee agenda. May I have
motion adjourn?
Page 28
FC -39
July 24, 2018
ADJOURN- There being no further business, at 2:45 p.m., Ms. Lee Loy moved to adjourn
MENT: the meeting. Seconded by Ms. Poindexter and carried by the following
voice vote:
Ayes:
Committee Members Chung, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
Ruggles, and Acting Chair Eoff — 8.
Noes:
None.
Absent:
Committee Member David — 1.
Excused:
None.
ACTING CHR. EOFF: We're adjourned.
Approved:
Ms. Maile Medeiros avid, ,hair
Finance Committee
MD/na
YI-7111v
(Date)
Page 29