2016-03-03 Hearing Transcript - Update Puna Pono Alliance et al GAF Claim

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HENKEL: Mr. Chair? HEAUKULANI: Commissioner Henkel. HENKEL: I’m—I’d like a clarification on what exactly is the matter before us. Are we discussing why it hasn’t been resolved or are we going to take additional action? Are we able to take additional action ‘cause, you know, I mean, we did vote unanimously that the parties work something out, and I’m, you know—you know, I’ve asked Daryn a couple times about progress, and it’s kind of alarming that they’re hasn’t been any progress— HARDEN (from audience): Could you use your microphone? HENKEL: I’m sorry. It’s alarming that there hasn’t been any progress for 14 months. So, clarification on what, why are we here with it now? PATEL: So, procedurally, there is no application to act on for the Commission today. So, this was an update on the status. I guess they’ve been issues, and the Claimants would like to give a presentation or testimony. But, to answer your question, there is nothing before the Commission on this matter to act on at this point in time. HENKEL: Okay, thank you, but I’m eager to hear testimony. HEAUKULANI: And, just to, I think, clear up the record, I spent some time this morning looking at the transcripts of our March 5, 2015, proceeding which was a year ago and two days. And, at the time, the issue revolved around Section 103D-101 and 301. It’s really the procurement requirements that every claim or every contractual obligation that the County enters into offer everyone a fair opportunity to, to show that they’re qualified to participate. The motion, I believe, and staff can correct me I’m wrong, but I think that the motion was that we remand the matter to the Department to request and thanks to the Applicants that they would take time to sit with the Department to structure the RFP in such a way as expeditiously as possible put this project out for bid so we can get this study underway. And then there was some discussion and the motion was amended to remand the Department for the Applicants to work with the Department to structure the RFP and to restructure the application accordingly. So, there is no question, and I think the Director and counsel correctly discerned this Commission’s inclination that this project be funded as quickly as possible, and the only hold-up was that the RFP be consistent with procurement laws and that this thing not get hung up in the Finance Department because of some technical issues. So, that’s kind of where we are, and I guess my question would be to staff, what—what has taken place. I join in Commissioner Henkel’s concerns. What has taken place toward that end in the last 363 days and where we are in the process? 2 EXHIBIT E