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HomeMy WebLinkAboutMIN FC 2021/02/16 2020-2022Committee on Finance 41h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii February 16, 2021 CALL TO The regular meeting of the Committee on Finance was called to order at ORDER: 1:33 p.m. in the Council Chambers, Hilo, by Mr. Matt Kaneali`i- Kleinfelder, Chair. ROLL CALL: Present: Mr. Matt Kaneali`i- Kleinfelder, Chair Heather L. Kimball, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member (via videoconference from Kona) Mr. Holeka Goro Inaba (via videoconference from Kona) Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member (came in later) Mr. Herbert M. "Tim" Richards III, Member (came in later) Ms. Rebecca Villegas, Member (via videoconference from Kona) STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: COMMUNI- CATIONS: The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. The following individuals registered to speak and came forward when called by the Chair: Caycie Wong: Comm. 105, comment. Leslie Rohn: Comm. 105, comment. Dwight Vicente: Comm. 100, comment. CHR. KANEALI`I-KLEINFELDER: And let's go ahead. Clerk, I'm going to jump to—let's do the nomination for Deborah Ward first, Communication 112. The Chair directed the Committee to proceed to the next order of business, Communications. FC -4 February 16, 2021 Change Order As directed by the Chair and with no objection from the Council Members, of Business: the following items were taken out of order: Comm. 112: NOMINATION OF DEBORAH WARD TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMITTEE From Acting Mayor Lee E. Lord, dated January 25, 2021, requesting the Council's review and confirmation. Requires Council Confirmation by: March 12, 2021 (Section 2-215(k), Hawaii County Code) Vote on Comm. 112: Ms. Villegas moved to recommend confirmation of (Approved) the appointment of Ms. Deborah Ward to the Public Access, Open Space, and Natural Resources Preservation Commission. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair Kaneali`i-Kleinfelder — 9. Noes: None. Absent: None. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Chair Kdneali`i- Kleinfelder informed Ms. Ward that she does not need to appear at the Council meeting for the final confirmation of her appointment. CHR. KANEALI`I-KLEINFELDER: Okay. And then I believe we have Torey Keltner from Traffics here, as well. Can we go to Resolution 40-21, Mr. Clerk? Res. 40-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF SIX INTOXILYZER 8000 BREATH TEST INSTRUMENTS TO THE COUNTY OF HAWAII POLICE DEPARTMENT The donation provided by the Maui Police Department is valued at approximately $42,000. Reference: Comm. 107 Intr. by: Mr. Kdneali`i- Kleinfelder (B/R) Page 2 FC -4 February 16, 2021 Motion to Approve: Ms. Kierkiewicz moved to recommend adoption of Res. 40-21. Seconded by Ms. Lee Loy. (Note: At this time, Police Traffic Division Coordinator Torey Keltner came forward to address the members of the Committee.) CHR. KANEALI`I-KLEINFELDER: Torey, go ahead. MR. KELTNER: Thank you all for—here, Chair. Thank you very much for the time. We have been very lucky. We have a very good relationship with the Maui Police Department and the Hawaii Police Department. They moved forward with a new instrument that they're going to use for those same intoxilyzer tests that they perform on individuals. We still have the Intoxilyzer 8000s. They've performed well for us. The ones we have now I believe are seven years old, and we'd like to have kind of back-up ones that we have. They're well-maintained. The ones that we get from them, are going to be well-maintained. And it's a great opportunity for us to have those. So I thank you very much—you know, if everybody agrees to that, thank you very much for getting them. I know Chief Ferreira is happy that we're able to accept that stuff, and they're very gracious in offering it to us too. So, thank you. CHR. KANEALI`I-KLEINFELDER: Thank you. We did reach out to Maui County, but there was no one to speak today, so thank you for being here. I'll open it up to questions from the Council. Does any—Kona, you have any questions? MS. DAVID: None here, Chair. Thank you. CHR. KANEALI`I-KLEINFELDER: Thank you, Ms. David. Okay, here in Hilo? I see no lights on. Thank you for being here, Torey. Appreciate it. MR. KELTNER: Thank you. I appreciate it, too. CHR. KANEALI`I-KLEINFELDER: Okay, so all in favor of closing—no, sorry—of approving Resolution 40-21 ? Page 3 FC -4 Vote on Res. 40-21: (Approved) February 16, 2021 The motion to recommend adoption of Res. 40-21 was carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair Kaneali`i-Kleinfelder – 9. Noes: None. Absent: None. Excused: None. CHR. KANEALI`I-KLEINFELDER: Thank you, Torey. And do we have Royce Shiroma outside as well today? Okay, let's go to Bill 23. Bill 23: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30 2021 Increases revenues in the Federal Grants – Workforce Innovation and Opportunity Act (WIOA) account ($76,479); and appropriates the same to the WIOA Rapid Response 2020-2021 account. Funds would be used to assist in rapid response and layoff aversion activities in Hawaii County. Reference: Comm. 108 Intr. by: Mr. Kaneali`i- Kleinfelder (B/R) Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Bill 23 on first reading. Seconded by Ms. Lee Loy. CHR. KANEALI`I-KLEINFELDER: We had a Royce Shiroma who was supposed to be present for questions. Do we have anyone online, Jeanette? No? Okay. Is there any questions from the Council regarding this? MS. KIERKIEWICZ: Chair—I mean, I would like someone from Housing to be here but happy to have an answer to my question at Council. Just really curious what they mean by when they say, "rapid response and layoff aversion activities." Just differently terminology that I'm not really used to, and I'm really curious how they're helping with the unemployment issue here. So if anyone is tuning in, hoping to get that update at Council in a couple of weeks. Thank you, Chair. I yield. CHR. KANEALI `I-KLEINFELDER: Thank you for that, Ms. Kierkiewicz. Any questions from Kona, comments, concerns? MS. DAVID: No, Chair. Thank you. Page 4 FC -4 February 16, 2021 CHR. KANEALI`I-KLEINFELDER: Thank you, Ms. David. Okay, well everyone is watching, and they can hear the question that was asked by Ms. Kierkiewicz and provide an answer when they do come at the next hearing at Council in two weeks. For now, we will go to our vote. So motion to approve Bill 23 and forward to Council with a positive recommendation, all in favor? Vote on Bill 23: The motion to recommend passage of Bill 23 on (Approvedfirst reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair Kdneali`i-Kleinfelder — 9. Noes: None. Absent: None. Excused: None. CHR. KANEALI`I-KLEINFELDER: Okay, let's go back to Order of Business for the day. So let's go to Communication 31.5, please. Return to Order The Chair directed the Committee to return to the order of business. of Business: Comm. 31.5: REPORT OF CHANGE ORDERS AUTHORIZED: JANUARY 1 — 15, 2021 From Finance Director Deanna Sako, dated January 20, 2021, transmitting the above report pursuant to Hawaii County Code Section 2-12.3. Vote on Comm. 31.5: Ms. Kierkiewicz moved to close file on Comm. 31.5. (Approved) Seconded by Ms. Lee Loy and carried by the following carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair Kaneali`i-Kleinfelder — 9. Noes: None. Absent: None. Excused: None. Comm. 32.1: MONTHLY BUDGET STATUS REPORT FOR THE MONTH ENDED JULY 31 2020 From Finance Director Deanna Sako, dated January 15, 2021, transmitting the above report pursuant to Hawaii County Charter Section 6-6.3(h). Motion to Close File: Ms. Kierkiewicz moved to close file on Comm. 32.1. Seconded by Ms. Lee Loy. Page 5 FC -4 February 16, 2021 CHR. KANEALI`I-KLEINFELDER: Any discussion? MR. INABA: Chair? CHR. KANEALI`I-KLEINFELDER: Mr. Inaba. MR. INABA: Is Director Sako in the chambers? CHR. KANEALI`I-KLEINFELDER: She is. She is here for your questions, if you need her. She is on her way to the dais right now. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) MR. INABA: Mahalo. I believe this might the be first time I am seeing something like this, so if you could just explain anything that you think is important since it is probably near 100 pages. MS. SAKO: Hi, happy to do that. Deanna Sako, Director of Finance. So this is actually the July 31, 2020, Monthly Budget Status Report. So after our staff finally gets all done with the prior fiscal year, then it's a hurry -up and catch-up. So you'll be getting several of these over the next couple of meetings, until we are caught up. But basically each one is laid out the same way. So the goldenrod sheets that you have in front of you is the Revenue Status Report, and so that shows all of our revenues. The first column is our budget, and the second column is what was collected during the month, and then the third column is the year-to-date revenue. And then, any balance. When reviewing, you want to keep in mind things like for real property tax, that our collection dates are in August and February; so after August, you might see a lot more coming in until February. Or like for franchise tax and Highway fund, that, you know, it's a once -a -year payment. It is laid out by fund. So the first one is always the General Fund, which is the main fund of the County, and then the Special Funds follow. Then on the white pages, is our Expenditure Status Report. So again, the first column is the budget, the second column is the monthly expenditures, the third one is the year-to-date expenditures. And then the fourth column, is actually the year-to-date encumbrances, so any contracts or purchase orders that have encumbered those funds. And then, the remaining balance. Page 6 FC -4 February 16, 2021 And similarly, different things happen in different months. We do have a payroll lag, so July actually reflects three pay periods; so when you're looking at Salary and Wages, for example. But otherwise, the percent used as shown in the far righthand column. And the other thing to remember, even though some of it might look like almost all of it is used, it's because we may have encumbered a contract already, and we'll be paying that off, one -twelfth throughout the fiscal year. And then the lighter yellow pages in the back is the balance sheet for each fund. Everything is laid out by fund. Each fund has to separately balance. And so there's also the General Fund in the back. And it will be the same layout every month when you receive this. We do have staff that do review it, and right now, especially in the first month there's no concerns or anything of alarm. MR. INABA: Thank you, Director Sako. And yes, you answered my question regarding the percentage you used. Chair, I yield. CHR. KANEALI`I-KLEINFELDER: Thank you, Mr. Inaba. Any other questions in Kona? MS. DAVID: No, Chair. CHR. KANEALI`I-KLEINFELDER: Thank you. And here in Hilo, I see no lights on. Okay, so motion is on the floor, all in favor closing file on Communication 32.1? Vote on Comm. 32.1: The motion to close file on Comm. 32.1 was carried by Filed the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair Kdneali`i-Kleinfelder — 9. Noes: None. Absent: None. Excused: None. CHR. KANEALI`I-KLEINFELDER: Okay, next order of business, please? Page 7 FC -4 February 16, 2021 Comm. 100: REQUESTS A DISCUSSION REGARDING THE FORMATION OF A REAL PROPERTY TAX AD HOC COMMITTEE From Council Member Heather Kimball, dated January 26, 2021. The ad hoc committee would review the Final Report to the Council from the former Real Property Tax Review Working Group and Agricultural Committee dated September 20, 2019, and proceed to consideration of current practices and policies of the Real Property Tax program relating to assessing, determining, and collecting real property taxes. Motion to Close File: Ms. Kimball moved to close file on Comm. 100. Seconded by Ms. Lee Loy. CHR. KANEALI`I-KLEINFELDER: Ms. Kimball, this is your item. Go ahead. MS. KIMBALL: Thank you, Chair. I just wanted to express initially what my objective is here. Deanna and I spoke a little bit yesterday, and there's certainly an understanding that the time in both Property Tax and Finance is very valuable right now as we head into the budget session. The main purpose for proposing something like this at this time is because of the position of uncertainty that we find we find ourselves in, and the fact that we have a very narrow window in which we can make any adjustments in May and June. You know, the uncertainties as I see them at this moment are that we don't know how collections are going to go in February. We also don't know if we're going to have any money coming in from the federal government. I think we all expect that, but we don't know how that's going to come in, whether it's coming directly to us, what sorts of requirements there will be for expending it. And then finally, we don't know what's going to be happening at the State Legislatures as far as TAT (Transient Accommodation Tax) and some of the other money that comes our way from there. So my objective was to be able to get at least four of us together to be talking about basically a decision matrix, a decision tree, where we start to get the answers to some of these uncertainties. We can say—we can decide how we're going to recommend that we respond to the body as a whole. So if we do see if they drop in collections, what are we going to do; if we do see money coming in from the feds, what are we going to do? So that's the objective of this at this time, is really to—when we get to the point where we have just a narrow window to make adjustments, we have a well thought out plan for decision-making. Thank you, Chair. I yield. CHR. KANEALI`I-KLEINFELDER: Thank you, Ms. Kimball. Is there any comments or concerns from other Council Members? Kona, any thoughts? Page 8 FC -4 February 16, 2021 MS. VILLEGAS: Chair? CHR. KANEALI`I-KLEINFELDER: Go ahead. MS. DAVID: Okay. Thank you, Ms. Kimball. Could I ask Director Sako what her thoughts are on forming an ad hoc committee specifically related to real property tax? It's kind of a broad subject matter, so I just wanted to know what her thoughts are. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) MS. SAKO: Well, you know what—oh, sorry for interrupting. MS. DAVID: Thank you. Go ahead. MS. SAKO: So when I first read the communication it says, " to consider necessary changes to the current Real Property Tax policies, practices, and procedures," and I think—I was assuming it was very much like the Real Property Tax Working Group that we had. In 2019 they submitted their final report, and so we really didn't want to have to go through that entire process again. I still think the communication sounds like that, so I was kind of concerned about something other than that. I do understand that the Council may want to discuss other revenue sources, or how that would work. But, you know, the Mayor will be submitting his budget with his take on what we should be doing in those situations. MS. DAVID: Thank you for that. And because his—the Mayor's budget should be coming pretty quickly MS. SAKO: March 1st, we'll be submitting the first budget, and then May 5th will be the amended budget, which hopefully will include whatever we know at the time, about what the federal government is doing. But more importantly, what the State Legislature should have ended by then, And so, hopefully we'll have that all included in the May 5th budget, as well. MS. DAVID: Okay. My question is that—in the formation of the ad hoc committee, and maybe it's a question for our Clerk. Is that we form an ad hoc to investigate a matter that's, I guess, before a committee. And so would this—would we better off waiting until we receive the budget so we have a matter before us within which to form this ad hoc committee, and be specific as to what the investigative issues will be, according to our rule? That's just a question for our procedure. CHR. KANEALI`I-KLEINFELDER: Jon is here. He's coming up right now. Page 9 FC -4 February 16, 2021 MS. DAVID: Thank you. (Note: At this time, County Clerk Jon Henricks came forward to address the members of the Committee.) MR. HENRICKS: What was the question, Ms. David? MS. DAVID: The question was—yes, thank you, Mr. Clerk. The question was, in forming this ad hoc committee our rules basically says that we can establish an ad hoc committee to investigate a matter relating to official business before the Council or Standing Committee, and then we need to identify it. I'm just wondering if this is regarding real property taxes and the potential of funds that we may or may not be getting. Would it be better to wait until we have something before this Council; for example, the budget that we will definitely know at that time what the situation with the Real Property Tax will be, and then form the ad hoc committee at that time? That's just the question. MR. HENRICKS: I'm sorry for making you repeat all of that. I don't have an answer. It's preferential, and I don't know. Based upon timing—I mean, that's far out from my field of knowing when the timing would appropriate to look into that. It's also kind of generalities too, about revenues. Not things that I have a lot of knowledge on, so I'm sorry I can't be helpful. MS. DAVID: Okay. Well, I'm just reading our rules, and it just seems to me that there—an ad hoc committee would be to investigate a certain matter that's basically before us, and I guess one could assume that because the real property tax situation will be coming before us, then the committee could form. That was my only question. So basically there's no real answer, and it's up to the body than to form this ad hoc? MR. HENRICK: Yes, and it's up to this committee to answer your question actually, in my opinion, as far as—very important step is again, determining the scope, yeah. That's a balancing act between being too specific to where you determine that scope today, and it's so finite that committee gets together to do work and it finds that it's handcuffed from doing anything. But the other extreme is worse, where it's so broad, that essentially you're creating a committed interaction group that doesn't have any parameters on what they can discuss, and that might not be in anybody's best interest either. So that's the purpose of this meeting right now on a public forum, in an opening meeting, to create those parameters of what is being investigated; what matter is being investigated and what the expectations are. Not from the results driven standpoint, but what the expectations are for what kind of boundaries, and questions, and issues can this ad hoc committee grapple with, and then bring back Page 10 FC -4 February 16, 2021 information that will help the full committee make better decisions, or take an action based upon that investigation and the findings. MS. DAVID: And I guess that's my question. But we have Corp. Counsel here. If I could call up Corp. Counsel Strance to the table? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Committee.) MS. STRANCE: Well, I appreciate the sentiment in the communication, the forward looking. The way that it's drafted is in some ways backwards -looking, too. MS. DAVID: Can you bring your mic closer? MS. STRANCE: I appreciate the sentiments be forward looking, which is what I think the intention is. However, it refers back to a prior report. And the scope of the communication is a discussion, where a Council Member talks about making a decision about a rubric And so I am somewhat concerned about how the language is crafted, and it dovetails a little bit with some of the other comments that have been made about clarity and what the ad hoc committee is really looking at. So while I appreciate the sentiment, and I think that's been expressed, as well, the crafting of the communication may need to be looked at a little bit further. MS. DAVID: Thank you, Ms. Strance. For now, I'm going to yield to my other colleagues. If they have any questions regarding what's being discussed right now, I'd like to hear. MS. KIMBALL: Chair, if I may? I am willing to withdraw. CHR. KANEALI`I-KLEINFELDER: Sorry, I'm going to other members. MS. KIMBALL: Oh, okay. I was going to be willing to— CHR. KANEALI`I-KLEINFELDER: Let me go to other members to have a say, too. I'm interested. MS. KIMBALL: Okay. CHR. KANEALI`I-KLEINFELDER: Anyone else in Kona have a comment? MR. RICHARDS: Yeah. Chair? Page 11 FC -4 February 16, 2021 CHR. KANEALI`I-KLEINFELDER: Go ahead, Mr. Richards. MR. RICHARDS: Yeah, thanks. I think I get what Council Member Kimball is trying to do, is get ahead of the curve a little bit and start a conversation. We're going to have a tough financial year; we know that. And I'm very sensitive to what Director Sako talked about, not wanting to redo what has been done. But having some sort of venue to start discussing what impacts we may be facing, because it's not just about revenue for the County, it's also got to be based upon where we're looking at funding coming from our constituency, because they're the ones paying that. So being sensitive to their needs, as well. And so I have to commend Heather for trying to be foresightful instead of—and being proactive instead of reactive to the situation. But I'm mindful what Corp. Counsel is saying here, to be very specific about this. So I generally support what we're trying to get done here, but I don't want to create a lot of more work for Finance. But I think we need some sort of methodology to allow us to have a conversation going forward. And I don't know what that is. This might be the way to do it. But I'm sensitive to what Corp. Counsel is saying right now. So again, generally I support this. And I'd like to hear some other opinions. I yield. CHR. KANEALI `I-KLEINFELDER: Thank you, Mr. Richards. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Oh, okay. Thank you, Chair. Thank you, Ms. Kimball, for putting this forward. I remember my first few months in office I had put forward a very elaborate communication regarding a budget ad hoc; didn't go anywhere. But I think coming into this there are a lot of really great intentions and attempts to want to get a handle on our budget situation, and now more than ever with COVID. I do see a disconnect and what was presented here in the communication versus what you did share today, so I do suggest some refinement. But I do also encourage working in partnership with Director Sako and Administrator—our RPT (Real Property Tax) Administrator, Ms. Miura. They are a wealth of information and resources. And I think that the recommendations that are put forward in the reports that were done by these various working groups, they tell you what you need to do. They really do. I don't think we need to establish an ad hoc to take any next steps to implement. But I caution you in wanting to implement many of these strategies because they're going to squeeze our tax -base right now, which is the last thing we want to do. We need to find ways to incubate more economy rather than tax Page 12 FC -4 February 16, 2021 our constituency, and so I can't support raising any type of taxes right now. Absolutely cannot even put that on the table. And I also have a bit of concern around having these type of discussions so openly while the Legislature is in session; because if they get wind of these sort of discussions, they're going to know to take money off the table, right? And we need every bit of support we can get from the State. So I'm just trying to think of it from that strategic standpoint, as well. But I do appreciate this. And I think there are ways that we can work strategically together, in partnership with the Administration, to make sure that we have a good handle on our budget. Thank you. Chair, I yield. CHR. KANEALI`I-KLEINFELDER: Well said, Ms. Kierkiewicz. Ms. Lee Loy, go ahead. MS. LEE LOY: Yes, thank you. Thank you, Ms. Kimball, for putting this forward. I'm listening to everyone. And you pinged on something which is what many of us first time around discovered, which was there is this very narrow window on when we can agendize an item, put it up—if we're going taxes up or down, right? There's a very narrow window, along with balancing when we get the first draft, when the Legislature closes, when we get the final draft. So, it is somewhat of a dance. And so I have to commend you that you have already picked up on that, just our third meeting in. So I can support what you're trying to achieve, but I'm falling back on what Judge Strance mentioned in the communication itself. It's—there is a bit of a disconnect. So I would offer—when we did the ad hoc committee for the nonprofit, there was a specific paragraph, "The scope of this committee will be limited to." Or something to provide the guardrails, you know, what the scope is, what we're trying to achieve. If it is this decision tree or rubric, and describe what that is. But yeah, at this time it's really hard to support without understanding what the action will be. And then as Ms. Kierkiewicz said, like strategically having the Legislature watch us, what we're doing, before they even given us their budget. And this is a biennium budget year. You know, just a lot of moving factors. I was hoping that—you know, Deanna, you could expand on that a little bit. MS. SAKO: Yeah. You know, the State Legislature is trying to get ahold of real property taxes and trying to set rates this year is challenging for us as well, especially given our values and where we fall in that whole thing. So we've been very cautious, you know, of all of that. But we're definitely watching everything the Legislature is doing. We definitely—you know, we know it's going to be a challenging year. Page 13 FC -4 February 16, 2021 The one thing too, just because of the way the communication is worded, a lot of the recommendations in the working group's report, it's too late to implement for this coming fiscal year. You know, we could—you guys could choose to implement them, but it wouldn't impact the coming fiscal year because many people have already applied for the exemptions, or the dedications, or things like that. So anything affecting the value, it would be too late to do; other things like rates and whatnot will come up during the whole budget discussion. MS. LEE LOY: Yeah. And again, you know, Council Member Kimball too, have already honed -in on this complex dance between the Legislature, our budget, real property tax rates, and how that all ebbs and flows. I think you are on to something. I think it just needs a little bit more refinement and some strategic timing when we have these discussions. So with that, I yield. CHR. KANEALI`I-KLEINFELDER: Thank you, Ms. Lee Loy. Anyone else in Kona? MR.INABA: Chair? CHR. KANEALI`I-KLEINFELDER: Go ahead, Mr. Inaba. MR. INABA: Yeah, I just want to say, you know, being new Council Members, mahalo, Council Member Kimball, for putting this forward. And as we see these recommendations given by these working groups, some of which have not been acted upon in years, I think it's good that this is before us. And hopefully—and whether it's through an ad hoc committee that's more refined in definition or just inside work, I think this is really beneficial for our County and for us moving forward. So mahalo, Ms. Kimball. Chair, I yield. CHR. KANEALI`I-KLEINFELDER: Thank you. Okay, anyone else in Kona? Okay, Ms. Kimball, thank you. Did you want to follow up on anything? MS. KIMBALL: Yes, thank you. I'm sorry to have interrupted before. CHR. KANEALI`I-KLEINFELDER: No, no. MS. KIMBALL: My comment was, after hearing from Deanna and Corp. Counsel, I'm willing to withdraw and recraft this a little bit so there are those guardrails, it is a little bit more clear, or—I think it's probably too complex to amend on the floor today. But I'm willing to withdraw it and spend a little time crafting it a little bit more succinctly, and making it clear, really what the objective was. I just want us as a Council to have some tools to respond in a thoughtful way to whatever comes from any of these areas of uncertainty. Really, I just want to be able to share some spreadsheets with my colleagues, and this is Page 14 FC -4 February 16, 2021 how we have to do it under Sunshine Law. So I will withdraw the motion, Chair, and will spend some time MR. HENRICKS: Mr. Chair? May I interject? MS. KIMBALL: Yes. MR. HENRICKS: Because this is a communication and the motion on the floor is to close file, it's okay to just vote on it. MS. KIMBALL: Okay. MR. HENRICKS: And that won't preclude a similar communication or effort in the future. MS. KIMBALL: So do we have to—I'm sorry, just clarify what—do we have to change the motion at all? MR. HENRICKS: No. MS. KIMBALL: Or just closing the file and just not taking any action on this. MR. HENRICKS: Yeah. It will just cleanly dispose it from the agenda. MS. KIMBALL: Yeah. Alright. MR. HENRICKS: And then you can move forward with future, similar things that won't preclude that from happening. MS. KIMBALL: Thank you so much. MR. HENRICKS: By voting on it today. MS. KIMBALL: That's all I have to say then. Thank you. CHR. KANEALI`I-KLEINFELDER: Thank you. Thank you, Mr. Clerk and Ms. Kimball. I would say I agree with everything that was said. Ms. Kierkiewicz, I think you summed it up very well. And then for you, Ms. Kimball, you could always do a communication and share information with the Council in an open way, beyond having to do a working group. And then I do remember, I think it was last year, there was attempt—maybe it was what you mentioned. Two years ago there was an attempt to do a working group, and the Corporation Counsel at that time was against it. It was Joe Page 15 FC -4 February 16, 2021 Kamelamela. Maybe Mrs. Strance feels differently. But I just remembered that. I don't remember the full content of that meeting. I just remember that time. So good job. You touched on something. And find a way around it and move forward. But, thank you. Okay. Okay, so we have a motion on the floor, and all in favor of closing file on Communication 100? Vote on Comm. 100: The motion to close file on Comm. 100 was carried by Filed the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair Kaneali`i-Kleinfelder — 9. Noes: None. Absent: None. Excused: None. CHR. KANEALI`I-KLEINFELDER: And then we have last but not least, Communication 105. Comm. 105: 2020 ANNUAL REPORT OF THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION From Acting Mayor Lee E. Lord, dated January 14, 2021, transmitting the above report pursuant to Hawaii County Code Section 2-218. The Mayor provides a detailed summary of the purchasing history and status of the lands purchased with the fund, an accounting report, a statement on management and stewardship of the lands, and requests that the Council accept the updated prioritized list as provided by the Commission. Motion to Close File: Ms. Lee Loy moved to close file on Comm. 105. Seconded by Ms. Kierkiewicz. CHR. KANEALI`I-KLEINFELDER: And we believe we have Maxine Cutler. Sorry? MS. DAVID: Chair, we also have Hamana Ventura in the Kona chambers. CHR. KANEALI`I-KLEINFELDER: Okay. Okay, why don't you lead us off Mr. Ventura, and then we'll go from there. (Note: At this time, Property Manager Hamana Ventura came forward to address the members of the Committee.) MR. VENTURA: Mahalo, Chair, and members of the Finance Committee. Hamana Ventura, Property Manager. You know, we would like to just take this Page 16 FC -4 February 16, 2021 time to thank our commissioners for doing an incredible job this year. With COVID, they really didn't have to show up. For a few months we were excused, but between the commissioners and our staff, they showed up, they did their job, they vetted the properties, and they provided this comprehensive list for us. So we just wanted to take this time to mahalo them and tell them how much we appreciate their effort. Mahalo. CHR. KANEALI`I-KLEINFELDER: Mahalo for that. Do you have anything else you would like to talk about, or do you want to go from there? MR. VENTURA: I'm here to answer questions. CHR. KANEALI`I-KLEINFELDER: Okay. Okay, Council Members? Kona, any discussion? MS, DAVID: Chair? CHR. KANEALI`I-KLEINFELDER: Yes? MS. DAVID: I just really would like to thank Hamana and the entire PONC Commission (Public Access, Open Space, and Natural Resources Preservation Commission) for their hard work on this. The report is excellent. And like you said, given the challenges that you folks went through, we really want to express our aloha and mahalo to you folks for the job well done. Very good job. Well done. MR. VENTURA: Mahalo. MS. DAVID: I yield. CHR. KANEALI`I-KLEINFELDER: Thank you, Ms. David. Anyone else in Kona? MS. VILLEGAS: Chair, this is Rebecca. CHR. KANEALI`I-KLEINFELDER: Go ahead. MS. VILLEGAS: Aloha, Hamana. Thank you for being here again today. It's been such a joy to work with you on these PONC properties, and discovering new properties, and learning the processes, and being able to work so closely with some of these humanity groups here. Your leadership, your patience, and your ability to guide them through the process is—it's priceless. And so I just thank you for sharing your aloha, not only in helping those get on this list on put it in the applications, but also the fruition of the PONC purchases that have happened recently, and in the way that you take care of these properties. Page 17 FC -4 February 16, 2021 And you have an ability and a passion for thinking outside the box and making sure that the most innovative practices are utilized, to clear lands with goats, to incorporate out cultural practitioners and our lineal descendants and families in the process of refurbishing and bringing these properties back to life. And I just—I can't express my appreciation and gratitude enough. So, thank you for that. Thank you for your continued service and guidance as we continue to move through these processes. To the group of people that organize this under these extraordinary circumstances in the time of the `rona (coronavirus). And this report is—I mean, tabs and everything makes it really easy to navigate through here, find what you're looking for—and being able to follow through with executing and bringing things to fruition, so thank you so much. I really appreciate you. With that, I yield. MR. VENTURA: Mahalo. CHR. KANEALI`I-KLEINFELDER: Thank you, Ms. Villegas. Anyone else in Kona? Okay, hearing none— MR. INABA: I'm sorry. Chair, this is Holeka. CHR. KANEALI`I-KLEINFELDER: Oh, Mr. Inaba, go ahead. MR. INABA: Okay, Uncle Hamana, the question I have is, we have this prioritized list here, so next step is—I mean, we—it was in the paper, big article, at Mahukona, was number one. But what is then the next steps with regards to the amount that is sitting in the PONC fund and knowing that we have a number one ranked property? MR. VENTURA: Okay, mahalo for your question. So this is part on the ongoing process, is the commissioners at the end of last year submitted their list to the Mayor. The Mayor presented it to the Council, and once it's accepted by Council, then Council Members for their respective districts can bring forward resolutions to enter into negotiation. It's just part of the overall process that we follow. MR. INABA: Okay, and one more question. I see property ranked number 17 just missed the cutoff for the 50 percent. When this happens—I actually got an email about this property already. Is there a process, or is it allowed to be re-entered in the next year's report, if they missed it this year? MR. VENTURA: If you look at several of our parcels, especially our Kohala ones, they usually come up on an annual basis; and whether it's been accepted, made the list above the 50 percent line, it doesn't bar them from coming back and Page 18 FC -4 February 16, 2021 improving on their presentation. Sometimes it's technical, some other issues, but we always encourage anyone who wants to participate in the process to definitely go through it again if they choose to. MR. INABA: Mahalo. That's all I have. Chair, I yield. CHR. KANEALI`I-KLEINFELDER: Thank you, sir. Okay, here in Hilo? I have no lights on, okay. Mr. Ventura, I have one question for you. So it looks like in 2015 there was a Pohoiki purchase for $1.4 million. MR. VENTURA: Yes. CHR. KANEALI`I-KLEINFELDER: I'm just wondering, just so I can ask, given what's happened since the lava flow, how does that interplay with the PONC fund purchase, or does it at all? MR. VENTURA: Well, we still own what we own. We're just not consider—we just not quite sure what it escheats to the State. The perimeters have changed the metes and bounds, so what's still not lava inundated is still considered owned by the County. And even if it's lava inundated and it still falls within the original shoreline certification and surveys, it's still considered owned by the County. CHR. KANEALI`I-KLEINFELDER: Okay. Okay, thank you. Appreciate it. Appreciate you being here today, thank you very much. MR. VENTURA: Thank you. CHR. KANEALI`I-KLEINFELDER: Okay, go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Hamana, Maxine, maybe you can clarify for me. I was going through the report, and I noticed that Waiele was called out as a property not being pursued at this time, which seems counter to some recent conversations that we had. So just wondering if there was an error in the report, and hoping for some clarification. MR. VENTURA: So probably when the report was generated, initially it looked as those were one of the properties that wasn't on a high-value list, and the reason being at that time was because of lava inundation, it was a concern. And now that we're more comfortable with where the flow had subsided and so forth, we' 11 probably amend that going forward. MS. KIERKIEWICZ: Okay, that's great to hear. Because I remember speaking to you folks just a few weeks ago about this this, so I was a little surprised to see it in the report, but I know change administration, different priorities. And as you say, just kind of reviewing and reassessing the area has caused folks to reconsider. Page 19 FC -4 February 16, 2021 So thank you for that clarification. I'll be working with you folks directly on that because that is a property that is in District 4. Thank you. Thank you, Chair. I yield. CHR. KANEALI`I-KLEINFELDER: Thank you, Ms. Kierkiewicz. Okay, well with that, I don't see any further discussion. We have a motion on the floor, all in favor of closing file on Communication 105? Vote on Comm. 105: The motion to close file on Comm. 105 was carried by Filed the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair Kaneali`i-Kleinfelder — 9. Noes: None. Absent: None. Excused: None. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (Item in this category was taken up previously, out of order.) BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. (Item in this category was taken up previously, out of order.) CHR. KANEALI`I-KLEINFELDER: And that bring us to the end of our agenda. ADJOURN- There being no further business, at 2:34 p.m. Ms. Lee Loy moved to adjourn MENT: the meeting. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair Kaneali`i-Kleinfelder — 9. Noes: None. Absent: None. Excused: None. Page 20 FC -4 CHR. KANEALI `I-KLEINFELDER: We are adjourned. Approved: Mr. Matt Kdneali`i- Kleinfelder, Chair Finance Committee MK/na February 16, 2021 3 its 2 i (Date) Page 21