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HomeMy WebLinkAboutMIN RAWEEMC 2022/01/04 2020-2022Committee on Regenerative Agriculture, Water, Energy, And Environmental Management 14th Session Hawaii County Building 25 Aupuni Street Hilo, Hawai i January 4, 2022 CALL TO The regular meeting of the Committee on Regenerative Agriculture, Water, ORDER: Energy and Environmental Management was called to order at 3:01 p.m., in the Council Chambers, Hilo, by Mr. Herbert M. "Tim" Richards, III, Chair. ROLL CALL: Present: Mr. Herbert M. "Tim" Richards, III, Chair Mr. Holeka Goro Inaba, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member (via videoconference) Absent & Excused: Mr. Matt Kaneali`i-Kleinfelder, Member STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS CC)N4N4T TNT - CATIONS The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. The Chair called Eileen O'Hara who registered to speak to comment regarding Communication 378.3 and 574, and came forward when called. CHR. RICHARDS: Thank you. Do we have any other testifiers? MR. ARACELEY: Thank you, Chair. You have no other testifiers. CHR. RICHARDS: Okay, thank you. Close public testimony. And Clerk, I understand we have 378 is already motion on the floor. The Chair directed the Committee to proceed to the next order of business, Communications. RAWEEMC-14 January 4, 2022 Comm. 378.3: REQUESTS AN UPDATE FROM THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT REGARDING SOLID WASTE DIVISION PRIORITIES AND CHALLENGES From Council Member Ashley L. Kierkiewicz, dated October 27, 2021. Postponed: November 16, 2021 (Note: There is a motion by Ms. Kierkiewicz, seconded by Ms. Lee Loy to close file on Communication 378.3) CHR. RICHARDS: Okay, thank you, Clerk. So we have communication and motion on the floor. Do we have Mr. Mansour on Zoom, is he available? MR. BROWN: He is Chair. MR. MANSOUR: Yes, aloha Chairman, and Committee Members on via Zoom. CHR. RICHARDS: Okay. Thanks so much, Ramzi. And I know we have Corp. Counsel. Judge, please? CHR. RICHARDS: Okay, so have before us the communication, Ms. Kierkiewicz this is yours MS. KIERKIEWICZ: Mahalo nui, Chair. Think recall a few months back I invited Director Mansour and his Deputies to come before the Council, and give us an update on where we were with Solid Waste Division priorities. Specifically with prioritizing the recently adopted Integrated Solid Waste Management Plan. There are a lot of complex issues that this division is facing. There's been some personnel changes. And just wanting to make sure ahead of this coming budget cycle, we're really clear on what this division is focused on. What sort of capital they need to move things forward, not just financial capital but people power. And the potential for collaborating with the private sector. So really wanted to have that conversation with that department. A lot of information was shared with us in September, and the directive at that point was to have Mr. Mansour and his team edit themselves. Edit, prioritize, tell us, what are the top things you're working on and really need to move the needle on, in order for other things to kind of be put into place so that there could be some forward momentum there. As you can see this was filed in October, it's January 4. There has been a couple of requests from the department to postpone, the most recent coming through yesterday. And had a very long conversation with Corporation Counsel Judge Strance, on this. And Judge Strance, I do want you to put on the record, the formal request around why we are postponing. My preference is that we continue to have this conversation, in two weeks. I know that the Director and others, are looking for a bit more time. In my mind, Page 2 RAWEEMC-14 January 4, 2022 you had the time. You had the time to prepare. And if there are certain things that we just can't disclose publicly, we can find a way to either convene an executive session, or just say on the record "Can't talk about it." But I think, and I alluded to this in other conversations. If we are supposed to make fiscally responsible decisions, we need the most important appropriate information in real time in order to help us make those decisions. This is a hot topic, I think for us and our community. And so Judge Strance, if could just aluminate the issue a little bit around just the sensitivities without getting into too much detail. And the real urgency and need you see, to kind of put a pin in this for couple more weeks. Thank you. CHR. RICHARDS: Please, Judge. (Note: At this time, Director of Environmental Management Ramzi Mansour, and Corporation Counsel Elizabeth Strance came forward to address the members of the Committee.) MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. You know what, it looks like three agenda items spans a pretty broad swath of a huge department with a lot of complicated issues and moving parts. And when I saw this agenda, and knowing that there are moving parts, knowing that there are ongoing discussions, I didn't feel that the department was ready to present. And I didn't feel that the part that we were ready to have a presentation where there might be matters of attorney client privilege, that we would not want to have discussed on the open record. I'm very cognizant about this Council's desire to understand what's happening. I know that we're gearing up for the budget cycle, and so I understand the importance of the department being able to make a presentation to you. Having said that, given the sensitivity of some of the discussions, and they're ongoing, I don't want to see the Director make a presentation mid -conversation. You know, if we're going to have a discussion about mid -conversation, I'd prefer that be either in executive session so it doesn't get reported out as a position, or a done deal on the part of the department. But I would like to see something carved out in a way that is a meaningful presentation to you folks, and I know you want it for the public. So with that in mind, I counseled Ramzi that I didn't feel that it was appropriate for him to make a presentation to the Council. So if there is somebody to blame for his not making a presentation, it's me, and I'll take responsibility for that. But I just feel like there's a number of complex issues, and that we need some more time to package them in a way that we could make a presentation to the Council. So that was the thinking behind this request. MS. KIERKIEWICZ: Thank you, Judge Strance. And I just want to restate that I'm going to be postponing this, and giving you folks a couple more weeks to Page 3 RAWEEMC-14 January 4, 2022 kind of put your heads together. And come up with a concise sort of presentation, bullet list, of what we're looking for. Again, just really asking the Director to edit himself around what are the core priorities of solid waste. You know, we've got that management plan. We also have a zero waste plan, right? There are ways in which we can be taking our liabilities, and turning them into assets. And so I want to see more exploration of that. There's a lot of money coming in from Federal Government, to support really critical infrastructure investments, to support these facilities. So hoping that we can have a meaningful conversation in a couple of weeks. And I'm okay, to grant one more postponement. MS. STRANCE: Thank you. CHR. RICHARDS: So, Ms. Kierkiewicz? MS. KIERKIEWICZ: Chair I yield for now, unless folks want to weigh in on this particular communication. We have a couple more that are related to Environmental Management, but I would like to hear from my colleagues. CHR. RICHARDS: Okay. So going to open it up for any conversation, right now. Ms. Lee Loy. MS. LEE LOY: Yeah, thank you, Chair. Thank you, Ms. Kierkiewicz and Ms. Strance. I think, let me back up a little bit. Our Council is challenged already with meetings, so many internal deadlines to get things on the agenda so that we can have a conversation that actually dovetails or feeds into future conversations, that we know are already built into our calendar. And so I think Ms. Kierkiewicz is putting it very delicately, but there is a system that we're trying to stay within and as she says, and I know I've said it in the past, we need good information, to help us make good decisions. I think as she mentioned, because my communication is another one further down the list. You know, hers was put in October, and now we're in January. And you know, I want to lean in. Ramzi, Judge Strance, we need to know, we really need to know. And whatever it is because we have a built in calendar to get more information on our agendas, so that we can have it. We're bound by so many regulations, Sunshine Law, you know, we're just going down this rabbit hole. And it begins to feel like the Council gets handcuffed, when all we're trying to do is get information so we can make good decisions. So with that, I will be supporting Ms. Kierkiewicz' postponement for two more weeks. I think two and a half months is a lot of time. And put your heads together, just high level some of the big topics so that we can begin to focus. The Legislature's coming up, we want to know if we need advocacy there. You know, help us help you, so we can help community. That's what we want to do, we want to serve community. I don't think any of us get into this work, without that Page 4 RAWEEMC-14 January 4, 2022 at the forefront. We want to help and serve community. Thank you for letting me share, Mr. Richards. I yield. CHR. RICHARDS: Okay, thank you, Ms. Lee Loy. Mr. Inaba. MR. INABA: Yeah, thank you. And you know, what I think Sue is saying Ashley is being nice with her words, and I think Sue is too. And something is wrong in the neighborhood here, when this is an ongoing conversation. Do we have new Division Chief for Solid Waste yet? MR. MANSOUR: No, we don't. MR. INABA: Okay. MR. MANSOUR: We're still waiting on Department of Human Resources for the process. MR. INABA: Okay. I think in the last discussion that we had with you Director Mansour we—or at least I know what I said, and that was to boil down some priorities. The simple bullet list, and that's what Ms. Kierkiewicz is alluding to there as well. Not only do we have concerns, but we represent our districts as does the Administration to do you know, the Mayor's elected we all represent the constituents of this island. They deserve answers, and we're trying to get those answers. And this is not only for you, but this seems to be even for other discussions we've had earlier today. We need answers, and we need them sooner, rather than later. And simple answers, are better than no answers. And I'm going to leave it at that. CHR. RICHARDS: Thank you, Mr. Inaba. Mr. Chung. MR. CHUNG: Yeah, thank you. And thank you, Judge Strance, for your explanation and falling on the sword on this matter. And it could very well be that, you know, it was your department that caused or requested this postponement. But what concerns me is whenever Corp. Counsel gets involved in something like this, I mean because on its face it looks rather innocuous. You know, we want to get an update on solid waste matters, wastewater matters, so that as Ms. Lee Loy says we can make good decisions in trying to address some of these long standing problems. When Corp. Counsel gets involved in postponing a matter, only two things come to mind: potential liability, or contractual, or both. I mean the only thing I can think of, are contractual liabilities. Because I don't see any reason aside from contractual issues why Corp. Counsel would get involved and say, "No let's postpone a discussion on Solid Waste Division priorities and challenges"; wastewater priorities challenges and solutions. You know, basically we want the Page 5 RAWEEMC-14 January 4, 2022 straight scoop, okay. Now it's a philosophical type of thing that we're dealing with. You know, when Joe Kamelamela came up here many, many, years, well about four years ago during his appointment, he said this, "I don't represent the Mayor, I don't represent the Council, I represent the people." That's terrific words right? That's how it supposed to be, right? But the reality of the situation is because Corp. Counsel is nominated by the Mayor, so selected by the Mayor, confirmed by the Council, but can only be removed by the Mayor. And that has to do not just with Corp. Counsel, but everybody else all of the other division heads. The reality of the situation, is the allegiance lies with the Mayor. I mean, I don't think anyone can dispute that. But we just want the straight scoops, yeah. If you guys are going to terminate contracts let us know, and you guys better give us real good reasons why those contracts are going to be terminated. Because the County and the taxpayers of the County, are on the hook on this one. And this Council I will say, and you know, this has to do with solid waste but more with Ms. Lee Loy's request. There's been a lot of crazy nonsense going on by Administration over the last years, so not just you guys. And we got to know what's going on, because there's a lot of good that can happen. And we can be a part of that, we can facilitate these things. But it's just not happening. So I want to have some frank discussions at some point. I'd prefer not having it in executive session, I want this thing out in the open. So that the public can see what kind of crazy nonsense, is going on. I not saying, Judge, you're a part of this, but it's crazy. It has been nonsense, really. I cannot put it anymore nicely or bluntly. So maybe we can have a talk about this later on, okay. That's all I want to say, right now. It's been very frustrating, and we're only left to our own devices at some point. Because we don't get answers, and when we're left to our own devices sometimes it's not good, right? So we have to abide by transparency, Administration doesn't have to. But at some point we've got to get together and work for the common good, yeah. So thank you. CHR. RICHARDS: Thank you, Mr. Chung. Well I'm seeing no more lights on in here. Ms. Villegas, do you have any comment you want to make? MS. VILLEGAS: No, thank you. Well I suppose I just would quickly like to—having had lengthy conversations with Ramzi. Having to do with solid and wastewater, since the introduction of this new Administration and his placement in this role, you know, it seems to me there's a lot of things going on behind the scenes, which is why—and you know, respect. And it strikes me in a similar tone as Mr. Chung, that there are likely things that have to do with contracts that the County has been shackled too, that are less than ideal. I can only imagine the complexity there, so I guess another level of empathy for what DEM (Department Page 6 RAWEEMC-14 January 4, 2022 of Environmental Management) has been going through. I also have a lot of gratitude for your willingness and tenacity, to even take on these issues. And the prior Administration, some of my experience was that it was just kind of told, no, yeah, we'd love to do that but we can't do it because we don't have enough money. But what I'm getting from a lot of the conversations being had also with the Environmental Management Commission, and very cutting edge organizations that are working on solving the long-term issues for not just this municipality as they relate to solid waste management and wastewater. I guess I remain hopeful and optimistic, that when the time is right from a legal standpoint from Corp. Counsel, that ideally there will be some good news in that capacity. And I myself is not ready to jeopardize that in any capacity. So I appreciate your willingness, Council Member Kierkiewicz, to postpone this again. And I guess I would recommend that there be some conversation potentially offline, that provide whatever that can be safely and legally shared. But that there can be some sense of comfort and reassurance, that as the information the reason that we're waiting longer is, because hopefully there's some good news coming and that there are some breakthroughs ahead. I know that this Administration has been talking about ESCOs (Energy Service Companies) and just some really unique opportunities. I mean Council Member Kimball, is working currently on navigating a way to overcome the Konno decision, and how that's kind of created gridlock in way that we manage our waste as a County. So thank you, Ms. Kierkiewicz, for your willingness to postpone this again. Thank you, Mr. Mansour, for getting into this poop storm, managing DEM for the County of Hawaii. And I remain hopeful that there will be some good news, and that is what that's why we can't know exactly what's going on yet. So give them hell, bring us some good news, breakdown the barriers. We've got to break them down, and we've got to get our County into the 21" century when it comes managing our solid waste and our wastewater. With that I yield. Thank you. CHR. RICHARDS: Thank you. Coming back, Ms. Kimball, we have a light. MS. KIMBALL: Thank you, Chair. Judge Strance, I'll be brief. You know, I really appreciate you, and I appreciate the level of thoughtfulness that you approach everything with. You know, when you're here in front of us I can tell every word you're ruminating about. And that's your job as an attorney and the attorney for the County. With that said, I'm agreeing with my colleague Council Member Chung here, when left to our own devices—and I realizeI think I have a sense of what you're trying to say, but it's still a little vague. And so when we're left to our own devices to fill in that space, about why you're making this recommendationI know from past conversations that we've had about some of the things, you know, we've got EPA (Environmental Protection Agency) eyes on things, and we've got contracts in the works. Page 7 RAWEEMC-14 January 4, 2022 But I think even within the context of these communications, a little more specificity around what some of those barriers are in terms of getting into the depth that we'd like to see might be more comforting to us as a body, rather than kind of allowing us to make those assumptions about what those things potentially could be. In addition I would say, you know, we're asking for specific things, the priorities and challenges. But the conversations we had over the past year, a lot of the question is about process and understanding how decisions are made. And so rather than having postponed this, I think maybe a step back to talk about how the process would take place, and how we would get to these outcomes that are being desired from the communication. I think that would go a long way, to help address what our concerns as a body is. We understand there's a lot of moving parts right now, but between a little bit more clarity around what the barriers are from a legal standpoint and then a greater representation with the process, I think that gets us a little further, than we've gotten today. So thank you, Chair. I yield. CHR. RICHARDS: Thank you, Ms. Kimball. Mr. Chung, you have any quick comment? MR. CHUNG: Yeah, just briefly. Speaking of the Konno decision though, does the Solid Waste Division have any Konno issues related to it? It was more wastewater, right? I mean if at all. I mean, I heard mention of the Konno. I think they was trying to get around the Konno. And I think that might be misstating what Ms. Kimball's position is all together. But are there— MS. VILLEGAS: Konno decision had to do with solid waste, but it has implications in wastewater. CHR. RICHARDS: Hang on Ms. Villegas. Hang on, Mr. Chung has the floor. MR. CHUNG: I'm just asking Corp. Counsel. MS. STRANCE: I don't have any specific information, that there's a specific Konno issue. I think Konno presents certain challenges, and being mindful of what those challenges are there's Supreme Court. You know, there's not just the Konno decision, there's a number of Supreme Court decisions that interpret and build on Konno. MR. CHUNG: Well there's specific reference to the Konno, that's why I'm asking. MS. STRANCE: Yeah, I know I was here for the Mayor's presentation of legislative priorities, so I know that there have been discussions about that. I know there was an issue in the legislative priorities that you folks are working on. I just want to be clear that this request isn't made because of something that Page 8 RAWEEMC-14 January 4, 2022 happened in my department, this isn't made because something that the Mayor said, this is my seeing what's on agenda and not feeling comfortable that we're ready, that the presentations that would be made were ready to be made. And if I'm too deliberate that way, I apologize. It's really intended to be a thoughtful process, you know, I have a lot to learn. You know, I had a conversation with Chair David, and her interpretation of something that I did was the exact opposite of my intention. And so I definitely have things to learn. But I really want to be clear, that this isn't some effort to hide the ball, it's just the hairs went up on my neck because I didn't feel like I had my arms around it. I made some recommendations on that, and I did it without being thoughtful about what your time was for this afternoon. I apologize for that. It is with an intention to get you clear, and good information. MR. CHUNG: Oh. You know, I think we've worked with you even during this short period of time, one year to at least believe the genuineness of your statements, you know, I don't question that. You know, Ms. Kimball, used the word thoughtful. And I agree, you are thoughtful. But at the same time there are some lingering questions in my mind. Because when does Corp. Counsel step in without having maybe discussed this matter with DEM, than just looking at an agenda item and saying, "I think you guys aren't ready." I'm just thinking out loud here, something doesn't add up. But be that as it may. What I would suggest for everyone here, to try to listen to what Ms. Eileen O'Hara had to say. That should be viewed as a primmer to history of this situation. I mean I'm talking specifically about composting, but that relates to solid waste and everything. That should be mandatory reading for any person who wants to understand what this is all about and how we got to where we're at, and where this thing could go awry. That's all I have to say, thank you. CHR. RICHARDS: Thank you, Mr. Chung. Judge do you have any further comments about any of this? MS. STRANCE: I do not. CHR. RICHARDS: Thank you. Ms. Kierkiewicz, and Clerk, if we can get a little help here. The conversation that we were having specifically is on Communication 378.3 concerning solid waste. Judge, you have raised a concern about 436 and 554, which have not been read in as of yet, and having the conversations later. So Clerk, is it my understanding that it is requested to postpone all of these conversations? MS. STRANCE: It is. CHR. RICHARDS: Okay. Clerk, help me out here. Before we entertain a motion to postpone to the meeting of 1/18, is that correct, Ms. Kierkiewicz? Page 9 RAWEEMC-14 January 4, 2022 MS. KIERKIEWICZ: That's correct, Chair. CHR. RICHARDS: Okay, thank you. To postpone these other two, do we read them in, and then postpone them at the same time? MR. BROWN: That would be the cleanest way. CHR. RICHARDS: The appropriate thing to do? MR. BROWN: Yeah. CHR. RICHARDS: So hearing that Ms. Kierkiewicz, please. Vote on Motion Ms. Kierkiewicz moved to postpone Comm. 378.3 to to Postpone: January 18, 2022. Seconded by Ms. Lee Loy and carried (Approved) by the following voice vote: Ayes: Committee Members, Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Richards — 8 Noes: None. Absent: Committee Member Kaneali`i- Kleinfelder —1. Excused: None. CHR. RICHARDS: Clerk, moving on to Communication 436.2. Comm. 436.2: REQUESTS A DISCUSSION WITH THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT REGARDING WASTEWATER DIVISION PRIORITIES, CHALLENGES, AND SOLUTIONS From Council Member Ashley L. Kierkiewicz, dated November 3, 2021. Motion to Close File: Ms. Kierkiewicz moved to close file on Comm. 436.2. Seconded by Ms. Lee Loy. CHR. RICHARDS: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. I don t think we need to restate everything that was already said about the reservations Corporation Counsel has about having these conversations today. I hope two more weeks is a reasonable amount of time for us to have some level setting, and be really clear about what we want to have a discussion around. Because I agree with my colleagues. Information is power and we've got to put it out there to the community. They're paying for all of these services, they're accessing, so wanting to make sure that they're aware of where we at, where we're at. And some of it could be good news, and other not so good. But I think we just need to be in a position to know, so that we know how to move forward. Page 10 RAWEEMC-14 January 4, 2022 There's just a lot of concerns that we have, particularly with Wastewater Division. And the issues there with clean water mandates, and this being a $3 billion problem, potentially. If decisions have been made to position ARPA (The American Rescue Plan Act of 2021) money to solve for Wastewater Division problems, I think we are owed plans and timelines really, really critical that we have that. So that we have confidence that these monies are actually going to be used, for what the intention is. So again, happy to work with you, Corporation Counsel, and the Department, to figure out how we best have the conversation publically without jeopardizing any other sensitive conversations you're having on the back end with vendors, contractors, and all that. So appreciate again your willingness to collaborate, and for being here. Chair, folks want to say other things, fine; if not, I'll make the motion when you're ready. CHR. RICHARDS: Okay, thank you. Ms. Kimball, your light is on. MS. KIMBALL: Yeah, I'll be brief. I just decided I was going to stick in my craw, if I didn't clarify what I've been working on at the State level as far as legislation with wastewater. I just been trying to figure out how to get around Konno, you know, manipulate the system. It's actually trying to figure out how we work with it, to address some of these financing issues with wastewater. I don't foresee any conversation that we have here about that being in anyway to have the potential to jeopardize those conversations that I'm having with State Legislators. In fact it's actually going to be beneficial if when I go and have those conversations about the State legislation, I have a solid list of priorities, and costs, and expenses, and things like that. So I'm hoping we can have this in depth conversation, when it's rescheduled so that we have that material. So thank you for that chance to clarify. CHR. RICHARDS: Okay. Thanks, Ms. Kimball. Seeing no other lights, Ms. Kierkiewicz. Vote on Motion Motion to postpone Comm. 436.2 to January 18, 2022, to Postpone: was carried by the following voice vote: (Approved) Ayes: Committee Members, Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Richards — 8 Noes: None. Absent: Committee Member Kaneali`i- Kleinfelder —1. Excused: None. CHR. RICHARDS: Communication 554, please. Page 11 RAWEEMC-14 January 4, 2022 Comm. 554: REQUESTS A DISCUSSION WITH THE SOLID WASTE DIVISION REGARDING THE COMPOSTING PROGRAM AND PROPOSED TIMELINE FOR COMPLETION OF THE FACILITY From Council Member Susan L. K. Lee Loy, dated November 29, 2021. Motion to Close File: Ms. Lee Loy moved to close file on Comm. 554. Seconded by Mr. Inaba. CHR. RICHARDS: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. I think all of my colleagues know where we're going with this one; however, I do feel this one is a little different. Equal to Ms. Kierkiewicz' request, we've been waiting a long time for this but this is very focused. Which walks me back to something Mr. Chung said, about if they don't want to talk about it, we're left to our own devices to figure it out. I think my challenge here today on this particular one is we had a former member of the Council, and now a member of the community, giving the update on where we are. And this was the opportunity for Ramzi to give an update of exactly where we are, and where we're headed. Just like Kalanianaole, earlier this morning. And my challenge is the same as we're looking for good information that should be disseminated from the Administration that can be shared equally amongst all of us, and our colleagues. And I just want to give Judge Strance or Ramzi an opportunity. What is the status of the composting facility? Do we have any known timelines, or where we're headed in this one? Because Council Member Chung in the past has flipped out over this project. And that was his exact words, "I'm going to flip out." Because they appropriated a lot of money, to see this project done. So I just want to give you guys an opportunity. Ramzi, please something as to where we're headed; any status update, confirming some of the information that was provided by our testifiers, anything? CHR. RICHARDS: Thank you, Ms. Lee Loy. Mr. Mansour, Judge, how do you want to proceed? MS. STRANCE: I don't know that we're in a position to answer that question. MS. LEE LOY: Yeah, that's just disappointing. You know, I'm going to entertain a similar motion, to postpone for two weeks, like Ms. Kierkiewicz. This was on their radar from the end of November, well December. And I got to admit I know for myself and other colleagues, we work with the department heads to let them know that some of this presentation that we're requesting is coming up. And so I do feel that they had a lot time, so I too am going to be asking for an update in two weeks. But with that I'm going to yield. If I have any other comments from my colleagues. I yield. CHR. RICHARDS: Thank you, Ms. Lee Loy. Mr. Chung. Page 12 RAWEEMC-14 January 4, 2022 MR. CHUNG: Yeah. Let me give a little bit history on this composting, it's not going to be lengthy and certain not as long as that which was given by Ms. O'Hara. It's only from the legislative standpoint. Way back when, when Maile and I were in our first terms, I believe. The Kenoi Administration came up with a proposal for a one year experimental composting project. That was changed by Margaret Wille who was on the Council into a 10 year plan, so she was the champion at that time. Then the next Administration came in, that was the Kim Administration, Ms. Wille was gone by that time. And then there was this move to terminate the contractoh, and a contract was entered into by the way. Then the Kim Administration, moved to terminate that contract. And then the champion at that time became Ms. O'Hara, but the Council was unified all the way through. We wanted to see this done, it was a policy statement. Then now, Ms. O'Hara is gone, so it just left the two of us, right? And I believe that, I don't want to put words in her mouth but I feel that Chair David feels as strongly about this as I do, yeah. We're having to pick up where our former colleagues have left off. Because it was a strong statement made by the Council, and at each turn. I guess people could look at this contract and say it must be bad, because both of the Administrations, you know, are giving it a hard time or scrutinizing it extra hard. I don't know something is wrong, I don't know exactly what it is. But I know this, I think we don't like to hear right before things hit the newspaper that a contract, which we supported wholeheartedly is going to be terminated. And I'm not just only talking about the composting thing, we're talking about Kalanianaole, and other things. There are things that are happening at the Administrative level that are not being communicated to us, and so we get caught at the back end. Like for example, did you know about the State taking over Kalanianaole? Did you have any idea that was going to happen? I've got to believe that there were conversations going on, you know, for a while. So I'm just putting myself not just in a place as a Council person, but in the place of the public. What the hell is going on? I am looking at you, but I'm not blaming you. It's just how things go, right? But if people put themselves in the place of us who are policy makers just for a little while, I think you guys will understand the level of frustration that we go through. So if there are things moving in a certain way that, you know, would make me very unhappy, please just be straight up. That's all I ask, be straight up so that we can figure out a plan of attack. That's all, yeah. And don't try to sneak attack us or anything like that, because that's just not nice, yeah. And it doesn't do the public any good, because ultimately that's who we're all here to serve. We may have differences of opinions as to what constitutes the best interest of the public, but if we could somehow put our brains together and work this thing through. I think we can really come up with good solutions. Page 13 RAWEEMC-14 January 4, 2022 So I'm just kind of venting right now. But that's a brief history of how this thing happened, and why I'm taking such a vehement role in all of this. Because I didn't intend to that, it just turned out that way. But thank you. CHR. RICHARDS: Thank you, Mr. Chung. Chair David. MS. DAVID: Yes, just a real quick comment, given what was just said by Vice Chair Chung. And I remember the Council when it did support this because I think this was a long-term planning that was dreamed about. And it satisfied a lot of concerns over the environment and how we protect it. And what was beneficial for us instead of how we deal with our trash. I have to thank Eileen O'Hara and this man right here, because he reminded me and I had no clue what was happening. Until I got word that, you know, this whole project that was wholeheartedly supported, is pretty much maybe at risk right now. And that's a surprise for me because, you know, as a Legislator, and when you do something really meaningful, you assume it's a done deal, and it's going to survive and move forward. So now I'm very kind of disturbed, that this is at risk right now. And so Mr. Chung, thank you for bringing that to my attention. And I think the only reason I'm saying this, is because what the concern is on this body has a lot of meaning. And I think we'll set a precedent that I just don't want to be a part of, because pretty much in my mind we're undoing something that a whole body at one point was moving forward on. And it was consummated, as far as I'm concerned. Forgot about it, it was happy about that we're on a road of progress now. I understand this whole change about Administration also, but I think the intention is something that would benefit this island into the future. And so it's at risk right now. I don't understand what's happening. And then we're not getting answers, and I just need to know why. And I think we need to save this, because to redo it's not going to be fair to the community. It's going to cost us a heck of a lot of money, if we take another route as opposed to continuing on this path that was basically blessed by an entire body for the benefit of this island. To me, I'm just as confused, and I'm shocked this is now come before us and we still don't have any definite answers right now. I'm looking forward for two weeks, and when we can get some solid answers to the concerns that have been raised by all of us today. Thank you, Ms. Strance. And I'm looking forward to some positive movement on this. I yield. Thank you, Chair. CHR. RICHARDS: Thank you, Chair. Mr. Inaba. MR. INABA: Yeah, real quick. In light of us postponing three of these communications, I think Ramzi, Director Mansour, is here, Corporation Counsel is here. And I want make sure that the next time we come back the discussion is very orderly, because we have overlap here. That's obvious because we haven't been getting information we want, so people are putting in these requests. So I'm Page 14 RAWEEMC-14 January 4, 2022 saying this ahead of time, and hoping that we can have it very clearly mapped out. And you know, that's on initiation from DEM, but we need to make sure we're not all over the place the next time. Because I can already picture tomorrow's headlines in the paper, based on the conversation we just had. But just looking at these communications, please, please, please, if we can make sure that we are well prepared. And keeping the conversation forward moving. Thank you, Chair. CHR. RICHARDS: Thank you, Mr. Inaba. Okay, hang on Ms. Lee Loy, before we do this. Mr. Mansour, Judge, thank you so much for coming before. But I think the concerns and the wishes of the Council, have been very self-evident. And coming forth there's a level of frustration that we must attend to, there's a level of communication that needs to be attended to. And the request for information is sincere to help. And Mr. Chung, has very succinctly pointed that out. Where this is coming from, and what we need to do to go forward. So I'm hoping that this will be taken to heart. Mr. Inaba pointed out, we do have crossover. So I think it can be, I don't know how we do them. But I'll worry about that in two weeks, how we make the presentation work for all. But I think there's a couple of weeks here, we hit the pause button, and then come back and have a communication level between Director and the Council so we can help get the ball rolling, and move this agenda forward. So Mr. Mansour, do have any comments you'd like to add, just briefly? Because you'll have a lot of time to talk in two weeks. MR. MANSOUR: Not at this moment. I do appreciate the postponement, look forward to the presentation. CHR. RICHARDS: Thank you. Judge, anything else to wrap up? MS. STRANCE: No, thank you. CHR. RICHARDS: Okay, thank you. Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. I did want to mention another thing with this composting facility. My district is actually where they have the greenwaste. And Ms. Kimball and I on separate occasions, and then on one occasion went. They are lining up from 3:00 a.m., for free mulch. Cars lined up for a mile from that mulching facility, all the way to our Mass Transit Facility. People want to know. If that's any indication how important this is to our community, I don't know what else it could be. So with that, Chair, a motion to postpone Communication 554 to January 18, 2022. Motion to Postpone: Ms. Lee Loy moved to postpone Comm. 554 to January 18, 2022. Seconded by Mr. Inaba. CHR. RICHARDS: Any comments, discussions? Mr. Chung. Page 15 RAWEEMC-14 January 4, 2022 MR. CHUNG: Judge Strance, is that okay? I mean you know, we've already approved two postponements for the earlier communications. But is there a possibility, you may instruct the department not to give a presentation? I just want to know. MS. STRANCE: No. MR. CHUNG: Okay, alright. Thank you. CHR. RICHARDS: Okay, so we have a motion on the floor, and no further discussion on that. So all in favor signify by saying "aye." Vote on Motion The motion to postpone Comm. 554 to January 18, 2022, to Postpone: was carried by the following voice vote: (Approved) Ayes: Committee Members, Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Richards — 8 Noes: None. Absent: Committee Member Kaneali`i- Kleinfelder —1. Excused: None. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (There were none.) BILLS FOR the Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. (There were none.) CHR. RICHARDS: We have come to the end of our agenda. Page 16 RAWEEMC-14 January 4, 2022 ADJOURN- There being no further business, at 3:59 p.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Committee Members, Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Richards — 8 Noes: None. Absent: Committee Member Kdneali`i- Kleinfelder — 1. Excused: None. CHR. RICHARDS : We stand adjourned. Approved: Mr. Herbert M. "Tim" Richards, III, Chair Regenerative Agriculture, Water, Energy and Environmental Management Committee HR/rk Page 17