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HomeMy WebLinkAboutMIN COUNCIL 2016/06/01 2014-2016 Special nd 42 Session SPECIAL SESSION ounty Council 25 Aupuni Street Hilo June 1, 2016 INVOCATION: Captain Celestine Ruwethin of Hilo Salvation Army Temple Corps gave the CALL TO The special meeting of the ORDER: 9:00 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Karen Eoff, Member Mr. Greggor Ilagan, Member Mr. , Member (came in later) Mr. Danny Paleka, Member Ms. Margaret Wille, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. Eoff led the Council in the Pledge of Allegiance.) CHR. KANUHA: Mahalo. Before I get to Statements from the Public on Agenda Items, Ms. Wille, did you have something to announce? ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. MS. WILLE been in a and there will be folks testifying from there today. Thank you. -42 June 1, 2016 CHR. KANUHA Statements from the Public, we can bring up the first two testifiers in Hilo before I check with the outer sites. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Cory Harden: Bill 155, Draft 2 (Comm. 706.6), comment. Neal Herbert: Bill 155, Draft 2 (Comm. 706.4), in opposition. Jon Olson: Bill 155, Draft 2 (Comm. 706.6), in opposition; Bill 156, Draft 3 (Comm. 707.16), comment. Fran Tabor: Bill 156, Draft 3 (Comm. 707.18), comment. David Cottis: Bill 155, Draft 2 (Comm. 706.4), in opposition. Ron Becker: Bill 155, Draft 2 (Comm. 706.4), comment. Raghu Giuffre: Bill 155, Draft 2 (Comm. 706.4); Bill 156, Draft 3 (Comm. 707.18), comment. Pamela Waiolena: Bill 155, Draft 2 (Comm. 706.4), comment. Jack Hutchings: Bill 155, Draft 2 (Comm. 706.4), in opposition. Melody Moore: Bill 155, Draft 2 (Comm. 706.4), in opposition. Bob Douglas: Bill 155, Draft 2 (Comm. 706.4), comment. Karen Martinez: Bill 155, Draft 2 (Comm. 706.4), in opposition. Jeramiah Morgan: Bill 155, Draft 2 (Comm. 706.4), in opposition. ina, LLC) Katherine Olsen: Bill 155, Draft 2 (Comm. 706.4), in opposition. Mary Winter: Bill 155, Draft 2 (Comm. 706.4), in opposition. Henry Sutton: Bill 155, Draft 2 (Comm. 706.4), in opposition. Page 2 -42 June 1, 2016 Kestrel Sutton: Bill 155, Draft 2 (Comm. 706.4), in opposition. Imme Rogowski: Bill 155, Draft 2 (Comm. 706.4), in opposition. (Representing several members of the community) Sheila June Winters: Bill 155, Draft 2 (Comm. 706.4), in opposition. Recess: At 10:02 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:13 a.m. CHR. KANUHA: agenda. I think we got Statements from the Public finished. Mr. Clerk, please read in the operating budget, Bill 155, Draft 2. ORDER OF The Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 155 ESTABLISHES AN OPERATING BUDGET FOR THE COUNTY OF (Draft 2): 6, TO JUNE 30, 2017 Proposed Operating Budget for fiscal year ending June 30, 2017, includes estimated revenues and appropriations of $462,978,628. Reference: Comm. 706.4 Intr. by: Ms. Eoff First Reading: May 18, 2016 ; and Motion to Approve: Ms. Eoff moved to pass Bill 155, Draft 2 on second and final reading. Seconded by Mr. Paleka. CHR. KANUHA: Council Members, any discussion on draft two before we start on the amendment? We will get back to the main motion. MS. WILLE: We will get back to the main motion? CHR. KANUHA: Yeah, after the amendments, so if you want to speak at that time MS. WILLE Page 3 -42 June 1, 2016 CHR. KANUHA: Okay, thank you. Okay, Council Members, seeing no discussion right now, Mr. Clerk, please read in the first Communication 706.6. Comm. 706.6 From Council Member Greggor Ilagan, dated May 23, 2016, transmitting (Memo. No. 1): proposed amendments to decrease the Engineering Division Other Current Expenses account by $120,000 (albezia/unsafe flora) and increase the Engineering Division Salaries and Wages account by adding a new line item for arborist services ($80,000) and the Engineering Division Equipment account by adding a new line item for arborist equipment ($40,000). Motion to Amend: Mr. Ilagan moved to amend Bill 155, Draft 2, with the contents of Comm. 706.6. Seconded by Ms. Poindexter. CHR. KANUHA: Go right ahead. MR. ILAGAN: Thank you, Mr. Chairman. First of all, I just want to state that this communication is to enhance the Albizia Program, as well as potentially Members, I want to mention that this money is coming out of the allocated funds for the Albizia Program, where a resident has a concern of a hazardous tree on the neighboring property and once they go through the Public Works Department, Public Works would go out and inspect the hazardous tree. Once the inspection has been made, Public Works would contact the property owner and try and property. Now, I just want to point out that in the last year that this fund was allocated, there was actually no funding used from this fund. So, it has been unused since its creation, and the reason why is because the current legislation for the Albizia Program, which I have been looking into and trying to create a process, has prevented going all the way to the County going into private property. So what with this amendment is to be able to hire an arborist into engineering in Public Works, to be able to, not only to focus on the Albizia Program, but also to address the issue that has been on the forefront of the County Council and could potentially scar our environment. So I just wanted to let you know that this funding is going to address that arborist position and also equipment for the arborist. Before I go into details about what this position is going to do, I wanted to adIf we could have the Director for HR (Human Resources) come up, please. over paying this position and I just wanted to let our Director explain how there are fringe benefits and also other expenses that goes into hiring a person permanently. Page 4 -42 June 1, 2016 (Note: At this time, Human Resources Director Sharon Toriano came forward to address the members of the Council.) MS. TORIANO Resources Director and thank you for inviting me. I was present when I heard the testimony. I believe the testifier quoted what the mean salary was for an arborist position. What that did not account for is the benefit component, which is about 47 percent more, and that takes care of retirement, workers compensation, social security, and unemployment. So yes, you are correct. MR. ILAGAN concerned about what the testifier mentioned. I also would like to bring up the Director from the Public Works tosorry, I heard somebody say something at the other testifier sites. (Note: At this time, Department of Public Works Director Warren Lee came forward to address the members of the Council.) MR. ILAGAN: Director Warren Lee from Public Works Mr. Lee about this position and before I pass the mic to him, I want to let you all know that when this was brought up, we had a meeting with the Mayor and Mr. Flint Hughes and also Mr. Friday was there. He explained the situation regarding Mayor and this is how this idea came to be. I regarding the Albizia going on with the Albizia Program and how this arborist position can also benefit Public Works, if Mr. Chairman gives me the leeway just for another minute. CHR. KANUHA: Yeah, if you want to ask that question to him and then we can get to the other Council Members if they have questions for Mr. Lee too. MR. ILAGAN: Thank you. CHR. KANUHA: Did you hear that question, Mr. Lee? MR. LEE: Warren Lee, Director of Public Works. Yes, I heard the question and the answer to that question is whatthe question is what are we doing now with the albizia, well the Unsafe Flora Program, right? Presently, what we have is our regulatory engineering inspectors respond to complaints that are filed in our office of potentially hazardous trees between neighboring properties or private properties. Our inspectors will go out and respond to the complaint, and to the best of their ability, determine if the tree is a bonafide hazard or if it is not a hazard. Page 5 -42 June 1, 2016 If it is a hazard, then contact will be made with the property owner, of which the tree is on that property. In many cases, the property owners will take care of the if if the potentially hazardous tree is declared to be hazardous, in eminent danger of falling on the private property, we will notify the property owner. In many cases, the property owner will take care of the hazardous tree. contact with them. If they do not respond and it is declared hazardous, then we would go through the process and perhaps eventually remove the tree and bill the property owner accordingly. So that is the present program. Thus far, we have not had to exercise or gotten to that last stage where the County forces have removed the hazardous tree. And this is not onlyby the way, albizia trees, this could apply to any type of tree, could be gun powder or other types of trees also. So the proposal that the arborist position. So what does that give us? That gives us someone that is qualified to make a determination based on the species of the tree, the growth of the tree, and the location of the tree, to give us a better determination of that potentially hazardous tree, if it is hazardous or not hazardous at that point in time. And that would be very helpful, bringing a certified arborist or even an educated, trained arborist. MR. ILAGAN up for questions from the Council Members. CHR. KANUHA: Thank you, Mr. Ilagan. Ms. Poindexter. MS. POINDEXTER, where we need an arborist. Now, time is of the essence because the tree is kind of leaning towards the gym and ready to take down that gym. But right now, as it stands, we would have to go out for bid and that whole process takes a long time. Now if we had somebody in housebut I understand this is under DPW. Parks and Recreation, should we have an emergency where a situation we need an arborist, could we use the arborist that is under the DPW Department? MR. LEE: The answer is that although the arborist is under theslotted in the Department of Public Works (DPW), that person is available for anyone in the County to use. MS. POINDEXTER: Okay, and just for albizia because this is actually the banyan tree thatand this is a reverse Page 6 -42 June 1, 2016 so it down, but we cannot keep cutting one side because it started leaning towards the gym so we need an arborist to say how do wecan we save this tree? Can it be groomed amendment in because I am seeing that the delay in time of not having an arborist onboard may cause a situation that we may not want to be in, that will cost us money in the long run, should something happen to the tree before the arborist would come. So, ely supporting this, you know, I know you talk about albi, on other trees around the island. But anyway, thank you. CHR. KANUHA: Thank you. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman, and good morning, Warren, and thank it? MR. LEE in the budget in the event that upon the complaint being processed and the property owner is unresponsive to taking care of a hazardous tree, that fund was for the County to go in and contract for the tree removal. MR. CHUNG MR. LEE the legal process has been exhausted through the judicial system. MR. CHUNG: So then my next question is, are you in favor of this amendment? MR. LEE and also, I believe that, I think that once the arborist is onboard, he will be making more determinations, whether it be in complete removal, a partial removal, how do you treat this? And then next year, I will bump this back up to the original budgetary amount. MR. CHUNG: Okay, so then where is the other $80,000 going to come from for the arborist, or $120,000? MR. LEE: Well, subject to Council approval and the Mayor at that time, hopefully from the general fund. MR. CHUNG: And then what would be the process now? I mean Mr. Ilagan, Page 7 -42 June 1, 2016 you guys are going to implement for the use of this arborist? Because I tell you can convince me as to the need of it, because this is a big ticket position and we do now if you need an arborist? Contract? MR. LEE: The process right now is that we have the ability to contract, but primarily, we use our engineering inspectors from the regulatory section who are well-versed in clearing, grubbing, building of roads, but not necessarily have the level of knowledge or education as a certified arborist, or even a school-trained arborist, someone with a lot of experience. MR. CHUNG: arises instead of using your inspectors? MR. LEE: We have, on very few occasions. MR. CHUNG: Okay, and how much does the arborist cost? MR. LEE certified arborist MR. CHUNG: You said one time you guys used them, so what? MR. LEE: Well, they charge by the hour MR. CHUNG: Do you think if we contracted out for the arborist, would it be more cost-effective than having an arborist in house? MR. LEE: I think it would be more cost-effective to have an arborist in-house because although the arborist would be assigned to the Engineering Department, primarily for regulatoryaddressing complaints, the arborist could also be used for Parks and Recreation, also my Highways Division. They do a lot of tree trimming, so a lot of times an arborist would be very good toshould be there to Are you going toif you trim so much, will the tree die?? You know, those types of decisions pretty much is left up to the highway crew right now, doing the tree trimming. So certainly having that arborist as a broad spectrum of duties, other than just the unsafe flora bill. Let me also add that if we had the arborist, I would use the arborist who has some training in use of, not only tree trimming or any type of landscaping, but also to Page 8 -42 June 1, 2016 MR. CHUNG brought me a little bit more to the middle. Thank you, Warren. Well, whatever middle there might be. MR. LEE: It was just a rhetorical question. CHR. KANUHA: Ms. Wille. MS. WILLE: I will support this amendment. Clearly, themy constituents are very concerned about the devastated and even be there right now, so many majestic trees were cut down that were about the number of trees cut down along the highway where I felt that they could be trimmed, or people that I know that are arborists felt some of these big, older trees could be trimmed, , , and I think it Parks and Rec were talking about cutting down completely the two humongous monkey pod trees that are behind the King Kamehameha Statue in North Kohala because of concern that a branch would fall across the road to the Police Station and that worriedwell, if we cut a branch here, maybe we have to worry the tree since they d whatever contingency funds or figure out some way. But I think that this is an , I would lean towards what Council Member Chung brought up. But you know, it really has to do with what kind of environment and what kind of in terms of engineers, even here on Banyan Drive, when the plan was to cut down all sort of, all restrooms, that was planned to be cut down. I worked and put all these blocks out and got itaward we move the restroom over a little and trimmed them up and we still have the trees and we would have cut down a number of the trees that were right along the shoreline and holding it. if it was a one location or a few areas thatincidents that we would contract, but I think that we clearly, it would add to our providing the well-being of the environment and it really affects both Page 9 -42 June 1, 2016 the economic, the socio-cultural, and the environmental well-being of the island, just as we were working on the general plan that we need to address all of those. So yes, I will be supporting this. CHR. KANUHA: Thank you, Ms. Wille. Mr. Paleka. MR. PALEKA: Good morning, Director Lee. First of all, mahalo foryou know, I did use the services of Public Works for addressing an unsafe tree in our district recently, and I want to commend the department for a job well done. That individual had been wanting some attention brought to that tree becauseI also went up and took some pictures, and look, this is not only the power lines that were at risk, but also perhaps homes. So I think there are some considerations going to do in addressing these trees. I would support an arborist wholeheartedly because that professional could really make a good assessment, not only on the health of the tree but what else could be occurring with certain trees. We might not see it at the surface but licensed professionals. departm go ask for your support too. Thank you. CHR. KANUHA: Thank you, Mr. Paleka. Ms. David. MS. DAVID: Mahalo Chair. Good morning, Director Lee. MR. LEE: Good morning. MS. DAVID: Thank you very much for that explanation on the process that you gave earlier because that answered a lot of my questions. At this point, I see how many complaints does your department receive for these trees? Do you know off hand? I mean I know that your engineers have to go out there but is it MR. LEE: Right now, I think we have on file around little over a hundred in process. I would say, on a hundred filed, I would say that, and I had the numbers yesterday MS. DAVID Page 10 -42 June 1, 2016 MR. LEE: But about 30 to 50 percent, when the property owner was notified, fro they want to, if thee the absentee owners, and there are which would be very time consuming. MS. DAVID: Right. MR. LEE: And then if the property owner that has the hazardous tree, which is declared hazardous not potentially hazardous, then the County would need to step. But yes, we have quite a few and that does take away from the regulatory their normal duties. This is now a normal duty. MS. DAVID this is in addition to their normal duties, so this arborist would free up their time to address their duties as engineers, basically. MR. LEE MS. DAVID: Okay. And that I really support because I think your department is so huge, I think you need all the engineers you can get. Another question I had is the owner, what is the process on getting access, the County getting access to take care of the trees? Will the arborist be able to help that part? MR. LEE: I think the, not I think, the arborist will provide the technical information as far as basically, is the tree in an eminent danger of harming MS. DAVID: Right, so his opinion gives more credence or weight because he is an arborist, right? MR. LEE: Right. MS. DAVID: As opposed to an engineer, if you needed to go for a legal opinion. MR. LEE: So our process is that once the determination is made, and we make the normal notification, Corporation Counsel to assist us with the process. Page 11 -42 June 1, 2016 MS. DAVID: I see. So I see this as really beneficial to your department, as far as getting an arborist as opposed to using your own engineering staff. MR. LEE: Yes, that would be very helpful. Plus, the arborist, I believe, has a higher level of knowledge than a road inspector or grading inspector. MS. DAVIDou see the benefits of this, then I would gladly support this, and I do support this. Thank you very much. MR. LEE: Thank you, and Council Member Ilagan, thank you. MS. DAVID: Thank you, Mr. Ilagan. CHR. KANUHA: Ms. Eoff. MS. EOFF: Yes, thank you. Thank you, Council Member Ilagan and thank you, Director Lee. I wanted to just support this as well and all that my fellow Council Members have been discussing so far. But one more thing I wanted to add is that because there have been issues with cutting of large trees, and because the island is so beautiful and the trees grow big fast, and people get attached to the trees as visible parts of the community ambience, somebody had me and actually gave me examples of legislation in other beautiful cities and counties in the State that, well not just in the State, in the nation, that have tree ordinances. Whereas, if a tree meets a certain size, the girth of the tree, then different laws come into play where , if the tree has to be cut, you know, for some safety reasons, that several more trees equaling that girth of, or smaller trees but equaling to that would have to be planted in other public places to replace the one that has to come out. to look more into that because in the future, this problem will probably arise, especially after we have an arborist on board to determine house or a building or in the parks as abeing able to save a tree or not. So, would like to work on maybe some other regulations when it comes to which trees m not sure CHR. KANUHA go into greater detail on that. MS. EOFF: Okay, we can discuss it later, but I just wanted to mention that as a part of having an onboard arborist. Page 12 -42 June 1, 2016 MR. LEE: I think you raise a good point, Council person Eoff, because certainly not only aswe not only have to have the expertise to look at the unsafe flora now, we need to look at what we have. For example, we kind of struggle with what we need to do with the trees on , and at some es should they be pruned to Also, with the guidelines or the criteria we have for complete streets, I think any new road that the County builds is going to have buffer zones, going to have bioswale input upfront would be very helpful, not only for the unsafe flora but contributing to the how do we plan. I think you bring up a good point about replacing trees, I mean that would be something maybe the Planning Department would be willing to look at because they come up with the list of trees which are native trees, indigenous trees, and they have a list of approved trees for planting on public places. MS. EOFF: Thank you and this has been, I think, a great discussion and nd that particular recent issue, that there have been other voices in the past that I really , but this helps, so mahalo. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Onishi. MR. ONISHI: Thank you, Mr. Chair. Good morning, Director Lee. I also did utilize that program where these trees are overgrown in my district and the residents were kind of concerned because the trees were like 50 or 60 feet tall. But engineering did come out, they did send a letter to the property owner, they did remove the tree, so that was great. So, you do have your good stories but then you also have your bad stories, right? You mentioned about this contract services that the money is going to be taken out of, , back in or are you talking about the next going to have to do? MR. LEE: Maybe I should have said it a little differently, but right now, we have a certain amount that we anticipate. We know on average what a contractor cost to remove a tree. Maybe a tree could be anywhere from 80 to 100 feet tall and it may be leaning or it could be close to being uprooted. So we took thatas an we came up with that budgetary amoun use that to redesignate some of those funds for an arborist and equipment for the arborist, then I think the Page 13 -42 June 1, 2016 determination is going to be, have we beendo we see enough hazardous trees or are we going to see more hazardous trees that need to be removed? And then I which would be FY (Fiscal Year) 2017--2017. MR. ONISHI: But see my question is MR. LEE: So it could go up or it could go back to the original amount, or maybe it could be less. MR. ONISHI: We might not be here, you and I. MR. LEE: I will not be here. MR. ONISHIyou know, the budget for next fiscal year, right? But so to me, I would hope that because Mr. Chair, we have one more hearing for this budget or this is the last? This is the last and final? Because I would rather see you keep your funding but somehow create another position within either Public Works, Parks and Rec, Planning, or R & D (Research and Development), to have this position in because I know Parks and Rec does utilize the services, and to me, they have I think, more trees. Death trees, which this is supposed to come and help out in coordinating with that, but then, to make it permanent and to listen to what happenedI mean to your comments that you say that could help with Parks and Rec and so forth and then like you just mentioned about Planning, you know, they have, I guess, when theyons on how the landscaping might be when this allwhen Public Works and Planning works together. Also, I look at it where in the past, and not this administration because I think this administration got the different departments working together as one, but the past Parks and Rec by themselves, you had Planning by themselves, and then, if there was a job on a County facility and it was Parks and Recreation responsibility, Public W rent equipment and so forth to go and fix it where we had the in-house capabilities administration brought people together, right? Because Public Works works, as I understand, great with Parks and Rec, right? You guys work hand-in-hand, correct? Page 14 -42 June 1, 2016 MR. LEE: Yes, we work hand in glove. I think we do more work for Parks and Recreation MR. ONISHIo there. But I meanbecause you guys did a great job at the civic. You guys paved that whole area. I mean it helped the County a lot, right? S, happen with this next administration and where this personthis position is going e going to have in the future. So, , like is it possible to create like this new position? hour, but what would you guys suggest? And if you can state your name. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Deanna Sako, Director of Finance. I think the amendment is actually not so much to create the position because the Mayor is the one who creates position with the Council approval, but to move the money to S & W (Salary and Wages) so that they can hire an arborist. But you know, what now, the departments do all interact and work very well together. MR. ONISHI: Okay, but you just mentioned, okay, so if this amendment passes, the transfer of funds from the contract services go to purchase, not to purchase but kind of, is it on a temporary or contract basis? MS. SAKOn is, but until we find a position or or not. They might want to do it as -time position. MR. ONISHInding that they have now to hire someone and just contract them for 89 days as needed? MS. SAKO: Right now, they do it more as professional services but an 89-day contract would probably be an option. They have options. MR. ONISHI: Right, and that correct? MS. SAKO: It depends how they rate the contract. Page 15 -42 June 1, 2016 MR. ONISHI: But if you do an 89- sick leave, vacation, and health, right? Or do you know? MS. SAKO: I think there are various ways you can write that, yes. MR. ONISHI right? MS. SAKO: Right. MR. ONISHI: And so in a way, it would help save the County some funds too. So to me, Council Members, there are options that we can look at or give the department more flexibility instead of just getting like this full-time position, Death, right? But now, if this person becomes like a full-time person, then what else responsibilities is that person going to get? And now that might broaden into other areas, right? Like the Director mentioned, maybe Parks and stimony about Kam Park, about now that person is going to get busier and so now the intent was for the Rapid Death. So any suggestions from any of you? What would you folks rather see? A contract hire or something more permanent? MR. LEE: I would like to see a permanent position because there is enough work for a full-time arborist. MR. ONISHI: And you would rather have it under your department and having it work with other departments, or each department is going to have to hire their own afterwards.? MR. LEE: We will support taxpayers, so the services of the arborist, no matter where assigned, will be available to anyone in the County. MR. ONISHI CHR. KANUHA: Mr. Onishi, last question then I can come back to you. MR. ONISHI: Okay. So, the last thing would be, maybe then at R & D might be the best position for that person because then, it could be shared among the guys a fact, in the past administrationsI mean look at even why Parks and Rec, with their planning section got increased. In the past, there was only one Parks Planner that worked Page 16 -42 June 1, 2016 now has four different positions there. So, just something that had happened in okay, thank you, I yield. CHR. KANUHA: Thanks Mr. Onishi. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. Council Members, thank you for your comments. Council Member Onishi definitely had the same concerns that I had, what are our options? Do we contract? Use professional services? Funding otherwise would be using for roads, highways, bridges, and so on. Now, we have this program which is actually initiated when we agreed and approved the Hazardous Tree Program and we put in funding to make sure that if we need to cut down a tree, we have money for it. However, there has been an issue on trying to complete a project with that program. I want to bring up Deputy Corporation Counsel, Jennifer Ing, beca even using a dime from this fund. (Note: At this time, Deputy Corporation Counsel Jennifer Ing came forward to address the members of the Council.) MR. ILAGAN: sing it in the are so many moving parts, however, with a certified arborist identifying possible hazardous trees, we can make more of an accurate data base of how many hazardous trees there are going to be on this island, rather than having our engineers, who are not even qualified to do this job. Not only does this arborist able, if we move on with this amendment, is able to give more of an accurate picture of our problem, w , , and we ran into a problem to where we can actually use the funds that was supposed to be allocated. Deputy Corporation Counsel can give you an understanding of what seems to be a her to resolve at a later time. MS. ING: Good morning, Deputy Corporation Counsel, Jennifer Ing. Just to clarify with regard to the $250,000 that was allotted, approximately $1,000 was spent to effect personal service. As Director Lee indicated, one of the concerns was for landowners that were not available or not making themselves available for notice purposes. So, some of those funds have been expended to provide personal service to these property owners. Page 17 -42 June 1, 2016 As far as moving these matters through the judicial process, as Director Lee indicated, cases that have gone through the NOV (Notice of Violation) process were referred to our office, so we do have a number of cases that are pending and I believe being reviewed to make sure that everything is in place. Because, as we indicated, this is a newer program, we have to make sure that when we go to either the court of Board of Appeals, that we have the ability to properly prove our cases. So, to my understanding we do have one matter actually that is being prepared for a lawsuit to be filed and we anticipate that shortly. lengthy process, we have to make sure notice is proper, that we have the particular situation involved where if we do have unsafe flora. So while the arborist position would definitely strengthen our ability to make these cases, we are, nevertheless, using the available Code sections and the engineers we have through Public Works to make these cases go forward. So, it is in the process. As far as the funding, we anticipate needing the funds to address landowners or see that there was a lot of voluntary compliance on the part of these property owners to resolve these issues on their own. MR. ILAGAN: Thank you. And also, there was a concern that the Council Member brought up regarding is there enough work for this arborist and does it warrant an arborist? From what we heard, it really does because there are other personnel, especially in Public Works, who are using their time and are not necessarily trained to work on this Hazardous Tree Program. Just like there are issues in Parks and Rec, this arborist will go and help out personnel in Parks and in R & D. Just like in Planning, this arborist will work with the Blue Zone Project, Complete Streets, and other planning input that he can make, as well as going with the Corporation Counsel on the judicial side. So, there is enough work for this arborist and we are saving money by getting a certified arborist who is trained and is knowledgeable in this area, to where we can have more accurate information back so we can make better decisions in the future. Right now, we make decisions blindly and kind of baselining on how much money we might potentially need, but come to find out that w utilize all that money because we still needed to work on our process. So with this arborist, we will really give us a better idea of the bigger picture and with that, we can make better decisions. So Council Members, I hope you can support this arborist, a permanent arborist in the engineering department in Public Works. Thank you. CHR. KANUHA: Mr. Chung. Page 18 -42 June 1, 2016 MR. CHUNG: Yes, thank you again, Mr. Chairman. First of all, I credit Mr. Ilagan for his efforts in trying to get an arborist on board, or at least the should have an arborist or not. I think we can have an arborist through fiscal . But in subsequent years, responsibility of this body. And yes, the department, up until this point, has been using its inspectors, you though that we use people who are not qualified to do that kind of stuff all these years, but be that as it may, there is some fiscal impact whereby our inspectors now supposed to be doing. But it would have been really helpful if we had some numbers relating to how much money we were spending on an arborist. If, for example, we were spending on professional contract services to the tune of $150,000 per year, then of course, salary is an awful lot of money and when you put all the perks and everything in going to be looking little bit more carefully in terms of the impact to our finances. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Ms. Poindexter. MS. POINDEXTER you know, if we go to contract services, then the other departments have to use their own contract money, cannot be used from anotheryou know, DPW cannot use the about because I have a lot of trees in my area that we definitely need to hire an into Lakeland area, that whole line of trees, I visited up there, people are so afraid those trees are going to come down fo been years, they want the trees down, Page 19 -42 June 1, 2016 pass. The bus already stops take that chance. So, there are a lot of work that an arboristI mean if we were to hire the arborist today to do contract on all of the things that we need to do, oh my God, we cannot afford it. So I think in house is the best thing thatand listening to our DPW, our But from what I know from my meantime, somebody may get killed and then guess what? How much money are we going to spend on a lawsuit? MS. ING: I agree and I think you make a really good point. Just to address some in-house would address the timeliness, so we would get rid of the delays and also, part of the idea would be the consistency in the determination. So if we have someone on staff, then we would have one person who would be making determinations across the board as far as unsafe flora. In addition, if we have to go to court, if we have an 89-day contract or temporary hire, then we may not have that same person on staff when the matter goes to court, which as you know, litigation can be time consuming. So, in a year or whatever it is down the road when we actually go to court, we want to make sure we have our available experts to be able to testify on our behalf. MS. POINDEXTER: Thank you. CHR. KANUHA MR. ONISHI: Thank you, Mr. Chair. You know, Ms. Ing, I had to kind of make not a justification becaus Rec and so forth, where we have professional people there and we have had situations where suits has been filed because of negligence. So, to use that that your office should be going back to the different departments and educate them more into like work orders being done on a timely basis. Things that are like dangerous should be roped off, right? So the public cannot go and get approval. So, And maybe yes, on the contractor part where maybe yeah, one year from now you folks might need someone or that same person to come in front of the court Page 20 -42 June 1, 2016 get that person back to testify or whatever, but you knowbut to use what you just said, I cannot agree upon that. Okay, thank you, Mr. Chair. CHR. KANUHA MR. PALEKA: I just made some eye contact with our Director from Human Resourcesplease, if I could ask your (Note: At this time, the Director of Human Resources Sharon Toriano came forward to address the members of the Council.) MS. TORIANO: Good morning again, Chair and Council Members. MR. PALEKA: Good morning, Director Toriano. Just for functionality, organizational chart purposes, if we did hire an arboristI was looking at the would go into the departments, and the place at our tree trimmers in our Parks and Rec Department that is qualified to cut trees descriptions? MS. TORIANO: Yes. MR. PALEKA: Okay. In the Public Works department, our Equipment , those that operate the boom trucks and some of our laborers have the trim trimming functions, correct? MS. TORIANO: They perform some of it, yes. MR. PALEKA: They perform some of it. Okay, so I would see the arborist as making a determination on the tree and then he it would go to Public Works to the positions that could actually do the tree trimming? Maybe. MS. TORIANO, but initially received the call, it was primarily about the disease and so I understood that besides albizia, we have other challenges on the horizon. Our office, very much like you have pointed out, sat there and had to consider the scope of work to be performed. Nobody seem to dispute an arborist is necessary and appropriate, but where it resides has been a question mark and a discussion. contract if you would like to do that. Page 21 -42 June 1, 2016 this point, but what I do know is the money that has been considered for funding of this position rest with DPW, has no problems MR. PALEKA: And just to clarify that part, if it were Parks and Recif it does go to, no what matter department, could that person also be utilized for other MS. TORIANO: Collaboration is a mandate under this administration. I share with Councilman Onishi the history and sometimes how things might go awry. going to do the work, but if we have the manpower as resources to do the work and stop making the employee the issue. MR. PALEKA: Thank you. CHR. KANUHA: Thank you, Mr. Paleka. Still on the second round, Council Members. Mr. Chung, go right ahead. MR. CHUNG: Thank you, and thank you, Jennifer. You executive sessions, which I think I can disclose what I said, you know, Jennifer is a marvelous writer. persuasive. But, you know, one thing I can agree with Jennifer on is that it would too, to avoid any problems later on. But you know, if you were to contract out, because it seems like we have a lot of small time arborists all throughout the island, and then maybe those people could actually be more in tune with you while that guides us i an expert in the area? MS. ING: Well I think, to address the first part, as far as consistency, the statements I made are considerations as far as whether we were to do an 89-day contract versus a permanent position. And like everyone has indicated, we do As far as the expert testimony, I think what I was referring to was as far as going to court, you know, they would assist us in educating the court or whatever finder the dangerousness or eminent danger that some of these trees present, and the reasons why the County is looking to enforce the Code. Page 22 -42 June 1, 2016 MR. CHUNG: MS. ING: Potentially. MR. CHUNG you said those things, I started thinking you know, there might be, you know, something to it. But I just think this is too much money. Where did we come up with this $80,000 any way? MS. ING MR. CHUNG: Can it be like $50,000? Because I anticipate this position getting a lot of overtime too. Is that the going rate for an arborist? How many arborists mean really, who might apply for this job? MS. TORIANO: This position would be a civil service position. MR. CHUNG: Right. MS. TORIANO: An arborist is established in another jurisdiction, so when you look at what that position is priced at and the salary range, I believe it was the reservation on what the max would be and then adding the benefits. MR. CHUNG that there are enough votes to support this, and I have no problem with it. As I said, I embrace the idea of having an arborist or services of an arborist and you to continue sticking with a no vote on this, you know, just to illustrate my concerns about our fiscal picture and what might happen going forward. But thank you, and even thank you, Greggor. CHR. KANUHA: Thank you, Mr. Chung. Mr. Ilagan, did you want to finish off positions made today. I personally think that an arborist is needed for this the future as separate from the department, something, you know, says that we we move forward with either tree cutting or tree planting, Honolulu has a big division that they, you know, have a lot of positions available rt your amendment, Mr. Ilagan. Mr. Paleka, briefly before we call for the vote. Page 23 -42 June 1, 2016 MR. PALEKA: Okay. Just a friendly amendment on the albizia, changing the to an CHR. KANUHA e MR. PALEKA clarification. Anyone wants to check? CHR. KANUHA MR. PALEKA: A few of the documents. CHR. KANUHA: On Communication 706.6? MR. PALEKA: Yeah, and even on the operation budget addendums that we have for Bill 155, Draft 2. CHR. KANUHA: So albizia needs to be spelled a-l- MR. PALEKA: i-z-i-a. CHR. KANUHA: i-z-i-a? MR. PALEKA: Correct. CHR. KANUHA Vote on Motion to Mr. Paleka moved to amend Bill 155, Draft 2 by changing Amend: izia. Seconded by (Approved) Mr. Ilagan and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA any more discussion on the main motion as amended. Mr. Clerk, can we do a roll call? Page 24 -42 June 1, 2016 Vote on Motion to: The motion to amend Bill 155, Draft 2 with the contents of (Amend) Comm. 706.6 was carried by the following roll call vote: (Approved) Ayes: Council Members David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha 7. Noes: Council Members Chung and Onishi 2. Absent: None. Excused: None. CHR. KANUHA: Thank you, motion passes. Council Members, now we are back on the main motion, Bill 155, Draft 2, as amended. Ms. Wille. MS. WILLE: Yeah, is the Director of R & D in Kona? (Note: At this time, Director of Research and Development John DeFries came forward to address the members of the Council.) MS. WILLE: If you would just introduce yourself and then I have got a few questions. MR. DEFRIES: John DeFries, Director of Research and Development. MS. WILLE: Okay, one question I had is whether, in terms of the articles and things going on with industrial hemp, as sort of possible addition here in terms of agriculture. I just wonder if you could just illuminate me or is that something that the County is looking at or supportive of? Anyway, just to help educate in terms MR. DEFRIES encouraging me to look at this more seriously, and I plan to do so. MS. WILLE: Okay, I will follow up further on that, but I just wanted to get some quarantine of our island with the Rapid Death. I keep wondering if we some kind of quarantine that we could be saying really want to protect the area Death and I feel it are coming in. I-island spread and not sort of, draw a fire break and just somehow say no one brings from the southern half of the island to the northern half of the island? I mean how can we maximize protection of the /Kohala area where we do not have this virus spreading currently? Page 25 -42 June 1, 2016 MR. DEFRIES: that and in my previous conversation with you a couple of weeks ago, frankly, you first sensitized me to the importance of doing so. I plan onI know that the Mayor has discussion ongoing with personnel at the State level and taking a more active control. I just spoke to him two days ago, but I think your idea of coming to explore how we go about doing that. MS. WILLE talking still could protect. In terms of sort of overall goals of R & D, I think looking at what is research and development and not just economic development. One of the issues that keeps coming up is, or concerns is really say, like with Roundup and the use of Roundup, and yet I know there are a number of studies sort of showing how much more expensive it is. And you know, I keep thinking, you know, here we are, if we do an integrated management program and try to eliminate where e areas where we still do need some spray and how to do it more economically, and I just wonder, you know, say looking at research and development, is there a way that we could look at sort of an alternative product? available from Georgia, which costs a great of citrus here. So I just want to throw that out, ask what kind of projects we do. I also, in terms of at NELHA (National En , that new Tech Incubator Program and have set aside one room sort of in hopes maybe the County would want to participate and be part of that. What can we do, sort of being on the cutting edge of innovation and making things happen here on this island? And not, you know, minimizing cost and where we do have a critical problem, say like Roundup but it wouldfor us to just eliminate it would clearly be of high expense. If you have any comment or MR. DEFRIES, Glenn Sako, but I think the idea of doing test beds with some circles are calling nature-based and in listening to some of the testimony even earlier today, there were references to could do some testing to see if this is an effective approach worth considering in the future. MS. WILLE: Okay, and one other thing on invasive species, there have been a great deal of concern in Waimea lately and also North Kohala that were sort of, you know, the coqui frog isthere is a massive invasion going on in our area and Page 26 -42 June 1, 2016 department of ag and trying to get that truck fixed, the spray truck, or point me in the Kohala Center, they have a change in compromised, but now they have a person there. So, if you to go in. MR. DEFRIES make the inquiry. Trying to contain coqui is like putting the genie back in the bottle, but I certainly understand the concerns of the north side of the island. MS. WILLE: Okay, thank you, I yield. CHR. KANUHAMr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I just want to make a comment to Directory DeFries. Director Warren Lee has actually been doing a lot of, I guess you could say testing, because he showed me some pictures of some lots that were used regarding Avenger, also Roundup. I just want to mention this to you just because you can definitely reach out to Public Works and find out what they onestly believe that have to go any more. machine that boils the water to such a high temperature that it fries the weeds. So I told our Director to check that alternative to see if it would work. But, I just want to let you know Public Works has been looking into it and they showed me some examples of what Avenger can do and also what Roundup can do, and it looks like Roundup is definitely way more effective than Avenger and takes a lot , and good MR. DEFRIES Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Council Members, any other discussion before I go back to Ms. Wille? Okay, turn on your microphone, Ms. Wille. MS. WILLE: I had asked Clayton Honma to be here but he said he had other appointments. He communicated a few things to me that he wanted to respond to So, I didI will take a moment just to clarify since he could not be here. He did say that there will be no more cutting of the trees in North Kohala and I will be following that Page 27 -42 June 1, 2016 up withI have a meeting with him in terms of the skate park on the ninth. But just to allay the fears of people in North Kohala, at this point, the plan to cut further more of the trees at Kamehameha Park has now been scratched. I also, in terms ofthere was testimony today about Waimea Trails and Greenways. Fran Tabor spoke and her concern about the park and she lives rightthe parcel that she purchased in the subdivision is right along that trail and there have been negotiations to move that section of the trail over and not be right along her borders. So I did want to mention that. One program that I had pushed quite a while ago was the Food Truck Program, and I know when I Bob Fitzgerald was there that really that made more sense to work on it first at the old airport in Kona. something that I support. I alsothe number of(Capital Improvement Project) that relate to the Parks and Rec that are important and I will discuss those when that comes up. I do think sort of working at one time, way back when we started this term, you know, of concern in terms of where sort of the maintenance projects and, you know, that more ribbons and that we really need to focus on that maintenance. I thinkI had looked at what sort of our island-wide vision here and maintenance , and that we need, and I think he was recegot so many projects He did also, I think I believe confirmed to me that the project for Kanu, for the gymnasium and the County assistance on that is going to be moving forward, even though it would not be completed necessarily by the end of this administration. So, on time here. Can I go on? Okay, Bobby Jean, if you could come up. (Note: At this time, Director of Environmental Management Bobby Jean Leithead-Todd came forward to address the members of the Council.) MS. WILLE: the vehicles being abandoned. I did see in the paper that ve got those contracts signed so this problem is more resolved and not needing to really Page 28 -42 June 1, 2016 MS. LEITHEAD-TODD: Aloha, Bobby Jean Leithead-Todd, Director of Environmental Management. I want to say we actually closed the bids on that back in March, but it takes time to get contracts signed and awarded. MS. WILLE: Okay, in terms of education like brochures and getting out like say the multithe blue bins or whatI have a lot of people inquiring, you know, whatthis multiple recycling bin and what can be put in there. Do we have any brochures or flyers? I just happened to see the ones thatthey got some good ones over on end up having to spend the money and all of that ends up going back to the landfill really aware. MS. LEITHEAD-TODD: We have signs and brochures and we also have have less than about 15 percent contamination, which is considered very good considering this is a bin where the public is providing the recyclables. So, it seems like the program is working fairly well. MS. WILLE: I know that you recently put in the new bin in Waimea, green waste and , you know, those? MS. LEITHEAD-TODD we movand so at the same time, monitoring other elements of the transfer station. The guys who the best we can. W t as quickly as we would like. MS. WILLE: My thought is really since we have thisJuly 2018 to really get our green waste a little more coordination and get a higher percentage of our green waste going. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you. Page 29 -42 June 1, 2016 CHR. KANUHA: And then I can get back to Ms. Wille if she has any more questions. MS. LEITHEAD-TODD: I was just going to add that, because you did bring it up Rapid Death, which we will be putting up at our transfer stations about transporting and trying to keep it out of the green waste. Just basically trying to educate people in the place where we most likely to interact with them, which is our transfer stations. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you. My comments are not specifically for Bobby Jean but ce having chaired this Finance Committee. Through the process, what I really learned, besides the process has allowed for a lot of public input and back and forth conversation so that the Mayor and the administration had been able to make some changes between draft one and draft two that we see reflected. I know this is a kind of a status quo budget, so not too much has been added to the operating budget besides to account for some needed salary and wages adjustments. However, there have been some individual concerns that I think I might have to wait to speak about in the capital project budget, and just the responsiveness of the administration, the work of the Council, I think to understand the process and to contribute to it. This collaboration, I think is, in our County, has been a positive experience and moves the County forward in ways that the community been a part of. So in general, I just wanted to say that ncil Members, as well as the administration and staff who prepared all of the documents so we can stay organized. Thank you very much. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Chung. MR. CHUNG: Thank you very much again, Chairman, and thank you to our Finance Chair for leading this entire process. It was very helpful. Yeah, I was just wondering, we have this gentleman here who you know, testified about, I think it was a position in Mass Transit and just wondering if anybody can address that issue. I MS. WILLE: I did ask that she be present. MR. CHUNG on the vote. Page 30 -42 June 1, 2016 CHR. KANUHA I know we heard from a testifier, but is there any specific question that you had? MR. CHUNG: I just wanted to at least have the administration follow up on or address what was brought up by this gentleman. He might have a very good point really hard for me to tell at this point. Thank you. CHR. KANUHA MS. WILLE: We got more to go, so CHR. KANUHA: I know. Okay. MS. WILLE: And maybe someone could call her and let her know that CHR. KANUHA: Okay, maybe Earlanne, we can get Tiffany here to address some questions. Mr. Chung, did you have anything more? You still have the floor. Okay, Council Members, I guess we can still continue discussion and debate before I give it back to Ms. Wille. Ms. Poindexter. MS. POINDEXTER: sion as going on in our County. I think the last time we were doing the, you know, when the Mayor appoints and we were doing the confirmation, I think there were a lot of questions or concerns about mass transit, yet the commissioners are not able to So, looking atI think at the time too, that when we did do the confirmations, we did say that we should look at, you know, broadening up their scope of services so that they can be more involved with the mass transit. I think that was more of his concerns versus just the appointment on a, or funding of a position. Right? So as he nods his head yes. So anyway, I just wanted to clear that part up, about the I know that when I had personally met with him, those were the this as well. Thank you. CHR. KANUHA: Mr. Chung, did you want to follow up on that point? MR. CHUNG: Yeah and I wanted to thank Ms. Poindexter for bringing that up. You know, I had that in the back of my mind but, you know, I was really looking at the position aspect because that relates to the budget. That other point, which is Page 31 -42 June 1, 2016 quite important as well, I think has to do with legislation later on. The last time we had members of that Mass Transit Commission come up, it was actually right after a newspaper article. I think some statements were made in that article about how the commission had become a rubber stamp and you know, it really deals with the constraints of that commission and maybe we should be putting more should look at from a policy making legislative standpoint. But thank you very much for bringing that up and thank you, too for are you on the commission? Former commission? Okay. All right, thank you very much. CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka. MR. PALEKA: Yes, the testifier did bring up some good concerns regarding the commission, if I can address the commission. Now, we have currently, I believe, seven members on the commission because during that time, the commission had a hard time getting quorum. No? How many? Could you come up? (Note: At this time, Neil Herbert come forward to address the members of the Council.) MR. PALEKA: And please, your name for the record. MR. HERBERT: Neil Herbert. As you know, there were a lot of vacancies and the commission has been dormant because of the lack of quorum. There were like four new faces that were put in there which brought up the total to seven. But before the first meeting since the quorum was available, which was yesterday, Paul Maddox, who was on the commission resigned because he got tired of waiting like he wants to do not doing it, and so he was not at the meeting yesterday. There was no mention about him not being there, so there really are six right now. MR. PALEKA: Okay, because I met with two of the members yesterday. CHR. KANUHAs. Recess: At 11:46 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:52 a.m. CHR. KANUHA: We are now coming out of recess and moving on with . So, if you want to continue with your questioning, go right ahead. Page 32 -42 June 1, 2016 MR. PALEKA: I know Mr. Herbert brought up concerns regarding the transportation commission, so Section 18-5, the commission may serve as an advisory body to the mass transit agency, and upon request of mayor or council, advise on other transportation- related matters. So, we can have a good part in what the tasks become in terms of the commission and as well as the mayor, as well as the commission itself, so believe that they should serve as an advisory and take a more active role, especially now since we got our Mass Transit coming up. I think it would be a good sounding board and individualsTransportation concern o convey that to the current Chair. Going forward with the commission, any other majorI know Mr. Herbert would probably like to share on the feasibility of the commission as a whole. If you want to explain more on that and then I guess I could respond. Please, Mr. Herbert. CHR. KANUHA: And try to relate it to our budget. MR. HERBERT, it was that if a review, which I would hope to be, at least the initial discussion , given what it actually does, pragmatically does on a daily basis is really necessary. Then the ost full-time, supporting the commission, can be used to fill a responsibility that they requested in the budget. I did it. Now whether the commission should be dissolved er and I feel should be strongly reviewed, a study should be made, and see if the intended purposes of the Code and the original intent for this committee are still being served the way it efficient and cost effective. Al s of doing further study, get the facts out and not opinions. Have people come in and testify how they feel about their past services taken, should be an open, transparent process Page 33 -42 June 1, 2016 But my input was based on the assumption that if the commission was not position, so MR. PALEKA: Thank you, Mr. Herbert. So, regarding that position on the Clerk Point of Order: MS. WILLE: Point of order. going to be coming, we called her. I forward so I could question the Directors who are here that I asked, and then when Tiffany comes, then go back to this issue so that she gets to hear our discussion? CHR. KANUHA: Thank you for your point of order. Mr. Paleka, you still have the floor. MR. PALEKA: Thank you. Human Resources I think have offered their manao on the position since it has to go through her office. (Note: At this time, Director of Human Resources Sharon Toriano came forward to address the members of the Council.) MS. TORIANO: Good afternoon now. MR. PALEKA: Good afternoon. CHR. KANUHA: Thank you, Mr. Paleka, you still have the floor. MR. PALEKA: Yes, regarding that position in Mass Transit. Feasibility or any remarks? MS. TORIANO: My only remark for the Mass Transit position and adding one more position to a relatively small department, Mass Transit certainly can use all the help and this is an area that again, departments collaborated, Mass Transit, HR, Finance. A we support it. MR. PALEKA: Okay Director, I did go and visit with Tiffany because I was concerned about some side matters that was regarding the safe keeping of monies collected. So I saw the mitigation of beefing up the security within the facility informed. Am I correct? Page 34 -42 June 1, 2016 MS. SAKO s a full-time job, so we need the new position to help with MR. PALEKA: commission review in helping to make that determination and have another eye to that, right on. And thank you for collaborating becaus supposed to do. Mahalo. CHR. KANUHA: Thank you, Mr. Paleka. Ms. Wille. MS. WILLE going to ask you a question. Sharon, I know you gave me a one-on-one lesson in salaries and sort of positions and civil service and unions and included and basically, this all stretched from one of the questions of where we have people in, say Civil Defense, where we have people that are in management positions, basically salaried, very high-salaried positions, and yet they are being given the benefits package of the equivalent of the people that are basically down on the lowersay my staff, you know, earning $37,000 to $40,000. the night time advantage. Just all of those additional benefits where we already someonepeople that are in a high-level salary positionsI mean just when I heard earlier speaking that maybe the benefits package is often 47 percent giving them another 47 percent and high numbers in overtime. I just never realized that those positions were clocking in overtime, and it came up in the newspaper and people asking me. So, if I wanted to change that and propose how that would be changed, if you could quadrant you made for me. Civil service non-exempt, exempt, public employees union included, excluded, and then we have salary commission, we have executive order 158. I mean this is obviously lots of money and just howbut at that I assume are non-union and -paying, basically I can call them top-level management, and administrative personnel, including department heads, deputies, directors of agencies, et cetera. Those are the ones under executive order 158, is that correct? Am I correct in , . Page 35 -42 June 1, 2016 And then just giving that huge package of benefits over to people that are on, in my mind, the equivalentas Bobby Jean or you know, a Director position which arein other words, they get a high salary but getting at? MS. TORIANO was probably an hour and half meeting that I had with Council Member Wille, and she had excellent questions. Broadly, as far as compensation, we are all group that I believe I hear you talking about and perhaps wanting to amend their change, are those not covered under collective bargaining and we consider those to be excluded. The statute, 89C- presently limited or fixed by legislative action, or prescribed by a salary commission, shall not be adjusted under this chapter and shall continue to be limited or fixed by the long ago, this Council approved the salary ordinance and within the salary ordinance, there is a list of position, by through legislative action, you fund the salaries. The other group, which I believe you alluded to, was the appointed, exempt staff which is typically your Directors, their Deputies. This group, salary is set by the the group that compensation skills on the EM, under the statute, 89C- service employees result in compensation and benefit packages that are at least equal to the compensation and benefit packages provided under collective I had mentioned to Council Member Wille that we are being taken to task currently, for benefits, the operation definition? And so, currently, under the authority of our Mayor, he writes an executive order which tells us the benefits that are afforded to MS. WILLE: So, as I understand it, the statute refers to the compensation and benefitor civil service employees is basically geared to those in sort of more lower level, not lower compensation positions. Page 36 -42 June 1, 2016 MS. TORIANO: Another way to phrase that are the benefits that are afforded to our collectd managerial. MS. WILLE law or whatever where we are now, having very high paid managerial positions who are receiving, you know, a benefits package that I see the unions were negotiating for the non- managerial, lower paying employees. And again, I just go back, if we gotten our TAT (Transient Accommodation Tax), if we gotten this, that, and the other, that paid as part-time employees and you k pension after four terms, or whatever, or health benefits. I just seeat just looking at that, I think that I would not, you know, an area that I consider myself well-, but I have red flags and question marks, and I can follow up more later, if others have (Note: At this time, Director of Information Technology (IT) Don Jacobs came forward to address the members of the Council.) CHR. KANUHA: Council Members, is that okay? MS. WILLE: Don, I just want toyou know, appreciate your efforts sort of going beyond the scope of working on IT and our internal networks which are coming along. And in working with you, I think we pursued a number of issues that would make how we can piggy back on what the County can do and find more opportunities to increaseupgrade the broad band. I mean by broad ban, really high speed broad band more to the public and make this island more And I just thought if you might make a couple of comments and including the one program that you identified for me that would be particularly beneficial to my Hawaiian Tel that will potentially increase the broadband speed for those who are -on-one level of IT. MR. JACOBS: Understood. This is Don Jacobs, Information Technology kind of challenged on this island because of our geography and out population Page 37 -42 June 1, 2016 ct America phase two of that at this point in time. Phase one was in Orchidland and some small places in, I believe, Ocean View. Phase two covers the areas that Margaret was talkin MS. WILLE: And Kawaihae? MR. JACOBS is what they did in Orchidland is called fiber to the node, they bring fiber to a central box and then it expands the speed out through the existing copper network. (Digital Subscriber Line) ve three years to finish that in order to meet the qualifications for the funding that they received on that. In terms of leveraging, our side, on or form, is we can provide certain levels of internet access, wireless access at County maintained facilities. For example, gyms, pools, parks, that sort of thing. A (Department of Commerce and Consumer Affairs), to try and get additional help from them to probably take a couple of years to get what we want to do, together to try to light up maybe six to twelve different locations in the next fiscal the County employees that are based in those locations. MS. WILLE got more CHR. KANUHA: Okay, Council Members, any other? Mr. Paleka. MR. PALEKA: Director Toriano, I wanted to address a little bit about overtime concerns. Okay, so overtime is decided by MS. TORIANO: Each department is responsible for their overtime. MR. PALEKA: And ultimately, who makes that determination? Page 38 -42 June 1, 2016 MS. TORIANO MR. PALEKA: Thank you. Right, because they sign the form that okays the compensation that you receive for, like us, DPS (Department of Public Safety) sevens, being a little bit familiar with our forms. So ultimately, the Directors, if they had concerns regarding overtime, they could take action, correct? MS. TORIANO: Absolutely, and they do. MR. PALEKA: And they do. MS. TORIANO: Can I just add? MR. PALEKA: Please. MS. TORIANO: , your personnel at the highest levels take great pride and responsibility and probably not MR. PALEKA: I have to agree with you on that matter. The concern comes from the perception, I think and in regards to perception, I think we have to put it into context. Now, at the time in 2014 going into 2015, we had a lot of overtime, I believe for the emergency work that was taking place. So, I can see the justification, not only the explanation as to why the overtime increased. Now, if we do have concerns about certain departments, that if there is a need for review, ources has stated, they do review because if it was my desk, I have to sign off because those payments have to come before my desk. So, I think the review process is there, can be done, and is being done currently. So I know the mechanisms are there, I m with them through the unions and seen them here. So, anything else you would like to add, Director? MS. TORIANO: No, but I look forward to continuing the discussion with MR. PALEKA: Thank you. MS. TORIANO: Thank you. CHR. KANUHA: Thank you, Council Members, any other discussion on the main bill? One last time, Ms. Wille. MS. WILLE: Well, Page 39 -42 June 1, 2016 CHR. KANUHA: MS. WILLE: Okay, I want to first mention one thing with regard to Bobby Jean, who had to leave and I had one other question or one point I wanted to raise. That had to do with looking sort of the future of Environmental Management and term of actually and So, we do have thein 2018, in a couple of years, coming but we really need to be also looking at what is our other solutions or what direction we go and what the options are. So I am going to be working on that and bringing something forward but I want toI felt it was important just the immediacy that we not just wait another administration, we wait another couple of years and then sud more resource management of our recyclables? Do we do something where we justthe reality is that adding the green waste is likely not going to solve have an opportunity to really speak on it so I wanted to mention that. I did ask the Directorfor the Police Chief Kubojiri to be here, and he obviously . I want to mention a couple of things and that one on the Humane Society that came up. We had a lot of testimony on that and I handed . As you reca was a great deal of concern among the animal advocates that the contract between the County and the Humane Society made it, in terms of the section on specifications and performance, sort of encourage euthanasia, and that section has been revised. What I handed out to the Council and I have the communication number, it little changes that are going to be made grammar wise or something, but that change has been made. So, I feel good in terms of the testimony. I met with Donna Whitaker last week and I met with the week before to go to lunch, but I just want towe took our f already having to munch on I was going to aska program called the Cops Hiring P on page 238 of our book and I would have asked about that. It would enable us to bring in a number of more police officers. Also, one thing that would help Donni and my office, we sort of kick started, is the Coffee with a Cop Program. I just Page 40 -42 June 1, 2016 different places like Starbucks in Waimea or wherever and then have informal discussions and people come in with their questions. So, I would encourage you I also had a number of questions in terms of the Planning Director and one of the key ones for my constituents is are twowhere they can meet on a monthly basis, and a great deal of concern in that area. knowlue file from Ruth Smith discussing this. I would encourage you to read that. I am concerned, in terms of some of these advisory committees that are under them. For example, we have an Exceptional Tree Committee. Not one person has ever been appointe very active group on other islands and they really do a great deal in terms of getting shut out or not. I can obviously askso a number of the Directors that I asked to be here are not to what extent CHR. KANUHA: Just summarize, Ms. Wille, please. MS. WILLEt in terms of our budget and just in terms of theour Finance Department you know, and our Council. I know last budget season, I had asked could we have someone come in and help us more on a big picture level of finances and we have not done that. I know know, I keep looking at how we can fill in loopholes and how we can do different things and make it a fairer system and make more funding available. But also, right now, we have a $40,000 reduction in valuation for homeowners Point of Order: MR. ILAGAN: Point of order, Mr. Chair. CHR. KANUHA: Can you state your point of order, Mr. Ilagan? MR. ILAGAN: Council Member Wille is going way too long. MS. WILLE CHR. KANUHAou. Page 41 -42 June 1, 2016 MS. WILLEI mean I really think that we have more to discuss in terms of our finances going further and not of bills, resolutions, or communications. Thank you. CHR. KANUHA: Thank you, Ms. Wille. Okay Council Members, any other t had a turn to speak yet before we go for the vote? Mr. Chung. MR. CHUNG: Are we waiting for somebody from Mass Transit? CHR. KANUHA: Oh, yeah, thanks for reminding me. We do have Tiffany, Point of Order: MS. WILLE: Point of order, I was just filling in for the break. CHR. KANUHA: There we go. I knew somebody said she was here. few questions about certain positions and we want to keep on that track. We , you know, the commission as a whole, that can be a totally different discussion for today. But today, we want to just focus on a concern that testimony brought up about the position, and you know, the I never said it clearly, Council Members, but if you could introduce yourself. (Note: At this time, Mass Transit Administrator Tiffany Kai came forward to address the members of the Council.) MS. KAI: Tiffany Kai, Mass Transit Administrator. Good morning. So, in regard to the Account Clerk that we are requesting, is to help improve Mass Transit internal controls, you know, with our accounting, bus fares, and so forth. CHR. KANUHA: Thank you. Council Members, on that specificMs. Wille. MS. WILLE: I see you looking the other way, Chair. CHR. KANUHA: Ms. Wille, really quickly. MS. WILLE: Yeah, I mean I have a question just in terms of that position and I support it. I know, just in terms of the things in my district, and I keep pushing on an island-wide mass transit project. You know, I do think, in terms of just general statement on the commissions, you know, we need to either use them or lose Page 42 -42 June 1, 2016 gettingag advisory. I available for the past year and a half. You know, this is where the citizens really come in as in this Mass Transit Commission and want to be respected. I think there is a concern on say the Mass Transit Commission as well as I would em, or the CDP committees. T one on the hot seat on this because there was testimony in terms of the Mass Transit Commission. And maybe you could just sort of give us a little of what your vision is for that commission going forward. MS. KAI: really, interested in owning their own business or operating a taxi cab business. So, what happens is if someone was interested in applying for a taxi cab license, they would come into our office and go through the documents. From there, we would set up a meeting with the commission and the commission would then review applicant. I would say 99.9 percent of the time, applications are approved and not make recommendations to the mass transit administrator on transportation issues. MS. WILLE not really going to maximize the use, maybe that could just bewe could shift it around so that the taxi cabs are approved by the Director or some other way and utilizingyou , and work through the mass transit consultant. I mean theI know in my district, they really want to be involved in that and not necessarily having this other commission. Again, I strongly supportthis is the way we get people participating in if we can do things in other ways and notI feel bad where we have a commissioner who got tired of waiting, which they all say yes, sort of a proforma thing, is not a full utilization. So, I think that, you know, we ought towe had very good testimony from a former member of the commission and you know, really think about is this the best use of your time and their time or perhaps we ought to restructure this. MR. ONISHI: Mr. Chair? CHR. KANUHA: Mr. Chung. Page 43 -42 June 1, 2016 MR. CHUNG: Are you through? MS. WILLE MR. CHUNG ahead with this budget as well as this Account Clerk, but since this gentleman took the time and he has been here all morning, I wanted to ask a question. You used the phrase, and Deanna used the phrase as well, you guys needed it for internal controls, yeah? Deanna also said things are going on over there. Do you want to elaborate or is it just normal business? Why do you guys need more internal controls? MS. KAI: As far as internal controls, we just wanted to improve our normal process that we have in regards to bus fares and improving our system with reconciliation of the bus fares coming in and breaking them down even more specific by routes and by districts. MR. CHUNGI mean over the years, you guys have ? MS. KAI: Well, we have had a couple of incidents but basically, you know, looking at our data and the information we try to receive and what we can community, we thought that it would be time to have a better internal control where we could break down the fare revenues by districts and by routes. MR. CHUNGtotal revenue anyway that we get from ridership, off the top of your head? MS. KAI MR. CHUNG: Not bad, no? MS. KAI: Yes. MR. CHUNG: So this is definitely worth the MS. KAI: Correct. Yes. MR. CHUNG: Okay, thank you, Tiffany. MS. KAI CHR. KANUHA: Any Council Members before I go for the vote? Mr. Paleka. Page 44 -42 June 1, 2016 MR. PALEKA: No, just a reiteration. So, in regard to the Mass Transit Commission, do you see a more active role from our current commission? MS. KAI: Actually, we do, you knowfor a while, filling each seat. Now we do. When we did sit down with the new commission members a couple of months ago when we got them sworn in and this and that, and did their oath. We kind of explained to them that, you know, what their roles were, but we wanted to take a different approach and have more participation from the commission in providing recommendations and suggestions to Mass Transit on how we can improve our overall system, rather than them just doing the taxi cabs. MR. PALEKA: Okay. MS. KAI: They were pretty excited about that and onboard on that. MR. PALEKAin fact, I met active role, especially with our Mass Transit Master Plan coming up. implemented and the concerns that you guys have. I would suggest or recommend my colleagues go down one day and check it out. I know Fresh is familiar with the Schultz Siding building, give them credit just performing their functions in that area. But, I am confident that position is well needed and I understand, and Director, if you want to highlight anything else regarding that position that you think is necessary, since we are going to consider on this budget, please go ahead. MS. KAI: All I can say is that with the additional position, it would tremendously moving forward. Thank you. CHR. KANUHA: Thank you. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I was hesitant to even speak, but since everybody is going off subject on the budget, I do want to point out I am in support of your Account Clerk, but I do want to ask some questions regarding the commission. One, is MR. ONISHI: Mr. Chair, can you bring back everybody to what the subject is? CHR. KANUHA: Okay. Page 45 -42 June 1, 2016 MR. ILAGAN: Everybody had a chance. MR. ONISHI: I know, but CHR. KANUHA: Okay, thank you, Mr. Onishi. MR. ONISHI CHR. KANUHA: I know. This budget is huge, it covers the entire operations of . I did want to reign it back in because I know we did give a lot of leeway to that, so Mr. Ilagan, if you can just continue. MR. ILAGAN: I wa and I have to ask, would the commissionare they allowed to reinvestigate a MS. KAI receive a complaint from perhaps a member of the public, or another taxi cab operator, we would do our own internal investigation within Mass Transit. And it depends on the severity of the complaint, I would say, but we could also bring that up to the commission for review as well. You know, sometimes there might be appeals and with that, the commission would also look at that as well and go through the process. MR. ILAGAN: Okay, and the reason why I bring that up is because there were some comments made that 99.9 percent were just approved through this commission and right there, to me, triggers a broken system, just because of the at. Y taxi system to where is it running properly? Because when Point of Order: MR. CHUNG: I really do apologize for interrupting but you know, I stated earlier that I purposely stayed away from the legislative aspects relating to the stayed on topic with regard to the budget. MR. ILAGAN open it up, but I just want to make that comment because other Council Members were mentioning it. CHR. KANUHA: Thank you for your point of order, Mr. Chung. MR. ILAGAN: I just want to say my final two sentences is that before looking into the Page 46 -42 June 1, 2016 the commission is focused on. Fix what their responsibility is before moving into Account Clerk. MS. KAI: Thank you. CHR. KANUHA: Okay, thank you, Mr. Ilagan. I will cut off debate at this time. I think we had ample time to talk about everything in this budget. We had budget reviews for every department. This is our third time hearing this particular budget, Bill 155. So, mahalo Council Members for your patience and I really do want to give a lot of kudos to the administration for working with us on getting this budget done, and I think 2016/2017 for So, saying that, I will go to the vote and we are voting on Bill 155, Draft two as amended, Council Members, okay? May I take a roll call, Mr. Clerk? Vote on Bill 155: The motion to pass Bill 155, as amended to Draft 3, on (Draft 3) second and final reading was carried by the following roll (Adopted) call vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Thank you. Bill 155 as amended to Draft 3 passes second and final reading. Awesome. Okay, Council Members, do you want to go straight MR. ONISHI: Mr. Chair, planned meeting. CHR. KANUHA: Okay, I think we can get it done before then. MR. ONISHI: Okay. CHR. KANUHA: Thanks, Mr. Onishi. Mr. Clerk, please read in the capital budget Bill 156, Draft three. Page 47 -42 June 1, 2016 Bill 156 RELATES TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR (Draft 3): THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Proposed Capital Budget for fiscal year ending June 30, 2017, includes 87 projects requiring a total appropriation of $207.919 million. Reference: Comm. 707.15 Intr. by: Ms. Eoff First Reading: May 18, 2016 Motion to Approve: Ms. Eoff moved to pass Bill 156, Draft 3 on second and final reading. Seconded by Ms. David. CHR. KANUHA: Any discussion on draft three before we start on the amendments? And we can always have discussion after the amendments go through. Okay, Mr. Clerk, please read in the first amendment, Communication 707.16. Comm. 707.16 From Council Member Greggor Ilagan, dated May 20, 2016, transmitting (Memo. No. 1): proposed amendments to add the Hawaiian Paradise Park District Park project in the amount of $5.5 million. Motion to Amend: Mr. Ilagan moved to amend Bill 156, Draft 3 with the contents of Comm. 707.16. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I just want to say I hope you take my lead on this, Council Member Wille, but I just want to make a small statement. This is a CIP for a park in HPP (Hawaiian Paradise Park) and I hope you would support this CIP. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Council Members, any other discussion? Okay, hearing or seeing none, all in favor of the motion to amend say Vote on Motion to The motion to amend Bill 156, Draft 3, with the contents of Amend: Comm. 707.16 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. Page 48 -42 June 1, 2016 CHR. KANUHA: Motion passes. Mr. Clerk, Communication 707.17. Comm. 707.17 From Council Member Margaret Wille, dated May 23, 2016, transmitting (Memo. No. 2): proposed amendments to add the Waimea District Park project in the amount of $5 million. ; and Motion to Amend: Ms. Wille moved to amend Bill 156, Draft 3, with the contents of Comm. 707.17. Seconded by Ms. Poindexter. CHR. KANUHA: Ms. Wille, go right ahead. MS. WILLEisI have reviewed this with Director Honma and as you may be aware, our park, which was planned for the community back in 1989/1990, is just coming and much less of what was intended to be included in this phase one is included. So, this would move the project further. I do want to add that I have included the purchase of the additional land and trying to holdmake sure that we hold that so as Parker Ranch proceeds with its strategic plan, it knows that we are intent upon acquiring that additional land. So, I urge your approval. CHR. KANUHA: Thank you, Ms. Wille. Council Members, any other discussion on the amendment? Hearing or seeing none, all in favor of the motion Vote on Motion to The motion to amend Bill 156, Draft 3 with the contents of Amend: Comm. 707.17 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Mr. Clerk, Communication 707-18. Comm. 707.18 From Council Member Margaret Wille, dated May 24, 2016, transmitting (Memo. No. 3): proposed amendments to re- f $7 million. ; and Page 49 -42 June 1, 2016 Motion to Amend: Ms. Wille moved to amend Bill 156, Draft 3 with the contents of Comm. 707.18. Seconded by Ms. Poindexter. CHR. KANUHA: Ms. Wille. MS. WILLE: And again, this is a funding, a CIP that would otherwise lapse and wanting to move that forward. There are still concerns about actually how and the construction, but this is something where we actually have potential federal funding and need to move forward. I urge your support. CHR. KANUHA: Thank you, Ms. Wille. Mr. Paleka. MR. PALEKA concerns regarding the water way. So, as we move forward, we have to pay attention to that, but at this point, I certainly will support looking at that. CHR. KANUHA: Thank you, Mr. Paleka. Ms. Wille. MS. WILLE: Can I make a quick comment? So, we have been working with sort of amending the location and in a couple different spots was rightnot on give an additional three acres to move it out in one location. So, there are a Okay, thank you. CHR. KANUHA: Thank you, Ms. Wille. Council Members, any other discussion on 707.18? Okay, hearing or seeing none, all in favor of the motion to Vote on Motion to The motion to amend Bill 156, Draft 3 with the contents of Amend: Comm. 707.18 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, 707.19. Comm. 707.19 From Council Member Margaret Wille, dated May 24, 2016, transmitting (Memo. No. 4): proposed amendments to re- Mahukona Beach Park Renovation project in the amount of $2.5 million. Page 50 -42 June 1, 2016 Motion to Amend: Ms. Wille moved to amend Bill 156, Draft 3 with the contents of Comm. 707.19. Seconded by Mr. Onishi. CHR. KANUHA: Ms. Wille. MS. WILLE: Yeah, and this is for the Mahukona Park and Pavilion. There was $2 million set aside for repairs. I think a lot of the community thought that would idated, falling down, sewage issues, major problems, and itwhenat the last budget meeting, Director Honma said he did not envision, did not have this on his radar, and so I want to get this on his radar. The community is very anxious for this so I urge your support. CHR. KANUHA: Thank you, Ms. Wille. Council Members, any other discussion on this communication? Okay, hearing or seeing none, all in favor of Vote on Motion to The motion to amend Bill 156, Draft 3 with the contents of Amend: Comm. 707.19 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA are back on the main motion, Bill 156, Draft three as amended. Any discussion on the main motion before we vote? Okay, I think we can go. Mr. Clerk, roll call, please. Vote on Bill 156: The motion to pass Bill 156, as amended to Draft 4, on (Draft 4) second and final reading was carried by the following voice (Adopted) vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Thank you, Bill 156 as amended to draft four passes second and final reading. Thank you, guys. Thank you, Council. Thank you, administration. Page 51 Hawai`i County Council-42 June 1, 2016 ADJOURN There being no further business, at 12:46 p.m., Ms. Poindexter moved to adjourn MENT: the meeting. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: We are adjourned. FEB 072018 Council Approval: 1 '. I COUN " CLERK SM/jm Page 52