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HomeMy WebLinkAboutMIN FC 2018/11/01 2016-2018Committee on Finance 46th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 1, 2018 CALL TO The regular meeting of the Committee on Finance was called to order at 1:15 p.m., ORDER: in the Council Chambers, Hilo, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair Ms. Karen Eoff, Vice Chair Mr. Aaron S. Y. Chung, Member Mr. Dru Mamo Kanuha, Member Ms. Eileen O'Hara, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member Absent & Excused: Ms. Susan L. K. Lee Loy, Member Ms. Jennifer Ruggles, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Palikapu Dedman: (representing Pele Defense Fund) Terri L. Napeahi: Keikai Kamai: Res. 740-18 (Comm. 1147), in opposition. Res. 740-18 (Comm. 1147), in opposition. Res. 740-18 (Comm. 1147), in opposition. Patrick L. Kahawaiola`a: Res. 740-18 (Comm. 1147), comment. (representing Keaukaha Community Association) CHR. DAVID: At this time, I am going to close Statements from the Public and move on to Communications. FC -46 November 1, 2018 COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. CHR. DAVID: Mr. Clerk, Communication 14.45. Comm. 14.45: REPORT OF CHANGE ORDERS AUTHORIZED: SEPTEMBER 1 —15, 2018 From Finance Director Deanna Sako, dated October 3, 2018, transmitting the above report pursuant to Hawaii County Code Section 2-12.3. Vote on Comm. 14.45: Ms. Poindexter moved to close file on Comm. 14.45. Filed Seconded by Mr. Kanuha and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, O'Hara, Poindexter, Richards, and Chair David — 7. Noes: None. Absent: Committee Members Lee Loy and Ruggles — 2. Excused: None. CHR. DAVID: Mr. Clerk, Communication 15.41. Comm. 15.41: REPORT OF FUND TRANSFERS AUTHORIZED: JUNE 16 — 30, 2018 AND SEPTEMBER 16 — 30, 2018 From Controller Kay Oshiro, dated October 2, 2018. Vote on Comm. 15.41: Mr. Richards moved to close file on Comm. 15.41. Filed Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, O'Hara, Poindexter, Richards, and Chair David — 7. Noes: None. Absent: Committee Members Lee Loy and Ruggles — 2. Excused: None. CHR. DAVID: Mr. Clerk, Communication 69.8. Comm. 69.8: FIRST QUARTER CLAIMS REPORT: JULY 1 — SEPTEMBER 30, 2018 From Claims Investigator/Adjustor Clifford D. Victorine III, dated October 4, 2018, transmitting the above report pursuant to Section 2-9 of the Hawaii County Code. Page 2 FC -46 Vote on Comm. 69.8: Filed November 1, 2018 Ms. Poindexter moved to close file on Comm. 69.8. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, O'Hara, Poindexter, Richards, and Chair David – 7. Noes: None. Absent: Committee Members Lee Loy and Ruggles – 2. Excused: None. Comm. 377.5: FIRST QUARTER REPORT OF PERSONS EMPLOYED UNDER A CONTRACT FOR LESS THAN 90 DAYS: JULY 1 – SEPTEMBER 30, 2018 From Human Resources Director William V. Brilhante, Jr., dated October 1, 2018, transmitting the above report pursuant to Section 2-12.5 of the Hawaii County Code. Motion to Close File: Ms. Poindexter moved to close file on Comm. 377.5. Seconded by Mr. Richards. CHR. DAVID: Council Members, I believe we have Mr. Brilhante here, if anyone has any questions. Mr. Brilhante, can you please come forward? Thank you. (Note: At this time, Human Resources Director William V. Brilhante, Jr., came forward to address the members of the Committee.) CHR. DAVID: Mahalo. Identify yourself for the record. And, Mr. Richards, you can proceed. MR. BRILHANTE: Good afternoon. William Brilhante, Director of Human Resources. MR. RICHARDS: Thank you, Mr. Brilhante, for coming before us. Just again, these 89 -day contracts, are these soon to be—it looks they're mostly pau or soon to be pau. Is there going to be reauthorization on these contracts, or what's the status on those? MR. BRILHANTE: My understanding is each of these contracts are going through their first rotation. The requirement for 89 -day contracts is we afford one contract, and then we have to have a one -day break in service. Under the HRS (Hawai`i Revised Statutes), the departments are afforded a second 89 -day contract to an individual. But then that's where it terminates, at that point, moving forward. Page 3 FC -46 November 1, 2018 MR. RICHARDS: Okay, we'll have two 89 -day. Both of these—or all three of these will be reauthorized? MR. BRILHANTE: You know, again that's based on necessity. I don't know what the need from each department is. I'm sure I can inquire. These are, you know, one's with Public Works, the other one is with Department of Finance, and the third one is with Housing department. So if there's a request, I can inquire. MR. RICHARDS: Yeah, please see what they're going to do. MR. BRILHANTE: No problem. MR. RICHARDS: Okay, thank you. I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? No? Well, Director, thank you very much for being here. MR. BRILHANTE Thank you very much. Have a nice afternoon. CHR. DAVID: Thank you. You, too. Alright, all those in favor of filing Communication 377.5 please say "aye." Vote on Comm. 377.5: The motion to close file on Comm. 377.5 was carried Filed by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, O'Hara, Poindexter, Richards, and Chair David – 7. Noes: None. Absent: Committee Members Lee Loy and Ruggles – 2. Excused: None. CHR. DAVID: Mr. Clerk, last communication, Communication 1139. Comm. 1139: FUND BALANCE NOTIFICATION FOR JUNE 30, 2018 From Finance Director Deanna Sako, dated October 15, 2018, providing the above report pursuant to Section 2-12.4 of the Hawaii County Code. Motion to Close File: Ms. Poindexter moved to close file on Comm. 1139. Seconded by Ms. Eoff. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) Page 4 FC -46 November 1, 2018 CHR. DAVID: Any discussion? We have Finance Director Sako here. Director Sako, please? Mahalo. Identify yourself for the record. Mr. Kanuha, you can go first. MS. SAKO: Good afternoon. Deanna Sako, Director of Finance. MR. KANUHA: Hi, Deanna. Thank you, Madam Chair. Just can you explain? MS. SAKO: Sure. You know, each year we're required submit the fund balance to the County Council. This year our total fund balance ended up being a little over $27 million. There's $11.9 million, just under $12 million extra about, over and above what we budgeted for the current fiscal year, which is much better than the $88,000 we had last year, so we did make some improvement. Part of that is the departments really didn't have time to spend their entire budget. Pretty much everybody was focused on lava, during May and June, so that did kind of benefit us as well as the $12 million we got from the Governor's office, you know, to spend on the lava. We were able to utilize part of that for our match and some of the cost we had last fiscal year. CHR. DAVID: Thank you, Mr. Kanuha. Mr. Richards, go ahead. MR. RICHARDS: Thank you, Chair, and thanks, Deanna. So, just explain it to me. We have $11.8 million and then fund balance designated for future year, so are we holding the $11.9 million? Are we holding that? MS. SAKO: We are holding that. So as the letter says, you know, we plan to utilize that to help us balance the following year's budget. MR. RICHARDS: Okay. Alright. Thanks, I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, thank you, Director. All those in favor of filing Communication 1139 please say "aye." Vote on Comm. 1139: The motion to close file on Comm. 1139 was carried Filed by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, O'Hara, Poindexter, Richards, and Chair David — 7. Noes: None. Absent: Committee Members Lee Loy and Ruggles — 2. Excused: None. CHR. DAVID: Alright, Mr. Clerk, just go down the resolutions. Page 5 FC -46 November 1, 2018 ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 739-18: CREATES THREE WATER SAFETY OFFICER II POSITIONS FOR THE HAWAII FIRE DEPARTMENT Requests to establish three Water Safety Officer II positions based on an increase in the number of beach patrons at Hapuna Beach Park, to ensure the ongoing safety of visitors and lifeguards. These positions would be funded through a State grant. Reference: Comm. 1146 Intr. by: Ms. David (B/R) Motion to Approve: Ms. O'Hara moved to recommend adoption of Res. 739-18. Seconded by Ms. Eoff. CHR. DAVID: I believe we have Chief here. Council Members, any questions? Or, Chief, would you like to come up and just give us a brief summary of these positions and probably where they are going to be housed? (Note: At this time, Fire Chief Darren Rosario came forward to address the members of the Committee.) MR. ROSARIO: Good afternoon. Fire Chief Darren Rosario. CHR. DAVID: Aloha. MR. ROSARIO: Aloha. Basically, what we've been doing for the past, almost over a decade, is going out to the legislature to increase our coverage at Hapuna Beach as well as some other beaches along the Kona Coastline, specifically Kua Bay. This year we were successful to reach out to DLNR (Department of Natural Resources) to fund an additional three positions. We have always been short in positions at Hapuna. If anyone's been down there, we have three towers, of which only two is staffed regularly. Last fiscal year, we had over 830,000 attendees to the beach park. Our Water Safety Officers did 70,000 preventive actions, of which 65 were significant rescues, meaning impending life for critical injuries. Hapuna is one of the most known beaches for spinal injuries, so we're trying to make sure that our visitors and residents can enjoy our island without getting hurt. So just asking for you folks' support of this measure, and we look forward to properly staffing that beach park. CHR. DAVID: Thank you, Chief. Mr. Richards and then Ms. Eoff. Page 6 FC -46 November 1, 2018 MR. RICHARDS: Yeah, thank you, Chair. First of all, Chief, great. This is in my district. Being a small kid going there, we didn't have lifeguards initially. Taking care of the community, taking care of our visitors, imperative that we must do that. That beach is known as a beautiful beach, but when that surf closes out, it's pretty hard, so we need to get as many lifeguards as we can and fill up the ranks, as what is recommended. I whole-heartedly support it, and I ask my colleagues to support as well. CHR. DAVID: Thank you, Mr. Richards. Ms. Eoff, go ahead. MS. EOFF: Thank you. I just wanted to say thank you for staying on with this request. But just so I better understand; so the legislature approved of the funds? MR. ROSARIO: This is actually a direct budget increase from the Department of Land and Natural Resources. MS. EOFF: Oh, I see. So it didn't have to go the same route as like we were trying to do for Kua Bay? MR. ROSARIO: Yes. MS. EOFF: Okay, thank you. CHR. DAVID: Thank you, Ms. Eof£ Anyone else? Mr. Kanuha, go ahead. MR. KANUHA: Thank you. Mahalo for that explanation. Will these three positions fulfill everything that you need for Kua Bay with regards to lifeguards? MR. ROSARIO: No, this is strictly for Hapuna because Hapuna is a State contract. MR. KANUHA: Sorry, Hapuna. MR. ROSARIO: Yes. MR. KANUHA: Will it fulfill everything for Hapuna? MR. ROSARIO: Currently, it will bring us up to the standards that we are looking for. We also have our rescue water craft; that's assigned between Hapuna and Spencer Beach Park. So this will definitely help with the staffing of all the towers there, yes. MR. KANUHA: Okay, thank you. Page 7 FC -46 November 1, 2018 CHR. DAVID: Thank you, Mr. Kanuha. Anyone else? Seeing none, Chief, thank you very much for being here. MR. ROSARIO: Thank you. Appreciate it. CHR. DAVID: Aloha. All those in favor of approving Resolution 739-18 please say "aye." Vote on Res. 739-18: The motion to recommend adoption of Res. 739-19 was carried (Approved) by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, O'Hara, Poindexter, Richards, and Chair David — 7. Noes: None. Absent: Committee Members Lee Loy and Ruggles — 2. Excused: None. CHR. DAVID: Mr. Clerk, Resolution 740-18. Res. 740-18: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF HAWAIIAN HOME LANDS (DHHL) FOR THE COUNTY OF HAWAII TO RECEIVE REIMBURSEMENT FUNDS FOR SPEED HUMP INSTALLATION ON PROPERTY HELD BY THE DEPARTMENT OF HAWAIIAN HOME LANDS DHHL would provide a share of the costs of the County's installation of speed humps along the entire length of Pakele Lane in Keaukaha. Reference: Comm. 1147 Intr. by: Ms. David (B/R) Motion to Approve: Ms. O'Hara moved to recommend adoption of Res. 740-18. Seconded by Ms. Eoff. CHR. DAVID: Council Members, this issue affects Ms. Lee Loy's district. We have Mr. Fujimoto from DHHL (Department of Hawaiian Home Lands), from Honolulu. I spoke with Ms. Lee Loy; and if Mr. Fujimoto would like to brief us, or if you have questions. After that, I would suggest to the Council Members that we consider a postponement of this matter until Ms. Lee Loy can be here to engage in discussions. But as a courtesy to Mr. Fujimoto, who came from Oahu, I would like to allow him an opportunity to say a few words based on what we've heard so far. Page 8 FC -46 November 1, 2018 (Note: At this time, Jeffrey Fujimoto, Design and Construction Branch Chief, Land Division, Department of Hawaiian Home Lands, came forward to address the members of the Committee.) CHR. DAVID: Please identify yourself for the record. MR. FUJIMOTO: Thank you. I'm Jeffrey Fujimoto, Engineer with the Department of Hawaiian Home Lands. Thank you for inviting me today to represent the department. Yeah, we were looking at working with the County to install three speed humps along Pakele Lane in Keaukaha. We were looking at using legislative capital improvement monies rather than trust monies. Hopefully, that would be more acceptable. We do have a line item in the budget for repair and maintenance of Hawaiian Home Lands' improvements, so we're looking at using those monies to do the speed hump installation. We're working with the County to execute a Memorandum of Understanding, if it's approved, to proceed. Right now, just as a rough estimated cost to install the three speed humps, complete and placed, would be approximately $6,000. The way we were hoping it would work is that the Department of Hawaiian Home Lands would pay for the cost of just the materials and then the County would provide all the labor and equipment to install the speed humps. So, that's where we are right now. If there are any questions? CHR. DAVID: Council Members? Okay, Mr. Richards, go ahead. MR. RICHARDS: Okay, thank you, Chair. Then am I understanding that according to what I am understanding from this request, is that then the County would turn around and bill Hawaiian Homes for the labor? Is that what I'm understanding? MR. FUJIMOTO: They would bill us for the materials and then they would provide the labor. So it would be like a partnering, where DHHL pays for the cost of the materials and basically the County would pay for the cost of the labor and equipment to install the speed humps. MR. RICHARDS: Okay. I want to hear my colleagues. I yield. CHR. DAVID: Thank you. Mr. Chung, go ahead. MR. CHUNG: Maybe if I could call up someone from the department. Either Finance or Traffic, or CHR. DAVID: They're all here. Page 9 FC -46 November 1, 2018 MR. CHUNG: Whoa, okay. I mean, all I want to know is, you know, when we install speed humps on any other road in the County, do we assess? I mean, who pays for that? (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Committee.) MR. KAMELAMELA: Okay. Joseph Kamelamela, Corporation Counsel. Good morning, Chair and members of the County Council. What we need to do MR. CHUNG: Okay, wait. Is this illegal? All I want to know is who pays for it, the speed humps? MR. KAMELAMELA: No, no, Iwe have to talk specifically about Hawaiian Home Lands because Mr. Fujimoto has stated something that is critical here. MR. CHUNG: We can get to that. I just want to know who pays for the speed humps when we install it on County roads? MR. KAMELAMELA: Well, itif you only talk about County roads, the County going pay for this. But this is not MR. CHUNG: We wanted to start with that first. MR. KAMELAMELA: Okay. MR. CHUNG: Okay. Now, go ahead. MR. KAMELAMELA: Thank you. MR. CHUNG: Alright. MR. KAMELAMELA: Thank you, Council Member. So what Mr. Fujimoto had said is important because they were thinking of using Capital Improvement funds, which under the Hawaiian Homes Commission Act, well, that's the way they usually fund improvements. Once improvements are made, under the Hawaiian Homes Commission Act, then County is responsible for maintenance. So what's been asked here, which he had correctly stated, was it's an improvement. We don't mind helping Hawaiian Homes, which is what we're doing in this situation, since we have the expertise to actually do these speed humps. We have personnel to do it. So, I think that's the concept here. They're using Capital Improvement money to help get the improvement in, and we don't mind using, from what I understand, some of the fuel tax money to actually build it. That way the road can be safer. Page 10 FC -46 November 1, 2018 MR. CHUNG: I think we all understand that, and we all want to—we all are seeking safe roads. I understand the law about improvements. So it really comes down to what constitutes an improvement, right? You know, we've heard residents from the homestead getting kind of angry at the County and were offended that the County would be asking for reimbursement. But how did this all start? Was it from the department side, or the County, or did the people on Pakele Lane ask for it? How did this thing all evolve? MR. FUJIMOTO: Well, from my understanding, and I did look back at our records, I think it was a safety concern from the community. They notified the County of the concerns of the speeding along Pakele Lane by the elementary school. From that point on, I think the County contacted the department because Keaukaha is a DHHL subdivision. From that point on, then we started to coordinate together, and to consider this partnering type of condition. MR. CHUNG: Okay, I really appreciate that explanation. But this is how I look at it, and certainly we're going to wait until Ms. Lee Loy comes back to weigh in on all of this. You know, these are roads that are actually opened up to the general public, right? You can define what you guys did as being improvements, which would mean that you guys pay, and we maintain. But in as much as the request went to the County, and I guess further, in as much as our general practice is to pay for the installation of these things—you know, I want to save as much money as we can for the County, but fair is fair. I don't see any difference between installing speed humps on Hawaiian Home Lands versus any other road in the County that's open to the public, really, or that's considered a public road. I mean, I understand where the residents are coming from. I understand where the County's coming from because we want to save a buck. What I think, though, should have been done was a little more communication with the residents, so they didn't have any kind of misinformation or some misunderstandings about what was going on. I think if they were engaged in the conversation, then maybe it might have been more productive. I don't know. That's just my thought. But certainly, I want to wait until Ms. Lee Loy gets to weigh in on this thing, yeah. Thanks. CHR. DAVID: Thank you, Mr. Chung. Ms. O'Hara, go ahead. MS. O'HARA: I think Mr. Chung brings up an interesting point. We have a lot of roads in Puna that are open to the public. We cannot prevent the public from traveling on them, but they're private. In that case, the subdivisions in my area have utilized the County's speed hump design and expertise, and basically a program that's based off of the County's program. Wherein, you have to go out Page 11 FC -46 November 1, 2018 and get, I think somebody said 67 percent, two -third percent of the people on the street that's going to be affected by the speed humps, to agree. We adopted a similar policy in our subdivision, as did HPP (Hawaiian Paradise Park) and others. Once that agreement is reached, the owners who are up and down the street, have to pony -up and pay for the materials and do the labor themselves, and then it's taken over by our maintenance crews because they are private streets. So we don't get any assistance from the County at all in putting in speed humps. I get requests all of the time. But because the roads are private, even though they're open to the public, even though they're often by schools, we don't really assist in any way. I'm just pointing thatI'm just giving that picture so that we have some different scenarios to look at here, not making a judgement on this proposal at all. CHR. DAVID: Thank you, Ms. O'Hara. Mr. Chung, go ahead. MR. CHUNG: No, and I'm glad that she brought that up because, really, fair is fair. But I think I was very careful to say that these are considered public roads, yeah. They're not private roads. Once they're laid out, they're considered public roads. We have to maintain them. That's our responsibility. It's a little bit different situation. CHR. DAVID: Thank you, Mr. Chung. Before I—would you like to say something, Mr. Fujimoto? I saw yourI thought you wanted to say—it's okay, if you don't. MR. FUJIMOTO: No. I'm fine, thank you. CHR. DAVID: We have Director Simeon here. Would you like to say something before I entertain a motion, Director? (Note: At this time, Public Works Director Allan Simeon came forward to address the members of the Committee.) MR. SIMEON: Hi. Good afternoon. Allan Simeon, Director of Public Works. Thank you for this floor. Basically, I did go through the MOA (Memorandum of Agreement) with Hawaiian Home Lands that was drafted back in 2002. It is not really clear in there as far as new improvements, so that may be something that we can look at. Also, based on agreements that were done prior for improvements on Hawaiian Home lands, two that I can remember, or I can cite: one is Kahilu Road in Waimea, and also Keaukaha drainage and shoulder improvements. Again, I believe the County had worked with Hawaiian Home Lands, Mr. Fujimoto, to have a cost-sharing for these improvements. So again, it was Page 12 FC -46 November 1, 2018 done in the past in trying to work with each other, and together get something done for safety. If we need to go back and look at the MOA, if there are things that need to be addressed or made clear, maybe that's something that we should work for. CHR. DAVID: Thank you. I appreciate that, and I think we all appreciate that. Because if postponing this matter until the next meeting, would it allow you folks some time to get some answers for the community? That would be great. So given thatoh, Mr. Kanuha, I'm sorry. I didn't see your light. MR. KANUHA: Thank you, Madam Chair. We're definitely going to postpone this. We don't have the Council Member from the district here. I think it's incumbent upon us and all you guys to go back to the community and explain everything, about what's going on and all the reasons why you guys are doing what you're doing. I mean, obviously several members didn't know—or the association never knew what was going on. That's not a good thing, when we're trying to make sure that the community is involved in a lot of these decisions made. And the money, where is it coming from? Who's paying for it? This is a really important, though, for the safety of the residents living on that street and the kids that go to those schools. But everybody needs to be involved in the conversation, and everybody needs to understand really what's going on. Ms. Lee Loy, since she's not here, I think it's important for us to postpone this. Vote on Postponement: Mr. Kanuha moved to postpone Res. 740-18 to (Approved) November 19, 2018. Seconded by Ms. O'Hara and was carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, O'Hara, Poindexter, Richards, and Chair David – 7. Noes: None. Absent: Committee Members Lee Loy and Ruggles – 2. Excused: None. CHR. DAVID: Gentlemen, thank you, and we look forward to the information you'll be bringing back. Council Members, thank you for—Mr. Fujimoto, thank you. BILLS FOR The Chair directed the Committee to proceed to the next order of business, Bills ORDINANCES: for Ordinances. (There were none.) Page 13 FC -46 November 1, 2018 CHR. DAVID: Council Members, may I please have a motion to adjourn? ADJOURN- There being no further business, at 1:56 p.m., Mr. Richards moved to adjourn MENT: the meeting. Seconded by Ms. O'Hara and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, O'Hara, Poindexter, Richards, and Chair David — 7. Noes: None. Absent: Committee Members Lee Loy and Ruggles — 2. Excused: None. CHR. DAVID: This meeting is adjourned. Mahalo, everyone. Approved: Ms. Mai NU-e-irosD-avid, Chair Finance Committee MD/na (Date) Page 14