HomeMy WebLinkAboutMIN FC 2019/04/23 2018-2020Committee on Finance
9th Session
West Hawaii Civic Center
74-5044 Ane Keohokaloele Highway, Building A
Kailua-Kona, Hawaii
April 23, 2019
CALL TO The regular meeting of the Committee on Finance was called to order at
ORDER: 9:15 a.m., in the Council Chambers, Kona, by Ms. Maile Medeiros David, Chair.
ROLL CALL:
Present: Ms.
Maile Medeiros David, Chair
Mr.
Herbert M. "Tim" Richards, Vice Chair
Mr.
Aaron S. Y. Chung, Member (came in later)
Ms.
Karen Eoff, Member
Ms.
Ashley L. Kierkiewicz, Member
Ms.
Susan L. K. Lee Loy, Member
Ms.
Valerie T. Poindexter, Member
Ms.
Rebecca Villegas, Member
Absent & Excused: Mr. Matt Kaneali`i-Kleinfelder, Member
STATEMENTS
FROM THE
PUBLIC ON
AGENDA ITEMS
The Chair directed the Committee to proceed to the next order of business,
Statements from the Public on Agenda Items.
The following individuals registered to speak and came forward when called by
the Chair:
Babette Morrow:
(representing `O Ka`u Kakou)
Jana Boges:
(representing Big Island RC&D/
Beyond Organic Consulting)
Bruce Merrell:
(representing Hawaii Island
HIV/AID Foundation)
Derek Park:
(representing Paddling for Hope)
Comm. 95.2, comment.
Comm. 95.2, in support.
Comm. 95.2, in support.
Comm. 95, in support.
FC -9
Change Order of
Business:
Comm. 221
Vote on Comm. 221
(Approved)
Kathy Buono:
(representing Rainbow Friends
Animal Sanctuary)
Jim Kilgore:
(representing Full Life)
Comm. 95, in support.
Comm. 95, comment.
April 23, 2019
CHR. DAVID: At this time, Council Members, I would like to take the
nominations on the agenda out of order.
As directed by the Chair and with no objection from the Council Members,
the following items were taken out of order:
CHR. DAVID: Mr. Clerk, could you please read in Communication 221,
nomination of Isabella Hughes to the Merit Appeals Board?
NOMINATION OF ISABELLA HUGHES TO THE MERIT APPEALS
BOARD
From Mayor Harry Kim, dated April 4, 2019, submitting for the Council's
review and confirmation of the above nomination.
Requires Council
Confirmation by: May 18, 2019 (Section 13-4(1),
Hawaii County Charter)
Ms. Kierkiewicz moved to recommend confirmation of the
appointment of Ms. Isabella Hughes to the Merit Appeals
Board. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Committee Members Chung, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas, and
Chair David — 8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder —1.
Excused: None.
Committee Members spoke in favor of the appointment. Chair David informed
Ms. Hughes that she does not need to appear at the Council meeting for final
confirmation of her appointment.
CHR. DAVID: Mr. Clerk, can you please proceed with Communication 222?
Page 2
FC -9
April 23, 2019
Comm. 222: NOMINATION OF MELVIN VENTURA TO THE MERIT APPEALS
BOARD
From Mayor Harry Kim, dated April 4, 2019, submitting for the Council's
review and confirmation of the above nomination.
Requires Council
Confirmation by: May 18, 2019 (Section 13-4(1),
Hawaii County Charter)
Vote on Comm. 222: Ms. Villegas moved to recommend confirmation of the
(Approved) appointment of Mr. Melvin Ventura to the Merit Appeals
Board. Seconded by Mr. Richards and carried by the
following voice vote:
Ayes: Committee Members Chung, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas, and
Chair David — 8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder —1.
Excused: None.
Committee Members spoke in favor of the appointment. Chair David informed
Mr. Ventura that he does not need to appear at the Council meeting for final
confirmation of his appointment.
CHR. DAVID: Alright, Council Members, I think we're going to go to the top
of the agenda.
Return to Order The Chair directed the Committee to return to the order of business.
of Business:
COMMUNI- The Chair directed the Committee to proceed to the next order of business,
CATIONS: Communications.
CHR. DAVID: Mr. Clerk, Communication 11.8, please.
Comm. 11.8: REPORT OF FUND TRANSFERS AUTHORIZED: MARCH 16 — 31, 2019
From Controller Kay Oshiro, dated April 1, 2019.
Motion to Close file: Ms. Villegas moved to close file on Comm. 11.8.
Seconded by Ms. Poindexter.
CHR. DAVID: I believe we have Mr. Hunt in our Hilo office for questions,
Council Members. Do you folks have any questions on Communications 11.8,
Page 3
FC -9 April 23, 2019
fund transfers? No? Okay, all those in favor of filing Communication 11.8 please
say "aye".
Vote on Comm. 11.8: The motion to close file on Comm. 11.8. was carried by
Filed the following voice vote:
Ayes: Committee Members Chung, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas, and
Chair David — 8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder —1.
Excused: None.
CHR. DAVID: Mr. Clerk, I would like to take Communication 62. 1, and right
after that Communication Bill 57 because Mr. Brilhante, I believe, is in our Hilo
office and he's here for both of those.
Change Order of As directed by the Chair and with no objection from the Council Members the
Business: following items were taken out of order:
Comm. 62.1: THIRD QUARTER REPORT OF PERSONS EMPLOYED UNDER A
CONTRACT FOR LESS THAN 90 DAYS: JANUARY 1 — MARCH 31, 2019
From Human Resources Director William V. Brilhante, Jr., dated April 1, 2019,
transmitting the above report pursuant to Section 2-12.5 of the Hawaii County
Code.
Motion to Close File: Mr. Richards moved to close file on Comm. 62.1.
Seconded by Ms. Poindexter.
CHR. DAVID: Discussion or questions for Mr. Brilhante, Council Members?
Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. Director Brilhante, you're in Hilo?
(Note: At this time, Human Resources Director William V. Brilhante, Jr.,
came forward to address the members of the Committee.
MR. BRILHANTE: Yes. Good morning.
MS. KIERKIEWICZ: Good morning. Thanks for being available to answer
questions. You know, I'm looking at the list of contractors' names. I'm just
curious. I see a number of individuals that have been on here before
consecutively, actually, so I had just wondered what the rules are around rehiring
these people again after 90 days.
Page 4
FC -9
April 23, 2019
MR. BRILHANTE: Thank you very much, Council Woman Kierkiewicz, for the
question. Actually, when it comes to these 89 -day contracts, we're guided by the
HRS (Hawai`i Revised Statutes) and the principle set forth in the HRS. Pursuant
to that, we can bring in an employee on an 89 -day contract. They'll serve for the
89 days, and if there's a desire for that individual to continue their contractual
relationship or their employment relationship with the County, then we must have
a minimum of one day break in service. Then our policy is that they can come
back for one more additional 89 -day contract period, and that's the extent of it
Now, that being said, an individual could come back later for another position
under another contract for doing, you know, for doing a specific job which is
different than the previous contractual, you know, which is different than the
previous contractual employment responsibility or scope of work that they
performed for the County previously.
MS. KIERKIEWICZ: Okay, thank you. It's helpful to know. And I'm taking a
look at the various salaries. Just help me understand, are there line items in the
various department budgets to hire on individuals to fulfill these special
contracts?
MR. BRILHANTE: Yeah, that's a discussion that each department has with the
Finance Department. When we get a copy of the contract, one of the things we do
is we vet the scope of work that the proposed employee is going to be performing.
We match it up with some type of similar type of classification of work in the
County, and that's the guidelines we use to make a determination as to whether or
not the salaries are "reasonable." Based on that, you know, that's the extent of
our inquiry and to that component. But as I said previously, each department has
to ensure through Finance Department that they have sufficient—enough funds
available in their current budget to cover these salaries.
MS. KIERKIEWICZ: Okay. And if we had wanted to request a copy of the
scope of work for their contract, could we just reach out to you and get a copy?
MR. BRILHANTE: Oh, definitely.
MS. KIERKIEWICZ: Okay, thank you. Thank you, Madam Chair. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Council Members?
Seeing none, thank you, Mr. Brilhante. All those in favor of filing
Communication 62.1 please say "aye."
Page 55
FC -9 April 23, 2019
Vote on Comm. 62.1: The motion to close file on Comm. 62.1 was carried by
Filed the following voice vote:
Ayes: Committee Members Chung, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas, and
Chair David — 8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder —1.
Excused: None.
CHR. DAVID: Mr. Clerk, can you go to Bill 57?
Bill 57: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY
OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR,
DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES
REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS,
AND REPEALS ORDINANCE NO. 18-53 AND ALL AMENDMENTS
THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY
ORDINANCE OF 2019
Establishes rates of compensation for appointed employees in the Legislative
Branch and the Office of Housing and Community Development, the County
Physician, and Student Helpers and Senior Community Services Aids for
various County agencies.
Reference: Comm. 223
Intr. by: Ms. David (B/R)
Motion to Close File: Ms. Villegas moved to recommend passage of Bill 57 on
first reading. Seconded by Ms. Poindexter.
CHR. DAVID: Discussion, Council Members? Seeing none, Mr. Clerk, I believe
you wanted to say a few words.
MR. HENRICKS: Yeah. So when we look at the Salary OrdinanceI'm going
to put on the office manager hat right nowclearly, it provides for all of our
appointed employees in our branch. And there are quite a few, if you want to call
them "pay steps" in here that haven't been utilized in many, many years. We did
a quick historical analysis to determine which pay steps haven't been used in at
least five years, and there are quite a few. So it would appear then the word
"obsolete" is in clay.
I wanted to ask if the Council was interested, we could produce an amendment
either by postponing this or moving it forward, and looking at amendment in first
reading, where those available pay steps would be removed from the schedule.
Because we don't believe that they'll actually would be used any time in the near
Page 6
FC -9
April 23, 2019
future. So it would just be an amendment to remove pay steps, that again, haven't
been used in quite some time. Not to add any at this point and time.
But before I put that forward, I just wanted to get a sense from the Council that's
something that would be at least something that would be okay to consider by the
Council.
CHR. DAVID: Thank you, Clerk. I'm going to go to Ms. Poindexter then
Ms. Lee Loy.
MS. POINDEXTER: And I think removingI would agree with that. I think the
last time what we had—when we tried that, I think it was—you know, you
couldn't—like a, b, c, d, and then removing that. But then in the salary, the
ordinance, would start with e, f, g. You couldn't go put those back to a, b, c, d.
MR. HENRICKS: Right.
MS. POINDEXTER: Because who's in that category now
MR. HENRICKS: Sure.
MS. POINDEXTER: —and they wouldn't get paid because they're listed as this,
and not an "a". It was just a little crazy. But we couldI guess you could put a
line through it and say, "These are no longer"—because changing it to a, b, c, d
wouldn't work.
MR. HENRICKS: No, that wouldn't be what we would be looking at.
MS. POINDEXTER: Yeah.
MR. HENRICKS: It would be just removing those lower, if you want to use that
phrase, letterings, and just retaining the letterings that are existing, so it doesn't
disrupt our HR (Human Resources) issues. And again, I think one of the reasons
why isI think it's important we put out a Salary Ordinance that we—for public
inspection, too. It's something that the public could reasonably expect for people
to get paid here. At this point and time, some of the salaries areI mean, in my
estimation, very low for the amount of work and the type of professionals we ask
to do this work. So I think it would be appropriate to kind of clean up the Salary
Ordinance. But again, I wanted to make sure that was something the rest of the
Council would be amicable, at least to look at it and consider.
MS. POINDEXTER: And lining it out would be appropriate, and leaving it in
there?
MR. HENRICKS: No, it would actually just be removed, and we would start
Page 7
FC -9
April 23, 2019
MS. POINDEXTER: And start with
MR. HENRICKS: Correct.
MS. POINDEXTER: Because then
MR. HENRICKS: Correct.
MS. POINDEXTER: Because then it would—when you talk about the public
looking at it, then they're going, "Well, what happened to a, b, c, d; why are they
getting blah, blah, blah?"
MR. HENRICKS: Right.
MS. POINDEXTER: You know, when we talk about making it easier for the
public, we've got to think about that also.
MR. HENRICKS: Sure, but I would—okay, very good.
CHR. DAVID: Thank you, Ms. Poindexter. Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you, Chair. I'm all for cleaning up—cleaning house. I'm
all for that. So I'll be more than happy to support moving this forward and
working with out Clerk for a future amendment, but also running it through the
courses with Bill Brilhante over at Human Resources to make sure that it is
appropriate on how we edit this document. Those are my thoughts.
MR. HENRICKS: We certainly would present our proposed amendments to
Mr. Brilhante for his review. And something that we could look at doing, is if we
were interested in relettering the pay scales or steps, if we want to call it that. So,
they would start with "a" and end wherever they need to end.
We could look at redoing paperwork, essentially. This would take effect on
July 1, so there will be some time to prepare to have the Council Chair and
myself sign paperwork where people would not have the increase or decrease in
pay, but because the letter that they are assigned to on that scale, we need to
change. We could prepare for that so that we could truly update this so that it
would look reasonable to somebody.
Again, why are we starting with—because as you can see, there currently are
some positions where we start at "c." Historically, things have happened over the
years, to why do some go to s and some go to e? So we've kind of looked at all
those things. We thought, Well, let's not just kind of leave it as is, let's do
something reasonable. What we thought would be reasonable, is just again,
Page 8
FC -9 April 23, 2019
removing those potential steps that haven't been used in a long time. We can look
at creating—starting at a and then preparing paperwork so that no one would be
displaced. Come July 1, we'll be ready to go.
CHR. DAVID: Thank you. Ms. Lee Loy, are you? Thank you very much.
Anyone else? Thanks for that discussion, Council Members, especially for
reaching out to our HR Director, Mr. Brilhante. So that being said, all those in
favor of approving Bill 57 and moving it to Council with a positive
recommendation please say "aye."
Vote on Bill 57: The motion to recommend passage of Bill 57 on
(Approved) first reading was carried by the following voice vote:
Ayes: Committee Members Chung, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas, and
Chair David – 8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder –1.
Excused: None.
CHR. DAVID: Alright, thank you. Mr. Clerk, I guess we can move up, back to
the top of the agenda.
Return to Order of The Chair directed the Committee to return to the order of business.
Business:
CHR. DAVID: Communication 95.
Comm. 95: FISCAL YEAR 2019-20 NONPROFIT GRANT REVIEW PROCESS AND
FORMATION OF AN AD HOC COMMITTEE
From Finance Committee Chair Maile Medeiros David, dated February 1,
2019, describing the nonprofit grant review process and requesting formation
of an ad hoc committee. The ad hoc committee would conduct application
reviews with the applicants for the County's annual nonprofit grant awards and
then report its findings to the Finance Committee.
Postponed: February 19 and April 9, 2019
(Note: There is a motion by Mr. Richards, seconded by Ms. Kierkiewicz, to
close file on Comm. 95.)
; and
Page 9
FC -9
April 23, 2019
Comm. 95.1: From Finance Director Deanna S. Sako, dated February 11, 2019, transmitting
the applications from eligible nonprofit organizations for the Council's review
and appropriation of funds for the Fiscal Year 2019-2020 nonprofit grant
program.
; and
Comm. 95.2: RECOMMENDATIONS FOR GRANT APPROPRIATIONS TO
NONPROFIT ORGANIZATIONS
From Finance Committee Chair Maile David, dated March 22, 2019,
transmitting the Finance Ad Hoc Committee's recommendations for grant
funding to nonprofit organizations for inclusion in the County of Hawaii
Operating Budget for Fiscal Year 2019-2020. A total of 160 eligible
applications were received with requests totaling $4,289,207. The
recommendations have been developed through a review of all applications
with each applicant.
CHR. DAVID: Thank you, Mr. Clerk. That was mouthful. We already have a
pending motion by Mr. Richards and seconded by Ms. Kierkiewicz to close file
on Communication 95. So given that, if it's okay with Council Members, I just
wanted to give a brief summary of the ad hoc committee's work and the
recommendations that you have before you.
On January 31, 2019, 160 applications were received by the Department of
Finance. Six applications were determined ineligible and two applications were
withdrawn, so now we were left with 152 eligible applications, with request that
totaled $4,289,207. Last year, there were 180 eligible applications, with request
totaling $5 milliona little over $5.6 million.
On February 11, 2019, we received the eligible applications from the Department
of Finance for review and appropriation of funds; then on February 19, at a
meeting of the Finance Committee we formed an ad hoc committee for the
purpose of application reviews, applicant interviews, and award
recommendations. We conducted 152 nonprofit interviews on March 14, 15,
18, and 19, and these interviews took place at Council Chambers in Hilo.
Ninety-nine interviews took place in Hilo and fifty-three took place at the
West Hawaii Civic Center.
On March 22nd, the ad hoc committee determined the recommended award
amounts for each of the applicant organizations, and the ad hoc committee
members were able to designate specific performance measures, expenditures,
and directives to the awardees. So although the amounts requested by
organizations far exceeded recommended award amounts, all of the applicants
expressed their understanding and conveyed their determination to continue
providing services to the needs of our increasing population.
Page 10
FC -9
April 23, 2019
So Exhibit A to Communication 95.2 is a spreadsheet that shows the ad hoc
committee's recommendation for fiscal year 2019-2020, using the preliminary
budget appropriation in the amount of $1.5 million. At this time, I'd like to open
the floor for discussion to Council Members. Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you, Chair. I wanted to take a moment to thank the
other members of the nonprofit committee: Ms. David, Ms. Villegas, and also
Mr. Kaneali`i-Kleinfelder, and also to their staff. They're always so very helpful,
including mine, of Council District 3.
I also wanted to thank Mr. Villegas and Mr. Kaneali`i-Kleinfelder for walking
through four days of nonprofit hearings and just sitting patiently and listening to
the larger the need of our island. It's often tough, but always just very gratifying
in the end. But most importantly, I think the first perspective of our freshmen
colleagues, and then the balance between, you know, our rural communities, our
urban communities, it was a well-rounded group. I just want to thank you for
rounding out our strengths but filling the gaps in our weaknesses. I cannot thank
you both enough.
I think the larger picture that I do want to share with the rest of my colleagues is
that one reoccurring theme in all of these nonprofit requests was that the lava and
Hurricane Lane really put extra pressure on these nonprofits. So when we think
about the impacts of our island, these nonprofits touched the most vulnerable in
our community. When there is just these types of events, the need gets a lot
larger. So I just really needed to share that these nonprofits really saw a spike in
the requests to help kids, help kupuna, you know, animals. Whatever their
mission was, we saw it really down at the grassroots level. So with that, Chair,
thank you for your leadership again in this area. I enjoyed it again.
CHR. DAVID: Thank you very much.
MS. LEE LOY: Thank you. I yield.
CHR. DAVID: Likewise, thank you, Ms. Lee Loy. Ms. Poindexter and then
Ms. Villegas.
MS. POINDEXTER: And I just wanted to thank all of you who sat on that
Committee, because I sat on that early on and it does eat up a lot of our time and
commitment. You saved all of us, and we trust your recommendations. So I just
want to say thank you for dedicating so much time to support all of our
nonprofits. Thank you.
CHR. DAVID: Thank you, Ms. Poindexter. Ms. Villegas, go ahead.
Page 11
FC -9
April 23, 2019
MS. VILLEGAS: I also just want to say thank you. Being fresh to this process, it
was an honor and a privilege to get to participate in this capacity, of allocating
resources or making the recommendations of where to allocate resources.
In my prior life, in the private sector, I was able to work with a number of
nonprofits, both in this County and around the State. It was a real pleasure and a
joy to reconnect with some of those same people, as well as to learn in a new
capacity, even more details, specifics, about what's (9:27:25 Part I)
nonprofits are working on. Some of the issues that they're trying to tackle are the
issues that we consistently hear about as Council Members. I am incredibly
grateful for the collaborative work that's being done between private, nonprofit,
and government organizations. I didn't know about this program in our County
until this opportunity, and I don't know how many other people know about it.
But I think that it's powerful, it's generous, it's connected, and it just exemplifies
the responsibility and the kuleana that is recognized—and taking that opportunity
to allocate resources that are so precious to every one of us, that come from the
hard-earned tax dollars of our constituents.
So, I'd like to thank the Mayor for his increase in that funding, from what's
required according to the County Code, of being $1 million and increasing it to
the $1.5 million. So I'd also like to thank Sue and Maile for their leadership and
guidance.
I also wanted to remind the community and some of the nonprofits that requested,
you know, we were—we had more than almost three times the funding requested
than we're capable if providing. There also were stipulations in how we could
fund, based on whether or not it's supporting consumables versus purchasing of
major assets, and then what that would require legally for the County and
ownership. So, I just want to remind people about that.
It was a real dance and some trickiness in some of that to make sure that we
participated appropriately and followed protocol. Yeah, just mahalo everyone for
this opportunity in allowing me to participate.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else before I start? Okay.
Well, I would like to ditto. Thanks, especially to the ad hoc committee members:
Ms. Lee Loy, Mr. Kaneali`i-Kleinfelder, who's not here today, and Ms. Villegas.
I believe that the method that we engaged in this time was very collaborative, I
believe. It was a very fair and equitable result, as much as we could do. So I
really want to thank you folks, the ad hoc committee, for your hard work. I really
want to thank our staff, especially Dawn Manago for keeping us in line and giving
us all our spreadsheets and paperwork and contacting all the organizations; and
Donna Eckersley for helping us coordinate and getting account numbers for all of
these nonprofit accounts.
Page 12
FC -9 April 23, 2019
Last but not least, Deanna, Ted Schrey, Lisa Tada in Finance, and Mayor, thank
you for doing this again this year. Other than that, Mr. Clerk, I believe we already
have a motion to file communication, or do I need another one for the
recommendation, 95.2?
MR. HENRICKS: Yes, for the Committee to accept or approve the
recommendations of Communication 95.2.
CHR. DAVID: Approve the recommendations, okay. May I please have then a
motion to approve the recommendations and file Communication 95.2?
Vote on Comm. 95.2: Ms. Villegas moved to close file on Comm. 95.2 and accept the
(Approved) recommendations of the ad hoc committee for inclusion of
Bill 30, the Operating Budget for Fiscal Year 2019-2020.
Seconded by Ms. Lee Loy and carried by the following
voice vote:
Ayes: Committee Members Chung, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas, and
Chair David — 8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder —1.
Excused: None.
CHR. DAVID: Now, Mr. Clerk, I believe, Communication 95?
MR. HENRICKS: It's the vote to wrap that up and dissolve it in Committee.
CHR. DAVID: Yes, okay. Please take a vote then, all those in favor of filing
Communication 95 and all related communications please say "aye."
Vote on Comm. 95: The motion to close file on Comm. 95 and all related
(Filed) related communication was carried by the following
voice vote:
Ayes: Committee Members Chung, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas, and
Chair David — 8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder —1.
Excused: None.
CHR. DAVID: Thank you very much. Mr. Clerk, can we please move to
Resolution 130, please?
Page 13
FC -9
April 23, 2019
Res. 130-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE HAWAII TOURISM AUTHORITY, STATE
OF HAWAII, PURSUANT TO HAWAII REVISED STATUTES
SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY RESEARCH
AND DEVELOPMENT DEPARTMENT
Funds in the amount of $35,000 would be used to develop a Hawaii Island
Tourism Strategic Plan, for the purpose of increasing communication,
interaction and understanding between industry stakeholders, residents, and
the visitor industry.
Reference: Comm. 224
Intr. by: Ms. David (B/R)
Vote on Res. 130-19: Mr. Richards moved to recommend passage on
(Approved) Res. 130-19. Seconded by Ms. Lee Loy and carried by
the following voice vote:
Ayes: Committee Members Chung, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas, and
Chair David — 8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder —1.
Excused: None.
CHR. DAVID: Mr. Clerk, please move on to Bill 58.
Bill 58: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2019
Appropriates revenues in the State Grants — Hawai`i Island Tourism Strategic
Plan ($35,000); and appropriates the same to the Hawaii Island Tourism
Strategic Plan — State account. Funds would be used to increase communication,
interaction and understanding between industry stakeholders, residents and the
visitor industry.
Reference: Comm. 224
Intr. by: Ms. David (B/R)
Page 14
FC -9
April 23, 2019
Vote on Bill 58: Ms. Villegas moved to recommend passage on Bill 58.
(Approved) on first reading. Seconded by Ms. Eoff and carried by
the following voice vote:
Ayes: Committee Members Chung, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas, and
Chair David — 8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder —1.
Excused: None.
CHR. DAVID: Mr. Clerk, I believe we can proceed with Communication 149.
Comm. 149: FORMATION OF AN AD HOC COMMITTEE: FISCAL YEAR 2019-2020
OPERATING AND CAPITAL IMPROVEMENT PROJECT BUDGETS
From Council Member Ashley L. Kierkiewicz, dated February 22, 2019,
requesting formation of an ad hoc committee to investigate issues relating to
the upcoming Budgets, and identify methods to increase efficiency and reduce
costs.
Postponed: March 12 and 27, 2019
(Note: There is a motion by Ms. Kierkiewicz, seconded by Mr. Richards, to
close file on Comm. 149.)
; and
Comm. 149.1: From Council Member Ashley L. Kierkiewicz, dated March 27, 2019,
transmitting a draft scope of work and proposed timeline of deliverables by the
Budget Ad Hoc Committee.
; and
Comm. 149.2: From Finance Committee Chair Maile David, dated April 9, 2019, providing
the Office of Information Practices' response to a request from the Corporation
Counsel seeking advice regarding the formation of a Budget Ad Hoc
Committee.
CHR. DAVID: Thank you, Mr. Clerk. Mr. Kamelamela, would you like to come
up to the table before we start discussion?
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Committee.)
CHR. DAVID: Council Members, discussion? Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. I think you and my colleagues here
today would agree that after last week's budget hearing, it's very clear that we
Page 15
FC -9 April 23, 2019
need to hone in on the process of how our County formulates its budget and really
start to really move the needle in the direction of budgeting for outcomes. That's
not going to happen over night. I feel that the formation of an ad hoc committee
to study this and other things that I've outlined in the communication is really
critical. Having said that, our last discussion about the formation of this ad hoc
was that—our Corp. Counsel, Mr. Kamelamela would seek guidance from the
Office of Information Practices (OIP), and they have provided us with an opinion.
So at this point, I ask that we postpone this communication once more to the
May meeting, while we consult with OIP on what our options are.
CHR. DAVID: Thank you. Thank you, Ms. Kierkiewicz. Mr. Kamelamela, do
you have anything to add to that request for postponement?
MR. KAMELAMELA: I just wanted to say good morning, Chair and members
of the Council. No, I don't have anything else to say.
CHR. DAVID: Okay, thank you. Anyone else before we take the motion to
postpone? Ms. Kierkiewicz, you're making a motion to postpone to our next
meeting, May 7Ih .
Motion to Postpone: Ms. Kierkiewicz moved to postpone Comm. 149 to
May 7, 2019. Seconded by Mr. Richards.
CHR. DAVID: Mr. Richards, go ahead on the postponement, please.
MR. RICHARDS: I think Ms. Kierkiewicz articulated it quite well. We are
seeking our way to best discuss and come up with good solutions for our budget.
With the communication coming back from OIP, I think the best thing to do is
continue seeking that. So I'll fully support a postponement while we sort that
through and communicate with OIP. I yield.
CHR. DAVID: Thank you. Council Members? Ms. Villegas, go ahead.
MS. VILLEGAS: My question then becomes about timing for approving of the
budget and how that works. I'm not sure who I would ask this of, if it's you,
Mr. Kamelamela, or not. But this puts us in May, and just how that affects as it
gets pushed back. How that works on the timeframe for all of us, especially
because I'm suppose to be on the ad hoc committee. I yield.
CHR. DAVID: Thank you, Ms. Villegas. Timewise, Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair, if I may? You know, the intention with
this ad hoc was to really look at ways in which we could affect this current
budget, by just thinking differently, and I think we've articulated that quite clearly
over the last week of budget hearings. Having said that, if the formation of this
Page 16
FC -9 April 23, 2019
ad hoc committee is not able to align itself with our current budget timeline, I
think the conversation still needs to be had at some point, in this Council term,
where we are done changing the trajectory and the way in which we craft our
budget as a County. So we may not be able to affect the change we want to see in
this fiscal year, upcoming fiscal year, but I don't think we should be deterred at
all in making moves to try to change things going forward. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Chung, go ahead.
MR. CHUNG: Yeah, I was basically going to say the same thing, but I couldn't
say it as nicely as Ms. Kierkiewicz. You know, I did state earlier, when we were
entertaining this idea, this is going to be a work -in -progress, right? The ask for
the ad hoc committee was made right during the budget time. I think realistically
it's going to be difficult for us to have this ad hoc committee up and running for
this budget.
But as Ms. Kierkiewicz stated, "It's a different way of looking at the budgeting
process." So going forward, I think there will be more discussion, more ideas
coming up. And over next several years, you know this idea, in whatever form it
takes, will start taking shape. That's my understanding. That's my belief. But
thank you, all of you, for your good work.
CHR. DAVID: Thank you, Chair Chung. Anyone else wishing to comment
before I take the vote on the motion to postpone? Alright, all those in favor of
postponing Communication 149 and all related communications to our May 7h
meeting please say "aye."
Vote on Motion to The motion to postpone Comm. 149 and all related
Postpone: communications was carried by the following voice vote:
(Approved)
Ayes: Committee Members Chung, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas, and
Chair David – 8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder –1.
Excused: None.
CHR. DAVID: Mr. Clerk, the last thing on our agenda is Communication 225,
which I was told that Mayor would be available at 11.
MR. HENRICKS: Would you like to recess until—like an hour from now to give
him?
CHR. DAVID: I think so. To give him some time to
Page 17
FC -9
April 23, 2019
MR. HENRICKS: To have that discussion.
CHR. DAVID: Yes. When is our next?
MR. HENRICKS: 1:00 o'clock, quite some time from now.
CHR. DAVID: Yeah, I think we'll take a recess because Mayor would like to be
present for this discussion.
MR. HENRICKS: Until?
CHR. DAVID: Until 11:00 o'clock.
MR. HENRICKS: Perhaps—he said at—maybe if we should give him a little
extra time, just in case.
CHR. DAVID: 11:00.
MR. HENRICKS: Because once we go in, we're going to be that's all we have
left. Maybe 11:10, just to be sure?
CHR. DAVID: 11:15.
MR. HENRICKS: And then we'll contact the Mayor's office to let them know.
CHR. DAVID: Thank you very much. We're in recess until 11:15. Thank you.
Recess: The Chair called for a recess at 10:13 a.m.
Reconvene: At 11:21 a.m., the meeting reconvened.
CHR. DAVID: Welcome back to the Committee on Finance. I'm calling this
meeting out of recess.
CHR. DAVID: Mr. Clerk, could you please read in Communication 225?
Comm. 225: REQUESTS AN UPDATE FROM THE MAYOR'S OFFICE REGARDING
LEGISLATIVE DISASTER AID FUNDS
From Council Member Herbert M. "Tim" Richards, III, dated April 5, 2019.
Motion to Close File: Mr. Richards moved to close file on Comm. 225. Seconded
by Ms. Lee Loy.
CHR. DAVID: Mr. Richards, go ahead.
Page 18
FC -9
April 23, 2019
MR. RICHARDS: Again, spring -boarding on this. We had very clear
instructions from the Legislature that they wanted good communication and
oversight of the expenditures that we would be incurring, working towards our
disaster relief. So with that, this afforded us the ability to discuss this in Council
and Committee. So with that, I understand we're going to have a conversationa
presentation, coming forward.
CHR. DAVID: Thank you. I see Mayor in our Hilo office. Good morning,
Mayor, would you please come to the table?
(Note: At this time, Mayor Harry Kim came forward to address the
members of the Committee.)
CHR. DAVID: Thank you very much. You can proceed whenever you're ready,
on the overview, an update.
MAYOR KIM: Thank you. Alright, first of all, I'm sorry I'm only one here
because everyone else is tied up. I feel so odd looking at empty chairs and
talking, but that's okay. If I turn, I guess it will be even odder.
Anyway, in regards to—first of all, I'm not (??? NOT??? I played it over and
that's what I heard, or is it I'm now very..) very grateful for all of the Council's
help in acquiring $60 million from the State Legislature. As you know, it was not
a slam-dunk anywhere along the line for many different reasons, and one of the
major reasons, obviously, is the tight money situation for the State. However, the
$60 million is going to be quite a way as far as where we can go. The most
important thing, maybe I shouldn't say a priority but for us it is, a great concern
otherwise it would have to come before the County Council.
As you know, we fortunately never had a necessity to come before you for
emergency appropriations. Any disaster of this size, I think, if you look at all of
the records, dating back to whenever, the Civil Defense organization or the
Mayor's office had to come before the Council for emergency appropriations for
ongoing expenses. That was avoided primarily because the State, through
Governor Ige, gave us some money throughout.
In regards to the money we're talking about now, specifically the $60 million, that
the Council as some of you know were very involved in going to the Legislature
to present testimony in various committees to ensure that we get that. That is now
appropriated to us. And as Councilman said, you know, in regards to monitoring,
assurances were given by us that monitoring is not a problem for us.
Accountability is not a problem for us in any requirement on those funds, and we
will do that.
Page 19
FC -9
April 23, 2019
The first source of monies that we are going to use will be on the starting and
the completion of Highway 132. I was just told, within a weekI guess, this is
Tuesday, so it was yesterday, by Public Works, that survey of that Highway 132
is completed, and we can start on ground surveying. Our goal on 132, of
approximately and I say "approximately" because this year is going to be very
rough as far as specifically what we run into, but we estimated that highway alone
will cost us approximately $40 million—$37 to $40 million.
We hope to qualify for the Federal Government. Because if it's a State highway,
100 percent reimbursement, but we have to be cashed out first. We have to
complete this. We hope meet that deadline, and we'll do everything to meet that
100 percentage reimbursement. We have to finish by the first week of October.
So our goal on Highway 132 will be this October. Hopefully again, the first week
of October.
The second use of that money, which we will not have 100 reimbursement, we
hope to have at least 75 percent reimbursement, is what we call—it's Pohoiki
Road. Pohoiki Road as you know is all of a County road. That reimbursement
is taking back about 75 percent. Our estimate of that will be approximately
$30 million. We hope to start that surveying and those things as soon as we get
well underway on Highway 132.
In regards of the rest of the monies, including the $17 million, I mean,
$1.7 million, as you know one of the biggest problems the monies that where it
should be used isI guess I can give this as a best example because of
a conversation I was just having prior to the doors opening here, is the number of
people that you find out that on the Kapoho Beach Lots and Vacationland, that
the people are not really interested in any of the specific type of housing program.
These are people that hada lot of them percentage, who have all been short-
term rentals. Naturally, short-term rentals means that facility homes that we're
not living in.
In regards to the type of things that we thought would be forthcoming did not, and
I'll give a simple answer to that. Kapoho Beach Lot and Vacationland, they both
accounted for approximately four to five hundred of the structures that were
destroyed, of the total. Of that, I would estimate at least 50 percent of that total
were vacation rentals. That's point one.
Point number two, in trying to get that of who you are and what your needs are.
Federal Government in one of our meetings with them, an inquiry, it changed
from my time originally. In regards to reimbursement by FEMA (Federal
Emergency Management Agency), eligibility by FEMA, we were told point
clearly by FEMA that from hereon in, not meaning this started all but some time
ago I guess, no private entity of private subdivisions will be eligible for any
Federal grants. In short, we had to give the bad news to places like Kapoho
Page 20
FC -9
April 23, 2019
Beach Lots and some members of Vacationland, which were the two major
subdivisions, that their organizations would have to foot the bill, I think, except
for probably some other loan program, but not through FEMA, 100 percent of the
expenses of the road, from the water or whatever, private surveys, for the lots
et cetera. So you can see how this is really going to change the tone on what is
going to be developed or pursued in those private areas.
As far as the other type of programs that they're going to be pursued, it will be
heavily dependent on what the surveys will show on what the needs of the
residents are. So, I'll be happy to answer any questions.
CHR. DAVID: Thank you very much, Mr. Mayor. Council Member, questions?
Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. And thank you, Mr. Mayor, for giving us
the broad overview. In listening to your conversations, roads are first priority. Is
that correct?
MAYOR KIM: I'm sorry. Say again, sir?
MR. RICHARDS: In listening to your list of priority, getting our roads back is
your top priority. Is that correct?
MAYOR KIM: Top priorities, meaning those that are things that we are going to
address first, yes, sir. But in the ongoing thing, from the beginning it was trying
to get a good assessment on what the needs are.
MR. RICHARDS: Okay. One thing that I didn't hear you touch upon was the
economy and the concern for rebuilding our economy. Can you expand that a
little bit? Expand on that, please?
MAYOR KIM: I think, you know, I guess when I said top priority, that meant
$60 million in regards to rebuilding people individual's lives, which to me is all
part of the economy; some our business, some are not. But rebuilding people's
lives was number one priority from the very beginning. And obviously, included
things that we're not talking about the program, but as well as the shelter. But for
those of housing, finding housing and programs of that, that was priority number
one, and that is still ongoing.
Let me, if I may—sorry for the interruption. In regards to you know, there is an
individual. I don't think I should give names at this time for various reasons. But
we have been helping and working with someone trying to develop aI don't
know what to call it. Whether it be a center, or a tourist attraction, or information
center, and those stays in the Pahoa area, and that is ongoing. What I'm trying
Page 21
FC -9
April 23, 2019
say is, the ongoing that is a block of the economic development that has been
ongoing since day one.
But I would like to say here, so I don't mislead people. From the very beginning
it was a very, very difficult thing because of Federal requirements in regards
to not building or spending certain type of funds in Zones 1 and 2. As you know,
I guess of common sense, all of the areas that were inundated for the most part
was Zone 1, and that may be overlapping some on Zone 2. So when you deal
with that, you'll have to walk a fine line that you're not doing some really
long-term investment into these areas.
Even in County government, many, many residents have asked usa very
difficult decision, "Are you going to allow building?" Some people on one side
will say, "Why should the County government allow building when you are in
Zone 17 However, I think all of you know that the rules are, in County
government, or State government, or any government, imposes certain kind of
restrictions on their land that costs them finances. For example, prohibiting or
anyone from rebuilding in Zone 1, I think we've opened ourselves to liability in
regards to the value of that land. Those are the kind of things that had to be
discussed. Therefore, at this point and time, we've stated publicly that there will
be no, you know, support of any kind of increased density zoning for any property
that was inundated. But we will allow rebuilding if it is your private property.
Obviously, you must know all of the risks factor.
All of the areas that were covered is in either Zone 1 or Zone 2. And even worse,
as far as—and this was said in a Kapoho meeting two weekends ago, Hawaii
Volcano Observatory made it quite clear; and I'll quote what they've stated, "For
now, because we've passed this six-month period, this whole area has been
classified as Kilauea is in a quiet period." They are trying to be sure of the
accuracy of their words, they are forecasting that—they estimate it might be two
or three years or so before there is other activity in Kilauea. Which, by the way,
is a first time. Since 1983, there is no activity in Kilauea, which started in Pu`u
O`o, I think, in January of 1983. What they estimated also is they forecast or
predict no lower southeast rift zone eruption probably for the next—within the
next 10 years. And, I guess, the emphasis of the word was "within," meaning a
range. So you can see with that kind of forecast, it's very difficult to bring up
programs that encourages people and develop in this area.
MR. RICHARDS: Okay, and I do appreciate that, Mayor. You were talking
about areas of concern for rebuilding. But again coming back to my question,
concerning the economy. It would appear that our economy took a pretty
substantial hit. Though the physical damage was primarily done on east side, the
economy as a whole was hit island -wide. What I'm looking for is some thinking.
Some innovative thinking, that how are we going to stimulate that more?
Page 22
FC -9
April 23, 2019
Our Tourism Authority has received funding to help increase the marketing. But
it would appear that we have a shift in—and I'm hoping, I'm holding my breath
on this, that we have a shift in a visitor pattern coming to the Big Island. Plans for
helping to change that. You have something that you can discuss with us on that?
MAYOR KIM: I'm hesitating becauseI don't want to go into that now, but I
will. I think all of us have a different philosophy in regards to economic
development, what is good and what is not so good. I've always contended that
we should not put all of our eggs in one basket, and that is of the resort industry.
Realizing how important that is, but we should not put all of the eggs in one
basket as other counties has. You pay the price in various ways. One of the
baskets what we thought that would be good for this island is something you may
know, is developing Mauna Kea. It's a place of size and a place of education and
secondary businesses.
In regards to the volcano, the direct area, as I stated the example, working with
people in trying to develop a tourist information type of center, where people can
go. We are hoping that also to draw back. I think a lot of the drops of the tourism
here was because of Hawaii Volcanoes National Park, which is obviously stated,
it's a volcano national park. One of the tremendous drops is the kind of fear
factor that was developed nationwide and maybe even worldwide on what really
was happening, and what part of the island was or was not affected. Not to be
facetious or taken lightly, but if you constantly have to tell people that it was only
a spot in Puna and not the whole island in danger, I think that is well-known now.
I think one of the first stage that impacted our tourist industry, obvious one, was
the cancellation of a tour ship. Not wanting to come when it was perfectly safe
for them to come to Hilo and Kona, and within that, they canceled it. Shortly
thereafter, they did reinstate those tours.
As far as directly on Puna, I think Highway 132 opening, again, October will
open up quite a bit of sightseeing in regards to both Fissure 8 as well as of the
inundated area. I'm sure that will bring some back, but I don't think that's going
to be a huge percentage in comparison to the whole that was affected. But I think
the greatest thing that will draw people back to this island will be the reopening of
the Hawaii Volcanoes National Park, which was greatly affected. Not by the
flow itself, but for three reasons. One, the highways being affected by
earthquakes. Two, the subsidence of Halema`uma`u area, that caused great
damage to the infrastructure of Hawaii Volcanoes National Park as well as
Hawaii Volcano Observatory (HVO). Now that's settled and now that, you
know National Park is trying their very best to get the tourist industry back, and
they're being very successful on that. I think it would be beneficial to all of us to
focus on how even HVO, any rumors of that—going away to Oahu, which I find
very, you know, questionable, you know, why?
Page 23
FC -9
April 23, 2019
But anyway, I ask all of us to put efforts to make sure that they come back here.
Because even that, of size ( 9:01:16), was a draw to tourists. All of those
things are combined. But I think the greatest thing that kept people away was the
fear factor because of all of the publicity on the type gases, which we're truly
exposed to; the roadblock that we're not allowed into, including National Park,
including Hawaii Volcano Observatory. Obviously, including inundations areas
have all kind of settled, and I think we will hopefully see a comeback some, if
not, all of the tourists industry that we lost.
As far as your direct question, "What are we doing as far the business?" Well,
we're not doing anything very directly at this point except for those thatI told
you that we are doing in Pahoa. Hopefully, the tourists industry publicizing what
is available now, and hopefully the plans of opening up Highway 132 will be also
be an additional draw.
MR. RICHARDS: Okay, thank you, Chair. I'm going to yield at this point.
want to hear what my colleagues have to say.
CHR. DAVID: Thank you, Mr. Richards. Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. Thank you, Mayor, for joining us and
for providing the Council with a very, I think, broad overview of everything we
need to consider as we work together in partnership with all of us of government
and community to rebuild Puna and position Puna to be in a place where people
aren't just getting by, because, you know, it's rough out there, but where people
are able to thrive. I'm going to get to what my colleague, Council Member
Richards, brought up about wanting to energize the economy of the area.
But, I want to walk back a little bit. I'm looking at this communication, from
Mr. Richards, and it talked about the Legislative Disaster Aid Funds, the
$60 million. So $40 million is matching, it's a loan for Federal monies; and then,
the $20 million subsidy. Really, no strings attached, so this is a really wonderful
situation for us.
And in hearing you speak so eloquently about the importance of road recovering
restoration, which we all agree on, I have some questions because you're saying
that this $60 million is meant purely for roads. I feel very disconnected because
my colleague, Ms. Lee Loy, and I were just in a meeting with the Recovery Team,
specifically Diane Ley and Roy Takemoto. While roads are a priority, not all of
the money that has been provided to the County via the $60 million is meant for
roads. I'm wondering, is someone from the Recovery Team available to just
provide some clarification? And then I want to go back to some questions I have
about the cost of the roads. I see Allie (Alexandra Slous) in the back, next to
John Schneider. Allie, are you available to just provide some clarification?
Page 24
FC -9
April 23, 2019
MAYOR KIM: Before she—when she comes up, I will say—if I said that all of
the money was going to be used for matching, I did not mean to say that because
it's a 40/20. I said, "Right now the priority of use of those funds will be of
matching funds" in regards to the roads that we are heading into right now. But it
was not meant to say all of the money in priority will be for matching funds.
MS. KIERKIEWICZ: Okay, thank you for clarifying that, Mayor, because
that was one of the things that I had written down, was to get that clarification.
So yes, I think we are understanding and all on the same page now, that the
$40 million is to match Federal funds for that critical infrastructure.
(Note: At this time, Alexandra Slous, Kilauea Disaster Recovery Program
Coordinator, came forward to address the members of the Committee.)
MS. KIERKIEWICZ: Allie, is there any more that you want to share with the
Council on this?
MS. SLOUS: Sure. Well, basically I think, the thing to keep in perspective is
that there are two main timeframes that we're working within. There's the
immediate term, and that's making sure people's immediate needs are being met.
And then there's the long-term, which is over a period of time, getting clear and
clearer about what we need to do strategically to ensure that the economy does
not only recover, but it's ultimately—you know, the ideal is that it's thriving even
more than it was prior to the disaster.
In the short-term, I believe, probably what you're looking at, is a budget
breakdown that we've been discussing over the course of the last few months.
Allocating portions of the $20 million to different objectives, such as making sure
people are housed appropriately, getting funds into the hands of communities to
do the kinds of rebuilding that they need, and making grants available.
In the immediate term, through both working directly with businesses and through
the case management grant that we're about to stand up, we'll have a better
understanding of what the needs are so that we can make short-term decisions as
to how to apply those funds and get things kind of back rolling again.
MS. KIERKIEWICZ: Okay, that's helpful.
MS. SLOUS: Does that help? I'm sorry, I don't actually have the numbers in
front of me at this moment, but I can—if you wanted to go through each of those
allocations?
MS. KIERKIEWICZ: No, I don't think we need to do that. Director Ley and
Roy Takemoto were here in Kona last month, and they provided us this glimpse
into the breakdown of how they see the various pots of money being spent to
Page 25
FC -9
April 23, 2019
achieve the priorities that have been identified to help the community recover.
I'm okay with that because tomorrow we're going to have a more robust
discussion about the process and the plan going forward as it relates to Bill 36, the
$20 million subsidy from the Legislature. So thank you, Allie. Thank you for
being there and for providing that additional information.
MS. SLOUS: You're welcome.
MS. KIERKIEWICZ: Is there anyone from Publics or Finance available to
answer some questions? Because, you know, the Council recently approved
Bill 46, which allocated monies for Highway 132 work. So I'm just curious, if
we're needing to tap the additional $40 million from the Legislature to help pay
for this, beyond the $10 million that the County's already allocated as part of its
match for this funding. And why is it costing so much, $37 to $40 million? What
kind of road are we expecting? Is this like cub -gutter sidewalk, underground
utilities? I mean, this is a real diamond road.
MAYOR KIM: Well, thanks for the good question because I don't have the
answer why everything cost so much. The approximately range of $37 to
$40 plus, or maybe more, maybe less, is the best estimate we have now based on
just aerial survey. We'll have specifics maybe as we go along. Unfortunately,
that's it. Because we may run into things that aerial surveys or even ground
surveys will not show, when we run into a very large tube, a hot tube, or those
kinds of things. But as far as why, you know, I guess that's a standard question,
"Why construction?" Why things cost so much? It was the best estimates we
have at this time. Hopefully, as we go along, we will provide you all information
we have as far what it is costing as we go along.
MS. KIERKIEWICZ: Okay, I'm just curious as to where the cost estimate came
from for this $37 to $40 million. I see Steve Hunt there. So I'm hoping for some
clarification on the question I had raised, which was we've approved Bill 46,
which is dedicated for 132 recovery; that's $50 millions; $40 million from the
Feds, $10 million match from County side. And then we as a Council also
passed Bill 10, which is a little over $30 million. Again, there was that match
from the County side. One of the roads that was identified under that bill was
Pohoiki Road, 137, Lighthouse Road, those were the priority projects identified.
So I'm just wondering, we have this money that's been allocated for this work. I
understand that we need to do the engineering studies and get the permitting, but
are we not using those funds to restore those roads? Because I'm hearing a
littleI'm just hearing a disconnected piece of information today that caused
concern.
MAYOR KIM: I don't know what you mean by disconnect. But we'll give you
all the information we have as it comes along. One of the things, I think, it's
going to be a little, maybe disconnecting, is the fact that this Highway 132, which
Page 26
FC -9
April 23, 2019
is the first highway that's going to be—you know, a time to go through would be
a temporary road. The reason it's classified as a temporary road, it's going to be a
good road or highway, is because it's a Federal highway. If we meet their
requirements as far as condition and time, they will reimburse us eventually,
100 percent.
As far the condition of the road, it will be a good road but not a permanent type of
road. As for schematics, well, it's an important schematic because it's a bed of
money. This is not the permanent road, meaning back to its original design or
better. This is estimated, again, of $37 million. That's the best estimate we have
now. This is an estimate that isI was going to use the word "good," good in a
sense that it will be 100 percent reimbursable by the Federal government.
MS. KIERKIEWICZ: Okay, I get that, Mayor, but I the $37 to $40 million,
that's for temporary or permanent?
MAYOR KIM: I hate to use the word "temporary," but it's to qualify for the
Federal guideline of a temporary road. If it was a permanent road, I think the
design and everything going have to take much longer than we are taking now and
the degree of work we are doing now. It is a temporary road because that's the
Federal guideline of the type of road we're building. And the reimbursement
criteria to meet the temporary road conditions, we have to finish by the first week
of October, which is our goal, obviously to get 100 percent of it.
If you're going to ask the question, "Are we going to go for a permanent
reimbursement after that," that decision have not been made at this time. If you
ask me personally, "What is my decision on that," technically, I see no reason to
do that. But we are doing this to expedite this highway as fast as possible, as we
all know the patience of people wanting us to get it done. I feel this is the fastest
way and the best way because it's the financial interest of the County government.
MS. KIERKIEWICZ: Thank you, Mayor, for working so expediently with
Public Works and others within the County and State and Federal partners to
get it done.
Allie, if you don't mind, could I call Steve up for just a second, to provide the
clarification on the monies that the Council has received from the Federal
government through Bill 46, that's 132 restoration; and Bill 10, those are
2018 lava flow projects, and we've identified the priority list of roads? I just
want to better understand how those monies are going to be spent. If any of the
$40 million that are we are receiving from the State in the form of a loan is going
to be used as matched? I'm sorry to be so fussy about all of this. But after what
we discovered last week in our conversations with the various departments,
specifically Mass Transit and needing to make sure that we keep our eye on the
ball and submit and all the necessary paperwork for Federal funding, I just want
Page 27
FC -9
April 23, 2019
to make sure that we're clear about how the money is going to be spent so that
we're not in a position of spending it incorrectly and then having to pay it back.
(Note: Finance Deputy Director Steve Hunt came forward came forward
to address the members of the Committee.)
MR. HUNT: Steve Hunt, Deputy Director of Finance, for the record. Thank you
for the question, Council Member Kierkiewicz. I don't think I can speak to that
as it is very fluid at the moment. I know with the alternative, 428 ( 9:14:22
part 2) Project, some of the work that Public Works is doing, in terms of
identifying the roads, involves studies through LIDAR (Light Detection and
Ranging). Original information that came through either pictometry or drone
work to take measurements was not accepted by FEMA.
In terms of the $40 million that we're speaking about for the match, until I see a
final plan from Public Works, I can't commit one way or another whether those
funds may or may not be used for match, for Federal funds.
MS. KIERKIEWICZ: Okay, thank you, Mr. Hunt. Thank you, Mayor. Chair,
I'm going to yield at this time.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you, Chair. Thank you, Mayor, for being here. And I
agree with Ms. Kierkiewicz, there's seems to be a disconnect. Maybe you might
not feel so, but it's related to the communication. It was related to Legislative
Disaster Aid and Funds.
Mr. Richards and Ms. Kierkiewicz knows this, we're going to have a very robust
discussion tomorrow about where the monies are going. If I could encourage that
maybe we postpone this communication, because I truly believe that in
tomorrow's conversation there will be more context of how the monies are being
spent, and we will actually have our Recovery Team present.
But I also would like to ping the Department of Public Works to stand ready for
Ms. Kierkiewicz's questions as a it relates to Highway 132, and what type of road
that would look like; and also, Pohoiki Road, and how many miles are being
paved or reconstructed in some shape or fashion. And to stand ready with that
type of information for us tomorrow, if it's okay. I'm really struggling, because
like Ms. Kierkiewicz, we're trying to bring clarity into a very complex situation.
I'm rather concerned that this may have just muddied the waters a little bit. So,
Mr. Richards, if you don't mind, please?
MR. RICHARDS: Chair?
Page 28
FC -9
April 23, 2019
CHR. DAVID: Yes, go ahead, Mr. Richards.
Motion to Postpone: Mr. Richards moved to postpone Comm. 225 to
May 7, 2019. Seconded by Ms. Lee Loy.
CHR. DAVID: Any discussion on the postponement?
MR. RICHARDS: Yeah, I think, actually the timing of this work out quite well
because we'll have the robust discussion tomorrow, and then we can have a
follow-up conversation in two weeks, so I think this would be a good evolution of
time. So I appreciate that, Ms. Lee Loy, for bringing that up.
CHR. DAVID: Chair Chung.
MR. CHUNG: Yeah, thank you. Yeah, you know, I don't really know if this
germane to our motion. Yeah, I actually wanted to thank the Mayor. You know,
even if it was a brief presentation, and it could use more refinement, I've got to
say that's probably the clearest articulation of a plan that we've gotten from the
administration. And I reallyI'm not saying that facetiously. I really do
appreciate that.
With regard to, and if I may for just one minute, the economic component. You
know, I've heard from quite a bit of people. Actually, not only from Puna but
from outside of Puna, who are saying that this is a real time to revisit our view of
how things could be in the Puna area. They're talking about the possibility of a
resort designation; I know that kind of goes counter to what the Mayor talked
about. From all accounts—and I haven't been there to see this, but I understand
that there's some marvelous beaches that are popping up along that coastline.
You know, it's really time that maybe we start to revisit how we look at that area
and how we can move ahead some economic development. But I'm going to
leave that up to Ms. Kierkiewicz, of course. That is her district. But I've heard
people talk about that, so I think we should look into it. Thank you.
CHR. DAVID: Thank you for that. Ms. Lee Loy, on the postponement.
MS. LEE LOY: Thank you. Just to help Chair Chung understand a little bit.
He's absolutely right. Some very bad land use decisions were made in the past
as it relates to Puna. So, we do have an opportunity here to reimagine Puna.
What Mr. Chung talked aboutI think tomorrow's conversation, and I think
Ms. Kierkiewicz would agree with me on this, we see it as more of an opportunity
of walking forward rather than walking back. Because it would be sad that we
would try and get back to the same requests that the Puna community has been
asking for, which is better infrastructure or better opportunities, whether it be
economic or opportunities for our farmers, our keiki, our kupuna. So on the
postponement, I want to support that, Chair. Thank you. I yield.
Page 29
FC -9
April 23, 2019
CHR. DAVID: Thank you, Ms. Lee Loy. Chair Chung.
MR. CHUNG: Yeah, and I just wanted to make one clarification, less, people
think that we might be out of our mind. You know, with the beauty of having
a resort development down in that area is this, it's in a disaster area and could
be inundated with lava in the future. But from all accounts, based on what
Mayor Kim told us, you know, we have a window, and with these types of
developments, we're looking at return on investment. These returns on
investment are short -window. I mean, you don't have something existing there
for 20 or 30 years. They ca recoup their investment within three years, possibly if
it's done right, and hat's why this might be the most suitable use for those areas.
Anyway, that's what I've been told. Thank you.
CHR. DAVID: Thank you, Chair Chung. On the postponement, I get that was
your discussion on the postponement. Okay. Alright. Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Ms. Lee Loy, for bringing up something very
important, which is, let's wait until tomorrow to talk story with the Recovery
Team. To get clarity on the process, because that's what we've pushing for, is
just increase transparency for how all of this money is going to be spent because
we want to be accountable for all of that.
You know, earlier this morning we had a nominee to the Merit Appeals Board,
Melvin Ventura. One of the details about this gentleman was that he was a
graduate of Pahoa High School, but now he lives in Kona. I wish he was here so I
could ask him, "Hey, Melvin, how come you not living in Puna; why did you
choose to relocate to the west side," and I think it's because he felt, perhaps, there
wasn't the economic opportunity that he saw here in West Hawaii. I do want to
stress upon the fact that with what Mr. Richards brought up and Chair Chung was
elaborating on, this really being an opportunity to architect the Puna that we've
always wanted, and so, not wanting to squander that. So, Madam Chair, I support
the postpone and I look forward to a discussion on this further. Thank you. I
yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. If no one else has any comments,
then all those in favorI'm sorry, Mayor, go ahead.
MAYOR KIM: No, not on the motion. I just wanted to give the appreciation.
I'll wait till the motion is the vote is over.
CHR. DAVID: Okay, thank you very much for that. Now, we'll go ahead with
the vote on the motion to postpone Communication 225 to our May 7 1 Committee
meeting. All those in favor please say "aye."
Page 30
FC -9 April 23, 2019
Vote on Motion to The motion to postpone Comm. 225 and all related
Postpone: communications was carried by the following voice vote:
(Approved)
Ayes: Committee Members Eoff, Kierkiewicz, Lee Loy,
Poindexter, Richards, Villegas, and
Chair David – 7.
Noes: None.
Absent: Committee Members Chung and
Kaneali` i-Kleinfelder – 2.
Excused: None.
CHR. DAVID: I believe that brings us to the end of Finance. Mayor, please go
ahead with your comment.
MAYOR KIM: On roadways and highway's repair, which as we know, quite a
bit of understandable anxious to some people to go back. When discussion was
held on how and when we can do things, one of the most concentrated people that
were in Kipukas or pockets, it was not affected by lava flow, was off of Highway
132. And when PGV (Puna Geothermal Venture) came to the office, wanting to
know what the process or procedures for them was to go ahead with a private
roadway, they were told like any other resident, "If it's your private roadway, you
can do what you want as long as you follow the regular permits."
At that time, a request was made from the represents of PGV, that included
owners from Israel, that request was made. It's impossible that if you are going to
do this—and Mr. Lyman was there giving them permission to go on his private
property, "Is it possible to allow citizens that could ingress -egress off of your
roadway or highway to their private places?" They said they would try. And not
only did they try, they developed a very good monitoring and permitting system.
So right now, the vast majority of people whose kipukas were not damaged by
lava flow has gained access to the generosity of PGV.
CHR. DAVID: Thank you very much, Mr. Mayor.
ORDER OF The Chair directed the Committee to proceed to the next order of business,
RESOLUTIONS: Communications.
(Item for this category was taken up previously, out of order.)
BILLS FOR The Chair directed the Committee to proceed to the next order of business,
ORDINANCES: Bills for Ordinances..
(Item for this category was taken up previously, out of order.)
Page 31
FC -9 April 23, 2019
BILLS FOR The Chair directed the Committee to proceed to the next order of business,
ORDINANCES. Bills for Ordinances.
(Item for this category were taken up previously, out of order.)
ADJOURN- There being no further business, at 12 04 p.m., Ms. Lee Loy moved to adjourn
MENT the meeting. Seconded by Ms. Villegas and carried by the following voice vote:
Ayes: Committee Members Eoff, Kierkiewicz, Lee Loy,
Richards, Villegas, and Chair David — 6
Noes. None.
Absent: Committee Members Chung, Kaneali'i-Kleinfelder,
and Poindexter — 3
Excused: None.
CHR. DAVID: We are adjourned. Mahalo, Council Members.
Approved:
Ms. Maile Medeiros David, Chair
Finance Committee
MD/na
�S /3 -1oi�
(Date)
Page 32