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HomeMy WebLinkAboutMIN FC 2019/05/07 2018-2020Committee on Finance loth Session West Hawaii Civic Center 74-5044 Ane Keohokaloele Highway, Building A Kailua-Kona, Hawaii May 7, 2019 CALL TO The regular meeting of the Committee on Finance was called to order at ORDER: 2:03 p.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 Ms. Karen Eoff, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Ms. Rebecca Villegas, 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: Abalghassem Abraham Sadegh: Susan Kim: Smiley Burrows: Debra Smith: Steve Holmes: Comm. 263, comment. Comm. 225, comment. Comm. 225, comment. Comm. 225, in support. Res. 155-19 (Comm. 254), in support. Charles Grigsley: Comm. 149, in opposition. FC -10 COMMUNI- CATIONS: Leslie M. Ijima: (representing Democratic Party, District 7, Precinct 2) Maile Melrose: (representing Friends of Amy B. H. Greenwell Ethnobotanical Garden) Kealoha Manaku: (representing Friends of Amy B. H. Greenwell Ethnobotanical Garden) May 7, 2019 Comm. 149, in opposition. Res. 155-19 (Comm. 254), in support. Res. 155-19 (Comm. 254), in support. CHR. DAVID: So, that concludes our public testimony. Mahalo for testifying this afternoon. I'm closing the public testimony section. Mr. Clerk, can we move on to Communications, please? The Chair directed the Committee to proceed to the next order of business, Communications. Comm. 10.10: REPORT OF CHANGE ORDERS AUTHORIZED: MARCH 1 — 15, 2019 From Finance Director Deanna Sako, dated April 5, 2019, transmitting the above report pursuant to Hawaii County Code Section 2-12.3. Vote on Comm. 10.10 Filed Mr. Kaneali`i-Kleinfelder moved to close file on Comm. 10.10. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 9. Noes: None. Absent: None. Excused: None. Comm. 10.11: REPORT OF CHANGE ORDERS AUTHORIZED: MARCH 16 — 31, 2019 From Finance Director Deanna Sako, dated April 18, 2019, transmitting the above report pursuant to Hawaii County Code Section 2-12.3. Page 2 FC -10 Vote on Comm. 10.11: Filed Ms. Villegas moved to close file on Comm. 10.11. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 9. Noes: None. Absent: None. Excused: None. May 7, 2019 Comm. 11.9: REPORT OF FUND TRANSFERS AUTHORIZED: APRIL 1 — 15, 2019 From Controller Kay Oshiro, dated April 17, 2019. Vote on Comm. 11.9: Ms. Poindexter moved to close file on Comm. 11.9. Filed Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 9. Noes: None. Absent: None. Excused: None. Comm. 57.1: THIRD QUARTER CLAIMS REPORT: JANUARY 1 — MARCH 31, 2019 From Claims Investigator/Adjustor Clifford D. Victorine III, dated April 10, 2019, transmitting the above report pursuant to Section 2-9 of the Hawaii County Code. Vote on Comm. 57.1: Ms. Poindexter moved to close file on Comm. 57.1. Filed Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 9. Noes: None. Absent: None. Excused: None. Page 3 FC -10 May 7, 2019 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, and April 23, 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. Council Members? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I think over the last five months my colleagues have seen that I've really tried my best to elevate conversations about our budget process, pushing for transparency and accountabilities. It's especially clear after our Special Finance meeting in April that we need to review our financial procedures; however, this particular vehicle may not be right one. And for the record, I see that there's someone here in the room that testified against this, but I just find it really ironic that you're pushing for a lot of the same things that we are trying to discover through this subcommittee. The Committee members have not met; I want to make that very clear for record. None of the Committee members for the budget ad hoc have met. And after consulting with Corporation Counsel and OIP's (Office of Information Practices) letter, the timing of our effort, that doesn't work, as well as my creative and innovative machination to try to make this pig work more efficiently. We as a Council are not subjected to a lot of the rules—we are subjected to the rules that are counterparts at the State level are not subjected to. State Legislators do not operate under Sunshine Law. We do. Page 4 FC -10 May 7, 2019 That said, after hearing from my colleagues, I think it's best that we dissolve this body for this time; however, I'm not deterred, and I've made that very clear. I do have plans to tackle our financial procedures, but after this budget process is over, and I've had a chance to meet with Finance Director Sako and the administration. I want to bring up an article that ran in Sunday's Tribune Herald, and it was about a 1992 solid waste contract that we are going to be discussing today. In it, attorney Brian DeLima, former Council Member, made something that we have been talking about as Council Members, and that is, "We make piecemeal decisions without taking a holistic approach." And now look at what we're paying for decades later. That, my good sir, is what we are trying to address. Bottomline, we need a budget process that encourages achieving a holistic vision for our island. We need to budget for outcomes, and to align public dollars, strategic investments, and what the public wants so that we can achieve priority outcomes. So again, Chair, I'm going to yield at this time. I'd like to hear from my colleagues, but at the end I would like to make a motion to dissolve the budget ad hoc. Thank you. I yield. CHR. DAVID: Thank you very much, and thank you for what—anyone else? Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you, Chair. First of all, I really do want to commend my colleague Ashley Kierkiewicz. When I stepped onto this Council two years ago, I found the budget process extremely frustrating and siloed. The first year, when you get into it, there's so much to learn. You get the first draft and then you get the second draft, and you have the better part of just four weeks. Four weeks to give the community what they're asking for, which is more efficient government, transparency, less taxes; but there is no time. And because—and I honor the Sunshine Law. That particular meeting, and I'm looking at the rest of my colleagues, we went till midnight. The deadline it took to pass that budget that very first year. It was horrible, nothing short of horrible. At that time, it was a $500 million budget. And to make a decision on $500 million, half -a -billion dollars, in four weeks made no sense to me. Second year, same thing. And here we are again with another budget process, and we saw a $10 million increase. And again now, we have to make a decision on what we do with that money. Do we dial back taxes? Maybe. But we ran out of time because we don't have time to do a public hearing, and if we do, we have to rush it. I'm a firm believer, good information helps us make good decisions. And with the budget process, the way it's outlined in the Charter, just lends itself to this rush decision-making. Page 55 FC -10 May 7, 2019 So again, Ms. Kierkiewicz, thank you. Thank you for having the courage to spark a different conversation because that's what we need to do. We need to do it differently. And I stand ready, like I've always said, to do it differently. And if it means tackling the Charter and amending how we move through the budget process throughout the year or dial back our deadlines on when real property tax adjustment can be made and planned for; or even a biennium budget, just like the State does, where we would set it for two years. We can watch the Legislature have them set their priorities, set their budget, and then we can follow because we'll know what type of funding we will be getting from the State. And then, create synergies down here at the County level so that we can efficiently and effectively deliver to our constituents, the taxpayers. I will be supporting the dialing back of the permitted interaction group. I'm going to stand ready to do it differently. But I also invite our community to come in and help us look at a different way to achieve what they want, which is a more effective and more efficient government. Chair, I yield at this time. CHR. DAVID: Thank you, Ms. Lee Loy. Chair Chung. MR. CHUNG: Thank you. You know, prior to us receiving this written testimony from Mr. Grigsby (see Comm. 149.6), just coincidentally I was laughing with our County Clerk this morning about this same provision that you provided to all of us, the Declaration of Policy and Intent of the Sunshine Law. and I told Jon (Jon Henricks), "This makes me laugh." I said, look at this, "The Legislature declares that it is the policy of the State that the formation and conduct, the public policy, the discussions, deliberations, decisions and action of governmental agencies shall be conducted as openly as possible." And then a few paragraphs later, they created exemption for themselves. I thought was kind of funny. So anyway—but let's get to the Sunshine Law, and an even more overriding principle of government. We all want to do things that are open, transparent; I think we've all tried to adhere to those principles. But there is something more important than all of that and that is our responsibility to the people. Our responsibility is to make good decisions made on sound information. Sometimes those two principles clash. Remember, the overriding principle is we have to make good, responsible decisions. What Ms. Kierkiewicz and Mr. Richards did in pushing for an ad hoc committee was to take a closer look at our budget which over the years has been a very vexing principle as Ms. Lee Loy pointed out, because of the time constraints that we're dealing with, particularly because of our Charter requirements, which requires the Mayor to submit an amended budget to us, on May 3rd, or 5h, or something like, which again gives us only a month to prepare. With agendizing, doing all of these things, we've got only two cracks at Page 6 FC -10 May 7, 2019 this. It's very tough. So Ms. Kierkiewicz and Mr. Richards' hearts were in the right place. What happen here was our Corp. Counsel, who's heart is also in the right place, told us that the process by which we are trying to achieve this probably would have run a foul of the Sunshine Law. But let's make one thing clear, we've never violated the Sunshine Law because we never moved forward with this ad hoc committee. After being advised by Corp. Counsel, we waited. Corp. Counsel sought an opinion from the Office of Information Practices on Oahu. They came back and said, it's probably flawed our, process. But it's not for lack of trying, right? We just wanted to make good decisions and get more information. You know, I appreciate Mr. Grigsby coming here. That's your first time you said, right, coming before us? No. I'm making a comment now. So, you know, I think—you know, based on what I've read, you didn't read your whole testimony. But the last one, on this one—and it was—you know, I wasn't expecting your pleasant testimony earlier. Because this last thing was not very nice, "It is clear to me that this set of Councilors is not adequately committed to performing its work in the publics view." We are. Every single one of us, okay? We stopped everything in motion as soon as we thought we would be in violation. So, I'm kind of concerned. You said you became aware of this information. I think whoever made you aware of it, you should go and talk to them and tell them, "Hey, I want correct information next time." That's all. You know, I'm going to be supporting the, what is it, the disbanding of the ad hoc committee, yeah, the dissolution. But I really think this is something that merits more discussion going forward. And at some point, we will find the correct formula. I think I did state on a previous occasion that this is going to be a work -in -progress. But we've got to get there somehow because the public deserves more scrutiny on our budget, instead of having something come to us and we've just proforma say, "Okay, let it go." That's not doing anybody any good. Thank you. CHR. DAVID: Thank you, Chair Chung. Mr. Richards, go ahead. MR. RICHARDS: Thank you, Chair. Actually, thank you, colleagues. You've already stated some things that I will echo. First of all, to Ms. Kierkiewicz for taking a swinging through the fence as far as with the ad hoc committee. This is no secret to anyone that I have been dissatisfied with our planning process with our budget for the last several years. The silo legislation that we seem to lock ourselves in and then bind our hands to go forward bothers me a lot. When l took office in 2016, our budget was $461 million. Now it's presented, was $573 million, but then on Friday we found it was $583 million. We have had Page 7 FC -10 May 7, 2019 about a 27 percent increase in our budget in two years, and if that's not giving pause to the public it should, because I'm deeply concerned. Now, things have changed, I'm not saying they haven't. But my concern is we don't do it in a cohesive and comprehensive and a more global aspect when we look at our budget; our expenditures, our revenue sources and going forward. Former Councilman DeLima was succinct in his description of our process. Though I am reluctantly going to support the disbanding of the ad hoc, the paradox is the ad hoc is actually a signalment of transparency because we're trying to be transparent about trying to get a meeting going. And, I'm all for transparency. I am all for going forward with that. I'm also for efficiency. I've got no problem in sitting down and talking story. I don't people totally understand the function of an ad hoc committee. It's not a voting block, but that's okay. We'll find another way to make sure we have the meetings. Because again, paradoxically, our budget has increased substantially, and we are not having enough scrutiny of that. Now, that being said, this year was a shift. I want to thank Chair Chung for bringing forth the supplemental budgets which allowed us, going through the process to turn things up, that I don't think anybody on the Council is very happy about. Those re the kinds of things that I would've expected to discover going through further discussions, further processes. But we're under a very short timeline here to get this thing reviewed and approved. And now that we have another $10 million to consider, once again we're doing same thing and expecting different outcomes, which is the definition of insanity. I'm not happy about it. I will support Council Woman Kierkiewicz's direction. We're going to have to change it because what we are doing now is not good for the County, it's not good for the people, but it's what we've got. So with that, I will yield. Thank you. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Council Members? Seeing none—yes, I'd also like to thank Ms. Kierkiewicz for voluntarily abiding by our recommendation from OIP (Office of Information Practices) and Corporation Counsel. And I think all of us that sit here are very, very committed to our legal process because we are the Legislative Branch. I'm happy that we've all come to this mindset that no matter how good our intentions, we're all bound by the law and the process. So I thank Corporation Counsel, and I thank Office of Information Practices. I really commend Ms. Kierkiewicz on your creativity, and I think you will find a way that we can do within our boundaries of legislative lawmaking and that sort of thing. So I really appreciate everybody's input in this very, very important issue. Mr. Clerk, is it a motion to—or just Ms. Kierkiewicz withdrawing? Page 8 FC -10 Vote on Comm. 149 Filed May 7, 2019 MR. HENRICKS: Yeah, I think it's on the record that there is no ad hoc committee. So I think just take a vote to close file. CHR. DAVID: To close file. MR. HENRICKS: Just take the vote for the motion that's on the floor, and we'll be alright. CHR. DAVID: Okay, and it will be—and just for the record, when we close file it means that we will be disbanding MR. HENRICKS: Correct. CHR. DAVID: or dissolving the ad hoc committee. And I just wanted to note that. MR. HENRICKS: Because the typically process is we keep the communication alive, to provide for the committee to report back. CHR. DAVID: Yes. MR. HENRICKS: So if the communication is gone, it's on the record that, you know, there will be no ad hoc committee. That should suffice. CHR. DAVID: Right. And I think that's clear, once we make that distinction in our discussion. So, Council Members, all those in favor of closing file on Communication 149 and all related communications please say "aye." The motion to close file on Comm. 149 and all related communications was carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Thank you. Clerk, thank you for reminding me. I'm sorry, Ms. Bautista. I'm going to take those two nominations out of order before we move forward with the agenda, so could you please come forward? Page 9 FC -10 May 7, 2019 (Note: At this time, Executive Assistant to the Mayor Rose Bautista and Nominee Guillerma Galdones Sumera came forward to address the members of the Committee.) Change Order of As directed by the Chair and with objection from the Council Members, Business: the following items were taken out of order. CHR. DAVID: Mr. Clerk, could you read in Communication 262, please? Comm. 262: NOMINATION OF GUILLERMA GALDONES SUMERA TO THE PENSION BOARD From Mayor Harry Kim, dated April 18, 2019, submitting for the Council's review and confirmation of the above nomination. Requires Council Confirmation by: June 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on Comm. 262: Ms. Poindexter moved to recommend confirmation of the (Approved) appointment of Ms. Guillerma Galdones Sumera to the Pension Board. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 9. Noes: None. Absent: None. Excused: None. Committee Members spoke in favor of the appointment. Chair David informed Ms. Sumera that she does not need to appear at the Council meeting for final confirmation of her appointment. Comm. 263: NOMINATION OF BENSON PHILIP MEDINA TO THE SALARY COMMISSION From Mayor Harry Kim, dated April 18, 2019, submitting for the Council's review and confirmation of the above nomination. Requires Council Confirmation by: June 1, 2019 (Section 13-4(1), Hawaii County Charter) Page 10 FC -10 May 7, 2019 Vote on Comm. 263: Ms. Villegas moved to recommend confirmation of the (Approved) appointment of Mr. Benson Philip Medina to the Salary Commission. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 9. Noes: None. Absent: None. Excused: None. Committee Members spoke in favor of the appointment. Chair David informed Mr. Medina that he does not need to appear at the Council meeting for final confirmation of his appointment. CHR. DAVID: Alright, Mr. Clerk, I guess we can go back to our agenda, which is Communication 225. Return to Order The Chair directed the Committee to return to the order of business. of Business: 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. Postponed: April 23, 2019 (Note: There is a motion by Mr. Richards, seconded by Ms. Lee Loy, to close file on Comm. 225.) CHR. DAVID: Thank you. Mr. Richards, go ahead. MR. RICHARDS: Thank you, Chair, and thank you for keeping this open. I'm looking to see who we have in Chambers in Hilo. CHR. DAVID: I believe we have Director Ley who is going to be here. Yes, I think she's coming up to the table. (Note: At this time, Research and Development Director Diane Ley came forward to address the members of the Committee.) MS. LEY: Good afternoon, Committee Chair and members. Page 11 FC -10 May 7, 2019 MR. RICHARDS: Okay, thank you, Director, and thanks for being here. As was initially stated, I guess a month ago now or maybe more, when this was first put on the agenda, we have asked for a plan coming forward from the administration. When we received this relief package from the Legislature, it was very clear that we needed to have oversight from the Council as we move forward with this. I think there's a little bit of crossed wires at the last meeting where we weren't able to get a the Mayor wasn't supported by the staff. Director, if you could bring us up to speed on where we are with this. And I'm going to look to Council Women Kierkiewicz and Lee Loy because they've been championing this. I brought this forth because I was part of the team that worked on getting the funding here, and I wanted to be sure that our legislature knew we were trying to be very fiscally -minded as we went forward. So as we go forward, please, Director; and then I'm going to ask Council Women Kierkiewicz and Lee Loy to step into the conversation, as well. Go ahead. MS. LEY: Okay. Well, thank you for this opportunity. I wasn't quite clear what the expectations were. Several weeks ago, I believe it was a month ago, Roy Takemoto and myself presented to the Council an overview of where we're headed with this, with this interim strategy, and a snapshot as to what the intention is for expenditures for both the $20 million from the State Legislature as well as the money that the Governor had appropriated $10 million with additional support from FEMA (Federal Emergency Management Agency) and EDA (Economic Development Administration) grants. So that was the near-term overview which included initiatives to get people home, to get people back to work, to take care of our keiki and our kupuna; and to build—well, it should say accelerate community-based recovery as well as building recovery capacity overall in the short term. So those were the primary areas where we have detailed provided an overview of what we intend to move forward on. We are very flexible about that, but we believe that we have solid justification. And then on the long-term recovery, well, no decisions have been made. We're targeting buckets of funds to direct our work as we go forward. MR. RICHARDS: Okay, thank you, Director. Thanks for the overview. I'm going to invite Council Women Lee Loy and Kierkiewicz to step in. I've got some questions, but they may be covered. CHR. DAVID: Thank you, Mr. Richards. Who wants to go first? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. Diane, I wonder in the last month since you and Roy were before the Council if any adjustments to the short-term priorities has been made. I think you heard a lot from myself and my colleagues Page 12 FC -10 May 7, 2019 as to what we'd like to see because that's what we're hearing from the community. So I'm wondering if any adjustments have been made. MS. LEY: Okay, well, I believe there were concerns about focus on getting people home in terms of some of the proposed expenditures for housing. I would just say that one of the key initiatives that the County has been working on is in securing the case management grant from FEMA, and then putting forward the process, both positions in the County to manage that $1.7 million grant. But also, to put a Request for Proposals out. I'm sorry, I don't believe that was a correct vehicle. But anyway, to solicit proposals for an entity to manage the case management. The case management will basically reach back to all of the parties, families that were impacted that signed up through FEMA, through the various social service entities in our community, reach back to them and ask them, what are their needs, what are their needs going forward, and their plans. So through that, we will be able to better identify what the needs are for housing, where people are looking to live, what additional social services they may need. We may end up finding out a little bit more about what their business needs are. So we'll be able to lift up a lot of inform our process going forward, and where we can come back to the Council and discuss with you about expenditures related to housing as well as other initiatives so that's, I guess, the big adjustment I think. MS. KIERKIEWICZ: Okay. Director, since you MS. LEY: Excuse me, it wasn't necessarily an adjustment. It was just that, you know, we recognized that's a concern that was lifted up. MS. KIERKIEWICZ: And it still remains a concern. So you brought up the case management contract and, I think the question that's on everyone's mind is where are we with the merging of the various databases? I know that there is a lot of data to compile. Different software, hardware that all needs to be merged, and I think that's a really critical component to how we move the case management contract and work forward. MS. LEY: We have been working on that for some time now. Part of the issue, and sorry I don't know the technical terminology, but our IT (Information Technology) department basically doesn't have the framework capacity there to do the work, so we are exploring all options with IT. You know, this is the purpose behind having these relief dollars from the Governor. We can lift up and put in place, if it's equipment, if it's personnel, contractors, we need to build the capacity of this County to respond to these needs in our community. This is something we do on a regular basis. It's not something that's built into our system. This is a large disaster, so we've got to be able to lift it up, and that's what these dollars are there for. We're working closely with IT on that right now. Page 13 FC -10 May 7, 2019 MS. KIERKIEWICZ: Do you have timeline that you can share with the Council today, or our next meeting is more appropriate? You know, I feel like I'm at a position where I need to create a resolution or something that really maps out what our short-term priorities are, and the kinds of programs that need to be stood up in order to get us there. So is there something that you can offer us today or at the next meeting? If not, I'd like to take it upon myself to maybe work with you. My colleague Sue Lee Loy and I, we've been working together, going to the Legislature, getting the dollars home. I think we need to see a timeline and to really articulate what the outcomes we want to see are. That way the community is very clear on the plans that the County has to really regenerate, rejuvenate. MS. LEY: Okay. Well, I think for the—we can definitely work on that over the course of the next month for theI think we have most of the pieces in place for the near-term recovery efforts. The longer-term recovery efforts, you know, that—you know, as we've lifted up recently, you know, no decisions have been made on that, and we are working diligently to bring forward all of the information that we have gathered to date along with lifting up additional information from the community, from analysis on hazard and risk mitigation, a risk assessment and a vulnerability analysis, we'll lift all those pieces up and we'll come forward with a longer-term recovery strategy, as well. On the near-term, we can do that, within the month. MS. KIERKIEWICZ: Is anyone from Public Works at the Hilo Chambers to talk about monies for the legislative updates? That I'm hoping some internal conversations have happened regarding Highway 132 restoration, and some enlightening conversation we had at our last Council meeting with regard to some potential Code changes. (Note: At this time, Public Works Director David Yamamoto and Deputy Director Alan Simeon came forward to address the members of the Committee.) MS. KIERKIEWICZ: Hi, Director Yamamoto. Nice to see you. MR. YAMAMOTO: Hello, Council. Yeah, just an update. I believe waiving of the grading permit was really never the real issue. The real issue was the SHPD (State Historic Preservation Division) consult that we are required to do, and that is usually tied with the grading permit, in just the typical fashion when others try to—when they apply for a grading permit, SHPD wants to have a review of the grading. So that's where it gets tied to the grading permit. We basically were waiting for SHPD to give us their approval to proceed with the grading and the work that we intend to do on 132. From what I understand, we just got word that SHPD did approve our consultation, so now we're going to be submitting the Page 14 FC -10 May 7, 2019 grading permit along with the consultation to Planning, and from there, also to the Department of Health. MS. KIERKIEWICZ: That is most excellent news, Director Yamamoto. Thank you for staying on it and for putting that pressure. So can you just remind us of what the timeframe and the process is now? MR. YAMAMOTO: Okay. The survey data is done. They completed retrieving the data. Now it's basically downloading the data to create a topographic map, and from there they'll turn it over to us to where we can design the roadway profile, and cut and fill sections. That is expected—in about two to three weeks, they expect to be able to deliver the survey and all the topographic data to us to input into our software and create the design for the road. So we are anticipating possibly starting with construction in June. MS. KIERKIEWICZ: That's music to everyone's ears. Thank you, I really appreciate that. I know my phone's going to be blowing up shortly from the community. Very excited about how you've really made this a priority, so I thank you. I'm going to yield at this time. I think my colleagues might have some questions for Director Yamamoto or Director Ley. I know I have a bit more, but I just want to yield at this point. Thank you. CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you, Chair. Thank you, Mr. Yamamoto, and staying in context with Highway 132. You know, we had a robust discussion about using the waiver process, and I was able to communicate with Director Yamamoto on my understanding of the Code. If you don't mind, Mr. Yamamoto, sharing just some other—or new information that we were able to utilize as far as working with the State Historic Preservation Division. There is a provision in Hawaii Administrative Rules, that if SHPD does not respond to a Letter of Determination on whether historic sites or properties are affected within 30 days, they can move forward. We did give them a little bit more time. But I'm glad to hear that letter was another nudge to kind of streamline that. Mr. Yamamoto, can you explain that a little better? Just because I think for transparency purposes, and clarification purposes, the community really felt like nothing was getting done. But here's an opportunity, Mr. Yamamoto, for you to express how we were looking at all the different lanes available to us. MR. YAMAMOTO: Yeah, correct. Yeah, the SHPD consult, for the initial consultation they have 30 days to respond to the Request for Determination and if they don't respond, we do have certain leeway on proceeding with the work that we had proposed. However, in looking at where we were and as far as getting survey data and being able to actually start within—feel as though—we wouldn't be able to start anyway being that we didn't have a design to start with. Page 15 FC -10 May 7, 2019 So we were kind of using the various timelines and looking at what was the critical path, which was at this point the survey data, and hope that we had gotten the SHPD consult result before we were ready, actually ready to proceed with the construction. And it turned out that way, where SHPD has now given us their approval to proceed. We still have to wait a few weeks, couple weeks, before we can actually start breaking ground. MS. LEE LOY: Thank you, Mr. Yamamoto. Also, to that process, and Mr. Kaneali`i-Kleinfelder mentioned this, that it is a public right-of-way, we would be exempt. So, that really sparked just putting our heads together. I want to talk a little bit about some Code amendments. I believe that the waiver process is still available to us; that we can use that. But as I worked with Mr. Yamamoto, there was some definition specifically of a temporary road that's not contained within our Code. And so maybe at some future date, we might want to enhance sections of the Code to start addressing some of these emergency needs, so whereby again it will be another tool in the tool -belt for future use. You know, whether it's flooding, or a hurricane, or earthquake, we will now have a definition of what a temporary road looks like or what that would entail. That would give the Department of Public Works a little bit more latitude to start expending emergency funds in an expeditious way. I wanted to share that just because I know there's a lot of moving pieces for my colleague, Mr. Richards. It has been really challenging, but we have to do these conversations right here. So, Mr. Yamamoto, thank you so much. Thank you for updating us on Highway 132. Like Ms. Kierkiewicz said, I think her phone is about to blow up. I yield, Chair. MR. YAMAMOTO: You're welcome. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Mr. Richards, go ahead with your follow-up. MR. RICHARDS: Okay. Thank you, Chair. Ms. Ley, one of the things I haven't heard though and I'm deeply concerned about is our working on repairing our economy. Can you articulate some of the plans and programs coming forth as it pertains to economic rebuilding? Some of the economic projections currently for our State, for our County, are troubling. Just want to hear what the County is doing. What are we doing on that? MS. LEY: Sure. Okay, so back in May of last year, early June, while the eruption was still going on and most people were in recovery focus, R&D (Research and Development) stood up one of our final grants for the year. We contracted with the Kohala Center to provide dedicated outreach and technical Page 16 FC -10 May 7, 2019 support for agriculture. So they do have a staff member that has been assigned to that. She is from Puna, and she's been reaching out. Particularly, the focus we decided would be that she would work with independent producers. A whole variety of producers out in Puna as well as Ka`u, and on-call across the island because there have been agricultural impacts across the island. In particular, early on where we had a lot of ash and lower photovoltaic activity due to the cloud cover or the ash cover. So, that's one area of support, and the other is through Research and Development. Both myself, with my background in agriculture and contacts, as well as our Agricultural Specialist Glenn Sako, we have reached out to the commodity groups: payaya, the orchid nursery folks. We've been working closely with them on relocation, new opportunities for access to lease land, whether it's State, DHHL (Department of Hawaiian Home Lands), Department of Agriculture, DLNR (Department of Land and Natural Resources). We've been looking at those options as well as private landowners. We've also helped to coordinate on both State and military assessments of whether or not the military can come in and assist land clearing and construction. We've lifted up existing loan and disaster assistance programs through United States Department of Agriculture and State Department of Agriculture. And then we also did—so that'sI guess that would be the initial lift -up that we've been doing, and continue to work with the industry, agricultural side. On the business side, we have lifted up workshops. There are ongoing workshops in Pahoa town. Last night was the third one in a row. The small business hui on the island has put together they did a QuickBooks session, marketing. They're going to do entrepreneurial assistance as well as direct one-on-one technical assistance for businesses. The first workshop they had, over 40 people in attendance. Last night there was 20. I understand that when closing time came, people did not want to leave, so they were excited about that. We've assisted, through the Fed., Feds pushed down a workforce development grant, which would assist both individuals who are unemployed as well businesses who had to lay off people and bring them back on board. We assist with outreach on that. That was a grant that went through the State. And then the American Job Center, helping again people who are unemployed. And then we are lifting up—one of our newer initiatives is a Youth STEM (Science, Technology, Engineering and Mathematics) program, through the high schools, both in Pahoa and Ka`u, to ready those students for work opportunities in our communities. And really also lift up, if you will, the emotional state of the community. People have been heavily impacted. Page 17 FC -10 May 7, 2019 On the visitor side, you know, obviously we work closely with the Island of Hawaii Visitors Bureau. We work directly with them to make sure that they were getting information out to push back on some of the sensational news during the eruption. And lift up fam tours, familiarization tours. We've got a number of those out to Pahoa Village itself so that the folks who do the marketing, the direct sales, could see that Pahoa was a safe place visit. And then also, obviously we're thrilled with the additional—first it was $1.5 million that HTA (Hawai`i Tourism Authority) appropriated for marketing and promotion, and now with the additional monies, we are up to over $4 million in marketing and promotion to make sure that people know that we have a great island; come visit, come see us, come stay, and love to have you. Kind of one of the downsides, I was checking with staff recently. On the film sector side, there was a studio that was coming out to film some portion of a Godzilla film out in Kalapana, so they had to cancel that, obviously. You know, that was one of those losses. So that was kind of a quick snapshot. So again, what are we doing to help the economy in the short-term? We are planning to use some of the resources that we have available to us to, again, continue to expand, retooling our small businesses, making sure that—most of these businesses are built from an entrepreneurial spirit. So how do we reignite that? How do we get people being creative and revamping their business if their customers moved out of the area or the customers aren't coming, such as visitors? So how do we make adjustments to that? We want to continue to work with being doing with community-based tourism grants, we know that works. We know that connects the visitors to the important cultural and natural resources and the people of our communities. And then some overall economic recovery grants, we'll be putting forward those in the coming weeks—months. We also want to lift up and build some of the community-based recovery, accelerating that. We'll be looking at some community to build our communities' capacity for recovery. So we'll be looking at making a request for intermediary. These are possibly larger nonprofits that have a lot of skill and capacity to service communities, so they can help lift up our community in their individual recovery needs. And then, put out some small micro -grants. We're calling them "Puna Strong Grants," so we'll be moving forward with those. We can provide additional detail along with that timeline and interim recovery strategy, so that's a short-term. Also, if I may, it's the other thing is we did receive a grant from the Economic Development Administration to develop an economic recovery plan. And that Page 18 FC -10 May 7, 2019 will allow us not only to lift up some of the—you know, identify what some of the impacts are, and then also lift up what are some of the recovery strategies we might be able to move forward on. But also resources—and help set us in a better place to apply for additional Federal grants as well as other funding sources, FederalI should say, public-private partnerships. So we're looking forward to do that. It will also help us kick start what is needed next year, which is the CEDS, or the Comprehensive Economic Development Strategy. That plan is due next year, and that will again allow us to apply for additional Federal resources. MR. RICHARDS: Okay, Diane, thank you. And that's actually somethingI like what I'm hearing, so far. I would like if you could produce a list of this with the rough estimates as far the funding for each of those and present that to the Council. I think that would be helpful for us. MS. LEY: Okay. It was in the—I'll provide it again, but it was in the slide -deck that we provided to you folks a month ago. But I'll do that again. MR. RICHARDS: I think I was looking maybe for a little bit more detail. On that one, you talked about the small business work on what sounded like just the east side. We had small businesses on the west side, some really impacted by that whole event. Are we doing anything here on the west side, or north or south? MS. LEY: Not specifically yet. We've launched somewhat of a pilot with Small Business Administration, the Kohala CenterI'm sorry, I'm forgetting the name of it the High Technology Development Corporation as a pilot project to do some outreach and see if the community responsive, and they were interested in these workshops. So we definitely will be talking to them aboutI already asked them once, and they said, "Please let us get through a couple of these before we commit to additional." But we do understand that the impacts are island -wide. You know, various businesses are impacted to varying degrees, so we will be definitely getting out throughout the Big Island. MR. RICHARDS: Okay, thanks. I appreciate that. I'll yield at this point. CHR. DAVID: Thank you, Mr. Richards. Anyone else wishing to speak? Ms. Lee Loy. Alright. MS. LEE LOY: Thank you, Chair. Earlier Ms. Kierkiewicz mentioned putting together a resolution, which we can frame some of this stuff. You know, I will be more than happy to help work with you and do that. But I would also encourage Mr. Kaneali`i-Kleinfelder to engage with that, at some point I really hope, because this is the district that both you and Ms. Kierkiewicz serve. And I did hear you last meeting about engaging with a recovery team. I think this would be a perfect place to transition. We now have the money. We now are talking about short and long-term goals. And then, we'll be setting our budget in just a short Page 19 FC -10 May 7, 2019 month here. So going forward, this will be a perfect time to transition in which you and Ms. Kierkiewicz can continue to work with the recovery team. We'll have all the pieces in place, and then you can report accordingly to your constituents. Ms. Kierkiewicz, I'll be more than happy to work with you on that. CHR. DAVID: You yield, Ms. Lee Loy? You're done? Okay, thank you. Anyone else? If not, thank you, Director Ley, Director Yamamoto, for being here today and for your contribution in explaining the progress of this situation with us, so thank you very much. All those in favor now MR. RICHARDS: Hang on second before you call for the vote. CHR. DAVID: Oh, before I call? Mr. Richards. MR. RICHARDS: Procedurally. CHR. DAVID: Mind you, procedurally I was talking already. MR. RICHARDS: Procedurally. CHR. DAVID: We're supposed to be done, but I'll allow you this time. MR. RICHARDS: Thank you. Procedurally, the reason we have postponed this is to be sure that we have information flow coming, and I'm comfortable and confident we have that information coming. I hear a resolution is going to be in the works, which will again allow us to have the conversation because we can't have the conversation unless it's on the agenda, which is part of the reason why it's been there. So with that, I am at this point—but if anybody else thinks we need to do a little bit more, we can postpone having this closing. But I'm comfortable at this point, knowing that a resolution will be coming forth. No one is shaking their head, so thereby I'm going to yield to the Chair. CHR. DAVID: Thank you, Mr. Richards. And I believe Ms. Lee Loy and Ms. Kierkiewicz covered that quite well, as far as how we're proceeding now and the expectation of a resolution that's forthcoming. So on that, I will proceed. All those in favor of filing Communication 225 please say "aye." Page 20 FC -10 Vote on Comm. 225 Filed ORDER OF RESOLUTIONS May 7, 2019 The motion to close file on Comm. 225 was carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder Kierkiewicz, Lee Loy, Richards, Villegas, and and Chair David — 8. Noes: None. Absent: Committee Member Poindexter —1. Excused: None. CHR. DAVID: Alright. Thank you very much. Mr. Clerk, can you please move to the Order of Resolutions. Resolution 155-19. The Chair directed the Committee to proceed to the next order of business, Communications. Res. 155-19: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LAND OR CONSERVATION EASEMENT(S) FOR ALL OR A PORTION OF THE PROPERTIES IDENTIFIED AS TAX MAP KEY NOS. 8-2-013:014; 8-2-013:002; 8-2-013:003; 8-2-014:043; AND 8-2-015:059 SITUATED IN KEALAKEKUA, DISTRICT OF SOUTH KONA, ISLAND AND COUNTY OF HAWAII, ALSO KNOWN AS THE AMY B. H. GREENWELL ETHNOBOTANICAL GARDEN, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED The County would join the Friends of the Amy B.H. Greenwell Ethnobotanical Garden to acquire the property in whole or conservation easements to perpetuate traditions and customary native Hawaiian practices that sustain rare and native plant species. Reference: Comm. 254 Intr. by: Ms. David Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend adoption of Res. 155-19. Seconded by Mr. Richards. CHR. DAVID: Alright. At this time, I would like to call Mr. Ventura up; and I also see Ms. Britt here, if Council Members have questions. Ms. Britt, can you accompany Mr. Ventura. Page 21 FC -10 May 7, 2019 (Note: At this time, Real Property Manager Hamana Ventura and Ms. Janet Britt, from the Friends of the Amy B. H. Greenwell Ethnobotanical Garden, came forward to address the members of the Committee.) CHR. DAVID: Mr. Ventura, please give us a summary of this resolution. MR. VENTURA: Good afternoon, Chair David and members of the Council. Hamana Ventura, Property Manager. CHR. DAVID: Good afternoon. MR. VENTURA: In approximately the first quarter of 2015, the County of Hawaii had a conversation with Bishop Museum as to looking into possibility of acquiring assets that were owned by Bishop Museum at the time, which included Greenwell Gardens and Waipi`o Valley. Through the course of our investigations, we were able to go on a site visit with Council Member David and Mayor Kenoi at the time. We felt that it was a great proposition for the Open Space program. But as we did more research we found out that the gardens were deed restricted and could only be sold to another nonprofit that would engage in the uses or gardening and agricultural purposes, and so we excused ourselves from that potential acquisition. During that process, we were involved with Friends of Amy Greenwell. It's been now, almost three years later, and the Open Space is glad to participate along with Friends in moving forward so that Greenwell garden will be forever protected and preserved. Mahalo. CHR. DAVID: Thank you, Mr. Ventura. And, Ms. Britt, I know that you've been involved from day one. MS. BRITT: Aloha. CHR. DAVID: Aloha. Identify yourself for the record. I know you had a hand in getting us to this point where we are today, seeking a conservation easement for this very valuable piece of history for Kona. MS. BRITT: Mahalo. My name is Janet Britt. I'm on the Board of Amy Greenwell. I originally wrote the grant to PONC (Public Access, Open Space, and Natural Resources Preservation Commission) in 2016. At that time, the garden had closed. Everyone had been fired. We had no money. We had only community support and a lot of love for this garden. Page 22 FC -10 May 7, 2019 Meanwhile, three years later, we have over $1.4 million. We have a very good membership, Friends of Amy Greenwell Garden. That's fantastic with our community support. We went to PONC because we need a little bit more funding, and also, we would like the County to be part of this amazing place. I especially thank Chairman David and Karen Eoff because they've been such great supporters of the garden forever, and we really appreciate it. So right now, we do have sufficient funds. We are working on getting the appraisal for the easement, so once we have that we'll know how much it will cost to do the easement. There will actually be two easements. Because of the way the funding came, we have a funding from the Community Forest Program, and that will be three major the main parcels, and then the heiau parcel and the mauka parcel will be another easement. I can't tell you how much that will be, but I don't think it will be a real high figure because it is so deed restricted, as Hamana said. So are there any questions I can answer for you? CHR. DAVID: Thank you, Ms. Britt. Any questions, Council Members? No? Oh, go ahead, Ms. Villegas. Go ahead. MS. VILLEGAS: Aloha. Thank you for being here and for all of your hard work, for your commitment to a vision for an opportunity for a place that is so sacred to so many, and also a living treasure, an ethnobotanical garden on the Big Island where the cultural plants and the uses and the resources are being perpetuated and just this collaborative this example of a collaborative effort. Thank you, Hamana, for all the work that you've done, thinking outside the box and really digging deep to discover the way for the best partnership to come about. I'm extremely grateful for all the work that you've done, and extremely grateful that I get to be in role now where I get to support this with a positive recommendation and vote. MS. BRITT: Oh, thank you very much. And Marie and all of our members have been so wonderful. We all work together as a big team. And I don't know if you all saw the paper or the news, but the species extinction rate is higher than it's ever been before. This is one place where I native plants can ensure they will be there, and they'll thrive, and they'll flourish. So, I appreciate all of you for realizing that vision. MS. VILLEGAS: Those species are priceless, so thank you. MS. BRITT: They are. Once they're gone, we've lost them. MS. VILLEGAS: I yield. CHR. DAVID: Mahalo, Ms. Villegas. Mr. Richards, go ahead. Page 23 FC -10 May 7, 2019 MR. RICHARDS: Thank you, Chair. Yeah, I'm going definitely be supporting this. I'm sure people know her, Maile Melrose, but if you don't, just her infectious energy in supporting the project. She came and talked to me about this project, specifically. It's a truly a good shout -out to the Greenwell family as a whole. Maile is a Greenwell. Meg was here; she's also a Greenwell. Her father, with Kealakekua Ranch, he's very supportive of this. Amy was a relation there. So without hesitation, without question, I'll be supporting this. I yield. CHR. DAVID: Mahalo, Mr. Richards, for your support. Anyone else? Ms. Eoff, go ahead. MS. EOFF: Thank you. Yes, what Mr. Richards said is awesome. I mean, to know that—generations back, a relative had a vision for a place and donated it for the purpose that it has been developed into. That you folks are now coming together with many partners to make sure that continues, especially with members of the family still involved. It's really awesome, and it's what Hawaii is really about. MS. BRITT: It is. MS. EOFF: But I just wanted to thank everybody who's put their heads together to come up with this creative solution, overcoming the hurdles that was thrown in the way. And we're just about ready to work on the final negotiations. I think using the conservation easement provides a lot of opportunities in the future, as well. Because with that, I believe it opens up the potential to use our Maintenance Fund— MS. BRITT: That's correct. MS. EOFF: —from the Open Space legislation that we have, as well, which kind of guarantees that the people who want to do the work will be able to continue to do that. As we've seen with a lot Open Space, unless we have dedicated, not only volunteers but maybe some resources, financial resources, we really can do a much better job and enhance with the opportunity that's there. I'm sure once it gets going, all of the seeds had been planted, all the plants that have been kind of just hanging on or going to just spring back to proliferation, and it's going to be beautiful. Well, it is beautiful, but it will continue to be. MS. BRITT: It will be much better. And we hope to deplete the Maintenance Fund. MS. EOFF: Yes. I can kind of envision what's going to happen. I'm excited. And thank you very much everybody. Page 24 FC -10 May 7, 2019 MS. BRITT: Thank you everyone. And we do plan to deplete the Maintenance Fund. So once this is over— CHR. DAVID: Thank you, Ms. Eof£ Anyone else? Seeing none, okay, then I will be the last to say my mahalos to you folks, the Friends. It's been a long journey. And I think, Hamana, from day one, you, every obstacle that came before us, the Friends and Meg and her family have been very, very supportive. If not for you folks, this place would not be, and I really thank you folks. This place is not only a place where our culture will be perpetuated and our valuable plants be saved, but the thing that touched me most was the youth `aina-based programs that the gardens has supported and supported and sponsored and the kids that really, really loved being there. So many things there to experience, nature, plants. Even I learned a lot going through the garden. So, I really appreciate everyone's hardwork. Every weekend that you folks—or every month that you folks do the clean-up, I get all those emails. And thank you folks and thank the community. So, mahalo. On that, I would ask that my colleagues support this very, very substantial and important resolution. Thank you very much. Mahalo. Okay, Council Members, all those in favor of approving Resolution 155-19, and forwarding to Council with a positive recommendation, please say "aye." Vote on Res. 155-19: The motion to recommend adoption of Res. 155-19 (Approved) was carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mahalo, everyone. Thank you. Mr. Clerk, could you please move on to Resolution 159-19? MS. LEE LOY: Chair, because we're looking at going into executive, or possible executive session CHR. DAVID: Oh, perfect. MS. LEE LOY: would you mind taking up Bill 63 before? Page 25 FC -10 May 7, 2019 CHR. DAVID: I wouldn't mind at all. I was just going to—when you said you wanted to something, I looked at my agenda. Mr. Clerk, can we do Bill 63? Change Order of As directed by the Chair and with no objection from Council Members, the Business: following item was taken out of order: Bill 63: AMENDS CHAPTER 2, ARTICLE 25, SECTION 2-139 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PROCEDURE FOR AWARDING GRANTS TO NONPROFIT ORGANIZATIONS Proposes a $500,000 increase to the appropriation for grants-in-aid awarded annually in the County's operating budget. Reference: Comm. 234 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 63 on first reading. Seconded by Ms. Eoff. CHR. DAVID: Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you, Chair. You know, it really is a great honor to put this piece of legislation forward. I think every single one of us has sat on the nonprofit grant-in-aid committee, and every single one of us really has used that as a tool to understand the needs of each and every community. Those nonprofits really do serve the most vulnerable on our island. Just by background, the Code really only requires the Finance Director to set aside $1 million for our nonprofit grant-in-aid, but both Mr. Kenoi's administration and then Mr. Kim's administration has set aside $1.5 million. But by way of comparison, and some fun facts, the County budget, and I think Mr. Richards will love this one, is back in 2007-2008, the budget was $374 million, but they still found a way to give nonprofit grant-in-aid $1.5 million, and that has continued over the last 12 years. So at this point, it really is, and it is my hope to get the support of the rest of my colleagues, it really is my hope that this really just sets in stone what I think the nonprofit grant-in-aid should be getting. And by way of comparison, right now we're looking at $583 million budget that the administration has proposed, and $1.5 million is 0.26. I'm going to repeat that, 0.26, not even one percent. It's interesting that, you know, Ms. Eoff just brought it up with our previous resolution with the Open Space Fund. You know, we give them two percent right off the top, and they do go work, but it's resources in that two percent that really makes those programs successful. So, at this point it really is a moral necessity, in my opinion, that we start serving community with our nonprofits. Page 26 FC -10 May 7, 2019 This particular bill, if passed, will take effect in the fiscal year 2020 to 2021, so the administration will have time to plan to do this set aside, but it would also set up the nonprofit grant-in-aid for the application period, starting November 2019 through January. You know, this was really created to transition into and get ready for. So with that, I will be asking the rest of my colleagues to support this and look forward to serving community, really at the grassroots, with this funding. Thank you. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Ms. Eoff, go ahead. MS. EOFF: Thank you, Madam Chair. Thank you, Ms. Lee Loy. I think it's timely that, probably past timely, that we go ahead and memorialize this $1.5 million in the Code. Sitting on the nonprofit grant review committee, it's painful to see how muchactually, we need to fund these groups. And how little money we have set aside for it, for sure. Even with the $1.5 million, it's still not enough because actually they do more than just provide services to our community, but they also save the County money with some of the services that they do provide. So really, we are helping the whole County, helping ourselves, so I'll be supporting this. So, thank you very much. CHR. DAVID: Thank you, Ms. Eoff. Mr. Richards, go ahead. MR. RICHARDS: Thank you, Chair. Thanks, Ms. Lee Loy, for bringing this forward, and your point is extremely well taken. You did the math; $1.5 million of $583 million is less or right at a quarter percent. The great thing about the grant-in-aid program is, I'm going to say it's a community accelerator. It helps us take care of some of the nitty-gritty things that otherwise might not get the attention. Paradoxically, all of those programs are hyper -scrutinized by the ad hoc committee as it comes forth. I will agree with Ms. Eoff that it is beyond timely to get this done. Maybe at some point looking forward, maybe it should be a percentage of the budget. I would entertain that conversation, but that's for a future time. Here and now, I think $1.5 million makes all the sense. This is a grander scale of what we do with our Contingency Relief Funds. Finding those little things that save the County money in the grander scale of things, so I will definitely support. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Ms. Villegas, go ahead. MS. VILLEGAS: Aloha. Having had the opportunity to participate in this ad hoc group for the first time, I found it a wonderful honor and a privilege. I also was unaware prior to this that it was in our Code to provide $1 million. I appreciate your providing the dates and historical information about how long and how many administrations have bumped it up to the $1.5 million. I agree with Karen that it's Page 27 FC -10 May 7, 2019 timely, and I think it makes sense. Historically, that's been the amount that has been allocated. If I remember correctly, there was something like $4.4 million worth of ask from all 160 programs that applied, so having that $1.5 million wasn't nearly enough. I was heartened to be able to contribute in such a capacity to these groups and organizations, and learned a lot. And I would definitely also agree with how much it does save the County. It's an example of the networking and the positive outcomes that can be achieved through collaborative work of nonprofit organizations and government. So thank you for putting this forth, and I'll definitely be supporting it. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you. Thank you for that support, for the rest of my colleagues. Ms. Villegas is completely accurate. The ask, the entire ask, was $4 million, and again it's still less than what we give the Open Space Fund. I am very happy putting forward $1.5 million, but between now and the next Council meeting, if the rest of my colleagues want to ruminate on a different number, even $2 million or $2.5 million is still 0.50 of the budgets that is before us, so just food for thought. But I am more than happy to move this forward and really honored that we can serve community this way. Thank you. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. And if no one else? Alright. Ms. Lee Loy, I would like to also express my thanks and mahalo so much to you for bringing this forward. Everyone that has sat on the ad hoc committee knows very well that not only is it a very difficult thing to do, but most of the time we're not sure whether we are going to get the extra $500,000. Although we would like to positively conduct ourselves that way, it's always a gamble. And thank you so much for bringing some peace to that issue. I really believe, for the years that I've sat on the ad hoc, the amount is so much more than we can ever give. It not only saves the County money, but I recall a lot of these programs that serve our community dip into the services that are the responsibility of the State also, so it's a double whammy when we can only help so much. Not that I'm going to go there, but that suggestion that you had certainly makes some good sense to me. But for now I totally support what you're doing, and I honor baby -steps. So I definitely will be supporting this, Ms. Lee Loy. Council Members, all those in favor of approving Bill 63 and forwarding it to Council with a positive recommendation please say "aye." Page 28 FC -10 May 7, 2019 Vote on Bill 63: The motion to recommend passage of Bill 63 on (Approved) first reading was carried by the following voice vote: Ayes: Committee Members Eoff, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Chair David – 7. Noes: None. Absent: Committee Members Chung and Kierkiewicz - 2. Excused: None. CHR. DAVID: Thank you very much, Council Members. Now, Mr. Clerk, I believe we're ready for Resolution 159. Return to Order The Chair directed the Committee to return to the order of business. of Business: Res. 159-19: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT IN RENEGOTIATION OF ITS SOLID WASTE MANAGEMENT CONTRACT WITH WASTE MANAGEMENT HAWAII IN REGARDS TO THE PU'UANAHULU WEST HAWAII SANITARY LANDFILL The Department of Environmental Management requests the Council's approval to retain special counsel with specific expertise and experience in solid waste contracting, at a cost not to exceed $300,000. Reference: Comm. 266 Intr. by: Ms. David (B/R) Motion to Approve: Mr. Richards moved to recommend adoption of Res. 159-19. Seconded by Ms. Eoff (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Committee.) CHR. DAVID: Thank you. Mr. Kamelamela, I believe—identify yourself for the record and go ahead, MR. KAMELAMELA: Good afternoon, Chair and members of the Committee. Joseph Kamelamela, Corp. Counsel. Essentially, our office, we're seeking a special counsel, you know, who has expertise in solid waste contracting. As stated in the resolution, the purpose is to update the current contract. For those who read the article in the paper, it's actually—you know, there's things in the contract that I think we have to look at and perhaps renegotiate. So that's the reason why we're asking for special counsel. Page 29 FC -10 May 7, 2019 CHR. DAVID: Thank you, Council Members. Questions? Do we need to? Okay, if you have a question that doesn't MS. EOFF: Yes. CHR. DAVID: Yes. Okay, go ahead, Ms. Eoff. MS. EOFF: Is there any time expectation if you do go ahead and hire? MR. KAMELAMELA: Well, we wanted to do it right away. As soon as possible. MS. EOFF: But I mean once you're involved in that process, any time expectation for getting answers or information to us? MR. KAMELAMELA: You know, that's a good question. I was hopeful that within three to six months, you know, we could get some things for MS. EOFF: And would the Council get periodic updates? MR. KAMELAMELA: We could update the Council. MS. EOFF: Thank you, Ms. Eoff. Anyone else before we go into executive, maybe? Okay, go ahead, Ms. Lee Loy. Vote to Go Into Ms. Lee moved to go into Executive Session pursuant to Executive Session: Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities and liabilities in regards to Res. 159-19. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members Eoff, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 7. Noes: None. Absent: Committee Members Chung and Kierkiewicz — 2. Excused: None. CHR. DAVID: Alright, I'm going to take a recess while we go into executive session. Thank you. Page 30 FC -10 Recess: Reconvene Vote on Res. 159-19 (Approved): BILLS FOR ORDINANCES: A T) rnT TR N- MENT: May 7, 2019 At 3:50 p.m., the Chair called for a recess. The meeting reconvened at 4:53 p.m. CHR. DAVID: Aloha everyone and welcome back. I'm taking the Finance Committee out of executive session. Let me see. Council Members, I don't believe we have any more discussion on this. I'm going to take a vote on approving Resolution 159-19 and moving it to Council with a positive recommendation. All those in favor please say "aye." The motion to recommend adoption of Res. 159-19 was carried by the following voice vote: Ayes: Committee Members Eoff, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 7. Noes: None. Absent: Committee Members Chung and Kierkiewicz — 2. Excused: None. The Chair directed the Committee to proceed to the next order of business, Communications. (Note: Bill 63 was taken up previously, out of order.) CHR. DAVID: I think that ends our agenda, so could I please have a motion to adjourn? There being no further business, at 4:54 p.m., Ms. Poindexter moved to adjourn the meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Committee Members Eoff, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 7. Noes: None. Absent: Committee Members Chung and Kierkiewicz - 2. Excused: None. Page 31 FC -10 CHR. DAVID- We are adjourned. Mahalo everybodv Approved: M Medeims David, Chair Finance Committee 91D/na May 7, 2019 15-4-ce0v9 (Date) Page 32