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HomeMy WebLinkAboutMIN FC 2019/12/03 2018-2020CALL TO ORDER: ROLL CALL: Present: STATEMENTS FR C)N4 TNF PUBLIC ON AGENDA ITEMS: Change Order of Business: Committee on Finance 24th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 3, 2019 The regular meeting of the Committee on Finance was called to order at 5:30 p.m. in the Council Chambers, Hilo, by Ms. Maile David, Chair. Ms. Maile David, Chair Ms. Herbert M. "Tim" Richards, Vice Chair Mr. Aaron S. Y. Chung, Member (came in later) 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 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: Lucille V. Chung: (representing the North Hilo Community Council) Abolghassem Abraham Sadegh Lisa Andrews: Res. 421-19, (Comm. 630), comment. Res. 403-19 (Comm. 605), in support. Res. 403-19 (Comm. 605); and Bill 115 (Comm. 605), in opposition. CHR. DAVID: I believe that takes care of public testimony, and at this time I am closing public testimony. Mr. Clerk, I just have a few requests to take a few items out order. Can we take Resolution 422-19 first, please? As directed by the Chair and with no objection from the Council Members, the following items were taken out of order: FC -24 Res. 422-19 Motion to Approve December 3, 2019 AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE COUNTY OF HAWAII, HAWAII FIRE DEPARTMENT Assigns the balance of the ninety-nine year lease to the Hawaii Fire Department to operate its 9 Bravo Volunteer Fire Station. Reference: Comm. 631 Intr. by: Ms. David (B/R) Mr. Richards moved to recommend adoption of Res. 422-19. Seconded by Ms. Poindexter. CHR. DAVID: Discussion, Council Members? Mr. Richards, go ahead. MR. RICHARDS: Yeah, I have 9 Bravo here. Guido, you want to come up? (Note: At this time, Mr. Guido Giacometti, representing the Anekona Ouili Kanehoa Volunteer Fire Department Company, came forward to address the members of the Committee MR. RICHARDS: This is the Volunteer Fire Department in Waimea that complements our Fire Department, and they are well-known for their wild firefighting. Guido, do you want to just give a little history as far as 9 Bravo? Guido, identify yourself, please. MR. GIACOMETTL I'm Guido Giacometti. I am the representative. I'm currently the president of a nonprofit, which we call AOK VFD (Anekona Ouli Kanehoa Volunteer Fire Department) Company. We set that up simply to support 9 Bravo. 9 Bravo is of course a part of the volunteer firefighters on the island, and they provide assistance to regular department. They're quite busy. We are -9 Bravo has a couple of large trucks, one is 6x6 military with 1,200 -gallon capacity and another engine pumper. For the last five years, it sat in the front yard of Captain Mike Shattuck, who is sitting in the second row there. We undertook the building of the building as a volunteer fire station or a volunteer apparatus garage. We've done that. And this land lease will provide will transfer the real property, including the building and all improvements to the department, for volunteer fire department use. I'm here to answer questions, if you have any. MR. RICHARDS: Mike, could you come up really quick? (Note: At this time, 9 Bravo Volunteer Fire Company Captain Mike Shattuck came forward to address the members of the Committee.) Page 2 FC -24 December 3, 2019 MR. RICHARDS: Identify yourself, and just give a little background; how many volunteers do you have, and how many fires you have responded to in the last six months, or whatever. CAPTAIN SHATTUCK: Okay, my name is Mike Shattuck. I'm captain of the 9 Bravo Volunteer Fire Company. We have currently eight volunteers on staff. We average about 35, 40 fire responses annually. MR. RICHARDS: For volunteer fire departments, it's almost one a week, and usually when they go out it's the big stuff. They're strategically placed sort of half -way down Kawaihae Hill. Guido is one of the first guys I got to know when I got elected. If you want to know a tenacious attitude, that's Guido. They are delivering a phenomenal facility for $1.00 a year for 99 years, and Deanna has promised me she can find that dollar -a -year in the budget to fund this. So with that, this resolution coming before us, I'm going to ask for the support of my Council Members. This is a very positive asset and a very needed asset for the greater Waimea area because they respond, especially with our wildfires. This piece of equipment that Guido's referring to, it's what—the bulldog that we accepted as a donation; it's kind of based off of. It's a piece of equipment that gets out there and gets the job done. So with that, I'm going to ask the support of my Council Members. I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, thank you gentlemen for being here and for explaining what good work you folks do for our community. So all those in favor approving Resolution 422-19 please say "aye." Vote on Res. 422-19: The motion to recommend adoption of Res. 422-19 (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. MR. GIACOMETTL Thank you. MR. RICHARDS: Thanks for coming guys. CHR. DAVID: Mr. Clerk, could you move on to 420-19? Page 3 FC -24 December 3, 2019 Res. 420-19: CREATES TWO NEW TEMPORARY POSITIONS FOR THE HAWAII COUNTY DEPARTMENT OF PARKS AND RECREATION Establishes one Community Service Program Assistant and one Community Service Worker III position to support the Elderly Activities Division's paratransit program for seniors. Reference: Comm. 629 Intr. by: Ms. David (B/R) Motion to Approve: Ms. Lee Loy moved to recommend adoption of Res. 420-19. Seconded by Ms. Eoff. CHR. DAVID: Director Waltjen, could you please come up and explain this position. And thank you for your patience and waiting to get to this agenda item. (Note: At this time, Parks and Recreation Director Roxcie Waltjen came forward to address the members of the Committee.) MS. WALTJEN: Good evening, Council. CHR. DAVID: Good evening. MS. WALTJEN: This is a result of a staff member, Roann Okamura, who runs the Elderly Activities Division, writing a grant and submitting it to the State and acquiring this grant, getting $750,000 for a two-year contract to provide social transportation. You know, we have all kinds of services for our kupuna. What we have not had was, you know, when we have those big events and we want to transport them from one side of the island to the other side, a lot of times they had to ride the bus, and this way we will have vans available and program people to help coordinate and take them to these various social activities, to maintain that social part of their wellbeing. We're in the three- to six-month timeframe of the grant, and during that time we are supposed to acquire and procure vehicles and hire two people to staff it and run the program. CHR. DAVID: Thank you so much. And I really want to thank Roann Okamura for doing this for our kupuna. MS. WALTJEN: She's a go-getter. CHR. DAVID: Yes, for doing this for our kupuna. Council Members, any questions? Discussion? Okay, thank you, Director. Thank you for being here. Page 4 FC -24 Vote on Res. 420-19 (Approved) December 3, 2019 MS. WALTJEN: Thank you. CHR. DAVID: All those in favor of approving Resolution 420-19 please say Ic aye. The motion to recommend adoption of Res. 420-19 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: Mr. Clerk, can you just go on to 423-19, please? Res. 423-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES OF REAL PROPERTY FOR THE COUNTY OF HAWAII DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a seven-year lease agreement with two additional five-year options with W. H. Shipman, Limited, for property in the W. H. Shipman Industrial Park to construct a compost facility. Reference: Comm. 634 Intr. by: Ms. David (B/R) Motion to Approve: Mr. Richards moved to recommend adoption of Res. 423-19. Seconded by Ms. Villegas. CHR. DAVID: Solid Waste Chief, Mr. Goodale, could you please come forward and give us a brief rundown of this resolution, please? (Note: At this time, Solid Waste Division Chief Greg Goodale came forward to address the members of the Committee.) MR. GOODALE: Good evening, Council Members. Yes, Greg Goodale, Solid Waste Division Chief. So this is to assist us with establishing the area that the compost facility will be constructed out of the Shipman Business Park. So there was an area of about 20 acres in size that it was identified. We've done the Environmental Assessment for that area, and it was met with the Finding of No Significant Impact, FONSL So now we're in the process of the design process. Page 5 FC -24 December 3, 2019 So the County has been working with Shipman, Ltd, so this would give us the ability to move forward with a long-term lease for this site. CHR. DAVID: Thank you very much. It's about time, yeah? Council Member Lee Loy, go ahead. MS. LEE LOY: Thank you, Ms. David, it is about time. Director Goodale, what's the timeline? I know we've— MR. GOODALE: Chief not Director. MS. LEE LOY: Chief, on the timeline. So we moved this forward, which is the lease, and then the design phase. What's our timeline looking like as far as standing it up and? MR. GOODALE: For us, with working with a contractor and working with their designer, we're still keeping on a schedule that would put us at July of 2020. So that's the time -schedule we established with our contractor. Because that's when we actually changed to a different fee -structure for the contract, so we're trying to keep everything on schedule for July 2020. MS. LEE LOY: Okay. And then, Chief, this is 2027, right? So we stand it up in July of 2020. The lease goes to 2027 with a two five-year extension, so possibly all the way to 2037. Correct? MR. GOODALE: Correct. MS. LEE LOY: Okay. I actually might have a question for Deanna. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) MS. LEE LOY: Deanna, a meeting or so ago we talked about multi-year contracts over different fiscal years with Mass Transit. And I just want to make sure we're doing it right this time. MS. SAKO: Deanna Sako, Director of Finance. Yeah, so this is the whole reason for the resolution, to make sure we budget accordingly. I believe one of the provisions will even be an option to purchase the land, but that's not an option right now because we have to subdivide. MS. LEE LOY: Oh, and 20 acres of a larger—how large is that entire property? MS. SAKO: Several hundred acres, I believe, yeah. Page 6 FC -24 December 3, 2019 MS. LEE LOY: Okay. And if my other colleagues would just indulge me for a moment? Deanna, it will all make sense in the end, I promise. What percent of our budget is salary and wages? If it was 100 percent pie, how much is salary and wages? MS. SAKO: Of all funds? MS. LEE LOY: Yeah. MS. SAKO: It was 60 to 63 percent. MS. LEE LOY: Percent. Okay, 60. And then how many multi-year contracts do we have, and what percent of that of the budget? MS. SAKO: I would have to go back and look. I'm really not sure. A lot of our larger contracts are multi-year, several others are only one year with options. MS. LEE LOY: Okay. Cause I'm just thinking ahead, right? We have bargaining unit contracts that hold about 60 percent of our budget; we have a Two Percent Open Space Fund. So just talking in round numbers we have about 35 percent of the budget; but now, with all the various multi-year contracts, I'm just trying to drill down on how much of our budget is really available for us to budget. And if you don't have that right now, could you please provide this? MS. SAKO: We can try and look how many multi-year contracts we have, yeah. MS. LEE LOY: Yeah, because when I read the resolution it says, Be it further resolved that the monies are made available throughout the duration of the multi-year contract. So when you guys give the budget, come March, some of these things are already set. MS. SAKO: Yeah. MS. LEE LOY: Yeah. MS. SAKO: But part of it is because usually we can save money by doing multi-year contract. And in addition, in this case, we already have multi-year contract for the composting facility, and we really need a place to put it. MS. LEE LOY: Yeah, and so this placeholders or banking the money, I completely understand. I just want to be kind of real about what is flexible enough for us, and just talking about budgeting for outcomes in some future conversations. Thank you, my colleagues. Thank you for that latitude. Deanna, thank you. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Richards, go ahead. Page 7 FC -24 December 3, 2019 MR. RICHARDS: Thank you, Chair. Chief, just a quick question. Having walked down this road before, have we worked things out with the neighbors? Are we not going to be creating any issues with our neighbors when we get our composting going forward? MR. GOODALE: So when we went and identified locations that would be acceptable for a facility like this, that was one of the primary things that we were looking at, was proximity to our nearest neighbors. The fortunate thing with Shipman, Limited, is that they have a lot of large -size parcels that are basically insulated from the areas around by their own land. The three different parcels that we looked at all kind of met that characteristic. So as part of the environmental assessment that was done for this parcel, those are obviously things that are taken into consideration in addition to having public meeting and that kind of thing. Fortunately in this site, we didn't see much in a way of a pushback for that particular location, Plus, it's in a basically industrial -type business park, so it's more or less—the area is set up for that type of activity. MR. RICHARDS: Thank you. And I appreciate the fact that you started up by saying, "That was one of the considerations." You already answered the question before you had to go much further. Great, I'm glad to hear it because we don't want to have to hear it later. Thank you, I yield. CHR. DAVID: Thank you, Mr. Richards. Mr. Chung, go ahead. MR. CHUNG: Yeah, thank you. And you said it a different way, but really the light is at the end of the tunnel, so we can see it, yeah? This has been a three-year process or deal, however you'd like to look at it. Greg, thank you for your good work, by the way, seeing this through. My question isI know you guys are already in the process of negotiating the deal with Shipman, right? MR. GOODALE: That's correct. MR. CHUNG: Where are we on that? And I'm asking that because I want to make sure we don't have any missteps along the way because we want to see this thing go forward, right? Where are we on that? I mean, is this still in the negotiation stage or? MS. SAKO: We are. We've provided them an offer, but because we need to move forward, we're kind of still negotiating. And they're getting an independent appraisal because we cannot pay more than appraised value. Page 8 FC -24 December 3, 2019 MR. CHUNG: Okay. MS. SAKO: So we're kind of going back and forth, but we should have it resolved shortly. MR. CHUNG: Okay, good. Okay, so we have an appraiser. Oh, an appraisal? MS. SAKO: We have an appraisal. MR. CHUNG: But we cannot go over that. So they're going to come up with their appraisal, and if theirs is a little bit high— MS. SAKO: We'll meet some— MR. CHUNG: —than we can kind of work within MS. SAKO: Mmhmm. MR. CHUNG: Okay, perfect. That's all. Thank you. CHR. DAVID: Thank you, Chair Chung. Anyone else? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Would this be open in July 2020? MR. GOODALL That's when we would expect. We have a certain amount of testing and everything that's going to have to take place. So whether it's actually functioning in July of 2020, that remains to be seen. But we've established a schedule in terms of construction. But even once the facility is completed, we still have a certain amount of testing that the contractor has to prove to us that it functions the way that designed it. So it may be, but it may also—we may still be going through that testing process, because the testing can take up to 90 days for them to prove that it's functioning the way it's supposed to. MR. KANEALI`I-KLEINFELDER: Just to—confirm rememberings, we had meetings about this before. That we are taking greenwaste there as well as trying to collect all the recyclable cups and recyclable products we set in place by the Styrofoam ban, and bring them to this facility along with maybe collecting food as well from different establishments. Is that? MR. GOODALL So yeah, the facility would be able to process all those types of materials like the compostable service -ware, food, contaminated paper, you know, in addition to all the greenwaste stream that we see right now. So the added feedstocks that we anticipate coming for this type of facility, you know, that can only be processed through a process that our contractor is going to provide should Page 9 FC -24 December 3, 2019 increase the types of materials and also just the tonnages overall. That was the whole purpose for establishing a system of this type. MR. KANEALI`I-KLEINFELDER: Yeah, I remember we had this conversation, I don't know, when I first walked in the office, so I am glad we are moving forward. Is there any thought to bringing greenwaste from Kona to here? MR. GOODALE: So that's part of the system. So there's actually a facility that's going to be constructed at the West Hawaii Landfill that will also collect those materials, then all that material will be brought from West Hawaii over to the East Hawaii facility. MR. KANEALI`I-KLEINFELDER: Okay, that's been a big concern for a lot of people who are getting the compost for rebuilding farms, and gardens, and that kind of thing, so that's good. Okay, thank you. Thank you, I yield. I appreciate you being here late, too. MR. GOODALE: Sure. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Mr. Richards, again? MR. RICHARDS: Yeah, just a quick— CHR. DAVID: Oh, hang on a second. Did you have your light on, Ms. Villegas? Oh, I'm sorry. Go ahead. MR. RICHARDS: Just a quick follow-up on that one. Is that going to be a backhaul? Is the plan be a backhaul for the solid waste coming from east to west, and backhaul the greenwaste? MR. GOODALE: So yeah, what we'll be doing is the trucks will come over from East Hawaii with the refuse and then they'll come back with the materials that are collected at West Hawai`i's organic facility. So basically the trucks, the expectation is the trucks will be full in both directions. MR. RICHARDS: Okay, excellent. Thanks, I yield. CHR. DAVID: Thank you, Mr. Richards. Ms. Lee Loy, go ahead. Sorry, Chief. Our Department of Health permits that are attached to that, is that part of the timeline with the July 2020 date? MR. GOODALE: Yes, the contractor is in the process of getting the permit for Department of Health because that's a long -lead item. Page 10 FC -24 December 3, 2019 MS. LEE LOY: And then the life of that Department of Health permit for the composting facility, does that last the entire time of the facility or just the period of the lease? MR. GOODALE: Typically, the Department of Health permits run in five-year timespan. The expectation is there probably would be at least two—or at least one renewal within the contract that we have with the existing contractor. MS. LEE LOY: Thanks, Chief. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none, all those in favor of approving Resolution 423-19 please say "aye." Vote on Res. 423-19: The motion to recommend adoption of Res. 423-19 (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: Thank you, Mr. Clerk. I think I'm just going to do—Director Yamamoto, you've been here all day. So let's take Bill 121, please. Bill 121: AMENDS ORDINANCE NO. 19-74, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020 Adds the Public Works Banyan Drive Roadway Improvements project for $500,000 to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and /or Other Sources. Funds would be used for sidewalks, roadway widening, drainage, and additional street lighting. Reference: Comm. 633 Intr. by: Ms. David (B/R) Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 121 on first reading. Seconded by Mr. Richards. CHR. DAVID: Director, if there's any questions from the Council—you have a question, okay. Director Yamamoto, please come forward. And Ms. Kierkiewicz, you can go ahead. Page 11 FC -24 December 3, 2019 (Note: At this time, Public Works Director David Yamamoto came forward to address the members of the Committee.) MS. KIERKIEWICZ: Thank you, Chair. Thank you, Director, for your patience today. I just wanted to confirm, this is all of Banyan Drive that we're talking about, or just portions, because there is not a map? MR. YAMAMOTO: Yeah, this is Banyan Drive. This is partly to start the planning and design for the Hilo Trails Bike and Walk -Path. There's a segment that goes around that peninsula. MS. KIERKIEWICZ: Okay, that's helpful. You mentioned what the improvements are going to be, but is there any space to do pedestrian crossing areas, speedbumps? It's a very high -traffic area. I know that when I park by like Naniloa's main public parking spot and try to cross the street, people are zipping through there like 50 miles an hour, so it's a little scary. MR. YAMAMOTO: Yeah, actually there is a current plan to install a crosswalk with lighted beacons right there by Naniloa being that that's a high -traffic area, from the parking lot across over. This particular project came after that, so we might put a hold or a just a temporary measure for now, being that we want to try and incorporate the bike- walk -path, and the improvements with the crosswalks. MS. KIERKIEWICZ: Okay, so the crosswalks, some temporary stuff could be done as part of this project. But there's a separate CIP (Capital Improvement Project), that are we going to see in order to put in that pedestrian crosswalk or is that something that you can just go ahead and do? MR. YAMAMOTO: I think Naniloa actually was partnering with the County, and they were interested in installing it for their purpose. MS. KIERKIEWICZ: Okay, it's not what I was hearing. I know that they're eager to have it, but I wasn't aware that there was a partnership agreement to move forward on it. MR. YAMAMOTO: Yeah. MS. KIERKIEWICZ: We'll go talk story about that. Thank you. And it was just interesting, because Ms. Eoff and Ms. David were nodding when I said people speed through. I believe that's the hotel of choice, right, where our Council Members stay at, so they are experiencing it first-hand. Thank you, Director. I appreciate it. CHR. DAVID: Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you, Ms. David. Mr. Yamamoto, how does this segment tie into the work that we're doing on Kalanianaole? We had thanked you last meeting. Last Page 12 FC -24 December 3, 2019 Council meeting we had a status update on Kalanianaole, from the harbor to Ice Pond, and so now there's this piece. Where is it intersecting or how is it tying in? MR. YAMAMOTO: It will intersect at the intersection of, what is that, Banyan Drive and Kamehameha Avenue. We're also looking at that small piece up there, in front of what used to be Hukilau. There's about 150 or 200 feet of that walk—that place where people jump off the railing and stuff. It's not going to get done, or we're trying to maybe incorporate it with the Kalanianaole to connect the sidewalk that goes along Kalanianaole and wrap it around and make it connect to Banyan Drive. So we're looking at that right now to start some design and planning, and maybe trying to incorporate it into the Kalanianaole project. MS. LEE LOY: Perfect. I like hearing that because aside from the kids jumping off, we hear a lot of concerns about the safety of that. But Hukilau, which is Seaside now, they've invested a lot of money to rehabilitate that hotel, and definitely some of the parking, the crossing over there, not only from the parking lot across Naniloa but just all around that Ice Pond area. So as you folks move forward with some designs, I'd really like to see some work with the community. I did get a call from Bee Sumera-Lee; she's the manager for Hukilau, or Seaside. So it would be really great to get some input from them and what she sees as far as concerns for families that are using that area. MR. YAMAMOTO: We mayI think we're also looking at making that roadway a one-way roadway, being that it's not wide enough. The right-of-way isn't wide enough to make a nice walk -path and bike -path, and MS. LEE LOY: And parking, right? MR. YAMAMOTO: And parking, yeah. MS. LEE LOY: Right. Thank you. Thank you for sharing those solutions. I think that's what the community really wants to know, not no can but how can. Thank you, Chair. I yield. Mr. Yamamoto, thank you. MR. YAMAMOTO: You're welcome. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none, all those in favor of approving Bill 121 and forward to Council with a positive recommendation please say Ic aye. Page 13 FC -24 Vote on Res. Bill 121 (Approved) December 3, 2019 The motion to recommend passage of Bill 121 on first reading was carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Chair David — 8. Noes: None. Absent: Committee Member Villegas — 1. Excused: None. CHR. DAVID: Mr. Clerk, before we go to the top of the agenda, can we please take Resolution 421-19? Res. 421-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $12,320 from the Hamakua Police — Other Current Expenses account and credits to the North Hilo Police — Other Current Expenses account to maintain operations at the North Hilo Police Station. Reference: Comm. 630 Intr. by: Ms. David (B/R) Motion to Approve: Ms. Poindexter moved to recommend adoption of Res. 421-19. Seconded by Mr. Richards. CHR. DAVID: Any questions on this, Council Members? MS. POINDEXTER: Yeah, I just have a statement. CHR. DAVID: Go ahead, Ms. MS. POINDEXTER: Thank you, Madam Chair. Sorry about that. I just wanted to hurry up and sleep. CHR. DAVID: We totally understand. Go right ahead. MS. POINDEXTER: Yeah. Aunty Lucille (Chung) came up, and she was concerned about what was happening, and it was because of her diligence that we found that the budget had been put down to down to zero. The community has been concerned because they were not wanting to lose a police station. And seeing the zero on the budget, that was of concern because they were told that the police station would not close, and the Police Chief did send me an email yesterday, assuring us that it would not close. Page 14 FC -24 December 3, 2019 So we're having a community meeting it's this weekend, Aunty Lucille, on Thursday—to try and explain to the community what is happening now. Because even I, whether I misunderstood and the community misunderstood that the merger was just going to be from—our officers from Laupahoehoe would go to get briefed in Honoka`a and then return back to the station, that is still happening. However, I think what they would feel really comfortable with isI think they're feeling like—I've heard the comment of being the stepchild, and turning it into a substation, and we don't have a real budget, and that's proof that it's not happening, and they can close it at any time. So it's that perception. We're going to be meeting hopefully, the Police Department will be there at our meeting on Thursday, as well, and to try and iron out all of this out. And we're hoping that in the upcoming budget that it can reflect what the actual cost is to run the Laupahoehoe Police Station. I want to thank the Police Chief for making this effort, at least transferring some monies into this fiscal year to show some cost at the Laupahoehoe Police Station. And we will be looking forward to working with you—with the Police Chief—on the upcoming budget, and working with the community, as well. So thank you, Aunty Lucille, for coming. CHR. DAVID: Mahalo, Ms. Poindexter. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Deanna, did we increase the budget for the North Hilo Police Station in the last budget? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) MS. SAKO: No. MR. KANEALI`I-KLEINFELDER: Did we increase staffing there? MS. SAKO: I don't think it was increased. We consolidated a couple stations, yeah. MR. KANEALI`I-KLEINFELDER: You consolidated. MS. SAKO: And Chief is here. (Note: At this time, Police Chief Paul Ferreira came forward to address the members of the Committee.) MR. KANEALI`I-KLEINFELDER: So there were no increases to the North Hilo Police Station? Page 15 FC -24 December 3, 2019 CHIEF FERREIRA: Good evening, Council Members. Police Chief, Paul Ferreira. In actuality, the budget in North Hilo was zeroed out totally. That is what Council Member Poindexter pointed out. That's what Aunty Lucille pointed out to me, as well, recognizing that the budget was zeroed out. And I had made a promise to Aunty Lucille and the North Hilo community that I was not closing the station. I even told them I'm not one to give up something I have. I'm not going to give away a station that I already have in my possession. If anything, I want to increase it not lose it. Once I recognized that the OCE (Other Current Expenses) accounts for the facility was taken away, I had that money to put back. The small amount you see now you see now is because it's prorated just for the remainder of the fiscal year. The upcoming budget, we will reinstate the full OCE accounts for the facility, which is the electricity, water, contracts, whatever it needs to maintain the building. MR. KANEALI`I-KLEINFELDER: Okay. I was thinking back to the budget and looking at where we had increased police presence in a lot of the different areas. Puna got two more officers; Hamakua; and I was just— CHIEF FERREIRA: Yeah, Hamakua and North Hilo Districts had additional supervisors, which is part of the proposal in the merger, was to ensure that we have adequate supervision of all of the districts, on all of the watches. MR. KANEALI`I-KLEINFELDER: Okay, yeah. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Poindexter, go ahead. MS. POINDEXTER: So we did increase the budget. Because we did add a lieutenant, right, toI thought it was the North Hilo; because of that, we added a lieutenant or CHIEF FERREIRA: No, the lieutenant was already in place in North Hilo. We added two sergeants. MS. POINDEXTER: In place. But we did because when we merged, we did hire more personnel there because of that though, because you wanted some oversight in north CHIEF FERREIRA: Because we needed additional supervisors. MS. POINDEXTER: Right. We have a full-time clerk position there, as well, right? CHIEF FERREIRA: We have full-time police operations clerk in North Hilo. Page 16 FC -24 Vote on Res. 421-19: (Approved) Return to Order of Business: COMMUNI- CATIONS: December 3, 2019 MS. POINDEXTER: Right. CHIEF FERREIRA: The CPO (Community Police Officer) that was designated for the North Hilo area is still assigned to the North Hilo area. MS. POINDEXTER: Right. CHIEF FERREIRA: There is still a custodian part-time—part-time custodian janitor that is assigned to the North Hilo section. MS. POINDEXTER: So all we're asking is that those positions to be reflected in the budget. Because if you have positions there, that are full-time there, the positions need to be reflected in the budget, so that's all. This is not what this is today, so we don't discuss this today. We have an opportunity to meet with the community on Thursday, and then to meet with you personally to see how we can massage this to make it so that the community feels real comfortable because we do have positions directed for that police station, not a substation. So I thank you for being here and thank you for agreeing to come out to meet with the community on Thursday. Thank you. CHR. DAVID: Thank you, Ms. Poindexter. Anyone else? Council Members, no? Alright, all those in favor of approving Resolution 421-19 please say "aye." The motion to recommend adoption of Res. 421-19 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: Mr. Clerk, I believe we can go to the top of the agenda. Thank you. The Chair directed the Committee to return to the order of business. The Chair directed the Committee to proceed to the next order of business, Communications. Page 17 FC -24 December 3, 2019 Comm. 9.13: FINAL MONTHLY BUDGET STATUS REPORT FOR THE MONTH ENDED JUNE 30, 2019, FROM THE DEPARTMENT OF FINANCE From Finance Director Deanna Sako, dated November 4, 2019, transmitting the above report pursuant to Hawaii County Charter Section 6-6.3(h). Motion to Close File: Mr. Kaneali`i-Kleinfelder moved to close file on Comm. 9.13. Seconded by Ms. Eoff. CHR. DAVID: Any discussion, Council Members? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Deanna, thank you for this. This is the last month of last fiscal year, correct? So I see we have a lapsed balance of $54 million. I went right to the back; I'm just reading the back of final is that right, final total $54 million in a lapsed balance? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) MS. SAKO: Which page are you on? MR. KANEALI`I-KLEINFELDER: Eighty-four. MS. SAKO: So that's all funds. Yes, it does say that, but keep in mind some in grants, some is CIP (Capital Improvement Projects) accounts that lapsed. There are a variety of things, yeah. MR. KANEALI`I-KLEINFELDER: Okay. Okay, thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? No? Seeing none, all those in favor please say "aye." Vote on Comm. 9.13: The motion to close file on Comm. 9.13 was carried by Filed 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: Mr. Clerk, Communication 10.26, please. Page 18 FC -24 December 3, 2019 Comm. 10.26: REPORT OF CHANGE ORDERS AUTHORIZED: OCTOBER 16 — 31, 2019 From Finance Director Deanna Sako, dated November 4, 2019, transmitting the above report pursuant to Hawaii County Code Section 2-12.3. Motion to Close File: Mr. Richards moved to close file on Comm. 10.26. Seconded by Ms. Lee Loy. CHR. DAVID: Any discussion on the change orders? Mr. Richards, go ahead. MR. RICHARDS: Deanna? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) MR. RICHARDS: The fourth one coming down, the Humane Society contract. And I know this is a multi-year with extensions, and we're at 886 percent of the original contract, so it's what, a five year? MS. SAKO: Yeah, I believe it was a one-year with four -option years, and we have extended as we continue to try and finalize the specs for the upcoming contract. MR. RICHARDS: Okay, and is that coming up for this year? When does that contract end? Is it a calendar year or fiscal? MS. SAKO: I'm not sure what it was. I believe it's going to run on a fiscal year going forward. MR. RICHARDS: Okay. And there was discussion about the separating the animal control out from the humane function, is that all up in the air right now? MS. SAKO: Yeah, that's part of the discussion as we work out the specifications. MR. RICHARDS: I also know that the Chief would love to have this in another department. MS. SAKO: We're looking at County Clerk's office, yeah. MR. RICHARDS: Oh, okay. Thanks, Deanna. I yield. CHR. DAVID: Alright, anyone else? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Deanna, sorry, I got a question. If it wasn't with the Police Department, where would it go? MR. RICHARDS: Clerk's Office. Page 19 FC -24 December 3, 2019 MR. KANEALI`I-KLEINFELDER: Besides the Clerk's Office? MS. SAKO: There's not really another place. I mean, there's no place that it really fits with. If you look at the Charter and you look at all the different departments and what their responsibilities are, there's no good place to put animal control. MR. KANEALI`I-KLEINFELDER: I heard today that we possibly have the resignation of our Hawaii Island Humane Society Chief, so I'm just—and I've had a lot—after the last dog attack yeah, Charlie Brown has stepped down. I'm watching that after the dog attack; it's very fresh in my mind that there's some changes that needed to be made. I realize the contract is part of it, and I realize it goes under the Police Chief, too. So I have some questions and I'd like to meet with you about that later. MS. SAKO: Yeah, we are working on a new one, so now is the time to get any comments. MR. KANEALI`I-KLEINFELDER: Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? No? I thought I saw your light. Go ahead, Ms. Lee Loy. MS. LEE LOY: And maybe Deanna or Chief, correct if I'm wrong, part of the Humane Society contract is the enforcement piece, right, that a lot of them have. So they actually take some of their firearms training which is given to them by the department, and so kind of share a little bit about that. That's why it's kind of wedged in there the way it is. (Note: At this time, Police Chief Paul Ferreira came forward to address the members of the Committee.) CHIEF FERREIRA: Okay, you first correction is we do not train anyone for firearms except for police. We won't take that liability. The training that we do provide to the Humane Society officers is how to issue citations, verbal judo, dealing with people. Corporation Counsel comes in, Prosecutors Office comes in, on various aspects of the law. They are badged by the department. They are sworn in by myself or one of my commanders, and that's the relationship that we have with them. MS. LEE LOY: And it's that kind of relationship that kind of created that space for them to be under, sort of. CHIEF FERREIRA: I really don't know what created this space for them to come over. It was with Finance. It didn't belong with the Department of Finance, Page 20 FC -24 December 3, 2019 I guess because of the amount of the contract or because of the contract itself. And because it has enforcement piece attached to it, they put it to the Police Department. However, we don't have the resources or staffing to actually manage what they do in their facilities, which is part of the contract. CHR. LEE LOY: Yeah, okay. Yeah, thank you. I just wanted to share it. It does seem kind of wonky. But there's some relationship to law enforcement for that piece. Thank you, Chair. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? All those in favor of filing Communication 10.26 please say "aye." Vote on Comm. 10.26: The motion to close file on Comm. 10.26 was carried Filed 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: Mr. Clerk, please, Communication 11.18. Comm. 11.18: REPORT OF FUND TRANSFERS AUTHORIZED: OCTOBER 16 — 31, 2019 From Controller Kay Oshiro, dated November 14, 2019. Vote on Comm. 11.18: Mr. Richards moved to close file on Comm. 11.18. Filed Seconded by Ms. Lee Loy 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. CHR. DAVID: Mr. Clerk, please, Resolution 403. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (Note: Items in this category were taken up previously, out of order) Page 21 FC -24 December 3, 2019 Res. 403-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, PURSUANT TO HAWAII REVISED STATUTES 46-7, FOR A GRANT TO THE POLICE DEPARTMENT Accepts funds of $10 million from the State of Hawaii to reimburse the County for overtime costs, supplies, equipment, and other expenses incurred by the department in response to the protest activities related to the construction of the Thirty Meter Telescope on the summit of Mauna Kea. Reference: Comm. 605 Intr. by: Ms. David (B/R) Postponed: November 19, 2019 (Note: There is a motion by Ms. Villegas, seconded by Mr. Richards, to recommend adoption of Res. 403-19.) MR. BROWN: So we can go directly into discussion. CHR. DAVID: Thank you. Yes, thank you. Council Members? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: I don't know how you want to handle this, but I have questions for multiple agencies. Maybe we can start off with Joe. I think, I'm going to start off with you, our Corp. Counsel. (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Committee.) MR. KAMELAMELA: Good evening, Chair, Members of the County Council. Joseph Kamelamela, Corp. Counsel. MR. KANEALI`I-KLEINFELDER: Thank you, Joe. So I understand today the idea is for this Council to accept funds into the County via grant from the State by resolution to cover costs incurred only by the Hawaii County Police Department on Mauna Kea. And this is in regards to the agreement that we've been talking about between ourselves and the State, that we've been kicking around. MR. KAMELAMELA: Right, yeah MR. KANEALI`I-KLEINFELDER: So after I looked over the resolution, I read Chapter 46 (Hawai`i Revised Statutes). MR. KAMELAMELA: Seven. MR. KANEALI`I-KLEINFELDER: And then I looked at 46-7 and I looked at 46-8. In this instance, does HRS (Hawai`i Revised Statutes) 46-8 apply? Page 22 FC -24 December 3, 2019 MR. KAMELAMELA: I was looking at 46-7. MR. KANEALI`I-KLEINFELDER: Okay, I just looked at the both of them. They're similar; one is more in regards—or where the heading of the paragraph to a federal body and one to a State body, and for different reasons and for different circumstances. MR. KAMELAMELA: Right. MR. KANEALI`I-KLEINFELDER: But does it apply in this case? MR. KAMELAMELA: You know, I would have to look at the 46-8. Yeah, I didn't keep my notes from the last meeting. So what we usually do is wea lot of the agreements we do is use 46-7 because 46-8 is a little bit different. MR. KANEALI`I-KLEINFELDER: But is it this doesn't apply in this case. It's that why we're not going use that? MR. KAMELAMELA: No, I—from what I recall, you know, 46-7 is more applicable. MR. KANEALI`I-KLEINFELDER: Okay. Okay, this reso is calling for 46-7 to accept funds from the State. I noticed 46-7 was actually enacted in 1957, which is before statehood. And then specifically is it 46-7 because it requires the consent of the Council to do so? MR. KAMELAMELA: Yes. MR. KANEALI`I-KLEINFELDER: So we're using 46-7 and transfer funds from the State to the County via a grant, and we all can agree here that 46-7 is the mechanism, the best mechanism to do that? MR. KAMELAMELA: In this situation, yes. MR. KANEALI`I-KLEINFELDER: Okay. MR. KAMELAMELA: There might be another mechanism, but this is the mechanism that we use. MR. KAMELAMELA: Okay, and I've seen this one a lot; I can say that. It used to be kind of our generic run of the mill. So I recall from previous meetings being told that the Fire Department, I think November 5, had been reimbursed already. Correct? MR. KAMELAMELA: Yes. Page 23 FC -24 December 3, 2019 MR. KANEALI`I-KLEINFELDER: Why wasn't 46-7 applicable to that transfer? MR. KAMELAMELA: So from what I understand, a lot of the funding, when it comes to Fire, is paid through the State anyway. You know, so the State pays in a situation like this for the EMTs (Emergency Medical Technician). MR. KANEALI`I-KLEINFELDER: But was all in regards to Mauna Kea related activities. MR. KAMELAMELA: Oh, yeah. But it doesn't matter because that's how the Fire Department gets the funding to do the ambulances, unless I'm wrong. Oh, okay, so MR. KANEALI`I-KLEINFELDER: So I'm going to read 46-7. In my opinion, looking at 46-7, it's titled Agreement with Federal Government Use of Funds. I'm no lawyer, but just bear with me. And it's between, and again pre -statehood, "A governing body, planning commission or department of the various counties with the consent of the council may enter into agreements." But if we were to—if the State was to reimburse the Fire Department via an agreement, which we had at some point because we've already had this agreement, we've been talking about it for months, I've never seen it. MR. KAMELAMELA: You're talking about the Fire Department. MR. KANEALI`I-KLEINFELDER: Yeah, there had to be an agreement to reimburse for Mauna Kea related activities. MR. KAMELAMELA: Yeah, I think there's a you know, that's how generally they get paid. So they're—so they don't go through this process, you know. They have another procedure that applies specifically in this situation, where the State is paying for our EMT guys. MR. KANEALI`I-KLEINFELDER: So EMT was the only people on the mountain? MR. KAMELAMELA: No, no, no. You're asking about different ways in which people are getting money. Fire has a separate process. So I'mthat's what I'm looking at. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) MS. SAKO: But just to clarify, yes the State asked for medical personnel to be available at the mountain; and that's all Fire sent, was medics to be up there in case there was a medical emergency. Page 24 FC -24 December 3, 2019 MR. KANEALI`I-KLEINFELDER: And there's no need for a consent of Council for that fund transfer? MS. SAKO: Well, they already pay us for all of our emergency medical service transactions, so they were basically operating under the same agreement. MR. KANEALI`I-KLEINFELDER: Is there a financial threshold to 46-7? MR. KAMELAMELA: No. MR. KANEALI`I-KLEINFELDER: I find it interesting that we can move funds for one but not for the other, one needing consent of Council and one not. Okay, I'll move on then a little bit. MR. KAMELAMELA: I should clarify something. Because I know that in some fashion this Council eventually, you know, would get information dealing with the EMTs, you know, as to the amount of money that's going to be coming into the budget, anyway. I mean, some place along the line there is something that reflects the amount of money that the State is paying. MS. SAKO: So in the budget ordinance, all of the grants actually have language that in the back of the budget ordinance, referring to the section, and basically allowing the Mayor to enter into agreements with the state and federal agencies for the grants that are included in the budget. So when we are coming forward to Council mid -year, it's for the agreements—for the grants that haven't already been included in the budget. MR. KANEALI`I-KLEINFELDER: Those grants have to have a specific purpose or they can be general? I cannot see how the money can come into the County via the State without either mayoral oversight, which we've talked about before for different agreements or consent of the Council. MS. SAKO: Right, and the Council approved the operating budget that included the EMS (Emergency Medical Services) grant for this fiscal year. MR. KANEALI`I-KLEINFELDER: Yes, but that did not include cost that hadn't occurred yet as far as I could tell. MS. SAKO: There's a lump -sum amount. And just like in the past, Fire will come forward if there's amendments are needed to those appropriations. MR. KANEALI`I-KLEINFELDER: Did we see that? MS. SAKO: I don't think they have yet, no. Page 25 FC -24 December 3, 2019 MR. KANEALI`I-KLEINFELDER: But it's already been done, signed over, and the monies been reimbursed. You know, we haven't seen anything. MS. SAKO: If they need those appropriations. MR. KANEALI`I-KLEINFELDER: Okay. MS. SAKO: The appropriation they have right now may be large enough to encompass all of it. MR. KANEALI`I-KLEINFELDER: If we do accept these funds, what liability is being placed upon this County and this body? I'm saying this because we have yet to see the agreement. MR. KAMELAMELA: If you want a copy of the agreement, which I don't have, I mean, I can show you the agreement, but it's not ausually the only thing we ask for is that a resolution to allow us to go into the agreement. But this is what one agreement that has been recently signed. If you want a copy of it, you know, I can provide it later. I don't have it with me now. MR. KANEALI`I-KLEINFELDER: We've kind of had this—we've had this conversation before, where we were asked to sign off on an agreement to allow for the County to accept funds for something, but yet we have no agreement, we have no contract. I see it as backwards. I don't understand the process. MR. KAMELAMELA: Well, we just went through a resolution dealing with the lease agreement, you know, so that's why we need to give us the authority, you know, to validate the agreement. And I've done situations where—so like this situation is basically ratifying what was done already. MR. KANEALI`I-KLEINFELDER: That right there, I've got to back to it because it's with the consent of the Council. But when the agreement it's already been done—the agreement has been talked about, created, signed, and partially reimbursed, and then you come before us to ask for a consent, that doesn't seem to be in alignment with 46-7. MR. KAMELAMELA: Well, it doesn't say when consent is to be received. Yes we can try to do it prior to, but I've been here long enough to know that sometimes it takes agreements time to finalized, which is what happened here. CHR. DAVID: Mr. Kaneali`i-Kleinfelder, I heard the buzzer. But let me check with Council Members. Does anyone else have questions? No? He can continue? Okay, go ahead, continue. MR. KANEALI`I-KLEINFELDER: Joe, I would opine that 46-7, being pre-statehood—and again I'm not a lawyer—but just from reading this, I read this Page 26 FC -24 December 3, 2019 multiple times, that says very specifically, " With the consent of the council, may enter into agreements." That's why it caught my attention. That's why I read it, and I'm going to come back to it. There was an agreement, but with the consent of the Council. But when the agreement's been done and signed by all parties, that was last month we heard that. MR. KAMELAMELA: Yeah, and then I mentioned the concept of ratification. So this body can ratify agreements that had been done. It's been done before. There's nothing that's illegal about it. The process that you speak of, you know, yes, things will be done early, but sometimes given the circumstances, no, you know. We were there dealing with a situation, as I understood it. I mean, I didn't even know that this thing was happening, you know, when it first started. But I understand that sometimes, you know, there's an operation that happens. And it's important that when the State says that they're going to pay for certain kind of costs incurred by the Police and then follow up with a letter that kind of indicates it, and then I think we should follow through. And so we have this agreement that was signed also by the Mayor. It was signed by myself, by Deanna, by all parties that needed to be done. This is just the last act to be completed. And when I speak about the document of ratification, you know, that's the appropriate method that had been utilized by many councils prior to this. MR. KANEALI`I-KLEINFELDER: I would worry because we haven't seen the agreement. That when we say yes or no, whatever is in the agreement goes and it's done. Do we ever see the agreement? MR. KAMELAMELA: Well, right now no because nobody had asked for it. You know, as I said, if you want a copy of the agreement, I can give it to you. But usually what we're here for is just to say yay or nay to enter into one agreement. MR. KANEALI`I-KLEINFELDER: And I give you that one, except the agreement is done and signed. So it's not that we're saying yay or nay to an agreement. The agreement is done and signed, please sign off on it so we can proceed. I'm sorry, Joe, this has been bugging me for a while. From day one we were told by the Mayor that we don't have jurisdiction, then we were told by the Chief that we only respond to an emergency and our role was just to maintain the safety of our roadways and keep them open. We were told for months that an agreement is being prepared. MR. KAMELAMELA: Yeah. MR. KANEALI`I-KLEINFELDER: November 5' we found out that an agreement had been signed by all sides and was done, still no consent from the Council. Today we're being askedoh, two weeks ago, but no one came. Today Page 27 FC -24 December 3, 2019 we're being asked for the first time to consent to this magical unicorn of an agreement utilizing a pre -statehood piece of legislation, and I feel that it may actually be in violation of 46-7. MR. KAMELAMELA: But I don't believe it's in violation. And just to correct the record, I was here, Deanna was here, you know, at the last meeting. I appreciate you have a different opinion; I accept that. But it's up to the Council. I mean, if the Council is going to say no to getting $10 million, fine. I mean, that's the bottom-line. MR. KANEALI`I-KLEINFELDER: Well, we're back to where we have no idea what the agreement requires in regards to the transfer money and the expectations. And to add insult to injury, what I asked for from the beginning, the ability of this body and the whole of Hawaii County to have a voice in this and to have a say in what happens on our island and in our County was bypassed by use of having an agreement that requires a consent by the Council but didn't require it in this case. We proceeded, after the fact came back for the money, and now we're being asked to stamp here so we can have our $5.1 million back. And actually, you know what, I'm wrong because it's only what the Police has spent, just $4.76 million. MR. KAMELAMELA: No, I mean, point taken. You know, I'm not here to speak about anything else, except I think it's appropriate for the Council to consider. And it's up to Council, up or down. MR. KANEALI`I-KLEINFELDER: But a few months ago I read a piece in a magazine regarding government's relationship with the people, and the main issue of most public citizens is public trust. And I think today, this right here, it shows that we're willing to bend the rules when it meets our needs; but in turn, we're bending the foundation that we all stand on, and I MR. KAMELAMELA: I really don'tI don't agree with that, you know. You know, this is a society that had many positions. I'm not here really to take any sides at this time. All I say is there's an agreement. We have an opportunity to get at least $5 million back. Up to the Council. And I don't think there's anything legally wrong with the agreement except now it's up to the Council to vote. Sorry that I'm kind of repeating myself but I think I'm just going to stop. MR. KANEALI`I-KLEINFELDER: Joe, I've come to appreciate you and love you over the past ten years since we've started waiting at Hilo Bay Cafe. Just in this instance I feel that this wasn't done correctly. There are a lot of unanswered questions and the silence from the Hamakua side of this building is deafening. MR. KAMELAMELA: No—and I do accept what you are saying, but what I cannot accept is this concept that what we're doing is illegal. No, it's not illegal. I can never accept that. Page 28 FC -24 December 3, 2019 MR. KANEALI`I-KLEINFELDER: I just—like you put us in a very interesting spot now, and we're all of a sudden we have become the crossroad where the County either gets paid what we've done or not. From the beginning, it wasn't our decision. MR. KAMELAMELA: Well, it wasn't me that put me in this spot. MR. KANEALI`I-KLEINFELDER: Sorry, I'm saying you because you're part of (inaudible). MR. KAMELAMELA: This is the people who are protesting. I'm not the one protesting, you know. I'm not even saying that what they're doing is wrong. But this is one incident that wasn't created by me. All I said is that we have this agreement. That's it. I think the agreement is legal as written and it's up to Council. I don't think I can say anything more than that. MR. KANEALI`I-KLEINFELDER: I yield. Joe, again, I appreciate you. I've come to like you a lot, and I'm sorry but this conversation has to be had. And I've been struggling with this for the last—since July. MR. KAMELAMELA: I know. I understand the struggle, you know. I mean, we had many conversations. Nothing personal. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. MR. KAMELAMELA: Okay. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Villegas, go ahead. MS. VILLEGAS: Thanks for your comments, Joe. And I don't think any—I know for myself, wouldn't try and say that this is illegal. I guess what it comes down to is it kind of feels in poor taste with how volatile this circumstance has been for so many people on our island, and so many people within the administration and here on the Council. It's been a very sensitive issue, and it's all something that unprecedented. Perhaps it wasn't specifically requested that before anything go forward, the Council see what that agreement is particularly. As was just kind of surfaced in prior conversations, not just on this topic, but there's an underlying, sometimes, lack of trust, right, and our really wanting to make sure that all—that everything is aligned appropriately. And I think just with a lot of sensitivities that a lot of us have had about this circumstance, it may have behooved the parties involved. Because personally I feel like how are we going to say no, when that's what we were asking for in how many other sessions. But not actually seeing the document, I just—sometimes I want to make sure there's Page 29 FC -24 December 3, 2019 no—if you basically quid pro quo is what I would want to make sure it doesn't exist within that document. So I concur with Mr. Kaneali`i-Kleinfelder. I appreciate your questioning and your research and your keeping track of the timeline of these things. I also appreciate your years of service, Joe, and your recognition that this has happened before. This happens, it's not illegal, I justI guess for myself personally, with it being such a sensitive topic and something that has caused such turmoil and continues to cause pain for some, and fear, and courage, and bravery, and alignment, and amazing connectivity with our community, kind of a balance of both, I just think that in the future, if we ever have something like this, perhaps—hopefully we never do. MR. KAMELAMELA: I am with you there. MS. VILLEGAS: But just perhaps it may provide an opportunity to approach something like this a little differently, so we don't end up feeling we don't know what we're approving necessarily other than just—yeah, because it's more complicated than that. So with that, I yield. CHR. DAVID: Thank you, Ms. Villegas. Ms. Poindexter, go ahead. MS. POINDEXTER: Yeah, and I truly believe the protectors did not put us in this situation; that poor decisions put us in this situation. You know, what Council Member Kaneali`i-Kleinfelder said is absolutely true, because would you approve an agreement that you have never seen or read? I don't think you would. I mean, nobody would. They always teach you that in law school, right? You've got to see something. You don't sign off on something unless you know it. It's like we're signing off on that. So, I agree with what was said. And it's hard to say don't take the money because of—how it happened wasn't right. Because that money, like I said before in a previous meeting, came out of all of our pockets, our people's pockets, everybody. Even the protectors on the mountain, they're paying for this. It came out of everybody's pocket. So of course I'm not going to be stupid enough not to take the $10 million because we need it back here. It came out of our pocket; I want it back—and making sure that we don't have to pay additional. But here we are, and I said this at the previous meeting too, we're spending time on the mountain where it's the most peaceful place on this island, maybe in the State and in the world, yeah. When people are dying on our roads, we need our police officers back in our communities. We've had things happened, and I've heard from community members, we couldn't get ahold of some of our community police officers, and this is hearsay, and we'll figure that out at the community meeting, because they're telling us they cannot be there because they're on the mountain. So all this stuff is happening down here because we're Page 30 FC -24 December 3, 2019 at one peaceful place up there trying to give tickets on that road when people are dying on the other roads. So I have a kind of "yuck" about this, too. And I feel that very, very poor decisions are being made by administration. So I understand the frustration of the people and some of our Council Members or maybe all of our Council Members. So I'm not going to be foolish enough not to take the money that we had put into that. That's our money, that's the people's money, so I'll be voting for it. However, how it was done, I think we've got toI don't know if there's some type of policy that's got to be place, to make it stricter, where if that kind of things happened, what are the consequences? Because if not, administration or whomever will just walk all over us. That's just how it is. And say, "You know what? Too bad. You like `em or you no like `em?" So, I'll yield at this time. Thank you. CHR. DAVID: Thank you, Ms. Poindexter. Anyone else? No? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: I'm surprised that the quietness of this Council. You're about to enter into an agreement that you've never seen. That is very surprising. We've talked numbers. We've talked about a lot of things, and we all step up to the plate. But today, you're going to sign into an agreement and you don't understand the ramifications of it. What is our liability stemming from this? What do we do from here? What is our continued enforcement? I mean, there are a lot of questions there that come with this money, including we're taking $10 (million). We spent $4.7 million, so what's the next $6.3 million for? There are a lot of unanswered questions pulling out of there. MR. KAMELAMELA: Well, the $10 million is like a placeholder because there might be more. So rather than come in here multiple times, you know, there's— MR. KANEALI`I-KLEINFELDER: It scares me to death that we can spend $10 million here without question. We have so many things that need addressing on this island: roads, highway, schools, you know, State projects, County projects. We scrap for money. We just had to transfer $12,000 to cover North Hilo police station. And yet it comes down to $10 million, and we say yep, we need it. It just it scares me that we're willing to do that without question or with just a few questions and without seeing an actual agreement. My grandpa told always get it writing. We've got nothing in writing right now. We asked for an agreement for months, no agreement. And then today, "Oh, I have it if you want to see it." I mean, we wanted to see it a long time ago. That would make me a lot more comfortable, knowing I'm about to sign off on something. Put my name on something. Everyone here is going to put their on something, and yet we've never actually seen it. It is a Catch-22. Page 31 FC -24 December 3, 2019 I have a couple different solutions. Tim, you have your light on. I'd like to hear what you have to say. CHR. DAVID: Thank you. Go ahead, Mr. Richards. MR. RICHARDS: Thank you, Chair. It's really simple; I disagree with what you're saying. I disagree. Val, I don't disagree that I think there's mistakes made in the administration and how some things have been handled. But I would certainly not consider the mountain as without any problem. The police have had to respond to some pretty bad situations up there, so it's not without its issues. Now this is not forum, or maybe it is forum, to debate this. The funding, we do this all the time. And I appreciate what you're saying, Matt, concerning the accepting of funding, but we accept donations. We don't read what's going on. We're not authorizing anything. What we're doing is we're accepting funding going forward. The whole matter of what's going up on the mountain is a different conversation. And I don't agree with your assessment. I do agree with Joe's assessment, because we do this and this Council has done this, and we've all been party in this Council of accepting funding. So I'm going to support it going forward. The other side, maybe you and I should sit down and talk story about this, and I happily talk story with you about it. So I'm going to support it. I don't agree with the assessment. And at that point, I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Ms. Lee Loy, go ahead. MS. LEE LOY: Yeah, thank you. I think the rub really is process. You know, we saw we've got a Mass Transit contract. Had to enter into a multi-year contract without seeing that amount. We just had another one today with a lease agreement, and then now this, you know. Like Ms. Poindexter said, it's the taxpayer's money. I think the unfortunate part was it's being expended without the Council's oversight. But then that's where things go a little wonky, right? Administration has to respond. You know, those are the branches of government. The administration has to execute, the Legislative Branch has to policy make. So I'll ask the loaded question; if we don't take this money, Joe, Deanna, what happens? MS. SAKO: If we don't take the money, then we have to find another way to cover these costs. MS. LEE LOY: From a budget that's already been allocated to June 30. Ooh, rocks in hard places. Yes, Ms. Poindexter, rocks in hard places. Is it possible for us to see the agreement and postpone this decision? Page 32 FC -24 December 3, 2019 MS. SAKO: I was going to suggest that since we're still at Committee, if it moved forward, that I'm sure Mr. Kamelamela would agree to provide you the agreement between now and the reading at Council. MS. LEE LOY: No kidding. MR. KAMELAMELA: Yes. MS. LEE LOY: Okay, but the agreement's been executed. So even if we wanted to try and amend that agreement, it would be a challenge at this point. MR. KAMELAMELA: Right, because we're working with the State. You know, the State has to attend to things that they look out for. MS. LEE LOY: Yeah, thank you. Thank you, Joe. Thank you, Deanna. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? No? I just have a couple questions beforeoh, go ahead. I'm last, anyway. MR. KANEALI`I-KLEINFELDER: Thank you. Just to put this out there, we've done this before. Wouldn't it be interesting if all the funds coming into this County via 46-7 would be deposited to a special account, and then at the consent of the Council those funds would be released? We did this for lava recovery. I'm just going to put that on the table so you can all look at that. Think about what that would be like. I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Really quick, I only have one question. As I do not care for math anyway, we have received—okay, we've expended or we billed $4,394,000 and some change, and we've received $3 million, almost $4 million, already to date. That came from the State? MS. SAKO: Correct. CHR. DAVID: That reimbursed us. Okay, now I think is where I have a problem. Because in the MOA (Memorandum of Agreement) or whatever agreement that was supposedly signed, I would imagine it would have recitals or provisions on what this $10 million are going to be MS. SAKO: So the $10 million is just a number that we picked to appropriate, but the agreement doesn't have a specific dollar amount. It's for the reimbursement of the cost we incurred. CHR. DAVID: But we've already been reimbursed. What's going to happen to what we've already been reimbursed in relation to this $10 million amount that they're Page 33 FC -24 December 3, 2019 MS. SAKO: Right now it's kind of in a holding account until such time as Bill 115 is approved. CHR. DAVID: So we basically—that's just a number that's being thrown out there for us to—yeah. MS. SAKO: It's like a placeholder so that we have a place to put the money and the related expenses. CHR. DAVID: So after you get all the final numbers of what we've reimbursed to date, that you will include in an accounting and MS. SAKO: It will be in that—I know we're not on it, but in Bill 115 is the appropriation, and so the revenue and the related expenditures will be accounted for in that revenue account and in the related expenditure account. Sorry, I'm flipping. But it's creating a specific revenue account for the Mauna Kea cost and specific expenditure account for the Mauna Kea cost so that we can account for them. CHR. DAVID: Okay. And that's like a $10 million cap is what we have, Or a placeholder of $10 million? MS. SAKO: It's just a placeholder of $10 million. Because at the time when we were creating the appropriation, we were already very nearly $5 million mark, so we had to pick something. CHR. DAVID: Gosh, I just—yeah, I personally would like to have seen what we've—the agreement. Like the other Council Members, I'm not going refuse this because for whatever reason, we need it. But it's a really unusual situation to begin with, and then we've handled it in a very unusual manner, where we had tried to get answers or at least some sort of explanation beforehand on numerous occasions, and it's taken like three month to even to get to the point where we have an agreement, and that is so after the fact that it really just raises questions in my mind, is why did it take us so long to get it done? And that's where the transparency and the trust in government, in my mind, lies. Because this is not this is a matter that has everybody's attention, and we've had this matter on the agenda, and still we've got questions. I just hope that we can get a copy of that agreement. It might just raise more questions. But just this whole process is something to be desired, and I just can't explain how this happened and still don't know; have any explanation. So I would love to see that agreement, and maybe we can develop more— MR. KAMELAMELA: More questions. Page 34 FC -24 December 3, 2019 CHR. DAVID: More, yeah. More questions. Council Members, all those in favor of approving Resolution 403 and forwarding it to Council with a positive recommendation, please say "aye." Vote on Res. 403-19: The motion to recommend adoption of Res. 403-19 (Approved) was carried by the following voice vote: Ayes: Committee Members Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 7. Noes: Committee Members Chung and Kaneali`i-Kleinfelder — 2. Absent: None. Excused: None. CHR. DAVID: Mr. Clerk, I think we can do the companion bill, 115 right now. BILLS FOR The Chair directed the Committee to proceed to the next order of business, Bills ORDINANCES: for Ordinances. (Note: Bill 121 was taken up previously, out of order.) Bill 115: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the State Grants — Mauna Kea Costs account ($10 million); and appropriates the same to the Mauna Kea Costs account. Funds from the State of Hawaii would be used to reimburse the County for overtime costs, supplies, equipment, and other expenses incurred by the Police Department in response to the protest activities related to the construction of the Thirty Meter Telescope on the summit of Mauna Kea. Reference: Comm. 605 Intr. by: Ms. David (B/R) Postponed: November 19, 2019 (Note: There is a motion by Ms. Poindexter, seconded by Ms. Lee Loy, to recommend passage of Bill 115 on first reading.) CHR. DAVID: Council Members, any discussion on this bill? Seeing none, all those in favor please say "aye." Page 35 FC -24 Vote on Bill 115 (Approved) The motion to recommend passage of Bill 115 on first reading was carried by the following voice vote: Ayes: Committee Members Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair David — 7. Noes: Committee Members Chung and Kaneali`i-Kleinfelder — 2. Absent: None. Excused: None. CHR. DAVID: Please, the last item on our agenda, Bill 120. December 3, 2019 Bill 120: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the Fire Department Private Contributions account ($125,000); and appropriates the same to the Fire Department Private Contributions account. Funds provided by the West Hawaii Community Health Center, Inc. would be used for the expansion of the Community Paramedicine Program. Reference: Comm. 632 Intr. by: Ms. David (B/R) Vote on Bill 120: Ms. Kierkiewicz move to recommend passage of Bill 120 (Approved) on first reading. 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. CHR. DAVID: And please may I have a motion? Page 36 FC -24 December 3, 20.19 ADJOURNMENT: There being no further business, at 7:08 p.m. Ms. Eoff moved to adjourn the meeting. Seconded by Ms. Kierkiewicz 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. CHR. DAVID: We are adjourned. Thank you everyone. Approved: Ms. Maile Medeiros David, Chair Finance Committee MD/na 1.117,-"av (Date) Page 37