or silent mode and we shall ask if there is anyone wishing to provide testimony this morning do we have any requests in chamber you know you for time to come thank you and on please everybody rosemary robbins concerned citizen had like to address budget and finance four five one and budget and finance thirty eight friends one and i picked up a lot of conversation over the weekend about this i did come down last week and got a hold of the resolution about this and this is about hiring  another law firm to represent us and page two of that resolution item two says first one was the name of the law firm that's going to be  dealing with this if it passes today and item two first one on the top of page two of this resolution says that the cost of this shall not exceed seventy thousand dollars and the minute they heard the shall not exceed was the explosion what are you talking about the last time they did this they started out with saying shall not exceed different law firm but it shall not exceed two hundred fifty thousand dollars and after four exceeding it got to be two million and other hundreds of thousands of dollars so the credibility is just needing improvements out there and the third item on this is now again on page two of the resolution says that it shall be limited the money now for this other law firm the new one proposed be limited to two thousand five hundred and there's that shall not exceed again shall be limited and the fourth one says that the expenditure is of additional funds shall require prior council approval and i didn't have an answer for this one people asked this same difference between what if indeed you're being asked to appropriate seventy thousand dollars but the expenditure as would be two thousand five hundred that leaves sixty seven thousand five hundred or watch i don't know what the difference is i certainly couldn't answer that but i'm  it just letting you know that that's a question out there so people are listening about what you're doing with money they're very happy that you're asking the questions ok and then over to the second  with that committee so people can be listening this morning so that's the good news is that they do care they are listening so hopefully you can clarify those things for them thank you thank you m evans members any questions for the levy or the money presented remount mr robinson for your presence this morning you're welcome is there anyone else wishing to provide testimony kate we have no we are in receipt of a communication fifteen to seventy six for the director of parks a recreation is transmitted a proposed resolution authority and except ends of a donation a compliance issues are in your chair understandings regarding conditions sixty seven of a special management area a permit and off site parking approval for the proposed hyatt regency my wee addition ok did in  members so following up on our previous meeting we had with budget regarding this particular issue we did find i did go back final a bit more from but departments in general and just finding a were these funds in a sense came from a what was being correlated between what was currently built in a civic center to what this four hundred and sixty thousand is being donated to the department from what i could find the price that was given was from the higher timeshare was not soley for the county it was the in a sense of payback to what was being taken from the new construction and it could have gone to any single organization that was going to put it into a tennis facility for an upgrade or anything like that across the island not specific for the county the previous director's office in the records office part to me arriving had to go shaded up race from what was originally presented from the hyatt group and from what the partment thought it was worth and this was the number that was kind of came up and if you read the document it does state that it does not people have to go to the county but again because we did develop those new tennis courts over in the high end of course any proceeds we get to kind of offset those costs is why we came about of accepting it and coming up with a number that both parties were happy  yeah yeah  i mean no mr director for parks we knew this was going to cost us two point six when we agreed to look at this donation chair need to replace or extend our tennis courts but what the high it was required to contribute on their part of it really had nothing to do with a sense of us rebuilding or extending our tennis or going to highland there was in the plan to pay for the entire build out i think director of the negotiation for this donation was totally separate from any particular tennis court improvement one of the history on it the in two thousand and eight if i recall right the planning commission was considering a special management area use a permit for the construction the hyatt time church tower which has recently completed there was a lot of testimony from project that was being proposed for the high it was going to be also eliminating tennis courts and so they came to the plan a number of planning commission meetings testified with concern about the elimination of courts and ultimately  concern the project applicant developed at the time offered to provide two to any party who wanted to build three tennis courts to replace the three were removed to come up with the cost of those courts so it was it was almost on the floor a last minute condition that didn't go through staff or anything it was try and the offer was made and accepted by the commission and they offered that condition years to come up with what could be what they would be able negotiate agree upon as a reasonable cost for a construction of three tennis courts i understand the developer originally came in with a cost cost of something around two hundred thousand parks i think came up with about nine hundred thousand i can't quote those exact numbers but and eventually they did negotiate down to this this level so it had no specifics of any any particular improvement in mind but it was based upon   they did kind of put a little beautification area as well with the parking lot it's right behind it a kind of a comfort station so there was a little bit more but again your concerns are valid just as mine with the cost of that as far as plain and simple standpoint  the difference is again the cost of the business for government history of how this came to be at this point because the dollar amount is there the building is built and it's something where it's you know take what we have what we can get at this point but mr baez in my own notes from the past meeting and the refund dean of the funds is going back to park assessment because i have a general fund also so i assessments so no general fund monies went into the construction of it ok and so there by this would go back to park assessments recommending co write yeah ok all right very good so chair yeah i don't know fully we can coordinate these type of efforts better in the future i don't think not sure if there's a way to adjust this contribution now at this late e group as well so it was from this this current administration director office something went awry and we spend four hundred sixty eight i mean we spent two point six million dollars that we're going to get for sixty eight back now doesn't sound too cool so i think there's an expensive lesson but i think it should be made very clear that the current director was not there at the time this happens and you know we can't ask him all the details because unfortunately he wasn't the rector so he's looking into records and we know how those can be but it's really really mentioned earlier and it's really said that these kind of things happen but unfortunately they do so maybe it's we made it we better build a better mousetrap and there will for  think the the contribution is a significant amount of money the fact that we spent two point six million dollars in my view is our bad not necessarily the parks fun but i'd like to know how we spent the two point six million dollars i would appreciate if you don't mind pulling the contract and as importantly pulling the r f p and see who  else bid on this because if it's two point six and it's primarily for tennis courts that's that's just a huge amount of money for a couple of tennis  courts so i realize that up by the by a civic center it's any where you put something flat is going to require a bunch of grading so i'm sure there's a lot of grading cost in this as well but i'd like to at least get a better sense of whether this is actually the difference between the private sector doing a project and the county doing a project no thank you mr coach thank you mr chair and i and i agree with my colleagues that we need to put this money back into the west fund as well  as figure out what the heck this is all you know what we spent this all on because it looks like there's there was a amendment for four hundred fifty two thousand dollars for the tennis courts that's additional services and as mr white chair white says this report just tells us very little as to what was going on the initial bit apparent initial cost apparently was one point nine million kind of looks like but it i would love to see what we spent that all i know we spent parenting comfort station a new restroom and that  gets expensive as well but it would be nice to see how how three tennis courts became two point six mil thanks any other current any other questions you may have fo prepared for the next meeting including with the recommendation that the contribution be restored back to the with small we park assessment for anything else members going in this i don't dismiss a coach thank you and i just want to see what the timing is on this it looks like the courts were done and then the negotiations for the price were done i mean i mentioned that years later  i guess my question is if we already knew how much it cost and then we go into negotiation years later and just to know how to how do we come up with that number so i thank you  white i just have to add to that that if we're looking at putting in the full burden on of developer the cost to do a county project to replace three tennis courts in an area of our choosing that's our choice to put it where there's a lot of grading and other improvements that may need may have needed to be done so i think it's you know for me it's not easy to say that the developer is all wrong here or the county that negotiated it was all wrong and not asking for the full amount four hundred sixty eight thousand bucks is a lot of money for some   members we're going to move forward sent us a proposed resolution and as we have maintained over the last few years this is considered a special counsel therefore various times in the in the past week guarding our issuance of bonds i have personally met the gentleman and can assure you a few qualifications and professionalism in representing the county and the interests of our county as we move forward on this requests so it is time for us on last mr walker deputy director of finance to give any opening comments to the committee thank you chair good morning when the members mark walker deputy director finance this item before you today is the hiring of iraq recommendation for hiring of our bond and disclosure council we've gone through the r f p process and have done a good job and i would recommend approval of this item thank you thank you very much mr walker mr tierney i know you're on the phone we can hear you and so if you associates from the firm of hawkins delafield and would thank you and mr attorney how does the seventy thousand dollar fee that is in the resolution compared to your i think that was probably lower with a big number you know sort of special circumstances certain degree this one is more hidden and with what we've done already we've responded lower this year than last year or is it higher well it's a little bit apples and oranges we we responded in the last r f p with just the number transaction and the complexity of the transaction which is more typical so probably means it's hard to say it depends on the features of the transaction whether this is a higher or lower bit whereas the other bid was this fixed and didn't change depending on the transaction so this may be a little bit higher by i think it's you know you have the other to judge it by objectively i believe it was the lowest bid and you know we believe that our keys are very competitive and reasonable previous bond issue i still haven't gotten you to answer the first question what was the fee last issue a number of assurances in two thousand and six they charge just about eighty one thousand two thousand and eight the charge is seventy thousand two thousand and ten they charge a seventy thousand as well i'm still looking at that see if we can find the two thousand and twelve cost but  bunch of different transactions so look that up and we have one for two thousand and fourteen correct now i'm staying in working working my way up there thousand and six was eighty one two thousand and eight was seventy in two thousand and ten was seventy as well so when i think when he says he reverting to the traditional cost that's probably what it's referenced if memory serves it was in the twenty thousand dollars range but i'll let sandy confirm that last year on that that answers the question of why mr tierney was hesitant to give us a number i guess my you know you never know what in the what were the other bins this year i don't have that in front of me but you know the difference was probably three or four thousand dollars ok chad if we can get that information out appreciate the requests for whatever is the amount of work yeah well that we charge at the time of closing the bond issue on a on a contagion basis  from and are paid from proceeds i think occasionally for other specific services we would charge a fee but by far the what's being approved now is in connection with the issuance were we get paid act losing from proceeds proceeds that i mean that's up to the county that you could use your other funds if you wanted to but the it's the typical or customary approach is that the cost of issuance including bond attorney and simple for me is what do we pay you last year so that we can kind of figure out if this seven seventy thousand is close and that's being kind of you know all kinds of things talk about what do we we were it way back when most it send it to thousand and ten have yet a chance to catch up i know it's hard to end it can't find anything if costs in our coming away expenditures program so the transactions that i'm seeing are would not be paid for out of the bond issuance so i'm unclear as twelve thousand five hundred forty two out of this plan so if there's additional costs that are coming out of the bond issuance i'm not aware of those i see because we're i'm trying to compare what you're telling us with that haven't we heard that testify is the current interest we can't wait oh no i'm not i don't think just wait tara but i just want to know if this is something we had to decide if i would decide my recommendation is if we can i would like to sooner than later thank you i understand you have a situation you know if we do if you do prove recommendation for this in the meantime i can do some more research and find out what there is additional payments counsel and the money amounts are not approving the actual dollar amount so we're just including that for your information just for clarification it is our understanding that the seventy thousand will be the fees and they might have twenty five hundred dollars i believe those are max on extra expenses and just a general comment to this firm they specialize in these type of special bond counsel bond consul and disclosure counsel types of things so it's been a pretty smooth ride with the last few times you work here they're excellent to work with they know what they're doing so typically the seventy thousand would cover it you know there might be i doubt they'll be anything else but we'll come back to you guys for more money if necessary but i don't believe we'll need to it's the north they're doing they do this all the time so we used to get through it pretty smoothly thank you thank you miss cockerill kay thank you and just if it can be a brief comment think there were five different criteria don't happen alderman for me but you all experience experience in hawaii experience with the colony pricing i think that covered most of them but i could get you  our community is do not get confused between special counsel for litigation and spend special counsel for a bond authorization float two different things to different things any other questions for either mr tierney and his associates missa walker mr barr's members if not the rector is going to pay for the county of my we two thousand and fifteen general obligation bond issuance filing of all appropriate communications as well as allowing us staff to make all the any and not substantive to go through and that is on p f thirty eight desh one this is amendments to the fiscal two thousand and sixteen budget post employment obligation and mr chair and good morning again committee members this is the authorization for us to transfer fourteen million one hundred three thousand dollars from our coffers to the employer union health benefits trust fund this amount is related to the unfunded liability portion of our annual retiring required contributions so we'd appreciate getting this approved expeditious and we do have the money sitting in our treasury ready to send off so as soon as this is by counsel will make that payment and start earning a higher interest rate on our money as well thank you so director buzz and director is have both heard the comments from the committee and the council and are working with us this year to get the payment done by the first quarter which we can do if we move this out to council specifically the way the chair has set it up for you members is that we'll go through this process so you know exactly when we make you know authorization to payment to the state and trying to get accomplished today mr kerik question sir it's based on no question just a quick comment i'm glad we're doing this quickly and i guess it's up to us to get it out of here thank you thank you ms cochran no question filing or are we leave this open for every subsequent budget years